Agenda packet — Costa Mesa City Council, February 1, 2022 (part 7 of 8)

City 13929
1197
CCMC SECT. CITED AMOUNT
13-323, 13-26, 20-12 (ii), 13-93 ( e ) 600
20-12 (ii), 13-323, 13-26, 13-93 ( e ) 600
13-323, 13-26, 20-12 (ii), 13-93 ( e ) 600
13-323, 13-26, 20-12 (ii), 13-93 ( e ) 600
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 450
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 900
13-26, 20-12(ii), 13-323 900
13-26, 20-12(ii), 13-323 900
13-26, 20-12(ii), 13-323 400
13-26, 20-12 (ii), 13-323 450
13-26, 20-12(ii), 13-323 450
13-26, 20-12 (ii), 13-323 450
13-26, 20-12 (ii), 13-323 450
13-26, 13-200.88, 13-311, 20-12 600
9-372, 13-26, 13-323, 20-12 600
13-26, 13-311, 20-12(ii) 450
13-26, 13-311, 20-12(ii) 450
13-26, 13-311, 20-12 ( e ), 20-12 (ii) 1650
13-26, 13-311, 20-12 (ii), 20-12 ( e ) 1650
13-26, 13-311, 20-12 (ii) 450
13-26, 13-311, 20-12 (ii) 450
13-311, 20-12(ii), 13-26 450
13-26, 20-12 (ii), 13-311 450
13-26, 13-200.88,13-311,20-12 600
13-26,13-200.88, 13-311, 20-12 600
13-26, 20-12 (ii), 13-311 450
13-26, 20-12 (ii), 13-311 450
13-26, 20-12 (ii), 13-311 450
13-26, 13-311, 20-12 (ii) 1500

Page 6 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13930
1198

CITATION ISSUE DATE VIOLATION
ADDRESS STREET NO. CITE NO. (LAST) FIRST NAME
109 06/22/18 Hudson Avenue 783 40548 Shinder Darryl
110 06/15/18 Hudson Avenue 783 40543 Shinder Darryl
111 06/15/18 Hudson Avenue 783 40542 Norwood Kenneth
112 06/07/18 Hudson Avenue 783 40540 Shinder Darryl
113 06/07/18 Hudson Avenue 783 40541 Norwood Kenneth
114 11/29/18 Jeffrey Drive 3018 40507 Investments LLC SSMS 115 11/29/18 Jeffrey Drive 3016 40504 Services Inc National Theraputic 116 11/29/18 Jeffrey Drive 3016 40505 Services Inc National Theraputic 117 11/29/18 Jeffrey Drive 3018 40506 Services Inc National Theraputic 118 11/21/18 Jeffrey Drive 3016 40497 n/a National Therapeutic Services 119 11/21/18 Jeffrey Drive 3016 40498 n/a National Therapeutic Services 120 11/21/18 Jeffrey Drive 3018 40500 n/a National Therapeutic Services 121 11/21/18 Jeffrey Drive 3018 40501 n/a S5MS Investments LLC 122 11/13/18 Jeffrey Drive 3016 40488 n/a National Therapeutic Services 123 11/13/18 Jeffrey Drive 3016 40489 n/a National Therapeutic Services 124 11/13/18 Jeffrey Drive 3018 40490 n/a National Therapeutic Services 125 11/13/18 Jeffrey Drive 3018 40491 n/a S5MS Investments LLC 126 01/18/18 Joann 647 42405 Perlin Richard
127 01/18/18 Joann 653 42408 Perlin Richard
128 01/18/18 Joann 647 42404 Stump Brandon
129 01/18/18 Joann 653 42407 Stump Brandon
130 09/23/16 Joann 594 42081 Benton Earl
131 02/08/18 Joann Street 647 40938 Stump Brandon
132 02/08/18 Joann Street 647 40939 Perlin Richard
133 02/08/18 Joann Street 653 40940 Stump Brandon
134 02/08/18 Joann Street 653 40941 Perlin Richard
135 01/29/18 Joann Street 647 40929 Stump Brandon
136 01/29/18 Joann Street 647 40930 Perlin Richard
137 01/29/18 Joann Street 653 40931 Stump Brandon
138 01/29/18 Joann Street 653 40933 Perlin Richard
139 09/06/16 Johnson 3063 41555 Peacock Nancy
140 11/29/18 Knox Street 268 40502 Recovery LLC Raw
141 11/29/18 Knox Street 268 40503 Douglas L Trust Allenthrop 142 11/21/18 Knox Street 268 40495 n/a Raw Recivery LLC 143 11/21/18 Knox Street 268 40496 n/a Allenthrop Douglas L Trust 144 11/13/18 Knox Street 268 40492 n/a Raw Recovery LLC 145 11/13/18 Knox Street 268 40493 n/a Allenthrop Douglas L Trust

Page 7 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13931
1199
CCMC SECT. CITED AMOUNT
13-26, 13-311, 20-12 (ii) 1500
20-12(ii), 13-26, 13-311 900
20-12 (ii), 13-26, 13-311 900
20-12 (ii), 13-26, 13-311 450
13-26, 13-311, 20-12 (ii) 450
13-323, 13-26, 20-12(ii) 1,500.00
13-323, 13-26, 20-12(ii) 1,500.00
20-12(ii) 13-323-13-26 1,500.00
13-323, 13-26, 20-12(ii) 1,500.00
20-12(ii), 13-323, 13-26 900
13-323, 13-26, 20-12(ii) 900
13-323, 13-26, 20-12(ii) 900
13-323, 13-26, 20-12 (ii) 900
13-323, 13-26, 20-12(ii) 450
13-26, 13-323, 20-12 (ii) 450
13-323, 13-26, 20-12(ii) 450
13-323, 13-26, 20-12(ii) 450
13-311, 13-36, 20-12(ii) 450
13-311, 13-36, 20-12(ii) 450
13-311, 13-36, 20-12(ii) 450
13-311, 13-36, 20-12(ii) 450
13-26, 13-311, 20-12 150
13-311, 13-36, 20-12 (ii) 1500
13-311, 13-26, 20-12 (ii) 1500
13-311, 13-26, 20-12 (ii) 1500
13-311, 13-26, 20-12 (ii) 1500
13-311, 13-26, 20-12 (ii) 900
13-311, 13-26, 20-12 (ii) 900
13-311, 13-26, 20-12 (ii) 900
13-311, 13-26, 20-12 (ii) 900
13-26, 9-372 150
13-323, 13-26, 20-12(ii) 1,500.00
13-323, 13-26-20-12 (ii) 1,500.00
13-323, 13-26, 20-12(ii) 900
13-323, 13-26, 20-12 (ii) 900
13-323, 13-26, 20-12(ii) 450
20-12(ii), 13-26, 13-323 450

Page 8 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13932
1200

CITATION ISSUE DATE VIOLATION
ADDRESS STREET NO. CITE NO. (LAST) FIRST NAME
146 01/25/18 La Salle 2829 40928 Oded Ben-Ezer
147 05/19/16 La Salle 2829 41336 Riley Sheldon
148 05/19/16 La Salle 2829 41337 Family Trust Ben Ezer
149 07/21/16 La Salle 2876 42035 Arellana Margarita
150 02/16/18 Marseilles Way 2450 40040 n/a Lotus Place Recovery LLC 151 02/16/18 Marseilles Way 2450 40041 Ulanovsky Mark D. 152 05/10/18 Mckinley Way 3124 40527 n/a Playa House, Inc. 153 05/10/18 Mckinley Way 2124 40526 n/a Martin Stefani/Martin Tom 154 04/16/18 Mendoza Drive 2869 40961 n/a Clean Path Recovery LLC 155 04/15/18 Mendoza Drive 2869 40962 n/a Lucy Lee Holdings LLC 156 03/12/18 Mendoza Drive 2869 40107 n/a Lucy Lee Holdings, LLC 157 03/12/18 Mendoza Drive 2869 40106 n/a Clean Path Recovery, LLC 158 02/05/18 Mendoza Drive 2869 40935 Heiligman Lee
159 02/05/18 Mendoza Drive 2869 40936 Lucy Lee Holdings LLC 160 07/27/16 Monte Vista 298 41667 Scholten Hendrik
161 02/01/19 Olympic Ave. 13741 40701 Nicolau Kevin & Tiffany 162 02/01/19 Olympic Avenue 13741 40700 N/A REMY OC LLC 163 09/05/18 Oranage Avenue 1509 40692 n/a Nexgen Management LLC 164 08/14/18 Oranage Avenue 1509 41706 n/a Hotel California by the Sea LLC 165 06/29/16 Orange 2412 41961 Maurer Wendy
166 07/11/16 Orange 2558 41967 Saywitz Barry
167 07/12/16 Orange 2558 41971 Lodges Inc. The
168 07/13/16 Orange 1513 42080 by the Sea LLC Hotel California 169 07/15/16 Orange 1775 42032 Recovery LLC Morningside 170 07/18/16 Orange 1897 42033 Zumwalt Richard & Nanette 171 07/18/16 Orange 1897 42034 Center Lead Recovery
172 08/09/16 Orange 2412 40575 Giddings Mark & Christy
173 08/09/16 Orange 2412 40576 Maurer Wendy
174 08/19/16 Orange 2558 40583 Saywitz Barry
175 08/19/16 Orange 2558 40584 LLC Morningside Recovery 176 09/07/16 Orange 2558 40591 Saywitz Barry
177 10/13/16 Orange 2558 40596 LLC Morningside Recovery 178 10/14/16 Orange 2558 40597 LLC Morningside Recovery 179 11/01/16 Orange 2558 40602 LLC Morningside Recovery 180 10/11/17 Orange Ave. 1509 40054 Mangement LLC NexGen 181 10/11/17 Orange Ave. 1509 40056 By the Sea Hotel California 182 11/01/18 Orange Avenue 2417 41693 n/a Northbound Treatment Services

Page 9 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13933
1201
CCMC SECT. CITED AMOUNT
13-311, 13-26, 20-12 (ii) 450
13-26,13-200.88, 13-323, 9-372, 20-12 600
12-26, 13-200.88, 13-311, 20-12 600
13-26, 20-12(ii), 9-372, 20-12(hh) 150
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 13-311, 20-12 (ii) 450
13-26, 13-311, 20-12 (ii) 450
13-26, 20-12 (ii), 13-323, CBC 105.1 2000
13-26, 20-12 (ii), 13-323, CBC 105.1 2000
13-26, 20-12 (ii), 13-323, 20-12 (n), CBC 1500
13-26, 20-12 (ii), 13-323, 20-12 (n), CBC 1500
13-26, 20-12 (ii), 13-323, 20-12 (n), CBC 750
13-26, 20-12 (ii), 13-323, 20-12 (n), CBC 750
13-26, 9-372 150
13-26, 20-12(ii), 13-311 450.00
13-26, 20-12(ii), 13-311 450.00
13-26, 13-323, 20-12(ii) 1500
20-12 (ii), 13-26, 13-323 900
13-26, 13-200.88, 13-311, 20-12 1200
13-26, 13-311, 20-(ii) 150
13-26,9-372,20-12(ii), 20-12(hh) 450
13-26, 13-311, 20-12 450
13-26,9-372,20-12(II), 20-12 (hh) 600
13-26, 9-372, 2042(ii), 20-12(hh) 600
13-26, 20-12(ii), 9-372, 20-12(hh) 600
13-26, 13-311, 20-12(ll) 1500
13-26,20-12(ii), 13-311 1500
13-26, 9-372, 20-12(ll) 900
9-372, 13-26, 20-12(ll) 450
9-372, 13-26, 20-12(ll) 1500
9-372, 13-26, 20-12(ll) 900
9-372, 13-26, 2012(ll) 900
9-372, 13-26, 20-12 1500
13-26, 13-323, 20-12(ii) 450
13-26, 13-323, 20-12(ii) 450
13-26, 20-12 (ii), 13-323 1500

Page 10 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13934
1202

CITATION ISSUE DATE VIOLATION
ADDRESS STREET NO. CITE NO. (LAST) FIRST NAME
183 11/01/18 Orange Avenue 2417 41694 n/a Orange Acres LLC 184 10/26/18 Orange Avenue 2417 40480 n/a Northbound Treatment Services 185 10/26/18 Orange Avenue 2417 40481 n/a Orange Acres LLC 186 10/16/18 Orange Avenue 2417 41685 n/a Orange Acres LLC 187 10/16/18 Orange Avenue 2417 41686 n/a Northbound Treatment Services 188 09/05/18 Orange Avenue 1509 40694 n/a Hotel California by the Sea LLC 189 08/14/18 Ornage Avenue 1509 41705 n/a Nexgen Management LLC 190 05/30/19 Pamela Lane 2258 40747 Family Trust Boctor 191 01/08/19 Paularino Ave. 959 40513 House Inc. Playa
192 01/08/19 Paularino Ave. 959 40514 Dalal Abedrabo
193 12/10/18 Paularino Avenue 949 40509 House Inc Playa 194 12/10/18 Paularino Avenue 959 40510 Dalal Abedrabo
195 10/08/18 Paularino Avenue 959 41681 Dalal Abe drabo 196 10/08/18 Paularino Avenue 959 41683 n/a Playa House, Inc. 197 06/13/16 Pierpoint 598 41956 Moheinani Gina
198 12/07/17 Plumer 697 40018 Recovery Pillars
199 12/07/17 Plumer 697 40019 LLC Heathers-Plumer
200 10/24/17 Plumer 697 40003 Recovery Pillars
201 10/24/17 Plumer 697 40004 Plumer LLC Heathers
202 10/09/18 Plumeria Place 3465 40477 n/a Nguyen Loc Van/ Nguyen Hong 203 10/09/18 Plumeria Place 3465 40478 n/a Mainstay Recovery LLC 204 10/13/16 Pomona 2162 41558 Martin Jose Roma & Maria G 205 10/17/16 Pomona 1798 40598 Properties One LLC Barry Saywitz 206 10/17/16 Pomona 1798 40599 LLC Morningside Recovery 207 03/20/18 Pomona Ave 2265 B 2267 B 42417 n/a Clean Path Recovery LLC 208 03/20/18 Pomona Avenue 2275 2277 42420 n/a Lucy Lee Holdings LLC 209 03/20/18 Pomona Avenue 2275 2277 42419 n/a Clean Path Recovery LLC 210 03/20/18 Pomona Avenue 2265 B 2267 B 42418 n/a Pomona Assoc CM LLC 211 03/05/18 Pomona Avenue 2275 2277 40668 n/a Lucy Lee Holdings LLC 212 03/05/18 Pomona Avenue 2275 2277 40667 n/a Clean Path Recovery LLC 213 03/05/18 Pomona Avenue 2265 B 2267 B 40666 n/a Pomona Assoc CM LLC 214 01/30/18 Pomona Avenue 2265 (Unit B) 2267 40032 n/a Clean Path Recovery LLC 215 01/30/18 Pomona Avenue 2265 (Unit B) 2267 40033 CM LLC Pomona Association 216 01/29/18 Pomona Avenue 2275 2277 40026 n/a Lucy Lee Holdings LLC 217 01/29/18 Pomona Avenue 2275 2277 40028 n/a Clean Path Recovery LLC 218 03/24/17 Royce 3044 40885 Brown Gillian
219 11/07/18 San Bernardino Place 1589 40482 n/a The Ohio House, LLC

Page 11 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13935
1203
CCMC SECT. CITED AMOUNT
13-26, 20-12(ii), 13-323 1500
13-26, 20-12(ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12, 13-323 450
13-26, 20-12, 13-323 450
13-26, 13-323, 20-12 (ii) 1500
13-26, 13-323, 20-12 (ii) 900
13-26, 20-12(ii), 13-323 450.00
20-12(ii), 13-26-13-311 1,500.00
20-12(ii), 13-20, 13-311 1,500.00
20-12(ii), 13-26, 13-311 900.00
20-12(ii), 13-26, 13-311 900.00
13-311, 20-12 (ii), 13-26 450
13-311, 20-12(ii), 13-26 450
13-226,13-200.88,13-323,9-372,20-12II 1650
13-26, 13-323, 20-12(ii) 900
13-26, 13-323, 20-12(ii) 900
13-26, 13-323, 20-12(ii) 450
13-26, 13-323, 20-12(ii) 450
13-26, 20-12 (ii), 13-311 450
13-26, 20-12 (ii), 13-311 450
9-372, 13-26 600
9-372, 13-26, 20-12(ll) 450
9-372, 13-26, 20-12(ii), 450
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 2500
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 2500
20-12, 13-26, 13-323, 20-12 (n), CBC 2500
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 2500
13-26, 13-323, 20-12 Iii), 20-12 (n), CBC 1500
20-12 (ii), 13-26, 13-323, 20-12 (n), CBC 1500
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 1500
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 750
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 750
13-26, 13-323, 20-12 (ii) 450
13-26, 13-323, 20-12 (ii) 450
13-26, 13-311 150
13-26, 13-323, 20-12(ii) 1500

Page 12 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13936
1204

CITATION ISSUE DATE VIOLATION
ADDRESS STREET NO. CITE NO. (LAST) FIRST NAME
220 11/07/18 San Bernardino Place 1589 40483 n/a Barry Saywitz Properties One 221 11/07/18 San Bernardino Place 1578 40485 Fabrizio Pauri 222 10/25/18 San Bernardino Place 1578 42311 n/a The Ohio House, LLC 223 10/25/18 San Bernardino Place 158 42312 Fabrizio Panri 224 10/25/18 San Bernardino Place 1589 42313 n/a The Ohio House, LLC 225 10/25/18 San Bernardino Place 1589 42314 n/a Barry Saywitz Properties One 226 09/10/18 San Bernardino Place 1578 41718 Fabrizio Pauri 227 09/10/18 San Bernardino Place 1589 41715 n/a The Ohio House, LLC 228 09/10/18 San Bernardino Place 1578 41717 n/a The Ohio House, LLC 229 09/10/18 San Bernardino Place 1589 41716 n/a Barry Saywitz Properties One 230 08/18/16 Santa Ana 2641 40581 LLC Bjormad LA
231 08/18/16 Santa Ana 2641 40582 & Addiction Night Psychology 232 10/13/16 Santa Ana 2641 40595 & Addiction Inc. Inshght Psychology 233 05/31/18 Tours Lane 334 40454 n/a 334 Tourt Trust
234 05/17/18 Tours Lane 336 40683 Anderson Joanne
235 05/17/18 Tours Lane 336 40682 n/a Chadwick House LLC 236 05/17/18 Tours Lane 334 40681 n/a 334 Tours Trust
237 05/17/18 Tours Lane 334 40680 n/a Chadwick House LLC 238 03/21/18 Tours Lane 336 40953 n/a Chadwick House LLC 239 03/21/18 Tours Lane 336 40954 Anderson Joanne
240 03/20/18 Tours Lane 334 42422 n/a Chadwick House LLC 241 03/20/18 Tours Lane 334 42421 n/a 334 Tours Trust
242 02/16/18 Tours Lane 334 40042 n/a Chadwick House LLC 243 02/16/18 Tours Lane 334 40043 Kimmes Nancy
244 02/16/18 Tours Lane 336 40044 n/a Chadwick House LLC 245 02/16/18 Tours Lane 336 40045 Anderson Joanne
246 07/11/16 Tulip 175 41965 Roya Rohanaki
247 07/11/16 Tulip 175 41966 Recovery Inc. Compass Rose 248 08/12/16 Tulip 175 40579 Roya Sohanaki
249 08/12/16 Tulip 175 40580 Recovery Inc. Compass Rose 250 08/31/16 Tulip 175 40587 Roya Sohanaki
251 08/31/16 Tulip 175 40588 Recovery Inc. Congress Rose 252 08/08/16 Tustin 2421 41973 Capital, LLC Evergreen Investment 253 08/08/16 Tustin 2421 41974 Sabahi Sonni
254 08/29/16 Tustin 2421 40585 Capital LLC Evergreen Investment 255 08/29/16 Tustin 2421 40586 Sabahi Sonni
256 09/13/16 Tustin 2421 40593 Capital LLC Evergreeen Invest.

Page 13 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13937
1205
CCMC SECT. CITED AMOUNT
13-323, 13-26, 20-12 (ii) 1500
13-323, 13-26, 20-12 (ii) 1500
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12(ii), 13-323 450
13-26, 20-12(ii), 13-323 450
13-26, 20-12(ii), 13-323 450
13-26, 20-12(ii), 13-323 450
9-372, 13-26, 13-23, 20-12 (ll) 600
9-372, 13-26, 13-323, 20-12(n), 20-12(ll) 750
9-372, 13-26, 20-12(ll) 1200
13-26, 13-322, 20-12 (ii) 1500
13-26, 13-322, 20-12 (ii) 1500
20-12 (ii), 13-26, 13-322 1500
13-26, 13-322, 20-12 (ii) 900
13-26, 13-322, 20-12 (ii) 1500
13-26, 13-322, 20-12 (ii) 900
13-26, 13-322, 20-12 (ii) 900
20-12 (ii), 13-26, 13-322 900
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 9-372, 20-12(ii) 450
13-26, 13-311, 20-12(ii) 450
13-26, 13-311, 20-12(ll) 900
13-26, 13-311, 20-12(ll) 900
13-26, 13-311, 21-12(ll) 1500
13-26, 13-311, 2012(ll) 1500
13-26, 9-372, 20-12(ii) 750
13-30, 13-26,13-200.88, 13-311, 20-12 750
13-26, 13-30(9.1), 13-311, 20-12(ll) 1200
13-26, 13-30(9.1), 13-311, 20-12 1200
13-26, 13-30, 13-311-20-12(ll) 2000

Page 14 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13938
1206

CITATION ISSUE DATE VIOLATION
ADDRESS STREET NO. CITE NO. (LAST) FIRST NAME
257 09/13/16 Tustin 2421 40594 Sabahi Sonni
258 05/11/18 Tustin Avenue 2175 40531 n/a The Ohio House, LLC 259 05/11/18 Tustin Avenue 2175 40530 n/a AQABA LLC
260 04/05/18 Tustin Avenue 2175 40956 n/a 96 Discovery
261 04/05/18 Tustin Avenue 2175 40957 n/a The Ohio House LLC 262 02/27/18 Tustin Avenue 2175 42412 n/a AQABA LLC
263 02/17/18 Tustin Avenue 2175 42413 n/a The Ohio House LLC 264 06/02/16 Valencia 1009 41955 Recovery LLC Morningside 265 07/07/16 Valencia 1009 41963 Saywitz Barry
266 07/07/16 Valencia 1009 41964 Recovery LLC Morningstar 267 08/10/16 Valencia 1009 40577 Saywitz Barry
268 08/10/16 Valencia 1009 40578 LLC Morningside Recovery 269 09/06/16 Valencia 1009 40589 Saywitz Barry
270 09/06/16 Valencia 1009 40590 Recovery Inc. Monringside 271 12/06/17 Victoria 310 40016 Cefalia James John
272 10/31/17 Victoria 310 40009 Project Corp Sober Partners 273 10/31/17 Victoria 310 40010 Cefalia James John
274 06/20/18 Victoria Street 357 40547 Bartolone Damon
275 06/20/18 Victoria Street 357 40546 n/a Windward Way Recovery LLC 276 06/20/18 Victoria Street 351 40545 Bartolone Damon
277 06/20/18 Victoria Street 351 40544 n/a Windward Way Recovery LLC 278 06/12/18 Victoria Street 357 40197 n/a Windward Way Recovery, LLC 279 06/12/18 Victoria Street 357 40196 Bartolone Damon
280 06/12/18 Victoria Street 351 40194 n/a Windward Way Recovery, LLC 281 06/12/18 Victoria Street 351 40193 Bartolone Damon
282 06/04/18 Victoria Street 357 40538 n/a Windward Way Recovery LLC 283 06/04/18 Victoria Street 357 40537 Bartolone Damon
284 06/04/18 Victoria Street 351 40536 n/a Windward Way Recovery 285 06/04/18 Victoria Street 351 40535 Bartolone Damon
286 03/01/16 Virginia 120 41975 Burns Cindy
287 04/08/19 Virginia Pl 175 40733 Treatment Svces. Northbound 288 04/08/19 Virginia Pl 175 40734 Equities LLC Norah
289 03/13/19 Virginia Pl 175 40725 Treatment Svces. Northbound 290 03/13/19 Virginia Pl 175 40726 Equities LLC Norah
291 02/05/19 Virginia Pl 175 40702 Treatment Svces. Northbound 292 02/05/19 Virginia Pl 175 40704 Equities LLC Norah
293 12/06/17 W. Bay Street, Unit S 431 40013 Recovery Services California Prime

Page 15 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13939
1207
CCMC SECT. CITED AMOUNT
13-26, 13-30(a.1), 13-311, 20-12(ll) 2000
13-26, 13-323, 20-12 (ii) 1500
13-26, 13-323, 20-12(ii) 1500
13-26, 13-323, 20-12 (ii) 900
13-26, 13-323, 20-12 (ii) 900
13-26, 13-323, 20-12 (ii) 450
13-26, 13-323, 20-12 (ii) 450
13-226,13-200.88,13-323,9-372,20- 750
13-326, 13-200.88, 13-311, 20-12 600
13-26, 9-372, 20-12(ii), 20-12 (hh) 450
13-26, 9-372, 20-12(ll) 900
13-26, 9-372, 20-12 (ll) 900
13-26, 9-372, 20-12(ll) 1500
9-372, 13-26, 20-12(ll) 1500
13-26, 13-323, 20-12(ii) 900
13-26, 13-323, 20-12(ii) 450
13-26, 13-323, 20-12(ii) 450
13-26, 13-323, 20-12 (ii) 1500
13-323, 13-26, 20-12(ii) 1500
13-26, 13-323, 20-12 (ii) 1500
20-12 (ii), 13-26, 13-323 1500
13-26, 13-323, 20-12 (ii) 900
13-26, 13-323, 20-12 (ii) 900
13-26, 13-323, 20-12 (ii) 900
13-323, 13-26, 20-12 (ii) 900
13-323, 13-26, 20-12 (ii) 450
13-26, 13-323, 20-12 (ii) 450
13-26, 13-323, 20-12 (ii) 450
20-12 (ii), 13-26, 13-323 450
13-30(9.1), 13-26, 13-200-.88, 13-311, 150
13-26, 20-12(ii), 13-322 1,500.00
20-12(ii), 13-26, 13-322 1,500.00
13-26, 20-12(ii), 13-322 900.00
13-26, 20-12(ii), 13-322 900.00
13-26, 20-12 (ii), 13-322 450.00
20-12(ii), 13-26, 13-322 450.00
12-26, 20-12, 13-322 450

Page 16 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13940
1208

CITATION ISSUE DATE VIOLATION
ADDRESS STREET NO. CITE NO. (LAST) FIRST NAME
294 12/06/17 W. Bay Street, Unit S 431 40014 C/O Robert Crossley 431 Bay Street, LLC 295 12/06/17 W. Coast Hwy., Suite 300 3101 40015 Project Corp Sober Partners 296 05/02/19 Wallace Avenue 2068 40714 OC LLC Focus
297 05/02/19 Wallace Avenue 2068 40715 Shores Recovery Sunset 298 10/25/16 Wilson W 580 41564 Hilario Angel
299 11/28/16 Wilson W 580 41573 Hilario Angel

Page 17 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13941
1209
CCMC SECT. CITED AMOUNT
13-26, 20-12, 13-322 450
13-26, 13-323, 20-12(ii) 900
20-12(ii), 13-26, 13-323 450.00
20-12(ii), 13-26, 13-323 450.00
9-372, 13-26, 13-323, 20-12 1200
9-732, 13-26, 13-323, 20-12(ll) 2000

Page 18 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13942
1210

ARIOS, JUSTIN
From: Jason Brewer <[email protected]>
Sent: Thursday, September 16, 2021 1:33 PM
To: Housing Element; [email protected]
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Comment re Chapter 3 of City of Costa Mesa’s Draft Housing Element, 2021-2029 Attachments: Table 1.pdf; Table 2.pdf; Table 3.pdf
Greetings,

I submit the following comment in response to Chapter 3 of the City of Costa Mesa’s Public Review Draft (August 2021):

Starting at page 3-45, the Public Review Draft (August 2021) addresses Affirmatively Furthering Fair Housing (AFFH). This section of the City’s Housing Element fails to address the requirements set forth in Government Code § 65583 and disregards the City’s own discriminatory housing practice reflected in its Zoning Code and its treatment of Supportive Housing for disabled persons (defined as Group Homes by the City).

