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- - Additional Documents - 1/7/2014
City of Costa Mesa Inter Office Memorandum To: Tom Hatch, Chief Executive Officer Cc: Steven Mensinger, Mayor Pro Tem From: Gary Armstrong, Economic and Development Services Director/Deputy CEO Date: December 19, 2013 Subject: SUMMARY OF FREESTANDING SIGN CODE REQUIREMENTS FROM SURROUNDING CITIES The attached summary of code requirements for freestanding signs from surrounding cities has been prepared in response to an inquiry from Mayor Pro Tem Mensinger. Attached are the sign codes for the following cities: Newport Beach, Huntington Beach, Tustin, Orange, Fountain Valley, Santa Ana, and Costa Mesa. Attachments CC.' Assistant Chief Executive Officer Economic and D lopment Services Director/Deputy CEO City Clerk Planning Staff (7) File (2) IF"i1 NEWPORT BEACH: Code Section 20.42.080. Standards for Specific Types of Permanent Signs, C. Freestanding Signs. 1. Freestanding signs include ground -mounted signs (monument) and pylon signs, which may either have a solid base or a base comprised of two legs. If legs are provided, the proportional dimensions of the sign shall comply with the requirements of subsection (C)(3)(c) of this section. 2. Freestanding signs shall be allowed only for lots with at least fifty (50) feet of frontage adjoining a public street. In addition, pylon signs are only allowed when a building is set back from the front property line a minimum of forty (40) feet. 3. Freestanding signs shall not exceed the following maximum height dimensions and shall not exceed the proportional dimensions provided below: a. Pylon sign: maximum height = twenty (20) feet. b. Monument sign: maximum average height = six feet; maximum overall height = eight feet, including decorative elements and architectural features. c. Proportional dimensions shall be as follows: i. Pylon Sign. (A) Maximum W = 30% x H. (B) Maximum LH = 33% x H. (C) Maximum O = 50% x W. (D) Minimum LW = 25% x W. M", W= 39% of H H m height SIGN Wnwitlth AREA LW .� leg mdds LlI t leg height nwx. 0 F opening height 0- 20' 50% of W x8346 uFli L LLH LW - M% -f W ii. Monument Sign. (A) H e height inclusive of the base. (B) W = width exclusive of the base. (C) Maximum W = 1.5 x average H. mex. W= 1,5 x d ve raae height maxSIGN AREA avg. height 6' H height including base W = width 4. Freestanding signs shall be set back a minimum of five feet from a street or interior property line and a minimum of ten (10) feet from the edge of a driveway. 5. To ensure the readability of freestanding signs, the minimum letter size allowed shall be six inches. Sign copy shall not be located closer than one-half letter height to the sign edge or other line of copy. 6. There shall be a minimum of fifty (50) feet between freestanding signs on adjoining sites to ensure adequate visibility for all signs. 7. Freestanding signs shall be a minimum of fifty (50) feet from a lot line of any residentially zoned property. 8. Freestanding signs shall not project over any building, or over any on-site driveway or vehicle circulation area. 9. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site. 10. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or seventy- five (75) square feet, whichever is greater. For example, forty (40) sq. ft. of sign 2 max. hekfhI X16 N AA I A rnax. 4. Freestanding signs shall be set back a minimum of five feet from a street or interior property line and a minimum of ten (10) feet from the edge of a driveway. 5. To ensure the readability of freestanding signs, the minimum letter size allowed shall be six inches. Sign copy shall not be located closer than one-half letter height to the sign edge or other line of copy. 6. There shall be a minimum of fifty (50) feet between freestanding signs on adjoining sites to ensure adequate visibility for all signs. 7. Freestanding signs shall be a minimum of fifty (50) feet from a lot line of any residentially zoned property. 8. Freestanding signs shall not project over any building, or over any on-site driveway or vehicle circulation area. 9. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site. 10. Landscaping with automatic irrigation shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or seventy- five (75) square feet, whichever is greater. For example, forty (40) sq. ft. of sign 2 area equals eighty (80) sq. ft. of landscaped area. The Director may waive or modify this requirement on a case-by-case basis to take into account existing conditions. 11. Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of six inches in height and shall be clearly visible from the public right-of-way. Address plates shall not be calculated against the allowed sign area, See following illustration: SIGN Ground sign with Appropriate Address 3 HUNTINGTON BEACH: Code Section 233.06._ Permitted Signs. A. Commercial Districts. 1. Freestanding Signs on Adams Avenue, Beach Boulevard, Brookhurst Street, Edinger Avenue, Goldenwest Street and Warner Avenue. 2. Freestanding Signs on All Other Arterials Not Listed in Subsection (A)(1) of this Section. LOT FRONTAGE MAX. NO. OF MAX. SIGN MAX. SIGN AREA; a. Interior lots with SIGNS HEIGHT j a. Interior lots with One 10 ft. +5 ft. for 50 sq. ft. +25 sq. less than 200 feet Bonus ft. for Bonus b. of street frontage One per street 7 ft. +1 ft. for 30 sq. ft. +10 sq. b. Interior lots with One 15 ft. +5 ft. for 70 sq. ft. +30 sq. j min. 200 feet but Bonus ft. for Bonus less than 400 feet c. Corner lots with One per street 7 ft. +3 ft. for 30 sq. ft. +15 sq. the greatest street frontage Bonus ft. for Bonus frontage less than 400 feet d. Interior lots with One primary (P) 20 ft. (P) +5 ft. for 100 sq. ft. (P) +25 min. 400 feet of and two secondary (P) Bonus 7 ft. (S) sq. ft. (P) Bonus frontage AND (S) signs per 30 sq. ft. (S) Corner lots with street min. 400 feet on one street frontage e. Regional mail One per street 25 ft. 100 sq. ft. identification sign frontage One freeway sign 25 ft. above 200 sq. ft. freeway 2. Freestanding Signs on All Other Arterials Not Listed in Subsection (A)(1) of this Section. 4 LOT FRONTAGE MAX. NO. OF SIGNS MAX. SIGN HEIGHT MAX. SIGN AREA a. Interior lots with One 7 ft. +1 ft. for 50 sq. ft. +10 sq. less than 400 feet Bonus ft. for Bonus of street frontage b. Corner lots with One per street 7 ft. +1 ft. for 30 sq. ft. +10 sq. the greatest street 4 Bonus signs (B) shall have an opaque background, internal illumination for items of information only. Multi -tenant panels are permitted provided the panels are minimum 10 inches in height, with a minimum six-inch letter height. They shall be restricted to one uniform background color and two colors for the sign copy, with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. Major tenant identification shall be encouraged by being placed on the largest panel. Secondary signs (S) are in addition to the Primary (P) sign. Secondary sign copy shall be limited to business identification only. Street addresses shall be included on all freestanding signs with minimum six- inch numerals. Other Locational Criteria for Freestanding Commercial Signs • No business shall have more than one freestanding sign facing each frontage. • Freestanding signs on the same site shall be located a minimum of 150 feet apart unless approved by a planned sign program. • A freestanding sign shall not be permitted in an area between the building and right-of-way when that portion of the building is located at the minimum setback. • Signs shall be located in a landscape planter a minimum of two feet wider than the sign itself. Square poles or other architectural treatment shall be required, except if the sign is eight feet or less in height, it shall be of monument type, with a minimum two -foot base. Placement shall conform with Diagram A. • No freestanding sign shall be located along a local street. frontage less than 400 feet Bonus ft. for Bonus c. Interior lots with One primary (P) 15 ft. (P) +0.5 ft. 70 sq. ft. (P) + 10 min. 400 feet of and two secondary for Bonus 7 ft. (S) ft. for Bonus 30 sq. frontage AND (S) signs per ft. (S) Corner lots with street min. 400 feet on one street frontage Bonus signs (B) shall have an opaque background, internal illumination for items of information only. Multi -tenant panels are permitted provided the panels are minimum 10 inches in height, with a minimum six-inch letter height. They shall be restricted to one uniform background color and two colors for the sign copy, with the exception that the Center Identification may have a separate background color. Sign copies shall be limited to the company name or one generic item of information. Major tenant identification shall be encouraged by being placed on the largest panel. Secondary signs (S) are in addition to the Primary (P) sign. Secondary sign copy shall be limited to business identification only. Street addresses shall be included on all freestanding signs with minimum six- inch numerals. Other Locational Criteria for Freestanding Commercial Signs • No business shall have more than one freestanding sign facing each frontage. • Freestanding signs on the same site shall be located a minimum of 150 feet apart unless approved by a planned sign program. • A freestanding sign shall not be permitted in an area between the building and right-of-way when that portion of the building is located at the minimum setback. • Signs shall be located in a landscape planter a minimum of two feet wider than the sign itself. Square poles or other architectural treatment shall be required, except if the sign is eight feet or less in height, it shall be of monument type, with a minimum two -foot base. Placement shall conform with Diagram A. • No freestanding sign shall be located along a local street. TUSTIN: Code Section 9404. Sign Regulations b. Signs subject to conditional use permit approval. The following types of signs are permitted only when reviewed by the Planning Commission and where a conditional use permit has been issued in accordance with the Tustin Zoning Code. An application for a conditional use permit for these types of signs shall be processed in accordance with conditional use permit procedures contained in the Tustin Zoning Code. Appeal procedures for conditional use permits shall also be governed by applicable sections of the Tustin Zoning Code. 2. Pole sign. All pole signs not considered freestanding freeway signs pursuant to subsection 9404b(3) shall require approval of a conditional use permit. In addition to findings required to be made on granting of a CUP contained in the Tustin City Code, the following restrictions and criteria shall apply: (a) Type of business. Only center identification signs are permitted to be pole signs. (b) Size and scale of project: The center identified by the sign is a single development project of at least one hundred thousand (100,000) building square feet or five (5) acres in project size which has a minimum of three (3) or more tenants. (c) Design. The pole sign is designed to reflect theme of the center it identifies and incorporates similar design elements, materials, colors and special qualities of the architecture of the building(s) in the center and is compatible with existing or proposed signage in the center. (d) Location. The pole sign shall (1) be located within a landscaped area and is limited to one (1) per street frontage, (2) maintain a minimum of one hundred (100) lineal feet from any other monument sign or freestanding sign in the center, and (3) be set back a minimum of twenty-five (25) feet from interior side property line or maintain a minimum of fifty (50) feet from another pole or freestanding sign located on an adjacent site. (e) Height and size. The sign shall be compatible with the size and scale of the project and shall not exceed twenty (20) feet in height and fifty (50) square feet in size. ORANGE: Code Section 17.36.070. Freestanding Signs, Except as otherwise provided in this chapter, freestanding signs shall be allowed in commercial and industrial districts subject to the following regulations, permitted only in accordance with approval of a building permit. A. Number. One freestanding sign shall be permitted for each parcel with frontage measuring up to four hundred (400) feet along an arterial street. Parcels with more than four hundred (400) feet of frontage may have one additional freestanding sign for each four hundred (400) foot increment. When a commercial or industrial center is comprised of multiple occupants or tenants with a common parking facility or shared access, frontage shall be considered by joint use of the shopping center or overall length of the project site and not the frontage of the individual businesses or occupancies. B. Area. 1. The maximum area of such signs may be one-half square foot per lineal foot of parcel frontage upon the adjacent arterial street, with a maximum area of one hundred sixty (160) square feet. 2. When sixty (60) percent of the tenant signs on a freestanding sign have been replaced and conform to the approved sign plan for that property, the entire freestanding sign must be changed to conform to the approved sign plan. 3. A minimum of ten percent of sign area must be devoted to the development's title and address, as required in Chapter 15.52 of the Orange Municipal Code. Multi -tenant projects must display the full range of tenant addresses on the freestanding sign. The street address will be illuminated in the same manner as the sign display area. Phone numbers are not permitted on a sign in order to avoid confusion and minimize clutter. 4. No sign copy shall extend beyond a display area contained within architectural features. C. Height. When parcel frontage measures one hundred (100) feet or more, freestanding signs are limited to a maximum height of fifteen (15) feet. For parcels with frontage measuring less than one hundred (100) feet, maximum height is limited to five feet. Sign height is measured from the top of the adjacent curb to the top of the sign face area. Architectural features may increase overall height, but not by more than fifteen (15) percent. 7 FOUNTAIN VALLEY/: Code Section 21.24.080. Standards forspecific sign type (c) Freestanding Monument Signs. Standards for Freestanding Monument Signs in Commercial, Industrial and Multi - Family Zoning Districts and Assembly Facilities (1} In commercial, industrial zones, multi -family zoning districts, and assembly facilities, the following limitations shall apply to monument signs: 0 Maximum Maximum Number Sign Sign Requirements Allowed Area Hei ht 1 sign for 50 sq. ft.* 8 V Sign shall be every 300 set back a feet of minimum 5 ft. street from property frontage lines or public along a right-of-way public and shall not street block traffic -- - - safetyarea. *Height 80 sq. ft. 12 ft. Same as and square above. footage may be increased for commercial and industrial properties that have 500 ft. or more of continuous street frontage along an arterial street See additional requirements below (1} In commercial, industrial zones, multi -family zoning districts, and assembly facilities, the following limitations shall apply to monument signs: 0 Lineal Street Frontage No. of Signs Permitted 0-300 1 300-600 2 600-900 3 Over 900 4 (2) Lineal street frontage on corner lots fronting arterial streets shall be combined and count towards the number of allowable monument signs. (3) Separation. There shall be a minimum of seventy-five feet between two freestanding monument signs on the same property and adjoining properties to ensure adequate visibility for all signs. The director may waive this requirement in situations where its application would be impractical due to the locations of existing signs on adjacent properties. (4) Freestanding monument signs shall not project over public property, vehicular easements or rights-of-way, or obstruct corner cutback area. A minimum of two hundred square feet of landscaping shall be provided at the base of the supporting structure; (5) The width of the base structure shall be a minimum of one-half the length of the sign area; (6) Illumination: freestanding monument signs may be illuminated with either interior or indirect lighting; (7) Architectural Compatibility. Monument signs shall be compatible with the architectural features of the facility to which it relates. (8) Addresses shall be provided on monument signs using Arabic numbers at least eight inches in height and be placed on the top face or the side parallel to the street of the monument sign. (9) Sign area shall be computed by measuring the entire area contained within the frame or cabinet but excluding the monument base if it contains no sign copy and is clearly distinguishable from the sign copy area through the use of different texture, color, and design. The frame or cabinet structure shall be included in the maximum height calculation of the sign. (d) Freeway Visible Monument Signs. Standards for Freeway Monument Signs in the Commercial and Industrial Zones Adjacent to the 405 Freeway 9 Number Allowed Maximum Sign Area Maximum Sign Height Requirements 1 sign 200 sq. ft. Shall not Only on exceed 20 ft. parcels that in height as have a measured minimum from the freeway elevation of frontage of the nearest 200 ft. 1._freeway lane See additional requirements below (1) Freeway monument signs may not be used as general advertising for hire. (2) Landscaping. Freeway monument signs shall be located in a landscape berm area, approved by the director, a minimum of six hundred square feet in area. (3) Orientation. Freeway monument signs shall be perpendicular to the freeway right-of-way. (4) Separation. There shall be a minimum of two hundred feet between two freestanding signs on abutting sites to ensure adequate visibility for all signs and to alleviate sign clutter. (5) All freeway monument signs shall be reviewed by the sign committee for compliance with this chapter. 10 SANTA ANA: Code Section 41_-862. Freestanding signs. No permit shall be issued for a freestanding sign which does not comply with the following standards: (a) Number. (1) The number of freestanding signs permittable on an integrated development site shall he as fnllnws• Total Street Frontage (feet) Number 0-299 1 300 —599 2 600-899 3 900--1,199 4 1,200 or more 5 (2) No more than one (1) freestanding sign advertising or identifying the same business activity shall be permitted on each street on which the integrated development site has frontage. (b) Location. (1) No freestanding sign shall be permitted on any site which does not have street frontage. (2)A freestanding sign shall be located only in a landscaped planter, with such planter not less than four (4) feet in any direction from the edge of the planter to the sign. The planning manager may reduce the amount of required landscaping for freestanding signs on sites with legal nonconforming landscaped setbacks. No sign shall obstruct or remove any required landscape materials. (3) No freestanding sign shall be placed closer than twenty-five (25) feet to a side lot line. 11 (4) No freestanding sign for a commercial use shall be placed within fifty (50) feet of land used, zoned, or designated on the general plan for residential purposes on the same street frontage as the proposed sign. (5) No freestanding sign shall be closer than one hundred (100) feet from another freestanding sign on the same site. (6) No freestanding sign shall be located in the triangular area(s) measured fifteen (15) feet by fifteen (15) feet where a driveway enters onto a street, or in any other area which may obstruct the vision of motorists so as to create a safety hazard. Additionally, all signs are subject to sections 36-45 to 36-47 of this Code regarding obstructions to vision at corner intersections. (c) Height and area. (1) Properties with less than one hundred twenty (120) feet of street frnntnrre shall he Guhiect to the followina reauirements: Total Street Frontage (feet) Size 0-60 20 square feet maximum, not to exceed 5 feet in height. 61-119 30 square feet maximum, not to exceed 6 feet in height. (2) Freestanding signs with more than one hundred twenty (120) feet of street frontage shall not exceed seven (7) feet in overall height from curb level unless otherwise stated in this section. The overall height plus the overall width shall not exceed sixteen (16) linear feet, and the sign face area shall not exceed forty-five (45) square feet. (3) Developments over fifteen (15) acres and with at least seven hundred fifty (750) feet of street frontage shall have no more than one (1) freestanding sign not to exceed fifteen (15) feet in overall height and ten (10) feet in overall width; the sign face area shall not exceed sixty (60) square feet. Such sign shall not be located on any secondary frontage. (4) A sign may be permitted to a height not exceeding thirty-five (35) feet and an area not exceeding one hundred (100) square feet, provided all of the following conditions are satisfied: a. The sign is located on a site which is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street; 12 b. The sign is oriented toward viewing by freeway traffic; c. The sign is limited in content to the identification of the business name of a restaurant, a service station or a lodging establishment. (d) Design. (1) All signs shall be architecturally compatible with the development on which they are located. (2) The copy area of a freestanding sign shall not exceed forty (40) per cent of the sign face. (3) Freestanding signs shall be for the shopping center or development name and/or the major tenants thereon, not to exceed a total of eight (8) items of information. (4) No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights. No sign shall utilize unshielded incandescent, fluorescent or other lighting, except neon. (5) The project address shall be located on the monument sign base 13 COSTA !MESA: Code Section 13-115. Signs regulations and design standards. TABLE 13-115 SIGN REGULATIONS PERMANENT SIGNS 14 RESIDENTIAL COMMERCIAL INDUSTRIAL INSTITUTIONAL ZONES ZONES ZONES ZONES TOTAL SIGN Residential uses: 1.0 sq. ft. per ft. of lot width 30 sq. ft. for sites AREA PER 1.0 sq. ft per unit, not + 0.5 sq. ft. per ft. of lot depth less than 1 acre. STREET to exceed 90 sq. ft. 45 sq. ft. for sites of FRONTAGE (25 sq. ft. minimum 1 acre or more. for sites with 4 or more units). Permitted non- residential uses: 30 sq. ft. for sites less than 1 acre. 45 sq, ft. for sites of 1 acre or more. Total area of all permanent sigs (freestanding signs and building signs) may not exceed TOTAL SIGN AREA PER STREET FRONTAGE, See Section 13-116 for commercial or industrial signs located within 200 ft. of residentially - zoned property. FREESTANDING Yes SIGNS PERMIT REQUIRED DEVELOPMENT Must be located in landscaped planter 1. equal to twice the sign area. May not obstruct visibility for motorists or 2. pedestrians at driveways or intersections. 