Costa Mesa City Council
February 15, 2022

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File #: 21-556 Meeting Date: 2/15/2022
efforts.

FISCAL REVIEW:

There is no cost to the City to submit the grant request. The City has a required match of $39,000, which is included in the Public Services Department’s FY2021-22 Approved Public Services Department’sGeneral Fund Operating Budget. The City will be eligible to receive a total of $107,600 in grant benefits/services that will fund tree and stump removals as well as various community education and engagement programs.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report, prepared the attached Resolution and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

In 2021, the City Council adopted a list of three-year goals. The program works toward achieving the following City Council goals:
· Strengthen the public’s safety and improve the quality of life. · Advance environmental sustainability and climate resiliency.

CONCLUSION:

Staff recommends the City Council adopt Resolution No. 2022-xx (Attachment 1), authorizing the Public Services Director to submit an application, and the City Manager or designee to execute the necessary Memorandum of Understanding (Attachment 2) to participate in the CAL FIRE Urban Forest and Community Grant Program (CFR 2.0).

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ATTACHMENT 1
Resolution No. 2022-XX Page 1 of 3
RESOLUTION NO. 2022-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, FOR FUNDING FROM THE URBAN AND COMMUNITY FORESTRY GRANT PROGRAM ENTITLED, “CITY FOREST RENEWAL 2.0”, AS PROVIDED

THROUGH THE CALIFORNIA GREENHOUSE GAS REDUCTION FUND

THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted the California Greenhouse Gas Reduction Fund, which provide funds to the State of California and its political subdivisions for urban and community forestry programs; and
WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non -profit organizations under the program; and
WHEREAS, said procedures established by the State Department of Forestry and Fire Protection require the ap plicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, the applicant will enter an agreement with the State of California to carry out an urban and community forestry project.

NOW, TH EREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS:

Section 1. The City Council approves the filing of an application for “Greenhouse Gas Reduction Fund” program funds.

Section 2. The City Council certifies that funds under the jurisdiction of the City of Costa Mesa are available to begin the project.

Section 3. The City Council certifies that said applicant will expend grant funds prior to March 30, 2024.

Section 4. The City Council appoints the City Manager and/or designee as agent of the City Council to conduct all negotiations , execute and submit all documents 206
Resolution No. 2022-XX Page 2 of 3

including, but not limited to applications, agreements, amendments, payment requests, etc., which may be necessary for the completion of the aforementioned project.

PASSED AND ADOPTED this 15th day of February, 2022.

____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 207
ATTACHMENT 1
Resolution No. 2022-XX Page 3 of 3
THIS PAGE IS RESERVED FOR CITY CLERK’S OFFICE

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Reso lution No. 2022- __ and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15th day of February, 2022, by the following roll call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 15th day of February, 2022.

________________________
Brenda Green, City Clerk

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1 MEMORANDUM OF UNDERSTANDING
FOR
CITY FOREST RENEWAL 2.0

The following Memorandum of Understanding (“MOU”) is between the California Urban Forests Council (“CaUFC”), West Coast Arborists, Inc. ( “WCA, Inc.”) and the City of Costa Mesa (“City”), in reference to the City Forest Renewal 2.0 (“CFR 2.0”) project. For reference purposes, the CaUFC, WCA, Inc., and City shall be referred to individually as a “Party” and collectively as the “Parties.” This MOU shall become effective on the last date signed by the Parties.

CFR 2.0

The CFR 2.0 project is an Invest From the Ground Up Campaign under the CaUFC. The CaUFC has partnered with WCA, Inc. and cities throughout Southern California to improve the long -term health of their urban forests. CFR 2.0 is funded through CAL FIRE’s Urban Forest and Community Grant . CFR 2.0 will remove trees that are diseased, declining, posing a risk to human health, and/or are dead. Any tree removed will be replaced with two more trees planted by the City. We will also be working with our partner cities to improve the management of their urban forest.

Interested Parties

The CaUFC, WCA, Inc., and the City agree to work cooperatively on the CFR 2.0 project and the associated deliverables to honor the CaUFC contract agreement with the California Department of Forestry and Fire Protection (CAL FIRE). WCA, Inc. is contracted by CaUFC for completion of the CFR 2.0 project. WCA, Inc. project responsibilities include program management , assisting with policy improvement, and tree removal activities.

For purposes of this MOU, there are three major contributors to this process: Nancy Hug hes representing CaUFC, Linda Mendez representing WCA, Inc., and Robert Ryan representing the City.

Duties and Responsibilities

CaUFC, WCA, Inc., and the City pledge to work together in a spirit of cooperation to complete the work.

All Parties shall comply with all relevant laws and regulations regarding documentation, reporting, use, etc. of any state funds in accordance with applicable state law and furnish administrative assistance services including but not limited to:

1. Adherence to the approved scope of work, below, and set out in the assigned project.

2. Retention of all records for three (3) years after the end of the contract term. This requirement applies to fiscal records, reports , and client information. If additional information is requested, the City agrees to make all records relating to the contract available upon request by CaUFC.

Decision Making

Decisions regarding implementation of the CFR 2.0 project within the City of Costa Mesa will be made by consensus of all Parties when there are proposed changes to the scope of work. Decision-making will be done jointly and in a spirit of cooperation. All decisions that are proposed and/or change the scope of work (verbal, written, or implied) must be agreed upon and authorized in writing by all Parties prior to commencing with the additional work. Otherwise, work can proceed as agreed upon for each party in the scope of work.