The City’s Draft Housing Element is grossly inadequate because it fails to address the greatest source of housing discrimination in Costa Mesa: The City of Costa Mesa itself.

Nowhere does the Draft Housing Element address the effect of the City’s discriminatory zoning regulations against Group Homes (i.e., Supportive Housing for persons with disabilities.)

If Supportive Housing provides housing to persons with disabilities, then the City defines and classifies that residential use as a “Group Home”:

Group home. A facility that is being used as a supportive living environment for persons who are considered handicapped under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one (1) or more dwelling units. Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single housekeeping unit.

The definition of Group Home includes Sober Living Homes, which are defined as: 1211

Sober living home means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under state or federal law. Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit.

Since the City’s last Housing Element in 2013, the City has engaged in a pattern or practice of discrimination against Supportive Housing, specifically, Group Homes and Sober Living Homes.

Attached to this email is a chart that illustrate the effect of the City’s discrimination against Group Homes. It shows that even though Group Homes make up an infinitesimal percentage of the total number of dwellings in Costa Mesa, the City’s discriminatory zoning practices have further reduced the number of housing opportunities for persons with disabilities.

No new Group Homes have opened in the City since 2015 following the City adoption of Ordinance 14-13 (enacting Zoning Code Chapter XV) and Ordinance 15-11 (enacting Zoning Code Chapter XVI).

The City acknowledges in public records that as of in 2017, there were only existing 99 Group Homes in Costa Mesa, comprising 0.002% of the total number of dwellings in Costa Mesa (42,867). (See Table 1 attached to this email.)

Each of those 99 Group Homes was subject to the City’s discriminatory zoning regulations under Zoning Code Chapters XV and XVI, which prohibited each of the 99 Group Homes to continue providing housing to disabled persons unless they obtained a permit.

Of the 99 Group Homes, 76 homes applied for permits pursuant to either Zoning Code Chapter XV or Chapter XVI. The others quit the process as futile in light of the City’s unwavering policy of discrimination.

Of the 76 Group Homes that applied for permits pursuant to either Zoning Code Chapter XV or Chapter XVI, the City granted by 2919 only 14 permits, the remainder were denied by the City or abandoned the application process as futile. The last permit granted was in 2019; no new applications for permits have been submit because the City’s policy of discrimination deters person seeking to provide Supportive Housing to persons with disabilities. 1212

Group Homes without permits are subject to citation, criminal prosecution and civil abatement by the City. The City has aggressively cited Group Homes that provide housing to disabled persons but lack a City-issued permit. (See Tables 2 and 3 attached to his email.)

To date, the City has also sued 11 Supportive Housing providers as a “public nuisance” solely on the basis that each provides Supportive Housing to persons with disabilities but lacks a City-issued permit pursuant to Zoning Code Chapter XV or Chapter XVI.

Under the City’s Zoning Code the only zoning district in which Group Homes are permit of right is the Institutional and Recreational district, which is expressly reserved for non-residential uses. (CMMC 13-30 Table: Land Use Matrix.)

The complete failure of the City’s Housing Element, 2021-2029 (Public Review Draft) to discuss – let alone address -- the City’s pattern or practice of zoning discrimination not only offends Government Code § 65008, but utterly fails to meeting the statutory requirements pursuant to Government Code § 65583(c)(10) regarding the City’s compliance with Government Code § 8899.50(a)(1) (“affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity . . . fostering and maintaining compliance with civil rights and fair housing laws.”)

Thank you for your consideration.

Jason Brewer
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
1213
Application of City’s Regulation of Group Homes, Zoning Code Chapters XV and XVI 2010:
42,867
Dwellings in
Costa Mesa
2017:
99 Sober Living Homes in
Costa Mesa
2018:
76 Applications
submitted by unlicensed
and licensed Sober
Living homes subject
Zoning Code Chapters
XV (14-13) or XVI (15-
11)
2018:
13 Permits Granted
under Zoning Code
Chapters XV (14-13) or XVI
(15-11)
2019:
14 Permits Granted under
Code Chapters XV (14-13) or XVI
(15-11)
Total for 2010:
42,867 dwellings
“Based on the most recent
data compiled by City staff,
there are approximately 99
sober living homes within
Costa Mesa. Of these, 38 are
located in single-family
neighborhoods and 61 are
within multi-family
residential zones.”
“The City has received
applications for 65 sober
living homes and 11
licensed treatment
facilities that are subject
to compliance with
Ordinance Nos. 14-13
and 15-11.”
“Twelve (12) sober living
homes serving six or fewer
residents have been
approved by the City, and
one sober living home
serving 13 men has been
approved.”
“Twelve sober living homes
serving six or fewer residents have
been approved by the City, and
two sober living homes serving
seven or more residents have
been approved by the City.”
(City Housing
Element, 2013-
2021, CityGP
248)
(City PCAR, 08/28/2017, City
12946; City PCAR,
08/28/2017, City 12748)
(City PCARs,
01/08/2018, City 8132,
7494, 6928, 9975,
10670; City PCARs,
07/08/2018, City 11972,
11448)
(City PCARs, 01/08/2018,
City 8132, 7494, 6928,
9975, 10670; City PCARs,
07/08/2018, City 11972,
11448)
(City PCAR, 02/11/2019, City
13504)
42,867 99/42,867 = 0.002% 76/99 = 77% • 13/76 = 17%
• 13/99 = 13%
• 13/42,867 = 0.0003%
• 14/76 = 18%
• 14/99 = 14%
• 14/42,867 = 0.0003%
1214
Group Homes Cited WEB

CITATION ISSUE DATE VIOLATION
ADDRESS STREET NO. CITE NO. (LAST) FIRST NAME
1 10/04/16 16th Pl. 413 40883 Course LLC Stay the
2 10/04/16 16th Pl. 4134 40884 Flower Cypress
3 06/01/16 18th E. 116 41475 Grant Sherry
4 04/08/19 18th St. E 235 40735 Alexander LLC Walton
5 04/08/19 18th St. E 235 40736 Recovery LLC Raw
6 04/08/19 18th St. E 241 40737 Alexander LLC Walton
7 04/08/19 18th St. E 241 40738 Recovery LLC Raw
8 03/15/19 18th St. E 235 40727 Treatment Svces. Northbound 9 03/15/19 18th St. E 235 40728 Recovery LLC Raw
10 03/15/19 18th St. E 235 40729 Alexander LLC Walton
11 03/15/19 18th St. E 241 40730 Treatment Svces. Northbound 12 03/15/19 18th St. E 241 40731 Recovery LLC Raw
13 03/15/19 18th St. E 241 40732 Alexander LLC Walton
14 02/05/19 18th St. E 235 40707 Alexander LLC Walton
15 02/05/19 18th St. E 235 40708 Treatment Svces. Northbound 16 02/05/19 18th St. E 235 40709 Recovery LLC Raw
17 02/05/19 18th St. E 241 40710 Alexander LLC Walton
18 02/05/19 18th St. E 241 40711 Treatment Svces. Northbound 19 02/05/19 18th St. E 241 40712 Recovery LLC Raw
20 10/04/16 18th St. W 679 40881 Saywitz Prop. One Barry 21 10/04/16 18th St. W 679 40882 The Discovery Houses Morningside Recovery 22 11/07/16 18th W. 679 41570 Morningside Recovery LLC Discovery Houses 23 11/07/16 18th W. 685 41571 Discovery Houses Morningside Recovery 24 11/29/16 18th W. 679 40351 Saywitz Properties One Barry 25 11/29/16 18th W. 679 40353 LLC/Discovery Houses Morningstar Recovery 26 12/01/16 18th W. 685 40356 LLC/Discovery Houses Morningstar Recovery 27 12/01/16 18th W. 685 40358 Properties Two Barry Saywitz 28 02/12/19 19th St. W 864 20399 Photoglou Living Trust Mark 29 11/07/16 19th W 679 41572 Properties One Barry Saywitz 30 10/13/16 21st E 175 41560 Norwood Kenneth
31 07/20/16 23rd 160 41652 Recovery LLC Windward Way
32 07/20/16 23rd 160 41654 LLC DZ
33 07/21/16 23rd 165 41655 Garden LLC Aunties
34 07/21/16 23rd 165 41656 Recovery LLC Windward Way

1215
CCMC SECT. CITED AMOUNT
9-372, 13-26, 13-323, 20-12 450
13-26, 13-311 450
13-26, 9-372 300
13-26, 20-12(ii), 13-323 1,500.00
13-26,20-12(ii), 13-323 1,500.00
13-26, 20-12(ii), 13-323 1,500.00
13-26, 20-12(ii), 13-323 1,500.00
20-12(ii), 13-26, 13-323 900.00
13-26, 20-12(ii), 13-323 900.00
13-26, 13-323, 20-12(ii) 900.00
20-12(ii), 13-26, 13-323 900.00
13-26, 20-12(ii), 13-323 900.00
13-26, 13-323, 20-12(ii) 900.00
20-12(ii), 13-26, 13-323 450.00
20-12(ii), 13-26, 13-323 450.00
20-12(ii), 13-26, 13-323 450.00
20-12(ii), 13-26, 13-323 450.00
20-12(ii), 13-26, 13-323 450.00
20-12(ii), 13-26, 13-323 450.00
9-372, 13-26 600
9-372, 13-26 600
9-372, 13-26, 13-323, 20-12 1200
9-372, 13-26, 13-323, 20-12(ll) 1200
9-372, 13-26, 13-323, 20-12 (ll) 2000
9-372, 13-26, 13-323, 20-12 (ll) 2000
9-372, 13-26, 13-323, 20-12 2000
9-372, 13-26, 13-323, 20-12 2000
105.1, 20-12(ii), 13-105(a), 20-6(o), 13- $2,100.00
9-372, 13-26, 13-323, 20-12(ll) 1200
9-372, 13-26, 13-323, 20-12 1200
13-26, 9-372 450
13-26, 9-372, 20-12 450
13-26, 9-372, 20-12 600
13-26, 9-372, 20-12(ii), 20-12 (hh) 600

1216

CITATION ISSUE DATE VIOLATION
ADDRESS STREET NO. CITE NO. (LAST) FIRST NAME
35 03/05/18 Adams Avenue 1650 40664 n/a Clean Path Recovery LLC 36 02/05/19 Albert Pl 114 40705 Recovery LLC Windward Way 37 02/05/19 Albert Pl 114 40706 Place Properties LLC Albert Pl 38 04/05/18 Albert Place 114 40117 n/a Albert Place Poroperties, LLC 39 04/05/18 Albert Place 114 40116 n/a Windward Way Recovery LLC 40 02/20/18 Albert Place 114 40945 n/a Winward Way Recovery, LLC 41 02/20/18 Albert Place 114 40947 n/a Albert Place Properties, LLC 42 07/21/16 Alder 2527 41660 Horluchi Ellen
43 07/26/16 Anaheim 1769 41661 Yates Raymond
44 07/26/16 Anaheim 1769 41663 Recovery LLC Morningside 45 07/27/16 Anaheim 1865 41665 Harold Jusine
46 09/09/16 Anaheim 1769 40875 Yates Raymond
47 04/16/18 Anaheim Avenue 2216 40960 n/a Playa House Inc 48 03/08/18 Anaheim Avenue 2216 40104 Pourmalek Reza
49 06/22/16 Babb 2959 41949 Moheimani Assad
50 04/12/19 Bernard Street 544 40739 Assets LLC Enclave 51 04/12/19 Bernard Street 544 40740 Recovery LLC Dream 52 09/05/18 Cabrillo Street 200, 202, 204, 206 40691 Connor Alice 53 09/05/18 Cabrillo Street 200, 202, 204, 206 40690 n/a Pacific Sho9res Recovery LLC 54 08/28/18 Cabrillo Street 200, 202, 204 206 40423 Connor Alice 55 08/28/18 Cabrillo Street 200, 202, 204 206 40423 Connor Alice 56 08/17/18 Cabrillo Street 200 202 204 206 41709 n/a Pacific Shores Recovery LLC 57 08/17/18 Cabrillo Street 200 202 204 206 41710 Connor Alice 58 01/25/18 Canadian Drive 3159 40927 I, LLC CDM Housing 59 06/12/18 Cecil Place 208 40462 n/a SoCal Recovery
60 06/12/18 Cecil Place 208 40460 n/a VDP Properties LP 61 03/19/18 Center Street 725 40110 n/a Asana Recovery
62 03/19/18 Center Street 725 40109 Malili Daniel
63 05/25/16 Cheyenne 1055 41948 Care Service Guardian Health 64 05/09/18 E. 16th Place 271 40678 n/a Carr Timothy WTW Revoc Tr 65 05/09/18 E. 16th Place 271 40677 n/a Casa Capri LLC
66 05/09/18 E. 16th Place 269 40676 Irani Zackary
67 05/09/18 E. 16th Place 269 40675 n/a Casa Capri LLC
68 04/27/18 E. 16th Place 271 40024 n/a Carr Timothy WTW Revoc Tr 69 04/27/18 E. 16th Place 271 40023 n/a Casa Capri LLC
70 04/27/18 E. 16th Place 269 40022 Irani Zackary
71 04/27/18 E. 16th Place 269 40021 n/a Casa Capri LLC

1217
CCMC SECT. CITED AMOUNT
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 1500
13-26, 20-12 (ii), 13-323 1,500.00
20-12(ii), 13-26, 13-323 500.00
13-35, 13-26, 20-12 (ii), 13-323, CBC 1200
13-35, 13-26, 20-12 (ii), 13-323, CBC 1200
13-26, 20-12 (ii), 13-323 450
13-26, 20-12 (ii), 13-323 450
13-26, 9-372 450
13-26, 13-311 300
20-12, 13-26, 13-311 450
20-12, 13-311 450
20-12, 13-30(7.1), 13-311, 13-26 1050
13-26, 20-12 (ii), 13-311 450
13-26, 20-12 (ii), 13-311 450
13-26, 13.200.88,13-311, 2012 750
13-323, 13-26, 20-12(ii), 13-30, 105.1 750.00
13-323, 13-26, 20-12(ii) 450.00
13-26, 13-323, 20-12 (ii) 1500
13-26, 13-323, 20-12 (ii) 1500
20-12 (ii), 13-323, 13-26 900
20-12 (ii), 13-323, 13-26 900
13-26, 13-323, 20-12(ii) 450
13-323, 13-26, 20-12(ii) 450
13-311, 13-26, 20-12 (ii) 450
13-26, 20-12 (ii), 13-311 450
13-26, 20-12 (ii), 13-311 450
13-26, 20-12 (ii), 13-323 450
13-26, 20-12 (ii), 13-323 450
13-200.88, 13-311, 13-26, 20-12 600
13-323, 13-26, 20-12 (ii) 1500
13-323, 13-26, 20-12 (ii) 1500
13-323, 13-26, 20-12 (ii) 1500
13-323, 13-26, 20-12 (ii) 1500
13-323, 13-26, 20-12 (ii) 900
13-323, 13-26, 20-12 (ii) 900
13-323, 13-26, 20-12 (ii) 900
13-323, 13-26, 20-12 (ii) 900

1218

CITATION ISSUE DATE VIOLATION
ADDRESS STREET NO. CITE NO. (LAST) FIRST NAME
72 04/19/18 E. 16th Place 271 40016 n/a Carr Timothy W T W Revoc 73 04/19/18 E. 16th Place 269 40015 Irani Zackary
74 04/19/18 E. 16th Place 271 40013 n/a Casa Capri LLC
75 04/19/18 E. 16th Place 269 40012 n/a Casa Capri LLC
76 06/22/18 E. 21st Street 175 40972 Norwood Kenneth
77 06/22/18 E. 21st Street 175 40971 n/a SoCal Recovery 78 06/12/18 E. 21st Street 175 40464 Norwood Kenneth
79 06/12/18 E. 21st Street 175 40463 n/a SoCal Recovery 80 06/04/18 E. 21st Street 175 40459 Norwood Kenneth
81 11/26/18 E. Wilson Street 131 42317 Walton Keith L.
82 10/26/18 E. Wilson Street 125 42315 n/a Northbound Treatment Services 83 10/26/18 E. Wilson Street 125 42316 Walton Keith L.
84 10/26/18 E. Wilson Street 131 42318 Walton Keith L.
85 10/08/18 E. Wilson Street 125 42300 Walton Keith L.
86 10/08/18 E. Wilson Street 125 42301 n/a Northbound Treatment Services 87 10/08/18 E. Wilson Street 131 42302 Walton Keith L.
88 10/08/18 E. Wilson Street 131 42303 n/a Northbound Treatment Services 89 08/06/18 E. Wilson Street 131 40469 n/a Northbound Treatment Services 90 08/06/18 E. Wilson Street 125 40470 n/a Northbound Treatment Services 91 08/06/18 E. Wilson Street 125 40466 Walton Keith L.
92 08/06/18 E. Wilson Street 131 40471 Walton Keith L.
93 11/30/16 Elden 2214 41345 Ohio House LLC Branden Stump 94 11/30/16 Elden 2214 41346 Cefalia James
95 10/12/17 Flower St. 268 40950 Johnson Gary Richard
96 10/12/17 Flower St. 268 40951 & Wellness RAW Recovery 97 02/08/18 Flower Street 268 40037 n/a Raw Recovery LLC 98 02/08/18 Flower Street 268 40038 Johnson Gary Richard 99 01/30/18 Flower Street 268 40029 Johnson Gary Richard 100 01/30/18 Flower Street 268 40031 n/a Raw Recovery LLC 101 10/15/18 Fordham Drive 2372 42307 Pedriana Mical D. 102 02/05/18 Fordham Drive 2372 40937 Pedriana Mical
103 05/19/16 Grant 3044 41338 Rosenbaum Melvin
104 05/19/16 Grant 3044 41340 Care Services Guardian Health 105 03/19/18 Grant Avenue 3044 40111 n/a D'Amore Healthcare 106 03/19/18 Grant Avenue 3044 40113 Rosenbaun Carolyn
107 03/16/18 Harbor Boulevard 2374 #104 42416 n/a ZMV Partnership 108 06/22/18 Hudson Avenue 783 40549 Norwood Kenneth

Page 5 ends

City 13929
1219
CCMC SECT. CITED AMOUNT
13-323, 13-26, 20-12 (ii), 13-93 ( e ) 600
20-12 (ii), 13-323, 13-26, 13-93 ( e ) 600
13-323, 13-26, 20-12 (ii), 13-93 ( e ) 600
13-323, 13-26, 20-12 (ii), 13-93 ( e ) 600
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 450
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 1500
13-26, 20-12 (ii), 13-323 900
13-26, 20-12(ii), 13-323 900
13-26, 20-12(ii), 13-323 900
13-26, 20-12(ii), 13-323 400
13-26, 20-12 (ii), 13-323 450
13-26, 20-12(ii), 13-323 450
13-26, 20-12 (ii), 13-323 450
13-26, 20-12 (ii), 13-323 450
13-26, 13-200.88, 13-311, 20-12 600
9-372, 13-26, 13-323, 20-12 600
13-26, 13-311, 20-12(ii) 450
13-26, 13-311, 20-12(ii) 450
13-26, 13-311, 20-12 ( e ), 20-12 (ii) 1650
13-26, 13-311, 20-12 (ii), 20-12 ( e ) 1650
13-26, 13-311, 20-12 (ii) 450
13-26, 13-311, 20-12 (ii) 450
13-311, 20-12(ii), 13-26 450
13-26, 20-12 (ii), 13-311 450
13-26, 13-200.88,13-311,20-12 600
13-26,13-200.88, 13-311, 20-12 600
13-26, 20-12 (ii), 13-311 450
13-26, 20-12 (ii), 13-311 450
13-26, 20-12 (ii), 13-311 450
13-26, 13-311, 20-12 (ii) 1500

Page 6 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13930
1220

Page 7 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13931
1221
CCMC SECT. CITED AMOUNT
13-26, 13-311, 20-12 (ii) 1500
20-12(ii), 13-26, 13-311 900
20-12 (ii), 13-26, 13-311 900
20-12 (ii), 13-26, 13-311 450
13-26, 13-311, 20-12 (ii) 450
13-323, 13-26, 20-12(ii) 1,500.00
13-323, 13-26, 20-12(ii) 1,500.00
20-12(ii) 13-323-13-26 1,500.00
13-323, 13-26, 20-12(ii) 1,500.00
20-12(ii), 13-323, 13-26 900
13-323, 13-26, 20-12(ii) 900
13-323, 13-26, 20-12(ii) 900
13-323, 13-26, 20-12 (ii) 900
13-323, 13-26, 20-12(ii) 450
13-26, 13-323, 20-12 (ii) 450
13-323, 13-26, 20-12(ii) 450
13-323, 13-26, 20-12(ii) 450
13-311, 13-36, 20-12(ii) 450
13-311, 13-36, 20-12(ii) 450
13-311, 13-36, 20-12(ii) 450
13-311, 13-36, 20-12(ii) 450
13-26, 13-311, 20-12 150
13-311, 13-36, 20-12 (ii) 1500
13-311, 13-26, 20-12 (ii) 1500
13-311, 13-26, 20-12 (ii) 1500
13-311, 13-26, 20-12 (ii) 1500
13-311, 13-26, 20-12 (ii) 900
13-311, 13-26, 20-12 (ii) 900
13-311, 13-26, 20-12 (ii) 900
13-311, 13-26, 20-12 (ii) 900
13-26, 9-372 150
13-323, 13-26, 20-12(ii) 1,500.00
13-323, 13-26-20-12 (ii) 1,500.00
13-323, 13-26, 20-12(ii) 900
13-323, 13-26, 20-12 (ii) 900
13-323, 13-26, 20-12(ii) 450
20-12(ii), 13-26, 13-323 450