14 STANDARDS May not obstruct visibility of 3. legal signs on adjacent site(s). May not consist of a pole sign with a 4. visible cylindrical pole structure(s). Planning Division may require 5. freestanding signs to incorporate street address if address on building is not visible from public streets: 6 inches high minimum in residential zones; S inches high minimum in nonresidential zones. The address area, up to 6 sq, ft., is not counted against allowable sign area. Address must be integrated into the design of the sign and placed at such an elevation so as not to be See obstructed by landscaping. 6. section 13-116 if located within 200 ft. of residentially -zoned property. MAXIMUM AREA 30 sq. ft. (Includes Total area of all freestanding 15 sq. ft. for sites both on-site and signs may not exceed 50% of less than 1 acre. neighborhood total allowed sign area per street 30 sq. ft. for sites of identification signs.) frontage. 1 acre or more. MAXIMUM 7 ft. 12 ft. 7 ft. HEIGHT NUMBER & 300 ft. separation between freestanding signs on same site. SEPARATION ILLUMINATION Exterior, or interior No flashing or blinking allowed. Exterior, or interior with opaque with opaque background. No background. No flashing or blinking flashing or blinking allowed. allowed. VERTICAL B ft. minimum clearance over pedestrian circulation areas. 16 ft. minimum CLEARANCE clearance over parking and vehicular circulation areas. FREEWAY- Prohibited Yes Prohibited ORIENTED FREESTANDING SIGNS PERMIT REQUIRED MAXIMUM AREA NIA For commercial NIA AND HEIGHT properties of one acre or more, within 300 feet of a freeway exit: One freeway - 15 W oriented -sign may be allowed, not to exceed 230 sq. ft. and 32 ft. high. ILLUMINATION NIA No flashing or NIA blinking VERTICAL NIA 8 ft. minimum NIA CLEARANCE clearance over pedestrian circulation areas. 16 ft. minimum clearance over parking and vehicular circulation areas, W From: L. Chen To: "Wendy.Leece@costamesaca.gov" <Wendy.Leece@costamesaca.gov>; "sandra.genis@costamesaca.gov" <sandra.genis@costamesaca.gov> Sent: Saturday, December 21, 2013 4:06 PM Subject: Re: Summary of Dec 18th Meeting Dear all, Here's my summary. Sorry it is a bit long. City of Costa Mesa Motel Issues Meeting Agenda 1. Introduction- Mayor James M. Righeimer 2. Sharing Ideas for Best Practices 3. Q&A Sessions City Officials In Attendance Mayor Righeimer Mayor Pro Tem Mensinger Assistant CEO Rick Francis City Attorney Elena Q. Gerli Jon Neal (Code Enforcement) Gary Armstrong (Planning) Police Chief Gazsi (Also another police officer and staff from Planning that I did not catch names of) Mayor started out with the purpose of the ordinance, which is to recapture costs to the city and to stop the citizens' subsidy of the calls for services. He mentioned that during the last council meeting, the CFS came down dramatically with certain standards, but they will come up again based on new or revised standards. (This concerns us because this is another example of the vagueness of the ordinance and how terms and conditions are moving targets.) Assistant CEO Francis was interested in the hoteliers' concerns, but highlighted that a change of approach was needed. He stated that the hoteliers could manage their problems themselves and the incentive to do so was financial (i.e. the fines). Wilson Wang of the Taiwanese Association of Hoteliers of Southern California asked why the ordinance was discriminatory, Mayor emphasized that the motel business model made it discriminatory because of its numbers of calls and it was draining resources. Mayor said although there has been no comparative studies, they "know" that the motels are outliers and are confident should this be litigated (This concerns us since if no comparative studies have been done, is our industry really disproportionately draining resources as they claimed and are we being arbitrarily and unfairly targeted?) Mayor also stated many times that as a result of the ordinance, 3-4 motels may be out of business and if the motels want to exit out of the business, the City can help them get out by redevelopment and/or rezoning. (This concerns us because the ordinance is then a method to intentionally devalue lodging establishments and drive out certain businesses for redevelopment and or to create a lower purchase price for developers/City; if the City is interested in acquiring properties for redevelopment or rezoning, they should use legal and court approved means such as eminent domain.) Hoteliers expressed wanting increased police cooperation, such as the police providing lists of parolees, etc. Police seemed open to the idea. Hoteliers also asked for better understanding of how to improve screening and whether the City has some criteria. Mayor Pro Tem Mensinger mentioned accepting only credit cards and was in favor of economic screening. (This concerns us because many low income people do not have credit cards and we also question the benefits of a credit card only requirement as a screening method.) Many unreasonable comparison were made throughout the meeting such as: 1) comparing retail establishments such as South Coast Plaza to a motel (different industries and serving different needs and purposes); and 2) comparing Westin to a motel (akin to comparing a Ferrari to a Ford Fiesta). Mayor Pro Tem Mensinger claimed that Westin has better screening process so less problems. I pointed out that smaller motel establishments have more stringent screening process and strictly adhere to thein because of the police's regualr patrol stops there. Motels are required to ask for IDs (many operators keep photo copies of the IDs), keep a guest register for police review, and ask guests if they have a car on the premises and for their car license numbers. (From my interviews with guests who stayed at the Westin Costa Mesa, it appears that Westin's standard "screening" practice only involves asking for an ID (no photocopies are made) and charging a credit card for potential incidentals. They may ask whether a car is parked onsite for parking validation purposes, not for screening, and do not ask the guests for their car license numbers. Also, I doubt that police go to the front desk and review the Westin's guest register regularly nor do they perform regular patrol stops there,) Finally, hoteliers asked for clarifications on what kinds of calls are included and excluded in the "Calls for Service" definition. There were some clarifications, but this is an another example of the general vagueness of the ordinance and how the teens are moving targets. (This concerns us since there seems to be a general rush to judgment to get this ordinance enacted without much thought regarding applications and consequences.) Regards, Lily Chen, Esq. From: Murry Mc Claren Sent: Monday, January 06, 2014 3:08 PM To: GENIS, SANDRA Subject: LED Signs in Metro Point Hello Sandra appreciate your stand on LED signs at Metro Point. I commute to Los Angeles on the 5 and the LED signs in the City of Commerce along the freeway distract drivers from making safe lane changes because of the bright lights. I also drive the 405 past the Westminister Mall and find the bright lights created by the LED signs also causes traffic to slow down and make unsafe lane changes. I read the article by Bradley Zint in the Los Angeles Times dated January 5th where he stated that the Planning Commission approved the signs at a meeting on December 9t6 with a vote of 3-2. The article stated that there are "no residences across the 405" thus the officials ensured that the signs would not be visible to the residents. The bright lights of the LED are a "safety problem" not a residential problem. I believe that the bright LED lights from the Westminister Mall signs as well as the 1-5 in the City of Commerce are an example of unsafe driving issues that must be considered. Thank you for your time. Merlin Mc Claren Costa Mesa resident for 46 years in Mesa Verde From: MUNOZ, ERNESTO Sent: Sunday, January 05, 2014 8:46 PM To: HATCH, THOMAS Subject: Re: Question from Sandy Tom, We do not have a detailed scope for the work yet. This will be developed with the help of Commissioner Abernathy once the Council authorizes staff to release an RFP. believe the general interest is to upgrade the document. Some areas that will be addressed are changes to the landscaping scheme for medians and parkways to drought tolerant and different planting palette for arterials (Exhibit G, H, and I of Appendix E in the Standards); address the installation of bicycle racks; possible changes to the tree removal guidelines; changes to section 8, arterial walls; addition of a way finding signage program; in addition several standard design details in Appendix E require updating. Also, the incorporation of the West 19th beautification concepts in the document, and possibly adding the "vision" for the Harbor Blvd. corridor previously discussed with CC. I am sure there will be other areas once we begin discussions with Commissioner Abernathy as he has many ideas, including looking at section 5, criteria for the repair/replacement of sidewalks, curbs, and gutters. We estimated the cost for the update by obtaining an informal estimate from a landscape architect, and it seems reasonable for the update, of course we will know the actual cost when we receive the proposals. Please let me know if if CM Genis has additional questions relative to this item. Ernesto Munoz Public Services Director City of Costa Mesa Sent from my mobil phone ----- Reply message ----- From: "HATCH, THOMAS" <THOMAS,HATCH@costamesaca.gov> To: "MUNOZ, ERNESTO" <ERNESTO.MUNOZ@costamesaca,gov> Subject: Question from Sandy Date: Fri, Jan 3, 2.014 5:27 PM Sandy had a basic question on CC 12 — what is the interest for the change? What is the Commission interested in doing for $25,000? Thomas R. Hatch Chief Executive Officer City of Costa Mesa 77 Fair Drive, Costa Mesa, 92626 PUBLIC LAW CENTER PROVIDING ACCESS TO JUSTICE FOR ORANGE COUNTY'S LOW INCOME RESIDENTS Lili Graham Public Law Center January b, 2014 Costa Mesa City Council City Council Chambers 77 Fair Drive Costa Mesa, California Dear Councilpersons: The Public Law Center ("PLC") is a pro bono law firm that has been providing free legal services to and representing the interests of low-income residents of Orange County for over 32 years. We are objecting to the proposed Excessive Use of Resources Ordinance, Chapter XI of Title 14 of the Costa Mesa Municipal Code to help protect the interests of low-income families using the long-term stay motels in Costa Mesa, CA as last resort housing. This ordinance will be a great detriment to residents who could be victims of serious crimes and need to access public safety resources, yet are concerned about the Loss of their housing. There are a number of reasons why this ordinance is bad public policy. First, the cost of the fines levied on the owners of the lodging establishments will trickle down to the residents. Either in the cost of their lodging or the loss of their housing, the lodging establishments could punish residents for calling any of the city's public safety resources. Public safety resources include but are not exclusive to the police department, fire station, or medical assistance. This ordinance would create bad public policy for the victims of crimes. Second, the ordinance is overly broad and vague as to the nuisance activities it mentions. A victim of a minor to serious crime could be grouped with the nuisance activities listed in the proposed Section 14-81. Third, the community, including the residents at the lodging accommodations, has a right to access public safety resources if needed. By levying a fine on the calls to community resources, the city is creating restrictions to access to public resources. Fourth, the two proposals of threshold excessive calls for nuisance activities are much too restrictive and limited. The calls only allow either 5 calls per month or 13 calls per quarter. This restrictive number prejudicially affects the residents as their emergency needs could be trumped by the fines levied against the lodging establishment. The residents could face retaliation and eviction from the owner if they use resources that result in the owner being fined. Finally, there is no appeal process for the fines, therefore, violating the residents' and lodging establishments' ability to adequately appeal the necessity of some calls versus others. As representatives of the low-income residents of Costa Mesa and Orange County, we strongly object to the passage of this ordinance. This ordinance would cause undue burdens to our clients who could be victims of serious crimes. This ordinance is denying access to public safety resources merely based on where someone is living. This ordinance is bad public policy. Sincerely, Lili Graham Public Law Center From: Colin McCarthy Sent: Monday, January 06, 2014 4:33 PM To: RIGHEIMER, JIM; LEECE, WENDY; MONAHAN, GARY; GENIS, SANDRA Cc: GREEN, BRENDA; ARMSTRONG, GARY; Jim Fitzpatrick; HATCH, THOMAS Subject: Public Hearing Item No. 1- LED at Metro Pointe Mayor Righeimer and Councilmembers, On Tuesday evening the City Council will consider an appeal of the Planning Commission's approval of LED signage at Metro Pointe by a 3-2 vote (Fitzpatrick and McCarthy voting no). Since I voted against the application, I wanted to explain my rationale for doing so and because my comments exceed 3 minutes, I have memorialized them. We all know that LED signage is prohibited under our current sign ordinance. As recent as last year the Planning Commission, and ultimately the City Council, re -visited our entire sign program and looked at possible changes. Within that review was LED signage. The big question was whether we would pen -nit LED in our City, subject to conditions, or maintain the prohibition. The Council ultimately decided to leave the prohibition in place. I do note that staff has not interpreted that prohibition as an all or nothing proposition. Meaning that even with this prohibition, LED signage could be allowed with some sort of compelling showing by an applicant, as we saw with the South Coast Collection (SOCCO). I agree with that interpretation as it strikes a fair balance. We should employ some standard of strict scrutiny whenever an LED application is submitted. Hopefully, within this approval would come strict standards and guidelines for the the LED signage. Standards that would protect the quantity and quality of the signage for the community. At the Dccember Planning Commission meeting, I asked the applicant a simple question: why did they need LED signage? Metro Pointe's representative responded simply by stating that it was needed to remain competitive in the market. That answer left me unfulfilled. What is the compelling reason that signage is needed here? Is there a fear that Best Buy is going to relocate to Irvine because Metro Pointe does not have LED signage? Judging by their parking lot before Christmas, I highly doubt that. Metro Pointe is a tremendous asset that generates significant sales and tax dollars for our City. Their proximity to South Coast Plaza has a synergistic effect on their business. Based on the recent sales tax reports, they have done quite well without LED signs. Why now? Our staff recommended, and I supported, a significant amount of additional signage for Metro Pointe, without LED, Additional signage which allows them to remain competitive. Signage that other businesses do not enjoy. I simply did not see the need to go above and beyond that and move to LED at South Coast Metro. It is a path that once traveled, will be difficult to get off. Could LED signage near South Coast Plaza ignite an arms race? Is Bloomingdale's next? Followed by the 24 Hour Fitness, TGI Friday's and then Rutan & Tucker? All could demonstrate that they need such signage to remain "competitive." A slippery -slope towards Costa Mesa becoming the Citadel outlet shopping center off the 5 freeway, or the illuminated casino in Hawaiian Gardens. Where do we draw the line? In my view, Metro Pointe has asked for the sun and moon, happy to get one, ecstatic to get both. LED signage was controversial when it was approved at SOCCO. However, it was approved because SOCCO had a compelling reason --the shopping center was literally whithering on the vine. Without drastic action, we would have lost SOCCO. The same cannot be said for Metro Pointe. It is an "apples to oranges" comparison. Regardless, we must ask ourselves whether SOCCO is succeeding because it has LED signage. I tend to believe SOCCO is succeeding not because of its signage, but because the new owners cracked the nut of the right tenant mix; a balance of stores which have attracted shoppers from all across Orange County, from ice cream, to baby clothes, to kitchen fixtures. That has little to do with an LED sign. AIso, please keep in mind that LED signage at SOCCO occurred only after numerous public meetings and a detailed technical analysis of the quantity and quality of the LED proposed. None of that is present with Metro Pointe's application. At best, the application was incomplete. Speaking of SOCCO, what about LED signage at the Triangle? That concept presents a whole new set of questions and issues which our sign ordinance does not and cannot address. I am not opposed to LED signage. As the Commission majority correctly noted, the technology has evolved greatly over time. I supported the signage at SOCCO. I stand behind that decision. It was the right decision at the right time for that center and was done based on an exigent circumstance and only after significant public input and technical analysis. However, I do think we should demand a compelling reason before we bring more of that technology into our City. Simply seeking to remain competitive is not enough. That applies to every situation imaginable and puts future Planning Commission's in a difficult quandary when pressed with an LED application. Wouldn't every application qualify.) Wouldn't the Triangle qualify? What sets Metro Pointe apart? According to their consultant at the Commission hearing, nothing. The bottom-line question is do we want to expand the use of LED signage in our City? If so, we should amend our sign ordinance to reflect that and impose strict quantitative and qualitative measures to ensure the signage is palatable to our residents. If not, I hope the Council will clearly articulate its expectations regarding LED signage to our staff and the Commission so that we can adequately advise applicants in the future of what our expectations are and are not. Thank you. Colin McCarthy Costa Mesa Planning Conmission Contact Us 0 ins Ave CL Mesa Verde S.horpptng Center MESA Drt WAF. E DF,E Gr�Eicls't�nc Ariia�gton Arena , 14Mao Way _.. CC F'aif Event Center . CMHS Foundation 2650 Fairview Road Costa Mesa, CA 92626 (714) 604-9310 Board of Directors info-Agmhsfoundation;com Name/Position Address Prone E-mail Frank Albers fr_ankacmhsfoundation.com President Debbie Speer debbieft-cmhsfoundation.com Vice President Candace Rice candace cmhsfoundation.com Chief Financial Officer Cynthia Blackwell cynthia[aicmhsfoundation.com Secretary Debra Wanbaugh debra@cmhsfoundation.com Financial Secretary Term Our Mission "Providing educational opportunities for Costa Mesa High .school students " The Costa Mesa High School foundation was formed in 2003 to manage an endowment that funds enhanced educational opportunities at Costa Mesa High School. CMHS faculty, staff, and administration can apply for grants to Ruid specific projects or programs, The Foundation has a Board of Directors that reviews and acts on each grant request to ensure quality and accountability, 2013 — 2014 School Year Grants Have Been Awarded! Grant Name Re nested By Amount Funded Graphing Calculators Racine Cross $4319.57 $4319.57* We've Got Spirit Carey Scott $5000.00 $3,000 Improving Reading K Piazza, J Ames, K. Marchbank $400.00 $400.00** Digital Art K Piazza $1200.00 $1200.00 Computers for Library Georgianna Stevenson $7665.84 $0.00 Computers for Library Georgianna Stevenson $1305.55 $0.00 Have Cart, Can Travel Sandy Gilboe $2171.50 $1600 Show your Mesa Colors Sandy Gilboe $889.80 $889.80 Beyond the Classroom CLieri Daniels $5300.00 $5300.00*** Academic Decathlon Marya Ras $2043.50 $2043.50 MS Robotics Program Erin Clark $5732.15 $5732.15*** On campus Supervision Administration $10,000.00 $5,000.00 PSAT Testing Administration $10,000.00 $10,000.00 PT College Guidance Administration $14,000.00 $5,000.00 PT Office Asst Administration $5,000.00 $5,000.00 School wide Academic Intervention Administration $20,000.00 $10,000.00 * With condition that District does not fund ** With condition that we don't get grant elsewhere *** With condition that Science Department puts together an itemized budget for the 2013-2014 school year and the District does not fiend ••• INTER NTAL illi V l-+NUEE S1:+11VICS COSTA MESA HiG.H SCI -100L F0(TNDAT.IO17 c/o CAROLINE NAIGLE DEPARTMENT OF THE TREASURY Employer Identification Number: 14-1856447 DLN: 17058048017024 Contact Person: DEL, TRIMBLE SD# 31309 Cont- irr 31JUMberl Accc=r Cing Period Ending: DaQember 31 Addendum 7-,pplil-10 No Lear Applicant: Sa9zd on inform tzon Nupplied, and assuming Your operations will be as stated in your application for zecognition of exemption, we have determined you are exempt from Fedexal .income r -ax -aider secriosa 501(x) of the Tnt-ernal Rev -nue Cede ar, an organization described in sectican 501 (c.1 (3 ) We have further deterwined that, as indicated in your app1:cata.0111 you are ct pti'7�rate founcdataoi W?rlliri the meas�.ing cf 4 Ctio 549(a) of the COde_ III this setter we are not deterininiiig whether you are Kira oneraCirig foundation as clefirl rl its Section 4942 (j) (3 ) If your source: of support, or your ptirpuseg, character, or method of opexation change, please* let us know so we can conside.i the effect of the changb- an your exempt status and foundation atatus. In the case of ars amend- ment mend.m€ nt to your oxga�nizatiorsal document or bylaws, please send us a ubpy of the amended document or bylaws. Also, you should inforan us of all changes is your name or address. AS of ann:uary 1, 19x4, Y-Ou are. liable for taxes under the Federal Insurance Contributiona Tact (social seQurity tuxes) on remuneration of $100 or rticre you pay to each, of your employees d,�ring a calendar year., you are not liable for the tax imposed under the Federal. Unemployment Tax het (FCTiA1 Fiowc� ver, since you are a private foundation, .you are subject to excise taxes uC -: ubject to oti�Gr dederal excise !:3]'i�".'