ATTACHMENT 2
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2 Termination In no event will this MOU be terminated with less than 30 days written notice to the other Parties. Any Party may terminate this MOU at any time, with or without cause, by giving the other Parties thirty (30) days written notice to terminate. Upon notification that this MOU has been terminated, the City shall immediately stop all work under this MOU on the date and to the extent specified in the written Notice of Termination. Scope of Work The scope of work for the CFR 2.0 project is set forth as follows: ● CaUFC will award the City with approximately 100 grant funded tree removals. The grant awarded to CaUFC will pay for the cost of tree removals that meet the grant criteria. Only trees that meet the criteria of being diseased, declining, pose a risk to human health, and/or are dead will be considered. ● The City will provide the locations for 100 trees the City identifies as being diseased, declining, pose a risk to human health, and/or are dead. ● The City will provide a minimum of one picture for each tree location provided for removal. The picture(s) must demonstrate the justification for removal. Picture(s) must be uploaded via ArborAccess to the correct tree site. ● WCA, Inc. must conduct final grant funded tree evaluations based on the locations provided by the City. Should a tree that is evaluated by WCA, Inc. not meet the grant requirements for removal, grant funds will not be used to remove the tree. For a tree to meet grant requirements for removal, it must be diseased, declining, pose a risk to human health, and/or are dead. ● WCA, Inc. will conduct all tree removals funded by this grant in the City at no cost to the City. ● All trees removed and replanted will adhere to ANSI A300 standards. ○ The City understands that the grant does not cover the cost of amended soil or turf replacement. ○ The City understands that where feasible, WCA, Inc. will repurpose wood for greater use. ● WCA, Inc. Street Tree Revival Program will utilize some salvageable urban wood to make products for the City to accept as a donation. ● The City will plant two times the number of trees removed by this grant, or approximately 200 trees, which ever number is greater. It is the responsibility of the City to report the location of the trees and other minimum data attributes for compliance with grant guidelines. All trees will be planted by City of Costa Mesa. The trees planted must adhere to CAL FIRE’s grant guidelines and must be of the species agreed upon with WCA, Inc. The City will be responsible for the costs associated with all tree planting required by this grant. The City cannot use other funds from CAL FIRE’s Urban and Community Forestry grant program to meet the planting requirements set forth by this MOU. ● The City shall ensure sufficient irrigation to grant-funded trees to maintain optimal health and growth through the establishment period. All tree maintenance is to be performed to the satisfaction of the CAL FIRE Urban Forestry representative. ● The City will add the newly planted trees to their current watering cycle, inventory system and maintenance plans for the trees’ lifetime. The City will be responsible for all the costs associated with the trees that are planted for the purposes of this grant. Associated maintenance costs include routine trimming, plant health care, and tree removal. ● The City will provide WCA, Inc. with its current tree maintenance standards, tree related municipal codes, policies, etc. that pertain to current plans of tree care for analysis. The City understands that its tree maintenance policies or lack of, will be reviewed by WCA, Inc. at WCA, Inc.’s cost to identify areas for improved maintenance. ● The City will adopt or modify its policies to represent the California Urban Forests Council’s (CaUFC) Urban Forest Management Plan Template, where applicable. ● The City staff that oversees the public urban forest will meet with CaUFC and WCA, Inc. a minimum 210
3 of four times by March 30, 2023 to discuss its tree maintenance policies, identify areas of improvement, and formulate improvement plans for senior staff and/or City Council to consider. ● The City agrees to provide a facility suitable for an urban forest management related workshop to be conducted by WCA, Inc. for a maximum of three hours. A suitable facility shall include audio and visual capabilities, tables, and chairs for participants to utilize, table for giveaways and refreshments, and parking for vehicles available. A suitable facility shall be large enough to accommodate at least 30 and up to 50 participants. ● The City agrees to help CaUFC and WCA, Inc. circulate educational materials on healthy urban forests, where applicable. The local community group partner will post “Tree Posters” on each tree to be removed as a notice. The project flyer will be created by CaUFC and WCA, Inc., and approved by the City. ● The City agrees to utilize its social media platforms and City newsletter, in a manner and to the extent approved by the City, a minimum of four times to display material relating to the CFR 2.0 project. Material may include tree benefit statistics, links to learn more about the project and urban forestry. WCA, Inc. will create all outreach material and understands that there may be multiple revisions done prior to publishing. ● The City agrees to host a collaborative tree planting event or Arbor Day with assistance from the local community group, WCA, Inc., Western Chapter of the International Society of Arboriculture (WCISA), and CaUFC in the spirit of this grant by March of 2024. The volunteer driven Arbor Day event will have a theme on the benefits of trees and the end of life use, as well as education on pest issues in the urban forest. A portion of the tree plantings as replacements for removals for this grant must be done at this Arbor Day event. At this event, the City will provide CaUFC and WCA, Inc. the opportunity to display a booth and discuss the project with community members. ● The City is responsible for procuring a sign and installing the sign at the location of the Arbor Day tree planting event for the duration of the grant. A California Climate Investments and CAL FIRE approved template will be provided. CaUFC will provide the City the sign template that adheres to the usage of logos outlined in Appendix F of the 2019/2020 CAL FIRE Urban and Community Forestry Procedural Guidelines. ● Should a tree planted by the City die within the grant period, the City is responsible for replanting a tree of similar characteristics to ensure the obligation of the 2 for 1 replacement, and similarly report new tree data on trees as they are replaced. ● Grant funded tree removals by WCA, Inc. will not be performed until the City is able to provide streets/parks, species, and a start date for when the replacement trees will be planted. ● WCA, Inc. will host Urban Wood Open Houses in the Street Tree Revival Shop at their Anaheim offices, for local community groups, students, and volunteers throughout the grant period in compliance with COVID-19 restrictions. ● Depending on COVID-19 local public health restrictions and regulations of the City, the public events such as workshops, trainings, and volunteer tree planting events could be changed to meet those requirements. ● Any required reports or paperwork from City partners must be submitted by February 29, 2024, at the latest. Timeline ● The grant period is from September 1, 2020 to March 30, 2024. All parties agree that the CFR 2.0 project will be completed by March 30, 2024, though periodic benchmarks may be set through the scope of work to support on-time project completion. 211
4 Relationship of Parties Each Party acknowledges and agrees that it is an independent entity from, and not an employee or agent of, any other Party of this MOU. Volunteer Indemnification All volunteers shall sign the program’s volunteer liability waiver prior to participating in any events associated with the CFR 2.0 project. Indemnification of City To the full extent permitted by law, CaUFC and WCA, Inc. each agree to indemnify, defend and hold harmless the City, its officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, whether actual or threatened, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work described in this MOU, operations or activities provided herein by CaUFC and/or WCA, Inc., or their officers, employees, agents, subconsultants, or invitees, or any individual or entity for which CaUFC and WCA, Inc. is legally liable, or arising from CaUFC’s and/or WCA, Inc.’s reckless or willful misconduct, or arising from CaUFC’s and WCA, Inc.’s negligent performance of or failure to perform any term, provision, covenant or condition of this MOU, and in connection therewith: (a) CaUFC and WCA, Inc. will defend any action or actions filed in connection with any of said claims or liabilities, with counsel chosen by City, and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) CaUFC and WCA, Inc. will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of CaUFC and/or WCA, Inc. hereunder; and CaUFC and WCA, Inc. agree to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CaUFC and/or WCA, Inc. for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work described in this MOU, operation or activities of provided herein by CaUFC and/or WCA, Inc., CaUFC and WCA, Inc. agree to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. Assumption of Risk CaUFC and WCA, Inc. assumes no liability or responsibility for any personal property of the City or of its staff, volunteers, instructors, employees, contractors, consultants, guests, invitees, and agents brought to assist with the CFR 2.0 project, during the term of this MOU. The City assumes no liability or responsibility for any personal property related to the CaUFC and WCA, Inc., or of their staff, volunteers, instructors, employees, contractors, consultants, guests, invitees, and agents brought to assist with the CFR 2.0 project, during the term of this MOU. CaUFC certifies that it has reviewed and agreed to the terms of this MOU. 212
5 Insurance Prior to undertaking performance of work under this MOU, WCA, Inc., shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Workers’ compensation insurance as required by the State of California. WCA, Inc. 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 WCA, Inc. for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. B. 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. Said policy shall contain a provision that the same cannot be cancelled without at least thirty (30) days prior written notice thereof to the City. The City, its officers, agents, and employees shall be additional named insureds on such policy. C. 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. Said policy shall contain a provision that the same cannot be cancelled without at least thirty (30) days prior written notice thereof to the City. The City, its officers, agents, and employees shall be additional named insureds on such policy. D. General Provisions. All insurance shall do the following: a. Include City and CaUFC and their elected and appointed officials, employees, and agents as additional insureds with respect to this MOU and the performance of duties in this MOU. The coverage shall contain no special limitations on the scope of its protection to the above- designated insureds. b. Be primary with respect to any insurance or self-insurance programs of the CaUFC and City and their elected and appointed officials, employees, and agents. c. Be evidenced, prior to commencement of services by properly executed policy endorsements in addition to a certificate of insurance. d. No reductions or cancellation in insurance may be made without the written approval of the City’s Risk Manager. Miscellaneous Terms A. Severability. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. B. Governing Law; Venue. The laws of the State of California shall govern this MOU without regard to principles of conflicts of laws. Any action to enforce or interpret this MOU shall be filed in the Superior Court of Orange County, California. C. Integration; Amendments. This MOU represents the entire and integrated MOU between CaUFC, WCA, Inc. and the City with respect to the subject matter hereof, and supersedes all prior negotiations, representations, or agreements, either written or oral with respect thereto. This MOU may be modified or amended only by a subsequent written agreement signed by all Parties. 213
6 D. Attorneys’ Fees. If a Party to this MOU brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this MOU, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which such party may be entitled. E. Waiver. No waiver of any breach of any covenant or provision of this MOU shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. F. No Third-Party Beneficiaries. Nothing contained in this MOU is intended to or shall be deemed to confer upon any person, other than the Parties, any rights or remedies hereunder. G. Assignment. No assignment, subletting, or transfer in whole or in part of this MOU shall be made or shall be effective without the prior written consent of the other Parties. H. Headings. The headings of the sections and exhibits of this MOU are inserted for convenience only. They do not constitute part of this MOU and are not to be used in its construction. I. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of CaUFC and WCA, Inc. shall be personally liable to the City in the event of any default or breach by CaUFC or WCA, Inc. or for any amount which may become due to the City pursuant to this MOU. J. Authority. The undersigned expressly represents that he or she is authorized to execute this MOU on behalf of the City and that it meets each of the requirements set forth in the MOU, including but not limited to the insurance and workers compensation requirements. We the undersigned agree to this Memorandum of Understanding. _________________________ _________________________ _______________________ Nancy Hughes Lori Ann Farrell Harrison Tim Crothers Executive Director City Manager Plant Health Care Manager California Urban Forests Council City of Costa Mesa West Coast Arborists, Inc. _________________ _________________ _________________ Date Executed Date Executed Date Executed 214
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-560 Meeting Date: 2/15/2022
TITLE:

PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF FIRE STATION NO. 2
DEPARTMENT: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to PBK-WLC Architects, 8163 Rochester Avenue, Suite 100, Rancho Cucamonga, California, in an amount not to exceed $730,000 for architectural and engineering design services.

2. Authorize contingency allocation in the amount of $73,000 for work beyond the Scope of Services.

3. Authorize the City Manager and the City Clerk to execute the PSA (Attachment 1) and any future amendments to the agreement within Council authorized limits.

BACKGROUND:

Fire Station No. 2, located at 800 Baker Street, provides fire protection and emergency response services to the Costa Mesa community. The Fire Department's mission is to prevent the loss of life and property. In addition to responding to fires, Fire Station No. 2 also responds to medical emergencies, motor vehicle accidents, rescue calls, and incidents involving hazardous materials.

For several years, Fire Station No. 2 has undergone maintenance and service issues and requires a complete overhaul and reconstruction. Issues that need to be addressed include electrical and mechanical upgrades; heating, ventilation, and air conditioning improvements; modernization of life- safety fire equipment and communications; improved parking facilities; enhancements to the living quarters; improved landscaping; and structural and architectural advancements that adhere to current building codes and regulations.

The existing building consists of approximately 2,800-square foot Fire Engine room (i.e., apparatus bay / garage) and 3,850-square feet of living space. Fire Station No. 2 has exceeded its useful life and is not compliant with current standards and specifications, underserves current personnel

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capacity demands, and does not provide multi-gender accommodations.

Staff has determined that constructing a new Fire Station rather than remodeling the existing facility would be more cost-effective.

ANALYSIS:

The scope of work for this project consists of preparation of complete construction documents for a new Leadership in Energy and Environmental Design (LEED) Gold facility, including conceptual and final design, interior programming, site improvements, soil testing, geotechnical study, hazardous materials testing, architectural, structural, electrical, mechanical, plumbing, and grading design, as well as all necessary calculations and technical support needed during construction. In addition, services include the design of temporary operational and living quarters for fire personnel during construction.

Staff advertised the project for architectural and engineering design services and received six (6) proposals on October 13, 2021. All proposals were reviewed for compliance with the City’sRequest for Proposals (RFPs), and the consultants were evaluated based on project understanding, depth of experience, technical expertise, and associated factors.

After careful review of all proposals, staff has selected PBK-WLC Architects as the best qualified to perform the work. This firm exhibits a thorough understanding of the project scope and has demonstrated to have the technical ability and expertise with similar projects completed in the Southern California area, including Fire Station No. 1 in Costa Mesa. Staff has determined the proposed cost for consultant services to be reasonable for meeting the City’srequirements as listed in the scope of services. The cost for services is competitive and within industry standards for these specialized architectural and engineering services.

ALTERNATIVES:

The alternative would be to reject all proposals, re-advertise, and re-evaluate new proposals. Staff has determined that this will not result in a better outcome and will delay the project.

FISCAL REVIEW:

Funding for the professional services agreement to PBK-WLC Architects is available in the FY 2021- 22 Capital Improvement Project (CIP) Fire Station No. 2 Reconstruction Budget (Fund 401 - Capital Improvements Fund) approved by City Council.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed the agenda report and the proposed PSA and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

In 2021, the City Council adopted a list of goals and priorities. This project works toward achieving the following City Council goal:
· Strengthen the public’s safety and improve the quality of life.

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CONCLUSION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to PBK-WLC Architects, 8163 Rochester Avenue, Suite 100, Rancho Cucamonga, California, in an amount not to exceed $730,000 for architectural and engineering design services.

2. Authorize contingency allocation in the amount of $73,000 for work beyond the Scope of Services.

3. Authorize the City Manager and the City Clerk to execute the PSA (Attachment 1) and any future amendments to the agreement within Council authorized limits.