Page 8 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13932
1222

Page 9 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13933
1223
CCMC SECT. CITED AMOUNT
13-311, 13-26, 20-12 (ii) 450
13-26,13-200.88, 13-323, 9-372, 20-12 600
12-26, 13-200.88, 13-311, 20-12 600
13-26, 20-12(ii), 9-372, 20-12(hh) 150
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 13-311, 20-12 (ii) 450
13-26, 13-311, 20-12 (ii) 450
13-26, 20-12 (ii), 13-323, CBC 105.1 2000
13-26, 20-12 (ii), 13-323, CBC 105.1 2000
13-26, 20-12 (ii), 13-323, 20-12 (n), CBC 1500
13-26, 20-12 (ii), 13-323, 20-12 (n), CBC 1500
13-26, 20-12 (ii), 13-323, 20-12 (n), CBC 750
13-26, 20-12 (ii), 13-323, 20-12 (n), CBC 750
13-26, 9-372 150
13-26, 20-12(ii), 13-311 450.00
13-26, 20-12(ii), 13-311 450.00
13-26, 13-323, 20-12(ii) 1500
20-12 (ii), 13-26, 13-323 900
13-26, 13-200.88, 13-311, 20-12 1200
13-26, 13-311, 20-(ii) 150
13-26,9-372,20-12(ii), 20-12(hh) 450
13-26, 13-311, 20-12 450
13-26,9-372,20-12(II), 20-12 (hh) 600
13-26, 9-372, 2042(ii), 20-12(hh) 600
13-26, 20-12(ii), 9-372, 20-12(hh) 600
13-26, 13-311, 20-12(ll) 1500
13-26,20-12(ii), 13-311 1500
13-26, 9-372, 20-12(ll) 900
9-372, 13-26, 20-12(ll) 450
9-372, 13-26, 20-12(ll) 1500
9-372, 13-26, 20-12(ll) 900
9-372, 13-26, 2012(ll) 900
9-372, 13-26, 20-12 1500
13-26, 13-323, 20-12(ii) 450
13-26, 13-323, 20-12(ii) 450
13-26, 20-12 (ii), 13-323 1500

Page 10 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13934
1224

Page 11 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13935
1225
CCMC SECT. CITED AMOUNT
13-26, 20-12(ii), 13-323 1500
13-26, 20-12(ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12, 13-323 450
13-26, 20-12, 13-323 450
13-26, 13-323, 20-12 (ii) 1500
13-26, 13-323, 20-12 (ii) 900
13-26, 20-12(ii), 13-323 450.00
20-12(ii), 13-26-13-311 1,500.00
20-12(ii), 13-20, 13-311 1,500.00
20-12(ii), 13-26, 13-311 900.00
20-12(ii), 13-26, 13-311 900.00
13-311, 20-12 (ii), 13-26 450
13-311, 20-12(ii), 13-26 450
13-226,13-200.88,13-323,9-372,20-12II 1650
13-26, 13-323, 20-12(ii) 900
13-26, 13-323, 20-12(ii) 900
13-26, 13-323, 20-12(ii) 450
13-26, 13-323, 20-12(ii) 450
13-26, 20-12 (ii), 13-311 450
13-26, 20-12 (ii), 13-311 450
9-372, 13-26 600
9-372, 13-26, 20-12(ll) 450
9-372, 13-26, 20-12(ii), 450
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 2500
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 2500
20-12, 13-26, 13-323, 20-12 (n), CBC 2500
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 2500
13-26, 13-323, 20-12 Iii), 20-12 (n), CBC 1500
20-12 (ii), 13-26, 13-323, 20-12 (n), CBC 1500
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 1500
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 750
13-26, 13-323, 20-12 (ii), 20-12 (n), CBC 750
13-26, 13-323, 20-12 (ii) 450
13-26, 13-323, 20-12 (ii) 450
13-26, 13-311 150
13-26, 13-323, 20-12(ii) 1500

Page 12 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13936
1226

Page 13 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13937
1227
CCMC SECT. CITED AMOUNT
13-323, 13-26, 20-12 (ii) 1500
13-323, 13-26, 20-12 (ii) 1500
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12 (ii), 13-323 900
13-26, 20-12(ii), 13-323 450
13-26, 20-12(ii), 13-323 450
13-26, 20-12(ii), 13-323 450
13-26, 20-12(ii), 13-323 450
9-372, 13-26, 13-23, 20-12 (ll) 600
9-372, 13-26, 13-323, 20-12(n), 20-12(ll) 750
9-372, 13-26, 20-12(ll) 1200
13-26, 13-322, 20-12 (ii) 1500
13-26, 13-322, 20-12 (ii) 1500
20-12 (ii), 13-26, 13-322 1500
13-26, 13-322, 20-12 (ii) 900
13-26, 13-322, 20-12 (ii) 1500
13-26, 13-322, 20-12 (ii) 900
13-26, 13-322, 20-12 (ii) 900
20-12 (ii), 13-26, 13-322 900
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 13-322, 20-12 (ii) 450
13-26, 9-372, 20-12(ii) 450
13-26, 13-311, 20-12(ii) 450
13-26, 13-311, 20-12(ll) 900
13-26, 13-311, 20-12(ll) 900
13-26, 13-311, 21-12(ll) 1500
13-26, 13-311, 2012(ll) 1500
13-26, 9-372, 20-12(ii) 750
13-30, 13-26,13-200.88, 13-311, 20-12 750
13-26, 13-30(9.1), 13-311, 20-12(ll) 1200
13-26, 13-30(9.1), 13-311, 20-12 1200
13-26, 13-30, 13-311-20-12(ll) 2000

Page 14 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13938
1228

Page 15 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13939
1229
CCMC SECT. CITED AMOUNT
13-26, 13-30(a.1), 13-311, 20-12(ll) 2000
13-26, 13-323, 20-12 (ii) 1500
13-26, 13-323, 20-12(ii) 1500
13-26, 13-323, 20-12 (ii) 900
13-26, 13-323, 20-12 (ii) 900
13-26, 13-323, 20-12 (ii) 450
13-26, 13-323, 20-12 (ii) 450
13-226,13-200.88,13-323,9-372,20- 750
13-326, 13-200.88, 13-311, 20-12 600
13-26, 9-372, 20-12(ii), 20-12 (hh) 450
13-26, 9-372, 20-12(ll) 900
13-26, 9-372, 20-12 (ll) 900
13-26, 9-372, 20-12(ll) 1500
9-372, 13-26, 20-12(ll) 1500
13-26, 13-323, 20-12(ii) 900
13-26, 13-323, 20-12(ii) 450
13-26, 13-323, 20-12(ii) 450
13-26, 13-323, 20-12 (ii) 1500
13-323, 13-26, 20-12(ii) 1500
13-26, 13-323, 20-12 (ii) 1500
20-12 (ii), 13-26, 13-323 1500
13-26, 13-323, 20-12 (ii) 900
13-26, 13-323, 20-12 (ii) 900
13-26, 13-323, 20-12 (ii) 900
13-323, 13-26, 20-12 (ii) 900
13-323, 13-26, 20-12 (ii) 450
13-26, 13-323, 20-12 (ii) 450
13-26, 13-323, 20-12 (ii) 450
20-12 (ii), 13-26, 13-323 450
13-30(9.1), 13-26, 13-200-.88, 13-311, 150
13-26, 20-12(ii), 13-322 1,500.00
20-12(ii), 13-26, 13-322 1,500.00
13-26, 20-12(ii), 13-322 900.00
13-26, 20-12(ii), 13-322 900.00
13-26, 20-12 (ii), 13-322 450.00
20-12(ii), 13-26, 13-322 450.00
12-26, 20-12, 13-322 450

Page 16 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13940
1230

Page 17 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13941
1231
CCMC SECT. CITED AMOUNT
13-26, 20-12, 13-322 450
13-26, 13-323, 20-12(ii) 900
20-12(ii), 13-26, 13-323 450.00
20-12(ii), 13-26, 13-323 450.00
9-372, 13-26, 13-323, 20-12 1200
9-732, 13-26, 13-323, 20-12(ll) 2000

Page 18 ends

Exported on February 4, 2021 5:27:11 PM PST
City 13942
1232
Closed Operations WEB
Street Name Street No. Program Name Beds
1 16th Place 413 Clean Path Recovery 6
2 16th Place Reflections Recovery
Center 6
3 16th Place 491 South Coast Behavioral
Health 6
4 18th Street W 777 777 House 12
5 18th Street W 679 Discovery House 6
6 18th Street W 685 Discovery House 78
7 19th Street E 177 Agape House 6
8 Alder Lane 2527 New Family Solutions 6
9 Anaheim 2216 Playa House Unknown
10 Anaheim Avenue 1769 Morning Side Recovery 6
11 Anaheim Avenue 2216 Playa House Unknown
12 Arbor Street 973 Solid Landings 6
13 Augusta 1180 Hampton Unknown
14 Babb Street 2959 Unknown 10
15 Bay St 431 Unknown
16 Boston Way 3145 Solid Landings 15
17 Bowling Green 273 Solid landings 6
18 Briar Rose 1631 Monarch Recovery 6
19 Cabrillo Street 218 Sober Sanctuaries, Inc. 12
20 Canadian Drive 3159 Clean Path Recovery 6
21 Cassia Avenue 3107 Rock Solid 22
22 Charleston St 1143 Solid Landings 8
23 Charleston St 1174 Solid Landings 6
24 Cheyenne Street 1055 Solid Landings 6
25 Conway 1252 Solid Landings 6
26 Coolidge Avenue 3004 Clean Path Recovery 6
27 Coolidge Avenue 3004 Solid Landings 18
28 Dahlia Avenue 924 Solid Landings 6
29 Darrel 871 Solid Landings 6
30 Doctors Circle 2111 Unknown

1233
Street Name Street No. Program Name Beds
31 E. 18th St 166 Casa Capri Unknown
32 Flower 268 Unknown
33 Gisler Avenue 1811 Solid Landings 6
34 Grant Avenue 3044 Solid Landings 6
35 Hamilton Street 394 Solid Landings 6
36 Hamilton Street 396 Unknown
37 Hamilton Street 382 Solid Landings Unknown
38 Harbor Boulevard, Unit 2374 Strong Woman Unknown
39 Iowa Street 1804 Lotus Place Recovery 6
40 Joann Street 574 Unknown
41 Joann Street 578 Unknown
42 La Salle 2829 Unknown
43 La Salle Avenue 2869 OC Recovery Unknown
44 La Salle Avenue 2829 Solid Landings 6
45 Marseilles Way 2450 Lotus Recovery Unknown
46 Marseilles Way 2450 Unknown
47 Mendoza Avenue 2869 Clean Path Recovery Unknown
48 Meyer Pl 2012 Unknown Unknown
49 Monte Vista Avenue 291 Unknown 6
50 Monterey Avenue 2822 Solid Landings 6
51 Nebraska Place 3238 Healing Path 4
52 Olympic Ave 13741 Unknown Unknown
53 Olympic Avenue 13741 Solid Landings 6
54 Orange Avenue 1513 Hotel California by the Sea 6
55 Orange Avenue 1775 Morning Side Recovery 12
56 Orange Avenue 1965 Solid Landings 6
57 Orange Avenue Unit A 2379 Balboa Horizons Unknown
58 Orange Avenue Unit B & 2379 Balboa Horizons Unknown
59 Pamela Ln 2264 The Book House 16
60 Paularino Ave 959 Playa House 6
61 Paularino Avenue 778 Agape House 6
62 Placentia Ave., Unit B 2190 Unknown
63 Placentia Avenue 2212 A-D
2218 A-D Heritage House Unknown

1234
Street Name Street No. Program Name Beds
64 Plumer Street 697 Pillars Recovery 15
65 Plumer Street 697 Solid landings 15
66 Plumeria Place 3465 Mainstay Recovery 6
67 Pomona Avenue 1827 Clean Path Recovery 13
68 Pomona Avenue 2220 Safe Harbor Treatment
Center For Women
6 69 Raleigh Avenue 2186 Agape House 6
70 Republic Avenue 2131 Sam's House 6
71 San Bernardino 1589 Ohio House 7
72 San Bernardino 1578 Ohio House 8
73 Sturgeon Dr 506 Time 2 Care llc 6
74 Trinity Drive 3066 Camilla's Recovery 6
75 Valencia Street 1009 Morning Side 24
76 Velasco Lane 2866 Easy Way Out LLC Unknown
77 Victoria St. 357 Windward Way Unknown
78 Victoria St. 351 Windward Way Unknown
79 Victoria Street 310 Sober Partners 24
80 Victoria Street 310 Sober Partners Project Unknown
81 Virginia Place 132 Sober Living House 6
82 W. Bay Street 431 California Prime Recovery Unknown
83 Walnut 271 Solid Landings 6

1235

ARIOS, JUSTIN
From: Keith Randle <[email protected]>
Sent: Monday, September 20, 2021 1:53 PM
To: [email protected]; [email protected]; [email protected]; [email protected]; Garrett M. Prybylo; Isaac R. Zfaty; Housing Element; [email protected]; [email protected]; Keith Randle Subject: Formal Complaint of Discrimination by the City of Costa Mesa California Code 65000 et,al.

Attachments: HCD Discrimination Complaint City of Costa Mesa _000163.pdf; HCD letter to City of Anaheim_ 000165.pdf; HCD City of Costa Mesa Resolution NO 18-16_000157.pdf; HCD City of Costa Mesa Conditionals of approval_000158.pdf; HCD City of Costa Mesa Letter dasted July 20 2018 from Sheri Vander Dussen_000159.pdf; HCD City of Costa Mesa Letter dasted August 7th From Fidel Gamboa with operatort permit application_000160.pdf; HCD City of Costa Mesa Letter datted September 9, 2021 from Sheri Vander Dussen re operators permitt_000162.pdf 0Shannan
I am sending this formal compliant (attached) against the City of Costa Mesa. The City is violating California Code 65000 et.al, including 65008, 65580 and 65585
Time is of the essence. I ask you to review the attachments and that you send a cease and desist letter, similar to the one you se nt to the cities of Anaheim (attached) and Encinitas earlier this year. I also request that you put a halt to the issuing of Costa Mesa's Housing Element.

I will also send you a hard copy to you at:
2020 W El Camino Ave, Suite 500 Sacramento Ca. 95833. If you have a different mailing address let me know.

Please acknowledge receipt of this email to [email protected] I appreciate you looking into this matter.

Keith Randle
http://www.summitcoastalliving.com
949 689-8880
2100 Highland Drive
Newport Beach Ca 92660

There are 7 attachments

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
1236
1237
1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260
1261
1262
1263
1264
1265
1266
1267
1268
1269

ARIOS, JUSTIN
From: Keith Randle <[email protected]>
Sent: Thursday, September 23, 2021 3:44 PM
To: [email protected]; [email protected]; Housing Element Subject: Fw: City of Costa Mesa Discrimination against Sober Hosuing and violation of Housing Element Attachments: HVD follow up letter to John Bruenner STATE of Ca._000168.pdf

Keith Randle Broker Associate Villa Real Estate 949.689.8880 Cell 949.698.1288 Office [email protected] BRE # 00993898

----- Forwarded Message -----
From: Keith Randle <[email protected]>
To: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]> Sent: Thursday, September 23, 2021, 03:37:52 PM PDT
Subject: City of Costa Mesa Discrimination against Sober Hosuing and violation of Housing Element

John,
As requested by you I am following you with the synopsis we discussed in detail yesterday.

I have also copied the City of Costa Mesa.

Thanking you in advance for your help on this urgent matter

Keith Randle
Summit Coastal Living
949 689-8880
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
1270
1271
1272
1273
1274
1275
1276
1277
1278
1279
1280

ARIOS, JUSTIN
From: Anne Paulson <[email protected]>
Sent: Friday, October 22, 2021 11:42 AM
To: Housing Element; [email protected]
Subject: Comments on Costa Mesa's Draft Housing Element Dear Costa Mesa,

Thanks for the opportunity to comment on Costa Mesa's Draft Housing Element. It has virtues, but also flaws.

ADUs

Costa Mesa permitted 10 ADUs a year the last three years. It is predicting 107 a year for the next cycle. Costa Mesa permitted 4 ADUs in 2018, 6 in 2019, and 19 in 2020, an average of 10 a year. They’re predicting 858 a year for the 6th Cycle. Page B-11 of the Housing Element says, “The City of Costa Mesa has determined based on past performance and the SCAG/HCD approved methodology that it is appropriate to anticipate the development of 858 accessory dwelling units from 2021 to 2029.” HCD has not approved a methodology that allows cities to project ten times as many ADUs as they have been permitting.

Residential Development Constraints

Costa Mesa analyzes its residential development standards and concludes that none are constraints on development.

Costa Mesa requires two parking spaces, ~640 square feet, for a studio apartment; a typical studio apartment is around 500-600 square feet. And Costa Mesa claims, without any evidence, that this requirement doesn’t make modest studio apartments financially infeasible.

In other words, Costa Mesa requires more space for parking for a studio apartment than for people living in the apartment, and says that’s not a constraint on building studio apartments. Costa Mesa’s justification is that they’re no worse than other nearby jurisdictions. But those other jurisdictions also are failing to build enough housing.

The neighboring jurisdictions’ residential development standards are burdensome and excessive, and so are Costa Mesa’s.

Site Inventory

Costa Mesa plans most of its new housing on five big nonvacant sites: Fairview Development Center, Sakioka Lot 2, Home Ranch, South Coast Plaza, and Pacific Arts Plaza. The city says the owners have indicated there is the potential for future housing development on each of these sites. However, “potential for future housing development” does not forestall the possibility that these sites might not be redeveloped, or might be redeveloped as something other than housing. The city is required to discount the number of units expected from a non-vacant site, if the site might not be redeveloped for housing. The number of units expected from the big housing sites is inflated, because the city did not discount as it is required to do.

The Draft Housing Element must be revised to deal with these issues.

--
-- Anne Paulson

It isn't a contest. Enjoy the ride.
1281
Fighting for a future of abundant housing in Orange County peopleforhousing.org
Ms. Minoo Ashabi, Principal Planner
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: Initial Comments to Draft Housing Element dated August 2021City of Yorba Linda October 13th, 2021
RE: Initial Comments to Draft Housing Element dated August 2021 Dear Ms. Ashabi:

Congratulations on the completion of the 6th Cycle housing element draft. We commend the city for completing its draft early and providing ample time for public comment. In conjunction with the Campaign for Fair Housing Elements, we have reviewed your draft housing element and would like to share the following feedback:
1) We are concerned about ADU projections that appear overly optimistic: Your housing element anticipates 858 ADUs, which is an estimated 107 per year during the 6th cycle planning period. This seems unrealistic. HCD has described two “safe harbors” for estimating ADU production (p. 31, Housing Element Site Inventory Guidebook). In the ﬁrst safe harbor, the city may use the trend in ADU construction since January 2018; as Costa Mesa permitted 4 ADUs in 2018, 6 in 2019 and 19 in 2020, that trend is about 10 ADUs per year or 80 for the next eight year planning period. For the second safe harbor, the city would use ﬁve times the construction trend prior to 2018. From 2013-2017, Costa Mesa permitted 8 eight ADUs, or about 2 a year. Five times two is 10, so the second safe harbor yields the same result, about 10 ADUs a year. We do not feel that the city adequately justiﬁed a projection of well over ten times the safe harbors.
1 1282
2) The majority of small sites identiﬁ ed for aﬀordable housing (that are not part of a larger parcel or development proposal) are in Latino, low income neighborhoods or existing commercial areas. Have you considered opening up other areas for development, particularly near high performing schools? Legislation like SB 9 and SB 10 provides opportunities for inﬁll development in high opportunity communities. Implementing some of these guidelines would go a long way to desegregating housing in Costa Mesa.
3) The Fairview Developmental Center (FDC) is owned by the state and was included on the last Housing Element, but no housing has been developed. We are not aware of a commitment from the state to developing it as aﬀordable housing.

Assuming that 920 homes of the 2300 proposed (40%) will be low-income aﬀordable is overly optimistic without an agreement in place. According to the Kennedy Commission, 20% low income is a more realistic ﬁgure based on SB 82.

We suggest revising it to reﬂect that input.
4) We commend the city for seeking out discussions with property owners interested in developing their properties for very-low and low-income housing through the planning period. However, for the remaining sites (for which no interview was conducted), the city says it does not have access to private party lease agreements or other contractual agreements among private parties. Under these circumstances, the safe assumption would be to assume zero likelihood of redevelopment for those sites; however the city does not do that. The assumption is that the sites will turn over even without any evidence to support it. 5) This lack of analysis, coupled with the uncertainty of the FDC and the development agreements encumbering low-income housing on the other major sites (Sakoika Fighting for a future of abundant housing in Orange County peopleforhousing.org 2
1283
Lot 2, Home Ranch, and Paciﬁc Arts Plaza) leads us to the conclusion that there are insuﬃcient sites for aﬀordable housing. We would advise the city to increase the number sites for low and very low income housing to enable a buﬀer for low income housing. There is currently a suﬃcient buﬀer for moderate and above moderate (market rate). We advise the city to create a buﬀer for low income housing; 15-30% is the HCD-recommended buﬀer.
6) We take issue with the assumption that the city’s development standards, particularly parking requirements, are not a constraint. Costa Mesa’s parking requirements are onerous. The city requires 2 parking spaces for a studio apartment and 3 parking spaces for a two-bedroom apartment. These are burdensome parking requirements, and are a barrier to reducing the cost of housing, both market-rate and aﬀordable.
7) Lastly, Measure Y, the requirement that development proposals over 40 units must be approved by voters is the single largest barrier to new housing development in the city. The city is indeed caught in a bind, having to defend a bad policy that inhibits the ability to comply with state law. Therefore we recommend that you take action to explicitly exempt any development project that includes low, very low or extremely low income housing.

Thank you for all of your eﬀorts to create a fair and legally compliant housing element. As frequent attendees in community meetings, we understand the city council has many diﬃcult choices to make with regard to its 6th Cycle Housing Element. We encourage the city council to do what is right, even if it is unpopular, Fighting for a future of abundant housing in Orange County peopleforhousing.org 3
1284
and to develop an exemplary housing element that will comply with both the spirit and letter of state housing element law.

Sincerely,
Elizabeth Hansburg
Co-Founder & Director
People for Housing Orange County is a network of housing advocates ﬁghting for more inclusive housing policies in Orange County’s high opportunity communities. By legalizing the construction of multifamily housing, streamlining the permitting of all housing, increasing funding for subsidized aﬀordable housing, we believe a future of abundant housing is possible. We envision an integrated society where every person has access to a safe, aﬀordable home near jobs, services, and opportunity.

Fighting for a future of abundant housing in Orange County peopleforhousing.org 4
1285

ARIOS, JUSTIN
From: Jennifer Hope DesRochers Webster <[email protected]> Sent: Friday, October 8, 2021 9:41 PM
To: Housing Element
Subject: Feedback: Housing Element Update - Westside overcrowding Feedback: Housing Element Update

Response-Westside Costa Mesa is overwhelmed with too much population. Too many cars. Not enough parking.

People walk a block or more away from home to find parking.

Please implement this information.. dense housing with apartments & Multi family housing are over crowding the Westside. Please reconsider increased housing “outside” district #4 Ie the west side.

Sincerely,
Jennifer Webster
Westside Resident 30 yrs since September 1988

--
Jennifer Hope Webster "To know God and Make Him known. Be filled with love, joy, peace, patience, kindness, goodness, faithfulness and self-control in the power and might of the Fruit of the Holy Spirit" Bible -My purpose statement
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department.
1286

ARIOS, JUSTIN
From: Gonzalez Romero, Arysa (TRBL) <[email protected]> Sent: Monday, November 15, 2021 8:31 AM
To: Housing Element
Subject: City of Costa Mesa 2021-2029 6th Cycle Housing Element Update Greetings,

A records check of the Tribal Historic preservation office’s cultural registry revealed that this project is not located within the Tribe’s Traditional Use Area. Therefore, we defer to the other tribes in the area. This letter shall conclude our consultation efforts.

Thank you,

Arysa Gonzalez Romero, M.S., RPA.

Historic Preservation Technician
Agua Caliente Band of Cahuilla Indians
Tribal Historic Preservation Office
Main (760)-883-1327 | Cell (760)-831-2484

Page 1 of 4 ends

Costa Mesa Affordable Housing Coalition
November 30, 2021
Mr. Paul McDougall
Department of Housing and Community Development
Division of Housing Policy Development
2020 W. El Camino Ave., Suite 500
Sacramento, CA 95833
RE: Summary of Concerns Regarding Costa Mesa’s Housing Element Update Dear Mr. McDougall:

We so appreciate the opportunity to speak with you and Marissa Prasse yesterday regarding Costa Mesa’s draft Housing Element Update (2021-2029). As you may know, the Costa Mesa Affordable Housing Coalition is a local advocacy group which for years has urged Costa Mesa to facilitate the construction of affordable homes for the city’s lower income residents. This letter summarizes the key concerns we articulated in yesterday’s meeting.