�- Chapter 42 of the C+?�.±a. '�0i3 c""siuO fcicJl �" r� taxes. if you have any cfa-stions about excise, employment, or other Federal taxes, _Iea3..se let us know. Donors may cledtict r-ontri.butions to. you as provided in section 170 of the Code. Bequests, ?edaeies, devises, transfers, or gifts to you Or for your u9e are dz�ductible. for Federal estate and gift taX pairpaseg if they Meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. C0.1tribution deductions are allowable to donors only to the e;xte= that their contributionG axe gifts, with no consideration received. Ticket pur- erases and similar payments in conjunction with fundzai irig everiLs may not necesna,il.y qualify as deductible contributions, depending on the circum - Letter 1076 (DO/Cc) -2 - COSTA 14LSA NIGH SCHOOL FOUNIDATIOY stances. See Revenue Ruling 67-246, published in Cumulative: Bulletin 1967-2, on page 104, which sets firth guidelines regarding the deductibility, as chari- table contributiazrs, of payments macre by taxpayer's for admission to or other participation in lur�dra sing activities for charity. You are required to file Form 990 -PF, Return of Private Foundation or Section 4947 (a) (1) Trust 'Created as a private Foundation, Form 990 -PF must be filed by the ISth. day of thu fifth month after the end of your .annual account- ing period. A pernalty of $20 a day is charged when a return ie filed late, unless there is reaso-cable cause far the delay. jioi4ever, the maximum pel.a.lty charged cannot. exceed $10,000 or 5 percent of your gross receipts for the year, whichever is less. For organivat,ons With gross receipts exceeding $1,000,O00 in any year, the pemilty is $1.00 per clay per return, unless there iz reasonable cause for the delay. The maximum pexnaTty for an organization with gxffWs receipts eXz eeding $1,000;000 shall not erc:eed $50,000. This penalty may alS o be charged it a etu.rrs.is nc�t complete, so please he suz`e your rete-iM ie complete before you file it - You are slot required to file Federal income tax returns unless you are subject to the tax ola unrelated t?uSinesO income utader seCtion 511 of the Code, if ycau are ,subject tc this tax, you must file an income tax return on Form 990-T, &Xenpt Org'jniZatioxi $uGiilarS Income Tax Return. In this let.tex we are not determinin-q whether any of your present or proposed activities are unrelated trade or business as defined in Section 513 of th,� Cade. You are required to make certain returns alra.ilable for public i]as°pe 1. iOn for three years after the latex of the due date of the return or the elate the return is filed. The returns required to be made available for public inspection are form 930 -Ply, Return of Private FQ11"Idation or vection 4947ia) {1) Nr�ae:<empt Charitable Trust Treated as a Private Foundation, anti Form, 4720, Return o Cart aits lxcice Iaxes on Charitie's and Other Perscnr- Under Chapters 41 and. 42 of the Internal Revenue Code. You are. ala.o .required to make anra.ilable for public inspection your exemption �qpplication, any supporting d.ocuir.,ente, anc� your exemption letter. copies of these documents must be provided to any indititidual upon written or in peruDra request without charge other than rea,oraakale fees for eopvin and p,Qs You may fulfill this requirement by Placing these documents on the Internet. peaalties may be imposed for failure to CO- ;viC�I tixes� requirerrz�i s�= Adds ti�ila.i infortration is, ava.ila`ble xri Public tion 557, Tai -Exempt Status for your Oi7ganizati.on, r)z you may call our toll free nt., bez shown above. You need an earPIOYer identification number even if you have no emPloYees. if an employer identification number was ncot entered on your application, a number will. be ascignea3 to you and you will be advised of it, Please use that aauribea on all -returns you file and .in all co.rresponde:-ace with the Internal Revenue Sexvice . This derermirzation is based on evidence that your funds are dedicated to the purposes 1;1sted in section 501.(c)(3) of the Code. To assure your continued exemption, you should maintain records to show that funds gaze exuendad only for those Purposes. If YOLi distribute funds to other Letter 1016 (LO/CG) 73. - COSTA MESA HIGH SCHOOL FOUNDATION organizations, your records should show whether they aze exempt under aec.tian 501(c) (3) . in cases where the recipient organization is not exempt under section 501(c)(3), there should be evidence thaC the funds will retrain dedicated to the required purposes and that they will he used for those purposes by the recipient, it we have :indicated in the heading of this letter that an addendum applies, the addendum enclosed is arz inCegral part of this letter:., i3ecause this letter could help resolve any questions .about your exempt status and foundation status, you ahould keep it in your permanent -records, wo- have sent a copy of this letter to your representative as indicated in your power of attorney. if you have any queatioras, pleaoe corit.acL the person whose name and telephone number are showia in the heading of this letter, Sincerely yours, Lciv G. Leriieit� DireGaor, Exempt Organizations Rr.21ings and Agreements Letter 1076 (DO/CG) STA"rE OF CALIFORNIA r FRANCHISE TAX 130AFID :In reply refer to 7 5 5 * G :SIK May 6, 2004 COSTA MESA HIGH SCHOOL FDUND.ATrON RITA K PFETZIN Purpose CHAUTABLE Code Sectian 23701d Form of Orgon.izatlon Corporation Accounting Period Ending; December 31 organization Number 2549077 You are exempt from state franchise Or incume talc under the section of the Revenue and Taxation Code indicated above This deoision is based on information YOU submitted and assumes that y,our present operations continue uncharged or conform to those proPased in Your application. Any change in operation., character, or Purpose of the Organization must be reported immediately to this office ao that we may de-terncine the effect an Your exempt status, Any change of name or address must also be reported. In the event of a change in relevant statutory,. administrative, judicial case law, a change in federal. Interpretation of federal law in cases wherq our opinion is based upon such an interpretation, car a change in the material facts or circumstances relating to your ,application upon which 'this api0i0n is based, this opnion may no Longer be applicable It is your responsibility to be awarO of these changes should they occur. This paragraph constitutes' written advice, other than a chief counsel ruling, within the meaning of Revenue and Taxation Code Section 21012(al(2). You may be required to file Farm 199 (Exempt Organization Annual Information Return) on or before the 15th day of the 5th month (d, 112 months) after the claw of your accounting periods Blease see aonual instructions with forms for requirements. You are not required to file state franchise or income tax returns May 6, 2000a COSTA MESA HIGH SCHOOL EoONDArTION ENTITY Iii : 2549077 Page 2 unless you have income subject to the unrelated business income tax under Section 23731 of the. Cade. In this event, you are required to file Form 109 (Exempt organization Business Income Tax Return) by the 15th day of the Sth month (.4 1/2 months) after the close of .your annual accounting period, Please note that an exemptlon from federal Income or anther taxes and other .state. taxes requires separate aPp],icatiOns. A copy of this letter has been sent to the Registry of Charitable Trusts. M SIKICH EXEMPT ORGANIZATIONS BUSINESS ENTITIES SECTION E0 : CC : L.ATHAM & WATK INS: CMHS Foundation Balance Sheet ►ia As of September 30, 2013 . ...._.. Sep 30,13 ..................................... - ASSETS Current Amts Checking/Savings Paypal 1,419,45 Patty Cash Fund 300,00 [inion Oank of California 3,368.62 Total Checking/Savings, 5,086,07 Other Currant Assets~ Fidelity Investment Account Adjustment to Fair Market Value 48,859.57 F€delityEnvestmentAccount -Other 1,053,451.79 Total Fidelity Investment Account 1,004;592,22 Total Other Current Assets 1,004,592,22 Total Current Assets 1,009,678,29 TOTAL ASSETS 1,0®9,878.29 LIABILME3 B EQUITY Liabilities Current Liabilities Other Current Liabilities Grants Payable 2.262.35 TDD Other Current Liabilities 2,762.35 Total Current Liabilities 2,262,35 Total Liabilities 2.262.35 Equity Regained. Earnings 988,194.16 Nat income 19,221,78 Total Equity 1,007415.94 , TOTAL LIA811-ITIES 8 EaUITY 1,009,675.29 :10 PM 122113 cruel Basis CMHS Foundation Balance Sheet As of December 31, 2012 Dec 31, 12 ASSETS Current Assets Checking/Savings Paypal 1,419.45 Petty Cash Fund 300.00 Union Bank of California 18,972.79 Total CheckinglSavings 20,692,24 Other Current Assets Fidelity Investment Account Adjustment to Fair Market Value 48,959,57 Fidelity Investment Account - Other 1,029,123.84 -- Total Fidelity Investment Account — – 980,264,27 Total Other Current Assets 980,254,27 Total Current Assets 1,000,956.51 TOTAL, ASSETS 9,000,98&:51 LIABILITIES $ EQUITY.................................. ........ .. Llabllfties Currant Liabilities Other Current Liabilities Grants Payable 12,752.35 . Total Other Current Liabilities 12,762.35 Total Current Liabilities 12,762,35 Total Liabilities 12,784,35 Equity Rotained Earnings 954,243,22 Net Income 3$,95M4 Total Equity ,- TOTAL LiA81LITIES & EQUITY 1,00Q,958.51 Fag( :10 PM CNIHS Foundation X22113 Profit $ Lass cruel Basis January through December 2012 Pag4 Jan - Dec 12 ... ........... .........._..,..... ,.... ...... Ordinary tncorne(Expense _,._...,........ ..,.....,...,.....,....,..,......__... Income lmlestment Activity Long Tenn Gainsi(Losses) 5,597.22 Short Term Gainsf(Losses) '14,43 Investment Activity - other OA0 Total Investment Activity Jr. High DC Trip -185:17 Restricted income Investment earnings Capital Gain Distributions 5,317.23 Dividends 29,081.33 Total investment earnings 34,398.59 Total Restricted Income 34,398_58 Uncategorized Income 45,00 . Unrestricted Income Discretionary Fund Grants -6,627.72 Donations -unrestricted 7,250.00 FtIndralsing Events Evening Under Stars Donations-EUTS 1,717.40 Total Evening Under Stars 1,117.b0 Total Events 1,117.00 Membership 495.00 Total Fundralstng 1,612.00 Tota! Unrestricted Income 3,234.2& Total Income 43,104.32 Expense Advertising 342.35 Dank Service Charges 42.47 Dues and Subscriptions 272.00 Insurance 2,426,00 Postage and Deilvery 13.95 Printing and Reproduction 400.04 Professional Fees Accounting Fees .. .............. _,..,..,..,..... ,.:::....,..:::,:__: 540.00 Total Professional Fees _::._...,..,...,.:, 500.00 Restricted funds costs Brants 17,178.04 Portfolio fees 5,493-10 Restricted funds costs -- Other 7,500.00 �.�0,171,14 Total Restricted funds casts Taxes on Net Investment Income 653.54 Telephone 182.85 Uncategorized Expenses 0:00 Total Expense 34,584.30 Net Ordinary Income 8,520.02 Other IncomelExpanse Other income Unrealized FMV Gains 28,430,92 Total Other Income 28,430.92 Other Expense Pag4 .10 PM CMHS Foundation l22i13 Profit & Loss crual Bas19 January through December 2012 Jan - Dec 12 Other Expenses 0.00 Total OHier Expanse Not Other Income 28,430,82 Net Income 38,4.bU.9d Pagf Form990-PF baCar mgr t ambo T u asur, infernal fiauenue Service Return of Private Foundation or Section 4947(ax1) Nonexempt Charitable Trust Treated as a Private Foundation Note, The toundarim may be able to use a copy of ihis.reium to sa8tsfy state reporting requir4 meats. t or calendar year z(nz or tax year beginning --- COSTA MESA HIGH SCHOOL FiOU aTION G Check ail that apply; DMF) No, 134S.(30S2 oyer identification number —1896447 2012 6 Telapa r}e number (seethe enstzucg=s) C !f ezamption application is pending, .Check beta. � ❑ tnitlal return Initial return of a farmer public charity ❑ Final return Amended return D 1 Foreign organizations, check 1>Ere, .., ....: , :. ■ Address change Name change 2 Foreign or(pnizations meeting the 85% test, check ❑ Check type of orgar izatlon: Section 50 c)(a) exampt private foundation tetra and attach cempula400 .... , , .. , . . Section 4947(x)(1) nonexamp charitable .frust flOther Taxable private foundation E if private kundation status was ferminated air market value of all assets at olid of year J Accounting method: X Cash Accrual order section 501(b)(JXA), eheck Mara....... SIJ (Prom P4411, ttolumir (c), fine 16) ether {speci€y) ■ $ F If tte foundation is in a W Marth termination 1 .000, 956. fF' Column (d) must -5 an cos basrs under section 507(b)(1)(�),:twk here .. , ► MiAnalysis Of evenue an Expenses (the total of amounts 1n (a)Reverme end (b)Net investment (0 Adjusted net (d) Disbursements columns (b), .(c), and (d) may not nieces• expenses per books income income for charitable sarrfyeoqual the amounts in column (a) Purposes (cash (see instructions).) basis only) Gantril talions, gins, grants, etc. recomid {att sct,) r _ 495. 4 2 Ck - n if the rout n is not req to att Sc}t 6 s � - x. 3 interes an savings and temporary cash investments .....:........... . nl)mpal atlon or 4locerg, dFrftVrs, t mLfts, at,7 4 Dividends and interest from securities....... , 29 81. 9 081, 29;.99 5 a Grass rents ..... ................. .. b Net r tt!ai incwe ly (�T395F ... ... , R $ E1 Net gaw(loss) 1rom safe of asse ton litre 10 .--.- -- - � v ®'"A-, „ _9_544 E bGts ross sates price for Olt a 17 555. ®. V 7 ssrtson Brie 6K. , , Capital inccn+e gain nni (irons Part ]V, l N 8 Net short-term capital gain... , ..... U T' 14 9 Income modifications_.:...... E �= ®� -�-� T 0 a Grosssol lett allowances b.LaS3: CiaE of .. goods Wd C GrO43 prohtl(loss) (sit 5d), . , . - ........ _ . M 11 Other income (altaCh schedule) ..... 5 SEE STATEMENT I 13,684. 5,317, 8 357. 12 ata dd ines 1 rogti l- e Other prof kus (attah sch)........... 37 462 nl)mpal atlon or 4locerg, dFrftVrs, t mLfts, at,7 14 Other employee saiaries and wages. 15 Pension plans, employee benefits, .. , A 16 a Legal fees (at',aeh sc herIUA) ............. . M b Accounling fees (attmh sch) . , SEE. ST.. 2 5 1 it e Other prof kus (attah sch)........... D PS 1 17 lnterest.. ...........:......:.......... R R 18 s�s4,~�cnuWftx.mo.iat9a) ..SFE;.STK, 3 .......... 654, 107. 25. A 'r A 19 Depreciation (atta(;h - - - - r sch) and depletiori ...... . ...... . :'7 N y 20 Occupancy. 21 Travel, conferences, and meetings... A N E 22 Printing and publications.,........,. q00 40 p 23 Other expenses (attach schedule) N SEE STATEMENT 4 $ 953. 5,493. 2,860. Lr 24 Total operating and administrative expenses, Add lines 13 through 23. s , 25 h26 9 007. 51600 3,785, 446 T 30 445 Total expenses and disbursements.30 Add lines 24 and 25 ..... . . ... . ... . 40 353 5,600. 3, 785 30 446. u tract line 26 frun inG a Excess of revenue over expenses and disbursements . . .............. b Net investment incame (if nego five, enter -t}) . , , = �^" �" 4 fi 10 D Ad orated not incame Cf negafi„o, anter •f3) BAA Fnr Paperwork Reduction Act Notice, see instructions: TECAMM 1�23p2 Form 99t].PP 1at11 a� Farm 990 -PF (2t)12) COSTA MESA HIGH SCHOOL FOUNDATION 14-1896447 Paget _ j"-..F Afl hpci schen.. es; and mr ounts In Iha des�dptian 5 L Balance Sheets caluron shouFd be fpr end.Qf-year amouilta only, Beginning 0 year ri 9f yoar ts� instruc#pns.] (a) Book Value (b) Book Value (c) Fair Market Value 1 Cash — non-interest-bearing ............................ ... 31,136. 20 692. 20, 692. 2 Savings and temporary cash investments ........... . ...... . 3 Accounts receivable. , ........ _ _ -, m = Less: allowance for doubtful accounts P— --_...........,._—_- 4 Pled es receivable . ... . ............ F 9 —_--_.--- - Less: alidwanca for doubtful accounts . 5 Grants receivable., ......•., .,,,...._ — — — — — — — b Receivables due from �;fftcers, directors, trustees, and other disqualiffed persons (attach schc-dule) (see ir€strurtions) ...... . .. . ..... . 7 Other notes and loans receivable (attach sch) , . • - m. — S Less: alloweince for doubtful accounts s 8 Inventories for sale or use ...... ......... ............... T 9 Prepaid expenses and deferred charges, ......... 5 70a Investments -- U.S, and state government cbiiidation& (attach schedWa.).,<............................. b Investments -- corporate stack (attach schedule) . ... . . . ......... . . . . . C Imestmenis — corporate bolds (attach schedule) ...... , . , ........... . 11 Investments • land, buildings, and equipment: basis....... } ���ON E • ............ ---------- :� Lem accumulated depreciation (attach .......... ........... � 12Investments — mortgage loans, . ........ . ................. . 13 Investments — other (attach schedule) ....... ...... . ....... 937, 423. 98fl, 264.1 980, 254. 14 Land, buildings., and equipment; ba;,is►� — �p _ _ mm — W Less: accumulated depreciation (ailach sc(edule) ... . . . .... . ... . . . . " , 15 Other assets describe 1, 76 Total assets (to he cpmpte0-15y "'— u----- see the instructions. Also, see page 1, item f).. 968, 559. 1 00_©, 956. 11-0001956. L 17 Accounts payable and accrued expenses.... , . , , .. .. . ., . _ A 78 Grants payable ..................... :..........., ,........752 17,316. � - 12, 19 deferred revenua ..................................... ... _. _. ®� x 20 LnarkS from affcnrs, dirac;org,krusiees, & cher disqualifi8d persons ... t 21 Mortgages and other rotes pay nbie (attach schedule) ......... . T f 22 ether liaiaifitics(descrihe� 1 _.- ,��•�... . S 23 Total liabilities (add fines 17 through 22) . . .. . .......... . . 17 316. 121762. W_ Foundations that follow SFAS 117, check here , , fines 24 andlines and complete through 26 30 and 37, N F 24 Unrestricted ................................... ........ T N 2S Temporarily restricted ........................ . ... . . ... . m Ra 26 Permanently restricted , ... , . ..................:m 1 AE3Foundations thAt do not follow SFAS 117 check herd . ,. X and complete lines 27 through 31. _ S A E t T p 27 Capitalstock,trust primcipai, or current funds.... , , , . ... �WOK - 952 2 3, 988 194. rM ` 5 N 29 Reid -in or ffnihl tucpulnuor lantl building, armeut or N funds .. oth ;.; M R S 3t1 Total not assets or fund balances see instructions .. , ...... ( 1 951, 243. 9$$ 194 31 Total liabilities and net assetslfund balances (see lnstructions� ....... . .... . ... . ........... isis of Changes to et Assets or un a ancon 1 Total net assets or fund balances at hcginning of year — Part 11, column (a), line 3€7 (must agree with end •of•year figure reported on prior year's return) .. . ............. . ............................... . . . ..::. 1 951,243. 2 Enter anlctlnt frorno Part 1, lira 27a... ...... . .. . .................. . ........................ . . . .: , , .... 2 8 451. 3 Other increases not included in lire 2 (itemize), . , .... ` SEE _5T_A_T_ENENT 5 3 28 500, . 4 Add lines 1,2,and ,3,. .......... ........... .................�........_.... — — _ .�.......�. _ < 4 9$$,194.. 5 becreases not included i.n tlne 2 Otemize). , , ..... , . 