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1 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH PBK ARCHITECTS, INC. DBA PBK-WLC ARCHITECTS THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 15th day of February, 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and PBK ARCHITECTS, INC. a Texas corporation DBA PBK-WLC ARCHITECTS (“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 architectural and engineering services in connection with the reconstruction of Fire Station No. 2, 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 City’s Request for Proposal, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. 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 218
2 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. 1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, 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. 1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and incorporated herein (the “Fee Schedule”). Consultant’s total compensation shall not exceed Seven Hundred Thirty Thousand Dollars ($730,000.00). 219
3 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020

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. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. When invoicing City for reimbursable expenses as outlined in Exhibit C, Consultant shall provide copies of all relevant invoices, receipts or other documentation as may be reasonably requested by City. 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. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. 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 agreed upon by City and Consultant. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, 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. 220
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4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of five (5) years, ending on February 14, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. 221
5 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 (c) Workers’ compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. (d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.” (b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.” (c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City 222
6 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 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. 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: PBK-WLC Architects 8163 Rochester Ave., Suite 100 Rancho Cucamonga, CA 91730 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (909) 238-7030 Tel: (714) 754-5096 Attn: Kelley Needham Attn: Arash Rahimian 223
7 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 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 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 negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance 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 negligence, recklessness, or willful misconduct in 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 224
8 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. 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. 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 225
9 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by 226
10 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 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 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 227
11 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 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: __________________________ Signature __________________________________ [Name and Title] CITY OF COSTA MESA __________________________________ Date: __________________________ Lori Ann Farrell Harrison City Manager ATTEST: __________________________________ Brenda Green City Clerk APPROVED AS TO FORM: __________________________________ Date: __________________________ Kimberly Hall Barlow City Attorney APPROVED AS TO INSURANCE: __________________________________ Date: __________________________ Ruth Wang Risk Management 228
12 PBK Architects, Inc. dba PBK-WLC Architects Rev. 11-2020 APPROVED AS TO CONTENT: __________________________________ Date: __________________________ Arash Rahimian Project Manager DEPARTMENTAL APPROVAL: __________________________________ Date: __________________________ Raja Sethuraman Public Services Director APPROVED AS TO PURCHASING: __________________________________ Date: __________________________ Carol Molina Finance Director 229

EXHIBIT A REQUEST FOR PROPOSAL
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EXHIBIT B CONSULTANT’S PROPOSAL
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Fire Station 2
City of Costa Mesa

PROPOSAL FOR ARCHITECTURAL AND ENGINEERING SERVICES
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FIRE STATION 2

FREMONT, CA
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October 13, 2021 Mr . Arash Rahimian
Senior Engineer
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
Re:

Pr
oposal for Architectural and Engineering Services
Fir
e Station 2
City of Cos
ta Mesa
Dear Mr. Rahimian,
On behalf of PBK-WLC Architects and our entire consulting team, thank you for the opportunity to submit our proposal for the City of Costa Mesa's new fire station project. As you may already be aware, our firm specializes in the planning and design of public safety and essential service facilities. We have designed over 200 such facilities, each of which is specifically tailored to the unique requirements of the fire department and the communities they serve. Having recently completed Costa Mesa Fire Station 1 and having extensive knowledge of the design requirements of the Orange County Fire Authority, we believe our experience makes us uniquely qualified for your new station.

I will be the Principal-in-Charge of the project and will be the main point of contact from design through construction. All work will be completed in a combined effort between our offices in Rancho Cucamonga and Costa Mesa.

Thank you again for this opportunity. If you should have any questions or require any additional information, please do not hesitate to contact me at any time. We look forward to continuing our relationship with the City of Costa Mesa.

Very truly yours,

KELLEY NEEDHAM, AIA
Managing Partner, CFO
[email protected]
Cell: (909) 238-7030
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TABLE OF CONTENTS

OUR FIRM
Introduction
Better Together

EXPERIENCE
Public Safety
Sustainable Design
Recent Projects

KEY PERSONNEL
PBK-WLC Team
Consulting Team
Organization Chart

PROJECT APPROACH
Understanding
Design Team Methodology
Scope of Work
Site Specific Services

SCHEDULE
Preliminary Schedule

APPENDIX
Resumes
References
1 3
9 13
19 21
ARFF STATION 80
LOS ANGELES INTERNATIONAL AIRPORT 247
1 Our Firm
ESTABLISHED IN 1974 | BASED IN RANCHO CUCAMONGA, CA
A. INTRODUCTION
WLC Architects, Inc. is a 91
person architectural firm located
in Rancho Cucamonga, California.

The firm was started in 1974 and
was originally known as Wolff/
Lang/Christopher Architects.

Over time, the firm came to be
known simply as WLC. Our work
is divided for the most part into
educational and public works
projects. Since we completed
our first public facility over 40
years ago, we have strived to
become experts in the areas
of fire, police, municipal, and
community facilities throughout
California. We have designed
hundreds of public facilities, each
of which is specifically tailored
to the unique requirements of
the communities they serve.

As department needs have
changed, so has WLC. We have
expanded our expertise to
include drill towers and training
facilities, vehicle maintenance,
dispatch centers, and emergency
operations centers. WLC is
proud to be considered one of
the leaders in the design of
municipal and civic facilities.

B. BETTER TOGETHER
In October 2020, WLC Architects
merged with PBK Architects to
form PBK-WLC. The merger
has been in the planning stages
for several years in order to
maintain a seamless transition
in regard to customer service,
quality, and attention to detail.

With 20 offices nationwide and
over 550 design professionals,
PBK-WLC is one of the largest
architectural firms in the country
and continues to embrace
a culture which prioritizes
customer service.
248
2 RANCHO CUCAMONGA
8163 Rochester Avenue, Suite 100
Rancho Cucamonga, CA 91730
909.987.0909

COSTA MESA
600 Anton Boulevard, Suite 1375
Costa Mesa, CA 92626
949.548.5000

SAN DIEGO
11455 El Camino Real, Suite 480
San Diego, CA 92130
619.695.0400

SAN LUIS OBISPO
1327 Archer Street, Suite 110
San Luis Obispo, CA 93401
805.329.3076

VENTURA COUNTY
2751 Park View Court, Suite 251
Oxnard, CA 93036
805.947.3200

BERKELEY
2600 Tenth Street, Suite 700
Berkeley, CA 94710
510.450.1999
FOLSOM
1110 Iron Point Road, Suite 200
Folsom, CA 95630
916.355.9922
FRESNO
7790 North Palm Avenue, Suite 300
Fresno, CA 93711
559.448.8400

SACRAMENTO
2520 Venture Oaks, Suite 440
Sacramento, CA 95833
916.682.9494

PRIMARY DISCIPLINE, RESOURCE AND SERVICES
PBK-WLC provides complete architectural services, urban and regional planning, and interior design. Structural, civil, electrical, mechanical, acoustical engineering, and landscape architecture are all provided by retention of appropriate consultants highly experienced within the desired disciplines.

CURRENT WORKLOAD
The current workload of the staff listed in this Proposal is such that we are in an excellent position to begin your project immediately. The entire project team will remain with your project through completion. Work will be performed in a combined effort between our offices in Rancho Cucamonga and Costa Mesa.

FINANCIAL REFERENCES
Mr. Vince Gottuso, Citizens Business Bank. 909.483.4301 Mr. Scott Maxwell, Swenson Corporation. 909.989.5867
Ms. Norah L. Small, Dealey, Renton & Associates. 626.696.1895

INSURANCE
A general liability insurance policy with a minimum coverage limit of $2.0 million is carried by the firm as standard coverage. A professional liability insurance and errors and omissions with minimum coverage limits of $2.0 million is carried by the firm as standard coverage. Insurance will be in place at the time of contract execution.

PRESENT FIRM SIZE | 550 PERSONNEL

POSITION FIRM WIDE CALIFORNIA
Architects 98 30
Engineers 85 35
Designers 35 25
Construction Administration 12 3
Other & Facilities 165 72
Specifications 10 5
Roofing/Facilities 35 5
Admin/Corporate 75 50
Field Representatives 35 25
TOTAL 550 250
249
3 Experience
With over 40 years of experience, PBK-WLC is a leader in the field of essential service facilities. Our work has been recognized at state and national levels by the American Institute of Architects, International Association of Fire Chiefs, International Association of Police Chiefs, California Energy Commission, the Environmental Protection Agency, and the California Parks and Recreation Society. Stations in RED were completed for the OCFA.

A. PUBLIC SAFETY

FIRE STATIONS
•
Anaheim Fir
e Station 5
•
Ne
wport Beach Fire Station 2
•
Mont
erey Park Fire Station 62
•
Cos
ta Mesa Fire Station 1
•
Ne
wport Beach Fire Station 5
•
Eas
tvale Fire Station 31
•
Sender
o Ranch Fire Station 56
•
F
ontana Fire Station 73
•
Los Angel
es Fire Station 15
•
Malibu Fir
e Station 71
•
San Diego Fir
e Station 45
•
Ont
ario Fire Station 9
•
V
ernon Fire Station 4
•
T
ustin Fire Station 37
•
Los Angel
es Fire Station 39
•
Los Angel
es Fire Station 7
•
Carlsbad Fir
e Station 3
•
Bonsall Fir
e Station 5
•
Hesperia Fir
e Station 301
•
Mec
ca Fire Station 40
•
Simi V
alley Fire Station 47
•
F
ontana Fire Station 71
•
Rialt
o Fire Station 202
•
Cypr
ess Fire Station 17
•
Chino Fir
e Station 1
•
Chino Fir
e Station 7
•
Sc
ottsdale Fire Station 8
•
San Mat
eo Fire Station 23
•
St
anton Fire Station 46
•
Sc
ottsdale Fire Station 1
•
LAX - ARFF St
ation 80
•
San Jose Fir
e Station 2
•
F
remont Fire Station 11
•
Esc
ondido Fire & Police HQ
•
Hesperia Fir
e Station 305
•
F
remont Fire Station 2
•
Cul
ver City Fire Station 3
•
Los Angel
es Fire Station 81
•
Thousand P
alms Fire Station 35
•
Indio Fir
e Station 5
•
F
remont Fire Station 6
•
Esc
ondido Fire Station 7
•
Esc
ondido Fire Station 6
•
Y
ucaipa Fire Station 3
•
Cabazon Fir
e Station 24
•
Esc
ondido Fire Station 3
•
Carlsbad Fir
e Station 6
•
Hous
ton Fire Station 8
•
San Mar
cos Fire Station 4
•
Anaheim Fir
e Station 11
•
Lak
e Forest Fire Station 19
•
Americ
an Canyon Fire & Police
•
Atw
ater Fire Station 2/Police
•
F
remont Fire Station 8
•
Chino Fir
e Station 63
•
Dana P
oint Fire Station 29
•
F
airbanks Headquarters Fire Station
•
San Mar
cos Fire Station 2
•
Mer
ced Fire Station 55
•
R
ancho Cucamonga Fire Station 173
•
San Bernar
dino Fire Station 232
•
Nor
co Fire Station 47
•
Gilr
oy Fire Station 3
•
La Quint
a Fire Station 93
•
A
valon Fire Station 1
•
R
ancho Cucamonga Fire Station 6
•
Cor
ona Fire Station 7
•
Cl
ovis Police and Fire Facility
•
Sant
a Monica Fire Station 2
•
Anchor
age Headquarters Fire Station 1
•
F
ontana Fire Station 78
•
San Mar
cos Fire Station 1
•
Chino Hills Fir
e Station 62
•
Burbank Fir
e and Police Facility
•
T
emecula Fire Station 84
•
Riv
erside Fire Station 12
•
Ar
cadia Fire Station 2
•
F
ontana Fire Station 77
•
Cul
ver City Headquarters Fire Station 1
•
F
ontana Fire Station 74
•
R
ancho Cucamonga Fire Station 5
250
4 ARFF STATIONS
•
Los Angel
es International Airport, ARFF Station 80
•
John W
ayne Airport, ARFF Station 33
•
P
ortland International Airport, ARFF Station 89

TRAINING FACILITIES
•
Ont
ario Training Center
•
Cul
ver City Training Center
•
Dinuba Public Saf
ety Training Facility
•
F
remont Tactical Training Center
•
Chino T
raining Facility
•
R
oy Wilson Training Center
•
Los Angel
es Valley Recruit Training Center
•
P
oway Fire Training Facility
•
San Mar
cos Emergency Services Training Facility

REMODELS
•
Ne
wport Beach Fire Station 3
•
Chino Headquart
ers Facility
•
Chino FIr
e Station 6
•
Oc
eanside Police Evidence Facility
•
Or
ange Fire Station 2
•
Ne
wport Beach Police Facility
•
Mont
erey Park Fire Station 61
•
P
asadena Fire Station 39
•
P
asadena Fire Station 32
•
North Net Fir
e Training Center
•
Anaheim Fir
e Station 8
•
El Cajon Fir
e Station 7
•
Nor
co Fire Station 21
•
Ont
ario Fire Stations 2
•
Ont
ario Fire Stations 3
•
Ont
ario Fire Stations 4
•
Ont
ario Fire Stations 5
•
Hesperia Fir
e Station 304
•
Los Angel
es Fire Station 89
•
R
ancho Cucamonga Fire Stations 1
•
R
ancho Cucamonga Fire Station 2
•
R
ancho Cucamonga Fire Station 4
•
R
ancho Cucamonga Fire Station 5
•
R
ancho Cucamonga Maintenance Facility
C. RECENT PROJECTS
The following pages provide some additional
information on specific projects in progress or recently completed by our firm:

B. SUSTAINABLE DESIGN
PBK-WLC is a member of the United States Green
Building Council (USGBC), and has participated with
the USGBC's Leadership in Energy and Environmental
Design (LEED) program on a variety of projects. Twenty- two members of the firm are LEED Certified Green
Building Professionals.