First, we applaud the city’s remarkably robust, open, and serious efforts at public engagement in its Housing Element process. We also congratulate the city for its mostly excellent draft Housing Element. We are particularly pleased the draft clearly states Costa Mesa’s commitment to adopting (finally!) an inclusionary zoning ordinance.

Now, the concerns. We have two:
(1) The draft fails to adequately analyze the constraints on affordable housing development specific to each of the four largest sites in the sites inventory, and (2) The draft fails to adequately analyze the paralyzing effect the city’s “Measure Y” will have on affordable housing development.

I.) Inadequate Analysis of the Four Largest Sites
A. The city should provide additional analysis on the Fairview Developmental Center (FDC) site and the implications of SB 82.

The Housing Element identifies FDC as a 109-acre state-owned opportunity site and assumes it can accommodate 2,300 housing units, and that 40% of those future units will be affordable to lower income households (575 very low and 345 low).1 Problematically, however, SB 82 states:
1 Costa Mesa Housing Element, Appendix B Candidate Sites Analysis Overview, October 6, 2021, p. B-15. 1288

Page 2 of 4 ends

“Notwithstanding any other law, the Director of General Services, with the consent of the Director of Developmental Services, may, in the best interests of the state, let to any person or entity real property not exceeding 20 acres located within the grounds of the Fairview Developmental Center for a period not to exceed 55 years, at a price that will permit the development of affordable housing for people with developmental disabilities… A minimum of 20 percent of the housing units developed shall be available and affordable to individuals with developmental disabilities served by a regional center…2”
Given the dictates of SB 82, the city needs to justify its assumption about the number of units possible on the site, as well as its affordability assumption that 40% of the units at FDC will be for lower income. A more realistic affordability assumption for FDC is 20% for lower income. While SB 82 indicates that a minimum of 20% of units will be affordable to individuals with developmental disabilities, there has been no written or public statement from the state expressing interest in making more than 20% of homes affordable to lower income households.

The FDC site holds tremendous potential for meeting the city’s considerable lower income RHNA (4713 units). The fact the site is state-owned, however, could be a significant constraint in developing any
housing there within the next eight years, much
less the 920 units of lower income housing specified in the sites inventory. The city should create a stand-alone program and commit to actively working with the state to accomplish the specified housing development at FDC anticipated in the sites inventory.

B. The city should provide further analysis on the constraints for the three large sites (Sakioka Lot 2, Home Ranch, and Pacific Arts Plaza) which are currently under development agreements with no affordable housing requirements.

Though these three large sites are in the 2021-2029 sites inventory, they will not be subject to any future inclusionary housing ordinance the city adopts because each site is already under a development agreement with no inclusionary requirement. The only way the owner of one of these sites will be bound by a future inclusionary ordinance is if that owner opts into future General Plan and zoning regulations.3 Absent such a choice to opt into a different governing land use regime, there is no reason to expect any of these property owners will voluntarily include in their respective projects any lower income affordable housing, much less the 15% lower income housing reflected in the sites inventory. Significantly, one of these large property owners has explicitly signaled his unwillingness to be bound by an affordable housing requirement. 2 California Legislative Information, Bill Text SB-82 Developmental Services, June 24, 2015. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB82 3 This fact was confirmed during the city’s consideration of the proposal to extend Sakioka Lot 2’s Development Agreement; the city confirmed that “if the Agreement were extended, and if an inclusionary housing ordinance was adopted along with future General Plan and zoning regulations, the developer would need to comply with the inclusionary housing ordinance IF they opted to develop per the future General Plan and zoning regulations.” (Costa Mesa City Council Agenda Report, An Ordinance for an Extension To And Amendment of the Sakioka Farms Development Agreement, March 18, 2021, p. 11.) 1289

Page 3 of 4 ends

On April 6, 2021, the Costa Mesa City Council extended the expiring Development Agreement for Sakioka Lot 2 for an additional 10 years. Prior to that extension, the city’s Planning Commission recommended the City Council require the extended Development Agreement include affordable housing requirements to help achieve the city’s lower income RHNA goals.4 The property owner, however, was only interested in having Sakioka Lot 2 identified as a housing opportunity site; he was not “amenable” to any affordable housing requirements.5 Given the property owner’s very recent strong opposition to including any affordable housing provisions in the extended Development Agreement, it is unrealistic to assume that same property owner will prioritize the development of housing affordable to lower income households in developing the property.

The city offers no rationale for its expectation the owners of Sakioka Lot 2 and the other two large sites will voluntarily include affordable housing in their future developments.

Importantly, these three large sites are in prime locations near South Coast Plaza, where land values are among the highest in the city. Moreover, each of these three property owners is a longtime owner who has practiced the art of holding onto the land for decades while land values continually climbed upward. Given these facts, the city should analyze the affordability assumptions of “15% lower income” for these three sites in light of each site’s respective development agreement which insulates the site from any affordable housing requirements.

Additionally, it is highly significant Sakioka Lot 2 and Home Ranch have been vacant for decades. How realistic is it that these two sites will be developed in the 2021-2029 cycle? The city must provide that analysis.

Finally, the city should clarify if the affordability assumptions on these three large sites include units that result from a density bonus. For example, the draft indicates that for Sakioka Lot 2, the city “determined that it is realistic to assume that 15% of future units on this site may be available to residents at the lower income levels.”6 Is this 15% actually a density bonus where a developer would be granted a higher density on the proposed development and in exchange, the developer would have to set aside 15% of the units to be affordable? The significance of such a calculation is that the developer may elect to not develop Sakioka Lot 2 to full capacity under the density bonus, and thereby opt out of including any affordable housing.

II.) Inadequate Analysis of Measure Y’s Constraints on Affordable Housing Development Measure Y is Costa Mesa's largest unique constraint to development because it incentivizes less dense, and thus unaffordable, development, and perpetuates exclusionary zoning. The city 4 Costa Mesa City Council Agenda Report, An Ordinance for an Extension To And Amendment of the Sakioka Farms Development Agreement, April 6, 2021, p. 9-10.
5 Costa Mesa City Council Agenda Report, An Ordinance for an Extension To And Amendment of the Sakioka Farms Development Agreement, April 6, 2021, p. 2.
6 Costa Mesa Housing Element, Appendix B Candidate Sites Analysis Overview, October 6, 2021, p. B-12. 1290

Page 4 of 4 ends

council should adopt a policy to exempt from Measure Y any projects approved under the inclusionary zoning ordinance which contribute units toward meeting the city’s extremely low-, very low-, and low-income RHNA requirements.

Thank you for considering our concerns about the draft 2021-2029 Housing Element Update.

For your reference, we are attaching our September letter to the city with more extensive comments on the draft. This letter focuses only on our top concerns.

Sincerely,
Kathy Esfahani
Kathy Esfahani
For The Costa Mesa Affordable Housing Coalition
cc: Minoo Ashabi, Principal Planner of the City of Costa Mesa Richard Walker, Public Law Center
Cesar Covarrubias, The Kennedy Commission
1291
Glossary of Housing Terms
Appendix D
1292

DRAFT Appendix D: Glossary of Housing Terms D‐1
Glossary of Housing Terms
Above‐Moderate‐Income Household. A household with an annual income usually greater than 120% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available le gibility limits established by the U.S. Department of housing and Urban Development (HUD) for the Section 8 housing program.

Affirmatively Furthering Fair Housing (AFFH): Affirmatively Furthering Fair Housing (AFFH) is a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act. AFFH means "taking meaningful actions, in addition to comb ating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to o pportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

Apartment. An apartment is one (1) or more rooms in an apartment house or dw elling occupied or intended or designated for occupancy by one (1) family for sleeping or living purposes and containing one (1) kitchen.

Assisted Housing. Generally multi‐family rental housing, but sometimes single‐family ownership units, whose construction, financing, sales prices, or rents have been subsidized by federal, state, or local ho using programs including, but not limited to Federal state, or local housing programs including, but not limited to Federal Section 8 (new construction, substantial rehabilitation, and loan management set‐asides), Federal Sections 213, 236, and 202, Federal Sections 221 (d) (3) (below‐market interest rate program), Federal Sections 101 (rent supplement assistanc e), CDBG, FmHA Sections 515, multi‐family mortgage revenue bond programs, local redevelopment and in lieu fee programs, and units developed pursuant to local inclusionary housing and density bonus programs.

Below‐Market‐Rate (BMR). Any housing unit specifically priced to be sold or rented to low‐ or moderate‐ income households fo r an amount less than the fair‐market value of the unit. Both the State of California and the U.S. Department of Housing and Urban Development set standards for determining which households qualify as “low income” or “moderate income.” (2) The financing of housing at less than prevailing interest rates.

Bu
ild‐Out. That level of urban development characterized by full occupancy of all developable sites in accordance with the General Plan; the maximum level of development envisioned by the General Plan.

Build‐out does not assume that each parcel is developed to include all floor area or housing units possible under z
oning regulations.
1293

DRAFT Appendix D: Glossary of Housing Terms D‐2
Community Development Block Grant (CDBG). A grant program administered by the U.S. Department of Housing and Urban Development (HUD) on a formula basis for entitled communities and administered by the State Department of Housing and Community Development (HCD) for non‐entitled jurisdictions. This grant allots money to cities and counties for ho using rehabilitation and community development, including public facilities and economic development.

Condominium. A structure of two or more units, the interior spaces of which are individually owned; the balance of the property (both land and building) is owned in common by the owners of the individual units. (See “Townhouse.”)
Covenants, Co nditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease.

Deed. A legal document which affects the transfer of ownership of real estate from the seller to th e buyer.

Density Bonus. The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location.

De
nsity, Residential. The number of permanent residential dwelling units per acre of land. Densities specified in the General Plan may be expressed in units per gross acre or per net developable acre.

Developable Land. Land that is suitable as a location for structures and that can be developed free of hazards to
, and without disruption of, or significant impact on, natural resource areas.

Down Payment. Money paid by a buyer from his own funds, as opposed to that portion of the purchase price which is financed.

Duplex. A detached building under single ownership that is designed for occupation as th e residence of two families living independently of each other.

Dwelling Unit (DU). A building or portion of a building containing one or more rooms, designed for, or used by one family for living or sleeping purposes, and having a separate bathroom and only one kitchen or kitchenette. See Housing Uni t.

Elderly Housing. Typically, one‐ and two‐bedroom apartments or condominiums designed to meet the needs of persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older, and restricted to occupancy by them.

Emergency Shelter. A facility that provides immediate and short‐te rm housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds.

Supplemental services may include food, counseling, and access to other social programs. (See “Homeless” and “Transitional Housing.”)
1294

DRAFT Appendix D: Glossary of Housing Terms D‐3
Extremely Low‐Income Household. A household with an annual income equal to or less than 30% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the late st available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.

Fair Market Rent. The rent, including utility allowances, determined by the United States Department of Housing and Urban Development for purposed of administering the Section 8 Program.

Family. (1) Tw o or more persons related by birth, marriage, or adoption [U.S. Bureau of the Census]. (2) An Individual or a group of persons living together who constitute a bona fide single‐family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodg
ing house or institution of any kind [Governor’s Office of Planning and Research, General Plan Guidelines].

General Plan. A comprehensive, long‐term plan mandated by State Planning Law for the physical development of a city or county and any land outside its boundaries which, in its judgment, bears relat ion to its planning. The plan shall consist of seven required elements: land use, circulation, open space, conservation, housing, safety, and noise. The plan must include a statement of development policies and a diagram or diagrams illustrating the policies.

Goal. A general, overall, and ultimate purpose, aim, or end toward which th e City will direct effort.

Green Building. Green or sustainable building is the practice of creating healthier and more resource‐ efficient models of construction, renovation, operation, maintenance, and demolition. (US Environmental Protection Agency)
Historic Preservation. The preservation of historically significant structures and neighborhoods until such time as, and in or der to facilitate, restoration and rehabilitation of the building(s) to a former condition.

Historic Property. A historic property is a structure or site that has significant historic, architectural, or cultural value.

Household. All those persons—related or unrelated—who occupy a single housing unit. (See “Family.”) Housing and Community Development Department (HCD). The State ag ency that has principal responsibility for assessing, planning for, and assisting communities to meet the needs of low‐and moderate‐income households.

Housing Element. One of the seven State‐mandated elements of a local general plan, it assesses the existing and projected housing needs of all economic segments of th e community, identifies potential sites adequate to provide the amount and kind of housing needed, and contains adopted goals, policies, and 1295

DRAFT Appendix D: Glossary of Housing Terms D‐4
implementation programs for the preservation, improvement, and development of housing. Under State law, Housing Elements must be updated every five years.

Housing Payment. For ownership housing, this is defined as the mortgage payment, property taxes, insurance, and utilities. For rental housing this is defined as rent and utilities.

Housing Ratio. The rat io of the monthly housing payment to total gross monthly income; also called Payment‐to‐Income Ratio or Front‐End Ratio.

Housing Unit. The place of permanent or customary abode of a person or family. A housing unit may be a single‐family dwelling, a multi‐family dwelling, a c ondominium, a modular home, a mobile home, a cooperative, or any other residential unit considered real property under State law.

Housing and Urban Development, U.S. Department of (HUD). A cabinet‐level department of the federal government that administers housing and community development programs.

Implementing Policies. The City’s statements of its c ommitments to consistent actions.

Implementation. Actions, procedures, programs, or techniques that carry out policies.

Infill Development. The development of new housing or other buildings on scattered vacant lots in a built‐ up area or on new building parcels created by permitted lot splits.

Jobs‐Housing Balance. A ratio used to de scribe the adequacy of the housing supply within a defined area to meet the needs of persons working within the same area. The General Plan uses SCAG’s definition which is a job total equal to 1.2 times the number of housing units within the area under consideration.

Land Use Class ification . A system for classifying and designating the appropriate use of properties.

Live‐Work Units. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

Low‐Incom e Household. A household with an annual income usually no greater than51%‐80% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available el igibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.

Low‐income Housing Tax Credits. Tax reductions provided by the federal and State governments for investors in housing for low‐income households.

Manufactured Housing. Residential structures that are constructed entirely in th e factory, and which since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards 1296

DRAFT Appendix D: Glossary of Housing Terms D‐5
Act of 1974 under the administration of the U.S. Department of Housing and Urban Development (HUD). (See “Mobile home” and “Modular Unit.”)
Mixed‐Use. Properties on which various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development pr oject with significant functional interrelationships and a coherent physical design. A “single site” may include contiguous properties.

Moderate‐Income Household. A household with an annual income usually no greater than 81%‐120% of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in th e absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development (HUD) for the Section 8 housing program.

Monthly Housing Expense. Total principal, interest, taxes, and insurance paid by the b orrower on a monthly basis. Used with gross income to determine affordability.

Multiple Family Building. A detached building designed and used exclusively as a dwelling by three or more families occupying separate suites.

Ordinance. A law or regulation set forth and adopted by a governmental authority, usually a city or county.

Overcrowded Ho
using Unit. A housing unit in which the members of the household, or group are prevented from the enjoyment of privacy because of small room size and housing size. The U.S. Bureau of Census defines an overcrowded housing unit as one which is occupied by more than on e person per room.

Parcel. A lot or tract of land.

Planning Area. The area directly addressed by the general plan. A city’s planning area typically encompasses the city limits and potentially annexable land within its sphere of influence.

Policy. A specific statement of principle or of guiding actions th at implies clear commitment but is not mandatory. A general direction that a governmental agency sets to follow, in order to meet its objectives before undertaking an action program. (See “Program.”)
Poverty Level. As used by the U.S. Census, families and unrelated individuals are classified as being above or below th e poverty level based on a poverty index that provides a range of income cutoffs or “poverty thresholds” varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index.

Program. An action, activity, or strategy carried out in response to ado pted policy to achieve a specific goal or objective. Policies and programs establish the “who,” “how” and “when” for carrying out the “what” and “where” of goals and objectives.
1297

DRAFT Appendix D: Glossary of Housing Terms D‐6
Redevelop. To demolish existing buildings; or to increase the overall floor area existing on a property; or both; irrespective of whether a change occurs in land use.

Regional. Pertaining to activities or economies at a scale greater than that of a single jurisdiction and affecting a broad geographic area.

Regional Ho using Needs Assessment. A quantification by the local council of governments of existing and projected housing need, by household income group, for all localities within a region.

Rehabilitation. The repair, preservation, and/or improvement of substandard housing.

Residential. Land designated in the General Plan and zoning ordinance for building consisting of dwelling units. Ma
y be improved, vacant, or unimproved. (See “Dwelling Unit.”) Residential Care Facility. A facility that provides 24‐hour care and supervision to its residents.

Residential, Multiple Family. Usually three or more dwelling units on a single site, which may be in the same or separate buildings.

Residential, Sing le‐Family. A single dwelling unit on a building site.

Retrofit. To add materials and/or devices to an existing building or system to improve its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example.

Rezoning. An amendm ent to the map to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area.

Second Unit. A self‐contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a sing le lot. “Granny Flat” is one type of second unit.

Section 8 Rental Assistance Program. A federal (HUD) rent‐subsidy program that is one of the main sources of federal housing assistance for low‐income households. The program operates by providing “housing assistance payments” to owners, developers, and p ublic housing agencies to make up the difference between the “Fair Market Rent” of a unit (set by HUD) and the household’s contribution toward the rent, which is calculated at 30% of the household’s adjusted gross monthly income (GMI). “Section 8” includes programs for new construction, existing housing, and substantial or moderate hou sing rehabilitation.

Shared Living Facility. The occupancy of a dwelling unit by persons of more than one family in order to reduce housing expenses and provide social contact, mutual support, and assistance. Shared living facilities serving six or fewer persons are permitted in all residential districts by Section 1566.3 of th e California Health and Safety Code.
1298

DRAFT Appendix D: Glossary of Housing Terms D‐7
Single‐Family Dwelling, Attached. A dwelling unit occupied or intended for occupancy by only one household that is structurally connected with at least one other such dwelling unit. (See “Townhouse.”) Single‐Family Dwelling, Detached. A dwelling unit occupied or intended for occupancy by only one household that is structurally independent from any ot her such dwelling unit or structure intended for residential or other use. (See “Family.”)
Single Room Occupancy (SRO). A single room, typically 80‐250 square feet, with a sink and closet, but which requires the occupant to share a communal bathroom, shower, and kitchen.

Subsidize. To assist by pay ment of a sum of money or by the granting to terms or favors that reduces the need for monetary expenditures. Housing subsidies may take the forms or mortgage interest deductions or tax credits from federal and/or state income taxes, sale, or lease at less than market value of land to be used fo
r the construction of housing, payments to supplement a minimum affordable rent, and the like.

Substandard Housing. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing.

Supportive Housing. Housing with no limit on length of stay, that is occupied by the ta rget population as defined in California Health and Safety Code Section 53260(d), and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. “Target po pulation" means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young ad ults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. [California Health and Safety Code Sections 50675.14(b) and 53260(d)]
Target Areas. Specifically, designated sections of the community where loans and grants are made to bring about a specific outcome, such as the r ehabilitation of housing affordable by Very‐Low and Low‐income households.

Tax Increment. Additional tax revenues that result from increases in property values within a redevelopment area. State law permits the tax increment to be earmarked for redevelopment purposes but requires at least 20 percent to be used to increase an d improve the community’s supply of very low‐ and low‐income housing.

Tenure. A housing unit is owner‐occupied if the owner or co‐owner lives in the unit, even if it is mortgaged or not fully paid for. A cooperative or condominium unit is owner‐occupied only if the own er or co‐owner lives in it. All other occupied units are classified as renter‐occupied including units rented for cash rent and those occupied without payment of cash rent.
1299

DRAFT Appendix D: Glossary of Housing Terms D‐8
Townhouse. A townhouse is a dwelling unit located in a group of three (3) or more attached dwelling units with no dwelling unit located above or below another and with each dwelling unit having its own exterior entrance.

Transitional Housing. Shelter provided to the homeless for an extended period, often as lo ng as 18 months, and generally integrated with other social services and counseling programs to assist in the transition to self‐sufficiency through the acquisition of a stable income and permanent housing. (See “Homeless” and “Emergency Shelter.”)
Undevelopable. Specific areas where topographic, geologic, and/or superficial soil conditions indicate a significa
nt danger to future occupants and a liability to the City.

Acronyms Used
ACS: American Community Survey
BMPs: Best Management Practices
CALTRANS: California Department of Transportation
CEQA: California Environmental Quality Act
CHAS: Comprehensive Housing Affordability Strategy
CIP: Capital Improvement Program
DDS: Department of Developmental Services
DIF: Development Impact Fee
DU/
AC: Dwelling Units Per Acre
EDD: California Employment Development Department
FAR: Floor Area Ratio
FEMA: Federal Emergency Management Agency
HCD: Department of Housing and Community Development
HOA: Homeowners Association
HUD: Department of Housing and Urban Development
LAFCO: Local Agency Formation Commission
MFI: Median Family Income
NPDES: National Pollutant Discharge El imination System RTFH: Regional Task Force on the Homeless
RTP: Regional Transportation Plan
SCAG: Southern California Association of Governments
SPA: Sectional Planning Area
STF: Summary Tape File (U.S. Census)
TOD: Transit‐Oriented Development
TDM: Transportation Demand Management
TSM: Transportation Systems Management
WCP: Water Conservation Plan

1300
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-419 Meeting Date: 2/1/2022
TITLE:

COMMUNITY WORKFORCE AGREEMENT
DEPARTMENT: PUBLIC SERVICES DEPARTMENT
PRESENTED BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5633 RECOMMENDATION:

Staff requests the City Council:

1. Provide direction on the attached Community Workforce Agreement (CWA) (Attachment 1) for a five-year term between the City of Costa Mesa (City) and the Los Angeles/Orange Counties Building and Construction Trades Council (Trades Council).

2. If approved, authorize the City Manager or designee to execute the agreement and accept any minor modifications to the agreement during the CWA term.

BACKGROUND:

The goal of the Community Workforce Agreement (CWA), also referred to as the Project Labor Agreement (PLA), is to develop opportunities for qualified locally hired individuals and veterans for construction of the City’s various Capital Improvement Projects (CIPs).

The aim is to promote efforts and to increase employment opportunities for residents of Costa Mesa and to facilitate training and employment for the City’sstudents and veterans in the construction trades through apprenticeships and to encourage efficiency of construction operations performed by the City of Costa Mesa. In addition, it is the intent of the CWA to reconcile labor disputes in a peaceful manner and to resolve grievances without the need for labor stoppages (i.e., strikes), which serves the public interest and leads to the orderly completion of construction projects.

The goal of the CWA is that Costa Mesa residents and/or veterans, regardless of where they live, perform up to thirty-five percent (35%) of total work hours for qualifying projects. If the unions cannot provide the required labor force within the City, the next preference is to reach out to workers residing anywhere in Orange County. All CIP projects are required to comply with all other state regulations per Public Contracts Code (PCC) and subject to prevailing wage requirements. The prevailing wages are determined by the Department of Industrial Relations (DIR) according to the type of work and project location.

The CWA item was previously presented to City Council during its regularly scheduled meeting on

Page 1 of 4 ends

1301
File #: 21-419 Meeting Date: 2/1/2022
The CWA item was previously presented to City Council during its regularly scheduled meeting on July 21, 2020. There were several comments made, both for and against the CWA. The supporters generally appreciated the priority provided to local and veteran hires, as well as the benefits provided to union workers. The comments against the CWA were from non-union contractors and workers generally opposed to hiring requirements that would be imposed as well as potentially higher project costs. City Council members also raised specific issues with certain provisions such as definition of local hire, potential administration costs, number of core employees, and employee verification.

ANALYSIS:

The attached CWA was modified taking into consideration comments received at the July 21, 2020 meeting. Key provisions of the CWA for the City of Costa Mesa include:
· Effective date of agreement is when it is fully executed by all parties, including all signatory unions, and the duration of the term is five (5) years. · The CWA will be applicable for projects listed in Attachment F of the CWA. · The hiring target is thirty-five percent (35%) with priority to Costa Mesa residents and/or veterans regardless of where they live. The next priority is for graduates of Costa Mesa high schools, followed by graduates of the Building Trades multi-craft core curriculum, and then all Orange County residents. An apprenticeship is also included to help facilitate local workforce development.
· Contracts are still subject to competitive bidding and the requirement to pay prevailing wages. · Contractors recognize the Trades Council and the Unions as the sole and exclusive bargaining representative for the craft employees engaged in project work, and contractors further recognize that the Unions shall be the primary source of craft labor employed on the project work.
· Contractors which are not independently signatories to a Master Labor Agreement with the Union(s) representing the craft employees which the contractor employs, may first hire a member of his/her core workforce, then an employee through referral from the appropriate union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five (5) core employees are employed; thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall, established and authorized by the Los Angeles/Orange Counties Building and Trades Council who are signatories to this agreement.
· Contractors retain the right to reject any applicant referred to them through the job referral system. If any Union’sregistration and referral system does not fulfill the requirements for specific classifications requested by any contractor within 48 hours, the contractor may employ applicants meeting such qualifications from any other available source. · Projects excluded from the CWA include:

Page 2 of 4 ends

1302
File #: 21-419 Meeting Date: 2/1/2022
o Professional, office and other non-manual employee work o Equipment and machinery purchases
o Work performed by City employees or other government agencies o Work performed by inspectors employed by the City to inspect Contract work o Work with funding or grant restrictions
o Laboratory testing, environmental/compliance requirement Several agencies have adopted similar CWAs over the past few years. Orange County agencies that have executed CWAs include the Cities of Santa Ana, Anaheim, and Garden Grove, Anaheim Union High School District, and the Santa Ana Unified School District.