6 Total net assets or fund balances at end of year (line 4minus line 5) — Part lt, column—(b}, line 3Q. ^, 6 988194 BABA TEFAC302L IP &U2 Form 990 --PF (2012) Form 990•PF (2012) COSTA MESA HlGti SCHOOL FOUNDATION 14-1896447 Fate 3 ar€1 uapltat atns and Losses ivf rax on Investment income (a) twist and desorfbe tha knd(s) of property sold (e.g., real estate, t ac�yfred c ui seg��ed rrxfr r Ee 2 -story brick warehouse, or common stock, 200 shares MLC Company) ra — Purct�se {mcnu,, day, yew) (manm, day. r) .... Q Qoretlnn d SEE STATEMENT 6 b i d e (8) Gross sates price (f) Depreciation allowed{9] (or aflowaUle} Cost or ether basis th)) Gain or (loss) pius expense of sale (e) ndus (f) minus fol a b c d e Complete only for assets showing gain In column (h) and owned by tha foundation on 12131169 (i) Gains (Column (h) (i) air Market Value 0) Adjusted basis (k) Excess of oolurrin (i) g1in minus ealumn (k), tltrt not less as of T 2131169 as of 12`131169 over column 0), ff any than _0-) or t„masea (from cafumn (h)) a -T b E ........... .,,v.,,,,m. B 2 Capital gain net incorna or (net capital foss),if gain, also enter fn Part 1, fine 7 `[if Goss), enter ;0- in Part I, line 7 2 5,612. 3 Not short-term capital gain or (lass) as defined In sections 1222(5) and (6): It in, also enter in Part 1, line 3, column (c) (see instructions). if (loss), enter -0 to art I, fine 3 - 1 3 _ ? ... iii € codon UndeIr Section or Reduced Ta -757n Net Investment Jh6ome .......... . 19 ^ (For optional use by domestic private foundations subject t4 the section 4940(a) tax on net investment income.) if section 4940(d)(2) applies, leave this part blank. Was the foundation liable for the section 4942 'tax ort the distributabie amount of any year In the base period? .......... 'Yes,' � Yes MV No If the foundation does not quafify under section 4940(0). Do not co mptete this part. 1 Enter the appropriate amount in each column for each year; see the instructions before making any entries. a ) Base period years Adjusted qualff�bng distributions Net vacfue of Calendar year (gr tax year Distdbuttlan ratio n,n,haritatvle-use assets beginning in) (column (b) divided by column (c)) 21311 41, 323. 969 969. 01.042602 2010 T 11.2,795.1 980, 529. 0.115035 2009 62,278. 925, 612. O,Q67283 2008 44,913. 980 311. 0.045815 2007 48,452. 1,057.,.821. 0.045804 2 Total of fine 1, column(d)........... ..:................. ............ ............................ 2 0.316539 3 Average distribution ratio for the 5 -year base period -- divide the total an line 2 by 5, or by the number of years the foundation has been in existence if less than 5 years ... :. . ...... . .:............ 3 0.063303 4 Enter the net value of rlcncharitable-use assets for 2012 from Part X, line FL, ................ . ..:. .. 4 982, 685. 5 htuttlpiy tine 4 by fine 3 ......................... . .. . . ..... . .............................. . ... 562 .224 . 6 Enter 1 % of net investment income (1% of Part[, line 27b) ............. . ... „ : , .. , .... , , ..... , .. r .. , 6 344. 7 Add lines 5 and 6 ............ ..:............... ............................................. 7 6Z 568. 8 Enter qualifyingdistributionsfrom Part Xil, line 4 ...... ............... ......•,........... ..--,.. 8 30,446. If fine 8 is equal to or greater than line 7, check the box !n hart VI, line Tb, and complate that part using a 1 % tax rate. See the Part VI instructions. SAA Form 990 -PF 2012) TEEAMI- IZr,&12 Form 990 -PF (2012) COSTA MESA HIGH SCHOOL FOUNDATION 14-1 Ze TZ . dS@ Ott Clvestm fit P1CC71Tie (Section 4940(a), 4940(b), 490(e), or, 4M — Sag 11 I a Exempt operating foundations described in section 4X(dX2), check here._. .. , '-Li and erten `IVA' on line 1. Date of ruling or determimhon letter._ WSW _ _ (attach copy of fetter If necessary — see Instrs) the b Domestic foundations that meet section_ _ 4940(e) requirements in Part V, check here, . D and enter I% of Part I, line 27b .... . , , . , ,, , ,, , , e Alf other domestic Foundations enter 2% of line 276, Exnrnpt foreign organizat€Ons enter 4% of Part 1, Iine 1.2, column (b) .... 2 Tax under section 511 (domestic Section 4947(a}(i) trusts and taxable foundntions vn.(y. Others enter •D-) .. . . .... . ........ . .... . ......... . .. . . .. . 3 Add lines 1 and 2__ 4 Subtitle A (income) tax (domestic section 4947(x)(1) trusts and taxable foundations only. Others enter •0-), , 5 Tax based on investment Income. Subtract line 4 from line 3.. If aero or less, enter -D- . . . . . ........ . . 6 Credits/Payments: rw a 2072 estimated tax pmts and 2011 overpayment credited to 2M. . .... . . . . . . . . . . .. . . . ...... Fr a b Exemp.tforoign organizations — tax withheld at source. .................. S h c Tax paid wRh application for extension of time to file(Form 8868 d Backup withholding erroneously withheld 7 Total credits and payments. Add lines 6a through 6d. , , . . . . ......... ... . ... . 8 Enter any penalty for underpayment of estimated tax. Check here � If Form 2220 is 2it2rhed-...... , E 9 Tax du a. If the totaf of lines 5 and 8 is more than Iine 7, enter amount owed., .. , , , , . 70 Overpayment, if boa 7 is more than ftte 6otal of lines 5 and a ontet file amau[d.overpafd. .. ... .... . . . .:.. . ...:... 1C 11 Enter the amount of Ilea 10 to be; Crecfifad to 1013 estimated kax ..... _ .. 1, Refunded....... 11 1 a During the tax year, did the foundation attempt to Wfuence any nationai, state, or local le.gislatien or did it partic pate or intervene in any political campaign? . . ... . . .. . . . .. . . . . . . . ..... ....... . 47 ( $ )� y ( her directly or indirectly) for political purposes h (seethefor deft during year cit .. ....... . .. ....... ........ X It the ans war is 'Yes' to Is or 1b, attach'a di?bifed descdplion Of the activities and copies of uny materials published or distributed by the foundetinrr In cannectt`orr svia`h the activities, c Did the foundation file Form 1120-POL for this year? . . .. . . . ... . . .........: . ........ . .. c Q Enter the amount (if any) of tax on political expenditures (section 4955) imposed during the year, (7) On the foundation..... . $ 0. (2) On foundation managers. , .. , . ►$ 0 e Enter the reimbursement (if any) par y e awn a ion wring the year for pcli#icat expenditure tax impose nri foundation managers ...... ' $ 0 2 Has the foundation engaged in any activities that have not previously been reported to the IR37.... . ... . ... . . . . . .... It Yes,'attach adetailed description of the activities, 3 Has the foundation made any changes, nut.previously reported to Te IRS, in its governing instrument, articles of incorporation, or bylaws, or other similar instruments? If 'Yes,' attach a confiarmed copy of the changes. 4a did the foundation have unrelated business gross income of $1,074 or more. during the year?,., b If 'Yes,' has it filed a tax return on Form 994-7 for this year? ....... . . . . . ...: > ............. 5 Was there a liquidatfon, tertnir+atlan, dissolution, or substantial contraction during the year? ...: . . . ... . .. . . . .... ,., . : 1f Yos,' arttach the statement required by General Instruction T. 6 Are the requlrements. of section 508(e) (relating to sections 4941 through 4945) satisfied either: • By language in the governing Instrument, or *By. state legislation that effectively amends the governing inslrumerit so that no mandatary directions that conflict wih the state law remaln in the governing Instrument?. - . ... ........ ..... . . . ...... . . 7 Did ftte foundation have at least $S,GCi7 in assets at any time during the year? Pf'1 as 'complete Part fl, evlurnn (c), andpAct Xy, , ... , ' , 8 a Enter the slates to which the foundation reports or with which it is registered (see instructions), CA b If the answer is 'Yes' to line 7, has the foundation furnished a copy of Form 990 -PF to the Attorney General (or dosignale) of each state as required by Gomenol instructian V if Na,'attach explaoatioq. , .. , .. . 9 Is the foundation claiming status as a private operating foundation within the mean Eng of section 49420)(3) at 49420 (5) for calendar year 2012 or the taxable year bogfoning in 2012 (see instructions for Part XIV)? If 'Yes,' conjpt, Part XIV, 10 Did any persons become substantial contributors during the tax yenr7 If'Yes, I attach a schedule listing their names and addresses . BAA 7EEAQ304L 1207112 X X R 10 }{ n 990 -PF (2412) 8. Form 990 -PF (2012) COSTA MESA NIGH SCHOOL FOUNDATION 14-189.6447 Page 5 e_ments egar .nR ACTIVItles oonty7ued 11 At any time during the year, did the foundation, directly or indirectly, own a controlled entity within the meaning of section 512(b)(13)? If 'Yes', Attach schedule (see instructions), . , ... _ . . 12 Did the foundation make a distribution to a donor advised fund over which the fo�ndatign or a disqualified person had advisory privileges? if 'Yes,' attach statement (see instructions] . , , 12 13 Did the foundation comply with the public inspection requirements ftsr its annus[ returns and exemption application?, , , , 13{ -. Website address..... , ■ WWW, CMHSF0UNDATION COM! 14 The books are in care of h CANDACE RICE _ I _ mm —Telephone __ _ _ _ _ _ ► _ _ _ _ — _ — _ — ` _ — — Located at _ � ___ ZIP +4 92626 ► __ _ f" in l€eu_ of Form 11741 Check here. , , , ....---._�..Nf 15 Section 4947(x)(1) nonexempt charitable trusts filing Form 990-P and enter the amount of tax-exempt interest received or accrued during the year., .~ 16 At ary time dunng calendarear 2012, did the fourrdatt r have aninterest in or a Si other authority over a attire or oth 15 Yes bark, saaurities or other financial account In a forei n coun .. N See the instructions for exceptions and filing reGuiranlents for Form Tp F 90-22.11 If 'Yws,' enter the name of the fCSftC7 Y1 f`Ai rn{'7Lf ►Ma File Form 4720 If any €tem is checked in the'Yes' column, unless an exception applies, - Yes a During the year did tho foundationg either directly idir"tl Y y)= Engage r - (7) Property In the sale or exchange, or leash ofw€th a disqualified person? ... .. .. . .... . QYes ®No (2) Borrow money from, tend money to, or otherwise extend Credit to (or accept it from) a disqualified person?. . ..... . . . . .... . . . . . . . ... Yes (3) Furnish goods, services, ar facilities to (or accept than from) a disqualified person? .... , , Yes X No No ' ' (4) Fay compensation to, or pay or reimburse the expenses of, a disqualified person? . , , . , Yes X No (5) Transfer any income or assets to a disqualified person (or make any of either avaifable for the .benefit or use of a disq.ualif€ed person) . . ......... ..... . Yes ...... ......... ............,, ® No nom: (6) Agree to :pay money or property to agovernmentofficial? Xxcepfion. Chock 'No' if the foundation agrQed to make a grant to ort employ tare a#ficial fcr a period after termor_ anon of governniorit service, if terminatio within 9Q days.).. g y )..._........<.._...... n El Yes Li .. b If any answer is 'Yes' to 7a(1)-(6), did any of the acts fail to qualify under the exceptions described in Regulations secbon 53.4941(d)-3 or in a current notice re.gaed'ing disaster assistance (see instructions)?...: .' Organizations relying on a current notice regarding disaster assistance check here.. ...... . . .. . . . . . . . . . . )-j m c Did the foundation engage in a prior year in any of the acts described in la, other than excepted acts, that were not corrected before the first day the tax of year beginning in 2012?... . ... , , _ 1 2 Taxes on failure to distribute income (section 4942) (does not apply for years the foundation was a private operating foundation defined in section 49420)(3) or 49420)(5)): - " a At be end of tax year 2012, did the foundation have any undistributed income (lines 6d and 0e, Part Xlfl) for tax year(s) beginning before 2012.3 :. . ... . .... . .. . Yes :. �° _ ............... If 'Yes,' list the years 20 20 20 , 20 X No , e .-. b Are there any years listed in ?_a for which the foundation is not applying the provisions of section 4942(a)(2) (relating to Incorrect valuation of assets) to the year's undistributed income? (if applying vection 4942(a)(2) to ail .years listed, answer `NQ' and attach statement - see instructions.} =� .. . . . . . . .. . . . . . .. . . .. c if the provisions of section 4942(a)(2) are being applied to any of the years listed in 2a, list the years here, 2 b N A 20 20 20 20 3a Did the fnundati°n hold more than a 2°r6 direct or indirect Interest in any business enterprise at any time during the r �- yearZ ............. , ..:.. , , .... , , „ . . . . . ............ ., .... , . Yes El n No h if 'Yes,' diol it have excess business holdings In 2012 as a result of (1) any purchase by the foundation or disqualified persons after May 26, 1969; the lapse of the 5_year period (or loncger period approved by the Cortlmi$siOrl�t under section A943(c)( ) to drsppso of hot iligs acquired by bequest; � gift or or the lapse of the IC,, 15-, or 20 -year first phase holding period? (Use Schedule C, Form 4720, to deterrnine it the foundation haexcess businessjeopardize .. 4 a Did the foundation invest duringthe year an amount in a manner that would its charitablepurposes ...... ..................................... ............. ......... ........................... 4 a X h Did the foundation make any investment in a prior year (but after December 31, 1959) that could jeopardize its charitable pun ose that had not been removed from jeopardy before the first day of th a tax year beginn€ng in 0127, , 4b X 7EFA030r:L 12107112 No X Form 990 -PF (2012) COSTA MESA HIGH —1895447 Pace 6 a E xlr�rlss J"9aru1n9 Activities far YVfilcri E4rltt 4720 May Fie equ-Ire 5a During the year did the foundation pay or incur any arniunt to: cin#r, sue (1) Carry on propaganda, or otherwise attempt to influence legislation {section 4945(e))?...., ......Yes � No (2) influence the outcome of any specific public election (see section 4955); or to carry on, directly or indirectly, any voter registration drive?_ .. . . .. . . . ... . . . , . , , ... (3) Provide a grant to an indiyidua# for travel, . n Yes1140 No study, Or Other similar purposes? .. . . . .. . ..... . . . ... IL`}t Yos (4) Provide a grant to an organization other than a charitable, etc, organization described in section X09{a)(t) (a), or (3), or section 4W(d)(2)? (see Instructions)' ` Yes ® No (5) Provide for any purpose other than religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals? ......... . .... . . . . . � No ❑ ENO b It any answer is 'Yes` to 5a(1)•(a') did any of the transactions fail to qualif udder the exceptions described In Regulations section 5r3.4945 or in a current notice regarding disaster assistance (see instructions)? ..............................:.... Ofganizatians relying on a current notice regarding disaster assistance check here. . ........... c If the answer is 'Yes' to question 5a(4), does the foundation claim exemption from the tax because it maintained expenditure responsibility for the grant?: , , .. , , , . N/A. 'Yes,' '[]yes [] No It attach the sta#enaer7f r 4utred fly Regutatrons section 53.4945.5(d). 6 a Did the foundation, during the ear, receive any funds, directly or indirectly, to pay premiums of a personal benefit , . £,R y'prerkt�ums, directly or indirectly, during b bid the taundaEion, durin €17e year, a on a personal benefit contract". yes ®No If 'Yes' to 5b, rile Form $870. 7 a At any time during the tax year, was the foundation a party to n prohibited tax shelter transaction?El 'Yes,' Yes No No b if did the foundation receive any proceerts or have any net income attributable to the transaction?,..:..:.. and Contractars t List all officers, directors, trustees, foundation managers and their compensation (see in (b)Titie, and averagFlofnnte�rtr cn (a) Name and address hours pper week, devoted' to positionF%P,IV A%H 1iH__�._�._________PRESIDENT10,00 CANDACE RICE ��.H..__.�r__ TREASiJREFt4. 10.00 DEBORAH WAN13AUGH _ — _ _ _ T _ FINANCIAL SE C _ 10,00 ------------------------ ------------------------ 2 Compensation of five highest-paid employees (other than these Included online 1 — see Instruc (a) Name and address of each employee (b)Title, and average (c) Compensation paid more than $50,000 hourser week devoted to position X *Contributions to (e) Expense account, employee benefit other allowances plans and deferred . It none,_enter'NONE.' d)C©ntributtons Est ernpioyee benefit plans and deferred 0. III (B) Expense account,. Ott allowances number of other employees paid over $50,00(1 , -.r... ._._._.. _. _..._P s..� 0 Form 890 -PF (2-012) COSTAMESA HIGH SCHOOL, FOUNDATION 14-1896447 Page 7 rt ;,. ormatiort About Officers, trectors, rustees, oun a#ionana ers and Contractors (continued), t i 9 Y al mp oyees, 3 Fiv@ highest -Paid independent contractors for professional services (see instructions). if none, enter'NONE.' (a) I+larne and address of each parson paid more than $50,000 (b) Type of service (c}Oorl7pensatian NOS ---------------------------------------- ------------------------------------- ------------------------------------- Total number of others receiving over $50,000 for professional services. , .....: , Summary of Direct Charitable Activities List the fonrdatinn`s four lar�est direct cii0rltabfe aciivitfas during the lax year. In We reievant statistical infoonabun such as the nsmber of Exp�nSeS ofganizaticns ark 0110( b6116 iciaries served, conferon€es convened, research papers produced, etc, 2 ---------------------------------------------------- -------------------------------------------------------3 ----------------------------------------------------- a ------------------------------------------------------- m � a Summary of Program -Related investments (see instructions) Describe the two farfjost program -related investrmmn s made. by the foundation during the tax year ori lures 1 and 2 IN/A _--_--.-----..,_ _-.W... ----,..,.,_----___.......____ __ __..............- ------------------------------------------- 2 ------------------------------------------------------- ------------------------------------------------------- AA atMr psrocgrarrwefated Investments. See instructions. 3 ------------------------------------------------------ Total. Add fines l through 3 ............................... ---------- n im IrEM307L 17122112 Form WO -FF (2012) 0 Form 990 PF (2012) COSTA MESA HIGH SCECOL FOUNDATION 14-IB96447 Page 8 -;8rt int Mumnvestment Return omestic founuations MUst Complete this part. orelgn founUatjons, see instructions.) Fair marke. t value of assets not used (or held for use) directly in carrying out charitable, etc, purposes: a Average monthly Fair market value of secur€ties.. . ...... . . . .. . b Average of monthly cash balances .............. C . Fair market value of ail other assets (see inrua stttons) r ....... . . . . . . .. . . . .. . d Total (add lines 1a, b, and c) ............................................... e Reduction claimed for blockage or over factors reported on lines 1a and lc 2 Acquisition Indebtedness applicable to line 1 assets . . .... . ............. . .... +-� (attach detailed explanation),,,,,,,,,,,,, 3 Subtract tine 2 from Rine ld. 4 Cash deemed held for charitable activities. Enter 1-1/2% of line 3 (for greater amount, see insfructlons)......... . . . ...... . 5 Flet value of noncharitable-use assets. Subtract line 4 from line 3. Enter here and on Part V, line A ........ 6 MininIur>n investrraent return. Enter 5% of line 6" hart: _ lstrl uta a mount (see instruc tuns) ( eCtion 7R'274(3 and.(j)() private opera and certain foreign organizations check here 0- and do not complete th.is part.) 1 Minimum investment return from Part X, line 6 , ...... , , 2a Tax on Investment income for 2012 from Part V!, line,5 .. . . ................ . 2 a 688. b Income tax for 2412.. (Ibis does not include the tax from Part Vi,) 2 b c Add lines 2a and 2b_ .......... ........ 3 Distributable amount before adjustments. Subtract tine 2c from line 1 ....... ... . 4 Recoveries of nmounts treated as qualifying distributions... 5 Add If 3 and 4. , .... , 6 deduction from distributable amount (see instructions)....... , , . . .. ...... . . . 7 Distributable amount as adjusted. Subtract fine 6 from line 5, Enter here and on Fart Xitl. fine 1 � Qualifying Distributions (see instructions) I Amounts paid (Including administrative expenses) to accomplish charitable, etc, purposes: a Expanses, cantrfbutions, gifts, etc _ total from Part 1, column (d), Ir`ne 26 .... , .... , , b Program related invcstments — total from Part IX -rd . .... -. , 2 Amounts paid to acquire assets used (or held for use) directly in carrying out Charitable, etc, purposes. , ... 3 Amounts set aside forspecific charitable projects that satisfy the-. a Suitability test (prior IRS approval required) .... . . . . . . . . . ..... . . . . . b Cash distribution test (attach the required schedule) ... . ....... .............. . 4 Qualifying distributions. Add lines 1 a through 3b. Enter here and on Fart V, line 8, and Part Xlp, line 4. 5 Foundations that qualify under section 4940(e) for the reduced rate of tax on net investment income. Enter I% of Part I, tine 27b (see Instructjons� ....... . ............ . .. . . ..... . ............ . .....:....... . 6 AcRusted qualifying distributions. Subtract lino 5 from line 4... ... . . . ... . .. . Note. The amount on fire 6 will be us qualifies for the section 49401 BAA in part V, column (b), in subsequent years when caiculaling whether the foundaticn reduction of taxfn chose years. TEEA03CZL 12.22/12 970,843 997,853 0. 997,8.53. 14,968, 982,.885. 99, 744. 49,144. 6$8. 48,456. 48,456, 48.456. 30 4;46'. 30,446. Farm 990 -PF (2012) For 990 -PF (2012) COSTA MESA HIGH SCHOOL FOUNDATION 14-1896447 Page 9 ,aEtT ��_. Undistributed Income (see instructions) (a) Corpus Years pion to 2011 2017 2012 1 Distributable amount for 2012 from Part XI `° fine7 ............................... j 46,456. Undistributed income, Bf any, as of tile eE3 , . a Enter amount far it a 3 only. , - d of 2012: a Ent W � � ; : ��� � � � �� Totafor � ��- � . � Q nor ears p Y : 20 '20 , 20 3 Ergs distributions car"Or, if t0 2012: . any, a from 2007 , .... _ . . _ �.,...