PROJECT NAME LEED LEVEL
Cos
ta Mesa Fire Station 1
Gol
d
American Honda Distribution Center
Gol
d
Glendale Pacific Park Aquatic Center
Gol
d
Glendale Water & Power Stores Building
Sil
ver
Glendale Water & Power Training Building
Sil
ver
Haskett Public Library
Certified
Lane
y College Student Center
Gol
d
Pocket Greenhaven Library
Sil
ver
Merritt College Allied Health Center
Gol
d
WLC Rancho Office
Gol
d
WLC Berkeley Office
Sil
ver

Los Angel
es Fire Station No. 7
Sil
ver
Los Angeles Fire Station No. 39
Sil
ver
Cathedral City Fire Station 411
Sil
ver
Chino Fire Station 1
Sil
ver
Chino Training Center
Sil
ver
Chino Fire Station 7
Sil
ver
CSU San Marcos Public Safety Building
Gol
d
Fremont Fire Station 2
Sil
ver
Fremont Fire Station 6
Certified
F
remont Fire Station 11
Gol
d
LAX ARFF Station 80
Gol
d
Napa County Sheriff
Gol
d
San Diego Fire Station 45
Sil
ver
San Marcos Fire Station 4
Gol
d
San Mateo Fire Station 23
Sil
ver
Scottsdale Fire Station 1
Platinum
Sc
ottsdale Fire Station 8
Platinum
T
ustin Fire Station 37
Certified
V
alley Recruit Training and Fire Station 81
Sil
ver
251
5 Fire Station 5
Escondido, CA
Project Cost: $6,649,446
Square Footage: 8,313
Completion Date:

Oct
ober 2020
Contact:

Mr. Nathan Complin
Project Executive
Erickson-Hall Construction Company
(760) 801-4284
[email protected]
Project Description:

Fire Station 5 is a new 8,313 sf facility built for the Rancho Santa Fe Fire Protection District. Located in the Harmony Grove Village, the station is intended to be an integral part of the new master planned community. The single story station is designed to accommodate 5 fire fighters in an individual dorm setting. Other station features include a 3-bay apparatus room, administrative offices, kitchen, dining room, exercise room, and the various support spaces required for a facility of this type. The station also features a large meeting room for use in training or community events. Site features include secured fire fighter parking, on-site fueling, emergency generator, hose drying rack, and artificial turf. The station was designed to reflect the rural aesthetic adopted by the Harmony Grove Residential Development. Plaster and cementitious wood siding are used in varying amounts to help distribute the overall building massing.

Fire Station 5/Library
Newport Beach, CA
Project Cost: $6,389,186
Square Footage: 10,314
Completion Date:

Sept
ember 2019
Contact:

Mr. Jim Boland
Captain
Newport Beach Fire Department
(714) 915-4896
[email protected]
Project Description:

Faced with the need to replace two aging facilities on adjacent sites, the City of Newport Beach opted to combine two distinct building types into a single facility. Known affectionately as “The Fibrary,” the project combines Fire Station 5 and the branch library for Corona Del Mar. Located at the edge of a small scale residential area, both the fire station and library were considered essential by members of the community. Through a series of community workshops and informational presentations, we were able to work through the distinct issues that come with a combined facility of this type. The fire station features a 2-bay, single- deep apparatus room with drive-through capability and individual dormitories for a crew of six. Other areas include administrative offices, kitchen and dining room, exercise room, and the various support spaces required for a facility of this type. The library portion of the facility includes areas for children, teens, and adults. Both traditional and casual furniture are combined to create an open flow between the different areas. Other areas include a staff work room, storage, and public restrooms. The work of a local artist, Rex Brandt, was incorporated into selected areas of the interior to further combine the different areas. 252
6 Fire Station 3
Carlsbad, CA
Project Cost: $5,437,000
Square Footage: 11,311
Completion Date:

January 2016
Cont
act:

Mr. Mike Lopez
Deputy Fire Chief
Murrieta Fire & Rescue
(760) 212-2569
[email protected]
Project Description:

Fire Station 3 is a new 11,311 sf facility built by the City of Carlsbad. The site is located adjacent to a future park in a predominantly residential area. The Station is designed to accommodate eight fire fighters in an individual dormitory setting. Other Station features include a 3-bay, double-deep apparatus room, administrative offices, kitchen, dining room, day room, physical training room, and the various support spaces required for a facility of this type. A prominent interior feature is a two-story lobby space which includes enlarged historical fire department images as well as a demonstration fire pole. The pole is accessible through a hidden mezzanine area and can be easily accessed by fire fighters for school tours and special demonstrations. Site features include visitor parking, secured fire fighter parking, sand pit, covered patio, and an exercise station. The station is designed using a combination of plaster, brick, and pre-cast concrete. The design intent was to create a Station that was not only civic in nature but included the more traditional elements requested by the Fire Department.

Fire Station 56
Rancho Mission Viejo, CA
Project Cost: $4,500,000
Square Footage: 9,543
Completion Date:

Jul
y 2015
Contact:

Mr. Chris DeCoursey
Construction Manager
Orange County Fire Authority
(714) 573-6473
[email protected]
Project Description:

The new Fire Station 56 sits on a one-acre site located in the Sendero Ranch Residential Village. To match the style of the development, the station was designed in an architectural style that has come to be associated with the modernist architect Irving Gill. The station features a three-bay, double-deep apparatus room, administrative office areas, kitchen, dining room, day room, physical training room, eight person dormitory, shop, medical supply storage, and the various support spaces required for a facility of this type. Site features include secured fire fighter parking, fuel station, emergency generator and an open patio area.

The project was completed utilizing the design-build project delivery method in conjunction with Erickson-Hall Construction Co. 253
7 Fire Station 1
Costa Mesa, CA
Project Cost: $6,867,000
Square Footage: 11,675
Completion Date:

Jul
y 2018
Contact:

Mr. Jason Pyle
Division Chief
Costa Mesa Fire Department
(714) 754-5069
[email protected]
254
8 255
9 Key Personnel
The staff which we propose for the Project Team is highly experienced and well qualified in the planning and design of public safety facilities. Our team members are skilled professionals having extensive experience in the assessment of space needs, site and building analysis, programming, interior design, and organizational management.

A. PBK-WLC TEAM
KELLEY NEEDHAM, Principal-In-Charge
Mr. Needham is a Principal of the firm and will serve
as the Project Architect for all phases of the project.

Mr. Needham will be the main project contact and shall
provide the special expertise related to Fire Station design.

Mr. Needham will be working closely with the City and
Fire Department staff, as well as coordinating the efforts required of our consulting team.

BERNHARD WASSINK, Project Manager
Mr. Wassink will serve as Project Manager and will be
primarily responsible for the layout and design of the
project. Mr. Wassink will also be responsible to ensure all programmatic and code requirements are met.

During the design phase, Mr. Wassink will be responsible for producing design presentations and other visual
communication materials. Mr. Wassink will coordinate
the preparation of the final construction documents and provide administrative support throughout the entire
construction process.

FRANK CUOMO, Quality/Cost Assurance
Mr. Cuomo has been with the firm since 1985 and
serves as our Quality Assurance/Cost Coordinator. Mr.

Cuomo oversees the entire office's work in the areas of specifications, cost and quality control. He stays abreast of all recent governmental changes and product updates.

Most importantly he updates WLC's Contract Document
Checklist. This comprehensive document is used by the
design team and our consultants to ensure a thorough
review of your project prior to the start of construction. 256
10 CIVIL ENGINEERING
civTEC
999 Corporate Drive, Suite 100
Ladera Ranch, CA 92694
(949) 463-8822

STRUCTURAL ENGINEERING
R.M. Byrd and Associates, Inc.
1047 West Sixth Street, Suite A
Ontario, CA 91762
(909) 983-5599

MECHANICAL ENGINEERING
Pocock Design Solutions
14451 Chambers Road #210
Tustin, CA 92780
(949) 417-3903

ELECTRICAL ENGINEERING
A&F Engineering Group, Inc.
9320 Baseline Road, Suite C
Alta Loma, CA 91701
(909) 941-3008

ENVIRONMENTAL
Chambers Group, Inc.
5 Hutton Centre Drive, Suite 750
Santa Ana, CA 92707
(949) 261-5414
B. CONSULTING TEAM
We have selected our proposed consulting team based upon their combined technical expertise and capabilities for performing necessary consulting services on facilities of similar size and scope. Our consultants are not specialty consultants brought in to make up for our own lack of specific project experience. In most cases, we have a long history and close working relationship with each firm. All of our consultants utilize computer-aided design and management systems to interface with our own CAD systems. Specifically, our consulting team will be able to provide services in the following areas:

GEOTECHNICAL/SOILS
Leighton Consulting, Inc.
10532 Acacia Street, Suite B6
Rancho Cucamonga, CA 91730
(909) 484-2205

FURNITURE
G/M Business Interiors
1099 West La Cadena Drive
Riverside, CA 92501
(800) 686-6583

TRAFFIC ENGINEERING
KOA Corporation
2141 West Orangewood Avenue
Orange, CA 92868
(714) 573-0317

HAZARDOUS ASSESSMENT
Masek Consulting
23478 Sandstone Street
Mission Viejo, CA 92692
(949) 581-8503