Staff reviewed the experiences of other jurisdictions with executed Community Workforce Agreements. In general, it was documented that contractors are abiding by the requirements and meeting the local-hire goals set in agreements. The administration costs are approximately 2.5 percent of contract cost for projects.

City staff and/or consultants will administer the CWA. The cost for consultant services will be assigned to respective project budgets.

ALTERNATIVES:

The City Council could make changes to the proposed CWA. Staff will incorporate approved changes accordingly.

A second alternative is for the City Council to receive and file the report. If this alternative is selected, there will be no changes to current CIP project implementation practices.

FISCAL REVIEW:

Funding for the administration of the CWA will be included within each project’s budget.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this agenda report, prepared the CWA and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Staff requests the City Council:

2. If approved, authorize the City Manager or designee to execute the agreement and accept any

Page 3 of 4 ends

1303
File #: 21-419 Meeting Date: 2/1/2022
minor modifications to the agreement during the CWA term.

Page 4 of 4 ends

1304

COMMUNITY WORKFORCE AGREEMENT

BY AND BETWEEN THE

CITY OF COSTA MESA
AND

LOS ANGELES/ORANGE COUNTIES

BUILDING AND CONSTRUCTION TRADES COUNCIL

AND THE SIGNATORY CRAFT COUNCILS AND LOCAL UNIONS

SIGNING THIS AGREEMENT
1305
Community Workforce Agreement ii City of Costa Mesa

TABLE OF CONTENTS Page

ARTICLE 1 DEFINITIONS 2
ARTICLE 2 SCOPE OF THE AGREEMENT 3
ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 7
ARTICLE 4 UNION ACCESS AND STEWARDS 11
ARTICLE 5 WAGES AND BENEFITS 12
ARTICLE 6 HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS 12 ARTICLE 7 WORK STOPPAGES AND LOCKOUTS 14
ARTICLE 8 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 18 ARTICLE 9 MANAGEMENT RIGHTS 19
ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DISPUTES 21
ARTICLE 11 REGULATORY COMPLIANCE 22
ARTICLE 12 SAFETY AND PROTECTION OF PERSON AND PROPERTY 23 ARTICLE 13 TRAVEL AND SUBSISTENCE 23
ARTICLE 14 APPRENTICES 24
ARTICLE 15 WORKING CONDITIONS 25
ARTICLE 16 PRE-JOB CONFERENCES 25
ARTICLE 17 LABOR/MANAGEMENT COOPERATION 25
ARTICLE 18 SAVINGS AND SEPARABILITY 26
ARTICLE 19 WAIVER 26
ARTICLE 20 AMENDMENTS 27
ARTICLE 21 DURATION OF THE AGREEMENT 27
ATTACHMENT A – LETTER OF ASSENT 29
ATTACHMENT B –LOCAL HIRE ZIP CODES 30
ATTACHMENT C – CRAFT REQUEST FORM 32
ATTACHMENT D – LIST OF NEUTRAL ARBITRATORS 34
ATTACHMENT E – SUBSTANCE ABUSE POLICY 35
ATTACHMENT F – PROJECT LIST 41
ATTACHMENT G – UNION CONTACT INFORMATION 42
ATTACHMENT H – CITY SUBSTANCE ABUSE POLICY 44
1306
Community Workforce Agreement 2 City of Costa Mesa

COMMUNITY WORKFORCE AGREEMENT

This Community Workforce Agreement (“Agreement”) is entered into effective as of January 1 , 2021, by and between the City of Costa Mesa, a municipal corporation (“City”), the Los Angeles/Orange Counties Building and Construction Trades Council (“Trades Council”), and the signatory Craft Councils and Local Unions signing this Agreement (collectively, the “Union” or “Unions”). This Agreement establishes the procedures for the City, Contractors, and craft employees represented by the Unions and engaged in Project Work. The City, Trades Council, and Unions are hereinafter referred to herein, as the context may require, as “Party” or “Parties.”

It is understood by the Parties to this Agreement that for the duration of this Agreement, the City agrees that all Project Work (as defined in Section 2.2.) will be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement by signing a Letter of Assent (a form of which is attached as “Attachment A” ), and to require each of its subcontractors, of whatever tier, to become so bound. The City shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for those Project Work contracts to be awarded by the City.

It is further understood that the City shall actively administer and facilitate the enforcement of the obligations of this Agreement to ensure that the benefits envisioned from it flow to all Parties. The City shall therefore designate a “CWA Administrator,” either from its own staff or an independent contractor, to serve as the City’s liaison for Contractors and Unions; to monitor compliance with this Agreement; to assist, as the authorized representative of t he City, in developing and implementing the programs referenced herein, all of which are critical to fulfilling the intent and purposes of the Parties and this Agreement; and to otherwise implement and administer this Agreement.

RECITALS

WHEREAS, the City desires to obtain construction, maintenance, repair, abandonment, relocation, and related services in connection with public contracting of its Capital Improvement Program (CIP); and

WHEREAS, the public interest, local economy, and general welfare ar e best served if the CIP activities are implemented without disruption due to labor disputes; and

WHEREAS, Construction Contracts entered into by the City and Contractors will be awarded in accordance with applicable provisions of the Municipal Code of th e City of Costa Mesa to the lowest responsive and responsible bidder subject to a competitive bidding process, the California Public Contract Code and Labor Code, including but not limited to payment of prevailing wages; and

WHEREAS, staff has been requested to evaluate a Community Workforce Agreement with the Trades Council that includes the benefits of hiring local residents and other priority groups to perform such capital improvements.
1307
Community Workforce Agreement 3 City of Costa Mesa

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:

ARTICLE 1

DEFINITIONS

Section 1.1 “Agreement” or “CWA” means this Community Workforce Agreement.

Section 1.2 “Apprentice” means those craft employees indentured and participating in a Joint Labor/Management Apprenticeship Program approved by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards.

Section 1.3 “Construction Contract” or “Construction Contracts” means thos e contracts entered into by the City, for the construction of Project Work as specified in Section 2.2.

Section 1.4 “Contractor” means any individual firm, partnership, or corporation, or combination thereof, including joint ventures, which is an indep endent business enterprise and which has entered into a Construction Contract with the City including any Subcontractors of any tier, with respect to Project Work under this Agreement.

Section 1.4.1 “General Construction Contractor” or “GCC” means a prime Contractor retained directly by the City to perform Project Work and has entered into a Construction Contract.

Section 1.4.2 “Subcontractor” means a Contractor who is retained by a GCC, or another lower tier Contractor, to perform Project Work.

Section 1.5 “City” means the City of Costa Mesa, a municipal corporation.

Section 1.6 “Joint Labor/Management Apprenticeship Program” means a joint Union and Contractor administered apprenticeship program certified by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards.

Section 1.7 “Letter of Assent” means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Project Work, which formally bind such Contractor(s) to adherence to all the forms, requirements, and conditions of this Agreement in the form of which is attached hereto as “Attachment A.”

Section 1.8 “CWA Administrator” means the City’s authorized representative who will be the primary liaison between the Ci ty, Contractors, and the Unions; responds to inquiries about the CWA; monitors compliance with the CWA, and develops and implements programs set forth in the CWA.

Section 1.9 “Project”, “Project Work” or “City Project” means the work administered through the City of Costa Mesa Public Services Department, subject to the State of California public contracting laws, authorized by the City Council pursuant to a Construction Contract entered into by the City, and as further described in Section 2.2.
1308
Community Workforce Agreement 4 City of Costa Mesa

Section 1.10 “Master Labor Agreements” means the local collective bargaining agreements of the signatory Unions having geographic and trade jurisdiction over the Project Work and which have signed this Agreement.

Section 1.11 “Subscription Agreement” means the contract between a Contractor and a Union’s Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of the Master Labor Agreements.

Section 1.12 “Local Hires” means individuals identified in Section 3.5, prioritized as set forth therein, who are employed by Contractors as craft employees to perform Project Work and have priority in being dispatched by the respective Unions.

Section 1.13 The use of masculine, feminine or neutral gender or titles in this Agreement should be construed as including all genders and gender neutral, and not as gender limitations, unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only and carry no legal significance.

ARTICLE 2

SCOPE OF THE AGREEMENT

Section 2.1 General This Agreement shall apply to Project Work, as defined in Section 2.2, performed by those Contractor(s) of whatever tier that are performing work pursuant to Construction Contracts awarded for such work by the City.

Section 2.2 Specific Project Work covered by this Agreement is defined and limited to:

2.2.1 All construction and major rehabilitation work awarded to a GCC, inclusive of the GCC’s Subcontractors, listed on the Projects List ( Attachment F) are covered by the terms and conditions of this Agreement, including Building/Construction Inspector and Field Soils and Materials Testers (Inspectors) hired by a Contractor, pursuant to a Construction Contract for one of the Projects identified in Attachment F, who are a covered craft under this Agreement. This inclusion applies to the scope of work defined in the State of California Wage Determination for said craft. This shall also specifically include such work where it is referred to by utilization of such terms as “quality control” or “quality assurance.”

2.2.2 The City may, at any time and at its sole discretion, add additional projects to be performed under this Ag reement. The City may remove projects from Attachment F that do not move forward due to funding limitations, legal constraints, City priorities, or other factors that impact the feasibility of the Project. In the instance of the City, the Public Services D irector or designee has the authority to approve such additions, modification, and deletions to Attachment F.

If the City removes a Project from the Project List, and subsequently determines, in its sole discretion, to move forward with that same Project, that Project shall be added to the Project List.

Section 2.3 Bundling of Contracts

2.3. 1 The City, in its sole discretion, may seek to group (or “bundle”) for bidding, projects not identified on the Project List. Projects not identified on the Project List may include 1309
Community Workforce Agreement 5 City of Costa Mesa

like types of work, scheduled to be undertaken at the same facility or on the same project site, and within the same timeframe, which may be considered for such bundling, consistent with City needs, economies of scale, and the purposes of this Agreement.

2.3. 2 Project Work will not be intentionally split, divided, or otherwise separate d for contract award purposes to avoid application of this Agreement.

Section 2.4 Applicability This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement.

Section 2.5 Exclusions Items specifically excluded from the scope of this Agreement include the following:

2.5.1 Work of non -manual employees, including but not limited to: superintendents; supervisors (except those covered by Master Labor Agreements above the level of general foreman); staff engineers; time keepers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, executive, administrative, supervisory and management employees;

2.5.2 Equipment and machinery owned, controlled, and operated by the City;

2.5.3 All off -site manufacture and handling of materials, equipment or machinery; provided, however, the movement of materials or goods between a Project site and lay down or storage areas for equipment and materials dedicated solely to the Project are within the scope of this Agreement;

2.5.4 All work performed by City employees, the CWA Administrator, design teams (including, but not limited to, architects engineers and master planners), or any other consul tants for the City (including, but not limited to, project managers and construction managers and their employees where not engaged in Project Work) and their sub-consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement.

2.5.5 Any work performed on or near or leading to or into a site of work covered by this Agreement and undertaken by Federal, state, county, city or other governmental bodies, or their Contractors; or by public utili ties, or their Contractors; and/or by the City or its Contractors (for work for which is not within the scope of this Agreement);

2.5.6 Off-site maintenance of leased equipment and on-site supervision of such work;

2.5.7 Work by employees of a manufacturer or vendor supervising the work of craft employees under this Agreement, necessary to maintain such manufacturer’s or vendor’s warranties or guaranty;

2.5.8 Non-construction support services contracted by the City or City consultants in connection with a Project;

2.5.9 Laboratory work for testing or other environmental, permitting, or regulatory 1310
Community Workforce Agreement 6 City of Costa Mesa

compliance requirements.

2.5.10 All hauling from and delivery to the Project and deliveries of all materials required to complete the Project, except that the hauling/delivery of ready-mixed concrete, and the off-hauling of refuse from a public works site to an outside disposal location shall be covered by this Agreement.

2.5.11 Coverage Exception This Agreement shall not apply if the City receives or is reasonably anticipated to receiv e funding or assistance from any Federal, State, local or other public entity for the Project if a requirement, condition or other term of receiving that funding or assistance is that the City not require bidders, contractors, or other persons or entities to enter into an agreement with one or more labor organizations. This provision shall not apply to Projects awarded prior to the City’s application and/or receipt of such funding or assistance, so long as this Agreement does not jeopardize such funding or assistance.

Section 2.6 Awarding of Contracts for Project Work

2.6.1 The City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on Project Work to any Contractor notwithstanding the existence or non- existence of any agreements between such Contractor and any Union parties, provided only that such Contractor is ready, willing, and able to execute and comply with this Agreement should such Contractor be awarded Project Work covered by this Agreement.

2.6.2 It is agreed that all GCCs that have been awarded Construction Contracts, shall be required to accept and be bound to the terms and conditions of this Agreement, and shall evidence their acceptance by the execution of the Letter of Assent set forth in “Attachment A” hereto, prior to the commencement of any Project Work. At the time that any GCC enters into a subcontract with any Subcontractor of any tier providing for the performance of Project Work, the GCC shall provide a copy of this Agreement to said Subcontractor and shall require the Subcontractor, as a part of accepting the award from the GCC, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of Project Work. No GCC or Subcontractor shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the CWA Administrator and to the Trades Council before the commencement of Project Work.

Section 2.7 Master Labor Agreements

2.7.1 The provisions of this Agreement, including the Master Labor Agreements as such may be changed from time-to-time and which also are incorporated herein by reference, shall apply to all Contractors performing Project Work. This Agreement is not intended to supersede such Master Labor Agreements between any of the Contractors performing construction work on the Project and a Union signatory thereto except to the extent the provisions of this Agreement are inconsistent with such Master Labor Agreements, in which event the provisions of this Agreement 1311
Community Workforce Agreement 7 City of Costa Mesa

shall apply. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), work within the jurisdiction of the International Union of Elevator Constructors, and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians except that Article 7 - Work Stoppages and Lock-Outs, Article 8 - Work Assignments and Jurisdictional Disputes, and Article 10 - Settlement of Grievances and Disputes shall apply to such wo rk. Where a subject is covered by the provisions of a Master Labor Agreement and not in conflict with the provisions of this Agreement, the provisions of the Master Labor Agreement shall apply. It is specifically agreed that no later third party agreement shall be deemed to have precedence over this Agreement unless signed by all party’s signatory hereto who are then currently employed or represented at the Project. Any dispute as to the applicable source between this Agreement and any Master Labor Agreements for determining the wages, hours of working conditions of employees on a Project shall be resolved under the procedures established in Article 10.

2.7.2 It is understood that this Agreement, together with the referenced Master Labor Agreements, constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign a uniformly applied, non-discriminatory Subscription Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of each prime Contractor/GCC to have each of its subcontractors sign the appropriate Subscription Agreement, with the appropriate craft Union prior to the Subcontrac tor beginning work on Project Work.

Section 2.8 Binding Signatories Only This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Party not performing Project Work.

Section 2.9 Other City Work Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work, or function not covered by this Agreement, which may be performed by City employees or contracted for by the City for its own account, on its property or in and around a Project site.

Section 2.10 Separate Liability It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City or CWA Administrator and/or any Contractor.

Section 2.11 Completed Project Work As areas of Project Work are accepted by the City, this Agreement shall have no further force or effect on such items or areas except where the Contractor 1312
Community Workforce Agreement 8 City of Costa Mesa

is directed by the City or its representatives to engage in repairs, modification, check-out and/or warranties functions required by its contract(s) with the City under the original contract.

ARTICLE 3

UNION RECOGNITION AND CRAFT EMPLOYMENT

Section 3.1 Recognition The Contractors recognize the Trades Council and the Unions as the sole and exclusive bargaining representative for the craft employees engaged in Project Work.

Contractors further recognize that the Unions shall be the primary source of craft labor emplo yed on the Project Work except as may otherwise be provided for in this Agreement. In the event that a Contractor has its own core workforce, said Contractor shall follow the procedures outlined in Section 3.8 below.

Section 3.2 Contractor Selection of Cr aft Employees The Contractor shall have the right to determine the competency of craft employees, the number of craft employees required, the duties of such craft employees within their craft jurisdiction, and shall have the sole responsibility for selecting craft employees to be laid off, consistent with Section 3.3 and Section 4.3 of this Agreement. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any reporting pay required by Article 6; provi ded, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor’s commitment to employ qualified craft workers through the procedures identified in this Agreement.

Section 3.3 Referral Procedures

3 . 3 . 1 For signatory Unions now having a job referral system contained in a Master Labor Agreement, the Contractor agrees to comply with such system, and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with Federal, State, and local laws and regulations which require equal employment opportunities and non -discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated so as to consider the goals of the City to encourage employment of Local Hires on Project Work, and to facilitate the ability of all Contractors to meet their employment needs.

3 . 3 . 2 The local Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer Apprentices as requested to develop a larger skilled workforce. The Unions will work with their affiliated regional and national unions, and jointly with the CWA Administrator and others designated by the City, to identify and refer competent craft workers as needed for Project Work, and to identify and hire individuals, particularly Local Hires, for entrance into joint labor/management apprenticeship programs, or to participate in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft workers for Project Work to be undertaken by the City.
1313
Community Workforce Agreement 9 City of Costa Mesa

3 . 3 . 3 The Union shall not knowingly refer a craft employee currently employed by a Contractor on a covered Project to any other Contractor.

Section 3.4 Non-Discrimination in Referral, Craft Employment, and Construction Contracting The Unions and Contractors agree that they will not discriminate against any craft employee o r applicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, gender identity, gender expression, pregnancy, national origin, age, membership in a labor organization, sexual orientation, political affiliation, gen etic information, medical condition, marital status or disability.

Section 3.5 Employment of Local Hires

3.5.1 The Unions and Contractors agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft Local Hires to fulfill the requirements of the Contractors. In recognition of the fact that the City and the communities surrounding Project Work will be impacted by the construction of the Project Work, the Parties agree to support the hiring of Local Hires for Project Work as further described in this Section 3.5.

3.5.1.2 Towards that end, the Parties hereby establish a goal that 35% of all construction labor hours worked on the Project shall be from the City and the communities surrounding Project Work, Veterans, graduates from the Building Trades multi-craft core curriculum and graduates of high schools whose district boundaries include any portion of Costa Mesa, regardless of their residency, in the following order: first, area residents residing within those first tier zip codes which overlap the City boundaries, as reflected on the list of U.S. Postal Service zip codes attached hereto as “Attachment B”, second, Veterans, regardless of their residency, primarily through, but not limited to, the Helmets to Hardhats program further described in Section 3.7, third, graduates of high schools whose district boundaries include any portion of Costa Mesa, regardless of their residency, fourth, graduates from the Building Trades multi-craft core curriculum, and fifth, area residents residing within the remainder of the U.S.

Postal Service zip codes for Orange County, as attached hereto in “Attachment B.” For dispatch purposes, employees described in this Section 3.5.1.2 shall be referred to as “Local Hires.”

3.5.1.3 Separate and apart from the required 35% threshold for Local Hires, the Unions shall establish referral mechanisms to ensure the recruitment, training and placement of Transitional Workers into pre-apprenticeship and apprentice programs, with a goal of 10% of such Transitional Workers being placed from such programs. “Transitional Workers” means an individual who, prior to commencing work on the project, faces one of the following barriers to employment: (1) being homeless; (2) being a custodial single parent; (3) receiving public assistance; (4) lacking a GED or high school diploma; (5) ha ving experience with the criminal justice system; (6) suffering from chronic unemployment; and (7) emancipated from the foster care system.

3.5.2 The Unions agree to support pre-apprentice referral programs in the City or County of Orange. Further, the Unions agree to place on their referral rolls or in their apprentice training programs, as appropriate and needed, qualified persons sent to them by designated City organizations or other organizations working with the City to increase construction industry work 1314
Community Workforce Agreement 10 City of Costa Mesa

opportunities for Local Hires. Additionally, Unions agree to collaborate with local non -profit organizations and high schools whose attendance boundaries include any portion of Costa Mesa, Orange Coast Community College, and any trade schools located in or around the City of Costa Mesa to inform individuals about career opportunities through apprenticeships and to conduct joint outreach to recent graduates through participation in job fairs or other career events.

Section 3.6 Requirements on Contractors To facilitate the dispatch of Local Hires, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for Project Work, a sample of which is attached as “Attachment C.” When Local Hires are requested by Contractors, the Unions will refer such craft workers regardless of their place in the Unions’ hiring halls’ list and normal referral procedures.

Section 3.7 Helmets to Hardhats The City, Contractor, and th e Unions recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in careers in the building and construction industry. The City, Contractor, and Unions agree to utilize the services of non-profit Veterans support organizations, including but not limited to, the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. For purposes of this Agreement, the term “Eligible Veteran” shall have the same meaning as the term “veteran” as defined under Title 5, Section 2108(1) of the United States Code as the same may be amended or re -codified from time to time. It shall be the responsibility of each qualified applicant to provide the Unions with proof of his/her status as an Eligible Veteran.

3.7.1 The Unions and Contractors agree to coordinate with non -profit Veteran organizations, including, the Center to create and maintain an integrated database of veterans interested in wor king on Project Work and the associated apprenticeship and employment opportunities for working on Project Work. To the extent permitted by law, the Unions will give credit to such Veterans for bona fide, provable past experience.

Section 3.8 Core Employees

3 . 8 . 1 Contractors that are not independently signatories to a Master Labor Agreement with the Union(s) that represent the craft employees which the Contractor employs, may hire, as needed, first, a member of his/her core workforce, then an employee through a referral from the appropriate Union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five (5) core employees are employed by the Contractor, thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall in accordance with Section 3.3. In the laying off of employees, the number of core employees shall not exceed one-half plus one of the workforce for an employer with ten (10) or fewer employees, assuming the remaining employees are qualified to undertake the work available. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractor s shall require their core employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment at a Project site.

1315
Community Workforce Agreement 11 City of Costa Mesa

3 . 8 . 2 The core work force is comprised of those craft employees whose names appeared on the Contractor’s active payroll for sixty (60) of the one hundred (100) working days immediately before award of Project Work to the Contractor; who have worked at least two - thousand (2,000) hours in the construction craft in which they are employed, during the prior four (4) years; who possess any license required by State or Federal law for the portion of the Project Work to be performed by them; and, who have the ability to safely perform the basic functions of the applicable trade.

3 . 8 . 3 Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of his core employees to the CWA Administrator and the Trades Council. Failure to do so will prohibit the Contractor from using any core employees. Upon request by any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory proof ( e.g., payroll records, quarterly tax records, and such governmental documentation) evidencing the core employee’s qualification as a core employee to the CWA Administrator and the Trades Council.

Section 3.9 Time for Referral If any Union’s registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that Contractor may use employment sources other than the Union registration and referral services and may employ applicants meeting such classification from any other available source. The Contractors shall inform the Union of any applicants hired from other sources and such applicants shall register with the appropriate hiring hall, if any, before commencing work.

Section 3.10 Lack of Referral Procedure If a signatory Union does not have a job referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. Contractors shall notify the Union of craft employees so hired, as set forth in Section

3.5. Section 3.11 Union Membership Employees are not required to become or remain union members or pay dues or fees, as a condition of performing Covered Work under this Agreement. Employers shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. Nothing in this Section 3.11 is intended to supersede the requirements of applicable Master Agreements as to those Employers otherwise signatory to such Master Agreements and as to the employees of those Employers who are performing Covered Work.

Section 3.12 Individual Seniority Except as provided in Section 4.3, individual seniority shall not be recognized or applied to craft employees performing Project Work; provided, however, that group and/or classification seniority in a Union’s Master Labor Agreement as of the effective date of this Agreement shall be recognized for purposes of layoffs.

Section 3.13 Foremen The selection and number of craft foremen and/or general foremen shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors.

Section 3.14 Out of State Workers In determining compliance with the targeted hiring goals of Section 3.5 above, hours of Project Work performed by residents of states other than California 1316
Community Workforce Agreement 12 City of Costa Mesa

will be excluded from the calculation.