�� �-�.. _�. • _ .�._ � --" .� ,� -. b From 2008.. ..... , _ . �� a . r c From 2004...... ��.:NE d From 2010 . . , , -• 2Q 469. e From 2Dt 1 - ,f line 7a. Taorahle swunt -see If Total of lines 3a through e ...... 2Q, 969 4 Quaiify€ng distributions for 2012 from Fart Xfl, line 4: 3Q 495. - = e aApp€led to 2011, but not more than fine 2a. � � ��•��m „� � _ aA b y A plied to undistributed income of prior ears R r lecfion required in�fructians) -see 0. c Treated as distributions out of corpus" (Electienrequired --see irsstrucfionS) ... �a z - Applied to 2U72 distributable amount.... , . , . -�- e Remaining amount distributed out of corpus. ( 30,446.. �?�CLs.S (i1StFlbil{IOnS carrfa4ar applied t0 20i 2....:. . (ft an arMunt appears In column (di, the � � f „,;=n..�°.:"`^�a�'>_y,,,',e -gym � _ 1. ��. � � - 8 0 � same amount must be shorn in Column (a).) �•.=�-q--�® •; _ - -� -.ate. " 6 Enter the net total of each column as indicated below. it Corpus. Add fines 3f,. 4c, and 4@, 8ebtrad iine 5. , , . , , . `° bPrioryyears' undistri$uted income. Subtract line Z iram line 2b ....................... .- �;� :gym•-� ���:M,.� . c Enter the amQurit of prior gears' undistribut- ed income for which a notice of deficiency '® has been issued anon wNch thc. section 4942(a) tax has beenprey°ousiy assessed- es . d Subtract tine %c from line 6b. Ta.xabfta amount - see instructions e undistributed i=me for 2011. Suttract iine ,la from m line 7a. Taorahle swunt -see f Undistributed income for 2012. Subtract fines add ands trorn line 1. This amount must be ��rr distributed In 201... •. __, - 7 Amour* Treated as diremo harts ut corpus to satisfy re uiremonts imposed by section 170(b)(i)(F) or 4942(8)(3) (see instiuctions) ......... ............ - .. 8 Excess d'stributforis carrycver from 2007 not— applied an line 5 or line 7 Cane instructions).. 9 Excass distributions cavi-yover to 2013, Subtract lines 7 and 9 from line 6a ...... , .. 2, 954 70 Analysis of line 9: a Excess from 2008.... b Excess from 2445, ... �� � � M -; �- . � ... •� m =-- �==..-• i ..��," c Excess from 2010,.... 2 959 dExcess from 21711. .... �- � � � � g ` e Excess from 2012 . SAA Form 990 -PF (2012) TEEAD309L 12123112 Form 994•PF (2012) COSTA MESA HIGH SCHOOL FOUNDATION 14-1896447 €:artPrivate OperaUng . attn a#tans see fns ruc lens an art questtan 1 a if the foundation has received a ruling or determination tetter that it is a private operatingfoundation, and the ruling is effective for 2012, enter the date of the ruling........ . b ChecR box to indicate whether the undatfon is a private operati fong foundation described in section 49420)(3) or 2 a Enter the lasser of the adjusted net Tax year Prior 3 years income from Part I or the minimum 2012 investment return from Fort X for (a) (b) 2011 (c) 2010 (d) 2W9 eachyear listed ....................... h 5% of fine 2a. .., . ...... __ ........ c Qualifying distributions from Part Xtf, line 4 for each year fisted d Atmunts included it line & not used directly for active conduct of exempt activs`ties . , .... , ... e Qualifying distributions made directly for active conduct of exempt aoilvitles, Subtract fine 2d from line 2a , .......... 3 Complete 31, b, or c for the alternative test relied upon: a 'Asset' alternative test — enter,* (1) Vaiue of all assets .... , .. ; (2) Value of assets quahry.Ing tinder section 4942(j)(3)(H)(t) ... , b'Wownt W alternative test enter 2/3 of minim= investment return shown in Part X, line ii for each year fisted.. c 'Support' alternative test -- enter. (1) Total support other than gross fnvestrnertt income (interest, dividends, rents, payments on securities loans section 512(a)(5)) or royalties). F , ..., ..... , . (P) Svppcd from generalppublic and 5 or more.exempf ortganizattons as provided in section 494Z(1)(3XBXI) . , , . , , ... (3) Largest amount of support from an exempt oroanization . , ..... , ... (4) Grass investment. income..... rt tPuppr+timemary Information (Complete this part Dnly 1 the faundatian had $5,000 or more in assets at any time during the year — see instructions.) 1 Infomatlon Regarding Foundation Managem- a list any managers Of the foundation who have cor:trihuted more than 2% of the total contributions received by the foundation before the close of any tax year (bQt anly if they have contributed more then $5,400). (See section 507(d)(2).) NONE t.ist any managers of the foundationwho onn i 0�0 or more oft e StiaCk of a corporation (or an equatfy large portion of the ownership of a partnership or other entity) of which the foundation has c 10% or greater interest, NONE 1 Intoematfon Regai Check here b" requests for funds. campiete items 2a a The name, address, Total ling I-onznqutron, urant, lith, Moan, 5etlolarship,etc, Programs: - if the foundation only snakes contributions to preselected charitable organs`.zatiaRs and does not accept unsolicited If the foundation makes gifts, grants, etc (see Instructions) to individuals or organizations under other conddtions, b,. c, and .d. or e-mail or the person to whom applica#ions should be 4 The form fn whitfl apfaflcaklons Should be sulamitted and infer nation and materials they should include: Submission deadlines: d Any restrictions or limitations on awards, such as by geographical areas, charitable fields, kinds of institutions, or other factors: bAA TcEA0316L =2112 Form 990 -PF (2012) 10 Form 990-PF(2012) COSTA MESA HIGH SCHOOL FOUNDATION I9 -18964E Form 990 -PF (2012) COSTA MESA HIGH SCHOOL FOUNDATION 14-1896447 Page 12 Analysis of Income -Producing Activities Enter gross amounts unless otherwise ind{cated. business Income Excluded byseetion 512, b13, or 514 {c) (d) (e) Related or exempt rUnreiated (b) Amount Exciu- Amount fursctiorl income T Program service revenus: code (See Instructions,) a b t ' d e f g Fees and contracts from government agencies 2 Membership dues and assessments, ... , ...... 4� . .......... 3 Interest on savings and temporary cash irv%tment3 , ... 4 Dividends and Interest from securities ..... , .... S 81 5 Net ramal income or loss from real estate: M _= ..._ �� a Debt-finariced prop.. , . . ,, p Rerht.., _ .....,.., d Not debt-financed property, ..... , .. ............ . B Net rental incom or (loss) from personal pmpertyc 7 Other Investment income, o .. . . ...... . .... . .... 5 317 . a Gain or (loss) from safes of asses other ftn inventory, . , . - 5,544, 9 Net income or (Iris) from special events... , ..:. 8 367.1 10 Gross profit or (icss) from sales of inventory .... 11 Other revenue: Ea... a h t d a 12 Subtotal, Add columns (b), (d), and (a) ........ 8, 3 7. 40 437. 13 Total. Add line 12, columns (b), (d), and (e)....... .-.,.................................................. 13 48,804. (See worksneet in line 13 instructions to verify calculations.) Relationship of Activities to the Accomplishment of Exempt Purposes Form 990•PF 0412) COSTAMESA HIGH SCHOOL FOUNDATION . 14-1.$96447 Page 13 n ortnat or egar ing Transfers ere o and I ransact ons and RelationsfripsWthone arita e txernpt Organizations 1 bid the organization directly or indirectly engage In any of the €allowing with any other organization described In section 501(c) of the Cade (other ihan section 501(e)(3) w` vas No , organizations) or in section 52'7, relating to political organizations? w a. Transfers from the reporting foundatfan to a noncharita6le exempt organization of; n) Cash— .... ....... . ( Other assets.— .................'..........,..................,........,.....,.........,.......,...... .. 1 a (1) X b Other transactions: ....... ? a O X (1) 5. ales o€ asset, to a noncharitabie exempt organization .............. (2) Pufchases of assets from a ooncharitahle exempt organization ..... , , . , , (3) Rental of facilities, egtApment, or other assets 1 la 2 X . . . . . .. . .... . .. . .... . ...... . ...........::............. (4) Roimbursemmt arrangements ...... . .... . 1 b ( X .... ... ..... . ................... . . . . ... . . . . ......O (5) Loans or loan guarantees. .................................. 1b X ............:.,,.... ..,,...,.,.......,.... (6) Performance of services or membership or fundraising soticitatlors 1 b (5) X .... . ... . .... . . c Sharing of facilities, equipment, mailing lists, other assets, or paid employees. X ..... . ...... : .. 1 o X d If the answer to any of the above is 'Yes,' complete the folJOwing schedule. Column (b) should aiwayys show the fair market the goads, other asseN, or services divan by the reporting foundation, It the fpundvttori recawad less than fair rnarkef value in value of any transaction or sharing arrangement, show in column (d) the value of the goods, other assets, or services received, a) line ria. (b) A=n( invWyed (c) Nacre ofponcftaritoble eompt organization (d) Description of trartsfars, transadfons, and sharing arralagerreltts 'fA 2 a is the foundation directly or indirectly affiliated with, cr related to, one or more tax-exempt. or arizaticns described in section 501.(c) of the Code (other than section 501(c)(3)) or in section 5277............ You F--1 No ......... .... Irl h If 'Yes,' complete the following schedule. _ (a) Name of organrzation (b) Type of organization (el Demr:rintlnn of Plaiin erl in 41nt:er la+tlt�flias ct perjury. tdWjArq that I ham examined this mtwn, fncludrtwrd acror a0nying achcsiules acid stateftk n(, putt to 6110 best or my k¢rawf"age and bailef, it Is Vue, ..., correct, and aom¢31t;te. ii€clerdUon of preprrer (ollweet liven taxpayer} is based on all hNation of which prepwar har, any knowledge. Sign May rllw IRS di.mrss Here r this ra(ur,� Witlf tho. preparer' 0OW11 Etcldw .... ...... (gee I- u6mi a 5fgntlt;lra of eRlcsr arlrustad dg{a Title YeaF1 Ha Nfwrypa preparer's n&rre preparer's signature Qato PiIN Paid LYN SHERIDAN c„a � X .r "tt.amgsayed Preparer Firm's aamu GEORGE R, ANDERSON CPA Flrm'a Etat Use Only Firm%address _ �y Phone na.. BAA Farm — ssaPF (W i) TEF-A0503L 4304!13 Farm 222o oa€eraa tsas.ata2 Underpayment of Estimated Tax by Corporations oen�rEm�erit or the Tr©mury y ' Attach to the corporation's tax retum. 2.012 rnte na€ fte{��ue ery cEE Information about Form 2220 and its separate instructions is at www.lrs.govebrm2220. gmpioycr €danilrteation number COSTA MESA HIGH SCHOOL FOUNDATION14-1896447 Not*: Generafly, the corporation is not required to file Form 2220 {see Part ij below for excep#ions) because 070 Jho MI/ figure any penalty owed and bill the corporation. However, the corpor: tdcn may still use Form Zao to figure the penalty. ifso, enter thounm page 2, lure 38 air the eshirratad tax penalty line amt fro o of the carporatton5 inZme tax rolurn, but do not attach Form 2220, 1 Total tax (see instructions) ........................................ 2a Personal holding company tax (schedule PH (Form 1120), fine 26) included on lire 1 .. ................... b Look -back Interest included.on line 1 under section 460(b)(2) for completed long -terra contracts or section 167(8) for depreciaVon under the income forecast Method. . r ......... ... 2 b c Credit for federal tax paid on fuels (see instructlans)....... . . . ... . . . d Total, Add lines 2a through 2c, _ _ ..... . ........ . . . 3 Subtract tine 2d #rom fine 1, if the result is less than $540, do not complete or fife this form. The corporation does not owe the penalty ................ . ...... . 4 Enter the tax shown on the corporation's 20T 1 income tax return (see instructions), caution: if the tax is avarr;t or the tax year was for less than 12 months, skip this fine arid enter the amournt from fine3 on fine 5............................................................................ 5 Requirect annual payment. Enter the smaller orf line 3 or line 4. If the corporation is required to skip fine 4, enter the amount from fine 3 . .......... . . . 5 5B Ott it _ Reasons for Firing -- Check the boxes below that apply. If any boxe ere checked, the corporation trlust file Forth 2220 even if it does not owe a penalty (see instructions). G 7 S The corporation is using the adjusted seasonal installment method. The corporation is using tale annualized Income installment method,. The corporation is a 'large corporation' figuring its first required installment based on the prior year's tax. Un 9 Installment due dates. Enter in columns (a) through 9 the 15th day of the 4th Poen 994LpF fifers, Use month), Gth, 9th, anci 1,2th months of the corporation's tax year.... . . . ........... ..... . ... . . 9 5 15112 6 15/12 9 15 12 12 15 12 10 Required installments. If the box on fine 6 and/or cine 7 above is checked, enter the amounts from Schedule A, lino 86. If the box on line 8 (taut not 6 or 7) is checked, see instructions for the amounts to enter. If none of these boxes are checked, enter 25% of line 11 5 above in cacti column, ........ . ... . __ ....... , , . Estimated. tax paid dr` credited for each period (see7.713 Instructions), For column (a) only. enter the amount 10 170. 170. 170. from line I T on line 15'. . ....... . . . ......:.... 11 CerrrpfetO 11nes 12thr0ugrh 13 afane column before gofn_q to the next column. 12 FrAar'amaunt, €f.any, from line 19 of the prec,finq cdumn , . , , .... 12 ' 13 14 Add tines 11 and 12 , . .. 13�� 510.. Add amounts on Itnes 16 and 17 of the prKeding column ....... , . 14 170. 340, 15 5+rhtnd line 14 from lire 13, If zero or less, enter 4. . ... . . . ..... i 0 0 15 It amount on ne 15 zero, subtract line 13 from , , 170, . 0 line 14. Otherwse,e ntelser 16 �rv. 170. 0. 17 Underpayment, If line 15 Is less than or equal to line 10, subtract line 75 from line 10. Then go to line 12 of the rtext column. Otherwise, go to tine 18............ 17 170. 18 Overpayment. If line 101s less than line 15, subtract line 10 from line 15, Then gra_ to line 12 of the next column. , 1 Y`:`'�`-»"•-�';? So to pari fv ori page 2 to figure ft -penalty. L10 not go to Part lV if there are no entries on fine i7— no penalty is owed; BAA For Paperwork Reduction Act Notice, seg separate instructions, CPCZ0372L 1218112 Form 2220 (2012) Form 2220 (2012) COSTA MESA HIGH SCHOOL FOUNDATION 14-1896447 Page t ={?iF to== Figuring the Penni 19 Enter the date of payment or the 15th day of the 3rd month after the cfose of the taxyear, whichever is eqo-AFand earlier (see instructions). (Farm fbrm 990-T filers: Use 5th month instead of 3rd month.).... 19 9/1.5/12. 9/15/12 5/I5/I3 20 Number of days from due date of installment on tine 9 to the date shown on fine 19......:........ 20 123 g2 131 27 Number of days on line 20 after 4115!2012 and before 71112012- ... . ... . .. ....:................... 21 46 15 22 on Underpayment ment Number of days ly 7 on line 21 X 3%, , . — —...366 _ 22 0.64 0.21. 23 Number of days on line 20 after 613Q12012 and before IW/2012 ...__ .:...... I , ....... 23 77 77 24 Number of days d`rte an 1y7rnent � on fine 23 x 3%... 366 24 1.07 1,07 25 Number of days on lira 20 after 913012012 and before 1/112013 ....... . ... ..... 25 . ............. 16 Number of days 26 Uiiundine iyment X an fine 25 X 3i'a-.: 366 26 0.22 27 Number of days on line 20 after 12/3112012 and before 411/2013, ...... .. . ..............::. 27 . .. 90 28 Underpayment Number of days on line 17 X on line 27 x 3%1. , 365 28 1.26 29 Number of days on tine 20 after 3/31 RO13 and before 711/2013 . ........ . ..................... 29 ..... 45 30 Underpayment Number of days on fine 17 x on line 29 x 3 *%. 365 30 01.63 31 Number of days on line 2Q aftar 6/3017013 and before 101;1207a, .....:......................... 31 32 dine ayment Number of days on X 7 on line 31 x '�u... 365 32 33 Number of days on fine 20 after 9/3012013 and a before 11112014 . ....... ____ . ............... 33 34 Underpayment Number of days on Eine 17 X on line 33 X °9'o 31,5 34 35 Number of days on brie 20 after In 1/2013 and before7J1612014.............................:...... 35 36 Underpayrnent Number of days on line 17 x ori line 35 X 40% 365 36 37 Add lines 22, 24, 26, 28, 30, 32, 34, and 36 .. , ... , .., 37 .1.71 1.28 Z.11, 38 Penalty. Add columns (a) through (d) of fine 37. Enter the total here and on Form 1120, Ifne 33; or the coMparablel line for other income tax returns ............... . < , ......... , . , , .... , . , ......38 5. "Use the penalty interest rate for each cafPndar quarter, which the IRS will determine during the first rnonth in the preceding quarter. These rates are published quarterly In an lRS News Release and in a revenue 1 -Wing in the Internal Revenue Bulletin. To obtain this information on the Internet, access the IRS website at wwwJrs.f7ov. You can also call t •S.OQ-829.4933 to get interest rate information. CPCZ0312L 12W2 Form 2220 (2012) 2072 STATEMENT 1 FORM 990 -PF, PART I; LINE 11 OTHER INCOME OTHER INVESTMENT INCOME ................. FEDERAL STATEMENTS PAGE 7 COSTA MESA HIGH SCHOOL FOUNDATION 14-1896447 (A) (B) NET (C) REVENUE INVESTMENT ADJUSTED —ZEE MOM —IN -C= I " ............ $ 5,311-8 5 317, TOTAL $ 5 7 5 317.$ STATEMENT 2 FORM 990 -PF, PART 1, LINE 16B ACCOUNTING FEES EXPENSES I3 iQo.K5 I.NVESTb1ENT INCOME ADJUSTED NE's TUC0�� CHARITABLE ACCOUNTIi+G–................................. $ SOD.500. TOTAL �5 - � '.....�.� �a ej S ` s— ---- ..,.-- --------- C) (� $ 0 0 . r STATEMENT STATEMENT 3 FORM 9.90 -PF, PART I, LINE 18 TAXES (A) (B) NET (C) (D) EXPENSES INVESTMENT ADJUSTED CHARITABLE PER „LOOKS __j. NQ0DIE _ .NET INCOME I CJ$P(35ES ATTORNEY GENERAL REGISTRY OF CT.... $ 25. $ 25. FOREIGN TAXES... ... ..........:.......... 107 $ 107. INCOME TAUS,,,. ................ _ 522. TOTAL 654 10 STATEMENT 4 FORM 990 -PF, FART 1, LINE 23 OTHER EXPENSES (A) (B) NET (C) (D) EXPENSES PERI'IaR BO0K5 INVESTMENT TNC.O�__ ADJUSTED SET. CHARITABLE PURP(JSF.S ADVERTISING ................................... BANK SERVICE CHARGE $ 342. _It�C€71�E $ 342. , _ ........ . DUES & SUBSCRIPTIONS ..................... . . ..... . .. 42. 273. 42, 273. NSURANCE....... ....... ..... INSURANCE.... -....... ........... 2, 026. 2, 026. PORTFOLIO FEES ................_.........,.., 5, 493. $ 5,493. POSTAGE & DELIVERY............ ...:.... . .... 14. 14. TELEPHONE ......... ...... . . . .... . .............. 163. 163. TOTAL &,353. $.. .5,493. $__2, 8 6 0. q 2012 FEDERAL STATEMENTS PAGE COSTA MESA HIGH SCHOOL FOUNDATION STATEMENT 5 FORM 990 -PF, PART III, LINE 3 OTHER INCREASES 14-1896447 DISALLOWED AASH SALES_..._. ....... ....... : ... $ 69. NET UNREALIZED GAINS OR LOSSES ON INVESTMENTS _ ......:. :..... . . . ... . ... . . . . 28,431. TOTAL 00. STATEMENT6 FORM 990 -PF, PART IV, LINE 1 CAPITAL GAINS AND LOSSES FOR TAX ON INVESTMENT INCOME (B) HOW (C) DATE (I3) DATE M. AMUIRED acQunr� 5QL�7 1IT 12.388 ARDEN ALTERNATIVE STRATEGIES CLASS I � � PURCHASED 11/27/2012 12/06/2012 2 1.725 CREDIT SUISSE COMMO RTRN STRTGY INSTL SH PURCHASED 12/16/2011 1/12/2012 3 252.324 STRATEGIC ADVISERS SHORT DURATION FUND PURCHASED 1/12/2012 12/06/2012 4 41.685 T ROFATE PRICE SHORT TERM PURCHASED 11/30/2011 11/14/2012 5 52.283 AQR DIVERSIFIED ARBITRAGE CLASS 1 PURCHASED 9/20/2010 12/06/2012. 6 1122.,.577 CREDIT SUIS:SE COMMO RTRN STRTGY' INSTL SH PURCHASED VARIOUS 1/12/2012: 7 51.864 FIDELITY GNMA FUND PURCHASED 3/16/2021 12/06/2012 8 210.996 FIDELITY REAL ESTATE INCOME PURCHASED VARIOUS VARIOUS 9 3,93$ FIDELITY SELECT GOLD PURCHASED 3/26/2009 12/06/2012 7.0 71.7.305 FIDELITY TOTAL BOND PURCHASED 5/15/2005 VARIOUS 11 2823.078 METROPOLITAN WEST LOGY DURATION PURCHASED VARIOUS VARIOUS 12 2374.278 PIMCO SHORT TERM ADMINISTRATIVE SHS PURCHASED VARIOUS VARIOUS 13 1052.353 PIMCQ SHORT TERM ADMINISTRADMINISTRATIVEE SfiS PURCHASED 9/15/2006 VARIOUS 14 563.372 STRATEGIC ADVISERS CORE FUND PURCHASED 6/15/2010 VARIOUS 15 641,158 STRATEGIC ADVISERS CORE INCOME FUND PURCHASED 10/12/2007 12/06/2012 16 13.360 STRATEGIC ADVISERS EMERGING bDUZKXTS PURCHASED 10/26/2010 12/06/20.17 17 670.612 S'T'RATEGIC ADVISERS GROWTH FUND PURCHASED 6/15/2010 VARIOUS 18 1987.462 STRATEGIC ADVISERS INCOME OPPORTUNITIES PURCHASED VARIOUS VARIOUS 19 1848.108 STRATEGIC ADVISERS INTERNATIONAL. FUND PURCHASED VARIOUS VARIOUS 20 241.445 STRATEGIC ADVIERS SMALL -MID CAP FD PURCHASED 7/16/2088 3/07/2012 21 27.709 STRATEGIC ADVIERS US OPPTY FUND PURCHASED 12/22/2008 12/06/2012 22 278.001 STRATEGIC ADVISERS VALUE FUND PURCHASED 3/30/2010 3/07/2012 23 4928.677 T ROWE PRICE SHORT TERM PURCHASED .10/26/2610 VARIOUS 24 386,509 TEMPLETO.N GLOBAL BOND PURCHASED 5/27/2009 3/07/2012 25 WASH SALE (E) (F) (G) (H) {F) (S) (K) (L) GROSS DEPREC. COST GAIN M4 ADJ. BAS. EXCESS GAIN N� SALES .. ALLOWED _BASIS _s LQSSl_..... L31/69 1.2/31/69_ (I,)- (o ss 1 124. 124. 0. ___g& $ 0. 2 14. 13. 1. 7 3 2,551. 2,537. 14. 14. 4 .202. 203. -1. -71 5 584. 583. 1.. 1. 6 9,239. 8,420. 819, 819, 7 612. 600. 12. 