ACOUSTICS
McKay Conant Hoover, Inc.
5655 Lindero Canyon Road, Suite 325
Westlake Village, CA 91362
(818) 991-9300

SUSTAINABILITY
Ecotype Consulting, Inc.
1000 New York Street, #107
Redlands, CA 92374
(909) 307-8987

HARDWARE
Architectural Hardware Services
150 East Meda Avenue, Suite 240
Glendora, CA 91741
(626) 852-8802

CONSTRUCTABILITY
STK Architecture, Inc.
42095 Zevo Drive, Suite A15
Temecula, CA 92590
(951) 296-9110

UTILITY SURVEYS
C Below
14280 Euclid Avenue
Chino, CA 91710
(888) 902-3569
257
11 C. ORGANIZATION CHART
City of Costa Mesa
Costa Mesa Fire Department

PBK-WLC
Kelley Needham
Principal-in-Charge
Project Architect

DESIGN TEAM

CONSULTANT TEAM
Bernhard Wassink
Project Manager
Frank Cuomo
Quality Assurance/Cost Coordinator
civTEC
Civil Engineering
R.M. Byrd and Associates
Structural Engineering
Pocock Design Solutions
Mechanical Engineering
A&F Engineering Group
Electrical Engineering
Chambers Group
Environmental
Leighton Consulting
Geotechnical
G/M Business Interiors
Furniture
KOA Corporation
Traffic Engineering
Masek Consulting
Hazardous Assessment
McKay Conant Hoover
Acoustics
Ecotype Consulting
Sustainability
Architectural Hardware Services
Hardware
STK Architecture
Constructability
C Below
Utility Surveys
258
FIRE STATION 3

CARLSBAD, CA
259
13 Project Approach

1. SCHEMATIC DESIGN PHASE
The first and perhaps most important task during
the Schematic Design Phase will be to establish and
determine the best approach to the design of the
primary systems in the project. The architectural
program shall be developed. Alternative configurations
shall be quickly explored in order to evaluate the best opportunities. A design concept shall be formulated in
order to provide a sound basis for subsequent planning
and design decisions to occur. The design concept shall be utilized to evaluate advantages and disadvantages
of each potential alternative. Site and programmatic
factors, aesthetic quality, cost, and other key factors related to the project shall be utilized in order to form the basis of an evaluation. Through a variety of informal meetings with the project committee, a schematic
design concept shall be established.

During the Schematic Design Phase for your project,
the following tasks and deliverables have been
identified:
a. Master Site Plan
A master site plan shall be prepared in order to
describe all major site components and to illustrate
the overall site planning concept for the project. All
structures, parking areas, and circulation components
shall be identified. Areas of future expansion and/or
future phasing shall also be defined.
b. Preliminary Landscape Plan
A preliminary landscape plan shall be prepared in
order to illustrate proposed planting, landscaping
techniques, and design concepts. Drought resistant,
A. UNDERSTANDING
It is our understanding that the City of Costa Mesa would like to demolish and reconstruct Fire Station 2 on the
same site. Originally constructed in 1966, the building no longer meets the functional requirements of a fire station.

In addition to the new station, a new site plan will be developed and we anticipate revisions to the signalization along Baker Street. It is understood that a temporary
facility will need to be constructed on site for use by the Fire Department during construction.

B. DESIGN TEAM METHODOLOGY
Our firm consistently utilizes a Design Team approach
for establishing project delivery and control during all phases of planning and design. The primary contact will be our Principal-in-Charge, Kelley Needham, AIA. The
Principal-in-Charge will be responsible for coordinating our in-house architectural team and our consultant
team. The Team remains with the project from concept
through completion. Therefore, continuity of the project participants and of the process is achieved. The Design Team shall produce all necessary reports, studies,
drawings, models, renderings, and cost estimates, and
shall perform all necessary administrative, management, and coordination services throughout the entire course of the project.

C. SCOPE OF WORK
In addition to the items listed in the RFP, the following is a list of the basic tasks and deliverables anticipated for your new project. The scope has been divided into the five phases typically associated with architectural services:
260
14 low maintenance, and xeriscape techniques shall be defined.

A preliminary plant palette, identifying major tree and shrub species, shall be included.
c. Preliminary Floor Plans
A preliminary floor plan of each level for every structure proposed shall be prepared.
d. Exterior Elevations
Exterior elevations shall be prepared to illustrate all major views of the project. Elevations shall be drawn to depict scale, character, architectural vocabulary, and shall be delineated to communicate the aesthetic qualities of the project.
e. Schematic Design Opinion of Cost
A preliminary opinion of construction costs shall be prepared and included with the summary report.
f. Project Schedule
A comprehensive project schedule shall be prepared. The project schedule shall include anticipated time frames for each phase of the project as well as any other milestones required by the City.

2. DESIGN DEVELOPMENT PHASE
After completion of the Schematic Design Phase, the
design of the project shall be advanced into more detailed refinement by initiating the Design Development Phase. Our Design Team shall prepare design development documents
consisting of drawings, outline specifications, design
calculations, material/equipment submittals, fixture cuts, and a design development opinion of estimated construction cost.

Architectural, structural, electrical, and mechanical systems shall be further detailed and analyzed. Preliminary drawings shall be prepared for each of these systems and options which may exist shall be evaluated.

During the Design Development Phase, requirements for
cabinets, casework, hardware, and related specialties shall be determined. A preliminary furniture plan shall be prepared indicating usage and furniture layout of every work station, office, and support space. Final selection of materials, textures, and colors shall occur. The Design Development Phase is essentially the time when preliminary design proposals are refined to a level of detail and developed to a state such that final construction documents can be initiated. The Design Development Phase is the time when all final decisions pertaining to the proposed project are evaluated and finalized.

During the Design Development Phase, the following
tasks and deliverables have been identified:
a. Design Development Plans
Design development drawings shall be prepared in
order to fix and describe the size and character of
the entire project including architectural, structural, mechanical, and electrical design features.
b. Outline Specifications
Outline specifications shall be prepared in order
to identify and define the materials and system
components selected for the project. Outline
specifications shall be prepared in summary outline
form based on CSI format.
c. Basis of Design
A technical manual shall be assembled to organize
product literature and data for all materials, equipment, and fixtures selected for the project.
d. Building Code Analysis
Drawings, diagrams, and calculations shall be prepared
based upon all applicable building codes having
jurisdiction over the project. A preliminary occupancy
and exiting plan shall be prepared to identify the type of construction, type of occupancy, required fire rating/ separation, and location/number of exits required.
e. Design Development Opinion of Cost
An opinion of construction cost shall be prepared to
reflect the scope and anticipated construction costs as reflected by the design development documents.
f. Project Schedule
An updated project schedule shall be prepared and
submitted.

3. CONSTRUCTION DOCUMENT PHASE
The final Construction Document Phase of the project
generally consists of the preparation of the construction documents to include final drawings, specifications,
calculations, and final cost estimates. Our proposal
includes complete and comprehensive architectural
261
15 and engineering services required to execute the entire project. Specifically, we have included the following
disciplines:
1) Architectural

2) Civil Engineering
3) Structur
al Engineering

4) Mechanic
al Engineering
5) Electrical Engineering

6) Landsc
ape Architecture
During this phase, the Contract Documents are
prepared setting forth in detail the requirements for
the construction of the project. General conditions,
instructions to bidders, and all special requirements
are defined, and when combined with the various trade
specifications, a complete project manual is produced.

During the Construction Document Phase final cost
studies shall be prepared. A detailed opinion of
construction cost shall be prepared at the point where
final plans and specifications are approximately 50%
complete. Once construction documents have almost been
completed, a revised opinion of cost shall be prepared
at the level of approximately 90% completion. Allowable construction costs will be consistently monitored during the entire process in order to minimize the possibility of requiring major refinement or modification due to
budgetary limits.

The following tasks are specifically proposed for the
project:
a. Construction Drawings
Final construction drawings shall be prepared in order to describe and identify the spaces, sizes, volume, and location in detail for the construction of the project.
b. Project Manual
A project manual shall be prepared to include all
instructions to bidders, bidding forms, general conditions, supplementary special conditions, and the construction
trade sections for the project. The project manual
provides detailed technical information pertaining to the administration of the contract for construction, materials and equipment to be furnished, acceptable manufacturers, and the requirements for executing the work.
c. Final Design Calculations
Final design calculations shall be prepared and submitted with the final plans and specifications for review and
approval by governing agencies having jurisdiction over the project. Structural calculations, hydrology/drainage calculations, and mechanical/electrical (Title 24 Energy Compliance) shall be completed during this phase.
d. Opinion of Cost
A detailed opinion of construction costs shall be prepared at the point where plans and specifications are approximately 50% complete. A second cost opinion shall be prepared at the 90% completion point in order to address any refinement or modification occurring during the preparation of the construction documents. The cost opinion shall be prepared utilizing specific area and quantity take-offs applied to labor and material cost, and shall include allowance for general conditions, Contractor’s profit and overhead, and contingencies.
e. Final Plan Check
All final plans, specifications, and supporting calculations shall be submitted to appropriate agencies having
jurisdiction over the project. The final construction
documents shall be revised and amended in order to reflect any plan check requirements, and at this time, construction documents will be ready for competitive bidding.

4. BIDDING PHASE
During the Bidding Phase, the Architect shall provide
administrative support services to assist the City in obtaining FIRE STATION 45

SAN DIEGO, CA
262
16 competitive bids for the proposed project. The Architect shall respond to any questions, clarifications, or conflicts which may arise in the form of written addenda to the
contract documents. At this time, request for substitutions may be considered if allowed by the contract documents.

The Architect shall assist the City with an evaluation of the bids received and make a recommendation for award of
the contract for construction.

The following services for the Bidding Phase of the project are proposed:
a. Bidding Procedures and Administration
The Architect shall assist the City with the Bidding Phase of the project. Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda
prepared by the Architect. Addenda to the contract for
construction shall be prepared in writing to document
any clarification or modification made to the contract
documents.
b. Evaluation of Bid Proposals
Upon receipt of all bid proposals, a review and evaluation shall be conducted by the Architect. The completeness
of each bid proposal shall be evaluated whenever
consideration exists to award to the proposing contracting entity. The completeness of the bid proposal, proposed
subcontractors, affidavit of signature and other special bid proposal requirements shall be reviewed by both the City and the Architect.
c. Notice to Award Construction Contract
Upon the completed review of appropriate bid proposals, the Architect shall provide a recommendation for
consideration regarding the potential award of the contract for construction.

5. CONSTRUCTION ADMINISTRATION PHASE
The Architect shall attend job site meetings at weekly
intervals in order to generally review and evaluate the construction schedule, monitor weekly performance,
review quality control standards, and provide assistance for any clarification or revision to the contract for
construction. Shop drawings and related submittals shall be reviewed and returned to the Architect for appropriate action. The Contractor’s requests for information, proposal requests, and related communications shall be attended
to on a regular basis. Contractor’s pay requests shall be reviewed by the Architect on a monthly basis in accordance with the amount of work completed and in accordance
with the contract documents. Upon completion of the
Construction Phase the Architect shall organize and
conduct a final walk-through and review. A final punch list for all required corrections and remaining work shall be prepared.