ARTICLE 4

UNION ACCESS AND STEWARDS

Section 4.1 Access to Project Sites Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of craft employees and further provided that such representatives shall notify the person charged with on-site project supervision and fully comply with posted visitor, security and safety rules.

Section 4.2 Stewards

4.2.1 Each signatory Union shall have the right to dispatch a working journeyperson as a steward for each shift and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person’s duties as steward. Such designated steward or stewards shall not exercise any supervisory fun ctions. There will be no non -working stewards. Stewards will receive the regular rate of pay for their respective crafts.

4.2.2 In addition to his/her work as a craft employee, the steward should have the right to receive, but not to solicit, complaints or grie vances and to discuss and assist in the adjustment of the same with the craft employee’s appropriate supervisor. Each steward should be concerned only with the craft employees of the steward’s Contractor and, if applicable, subcontractor(s), and not with the craft employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his/her/their Union duties.

4.2.3 When a Contractor has multiple, non -contiguous work locations at one site, the Contractor may reque st, and the Union shall appoint, such additional working stewards as the Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor.

4.2.4 The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime.

Section 4.3 Steward Layoff/Discharge Contractor agrees to notify the appropriate Union twenty - four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Master Labor Agreement, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subjec t to any later filed grievance) until twenty-four (24) hours after such notice has been given. 1317
Community Workforce Agreement 13 City of Costa Mesa

ARTICLE 5

WAGES AND BENEFITS

Section 5.1 Wages All craft employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay th at rate as of its effective date under the law. This Agreement does not relieve Contractors that are direct signatories to a Master Labor Agreement with one of the Unions signing this Agreement from paying all of the wages set forth in such Agreements.

Section 5.2 Benefits

5.2.1 Contractors shall pay contributions to the established craft employee benefit funds in the amounts designated in the appropriate Master Labor Agreement and make all craft employee–authorized deductions in the amounts designated in the appropriate Master Labor Agreement, however, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. This Agreement does not relieve Contractors that are direct signatories to one or more of the Master Labor Agreements from making all contributions set forth in those Master Labor Agreements without reference to the foregoing.

5.2.2 The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreem ent(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor.

5.2.3 Each Contractor is required to certify under penalty of perjury and provide that certification to the CWA Administrator, who may conclusively rely on such certification, that it has paid all benefit contributions due and owing to the appropriate trust(s). Further, upon timely notification by a Union to the CWA Administrator, the CWA Administrator shall work with any GCC or Subcontractor who is delinquent in such payments to assure that proper benefit contributions are made.

Section 5.3 Wage Premiums Wage premiums, including but not limited to pay based on height of work, hazard pay, scaffold pay, and special skills shall not be applicable to Project Work under this Agreement, except to the extent provided for in any applicable prevailing wage determination.

ARTICLE 6

HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS

Section 6.1 Hours of Work Eight (8) hours per day between the hours of 6:00 a.m. and 5:30 p.m., plus one-half (½) hour unpaid lunch approximately mid-way through the shift, shall constitute the standard work day. Forty (40) hours per week shall constitute a regular week’s work. The work week will start on Sunday and conclude on Saturday. The foregoing provisions of this Section are applicable unless otherwise provided in the applicable prevailing wage determination, construction contract neighborhood-friendly policies, as described in the Project specifications, or 1318
Community Workforce Agreement 14 City of Costa Mesa

are agreed upon by the Parti es. Nothing herein shall be construed as guaranteeing any employee eight (8) hours per day or forty (40) hours per week, or a Monday through Friday standard work schedule.

Section 6.2 Place of Work Craft employees shall be at their place of work (as designated by the Contractor), at the starting time and shall remain at their place of work, performing their assigned functions, until quitting time. The place of work is defined as the gang or tool -box or equipment at the employee’s assigned work location or the place where the foreman gives instructions. Except as provided in Section 6.6, there shall be no pay for time not worked unless the employee is otherwise engaged at the direction of the Contractor.

Section 6.3 Overtime Overtime shall be paid in accordance with the requirements of the applicable prevailing wage determination. There shall be no restriction on the Contractor’s scheduling of overtime or the nondiscriminatory designation of employees who will work overtime. There shall be no pyramiding of overtime (payment of more than one form of overtime compensation for the same hour) under any circumstances.

Section 6.4 Shifts and Alternate Work Schedules

6 . 4. 1 The Parties recognize the economic impact for Project Work being undertaken by the City and agree that Parties to this Agreement desire and intend Project Work to be undertaken in an effective manner to the highest standard of quality and craftsmanship. The Parties agree that, except to the extent permitted by law, craft employees performing Project Work shall not be entitled to any differentials or additional pay based upon the shift or work schedule of the employees. Instead, all employees working on Project Work shall be paid at the same base rate regardless of shift or work schedule worked, unless required under the applicable prevailing wage determination.

6 . 4. 2 It is recognized that the City’s operations and/or mitigation obligations may require restructuring of normal work schedules. Except in an emergency or when specified in the Construction Contract, the Contractor shall give affected Union(s) at least three (3) days’ notice of such schedule changes.

Section 6.5 Holidays Recognized holidays for Project Work shall be those set forth and governed by the prevailing wage determination(s) applicable to such Project Work.

Section 6.6 Show-up Pay

6.6.1 Except as otherwise required by State law, craft employees reporting for work and for whom no work is provided, except when given prior notification not to report to work, shall receive pay in accordance with the applicable Master Labor Agreement.

6.6.2 A craft employee called out to work outside of his/her shift shall receive a minimum of two (2) hours pay at the appropriate rate. This does not apply to time worked as an extension of (before or after) the craft employee’s normal shift.

6.6.3 When a craft employee leaves the job or work location of his/her own volition or is 1319
Community Workforce Agreement 15 City of Costa Mesa

discharged for cause or is not working, the craft employee shall only be paid for actual time worked.

Section 6.7 Meal Periods The Contractor will schedule a meal period in accordance with the applicable Master Labor Agreement.

Section 6.8 Make-up Days To the extent permitted by the applicable general wage determination, when a craft employee has been prevented from working for reasons beyond the control of the Contractor, including, but not limited to inclement weather or other natural causes, during the regularly scheduled work week, a make-up day may be worked on a non-regularly scheduled work day subject to prevailing wage law.

ARTICLE 7

WORK STOPPAGES AND LOCK-OUTS

Section 7.1 No Work Stoppages or Disruptive Activity The Trades Council and the Unions signatory hereto agree that neither they, and each of them, nor their respective officers or agents or representatives, shall incite or encourage, condone or participate in any strike, walk -out, slow- down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related t o the City or Contractors, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes, secondary strikes, sick -out strikes, and jurisdictional strikes whether or not the underlying dispute is arbitrable . Any such actions by the Trades Council, or Unions, or their members, agents, representatives or the employees they represent shall constitute a violation of this Agreement. The Trades Council and the Union shall take all steps necessary to obtain and maintain compliance with this Article.

Section 7.2 Employee Violations The Contractor shall discharge any employee violating Section

7.1 above and any such employee will not be eligible for rehire under this Agreement.

Section 7.3 Standing to Enforce The City or any Contractor affected by an alleged violation of Section 7.1 shall have standing and the right to enforce the obligations established therein.

Section 7.4 Expiration of Master Labor Agreement If the Master Labor Agreement (MLA), or any local, regional, and other applicable collective bargaining agreements expire during the term of this Agreement, the Union(s) agree that there shall be no work disruption of any kind as described in Section 7.1 above as a result of the expiration of any such agreement(s) having application under this Agreement and/or failure of the involved parties to the Master Labor Agreement to enter into a new agreement. Terms and conditions of employment established during the term of the Construction Contract shall remain established and set. Otherwise to the extent that the Master Labor Agreement does expire and the parties to that Master Labor Agreement have failed to enter into a new agreement, work will continue under the terms of the Construction Contract on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors that are independently signatory to the affected Master Labor Agreement (hereinafter “Signatory Contractors”):

7 . 4. 1 Each of the Unions with a Master Labor Agreement expiring must offer to its 1320
Community Workforce Agreement 16 City of Costa Mesa

Signatory Contractors the right to continue working on the Project under interim agreements that retain all the terms of the expiring Master Labor Agreement, except that the Unions involved in such expiring Master Labor Agreement may each propose wage rates and Contractor contribution rates to employee benefit funds under the prior Master Labor Agreement different from what those wage rates and Contractor contributions rates were under the expiring Master Labor Agreements.

The terms of the Union’s interim agreement offered to its Signatory Contractors will be no less favorable than the terms offered by the Union to any other Contractors or group of Contract ors covering the same type of construction work in Orange County.

7 . 4. 2 Each of the Unions with a Master Labor Agreement expiring must offer to its Signatory Contractors the right to continue working on the Project under all the terms of the expiring Master Labor Agreement, including the wage rates and employer contribution rates to the employee benefit funds, if the Signatory Contractor affected by that expiring Master Labor Agreement agrees to the following retroactive provisions: if a new MLA, local, regional or other applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then all affected Signatory Contractors shall pay to its craft employees who performed work covered by this Agreement at the Project during the hiatus between the effective dates of such expired and new labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new labor agreement for such increase to go into effect, for each craft employee’s hours worked on the Project during the retroactive period. All Parties agree that such affected Signato ry Contractors shall be solely responsible for any retroactive payment to its craft employees.

7 . 4. 3 Some Signatory Contractors may elect to continue to work on the Project under the terms of the interim agreement option offered under paragraph 7.4.1 and other Signatory Contractors may elect to continue to work on the Project under the retroactivity option offered under paragraph 7.4.2. To decide between the two options, Signatory Contractors will be given one week after the particular Master Labor Agreement has expired or one week after the Union has personally delivered to the Signatory Contractors in writing its specific offer of terms of the interim agreement pursuant to paragraph 7.4.1, whichever is the later date. If the Signatory Contractor fails to timely select one of the two options, the Signatory Contractor shall be deemed to have selected the provisions of 7.4.2.

Section 7.5 No Lockouts Contractors shall not cause, incite, encourage, condone or participate in any lock-out of craft employees with respect to Project Work during the term of this Agreement.

The term “lock-out” refers only to a Contractor’s exclusion of craft employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination or layoff of craft employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement, nor does “lock -out” include the City’s decision to stop, suspend or discontinue any Project Work or any portion thereof for any reason.

Section 7.6 Best Efforts to End Violations

7.6.1 If a Contractor contends that there is any violation of this Article, it shall notify, in writing, the Executive Secretary of the Trades Council, the Senior Executive of the involved Union(s) and the CWA Administrator. The Executive Secretary and the leadership of the involved Union(s) will promptly notify and use their best efforts to cause the cessation of any violation of 1321
Community Workforce Agreement 17 City of Costa Mesa

this Article.

7.6.2 If the Union contends that any Contractor has violated this Article, it will notify the Contractor and the CWA Administrator, setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 7.8.

Section 7.7 Withholding of Services for Failure to Pay Wages and Fringe Benefits

7.7.1 Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor who:

(a) fails to timely pay its weekly payroll; or

(b) fails to make timely payments to the Union’s Joint Labor/Management Trust Fund(s) in accordance with the provisions of the applicable Master Labor Agreements. Prior to withholding its members’ services for the Contractor’s failure to make timely payments to the Union’s Joint Labor/Management Trust Fund(s), the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union’s Master Labor Agreement, but in no event less than forty-eight (48) hours written notice of such failure to pay to the involved Contractor and to the CWA Administrator. Union will meet with the Contractor within the ten (10) day period to attempt to resolve the dispute.

7.7.2 Upon the payment by the delinquent Contractor of all monies due and then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such craft employees back to work. Notwithstanding anything to the contrary, the provisions for liquidated damages or any other delay related damages under the Construction Contract remain in full force and effect.

Section 7.8 Expedited Enforcement Procedure Any Party, including the City, which the Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary of this Article, or the CWA Administrator, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 7.1 or 7.5, above, or Section

8.3 is alleged.

7.8.1 The Party invoking this procedure shall notify the first arbitrator identified in the List of Arbitrators attached hereto as Attachment D. If this arbitrator identified in Attachment D is unavailable, the Party invoking this procedure shall notify the next arbitrator listed. Should none of the named arbitrators be available, an alternate arbitrator mutually agreed upon by the Parties will be selected to hear the matter. Expenses incurred in arbitrat ion shall be borne equally by the Contractor and Unions involved in the arbitration and the decision of the arbitrator shall be final and binding on the Contractor and Unions, provided, however, that the arbitrator shall not have the authority to alter or amend or add to or delete from the provisions of this Agreement in any way. Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Trades Council if it is a Union alleged to be in violation.

For purposes of this Article, written notice may be given by certified mail and will be deemed effective upon receipt.
1322
Community Workforce Agreement 18 City of Costa Mesa

7.8.2 Upon receipt of said notice, the arbitrator selected shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty - four (24) hours after notice has been dispatched to the Executive Secretary and the Senior Official(s) as required by Section 7.6, as above.

7.8.3 The arbitrator shall notify the Parties of the place and time chosen for this hearing.

Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed 24 hours unless otherwise agreed upon by the Contractor and Unions.

A failure of any Contractor or Union to attend said hearings shall not delay the hearing of evidence or the issuance of any decision by the arbitrator.

7.8.4 The sole issue at the hearing shall be whether or not a violation of Sections 7.1 or

7.5, or 8.3 has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation. The decision shall be issued in writing within three (3) hours after the close of the hearing and may be issued with out an opinion. If the Contractor or Unions desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the decision. The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such decision shall be served on all Parties by hand or certified mail upon issuance.

7.8.5 Such decision shall be final and binding on Contractor and Unions and may be enforced by any court of competent jurisdictio n upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the affected Contractor and Union. In any judicial proceeding to obtain a temporary order enforcing the arbitrator’s decision as issued under this Article, the Contractor and Unions waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive the Contractor or Unions’ right to participate in a hearing for a final order of enforcement. The court’s order or orders enforcing the arbitrator’s decision shall be served on the Contractor and Unions by hand or by certified mail.

7.8.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Contractor or Unions to whom they accrue.

7.8.7 The fees and expenses of the arbitrator shall be equally divided between t he Contractor and Union involved in the matter.

ARTICLE 8

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

Section 8.1 Assignment of Work The assignment of Project Work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

Section 8.2 The Plan All jurisdictional disputes on Project Work between or among the building and construction trades Unions and the craft employers parties to this Agreement, shall be settled 1323
Community Workforce Agreement 19 City of Costa Mesa

and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure t hat may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractor and Unions involved in the dispute.

8.2.1 If a dispute arising under this Article involves the Southwest Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Arbitrator’s hearing on the dispute shall be held at the offices of the Trades Council within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

Section 8.3 No Work Disruption Over Jurisdiction All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow -down of any nature, and the Contractor’s assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge.

Section 8.4 Pre-Job Conferences As provided in Article 16, each Contractor will conduct a pre-job conference with the appropriate affected Union(s) prior to commencing work; provided however, at no time shall the City be responsible for additional costs related to, associated with, or resulting from Union(s) jurisdictional disputes. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish.

Section 8.5 Resolution of Jurisdictional Disputes If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand -billing or otherwise advising the public that a labor dispute exists, or interference with the progress of Project Work by reason of a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set forth in the Plan, if such procedures are in the Plan then currently in effect, or otherwise as in Article 7 above.

ARTICLE 9

MANAGEMENT RIGHTS

Section 9.1 Contractor and City Rights The Contractors and the City have the sole and exclusive right and authority to oversee and manage Project Work activities without any limitations unless expressly limited or required by a specific provision of this A greement or a Master Labor Agreement. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’s rights include, but are not limited to, the right to:

(a) Plan, direct and control all work activities;

(b) Hire, promote, transfer and layoff craft employees, respectively, as deemed appropriate to satisfy work and/or skill requirements;

(d) Discharge, suspend or discipline craft employees for just cause; 1324
Community Workforce Agreement 20 City of Costa Mesa

(e) Utilize, in accordance with City approval, any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and
(f) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Master Labor Agreement(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.

Section 9.2 Specific City Rights In addition to the following and other rights of the City enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. The City’s rights (and those of the CWA Administrator on its behalf) include, but are not limited to the right to:

(a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements;

(b) Require Contractors to establish a different work week or shift schedule for particular craft employees as required to meet the operational needs of the Project Work at a particular location;
(c) At its sole option, terminate, delay and/or suspend any and all portions of the Project Work at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing City services and/or to mitigate the effect of ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain City service levels and remain a good neighbor to those in the area of the Project Work. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the CWA Administrator and the affected Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant to this section; provided, however, that if notice is not provided in time to advise craft employees not to report for work, show -up pay shall be due pursuant to the provision of Article 6.

Section 9.3 Use of Materials There will be no limitations or restrictions by Unions upon a Contractor’s choice of materials, design, or utilization of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the State Public Contracts and Labor Codes as required by law. The onsite installation or application of such items shall be performed by the craft havi ng jurisdiction over such work.

Section 9.4 Special Equipment, Warranties, and Guaranties

9 . 4 . 1 It is recognized that certain equipment of a highly technical and specialized nature as specified by the City or manufacturer may be installed at Project Work sites . The nature of the equipment, together with the requirements for manufacturer’s warranties, may dictate that it be prefabricated, pre -piped and/or pre -wired and that it be installed under the supervision and direction of the City’s and/or manufacturer’s p ersonnel. Unless otherwise required to prevent the 1325
Community Workforce Agreement 21 City of Costa Mesa

loss of or negate manufacturer warranties, the Unions agree to install such equipment without incident and as required by the manufacturer(s).

9 . 4 . 2 The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor -savings devices and methods of performing Project Work. The Union agrees that they will not restrict the implementation of such devices or work methods. The Unions will ac cept and will not refuse to handle, install or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction.

9 . 4 . 3 If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre -assembled item is a standardized or catalog part or item, the Project Work will precede as directed by the Contractor and the Parties shall promptly consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 10.

ARTICLE 10

SETTLEMENT OF GRIEVANCES AND DISPUTES

Section 10.1 Cooperation and Harmony on Site

10.1.1 This Agreement is intended to establish and foster continued close cooperation between the City, Contractors, and Unions. The Trades Council shall assign a representative to this Agreement for the purpose of assisting the local Unions, and working with the CWA Administrator, together with the Contractors, to complete the Project Work efficiently, continuously and without any interruption, delays or work stoppages.

10.1.2 The Contractors and Unions, will attempt to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 7 or 8.

10.1.3 The CWA Administrator shall facilitate the processing of grievances under Articles 7, 8, and 10, including the scheduling and arrangements of facilities for meetings, and any other administrative matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the Contractors and Unions to any pending grievance to insure the time limits and deadlines are met.

Section 10.2 Processing Grievances Any questions arising out of and during the term of this Agreement involving its interpretation and appli cation, which includes applicable provisions of the Master Labor Agreement, but not jurisdictional disputes or alleged violations of Section 7.1 and 7.4 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures.

Step 1. Employee Grievances When any craft employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the craft employee shall, through his/her local Union business representative or, job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved 1326
Community Workforce Agreement 22 City of Costa Mesa

Contractor stating the provision(s) alleged to have been violated. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to resolve the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non -precedential except as to the parties directly involved.

Union or Contractor Grievances Should the Union(s) or any Contractor(s) have a dispute and, if after conferring within ten (10) working days after the disputing Union(s) or Contractor(s) knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in Step 1 above for the adjustment of a craft employee complaint.

Step 2. The business manager of the involved Union or his/her designee, togethe r with the site representative of the involved Contractor, shall notify the CWA Administrator, and conduct a meeting between the Union and the Contractor within seven (7) working days of the referral of the dispute to this second step to arrive at a satisf actory settlement thereof. If the Union(s) and Contractor(s) fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2.

Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union(s) or Contractor(s) may proceed with the selection of an arbitrator from Attachment D, on a rotational basis in the order listed within seven (7) calendar day s after the initial Step 2 meeting. The Union(s) and Contractor(s) shall notify the CWA Administrator of the date, time and request a meeting location for the hearing. The failure of any party to attend said hearing shall not delay the hearing of evidence or the issuance of any decision by the arbitrator.

The decision of the arbitrator shall be final and binding on all parties.

(b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by consent of the Union(s) and Contractor(s) involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to or detract from any of the provisions of this Agreement.

(c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Union(s) and Contractor(s) in arbitration, shall be divided eq ually by the Union(s) and Contractor(s) involved. The City is responsible for providing meeting locations where the arbitration takes place.

Section 10.3 Limit on Use of Procedures The procedures contained in Article 10 shall not be applicable to any alle ged violation of Articles 7 or 8, with a single exception that any craft employee discharged for violation of Section 7.2, or Section 8.3, may resort to the procedures of 1327
Community Workforce Agreement 23 City of Costa Mesa

Article 10 to determine only if he/she was, in fact, engaged in that violation.

Section 10.4 Notice The CWA Administrator (and the City, in the case of any grievance regarding the Scope of this Agreement), shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the CWA Administrator shall, upon his/her/their/its own request, be permitted to participate fully as a party in all proceedings at such steps.

ARTICLE 11

REGULATORY COMPLIANCE

Section 11.1 Compliance with All Laws The Trades Council and all Unions, Contractors, and their craft employees shall comply with all applicable Federal, State, and local laws, ordinances and regulations including, but not limited to, those relating to safety and health, employment and applications for employment. All craft employees shall comply with the safety regulations established by the Division of Occupational Safety and Health (Cal/OSHA), the City, or the Contractor. Craft employees must promptly report any injuries or accidents to a supervisor.

Section 11.2 Prevailing Wage Compliance All Contractors shall comply with the State laws and regulations, as well as the Costa Mesa City Municipal Code, or resolutions on prevailing wages.

Compliance with this obligation may be enforced by the a ppropriate parties through Article 10 above, or by pursing the remedies available under State law through the Labor Commissioner or the Department of Industrial Relations (DIR).

Section 11.3 Violations of Law Should there be a finding by a Court or administrative tribunal of competent jurisdiction that a Contractor has violated Federal and/or State law or regulation, the City, upon notice to the GCC that it or its Subcontractors is in such violation (including any finding of non-compliance with the California prevailing wage obligations as enforced pursuant to DIR regulations), may take such action as it is permitted by law or Construction Contract to compel the Contractor to remedy the violation, subject to the applicable Construction Contract.

ARTICLE 12

SAFETY AND PROTECTION OF PERSON AND PROPERTY

Section 12.1 Safety

12.1.1 It shall be the responsibility of each Contractor to ensure safe working conditions and craft employee compliance with applicable s afety regulations established by the Division of Occupational Safety and Health (Cal/OSHA), or City safety rules, or Contractor safety rules. It is understood that craft employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the City.

12.1.2 Craft employees shall be bound by the safety, security and visitor rules established by the Contractor and/or the City. These rules will be published and posted. A cr aft employee’s failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge.

12.1.3 The Contractor shall comply with the Substance Abuse Policy attached hereto as Attachment E and the City’s Substance Abuse Policy attached hereto as Attachment H. 1328
Community Workforce Agreement 24 City of Costa Mesa

Section 12.2 Water and Sanitary Facilities The Contractor shall provide adequate supplies of drinking water and sanitary facilities for all craft employees as required by state law or regulation.

ARTICLE 13

TRAVEL AND SUBSISTENCE

Travel expenses, travel time, subsistence allowances, zone rates, and parking reimbursements shall be paid in accordance with the applicable Master Labor Agreement unless superseded by the applicable prevailing wage determination.

ARTICLE 14

APPRENTICES

Section 14.1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the Local Hires, and the opportunities to provide continuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist Local Hires to commence and progress in Labor/Management Apprenticeship and/or training programs in the construction industry leading to participation in such apprenticeship programs. The City and the Trades Council will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions.

Section 14.2 Use of Apprentices

14.2.1 Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprentic eship Programs approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft’s work force (calculated by hours worked) at any time, unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards (“DAS”), establish a lower or higher maximum percentage. Where the standards permit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.

14.2.2 The Unions agree to cooperate with the Contractor in furnishing Apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utiliza tion both as to Apprentices and the overall supply of journey -level craft workers. The Unions and Trades Council will work to provide appropriate and maximum utilization of Apprentices and the continuing availability of both apprentices and journey-level craft workers.

14.2.3 The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journey -level worker working on the Project where the 1329
Community Workforce Agreement 25 City of Costa Mesa

Apprentice is to be employed who is qualified to assist and oversee the Apprentice’s progress through the program in which he/she is participating.

14.2.4 All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in th e California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and con tent of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman’s qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker’s qualification as a journeyman to the Trades Council.

ARTICLE 15

WORKING CONDITIONS

Section 15.1 Working conditions shall be established by the Contractor to meet all Federal, state, and local requirements, as well as those set forth in the Master Labor Agreements.