12. AGREEMENT GOVERNING USE OF EIDUCATION CONTRIBUTION This Agreement Governing Use of Education CDntribLItiOn (this "Agreement,,) is made and entered into this 20tt-qday of October , 200;, by and between the City of Costa IYiesa} a rnunicipaI corporation (the "City") and the Costa Mesa High School Foundation, a California non-profit public benefit corporation (the "Foundation"). WHEREAS, the City, C.J. Segerstrom & Sons, a California general partnership, Segerstroril Properties LLC, a California limited liability company, and Henry T. Segerstrom Properties LLC, a California limited liability company, entered into a Development Agreement dated December 3, 2001 and recorded March 20, 2002 (the "Development Agreement") (C1 Segerstrom & Sons, Segerstrom Properties LLC and Henry T. Segerstrom Properties LLC shall be collectively referred to as the "Segerstroms"}; and WHEREAS, in consideration for enter-incr the Development Agreement, and as acknowledged in Section 2.1 of the Development Agreement, the City required the Segerstroms to provide the community benefits described in Exhibit F of the Development Agreement; and WHEREAS, pursuant to Section C of Exhibit F to the Development Agreement ("Section C") the Segerstrorns agreed to contribute 52,000 0000 for expanding educational advancement oppo-rtunities and fae1ties in Costa Mesa California (the "Contribution"), and WHEREAS, Section C specifies that 51,000,000 of the Contribution {the "Initial Contribution"} shall go towards Costa Mesa High School programs/facilities; and WHEREAS, pursuant to Section C, the Contribution has been initi City and held in a separate account earmarked ally paid to the for expanding edt�catiniti advancement oppol-Linities and facilities in Costa Mesa; and WHEREAS, pursuant to Section C, the Foundation was duly formed according to the laws of the State of Caiifomia as anon -profit public benefit corporation to accept and manage the Initial Contribution earmarked for Costa Mesa High School; and WNEREAS, the Foundation has adopted or will adopt its Bylaws (the "Bylaws"), attached hereto as Exh_ ibit A; and WHEREAS, the Bylaws contain provisions setting forth how the Initial Contribution may be expended and granting the City the authorization to enforce those provisions in a court of law-, and WHEREAS, Section Foundation provi Foundation as may be necessdes that the City enter into such agreements with the be used for the eary to ensure that the Foundation's share of the Contribution xclusive benefit of Costa Mesa students; and WHEREAS, the City wishes the parties to enter into this Agreement to ensure that the Foundation will use its share of the Contributi contained in thon in accordance with the restrictions L Development Agreement and the Bylaws. NOW, THEREFORE, for and in consideration of the mutual covenants and conditioris contained herein, the parties hereby agree as follows: I• The Foundation covenants to the City that it shall use the Initial Contribution in accordance with the requirements of Section C. In the event a breach of this Agreement results from the use of any money from the the Contribution for any unauthorized purpose, the Foundation shall replace as much as possible such money with funds from other sources available to the Foundation. 2 The Foundation covenants to the City that it will comply with Sections 39(a), 5.5, 5.7, 5.8, 5.11 and 5.12 of the Bylaws, Any riotice of a meeting at which the aforementioned sections of the Bylaws are to be amended, repealed or modified shall include notice of such proposed action. A copy of such notice must be furnished to the City Attorney at Ieast seventy-two (72) hours before the start of such meetirta at the following address: 77 Fair Drive, Costa Mesa, Califomia 92626, any The Foundation shall not spend any portion of the Initial Contribution or income earned on the Initial Contribution i (SSn excess of Five Thousand Dollars 000) without first obtaining a In of the City's Fi checks or drafts drawinnance Director on any g more than Five Thousand Dollars 05,000) from the Initial Contribution or any income earned on the Initial Contribution. Within sixty (60) days of the execution of this Agreement, the Foundation shall create and adopt an policy for all investments of the Initial Contribution or any investment income ead an the Initial Contribuearned tion. Such investment policy shall be subject to the reasonable approval of the City's Finance Director. The City and the Foundation agree and acknowledge that the role of the City's Finance Director with respect to on and approvals under this Section 3, is not discretionary in nature, but instead is simply an administrative safeguard. Accordingly, with respect to requests for co -signature and approvals of the City's Finance Director under this Section 3, the City shall cause its Finance Director to: (i) respond to R11 such requests within five (5) business days, and (ii) approve and/or co-sign all requests that do not violate Sections I and 2 of this Agreement. 4. In the event a breach of this Agreement results from the use of any portion of the rnitial Contribution for any unauthorized purpose Section C o(i.e. a purpose not authorized by r the ByIaws), the City shall have the option, at its sole discretion, to demand from the Foundation the return of the then rernainin� and any remaining funds representing income generated Fromon Of n the In�tialTtial ContCri�butionfor placement with another or new non-profit foundation formed pursuant to Section C. The Foundation shall return the remaini demand. The City's right,ng funds within 30 days of the receipt of such s pursuant to this Section 4 shall be in addition to its rights under any other provision of this Agreement, but shall be exercisable only upon a resolution adopted by two-thirds of the members of the City Council after a hearing as to which the Foundation recei Council. ves written notice and an opportunity to address the City 5• The City shall have the right to appoint a Raison to the Foundation (the "City Liaison"), The City Liaison shall not be a director but shall be entitled to attend and participate in meetings of the Foundation's board of directors (the "Board") or any committee thereof and to advise the Board or any committee thereof as the Board deems appropriate frorri time to time, provided, that the Board may, in its sole discreti exclude the City Liaison from meetings discussing Iitigation or, fundraising matters. on, 6. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement are not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof- 7, ereof 7. Only a writing executed by the parties hereto may amend this Agreement. 8. 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 itsrights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 9. 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. 10. The delay or failure of either party at any time to compliance by trequire performance or l2e other with any of its obligations or agreements shall in no way 6e 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 enforcernent 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 ill respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 1 I. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceabie 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. 12. 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. 13- This Agreement shall be binding upon and inure solely to the benefit of each patty hereto and their respective successors and assig Agreement, express or ns, and nothing in this implied, is intended to or shaII confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement I4. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements and undertakings, both written and oral between the parties with respect to the subject matter hereof. 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 �,vntten. CITY OF COSTA MESA, a municipal corporation Mayor of the City of Costa Me as ATTEST: E -e , City Cleric and eX-off cryo Clerk Of APPR&v'I I: AS TO FORM AND CONTENT City Attornd-v COSTA MESA HIGH SCHOOL FOUNDATION, a California non-profit public benef t corporation 1' nnnie Saryan President EXHIB IT A THE FOUNDATION'S BYLAWS BYLAWS OF 'COSTA MESA HIGH SCHOOL FOUNDATION,. a California nonprofit public benefit corporation BYLAWS OF COSTA NCESA HIGH SCHOOL FOUNDATION, a California nonprofit public benefit corporation ARTICLE I. OFFICES Section 1.I Princi»al Office. The corporation's principal office shall be fixed and located at such place as the Board of Directors (the "Board") shaIl determine. The Board is granted full power and authority to change said principal office from one location to another. Section 1.2 Other Offices. Branch or subordinate offices may be established at an time by the Board at any place or places. Y ARTICLE If. MEMBERSHIP Section 2.1 Members. The corporation shall have no members. Any action which would otherwise require approval by a majority of all members or approval by the members shall require only approval of the Board All rights which would otherwise vest in the members shall vest in the directors. Section 2,2 Associates. Nothing in this Article II shall be construed as I- 'ting the right of the corporation to refer to persons associated with it as "members" even though such Persons are not members, and no such reference shall constitute anyone a member within the meaning of Section 5056 of the California Nonprofit Corporation Law (the "Law"). The corporation may confer by amendment of its Articles or of these Bylaws some or all of the rights of a member, as set forth in the Law, upon any person or persons who do not have the right to vote for the election of directors or on a disposition of substantially all of the assets of the corporation or on a merger or on a dissolution or on changes to the Incorporation's Articles of Incorporation (the "Articles") or Bylaws, but no such person shall be a member withi meaning of said Section 5056, n the ARTICLE 111, DIRECTORS Section 11 Powers. Subject to the limitations of the Articles and these Bylaws, the activities and affairs of the corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board. The Board may delegate the management of the activities of tilt corporation to any person or persons, a management com however composed, prpany or comrriittees, of the corporaprovided that the activities and affairs tion shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board. Without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the Board shall have the following powers in addition to the other powers enumerated in these Bylaws: (a) To select and remove all off rets, agents and employees of the corporation, prescribe powers and duties for them as may not be the Articles or these Bylaws, fix their comInconsistent with law, pensation and require from them such security, if any, for faithful service as the Board may deem appropriate. (b) To conduct, manage and control the affairs and activities of the corporation, and to make such rules and regulations therefor not inconsistent with law, the Articles or these Bylaws, as they may deem appropriate. _(c) To adopt, make and use a corporate seal and to alter the form of such from time•to time as they may deem appropriate. seal Section 3.2 N_ umber. The authorized number of di5 and fifteen (15), the actual nmrectors shall be between five ( ) number to be established from tithe vote of two -t me to time ha (2/3rds) of the directors then qualified to act, In the absence of any such reutionhrrds authorized number of directorsol s shall be seven (7), , the Section 3.3 Term. The initial directors of the corporation shall establish the ten -n of seMce for which directors are elected; provided, established such terms of service, the inihowever, until the inztial direct tial directors shall hold Office ors have r a term of three years. Section 3.4 Selection. The initial di selected by the sole rectors of the corporation shall be those ersons incorporator of the corporation. Thereafter, the directors of the corporation shall be selected as follows: at each meetof the Board at which the terms of all dirercptorsta e scheduled to expire, one Inc-dir--ctor shall be designated by the acting President of the parer Teacher Student Association (the "PTSA") of Costa Mesa High School ("CMHS" and t Parent remaining directors shall be elected by a plurality of the d' High in office immediately riot to this annual meeting. Tf these Bylaws are amended to create different classes of directors, t o the right of the President of CMHS to designate one director shall continue but suchhen only designate one director for the entire board, and such designation may be made every may Year in the case of two classes of directors and every third year in the case of three classes directors. sses of guidelSection 3.5 ualifzcation. The Board may, from ti inme to time, establish additional as the Board shall deem appropriate in connection with consideration of pros eetive directors. The principal of CMHS shall not be a director, but shall be icip Board or committee meetingsnvited toartiate and to advise the Board and committees as the Board deemsin appropriate from time to time; provided, that the Board may, pin its sole discretion exclude the principal from meetings discussing in or fundraising matters. Section 3.6 Interested Persons. In accordance with secti than forty-nine percent (49%or X227 of the Law) of the not more Pel -sons." For purposes of this Sectpersons serving on the Board at any tune may be "intereste ion 3.6, an "interested person" is: d (a) Any person being on fo compensated by the corporation services rendered to it within the previous twelve months, whether as a full -ti independent contractor or otherwiseme or part-time emto ee ; or P Y , (b) Any brother law, son -in -taw, daughter- , sister, ancestor, descendant, spouse, brother-in-law, sister-in- in-Iaw, mother-in-law or father-in-law of any such erson Any vrolatPaon of the provisions of this Section 3.5 shall not affect the valid' enforceability of any transaction entered into by the corporation, ty or Section 3.7 Vac�es. Subject to the provisions of Section 522b of the Law, director may resign effective upon giving written notice to the president, the Board, unless the notice specifies a Iater time for the effectiveness of such resignation. any Secretary or the resignation is -effective at a future time, a successor may be selected before suchtime t If the office when the resignation becomes effective. o take Vacancies on the Board shall be filled in the same manner as the director whose off vacant was selected, provided that any vacancy to be filled by election by directors ma be ice is by a majority of the remaining Y filled director at any regular or specials Meeting directors,althoughless than a quorum, or by a sole remaining office until the expiration of the term of the the Boadrdd.IreE�or ach ndeunti so selected shall hold selected and qualified. l a successor has been A vacancy an the Board shall be deemed to exist in case of the death, res' removal of any director or an increase in the authoriresignation number of directors. g on or The Board may declare vacant the office of a director who has been declared of un mind by a final order of court, or convicted of a felony, or been found b a final sound judgment of any court to have breached any duty arising under Sections 523Q through I order or the Law. 5239 of No reduction of the authorized number of di rector prior to the expiration of the drectors shaiI have the effect of removing diirector's term of office. any Section 3.8 Place of Meetin lYleetings of the Board shall be held at anyplace with' or without the State of California which has been designated from time to time b hp in the absence of such designation, regular meetings shall be held at the rinci 1 office � corporation. p p of the Section 3,9 Open to the Public (a) All meetings of the Board (except those meetings held to discuss litigation and fundraising) shall be noticed and open to the public ("Public Meetiri s such Public Meetings shall include the time, location and agenda of the PublicNotice of and shall be posted at least seventy-two (72) hours before the Public Meet' in VleetinC publicly accessible location at the City of Costa Mesa (the. "Clty") City Hall the Ci a ty s Internet website and CMHS. For purposes of this Section 3.9 a ending (), "litieed gation" includes any a ,, concluded, threatened ar potential adjudicatory administrative body exercising its adjudicatory authority, heapngcofficeg before atcourt, r. (b) Absent (I) a legal opinion issued from the Office of the Attorney General Of the State of California or (?) a decision by a court of competent jurii sdiction which n each ease states that the meetings of the Board need not comply with California Government Code Sections 54950 et seq., (the "Brown Act"), the corporation shall use reasonable efforts to comply with the Brown Act, as if it were subject r the same. Section 3.10 Annual Meetirigs. The Board shall hold an annual meeting for the Purposes of organization, selection of directors and officers and the transaction of other business. Annual meetings of the Board shall be held on such dates and at such times as may be fixed by the Board. Section 3.1,1 Re lar Meetings. Regular meetings of the Board may be held on such dates and at such times as may be fixed by the Board. Section 3.12 SIDecial Meetings, Special meetings of the Board for an u Purposes maybe called at any time by the President or any two directors. y p rpose or Section 3.13 Notice. Annual and special meet' (east four (4) days notngs of the Board shall be held u on ice by first-class mail or seventy-two (72) hours notice Q p at by telephone, telegraph, facsimile e-mail communication. emight ov courier or other given personally or similar means of Any such notice shall be addressed or delivered to each director at such director's address as it is shown upon the records of the corporation or as may have been given to the co oration by the director, for purposes of notice or, if such address is not shown on such records or is not readily ascertainable, at the place where the meetings of the directors are regularly held. Notice by mail shall be deemed to have been given at the time a written notice is deposited in the United States snails, postage prepaid. Any other written notice shall be deemed to have been given at the time it is personally delivered to the recipient or is delivered to a common comer for transmission, or actually transmitted by the person giving the notice by electronic means, to the recipient. Oral notice shall be deemed to have been given at the time it is communicated, in person or by telephone or wireless, to the recipient or to a person at the office of the recipient who the person giving the notice has reason to believe will promptly communicate it to the receiver. Section 3.14 uQnlm. A majority of directors then in office shaII constitute a quorum of the Board for the transaction of business, except to adjourn as provided in Section 3.17, Each director shall be entitled to one vote. Every act or decision done or made by a majof'.ty of the directors present at a meeting duly held at which a quor-um is present shall be regarded as the act of the Board, unless a greater number be required by Iaw or by the Articles, except as provided in the next sentence. A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of directors, if any action tax�Cen is approved by at least a majority of the required quorum for such meeting. Section 3.15 Partici ation in 1VleetinLrs by Conference Tele hon_-, Directors may participate in a meeting of the Board, or a committee meeting, tfuough-use of i conference telephone or slmIIar communications equipment, so long as all members participating in such meeting can hear one another. Section 3.16 Waiver, of Notice. Notice of a meeting need not be given to any director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meetintr its commencement, the lack of noOF tice to d s the meet' protesting, prior thereto or at such di ector, Ail l such waithout vers, consents and approvals shall be filed with the corporate records or made a art of the minutes of the meeting, p Section 3,17 Adiournment. A majority of the directors present, whether or not a quorum is present, may adjourn any Board or committee meeting to another time and Notice of the tune and place of holding an ad'ourned meetin¢ place. directors if the time and place be fixed at the meeting adjournedbexcept aotpbovidverito n absent sentence. if the med eeting is adjourned for mor e next e than twenty-four {24} hours, reasonable notice of any adjournment to another time or place shall be given prior to the time of the ad meeting to the directors who were not present at the time of the adjournment. adjourned Section 3,1 S RigIsts of Inspection. Every director shall have the absolute right a reasonable time to inspect and copy all books, records and documents of every kind and any I the physical properties of the corporation. to Section 3,19 Chairman & Conduct of Meetings. (a) Chairman of Meetin s. If the person serving as President is a director of the corporation, such person shall, when present, preside at all regular and special meetings of the Board, shall present at the annual meeting activities of the corporation durin the receding of the Board a report on the other duties incident to the office, required by the Bylaws or f om shall generally t� perform ail to him or her by the Board. If (x) the President who is also a director e t time- -rassigned does not attend a meeton ing of the Board, or (y) the person serving as President is not a director of the corporation, at each meeting of the Board, the Board shall elect, from among those present, a chairman who shall preside at such meeting. (b) Conduct of Meetings. The person presiding at a meeting of the Board, pursuant to Section 119(a), shall conduct each such meeting in a businesslike and fair manner but, in the absence of any Board resolutions to the contrary, shall not be Obligated tc follow any technical, formal, or parliamentary rules Of principles of Procedure. Such person's Tailings on procedural matters shall be conclusive and binding on the Board, unless at the time of a ruling a request for a vote is made by a majority of , d the directors present at the meetingin which case the decision of a majority of such irectors shall be conclusive and binding, foregoing, such person shall have all of the powershousual ly vestedut 11mitina hn gencha�ty of the meeting of directors. Irma' of