During the Construction Phase of the project, the following services shall be furnished:
a. Preconstruction Conference
A preconstruction conference shall be attended by the
Architect to brief all parties concerned with general and special requirements of the contract for construction.

Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives from the Fire Department, the Architect, the Contractor, and all major subcontractors.
b. Job Site Meetings
Job site meetings at weekly intervals shall be scheduled and attended by the Architect for the same day and
time through the duration of the project. Scheduling,
coordination, requests for information, and changes to the contract for construction are routinely monitored.
c. Submittal and Shop Drawing Review
The Architect shall review all required shop drawings and related submittals as required by the contract documents. d. Project Closeout
At the completion of the Construction Phase a final
job site meeting and review of the entire facility shall be conducted. A final punch list will be published and
distributed by the Architect to all parties concerned,
specifically noting required corrections, non-conforming work, and work remaining to be completed. A second
walk-through shall be conducted when all punch list
items have been corrected, at which time a Final Notice of Completion shall be filed by the City.
e. Record Documents
A set of final record documents will be created from the Contractor’s as-built drawings.
263
17 D. SITE SPECIFIC SERVICES
The following items are not typically found in the basic scope of architectural services. Based on the specifics of your site and our experience with projects of this type, we believe the following additional services will also be required:
a. Topographical Survey
A complete topographical and boundary survey shall be
furnished by the design team. The size, area, and overall configuration of the site area shall be accurately defined noting all existing conditions, improvements, utilities, and adjacent relationshiops.
b. Geotechnical Investigation
A geotechnical investigation shall be furnished by the
design team. The soils report shall be reviewed in order to determine existing soils conditions, soils characteristics, water table relationship to known seismic faults, and
overall soils suitability for the proposed project. Specific recommendations shall be made for soils preparation
related to the construction of footings, foundations, slabs, and various pavement sections.
c. Storm Water Pollution Prevention Plan
Prepare a storm water pollution prevention plan (SWPPP) and electronically file a notice of intent (NOI) with the SWRCB SMARTS website in order to obtain a WDID number.
d. Environmental Planning
The design team will prepare all reports and documents
pursuant to the requirements of the California
Environmental Quality Act (CEQA) and any adopted CEQA
precedures.
e. LEED Certification
The project will be designed in accordance with LEED
building design and construction version 4.
f. Traffic Engineering
Prepare traffic signal plans for modifications required on Baker Street.
g. Commissioning
Provide commissioning services to verify that systems and components installed are performing as intended.
h. Utility Survey
A survey and video investigation will be made of the
existing utility infrastructure. A condition report will be prepared along with any mitigation recommendations.
i. Soil Remediation
A work plan for UST investigation and removal will be
prepared for inclusion in the construction documents.

Sampling during removal will be conducted and a final
report prepared.
j. Acoustical Analysis
An acoustical study will be conducted on site to determine existing conditions. Potential construction noise will
be assessed and mitigation recommendations will be
prepared.
264
FIRE STATION 29

DANA POINT, CA
265
19 Schedule
A. PRELIMINARY SCHEDULE
The following schedule represents an estimated timeline of events for your new project. We have tried to list as many of the main events known to us that are typical for a project of this type. We have assumed a preliminary start date of January 2022.

If selected as your Architect, one of our first tasks will be to develop a comprehensive, overall project schedule.

Phase 1 | Phase 2 | Phase 3 | Phase 4 | Phase 5 Item/Description 2022 2023

J F M A M J J A S O N D J F M A M J J A S O N D

SCHEMATIC DESIGN

1. Geotechnical Report

2. Develop Program

3. Develop Building/Site Design

4. Preliminary Cost Estimate

5. Development Review

6. Environmental Planning

DESIGN DEVELOPMENT

1. Prepare Design Development Plans

2. Fixture and Equipment Book

3. Update Cost Estimate

4. Fire/City Review

CONSTRUCTION DOCUMENTS

1. Prepare Construction Documents

2. Building/Engineering Review

3. Update Cost Estimate

BIDDING AND NEGOTIATIONS

1. Bidding Period

2. Review Bids/Award of Contract

CONSTRUCTION

1. Job Site Meetings

2. Submittal and Shop Drawings

3. Punch List

4. Final Completion and Move-in
266
20 FIRE STATION 5/LIBRARY

NEWPORT BEACH, CA
267
Appendix
A. RESUMES
B. REFERENCES

CONCEPTUAL STUDY
FIRE STATION 2

CARLSBAD, CA
268
Kelley Needham Architect, Principal
Mr. Needham joined WLC Architects,
Inc. in April 1986. He has brought to
the firm a wide variety of experience
and expertise in project design and
construction document preparation.

His architectural education was
taught with a strong emphasis on
human needs and how to integrate
them into the built environment.

This emphasis was combined with a
methodical and logical design process
geared toward the achievement of
appropriate design solutions. He has
experience in a wide variety of project
types but has specialized in the
design of both public and essential
service facilities.

EDUCATION
California Polytechnic University, Pomona
Bachelor of Architecture, 1985

REGISTRATION
Architect, California - 19064

PROFESSIONAL AFFILIATIONS
Los Angeles Chapter
American Institute of Architects

FIRE STATIONS
•
F
ontana Fire Station 81
•
Or
ange Fire Station 1
•
Manhatt
an Beach Fire Station 2
•
Harmony Gr
ove Fire Station 5
•
Anaheim Fir
e Station 5
•
Ne
wport Beach Fire Station 2
•
Mont
erey Park Fire Station 62
•
Cos
ta Mesa Fire Station 1
•
Ne
wport Beach Fire Station 5
•
Eas
tvale Fire Station 31
•
Sender
o Ranch Fire Station 56
•
F
ontana Fire Station 73
•
Los Angel
es Fire Station 15
•
Malibu Fir
e Station 71
•
Carlsbad Fir
e Station 3
•
Los Angel
es Fire Station 7
•
Los Angel
es Fire Station 39
•
San Diego Fir
e Station 45
•
Bonsall Fir
e Station 5
•
Ont
ario Fire Station 9
•
V
ernon Fire Station 4
•
F
ontana Fire Station 71
•
Rialt
o Fire Station 2
•
Sc
ottsdale Fire Station 1
•
Sc
ottsdale Fire Station 8
•
St
anton Fire Station 46
•
Mec
ca Fire Station 40
•
F
remont Fire Station 11
•
Simi V
alley Fire Station 47
•
Cypr
ess Fire Station 17
•
Chino Fir
e Station 7
•
Hesperia Fir
e Station 301
•
Hesperia Fir
e Station 305
•
F
remont Fire Station 2
•
Esc
ondido Fire and Police
•
Indio Fir
e Station 5
•
Cul
ver City Fire Station 3
•
F
remont Fire Station 6
•
Esc
ondido Fire Station 7
•
Esc
ondido Fire Station 6
•
Y
ucaipa Fire Station 3
•
Cabazon Fir
e Station 24
•
Esc
ondido Fire Station 3
•
Carlsbad Fir
e Station 6
•
Hous
ton Fire Station 8
•
San Mar
cos Fire Station 4
•
Lak
e Forest Fire Station 19
•
F
remont Fire Station 8
•
Chino Fir
e Station 63
•
Dana P
oint Fire Station 29
•
F
airbanks Headquarters Fire Station
•
San Mar
cos Fire Station 2
•
R
ancho Cucamonga FS 173
•
San Bernar
dino Fire Station 232
•
Nor
co Fire Station 22
•
Cor
ona Fire Station 7
•
Sant
a Monica Fire Station 2
•
La Quint
a Fire Station 93
•
R
ancho Cucamonga Fire Station 176
•
Anchor
age Headquarters Fire Station 1
•
F
ontana Fire Station 78
•
San Mar
cos Fire Station 1
•
Chino Hills Fir
e Station 62
•
Burbank Fir
e and Police Facility
•
T
emecula Fire Station 84
•
Riv
erside Fire Station 12
•
F
ontana Fire Station 77
•
F
ontana Fire Station 74
269
Bernhard Wassink LEED AP, Sustainability Coordinator
Mr. Wassink joined WLC Architects
in 2000 as our Sustainable Design
Coordinator. He has been involved in a
variety of projects focusing on project
design, design development and
construction documents. Mr. Wassink
has managed a number of LEED projects
and is responsible for LEED training
within the firm. His knowledge of LEED
is grounded in practical experience that
has given him the ability to accurately
evaluate a project’s potential, establish
sustainability goals, fulfill and document
program requirements, manage other
members of the design team, and guide
a LEED application through the process
until final certification.

EDUCATION
Taylor University Upland, IN
Bachelor of Science, Business Systems,
Concentrations in Finance & Art
California Polytechnic University,
Pomona, CA
Master of Architecture
Concentration Historic Preservation

PROFESSIONAL AFFILIATIONS

LEED AP

FIRE STATIONS
•
Cos
ta Mesa Fire Station 1
•
Or
ange Fire Station 1
•
Harmony Gr
ove Fire Station 5
•
Anaheim Fir
e Station 5
•
Ne
wport Beach Fire Station 2
•
Mont
erey Park Fire Station 62
•
Eas
tvale Fire Station 31
•
F
ontana Fire Station 73
•
T
ustin Fire Station 37
•
Sender
o Ranch Fire Station 56
•
Los Angel
es Fire Station 81
•
Los Angel
es Fire Station 89
•
Ont
ario Fire Station 9
•
Cabazon Fir
e Station 24
•
Y
ucaipa Fire Station 9
•
Esc
ondido Fire Station 3
•
Esc
ondido Fire Station 6
•
Esc
ondido Fire Station 7
•
Hous
ton Fire Station 1
•
Anaheim Fir
e Station 11
•
San Diego Fir
e Station 45
•
San Mar
cos Fire Station 4
•
Cul
ver City Fire Station 3
•
F
remont Fire Station 6
•
Carlsbad Fir
e Station 6
•
Lak
e Forest Fire Station 19
•
Dana P
oint Fire Station 29
•
F
airbanks Headquarters FS
•
San Mar
cos Fire Station 2
•
Nor
co Fire Station 22
•
La Quint
a Fire Station 93
•
LAX ARFF St
ation No. 80

REFERENCES
Mr. Greg Woolf, Division Chief (R)
San Marcos Fire Department
(760) 594-4705
[email protected]
Mr. Peter Tauscher, Project Manager
City of Newport Beach
(949) 644-3330
[email protected]
Mr. Terry Welsh, Division Chief (R)
San Bernardino County Fire Department
(760) 954-7779
[email protected]
Mr. Nathan Complin, Project Executive
Erickson-Hall Construction Company
(760) 801-4284
[email protected]
270
Frank Cuomo Senior Associate, Quality Assurance/Cost Coordinator

EDUCATION
University of Illinois, Champaign
School of Architecture, 1983

REGISTRATION
Architect, California - 27449

PROFESSIONAL AFFILIATIONS
Inland Chapter
American Institute of Architects
Mr. Cuomo has been with the firm since
1985 and as Quality Assurance/Cost
Coordinator is not assigned to just one
studio team. Instead, Mr. Cuomo acts as
a resource to the entire office, answering
technical questions, developing WLC's
specification system, and overseeing all
product literature.