ARTICLE 16

PRE-JOB CONFERENCES

Section 16.1 Each Primary Contractor which is awarded a Construction Contract by the City for Project Work shall conduct a Pre -Job conference with the appropriate affected Union(s) prior to commencing Project Work. All Subcontractors that have been awarded contracts by the GCC shall attend the Pre-Job conference. The Trades Council and the CWA Administrator shall be advised in advance of all such Pre-Job conferences and may participate if they wish. All work assignments shall be disclosed by the GCC and all Subcontractors at the Pre-Job conference in accordance with industry practice. Should there be any formal jurisdictional dispute raised under Article 8, the CWA Administrator shall be promptly notified. The GCC shall have available at the Pre -Job conference the plans and drawing for the work to be performed on the Project. Should additional Project Work not previously included within the scope of the Project Work be added, the Contractors performing such work will conduct a separate Pre -Job conference for such newly included work. At no time shall the City be responsible for additional costs related to, associated with, or resulting from jurisdictional disputes or newly included work not previously identified in the Construction Contract.

ARTICLE 17

LABOR/MANAGEMENT COOPERATION

Section 17.1 Joint Committee The Parties to this Agreement may establish a six (6) person Joint Administrative Committee (JAC). This JAC s hall be comprised of three (3) representatives selected by the City and three (3) representatives selected by the Trades Council to monitor compliance with the terms and conditions of this Agreement and to recommend amendments to this Agreement, with the exception of the Projects List specified in Section 2.2.1 and the term of this Agreement under Section 22.1, when doing so would be to the mutual benefit of the Parties.

Any amendment to this Agreement will require City Council approval. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this 1330
Community Workforce Agreement 26 City of Costa Mesa

Agreement. A JAC meeting shall only commence when at least two (2) representatives selected by the City and at least two (2) representatives selected b y the Trades Council are present. For voting purposes, an equal number of City and Union representatives must be present.

Section 17.2 Functions of Joint Committee The JAC shall meet on a schedule to be determined by the JAC or at the call of the joint chairs, to discuss the administration of the Agreement, the progress of a Project, general labor management problems that may arise, and any other matters consistent with this Agreement. Substantive grievances or disputes arising under Articles 7, 8 or 10 shall not be reviewed or discussed by this JAC but shall be processed pursuant to the provisions of the appropriate Article. The CWA Administrator shall be responsible for the scheduling of the meetings, the preparation of the agenda topics for the meetings, with input from the Unions, the Contractors, and the City. Notice of the date, time, and place of meetings, shall be given to the JAC members at least three (3) days prior to the meeting.

ARTICLE 18

SAVINGS AND SEPARABILITY

Section 18.1 Savings Clause It is not the intention of the City, Contractor, or the Union parties to violate any laws governing the subject matter of this Agreement. The Parties her eto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the p art or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agr eement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.

Section 18.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid specification should a Court of competent jurisdiction issue any order, or any applicable statute which could r esult, temporarily or permanently, in delay of the bidding, awarding and/or construction of the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and effect on other covered Project Work; provided however, that the continuance of the Project is not determined to be financially or legally detrimental to the City, at its sole and absolute discretion.

ARTICLE 19
WAIVER

A waiver of or a failure to as sert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement 1331
Community Workforce Agreement 27 City of Costa Mesa

and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder.

ARTICLE 20

AMENDMENTS

The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto. In the event of any conflict or ambiguity between this Agreement and any Attachment or exhibit, the provisions of this Agreement shall govern.

ARTICLE 21

DURATION OF THE AGREEMENT

Section 21.1 Duration

21.1.1 This Agreement shall be effective from the date of approval by City Council, and shall remain in effect for a period of five (5) years. This Agreement may be terminated by written agreement signed by the Parties; provided h owever, that any covered Construction Contract approved during this Agreement shall continue to be covered hereunder, until completion of the Project Work, notwithstanding the termination or expiration date of this Agreement.

21.1.2 This Agreement may be extended by amendment, as approved by the City Council.

IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be 1332
Community Workforce Agreement 28 City of Costa Mesa

executed as of the date and year above stated.

CITY OF COSTA MESA LOS ANGELES/ORANGE COUNTIES
a municipal corporation BUILDING & CONSTRUCTION

TRADES COUNCIL

By: _ By: _
Lori Ann Farrell Harrison Chris Hannan City Manager Executive Secretary

DATE: DATE:

ATTEST:

By:_
Brenda Green, City Clerk

APPROVED AS TO FORM:

By: _
Kimberly Hall Barlow, City Attorney
DATE:
1333
Community Workforce Agreement 29 City of Costa Mesa

LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS

Asbestos Heat & Frost Insulators (Local 5)
Boilermakers (Local 92)
Bricklayers & Allied Craftworkers (Local 4)
Cement Masons (Local 500)
District Council of Laborers
Electricians (Local 441)
Elevator Constructors (Local 18) __________________________________ Gunite Workers (Local 345) __________________________________ Iron Workers (Reinforced – Local 416)
Iron Workers (Structural – Local 433)
Laborers (Local 300) (remediation)
Laborers (Local 652)
Laborers (Local 1184)
Operating Engineers (Local 12)
Operating Engineers (Local 12)
Operating Engineers (Local 12)
Painters & Allied Trades DC 36
Pipe Trades (Steamfitters Local 250)
Pipe Trades (Local 345)
Pipe Trades (Plumbers/Fitters Local 582)
Pipe Trades (Sprinkler Fitters Local 709)
Plasterers (Local 200)
Plaster Tenders Local (1414)
Roofers & Waterproofers (Local 220)
Sheet Metal Workers (Local 105)
Teamsters (Local 952)
Teamsters (Local 986)
Southwest Regional Council of Carpenters
1334
Community Workforce Agreement 30 City of Costa Mesa

ATTACHMENT A

LETTER OF ASSENT
To be signed by all Contractors awarded Project Work covered by the Community Workforce Agreement with the City of Costa Mesa prior to commencing work.

[Contractor’s Letterhead]
City of Costa Mesa Public Services Department
77 Fair Drive
Costa Mesa, CA 92626
Attn: CWA Administrator, Public Services Department
Re: Community Workforce Agreement - Letter of Assent
Dear CWA Administrator:

This is to confirm that [name of company] agrees to be party to and bound by the Community Workforce Agreement with the City of Costa Mesa effective _______ __, 202_ as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms.

Such obligation to be a party and bound by this Agreement shall extend to all Project Work covered by the Community Workforce Agreement undertaken by [name of company] on the Project and [name of company] shall require all of its contractors and subcontractors of whatever ti er to be similarly bound for all Project Work within the scope of the Community Workforce Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely.

[Name of Construction Company]

By: [ ] Name and Title of Authorized Executive
Contractor State License No.:

Project Name: ____________________________

[Copies of this letter must be submitted to the CWA Administrator and to the Trades Council Consistent with Section 2.6.2.]
1335
Community Workforce Agreement 31 City of Costa Mesa

ATTACHMENT B

LOCAL HIRE ZIP CODES

TIER 1

COSTA MESA CITY ZIP CODES
92626 and 92627

TIER 2

ORANGE COUNTY ZIP CODES
1336
Community Workforce Agreement 32 City of Costa Mesa

90620
90621
90622
90623
90624
90630
90631
90632
90633
90680
90720
90721
90740
90742
90743
92602
92603
92604
92605
92606
92607
92609
92610
92612
92614
92615
92616
92617
92618
92619
92620
92623
92624
92625
92626
92627
92628
92629

92630
92637
92646
92647
92648
92649
92650
92651
92652
92653
92654
92655
92656
92657
92658
92659
92660
92661
92662
92663
92672
92673
92674
92675
92676
92677
92678
92679
92683
92684
92685
92688
92690
92691
92692
92693
92694
92697

92698
92701
92702
92703
92704
92705
92706
92707
92708
92711
92712
92728
92735
92780
92781
92782
92799
92801
92802
92803
92804
92805
92806
92807
92808
92809
92811
92812
92814
92815
92816
92817
92821
92822
92823
92825
92831
92832

1337
Community Workforce Agreement 33 City of Costa Mesa

92833
92834
92835
92836
92837
92838
92840
92841
92842
92843
92844

92845
92846
92850
92856
92857
92859
92861
92862
92863
92864
92865

92866
92867
92868
92869
92870
92871
92885
92886
92887
92899

1338
Community Workforce Agreement 34 City of Costa Mesa

ATTACHMENT C

CITY OF COSTA MESA CWA

CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and submit this form to the applicable Union to request craft wor kers that fulfill the hiring requirements for this Project. After submitting your request, please call the Union Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please keep copies for your records.

The Community Workforce Agreement with the City of Costa Mesa establishes a goal that 35% of the total work hours shall be from Local Hires in the following order: first, area residents residing within those first tier zip codes which overlap the City boundaries, as reflected on the list of U.S. Postal Service zip codes attached hereto as “Attachment B”, second, Veterans, regardless of their residency, primarily through, but not limited to, the Helmets to Hardhats program further described in Section

3.7, third, graduates of high schools whose district boundaries include any portion of Costa Mesa, regardless of their residency, fourth, graduates from the Building Trades multi-craft core curriculum, and fifth, area residents residing within the remainder of the U.S. Postal Service zip codes for Orange County, as attached hereto in “Attachment B .” For dispatch purposes, employees described herein shall be referred to as “Local Hires.”

TO THE UNION: Please complete the “Union Use Only” section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.

CONTRACTOR USE ONLY

To: Union Local # Fax# ( ) Date:

Cc: CWA Administrator
From: Company: Issued By:

Contact Phone :( ) Contact Fax: ( )
PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.

Craft Classification
( i.e., plumber, painter,
etc.)

Journeyman
or
Apprentice

Local Hire
or
General Dispatch

Number
of
workers
needed

Report Date

Report Time

TOTAL WORKERS REQUESTED =

Please have worker(s) report to the following work address indicated below:

Project Name: Site: Address:

Report to: On-site Tel: On-site Fax:

Comment or Special Instructions:
1339
Community Workforce Agreement 35 City of Costa Mesa

UNION USE ONLY

Date dispatch request received:

Dispatch received by:

Classification of worker requested:

Classification of worker dispatched:

WORKER REFERRED

Name:

Date worker was dispatched:

Is the worker referred a: (check all that apply)

JOURNEYMAN Yes No
APPRENTICE Yes No
LOCAL HIRE Yes No
GENERAL DISPATCH FROM OUT OF WORK LIST Yes No
1340
Community Workforce Agreement 36 City of Costa Mesa

ATTACHMENT D

LIST OF ARBITRATORS

Louis Zigman
Mark Burstein
Walter Daugherty
Fred Horowitz
Sara Adler

1341
Community Workforce Agreement 37 City of Costa Mesa

ATTACHMENT E

SUBSTANCE ABUSE POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the work place and to maintain a drug and alcohol-free work environment, Contractors may require applicants or employees to undergo drug and alcohol testing.

1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement (“CWA”).

2. No Contractor may implement a drug testing program which does not conform in all respects to the provisions of this Policy.

3. No Contractor may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Work Supervisor. Said notice shall be addressed to the office of each Union signing the CWA. Said notice shall be delivered in person or by registered mail before the implementation of drug testing. Failure to give such notice shall make any drug testing engaged in by the Contractor a violation of the CWA, and the Contractor may not implement any form of drug testing at such jobsite for the following six months.

4. A Contractor that elects to implement drug testing pursuant to this Agreement shall require all craft employees on the Project Work to be tested. With respect to individuals who become employed on the Project Work subsequent to the proper implementation of this drug testing program, such test shall be administered upon the commencem ent of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to the proper implementation of this drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f) (1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.

5. The following procedure shall apply to all drug testing:

a. The Contractor may request urine samples only. The applicant or craft employee shall not be observed when the urine specimen is given. An applicant or craft employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No craft employee of the Contractor shall draw blood from a bargaining unit craft employee, touch or handle urine specimen, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant 1342
Community Workforce Agreement 38 City of Costa Mesa

or Contractor employee, shall be permitted to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.

b. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.

c. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMZT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS).

Cutoff levels for both the initial test and confirmation test will be those established by the SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new testing procedures are approved, then these new regulations will be deemed as part of this existing agreement. Confirmed positive samples will be retained by the testing laboratory in secured long- term frozen storage for a minimum of one year. Handling and transportation of each sample must be documented through strict chain of custody procedures.

d. In the event of a confirmed positive test result the applicant or craft employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's de signated laboratory. Retesting shall be performed at the applicant’s or craft employee’s expense. In the event of conflicting test results the Contractor may require a third test.

e. If, as a result of the above testing procedure, it is determined that an applicant or craft employee has tested positive, this shall be considered sufficient grounds to deny the applicant or craft employee his/her employment on the Project Work.

f. No individual who tests negative for drugs or alcohol pursuant to the above procedure and becomes employed on the Project Work shall again be subjected to drug testing with the following exceptions:

1. Craft employees who are involved in industrial accidents resulting in damage to plant, property or equipment or injury to him/herself or others may be tested pursuant to the procedures stated hereinabove.

2. The Contractor may test employees following thirty (30) days advance written notice to the craft employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove.

3. The Contractor may test a craft employee where the Contractor has reasonable cause to believe that the craft employee is impaired from performing his/her job. 1343
Community Workforce Agreement 39 City of Costa Mesa

Reasonable cause shall be defined as exhibiting aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (i.e., slurred speech, unusua1 lack of muscular coordination, etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the other of whom shall be the job steward. If the job steward is unavailable or there is no job steward on the project the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Craft employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor’s payroll.

g. Applicants or craft employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The Contractor will be allowed to conduct periodic job site drug testing on the Project under the following conditions:

a. The entire jobsite must be tested, including any craft employee or subcontractor’s craft employee who worked on that project three (3) working days before or after the date of the test;

b. Jobsite testing cannot commence sooner than thirty (30) days after start of the work on the Project;

c. Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected craft employees;

d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the provisions set forth in Paragraph 5 hereinabove.

e. Only two periodic tests may be performed in a twelve-month period.

7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the craft employee from the jobsite.

8. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the CWA.

9. The establishment or operation of this Policy shall not curtail any right of any craft employee found in any law, rule or regulation. Should any part of this Agreement be found 1344
Community Workforce Agreement 40 City of Costa Mesa

unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the parties, the remaining portions of the Agreement shall be unaffected, and the parties shall enter negotiations to replace the affected provision.

10. Present craft employees, if tested positive, shall have the prerogative for rehabilitation program at the craft employee’s expense. When such program has been successfully completed the Contractor shall not discriminate in any way against the craft employee. If work for which the craft employee is qualified exists, he/she shall be reinstated.

11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the e xtent permitted or required by law. Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a wr itten release and the information contained therein shall not be used to discourage the employment of the individual applicant or craft employee on any subsequent occasion.

12. The Contractor shall indemnify and hold the City of Costa Mesa and Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Attachment E and/or any program permitted hereunder.

13. Craft employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from craft employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Craft employees enrolled in substance abuse programs shall be subject to all Contractor rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

14. This policy shall constitute the only Agreement in effect between the parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the parties. 1345
Community Workforce Agreement 41 City of Costa Mesa

DRUG ABUSE PREVENTION AND DETECTION

APPENDIX A

CUTOFF LEVELS

DRUG

SCREENING
METHOD

SCREENING
LEVEL **

CONFIRMATION
METHOD

CONFIRMATION
LEVEL
Alcohol EMIT 0.02% CG/MS 0.02%
Amphetamines EMIT 1000 ng/m* CG/MS 500 ng/ml*
Barbiturates EMIT 300 ng/ml CG/MS 200 ng/ml
Benzodiazepines EMIT 300 ng/ml CG/MS 300 ng/ml
Cocaine EMIT 300 ng/ml* CG/MS 150 ng/ml*
Methadone EMIT 300 ng/ml CG/MS 100 ng/ml
Methaqualone EMIT 300 ng/ml CG/MS 300 ng/ml
Opiates EMIT 2000 ng/ml* CG/MS 2000 ng/ml*
PCP (Phencyclidine) EMIT 25 ng/ml* CG/MS 25 ng/ml*
THC (Marijuana) EMIT 50 ng/ml* CG/MS 15 ng/ml*
Propoxyphene EMIT 300 ng/ml CG/MS 100 ng/ml

* SAMHSA specified threshold

** A sample reported positive contains the Indicated drug at or above the cutoff level for that drug. A negative sample either contains no drug or contains a drug below the cutoff level.

EMIT - Enzyme Immunoassay
CC/MS - Gas Chromatography/Mass Spectrometry
1346
Community Workforce Agreement 42 City of Costa Mesa

SIDE LETTER OF AGREEMENT

TESTING POLICY FOR DRUG ABUSE

It is hereby agreed between the Unions and Contractors hereto that a Contractor who has otherwise properly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or craft employee a “quick” drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or craft employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.

An applicant or craft employee who selects one of the quick screen tests, and who passes the test, shall be put to work immediately. An applicant or craft employee who fails the “quick” screen test, or who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the “quick” screen test shall be discarded immediately upon conclusion of the test. An applicant or craft employee shall not be deprived of any rights granted to them by the Testing Policy for Drug Abuse a s a result of any occurrence related to the “quick” screen test.
1347
Community Workforce Agreement 43 City of Costa Mesa

ATTACHMENT F

PROJECT LIST

Fire Station 2 - Reconstruction
Fire Station 4 - Living Quarters Remodel
Fire Station 4 - Training Ground Improvements
Police Department - Emergency Operations Center & Property Evidence Facility Police Substation - Upgrades
Brentwood Park – Improvements
Davis School Field & Lighting - Design & Construction
Fairview Developmental Center Sports Complex
Fairview Park - CA-ORA-58 Fill Removal, Cap & Restore Native Habitat Fairview Park - Master Plan Implementation
Fairview Park - West Bluff Restoration
Kaiser Lighting and Turf
Lindbergh Park - Expand Park
Parsons - Lighting and Turf
Shalimar Park Expansion
Smallwood Park Reconstruction Project
TeWinkle Park - Lakes Repairs
Newport Boulevard Landscape Improvements - 19th St. to Bristol St.

Adams Ave.- Harbor Blvd. To Santa Ana River
Cherry Lake Storm Drain System - Phase I, II & III
Cherry Lake Storm Drain System - Phase IV & V
Citywide Storm Drain Improvements
Citywide Street Improvements
Westside Storm Drain Improvements
Adams Avenue Bicycle Facility- Fairview Rd. to Harbor Blvd.

Bristol St. / Sunflower Ave. - Intersection Improvement (Add 3rd NBL) Eastside Traffic Calming (Cabrillo St., 18th St., 22nd St.) Fairview Rd./ Wilson St. - Improvements (Add EBT, WBT)
Greenville-Banning Channel Pt. 2 (Santa Ana River Trail to South Coast Dr.) Harbor Blvd. / Gisler Ave. - Intersection Improvements (Add SBR) Harbor Blvd. / South Coast Dr. - Intersection Improvement (Add EBR) Harbor Blvd./ Adams Ave. - Intersection Improvements (Add NBL, NBR) Mission- Valencia Multi-Modal Access and Circulation Improvements Newport Boulevard Widening - From 19th St. to 17th St.

Paularino Channel - Multipurpose Trail
SR-55 Frwy. N/B / Baker St. - Intersection Improvement (Add NBL, EBL) West 17th St. Widening - (Newport Boulevard to Placentia Avenue) Wilson Street Widening - from College Ave. to Fairview Rd. 1348
Community Workforce Agreement 44 City of Costa Mesa

ATTACHMENT G

UNION CONTACT INFORMATION

Asbestos Heat & Frost Insulators Glaziers (Local 636)
(Local 5) 1155 Corporate Center Dr.
3833 Ebony St. Ontario, CA Monterey Park, CA 91754
Tel: (909) 390-3401 Tel: (626) 448-1565
Fax: (909) 390-3405 Fax: (626) 797-8395

Boilermakers (Local 92) Gunite Workers (Local 345)
2260 S. Riverside Avenue P.O. Box 3339
Bloomington, CA 92316 Burbank, CA 91508
Tel: (909) 877-9382 Tel: (818) 846-1303
Fax: (909) 877-8318 Fax: (818) 846-1226

Bricklayers & Allied Craftworkers Iron Workers (Reinforced – Local 416) (Local. 4) 13830 San Antonio Dr.
2679 Sierra Way Norwalk, CA 90650
LA Verne, CA 91750 Tel: (562) 868-1251
Tel: (626) 739-5600 Fax: (562) 868-1429
Fax: (626) 739-5610
Iron Workers (Structural – Local 433)
Drywall Finishers Local 1136 17495 Hurley St. East
Corporate Center Drive City of Industry, CA 91744
Monterey Park, CA 91754 Tel: (626) 964-2500
Tel: (626) 296-8003 Fax: (626) 964-1754
Fax: (626) 296-8076
Laborers (Local 300
Electricians (Local 441) Remediation)
309 N Rampart St. 2005 W. Pico Blvd.

Orange, CA 92868 Los Angeles, CA 90006
Tel: (714) 939-3131 Tel: (213) 385-3550
Fax: (714) 939-3132 Fax: (213) 385-6985

Elevator Constructors (Local 18) Laborers (Local 652)
2011 E Financial Way 1532 Chestnut Ave.

Glendora, CA 91741 Santa Ana, CA 92701
Tel: (626) 449-1869 Tel: (714) 542-7203
Fax: (626) 577-1055 Fax: (714) 542-3724

Operating Engineers (Local 12) Laborers (Local 1184)
150 E. Corson 1128 La Cadena Dr.

Pasadena, CA 91103 Riverside, CA 92507
Tel: (626) 792-8900 Tel: (951) 684-1484
Fax: (626) 792-9039 Fax: (951) 779-1445
1349
Community Workforce Agreement 45 City of Costa Mesa

Painters & Allied Trades (Local 1036) Cement Masons (Local 500) 1155 Corporate Center Drive 331 Corporate Terrace Circle Monterey Park, CA 91754 Corona, CA 92879
Tel: (626) 584-9925 Tel.: (714) 554-0730
Fax: (626) 584-1949 Fax: (714) 265-0780

Plaster Tenders (Local 1414) Resilient Floor & Dec. Covering 1055 W. Second Street (Local 1247)
Pomona, CA 1155 Corporate Center Dr.

Tel.: (909) 622-8500 Monterey Park, CA 91754
Fax: (909) 623-5244 Tel: (626) 296-8058
Fax: (626) 296-8048
Plumbers & Fitters (Local 582)
1916 W. Chapman Ave Roofers & Waterproofers (Local 220) Orange, CA 92868 283 N Rampart St Suite F
Tel :( 714) 978-0582 Orange, CA 92868-1852
Fax: (714) 978-1582 Tel: (714) 939-0220
Fax: (714) 939-0246
Pipe Trades (Local 250)
Steamfitters/Air Conditioning/ Sheet Metal Workers (Local 105) Refrigeration / Industrial Pipefitters 2120 Auto Centre Dr., Suite 105 18355 S. Figueroa St. Glendora, CA 91740
Gardena, CA 90248 Tel: (909) 305-2800
Steamfitters: Tel: (310) 660-0035 Fax: (909) 305-2822
Fax: (310) 329-2465
AC/Refrig. Tel: (310) 660-0045 Southwest Regional Council of FAX: (310) 329-2465 Carpenters
533 S. Freemont Avenue, 10th Floor
Pipe Trades (Local 345) Los Angeles, CA 90071
Landscape, Irrigation, Underground & Tel: (213) 385-1457 Specialty Piping Fax: (213) 385-3759
1430 Huntington Dr.

Duarte, CA 91010 Teamsters (Local 952) Redi mix
Tel: (626) 357-9345 140 S Marks Way
Fax: (626) 359-0359 Orange, CA 92868
Tel: (714) 740-9860
Pipe Trades (Sprinkler Fitters – Fax: (714) 978-0576
Local 709)
12140 Rivera Road Teamsters (Local 986) Const
Whittier, CA 90606 1430 E. Holt Ave.

Tel: (562) 698-9909 Covina, CA 91724
Fax: (562) 698-7255 Tel: (626) 350-9860
Fax: (626) 448-0986
Plasterers (Local 200)
1610 W. Holt Ave. Tradeshow and Sign Crafts (Local 831) Pomona, CA 91768 1155 Corporate Center Drive
Tel: (909) 865-2240 Monterey Park, CA 91754
Fax: (909) 865-9392 Tel: (626) 296-8086
Fax: (626) 584-1949

1350
Community Workforce Agreement 46 City of Costa Mesa

ATTACHMENT H

CITY SUBSTANCE ABUSE POLICY

1351
Community Workforce Agreement 47 City of Costa Mesa

1352
Community Workforce Agreement 48 City of Costa Mesa

1353
Community Workforce Agreement 49 City of Costa Mesa

1354
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-531 Meeting Date: 2/1/2022
TITLE:

PROFESSIONAL SERVICES AGREEMENT FOR BIOLOGICAL MANAGEMENT AND HABITAT

REHABILITATION SERVICES AT FAIRVIEW PARK
DEPARTMENT: PARKS AND COMMUNITY SERVICES
PRESENTED BY: KELLY DALTON, FAIRVIEW PARK ADMINISTRATOR CONTACT INFORMATION: 714-754-5135
RECOMMENDATION:

1. Award a Professional Services Agreement to Endemic Environmental Services, Inc., in an annual amount not-to-exceed $322,595 for professional biological management and habitat rehabilitation services at Fairview Park for a term of two years, with three one-year extension options, with the option to provide Consumer Price Index (CPI) increases during each one-year extension period, plus a five-percent (5%) annual contingency for unforeseen costs, if needed.