a Section 3.20 Executive Committee. The Board may, by resolution adapted b a majority of the number of directors teen in office, establish an executive committee copied n by such nrlmber of directors as may be determined by the Board which, except -when the Board it in session, and except as its powers may be otherwise Iimited by the Board, shall have and may exercise the powers of the Board in the management of the business and affairs of the corporation and may authorize the seal of the corporati require it. on to be affixed to all papers which may The executive committee shall also have the power of general supervision, managementand control of the business of the corporation and over its several officers. Appointments to the executive committee shall be by a majority vote of the directors then III office. A majority of all the members of the executive committee may determine its rule Procedure unless the Board shall otherwise provide. The Board shall have the power to chap o the members -of the executive committee at any time, either with or without cause and to ge vacancies; provided that alI appointments to the executive committee shall be by a majority vote I of the directors then in office. Section 3.21 Nominatin¢ Committee. The Board may, by resolution adopted by a majority of the number of directors then in office, establish a nominating committee consisting of such number of directors as may be determined by the Board. The nominating committee shall present candidates to the Board o considered as directors of the corporation. Appointments to the nominating committee shall be be by a majority vote of the directors then in office. nominating committee may determine its rules of proceduteJ�nless therTtY of Board shall the of the Provide. The Board shall have the power to change the members of the nominating comm, anyany time, either with or, without cause and to fill vacancies; provided that all appointments to the nominating committee shall be by a majority vote of the directors then in office. Section 3.22 Standing or Saecial Committees. In the event that the Board determines that the management of the corporation would be benefited by the - standing or special committees in addition to the executive ri mmI o e ue to time establish one or more such co iCOMM'ittee, the Board may o ttees, The establishment of standing or special committee shall be effected by a resolution of sets forth the powers and duties deleg the Board approved by the vote of the majority of the directors then in office, which specifically ated to such committee. Each such committee shall consist of two (2) or more. directors and such other persons who are not members of the Board determined by the Board, and shall be presided over by a director selected by rhe Board. as Board may designate one or more persons as alternate members of any committee and sine alternates may replace any absent or disqualified committee, member of the committee at any meetingch of the The term "standing committee" or "special committee" shall mean any committee appointed by the Board which is authorized by specific delegation, w7thoiit further Board action to make and implement decisions on behalf of the Board, or to implement, with some de ee of 7 discretion, decisions of the Board pursuant to b idelines established by the Board. Notice of Y chairman of each such stand and procedures for, meetings of standing or special committees shall be as prescribed b the ing or special committee, and meetings of standing or special committees may be called by the Board, the chairman of the standing or special committee or two or more members of the standing or special committee. Section 3.23 Limitations U on Committees of the Board. No committee of the including any executive committee, shall have any of the authority of the Board with respect to: Board, (a) the filling of vacancies on the Board or on any committee of the Board,• the amendment or repeal of Bylaws or the adoption of new Bylaws; (c) the appointment of other committees of the Board or the members thereof, (d) the expenditure of corporate funds to support a nominee for director in Section 5.5; n e) the expenditure of corporate funds iexcess of the limitations provided for (� the election, appointment or removal of any member of any director or offcer of the corpany committee oration; or (g) the amendment or restatement of the Articles; (h) the adoption of a plan. of merger or plan of consolidation with another her (i) the authorization to sell, Iease, exchange or mortgage proert substantially all of the Property and assets of the corporation; of all or (J) the authorization to voluntarily dissolve the corporation or to rev proceedings therefor; oke (k) the adoption of a plan for the distribution of the assets of the corporation; (1) the amendment, alteration or repeal of any resolution of the Board; or m) the approval of to any self -deal' ng transaction, except that when it is n reasonably practicable to obtain approval of the Board of transaction, a committee authorized b Poor to entering into such a manner consistent with the standards set forthBnaS�c on 52may p3pr d approve f e transaction in a ratification by a majority of the directors then in office (without counting he he subJect to interested director) at the next meeting of the Board. b vote of any Rules governing procedures for meetings of any committee of the Board shall established by the Board, or in the absence thereof, by the committee itself. If n Il be as established, then the rules that govern the directors shall govern each committee. All � rules are are to report promptly to the Board and only take such action(s) as is specifically designated committees the Bylaws or in the resolution chartering the Comm'ttee. as of a committ until the next annual meeting of the Board or until their successors are al ed in ee shah serve appointed. Section 3.24 Advisory Commissions. The Board, the executive committee President may from time to time appoint such advisory comrrmissio or the ns as deemed appropriate, consisting of directors or persons who are not directors, but such advisory commissions shall be deemed committees of the Board and shall not exercise an I1 not and procedures for, meetings of advisory any shall be as prescribedeby the Board. Totice of, each such advisory commission, and meetings of advisory commissions may be call irrnan of Board the executive committee, the President rr the chairman of the advisory commission,ed by the Section 3.25 Fees and Comensation. Di commissions shall not recerectors and members of committ ive any compensation for their se their performance of thervices; provided, however ,that the corporation may reimburse any director or member for expenses that the rea ees or, ir duties, as may be determined by the Board. y SOnabIy incurred in Notwithstanding the foregoing, this corporation shall not make any Loan of move Property to, or ,guarantee the obligation of, any director or officer, unless approved b yth r Attorney General or otherwise permitted by the Law, provided however, that the c y e may advance money to a director or officer of the corporation for expenses reaso orporation anticipated to be incurred in the performance of the duties of such officer or director, nafjIy that in the absence of any such advance, such director rr officer would be entitled provided reimbursed for such expenses by the corporation, Subject to the provisions of Section to be nothing contained in this Section 3.25 shall be construed to preclude any director from 3.6, the corporation in any other capacity as an officer, agent, employee or otherwise an m serving compensation therefor. d receiving , Section 3.26 Removal of Director for Cause. The Board may remove a director office for cause. Cause shall mean any director who has been declared of unsound from ftuaI order of court, or convicted of a felony, or been found by a final order or judgment mind by a court to have breached any duty under Article 3 of the Law, or For failure to attend at least � gment of any percent (50%) of the Board meetings held over the previous twelve (12) months, unless e Ffry by the President. ccused ARTICLE IV. OFFICERS Section 4.1 Officers. The officers of the corporation shall be a President, a Secr and a Chief Financial Officer. The corporation may also have, at the discretion of the etary or more Vice Presidents, one or more Assistant Secretaries, one or more Assistant Treasurers, and and such other officers as may be elected or appointed in accordance with the roup rs, Section 4.3. Any number of offices may be held by the same person except that tions of - Secretary nor the Chief Financial Officer may serve by as the president, neither the Section 4.2 EIection. The officers of the corporation, except such Osfcers a elected or appointed in accordance with the provisions of Section 4.3 or Section 4 - s may be chosen annually by and shall serve at the pleasure of the Board and shall hold thein , shall be Off -ices until their resignation, removal or other disqualification from service or u spective respective successors shall be elected. ritil their Section 4.3 Subordinate Officers. The Board may elect, and the President appoint, such other Officers as the business of the corporation may require, each of may whom shall hold office for such period, have such authority and perform such duties as are provided in these Bylaws or as the Board or the President may from tune to time determine consistent with these Bylaws and any actions of the Board. Section 4.4 Removal and Resignation. Any officer or agent may be removed by the Board, ora committee appointed by the Board for such purpose, with or without cause, whenever in its judgment the best interest of the corporation will be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. Election or appointment of an officer or agent shall not in itself create contract rights. Any officer may resign at any time by giving written noti Without prejudice to the rights, if any, of the corporation under any contract to 'cc to the corporation, which the officber is a party, Any such resignation shall take effect at the date of the receipt of such notice or at an later time specified therein and, unless otherwise specified therein, the acceptance of such resignation shail not be necessary to make it effective. Section 4.5 Vac_ ancies. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in Bylaws for regular election othe manner prescribed in these r appointment to such office, provided that such vacancies shall be Filled as they occur and not on an annual basis. Section 4.6 President. The President Is the general manager and chief executive Officer of the corporation and has, subject to the control of the Board general supervision direction and control of the business and officers of the corporation. In accordance with Section 3.19, the President shall preside at meetings of the Board. The President has the general powers and duties of management usually vested in the office of president and general manager corporation and such other powers and duties as may be prescribed�by the Board. of a Section 4.7 Vice President. In the absence or disability of the President, the Vice President shall perform all the duties of the President and, when so acting, shall have all the powers of, and be subject to all the restrictions upon, the President. The Vice President and any additional Vice Presidents shat] have such other powers and perform such other duties as from Lime to time may be prescribed for them respectively by the Board. Section 4.8 Sec„ retary. The Secretary shall [seep or cause to be kept, at the principal office or such other place as the Board may order, a book of minutes of all meetings of the Board and its committees, with the time and place of holding, whether reguiar or special, and if special, how authorised, the notice thereof given, the names of those present at Board and meetings, and the proceedings thereof The Secretary shall keep, or cause to be 1<eptm a i he principal office in the State of California the original or a copy of the corporation's Art Bylaws, as amended to date, Art' and The Secretary shall give, or cause to be given, notice of ail meet' committees thereof required by law or by these Bylaws to be given, shall keepe Boardhe i 0 any corporcitaon to safe custody, and shall have such other powers and perforrr� such other duties as may be prescribed by the Board. Section 49 Chief Financial Officer. The Chief Financial Officer shall keep maintain, ra cause to be kept and maintained, adequate and correct accounts of thepropertiesand business transactions of the corporation. The books of account shall at all times e and inspection by any director. open to The Chief Financial Officer shall deposit all moneys and other valuables in the name to the credit of the corporation with such depositaries as may be designated bBoa and Chief Financial Officer shall disburse the funds of the corporation as may bey the e rd. The Board, shall render to the President and the directors, whenever they request it, an account of all Ordered by the transactions as .Chief Financial Officer and of the financiount al condition of the corporation and have such other powers and perform such other duties as may be prescribed by the Boa shall rd. ARTICLE V. OTHER PROVISIONS Section 5.1 Endorsement of Documents; Contracts. Subject to the provisions applicable law, any note, mortgage, evidence of indebtedness, contract, conveyance o of instrument in writing and any assignment or endorsement thereof executed or enter other between the corporation and any other person, when signed by the President e red into President on the one hand, and the Secretary, or the Chief Financial Offcer on the Other any Vice the corporation shall be valid and binding on the corporation in the absence of actual � hand, of on the part of the other person that the signing officers had no authority to execute the owledge Any such instniments may be signed by any other person or persons and in such manner Same time to time shall be determined by the Board, and, unless so authorized by the Board no as from agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or amount" Section 5.2 Re resentation of Shares of Other Co orations. The President and a other officer or officers authorized by the Board or the President are each authorized t any represent and exercise on behalf of the corporation all rights incident to any and all shares of an o vote, Other corporation. or corporations standing in the name of the corporation, The authorit y granted may be exercised either by such officer in person or by any other person authorized Grein so by proxy or power of attorney duly executed by said officer. o do Section 5.3 Construction and Definitions. Unless the context otherwise re uires th general provisions, rules of construction and definitions the in the General Provisions e the California Nonprofit Corporation Law and in the California Nonprofit Public of Corporation Law shall govern the construction of these Bylaws. Benefit Section 5A Maintenance of Certain Records. The accounting books, records minutes of proceedings of the Board and the executive committee of the Board shall be kept r s, F h place or places designated by the Board, or, in the absence of such designation, at the rind business office of the corporation. The minutes shall be kept in written or typed form, a the accounting books and records shall be kept either in written or typed form, or in any other and capable of being converted into written, typed or printed form. Section 5.5 Finances of'the Co oration. (a) Initial Contri=bution. The initial contribution of One Million Dollars (SI,000,000) given to the corporation in connection with that certain Development Agreement between C.J. Segerstrom & Sons, et. al. and the City dated as of December 3, 2001 (the "Initial Contribution"), shall be invested to generate income for the corporation; provided, however, that the corporation may ma=ce such expenditures or distributions of the Initial Contribution, so as to comply with the applicable requirements of federal and California laws regarding "public foundations", Notwithstanding the foregoing, the corporation may spend up to Fifty Thousand Dollars (550,000) of the Initial Contribution in the first twelve months of its existence. (b)' Income. Subject to the applicable requirements of federal and California laws regarding "public foundations," the corporation shall conduct its financial activities in such a manner so that: (i) in each fiscal year, at least eighty-five percent (85%) of the income earned on the Initial Contribution shall be used for directly expanding educational advancement opportunities and facilities for CMHS, and no more than fifteen percent (15%) of the corporation's distributions shall be used for administrativeel fundraising or similar expenses of the corporation; personn, corporation; - 2 s� (i i) m each fiscal year, no more than twenty-five percent/°.5%) of the income earned on the Initial Contribution shall be used for activities or facilities I non-revenue generating athletics, and no portion of the interest eamed on the Initial Contribution shall be used for activities or facilities involvi athletics; and ng revenue generating (iii} any income earned on the Initial Contribution from the time it was deposited with the City until the corporation's receipt of the Initial Contribution, maybe spent in accordance with Sections 5.5 (b)(i) and 5.5(b)(ii). (c) Fundraising. The restrictions set forth in Sections 5,5(a) and 5.5(b) only apply to the Initial Contribution and the income earned on the Initial Contribution and are inapplicable to any other, money or assets raised or procured through any fundraising efforts of the corporation. Section 5.6 Authorization for Expenditures. The Board may by resolution or amendment of these Bylaws, from time to time, establish additional guidelines as the Board shall deem appropriate m connection with authorization requirements for expenditures or investments. Section 5.7 Annual Re ort and Audit. The Board shall cause an annual report to be fumished to the directors and the City Attomey of the City (the "City Attorney") not later than one hundred twenty (120) days after the close of the corporation's fiscal year. The annual report shall be accompanied by an audit thereon of independent certifted public accountants which shad be made available to the public. The annual report shall be in conformity with accounting principles generally accepted in the United States of America and contain. 