Mr. Cuomo is responsible for WLC's
Contract Document Checklist. Each
project team and their consulting
engineers must complete this thorough
checklist before a WLC project is deemed
"ready for bid."

PUBLIC SAFETY
•
Sant
a Clarita Sheriff's Facility
•
San Diego CHP F
acility
•
City of Commer
ce EOC
•
Mont
clair Police Facility
•
Esc
ondido Police and Fire Facility
•
T
urlock Public Safety Facility
•
Y
ucaipa Sheriff Facility
•
Cathedr
al City Fire Station 411
•
Gilr
oy Police Facility
•
Cl
ovis Police and Fire Facility
•
San Mar
cos Training Facility
•
San Mar
cos Sheriff's Facility

MUNICIPAL FACILITIES
•
Mont
clair Youth and Teen Center
•
Y
ucaipa Community Center
•
Gilr
oy Civic Center
•
W
oodbridge Community Park
•
Cor
ona Community Center
•
Y
ucaipa Civic Center
•
City of Cl
ovis Civic Center

REFERENCES
Mr. Michael W. Siemering, Project
Director
Department of General Services
(916) 376-1628
[email protected]
Mr. Scot Smithee, Police Chief (R)
Gilroy Police Department
(408) 846-0310
[email protected]
Mr. Mike Hudson, City Engineer
City of Montclair
(909) 625-9439
[email protected]
Mr. Nathan Complin, Project Executive
Erickson-Hall Construction Company
(760) 801-4284
[email protected]
271
Thomas Edward Carcelli Principal, civTEC
Tom Carcelli has over 25 years of experience in the civil engineering field with a particular emphasis on parks and recreation, commercial/industrial, education and public works projects. His extensive design and management experience in all phases of civil engineering for land development projects throughout Southern California includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/mapping and street design.

EDUCATION
California State Polytechnic University,
Pomona
Master of Architecture
University of California, Irvine
Bachelor of Science in Civil Engineering

REGISTRATIONS
Licensed Professional Engineer - CA
RCE #81640
Qualified SWPPP Developer (QSD) -
C-81640

PROFESSIONAL AFFILIATIONS
ASCE - Member

RELEVANT EXPERIENCE
•
Bac
chus Business Park
•
Mis
sion Viejo Lexus Car Dealership
•
P
oway Mossy Nissan Car Dealership
•
Fir
st American Financial Corporate Headquarters
•
GIA Corpor
ate Headquarters Parking Lot Expansion
•
Bo
wers Museum - Kennedy Wing
•
Sant
a Clarita Central Park
•
Encinit
as Community Park
•
Esencia Sport
s Park
•
Bommer Cany
on Cattle Camp
•
Y
orba Linda Adventure Play Area
•
P
ortola Park
•
J
ARPD Recreation Center
•
Norman P
. Murray Center Expansion
•
Oasis Senior Cent
er
•
Muirlands Boul
evard Median Renovation
•
Ne
xus Twin Towers
•
Hect
or G. Godinez Fundamental High School
•
R
ancho Santiago Community College District Office, ADA Compliance 272
Principal, civTEC
Richard M. Byrd President, R.M. Byrd and Associates
R.M. Byrd and Associates, Inc. was founded in 1992 on fundamental principles designed to provide quality consulting engineering services. The Principals, Associates, and employees of R.M. Byrd and Associates, Inc. recognize that in a service oriented industry, commitment to specific principles provides clear distinction between mediocrity and excellence. The primary dedication of their firm begins with the understanding that they are to protect the interests, property, and safety of the general public. R.M Byrd and Associates maintains the highest level of professional integrity. It is the goal of their firm to obtain creative solutions to difficult problems and strive to implement creativity without sacrificing project economy.

EDUCATION
California Polytechnic State University
San Luis Obispo
Bachelor of Science, Architectural
Engineering, 1984

REGISTRATIONS
CA Civil Engineer No. CE41857
CA Structural Engineer No. SE3350
AK Professional Engineer No. 11952
AZ Professional Engineer No. 29251
CO Professional Engineer No. 34824
FL Professional Engineer No. 53077
GA Professional Engineer No. 26484
IL Professional Engineer No. 062-052532
IN Professional Engineer No. 10000055
MN Professional Engineer No. 40451
NC Professional Engineer No. 024194
TX Professional Engineer No. 84360
VA Professional Engineer No. 0402 035429
WA Professional Engineer No. 33441

PROFESSIONAL AFFILIATIONS
Structural Engineers Association of CA
Consulting Engineers Association of CA
International Conference of Building Officials
American Institute of Steel Construction
Office of Emergency Services - Disaster
Preparedness Program

FIRE STATIONS
•
Cos
ta Mesa Fire Station 1
•
Carlsbad Fir
e Station 6
•
Esc
ondido Police and Fire Facility
•
San Mar
cos Fire Station 4
•
Coll
ege Park Fire Station
•
R
ancho Santa Fe Fire Station
•
R
ancho Cielo Fire Station
•
Indio Fir
e Station 5
•
Upland Fir
e Station
•
Hesperia Fir
e Station 301
•
Hesperia Fir
e Station 305
•
San Mar
cos Fire Station 2
•
Chino Fir
e Station 63
•
Sant
a Monica Fire Station 2
•
San Mar
cos Fire Station 1
•
T
owngate Fire Station
•
Menif
ee Fire Station
•
Winches
ter Fire Station
•
Bermuda Dunes Fir
e Station
•
Lak
eland Village Fire Station
•
Elsinor
e Fire Station
•
Mor
eno Valley Fire Station
•
Mesa Fir
e Station
•
R
edlands Fire Station
•
Cathedr
al City Fire Station 411
•
F
ontana Fire Station 71
•
Rialt
o Fire Station 202
•
Rubidoux Fir
e Station
•
T
emecula Roripaugh Fire Station

ARFF STATIONS
•
LAX - ARFF St
ation 80

TRAINING FACILITIES
•
Dinuba Public Saf
ety Training Facility
•
F
remont Tactical Training Center
•
Chino T
raining Facility
•
R
oy Wilson Training Center
•
Los Angel
es Valley Recruit Training
Center
•
P
oway Fire Training Facility
•
San Mar
cos Emergency Training Facility

REFERENCES
Mr. Dave Atchley
Environmental Systems Research Institute
(951) 538-9921
[email protected]
Mr. Dale Etter
Victor Elementary School District
(760) 245-1691
[email protected]
Mr. Jim Christl
Azusa Pacific University
(626) 815-4591
[email protected]
273
Tim Pocock Principal, Pocock Design Solutions
Mr. Pocock has over 30 years of experience in the design of a wide variety of project types including educational, institutional, industrial, municipal, parking structures, and healthcare facilities. With a construction oriented background, Mr. Pocock is well versed in all aspects of project delivery.

As managing principal of Pocock Design Solutions, Mr. Pocock is responsible for the overall operations of the company. Mr. Pocock will be involved with all aspects of the project, from the schematic design phase through construction phase and closeout.

EDUCATION
University of California Los Angeles,
Extension
California Sequential Program in
Plumbing System Design

REGISTRATIONS
University of California Los Angeles,
Extension California Sequential Program
in Plumbing System Design Certification

PROFESSIONAL AFFILIATIONS
American Society of Plumbing Engineers
National Fire Protection Association
(NFPA)

FIRE STATIONS
•
Cos
ta Mesa Fire Station 1
•
Airport Fir
e Station No. 5
•
Anaheim Fir
e Station No. 11
•
Atw
ater Fire Station No. 2
•
Bonsall Fir
e Station No. 5
•
Butt
erfield Fire Station
•
Carlsbad Fir
e Station No. 6
•
Chino Fir
e Station No. 1
•
Chino Fir
e Station No. 7
•
Chino V
alley Fire Station No. 63
•
Chula Vis
ta Fire Station No. 2
•
Chula Vis
ta Fire Station No. 4
•
City of San Jose Fir
e Station No. 2
•
Cul
ver City Fire Station No. 3
•
Erringer Fir
e Station No. 47
•
Nor
co Fire Station No. 22
•
F
ontana Fire Station No. 78
•
F
remont Fire Station No. 11
•
F
remont Fire Station No. 2
•
F
ullerton Fire Station No. 41
•
Gilr
oy Fire Station No. 3
•
Hollis
ter Fire Station No. 1
•
Mer
ced Fire Station No. 55
•
Nervino Fir
e Station
•
Nor
co Fire Station No. 21
•
Nor
co Fire Station No. 3
•
Ont
ario Fire Station No. 9
•
Ont
ario Fire Station No. 5
•
Or
ange County Fire Station No. 17

REFERENCES
Kasey Shay, Senior Project Manager
Bomel Construction Company, Inc.
(714) 279-3252
[email protected]
Ken Jones Jr., M.O.T. Supervisor
Cucamonga School District
(909) 987-8942
[email protected]
Ronald A. Kuehl, COO
Neff Construction, Inc.
(909) 947-3768
[email protected]
274
Rolando E. Sotelo Principal, A&F Engineering Group
As a principal of the firm, Mr. Sotelo serves as the Chief Engineer for A&F Engineering Group, Inc. ventures. Mr. Sotelo has over twenty years of experience and has completed projects throughout Southern California. His expertise has been an integral part of large and small projects that include civic centers, educational facilities, medical centers, office buildings, commercial centers and industrial plants.

Institutional projects form a major part of Mr. Sotelo’s experience. These projects include new construction and remodel of fire and police stations; new construction and modernization of high schools, middle schools and elementary schools; building additions and remodel of university and college campuses; and medical facility remodels.