2. Authorize the City Manager and the City Clerk to execute the Professional Services Agreement and future amendments to the agreement, including any amendments to extend the term and increase Endemic’scompensation based on CPI or to utilize the contingency authorized herein.

BACKGROUND:

Fairview Park is the City’slargest park, hosting 195 acres of natural open space and 13 acres of passive parkland for a total of 208 acres. Within the 195 acres of open space there are two Native American Nationally Registered Historic Sites, and five different habitat ecosystems which are home to many rare and endangered plant and animal species. These sensitive habitats require local, state, and federal regulatory compliance related to protection and preservation. The park also offers multiple passive recreational opportunities such as picnicking, wildlife viewing, and more than seven miles of trails for walking, jogging, and bicycling. The City’s land management of Fairview Park requires balancing the protected habitats, unique resources and public uses of the park.

In 2005, the City of Costa Mesa began efforts to advance the restoration and ecological value of the park by accepting mitigation projects from other entities. One of these projects, involving the 40-acre Wetlands and Riparian Habitat area of the park, contains a natural water treatment system comprised of five wetland ponds, four distinct habitat ecosystems, and several rare and endangered species. The City is under several agreements (two “Conservation Mitigation Agreements”) with the U.S. Army Corps of Engineers, the Orange County Flood Control District, and the Orange County Transportation Authority (OCTA), which include specific provisions for the City to manage and

Page 1 of 5 ends

1355
File #: 21-531 Meeting Date: 2/1/2022
preserve the habitat areas in perpetuity.

Due to the presence of rare and listed species and the sensitivity of habitats included in this area, biological management activities are subject to state and federal oversight for compliance with the State and Federal Endangered Species Acts, the Migratory Bird Treaty Act, and other environmental regulations.

The City has completed eight years of native habitat maintenance and monitoring for the Fairview Park Wetlands and Riparian Habitat Project in the lower northern portion of the park. Project elements include approximately 17 acres of native habitat plantings, irrigation, wetland ponds, and multipurpose trails. The habitat includes coastal sage scrub, native grasslands, mulefat, and wetland vegetation.

In 2018, the City initiated a proactive management plan in the wetlands that includes several approaches to mosquito abatement, encampment clearings, and completion of a recent wetlands evaluation that identifies and makes recommendations for environmental and water system improvements in the 40 acres. Continuation and advancement of these efforts is within the scope of this project.

ANALYSIS:

In coordination with staff from various departments in the City, a scope of work was developed for biological management, environmental services, and restoration planning services for Fairview Park, and a Request for Proposals (RFP) was issued to qualified consultants. The scope of work for the contract consists of the following categories:

A. The most active management area of the park is the Fairview Park Wetlands and Riparian Habitat, a constructed wetlands mitigation site built between 2005 and 2011 experiencing periods of rapid emergent vegetation growth requiring consistent management of algae, cattail, and bull rush (seasonal/daily/weekly). The interior wetland-mitigation landscape is not open to the public, but has maintenance trails for crews and for regular OC Vector Control mosquito abatement applications. There are public trails that surround the ponds, and provide limited access for public use. Example tasks will include but are not limited to:
· Monitoring and managing water depth in channels and flow between ponds via connecting weirs;
· Monitor water changes and conditions; adjust water flows to prevent formation of mosquito habitat and other undesirable environmental conditions; · Keep ponds and channels clear of algae and standing water; · Continual cattail trimming / thinning / mowing;
· Improving vector and restoration access around the ponds and channels;

Page 2 of 5 ends

1356
File #: 21-531 Meeting Date: 2/1/2022
· Seasonal removal of emergent vegetation; and,
· Trimming of overhang on tree canopies and removal of downed trees.

B. Other park habitat restoration and management needs include:
· Invasive species identification, mapping and removal; · Native species identification, mapping, and recommendations/implementation of protective management practices;
· Small/invasive tree and shrub removals; and,
· Small park amenity repairs, removal of trash, and assistance with occasional installation projects (fencing, trail repair).

C. Wildlife Management and Monitoring includes tasks for protected species:
· Wildlife monitoring (for endangered and listed species, seasonal listings, migratory, nesting, etc.);
· Conduct bird nesting surveys and observations; and,
· Rare and invasive species plant monitoring.

D. Assisting City staff with environmental compliance and stewardship, including:
· On-site strategic evaluation of existing habitats and potential for future habitat improvements within the Park and/or adjacent natural areas; · Migratory Bird Treaty, Federal Endangered Species Act, CA Endangered Species Act, CEQA, and Waters of the U.S. classifications;
· Developing strategies for future open space management, habitat conservation, funding opportunities, and appropriate compatible public uses; and, · Conducting bird nesting surveys throughout the City Park system and other landscapes.

In response to the City’sRFP, two proposals were received on August 20, 2021. A panel of subject

Page 3 of 5 ends

1357
File #: 21-531 Meeting Date: 2/1/2022
In response to the City’sRFP, two proposals were received on August 20, 2021. A panel of subject matter experts reviewed and evaluated the proposals and found them well qualified to perform the required professional services. Proposals were reviewed for compliance and responsiveness to the City’sRequest for Proposals; qualifications of the firm; approach and methodology; experience of project team; and cost. During the evaluation, Endemic presented their firm as having a thorough understanding of the project; and demonstrated extensive experience and technical ability to perform the scope of work outlined in the RFP.

Endemic has been the biologist for the Fairview Park Wetlands and Riparian Habitat Project since 2009, and coordinated with the City during the restoration design and implementation. Since completion of the restoration project in 2012, several noteworthy and endangered species have been documented in the habitat areas including raptors and California gnatcatchers, as well as southern tarplant, which all serve as biological indicators to the success of the restoration. As the contract biologist for the wetlands and riparian habitat, Endemic has successfully completed the required deliverables for the wetlands and riparian habitat project, including the preparation and submittal of quarterly and annual reports documenting site conditions and habitat success. Endemic has also successfully performed nesting bird surveys, vernal pool restoration, monitoring of pump station and channel flows, and supported various community outreach programs for the City at Fairview Park.

Recently, Endemic has applied aerial surveillance systems to aid the City in tracking changes in native vegetation establishment, algae growth, water circulation, and identifying illegal encampments in the sensitive habitat areas.

These innovative applications in aerial monitoring have provided multiple benefits to the City’s rehabilitation of Fairview Park by strengthening the City’srequired habitat quality protection efforts, increasing operational efficiency and safety of park users and personnel, and enhancing the coordination with vector control staff by providing rapid detection of mosquito habitat conditions.

Endemic’sexpertise in wildlife biology and avian monitoring is also integral to the City’songoing collaboration with non-profit organizations such as Sea and Sage Audubon Society, which supports environmental education and conservation initiatives for birds and their habitats including Fairview Park.

Due to their high quality proposal, expertise in biological management and environmental compliance, and extensive experience with performing similar services that fulfill the needs of the park, Endemic Environmental Services, Inc. was selected as the most qualified consultant during the evaluation process.

In addition to performing the required biological management and habitat rehabilitation services for the habitat areas, Endemic’sexpertise will be instrumental in developing strategies to advance the long-term restoration objectives at Fairview Park. If awarded the contract, Endemic will perform the biological management and habitat rehabilitation services over a two-year period, which is tentatively scheduled to occur from February 2022 through February 2024.

ALTERNATIVES:

The City may elect not to move forward with awarding the contract to Endemic Environmental Services, Inc. However, staff does not recommend this option due to the ongoing habitat management and biological monitoring commitments associated with the wetlands and riparian

Page 4 of 5 ends

1358
File #: 21-531 Meeting Date: 2/1/2022
management and biological monitoring commitments associated with the wetlands and riparian habitat area, and the need to fulfill regulatory requirements associated with the listed endangered species that occupy the park. Delaying the biological management activities poses concern of a violation of contractual obligations and Endangered Species Act requirements, potential penalties, higher future restoration and maintenance costs, and the potential development of nuisance conditions in the wetlands.

FISCAL REVIEW:

Funding for this two-year agreement with Endemic Environmental Services, in the amount of $322,595 annually for professional biological management and habitat rehabilitation services at Fairview Park, is available in the FY 2021-22 Park Development Fees Fund and Adopted Budget.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Professional Services Agreement (Attachment 1) as to form.

CITY COUNCIL GOALS AND PRIORITIES:

Advance Environmental Sustainability and Climate Resiliency Fairview Park contains a rich array of unique biological resources and ecosystems that provide critical habitat for endangered species, and support high biodiversity. Approving the proposed contract will support the City in meeting environmental, regulatory and contractual obligations associated with the wetland and riparian habitat areas of the park.

CONCLUSION:

It is recommended that the City Council award the Professional Services Agreement to Endemic Environmental Services, Inc. in an amount not-to-exceed $645,190 for a term of two years ($322,595 per year), with up to three one-year renewals, with the option for future CPI increases each year during the extension periods, plus a 5% contingency, if needed, and authorize the City Manager and the City Clerk to execute the Professional Services Agreement and future amendments within City Council-authorized limits.

Page 5 of 5 ends

1359
1 Endemic Environmental Consulting Inc. Rev. 11-2020
CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH ENDEMIC ENVIRONMENTAL SERVICES INC. THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of February, 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and ENDEMIC ENVIRONMENTAL SERVICES INC., a California corporation (“Consultant”). W I T N E S S E T H : A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide biological maintenance and management services, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibits “A” and “B” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Work, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein. 1.2. Prevailing Wage Requirements. Consultant is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Consultant shall comply with all applicable Prevailing Wage Laws in connection with the services provided pursuant to this Agreement. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 1.3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by 1360
2 Endemic Environmental Consulting Inc. Rev. 11-2020
professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. 1.4. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.5. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. 1.6. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code. 1.7. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.8. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. 1.9. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by 1361
3 Endemic Environmental Consulting Inc. Rev. 11-2020
City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and incorporated herein (the “Fee Schedule”). Consultant’s annual compensation during the initial two-year term of this Agreement shall not exceed Three Hundred Twenty-Two Thousand Five Hundred Ninety-Five Dollars ($322,595.00). Thereafter, Consultant may request in writing at least thirty (30) days prior to the expiration of the initial two-year term, or any extension period, an extension and an increase in compensation based on the Consumer Price Index for All Urban Consumers for the Los Angeles–Long Beach–Anaheim area (CPI). The adjustment will be determined using the November index for the current year and the November index for the preceding year. Consultant’s written request shall include reference to the CPI index, the percentage CPI increase, and Consultant’s revised fees and compensation based on such CPI increase. The increased fees shall be effective on the first day of any extension period and shall not be increased during any extension period. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit B. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts 1362
4 Endemic Environmental Consulting Inc. Rev. 11-2020
shall include, but not be limited to, acts of God, fire, strikes, pandemics, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of two (2) years, ending on January 31, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by three (3) additional one (1) year periods upon mutual written agreement of both parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant. 1363
5 Endemic Environmental Consulting Inc. Rev. 11-2020

5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers’ compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. (d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.” (b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days 1364
6 Endemic Environmental Consulting Inc. Rev. 11-2020
after written notice is given to City.” (c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. 1365
7 Endemic Environmental Consulting Inc. Rev. 11-2020
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Endemic Environmental Services Inc. 1100 W. Arroyo Ave. Fullerton, CA 92833 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (714) 393-6249 Tel: (714) 754-5135 Attn: Barry Nerhus Attn: Kelly Dalton Courtesy copy to: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: Finance Dept. | Purchasing 6.5. Drug-Free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “D” and incorporated herein by reference. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant 1366
8 Endemic Environmental Consulting Inc. Rev. 11-2020
of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 1367
9 Endemic Environmental Consulting Inc. Rev. 11-2020
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation 1368
10 Endemic Environmental Consulting Inc. Rev. 11-2020
as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns. 6.21. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in 1369
11 Endemic Environmental Consulting Inc. Rev. 11-2020
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.28. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CONSULTANT __________________________________ Date: __________________________ Barry Nerhus President CITY OF COSTA MESA __________________________________ Date: __________________________ Lori Ann Farrell Harrison City Manager ATTEST: __________________________________ Brenda Green City Clerk 1370
12 Endemic Environmental Consulting Inc. Rev. 11-2020
APPROVED AS TO FORM: __________________________________ Date: __________________________ Kimberly Hall Barlow City Attorney APPROVED AS TO INSURANCE: __________________________________ Date: __________________________ Ruth Wang Risk Management APPROVED AS TO CONTENT: __________________________________ Date: __________________________ Kelly Dalton Project Manager DEPARTMENTAL APPROVAL: __________________________________ Date: __________________________ Jason Minter Parks and Community Services Director APPROVED AS TO PURCHASING: __________________________________ Date: __________________________ Carol Molina Finance Director 1371

EXHIBIT A

SCOPE OF WORK
1372

SCOPE OF WORK

The City of Costa Mesa is interested in receiving proposals for the services of a qualified consultant(s) to perform maintenance, management and biological services for the 208-acre Fairview Park in the City of Costa Mesa located at 2525 Placentia Avenue, Costa Mesa, CA

I. INTRODUCTION

Fairview Park is the City’s largest park, hosting 195 acres of natural open space area and 13 acres of passive parkland for a total of 208 acres. Within the 195 acres of open space, there are two Native American Nationally Registered Historic Sites, and four distinct habitat ecosystems that are home to many rare and endangered plant and animal species. These sensitive habitats require local, state, and federal regulatory compliance for protection and preservation. Recent bird surveys have indicated over 130 different species of birds using the park. The City’s land management of Fairview Park requires balancing the protected habitats and public uses of the park (7 miles of trails and other passive uses).

Around 2005 the City of Costa Mesa began efforts to restore and enhance the unique habitats of the park by accepting mitigation projects from other entities. Past projects include a portion of the largest vernal pool, Canyon slopes, CA Coastal Sage Scrub, and installation of the 40-acre wetlands. Currently the Parks Department is managing restoration projects with consultants for a smaller vernal pool area, finishing the wetlands biological monitoring period and closing Conservation Easement responsibilities, and training volunteers for non-native removal exercises. The management of these current projects is not to be included in the current scope; however, the scope does include planning/scheduling the outstanding opportunities for future restoration sites, and identifying funding strategies / sources for future efforts.

In 2018 the City initiated a proactive management plan in the wetlands that includes several approaches to mosquito abatement efforts, encampment clearings, and completion of a recent (2020) “Wetlands Comprehensive Evaluation” by Dudek, that identifies and makes recommendations for environmental and water system issues in the 40 acres. Continuation and advancement these efforts is within the scope of this project.

A. General Goals:

The City of Costa Mesa is seeking a consultant(s) with a strong background in open space and native habitat park management and maintenance. The management requires strong knowledge of the various habitat types and experience / qualifications with biological regulations for species of special concern (including San Diego and Riverside fairy shrimp, CA gnatcatcher, Least Bells’ Vireo, and numerous protected plant species).

The different maintenance and management areas of the Park intended to be addressed by this scope are (A=acres):
• Approximately 50 A of Grasslands which support native grass scrub including Southern Tar Plant, Purple Needle Grass, and Burrowing Owls
• 40 A of riparian habitat and 6 A of constructed pond and channel wetland system (cleans urban run-off) under Conservation Easements
• Vernal pool complexes totaling 35 A of watershed area and 4 A of pools under restoration permits from US Fish and Wildlife Services
• Approximately 80 A of Bluff, Canyon & Coastal Sage Scrub areas 1373

The City of Costa Mesa considers the regulatory responsibilities and future management of the environment at Fairview Park a priority. This RFP represents an opportunity for the right consultant(s) to collaborate with the City for the maintenance and upkeep of this valuable open space. The successful consultant(s) will work closely with City staff on a daily/weekly schedule as required, for maintenance and oversite, for providing quarterly and annual area reports, and for developing strategies for the future.

The contract period will cover October 1, 2021 -October 1, 2023 (An initial 2-year term with options for three - one-year annual renewals). (Managing the Archaeological sites, public use, and manicured park (13 A) are not a part of this bid).

B. Minimum Consultant Qualifications:

The key project staff, furnished by the consultant and sub-consultants, must have at least five years’ prior experience on similar types of projects. All consultants responding to this Request for Proposals (RFP) will be evaluated on the basis of their expertise, prior experience on similar projects, demonstrated competence, knowledge of biological regulations for flora and fauna of Southern CA, adequate staffing, and understanding of the project, and responsiveness to the needs and concerns of the City of Costa Mesa.

II. CONTENT OF PROPOSAL

In order to maintain uniformity with all proposals furnished by consultants, the proposals shall include the following:
• A statement of project understanding containing any suggestions to improve the project or special concerns of which the City should be made aware. The project approach shall contain clarifications or additional scope of work that you feel are necessary for the successful completion of the project.

• A list of similar projects that your firm has completed within the last five years. Information should include: project description, agency or client name, along with the person to contact and telephone number(s), year completed, and project cost.

• A list of key staff and their qualifications, experience, and any additional certifications or authorizations staff may have from regulatory agencies dealing with flora and fauna of Southern CA.

A. Fee proposal will be submitted on a separate file .

III. SCOPE OF CONSULTANT SERVICES

The City of Costa Mesa (“City”) anticipates a need for biological management, environmental services, maintenance, and future restoration planning for the following categories within Fairview Park over the course of the agreement term.
1374

A. The most active management area of the park is the Fairview Park Wetlands and Riparian Habitat, a constructed wetlands mitigation site built between 2005 and 2011 experiencing periods of rapid emergent vegetation growth requiring consistent management of algae, cattail, and bull rush (seasonal/daily/weekly). The interior wetland-mitigation landscape is not open to the public, but has maintenance trails for crews and for regular OC Vector Control mosquito abatement applications. There are public trails that surround the ponds, and provide limited access for public use. Example tasks will include but are not limited to:
• Monitoring and managing water depth in channels and flow between ponds via connecting weirs
• Monitor water changes and conditions; adjust water flows to prevent formation of mosquito habitat and other undesirable environmental conditions • Keep ponds and channels clear of algae and standing water • Continual maintenance of cattail trimming / thinning / mowing • Improving vector and maintenance access around the ponds and channels • Seasonal removal of emergent vegetation
• Trimming of overhang on tree canopies and removal of downed trees

B. Other park habitat maintenance and management needs include:
• Invasive species identification, mapping, and removal. • Native species identification, mapping, and recommendations/implementation of protective management practices.
• Small tree and shrub removals.
• Small park amenity repair needs, removal of trash, and assistance with occasional installation projects (fencing, trail repair).

C. Wildlife Management and Monitoring includes tasks for protected species:
• Wildlife monitoring (for endangered and listed species, seasonal listings, migratory, nesting, etc),
• Conduct bird nesting surveys and observations
• Rare and invasive species plant monitoring

D. Assisting City staff with environmental compliance and stewardship issues such as:
• On-site strategic evaluation of existing habitats and potential for future habitat improvements within the Park and/or with adjacent natural areas. • Migratory Bird Treaty, Federal Endangered Species Act, CA Endangered Species Act, CEQA, and Waters of the U.S. classifications. • Developing strategies for future open space management, habitat conservation, funding potential, and appropriate compatible public uses. • Conducting bird nesting surveys throughout the City Park system and other landscapes.

IV. CITY RESPONSIBLITIES
The City of Costa Mesa will be responsible for providing all available maps, plans, reports, and records on file.
1375

V. ASSESSMENT OF WORK EFFORT PRIOR TO SUBMITTING REQUEST FOR

PROPOSALS
Each consultant must inform themselves fully to the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve a successful consultant engineer of the obligations to carry out the provisions of the contract.

VI. SUMMARY
Your participation is greatly appreciated by the City. It is the intent of this RFP to establish the minimum consultant services required by the City. To assist in your preparation, this RFP was categorized into sections stating the specific requirements of the City. It is the intent of the City to select a consultant and award a contract. All insurance must be submitted and approved prior to the award of the contract.

1376

EXHIBIT B

CONSULTANT’S PROPOSAL

1377
Submitted to:

The City of
Costa Mesa
Submitted by:

Endemic
Environmental
Services Inc.

August 20, 2021

BIOLOGICAL MAINTENANCE

AND MANAGEMENT

SERVICES
(TECHNICAL PROPOSAL)
RFP 22-01
1378

August 20, 2021

Mike Fuentes
Finance Department
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA
Subject: Request for Proposal (22-01) for Biological Maintenance and Management Services (Technical)

Endemic Environmental Services (Endemic) is a certified Disadvantaged Business Enterprise (DBE) and is pleased to submit this proposal to be your biological maintenance and management services consultant.

We bring a level of in -depth understanding and experience to offer the City of Cos ta Mesa (City) the following advantages and benefits:

Understanding the Scope of Work. Endemic has served for the past 12 years as on -call consultant for Fairview Park (FVP) for the maintenance of the wetlands and restoration. We have developed a keen understanding of the tasks, deliverables, and expectations that are associated with this RFP, and we have built an integrated team of professionals dedicated to specifically addressing the unique needs and services of Fairview Park. We stay current on environmental issues and address any community concerns through outreach, documentation, and compliance. We support the City’s environmental compliance with state and federal regulations regarding the protection of endangered species, threatened species, species of special concern, and other habitats.

On-Call Biologists with Local Experience. We will work seamlessly with the City Parks staff to produce the required biological monitoring/ oversight of general environmental conditions at FVP, coordinating with City staff, and taking care of FVP sensitive and native habitat areas.

We have performed services identified in the Scope of Work that includes:
● Sensitive/Protected Habitat and Species Assessment
● Monitoring of water flows within FVP system, including the wetland ponds, vernal pools, and channels, water quality testing, removal of non-native species including algae, cattail and bulrush ● Wildlife and Habitat Educational Training, including development of FVP wetlands database ● Habitat Restoration and Plantings through hydroseeding ● Landscape Maintenance and Tree Protection Services
● Mitigation measures compliance, including surveillance for vandalism and trespassing ● Data Collection/evaluation and preparation of special reports to be submitted to regulatory agencies and council members

Highly Qualified Project Team. We have evaluated your project needs and have assembled a team of in- house biologists, trained restoration specialists and permitting staff to address the needs of FVP. We have partnered with Brightview Landscaping who has served as your on-call landscaping staff on several 1379

projects. We also utilize new technologies, including drones (UAV), to support the surveillance of vandalism and trespassing at FVP. We feel that our team can address the complex issues through the analysis of your project and by developing practical solutions to address the current issues of concern.

Cost Effective and Efficient staff. We have extensive local and regional experience in similar projects to the scope of your project, addressing water quality issues, water conveyance for lakes and ponds, ornamental water features and wetland habitats, as well as knowledge of water aeration, vector control measures, wetland delineation, and habitat health and functionality assessments. Our project portfolio includes Irvine Ranch Water District’s Natural Treatment System and Orange County Water District ’s Prado Basin.

The Expertise to Develop Innovative Solutions. We feel that we have the in- house knowledge and expertise to complete your study, provide clear deliverables and restoration results, develop recommendations, create innovative solutions and prescribe appropriate remedial measures to address the current site conditions. We understand that the functionality of the water quality system and the conveyance of water through the project is critical to the health and survival of the wetland mitigation and revegetation areas.

I am the Founder and President of Endemic. I have a MS degree in Biology and teach at the University of California, Irvine. I also hold several certificates and licenses from California Department of Fish and Wildlife (CDFW) and US Fish and Wildlife Services (USFWS). I am also certified as a Qualified Stormwater Protection Designer/Practitioner (QSD/P). I have managed numerous biological monitoring and habitat restoration projects. I also conducted biological surveys and produced reports for more than 15 years of my career.

I am authorized to negotiate with the City on behalf of Endemic and I am authorized to submit this proposal on behalf of Endemic . If you have any questions, please conta ct me at 714 -393-6294 or [email protected].

Sincerely,

Barry Nerhus, President, Endemic Environmental Services, Inc. 1100 W Arroyo Ave., Fullerton, CA
1380
RFP for Biological Maintenance and Management Services (22-01)

Table of Contents

BACKGROUND AND PROJECT SUMMARY 1
METHOD OF APPROACH 3
QUALIFICATIONS AND EXPERIENCE OF FIRM/TEAM 11
FINANCIAL CAPACITY 20
KEY PERSONNEL 21
COST PROPOSAL (UNDER SEPARATE COVER) 24
DISCLOSURE (INCLUDED IN APPENDIX C FORMS) 24

APPENDIX C FORMS
APPENDIX –RESUMES
1381
RFP for Biological Maintenance and Management Services (22-01)

Page 1 ends

Costa Mesa City CouncilFebruary 1, 2022

Costa Mesa City Council
February 1, 2022