1r_1 appropr-late detail the following: (a) The assets, liabilities and net assets fiscal year; corporation as the corporatioas of the end of the (b) The principal changes in net assets during the fiscal year; (c) The revenue or receipts of the corporation both unrestricted and restricted to particular purposes, for the fiscal year; (d) The expenses or disbursements of the corporati Purposes, during on, for both general and restricted g the fiscal year; and (e) Any information required by Section 5.8 of these Bylaws. Section 5.8 Annual Statement of Certain Transactions and Indernr;f, (a) The corporation shall furnish annually to its directors and the Cit Attorney a statement of any "covered transaction" or indemnifications described below, y such covered transaction or indemnification took place. Such annual statement shall bif e affixed to and sent with the annual report described in Section 5.7 of these Bylaws. "covered transaction" under this Section 5.8 is a transaction in which the corporation A v a party, and in which any director or officer of the corporation, or its parent or subs d was had a direct or indirect material financial interest (excludinc, a J directorship); and � mere common (b) The statement required by this Section 5.8 shall describe bricfly. (i) Any covered transaction (including compensation of during the previous fiscal year involving more than Five Thousand Dollars �S 000 officers) which was one of a number of covered transactions in which the same interested persons or had a direct or Indirect material financial interest and which transactions in the d per ns Involve more than Five Thousand Dollars (S5,000). �� gate ( The names of the interested persons involved in such transactions, in the transactto the such stating such persoso n's relationship corporation, the nature of person's interest ion, , where practicabie, the amount of such interest; provided tha and the case of a transaction with a partnership of which such person is a a t �n interest of the partnership need be stated, p mer, only the (ail) The amount and circurrzstances of an advances aggregating more than Five Thousand Dollars SS 000y ick dur-I tons ar year to any officer or director of the corporation. { ) p j the fiscal Section 5.9 Indemnification. The corporation shall, to the .maximum extent ermi by the Law,_ indemnify each of its directors and Officers against expenses, "Lid e p fled settlements and other amounts actually and reasonably incurred in cow ection u,' fines, proceeding arising by reason of the fact any such person is or was a director or officertof any corporation and shall advance to such director or officer expenses incurred in defendinc, any sthe proceeding to the maximum extent permitted by the Law. For purposes of this Section 5,9 cI� 6 a "director" or "officer" of the corporation includes any person who is or was a director or officer of the corporation, or is or was serving at the request of the corporation as a director or officer of another corporation or other enterprise, or was a director or officer of a corporation which was a predecessor corporation of the corporation or of another corporation or other enterprise at the request of such predecessor corporation. The Board may, in its discretion, for such indemnification of, or advance of exy resolution penses to, other agents provide bents of the corporation, and liketivise may refuse to provide for such indemnification or advance of expenses except to the extent such indemnification is mandatory under the Law. The corporation shall have the right to purchase and maintain insurance to the maximum extent permitted by the Law on behalf of its officers and directors against any liability asserted against or incurred by an officer or director in such capacity or arising out of the officer's or director's status as such. The corporation may also purchase liability and other insurance as the Board determines to be appropriate from time to time. S ection 5.10 . No Private Inurement. The corporation is not organized for profit and is to be operate exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501 c of the Internal Revenue Code, or the corresponding section of any future federal tax code, }nd)in the promotion of social welfare in accordance with the purposes stated i organization snail n the Articles. The net earnings of the be devoted exclusively to charitable and educational purposes and shall not inure to the benefit of any private individual. No director or person from whom the organization may receive any property or funds shall receive or shall be entitled to receive any pecuniary profit from the operation thereof, and in no event shall any part of the funds or assets of the organization be paid as salary or compensation to, or distributed to, or inure to the benefit of any member of the Board; provided, however, that (a) director while actinreasonable compensation may be paid to any g as an agent, contractor, or employee of the corporation for servi rendered in effecting one or more of the purices poses of the organization; and (b) any director may, from time to time, be reimbursed for his or her actual and reasonable expenses incurred in connection with the administration of the affairs of the organization. Section 5.I 1 Enforcement hY City Attorney, The corporation acknowledges that irreparable damage would occur in the event that certain provisions of these Bylaws were not performed in accordance with their specific terms. It is accordingly provided that the City Attorney shall be entitled to an injunction or injunctions to prevent noncomplia 5.9(a) 5.5 5.7 5,8, 5.1 1 and 5.12 onee with Sections f these Bylaws and to enforce specifically such terms and provisions in any court located in Orange County, California having jurisdiction. The prevailing party (whether it is the corporation or the City Attorney) in any such enforcement action shall 6e entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees incurred by the prevailing party in any such enforcement action. Section 5.12 Amendments. These Bylaws may be amended, repealed or modified, and new Bylaws adopted, by the affirmative vote of a majority of the entire Board; provided that the Fight of the President of the PTSA of CMHS to appoint one director pursuant to Section 3.4 may not be amended, repealed or modified without such person's written consent; provided, further, that Sections 19(a), 5.5, 5.7, 5.8, 5.11 and this 5.12 may not he amended, repealed or modified without the written consent of the City Attorney. Any notice of a meeting at which these Bylaws are to be amended, repealed or modified shall include notice of such proposed action. A copy of such notice must also be furnished to the City Attorney at least seventy-two (72) hours before the start of such meeting. ARTICLE VI. CONFLICT OF INTEREST Section 6.1 Conflict Defined. A conflict of interest may exist when the interests or activities of any director, officer or staff member may be seen as competing with the interests or activities of this corporation, or the director, officer or staff member derives a financial or other material gain as a result of a direct or indirect relationship. Section 6.2 Disclosure Required. Any possible conflict of interest shall be disclosed to the Board' by the person concerned, if that person is a director or the president of the corporation, or to the. president, or to such person or persons as he or she may designate, if the person is a member of the staff. Section 6.3 Abstinence From Vote. When any conflict of interest is relevant to a matter requiring action by the Board, the interested person shall call it to the attention of the Board or its appropriate committee and such person shall not vote on the matter; provided, however, any director disclosing a possible conflict of interest may be counted in determining the Presence of a quorum at a meeting of the Board or a committee thereof. Section 64 Absence From Discussion. Unless requested to remain present during the meeting the persona having the conflict shall retire from the room in which the Board or its committee is meeting and shall not participate in the final deliberation or decision regarding the matter under consideration. However, that person shall provide the --Board or committee with any and all relevant information. Section 6.5 Minutes. The minutes of the meeting of the Board or committee shall reflect that the conflict a[' was disclosed and that the interested person was not present f ' CD the final discussion or vote and did not vote. When there is doubt as to whether a conflict of interest exists, the matter shall be resolved by a vote of the Board or its committee, excluding the person concerning whose situation the doubt has arisen. Section 6.6 Annual Review. A copy of Article VI of the Bylaws shall be furnished to each director, officer and senior staff member who is presently serving the corporation, or who may hereafter become associated with the corporation: This policy shall be reviewed annually for the information and guidance of directors, officers and staff members. Any new directors, Officers or staff members shall be advised of this policy upon undertaking the duties of such office. CERTIFICATE OF SECRETARY OF COSTA MESA HIGH SCHOOL FOUNDATION, a California nonprofit public benefit corporation I, the undersigned, do hereby certify: (1) That I am the duly elected and acting Secretary of Costa Mesa High School Foundation, a California nonprofit public benefit corporation; and (2) That the foregoing Bylaws, comprising fourteen (14) pages, constitute the Bylaws of said corporation as duly adopted by the Board of Directors of said corporation as of September 251 2003 , IN WITNESS WHEREOF, I have hereunto subscribed my name as of the da of October, 2003. y James Ferryman TABLE OF CONTENTS Paae ARTICLE I, OFFICES Section I.1 Princi al Office .................. Section 1.2 Other 1 ARTICLE 11, MEMBERSHIP ............... Section 2.1 Members .................... Section 2.2 ................... Associates. ARTICLE III. DIRECTORS .......................... Section 3.I Powers................. Section 3.2 ............................................ Number 1 Section 3.3 ......................... Te . Section 3.4 Section 3.5 ...................................... ua � I[fcation ........ .......,. 2 Section 3.6 Interested Persons. .""'""•""'•' Section 3.7 ,..,.. .............................. Vaca nc[es. ..........- 2 Section 3.8 PIace of Mectin,. Section 3.9 Open to the PL[blic............ ..............3 ection 3.10 _ ............................... Annual Meetings. .......................... ""' Section 3. I I Regt[lar Meetings .............. ""' 4 Section 3.12 Special Meetings ................ ""•4 Section 3,13 ....................... Notice.4 ................... ...........4 Sect' Ion 3.14 uor-U ................. Section 3.15 4 Participation in Meetings by Conference Section 3.16 Waiver of Notice,,,,,,,,,,,,,,,, Tele hone ................................... 4 Section 3.17 .............. Ad'ourr� .............................. .............5 Section 3.I8 R[�hts Of Ins ecti on ................................ ...................... ..,......5 ...................... Section 3.19 Chai rman &Conduct of Meetings _ �•���•�����������"'..""� Sectionj".20 ............ Executive Committee . .......................... ..............5 ����"'� Section 3.21 ......................e. NominatingCommittee., ...........................................5 Section 3.27 Stand[n� or S ecial Committees _ .... 6 Section 3,23) ......................... Limitations li on Committees Of the ............................ _ ,....6 Board Section 3.24 Advisory COrr[rnissions.................... ..................... .....,..............'....7 Section 3.25 . Fees and Compensation......,.,,.. . .............................. 7 Section 3.26 ......................... Removal of Director for Cause.... ...... . ..._ ARTICLE IV. OFFICERS .............................. . .....................8 Section 4.1 Officers .................... . ......................... Section 4.2 8 Section 4.3 Subordinate -Officers ..................... Section 4.4 Section 4.5 Section 4.6 Section 4.7 Section 4.8 Section 4.9 TABLE OF CONTENTS Cont'd} Fa -Ke Removal and Resignation. Vacancies.9 _ ...................... .............,.... President.. .................... Vice President...... ................................ . ...................... Secreta.................................................................9 ............... Chief Fina ...........9 Financial Of �"�'""'�""�• fuer............... ........... in ARTICLE V. OTHER PROVISIONS ............... 10 Section 5.1 Endorsement of Documents, Contracts....,..,..,. Section 5.2 Secti.on 5.3 Re resentation of Shares of Other Co orations ................ ;:: • 10 ection 6.3 Construction and Definitions 10 Section 5.4 ................... ������"���" .IO Maintenance of Certain Records Section 5.5 ...................... Finances of the Co oration......... I0 Section 5.6 ...................................... �������� Authorization for Ex endirzires ....................... ................. Annual Review..........14 Section 5.7 ......................... ... . ... ............... Annual Report and Audit I I Section 5.8 ................... Annual Statement of Certain Transactions and Indemnifications Section 5.9 Indemnification . ............I2 Section 5.10 ............................ ...............................................,........I2 No PrivaCe Inurement Section 5.11 .............. .........................13 Enforcement b City Attome Section 5.1 ...................................... Amendments..... .............................I� .........................................I.................. t A -K I ICLE VI. CONFLICT OF INTEREST .................. Section 6.1 Conflict Defined ................................... Section 6.2 Di14sclosure osure Rea Uired ection 6.3 .................:.. Abstinence From Vote. " "" " " "" 14 Section 6.4 ,..,,..... Absence From Discussion .................................. . 14 Section 6.5 .................. Minutes . .................................................. ........... . 14 Section 6.6 ....................... ................. Annual Review..........14 ................, I4 WARRANT INFORMATION January7, 2014 Payment Date Remittance to: Remitt Payment Explanation of payment Ref. ance Amount ID: 0177115 12/27/13 Larry's Building Materials 2912 $1,508.87 Where exactly? Maintenance Services — The invoice paid for purchases of sand for the public access sandbag program provided by the City at FS#4 during the winter months. The invoice also paid for decomposed granite or our normal stock in the Corp Yard for use in parks and for the canon renovation project at West Side Police Substation. The invoice paid for top soil used by park maintenance staff for filling ruts in parks or for top dressing turf. 0177117 12/27/13 Liebert Cassidy Whitmore 2960 $2,271.00 What is this for? H.R. — Employee Discipline 0176790 12/13/13 Colin K McCarthy 20464 $200 What is this for? Animal Control — Refund 0176554 11/29/13 City of Brea 8323 $32,070.00 What is this for? Police Dept. — Integrated Law and Justice Agency of Orange County (ILJAOC) Member Agency Fee. The agency creates and supports COPLINK electronic subpoenas, electronic citation program, ISE collaborative scheduling and a host of other Orange County regional critical IT projects. 0176558 11/29/13 OC Treasurer Tax Collector 3489 $16,011.75 Victim Physicals? Police Dept. Child Abuse Services Team (CAST) Exam. These are fees for specialized services and exams of highly technical crimes often sexual in nature. Do we pay to County? Parking citation processing for October 2013. 0176620 11/29/13 Prado Family Shooting 17668 $1,400.00 Do we have regular training at this range? Range Police Dept. - November 4, 5, 6th full days training. Prado Range is used for rifle and specialty weapon qualifications for active shooter and other specialized training not possible in our indoor range. 0176658 12/6/13 ARC 21323 $325.89 What is this for? Planning/Development — Microfilm of drawings 0176664 12/6/13 Animal Friends Pet Hotel 20111 $2,074.00 What is this for? Police Dept. - Tornado, food, vaccines, medications, and boarding services. 0176670 12/6/13 Bear Valley Waterfeatures 21728 $106.92 Did we keep the ladder? Maintenance Services - Ladder purchased by contractor in conjunction with construction project to handle an urgent situation. City retained possession of he ladder. 0176748 12/13/13 Fortel Traffic Inc. 15480 $20,998.52 What is this for? Transportation — The payment to Fortel Traffic of about $21 k are for Radar Speed Feedback Signs installed on Susan Street. 0176879 12/13/13 Target Specialty Products 4218 $932.46 Colorant for TeWinkle Lakes? Maintenance Services purchased through Target Specialty Products (with whom the City has an annual price agreement) a colorant for TeWinkle Lake. This is standard maintenance practice to control the growth of algae in the lakes by shading out sunlight from the water. This practice reduces or eliminates the use of algaecides. 0176925 12/20/13 Brenda Emrick 14473 $2,845.80 What is this for? Reimbursement for toys from Costa Mesa Foundation. 0177133 12/27/13 RBF Consulting 8672 $8,948.67 What is this for? Development Services — 17th & Superior Project 0176829 12/13/13 LSA Associates Inc. 3007 $4,865.00 What is this for at Fairview Park? Public Services - LSA Associates Inc made a presentation to the Fairview Park Citizens Advisory Committee on the biological resources at Fairview Park, surveyed the boundaries of the vernal pools and prepared a report addressing the decomposed granite that was placed at or near Vernal Pools #5 and #6. 0176946 12/20/13 Endemic Environmental 21277 $4,590.00 What is this for at Fairview Park? Misc. Services Expense? Public Services - Endemic Environmental Services provided maintenance services for the wetlands and riparian habitat project. This work is covered by M2 grant. 0176953 12/20/13 Filarsky & Watt LLP 2206 $2,973.00 What is this for? Human Resources — Meeting with staff; investigation. CITY COUNCIL SUPPLEMENTAL MEMORANDUM MEETING DATE: JANUARY 7, 2014 SUBJECT. APPEAL AND REVIEW OF ZONING APPLICATION ZA-13-22 AMENDMENT TO PLANNED SIGN PROGRAMS FOR METRO POINTE OFFICE AND RETAIL CENTER 901 SOUTH COAST DRIVE & 950 SOUTH COAST DRIVE DATE: JANUARY 7, 2014 FROM: DEVELOPMENT SERVICES DEPARTMENT FOR FURTHER INFORMATION CONTACT: ANTONIO GARDEA, (714) 754-5692 antonio.gardea@costamesaca.gov Per Councilmember Genis' request, the following two items are attached: Elevations of the entire frontage along the 405 freeway were not provided as part of the application submittal. Sign permits for the various tenants only include partial elevations of the buildings. A reduced copy of the sign submittal package for the Edwards Cinemas sign is provided. The partial South Elevation of the building facing the 405 Freeway shows the location of the sign. The approximate height of the existing building is 65 feet to the parapet. 2. Also attached is a copy of the existing project identification sign on the parking structure. Because the sign was much smaller, the copy of the drawing submitted for this sign is to scale. The height of the parking structure wall to the top of the railings is 14 feet. 3. A copy of the running total of signage is also attached. The summary of sign area includes approximations for the painted signs. The summary differs slightly from the material provided by the applicant in that it adjusts the total allowable area with the approved amendments. i ANT 10 GARDE GARY ARM TRO G, AICP Senior Planner Economic/& Development Se ices Director / Deputy CEO ATTACHMENT: 1. Building Elevation 2. Parking Structure Elevation 3. Metro Point Signage Summary PH -1 DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer Director of Economic & Development/ Deputy CEO City Attorney Interim Development Svs. Director Public Services Director Transportation Svs. Mgr. City Clerk (2) Staff (4) Planning Staff (8) File (2) Barbara Cohen Architectural Design & Signs 2950 Palisades Drive Corona, CA 92880 Rosanna Dalat Arnel Property Development 949 South Coast Drive Suite 600 Costa Mesa, CA 92626 T� LU SIGN 11D" PARTIAL SOUTH ELEVAT[ON Scale: 1/6" FRfi'FFCiRKm AR(-HPTFf'T['IRAI NEON - 31e: 1'= 40LO' Pr®ject Freeway Identification Letters to be 42" high fabricated aluminum pan -channel letters with black-day/white-night acrylic faces, Logo symbol to be 4S" high fabricated aluminum reverse pan -channel with concealed neon halo illumination_ ?1 1- 5 Square feet Total Sign Area Dimensions used to calculate Total Sign Area. " 20' 5150L - V(j f)13 APPROVED ` CIT! OrC'O'STA MESA SUBJECT TO BLDG- DEPT. RF .5-G5 1 Scale: 1/4 V-0 ATTACHMENT 136 Metro Pointe Retail Center Planned Sign Program ZA-97-13/ZA-96-141PA-89-36 PA -89-36 A2 Freeway Zone Quantity Approved Committed Balance 2 Freeway Pylon 'P1' 9,476 2 Office Building 444 222 222 1 Project ID 'P3' 50 34 16 264 1 Edwards 400 379 21 2 Pad Tentant Wall 240 - 240 Pac Sun* 100 (100) Tilly's* 100 (100) Verizon* 100 (100) Multiple Restaurant Listings* 200 1 Restaurant (Karl Strauss*) 320 200 120 2 Restaurant 640 - 640 David's Bridal - 156 (156) Pacific Mechantile Bank 87 (87) 2 Nordstroms Rack 230 284 (54) 1 Container Store 235 145 90 1 Linens N Things 175 175 - 1 Marshalls 120 120 - 1 Barnes & Noble 330 155 175 2 Best Buys 456 342 114 *approximate size of painted signs Sub -Total 3,640 2,799 841 9,740 South Coast Drive 4 Office Ground 120 120 - 8 Office Tenant 160 160 2 Large Ground 480 240 240 628 2 Project Id Wall 50 50 1 Theater Ground 300 244 56 6 Pad Wall 720 720 Karl Strauss 172 3 Pad Ground 135 135 1 Barnes & Noble Wall 120 82 38 1 Linens & Things 65 65 - 1 Marshalls 45 45 - 1 Old Navy 99 99 - Sub -Total 2,294 1,067 1,399 628 Bear Street 1 Large Ground 240 120 120 314 1 Corner Ground -Project Id 'P6' 76 76 - 26 1 Project Id Wall 50 - 50 1 Big & Tall (Pad Wall) 120 107 13 1 Pad Ground 45 - 45 1 Old Navy 130 111 19 2 Container Store 300 179 121 1 Best Buys Wall 110 110 - Sub -Total 1,071 703 368 340 Misc City Approved 236 - 236 Total 7,241 4,569 2,844 2,708 136 �. Costa Mesa Police Department Calls For Service by Address for Calendar Year 2012 January 6, 2014 Process: Using BI Web, a report was run in CAD for the calendar year 2012. A total of 96892 CFS were documented as being received. CFS were sorted by address and then sub -totaled to provide the number of CFS to each location. A threshold of 50 or more CFS to a location was used as a baseline for inclusion in this report. Of those included, there were 45 locations where more than 200 CFS were logged It should be noted: Included in, but removed from, the top 45 were: 99 Fair Drive (PD Headquarters) = 3700 CFS 79 Fair Drive (Communications) = 1126 CFS And a few Apartment Complexes are defined by more than a single street address Of those combined, the following complexes fell into the 200 or more CFS category: Pinebrook Villas (1555 and 2775 Mesa Verde Dr E) The Enclave (400 to 450 Enclave Cir) Villa Sienna (1250 Adams and 2885 Fairview Rd) 3333 BRISTOL ST (SCPL) EW�570 W 18TH ST (Lions Park) _ 2300 HARBOR BLVD (Harbor Center) _ 1555 E MESA VERDE DR (Pinebrook Village) _ 2775 E MESA VERDE DR (Pinebrook Village) _ 2277 HARBOR BLVD (Motor Inn) _ 1835 NEWPORT BLVD (Courtyards) 2855 PINECREEK DR (Villa Martinique) _ 360 W WILSON ST (Wilson Park) _ 2701 FAIRVIEW RD (OCC) _ 2200 HARBOR BLVD (K -Mart Center) 2501 PLACENTIA AV (Estancia Park) _ 1250 ADAMS AV (Villa Sienna) _ 2885 FAIRVIEW RD (Villa Sienna) _ 901 SOUTH COAST DR (Metro Point) _ 3030 HARBOR BLVD (Costa Mesa Square) _ 360 OGLE ST (Pinkley Park) _ 1441 GISLER AV (Motel 6) _ 2700 PETERSON PL (Harbor Greens) _ 3143 BEAR ST (Shiffer Park) _ 970 ARLINGTON DR (Tewinkle Park) _ 3400 AV OF THE ARTS (The Lakes) _ 257 E 16TH ST (Heller Park) _ 3333 BEAR ST (Plaza West) _ 3400 SMALLEY RD (Smalley Park) _ 1870 HARBOR BLVD (The Triangle) _ 2602 NEWPORT BLVD (Arco/Jack in the Box) _ 2205 HARBOR BLVD (New Harbor Inn) _ 2180 HARBOR BLVD (Albertsons Center) _ 1780 HUMMINGBIRD DR (Tanager Park) _ 655 W BAKER ST (Oakwood Apts) _ 1250 GISLER AV (Gisler Park) _ 425 E 18TH ST (Harper Park) _ 265 MONTE VISTA AV (MVHS) 900 ARLINGTON DR (Skate Park) _ 1830 NEWPORT BLVD (Goat Hill Tavern) _ 400-450 ENCLAVE CIR (The Enclave) _ 2544 NEWPORT BLVD (Regecy Inn) _ 2701 HARBOR BLVD (Mesa Verde Center) _ 1855 PARK AV (Library) _ 220 23RD ST (Lindbergh Park) _ 970 ARBOR ST (Canyon Park) _ 99 FAIR DR (Main Station) _ 79 FAIR DR (Communications) _