EDUCATION
B.S., Electrical Engineering,
California State University, Long Beach

REGISTRATIONS
California License E17229
Arizona License E48795

PROFESSIONAL AFFILIATIONS
National Society of Professional Engineers
(NSPE)
California Society of Professional Engineers
(CSPE)
Institute of Electrical and Electronic
Engineers (IEEE)

FIRE STATIONS
•
Cos
ta Mesa Fire Station 1
•
Anaheim Fir
e Station 5
•
Eas
tvale Fire Station 31
•
Ne
wport Beach Fire Station 5
•
Mont
erey Park Fire Station 62
•
Mont
erey Park Fire Station 61
•
F
ontana Fire Station 73
•
F
ontana Fire Station 71
•
Bonsall Fir
e Station 5
•
Carlsbad Fir
e Station 3
•
Ont
ario Fire Station 4
•
Y
ucaipa Fire Station 3
•
Cul
ver City Fire Station 3
•
San Jose Fir
e Station 2
•
A
valon City Hall and Fire Station
•
T
erra Lago Fire Station 5
•
Simi V
alley Fire Station 47
•
F
remont Fire Station 2
•
P
omona Fire Station 183
•
El Cajon Fir
e Station 7
•
Hesperia Fir
e Station 304
•
Anaheim Fir
e Station 8
•
Hesperia Fir
e Station 305
•
Hesperia Fir
e Station 301
•
Chino Fir
e Station 7
•
Chino T
raining Facility

REFERENCES
Steve Stanton, Project Manager
City of Montclair
(909) 625-9444
[email protected]
Eric DeMott, AIA
Haynes + Oakley Architects
(626) 836-5820
[email protected]
Aaron Mayoral, Owner
Fulmin Electrical Corporation
(909) 218-4528
[email protected]
275

FIRE STATIONS
•
Or
ange Fire Station No. 2
•
Los Angel
es Fire Station No. 4
•
Anaheim Fir
e Station No. 5
•
Esc
ondido Fire Station No. 5
•
Irvine Fir
e Station No. 6
•
Ont
ario Fire Station No. 6
•
Los Angel
es Fire Station No. 7
•
Ont
ario Fire Station No. 7
•
Ont
ario Fire Station No. 8
•
San Diego Fir
e Station No. 14
•
Los Angel
es Fire Station No. 15
•
Los Angel
es Fire Station No. 21
•
Los Angel
es Fire Station No. 33
•
V
an Nuys Fire Station No. 39
•
San Diego Fir
e Station No. 43
•
W
est Los Angeles Fire Station No. 43
•
San Diego Fir
e Station No. 45
•
Studio City Fir
e Station No. 78
•
Los Angel
es Fire Station No. 81
•
San P
edro Fire Station No. 85
•
Northridge Fir
e Station No. 87
•
Los Angel
es Fire Station No. 94
•
Lak
eside FS and Administration
Building

REFERENCES
Ms. Patricia Neely, A.I.A.

Anaheim Union High School District
(714) 999-3505
[email protected]
Ms. Tara Liampetchakul, P.E., Civil
Engineer
Los Angeles Unified School District
(213) 241-0372
[email protected]
Mr. Jimson Gutierrez, Associate Engineer
City of Anaheim-Dept. of Public Works
(714) 765-5251
[email protected]
Don Wilson Principal, Cornerstone Studios
Mr. Wilson is skilled in coordination of multi-disciplinary teams of technical consultants toward completion of project designs. He has over 40 years' experience in the field of landscape architecture and planning and on a variety of projects with extensive experience in design and alteration of new and existing facilities. His responsibilities encompass the initial fieldwork, data gathering, site analysis and documentation, design, and construction observation. He has prepared master plans, visual studies, water conservation studies, and guidelines for parks, schools, and housing communities. He has been responsible for the preparation of landscape architectural designs that emphasize lower maintenance, compatible plant associations, accessibility for all, and re-use of sites and materials.

EDUCATION
University of California, Berkeley, CA
Bachelor of Landscape

CERTIFICATIONS
Disadvantaged Business Enterprise
Minority Business Enterprise
Women Business Enterprise

PROFESSIONAL AFFILIATIONS
Licensed Landscape Architect #1746
CLARB Registration
American Society of Landscape Architects
(ASLA), Member
276
Meghan Gibson Project Manager, Chambers Group
Meghan Gibson has more than ten years of experience providing environmental planning and policy services to public and private clients. She has experience managing both large- and small-scale projects that involved California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents. She is responsible for preparing CEQA documentation, including Initial Studies (ISs), Mitigated Negative Declarations (MNDs), and Environmental Impact Reports (EIRs). In addition to her CEQA experience, Meghan has prepared multiple joint CEQA/ NEPA documents, again, to both public and private clients.

She also has extensive experience preparing mitigation monitoring summary reports and compiling information from both survey and monitoring data.

EDUCATION
University of Southern California
MPP, Public Policy, Environmental Policy
University of Redlands
BS, Environmental Management

PROFESSIONAL TRAINING
AEP Advanced CEQA Workshop
AEP NEPA Essentials Workshop

RELEVANT PROJECTS
•
Fir
e Station 80, Initial Study/MND,
City of Fontana, CA
•
V
CWD Headquarters Facility, Initial
Study/MND, Valley County Water
District, Baldwin Park, CA
•
Or
ange Fire Station 1, Initial Study/
MND, City of Orange, CA
•
Heml
ock Booster Pump Station,
Initial Study/MND, Eastern
Municipal Water District (EMWD),
Moreno Valley, Riverside County, CA
•
Rinc
on (formerly Golden Triangle)
Development Project Initial Study/
MND, Chino Hills, CA
•
Hampshir
e Road Pipeline, California
Water Service, Thousand Oaks, CA
•

RD/HR T
ransmission Line Initial
Study, California Water Service,
Redondo Beach, CA
•
St
ation 27 Beresford Tanks-CEQA
Services, Los Angeles County
Department of Public Works, Los
Angeles County, CA
•
ELA St
ation 12 Reservoir 4A Tank
Project, Initial Study, Commerce,
Los Angeles County, CA

REFERENCES
Mr. Micael Hofflinger, Senior Planner
City of Chino Hills
(909) 364-2777
[email protected]
Mr. Dale Gonzales, Director of
Environmental Affairs
California Water Service Company
(408) 367-8324
[email protected]
Mr. Timotheus Hampton, Senior Water
Resources Engineer
City of Pomona
(909) 802-7420
[email protected]
277
Jason D. Hertzberg Principal Engineer, Leighton Consulting Mr. Hertzberg has 18 years of experience in various areas of roadway, transportation, public works, water, wastewater, and residential developments throughout the High Desert and other areas of San Bernardino and Riverside Counties. He has performed geotechnical investigations from the most preliminary stages through site investigation, laboratory testing, data analysis, and report preparation for various types of civil facilities, including large-scale public works, roadways, transportation, commercial, and industrial developments. Mr. Hertzberg’s areas of expertise include seismic and liquefaction hazards analysis, foundation design, soil reinforcement, slope stability analysis, and the use of computer applications for geotechnical engineering.

His experience provides a comprehensive understanding of the design and construction process, and the civil and geotechnical aspects of projects related to infrastructure, and public facilities. Mr. Hertzberg has worked in collaboration with design teams, and understands the necessity of the working relationship to meet the project’s goals. Jason manages engineering staff and is responsible for review of geotechnical engineering analyses, laboratory testing, and quality control.

He is practiced in geotechnical site investigations, shallow and deep foundation design, buttress and structural landslide mitigation, seismic hazard evaluations and mitigation design, grading control, ground improvement, pavement design, and forensic evaluations.

EDUCATION
M.S., Civil Engineering, with
specialization in Geotechnical
Engineering, California State University,
Long Beach, 2004
B.S., Civil Engineering, California State
Polytechnic University, Pomona, 1997

REGISTRATIONS
California Registered Geotechnical
Engineer – 2711
California Registered Civil Engineer –
61778

FIRE STATIONS
•
Cos
ta Mesa Fire Station 1
•
City of Indus
try East End Fire Station
•
R
ancho Cucamonga Fire Station 172
•
F
ullerton Fire Station 7
•
Chino Fir
e Station 63
•
F
ontana Fire Station 71
•
T
emescal Public Safety Facility
•
V
erdemont Fire Station
•
Needl
es Fire Station No. 31
•
Ont
ario Fire Station 9
•
Gr
and Crossing Fire Station
•
Or
ange Fire Station 2
•
Or
ange Fire Station 1
•
Manhatt
an Beach Fire Station 2
•
Ne
wport Beach Fire Station 2
•
Mont
erey Park Fire Station 62
•
Ne
wport Beach Fire Station 5
278
Eric R. Shamp Principal, Ecotype Consulting
Eric is the principal and founder of Ecotype Consulting. He is a licensed architect, and has dedicated his career to the practice of sustainable design and development for the past fifteen years. He founded Ecotype Consulting to respond to the ever-increasing demand for green building consulting, green and energy code compliance, and commissioning in California.

Eric provides organizations with the unique expertise necessary to plan, design, build, certify, and occupy environmentally responsible and energy efficient green buildings. His prime directive is to optimize the communication effort between project stakeholders, ensure adherence to project sustainability goals, and take responsibility for the necessary calculations, documentation, and technical analyses that can often distract the project team from their critical tasks.

EDUCATION
Rice University
Bachelor of Architecture/Art History

LICENSES AND CERTIFICATIONS
California Architect C29013, since 2003
Accredited Lighting Acceptance Test
Technician TC-A814192
National Council of Architectural
Registration Boards (NCARB)
ASHRAE-certified Commissioning Process
Management Professional (CPMP)
LEED Accredited Professional BD+C, since
2003
Member, American Institute of Architects
(AIA)
Member, US Green Building Council
Member, ASHRAE
Member, Construction Specifications
Institute (CSI)
Member, California Association of Building
Energy Consultants (CABEC)

PROJECT EXPERIENCE
San Bernardino County Joshua Tree Office Building (Bob Burke Government Center)
This facility houses county services and a sheriff’s office for the community of Joshua Tree, just outside the entrance to Joshua Tree National Park. The project features a 157 kW photovoltaic array that offsets approximately 70% of the building’s energy consumption. Ecotype provided LEED consulting, energy modeling, and limited commissioning services.

Inland Empire Transportation Management Center
The IETMC houses CalTrans and California Highway Patrol operations, and provides intermodal, interregional, interagency traffic management in the Inland Empire. The facility is base-isolated, and is designed to comply with the Essential Services Act.

Ecotype Consulting worked with RC Construction Services to coordinate, track, and document LEED compliance during construction.

Norco Operations Center
The Norco Operations Center was part of the RCCD Measure C bond measure, and was designed and built to consolidate maintenance and operations facilities, network operations, and warehousing into one building. The design process included early-phase full-team design workshops, in which sustainability goals were determined, design solutions and alternates were proposed, and systems were integrated.

East Campus Central Utilities Plant
The UC San Diego Medical Center is constructing a new nine-story Bed Tower connected to its existing Thornton Hospital in La Jolla, CA. The central utilities plant, formerly located in the basement of Thornton, had to be relocated to make way for the new configuration, and to be expanded to serve the entire East Campus. 279
Ming Guan Senior Engineer, KOA
Ms. Guan has 11 years of experience with work in civil, traffic and highway design.

Ms. Guan is an integral part of many KOA projects which have involved traffic engineering design for roadway improvements, traffic signal designs, ramp metering, signing and striping, and traffic control plans. She has completed a number of roadway and traffic signal design projects for a number of agencies. She has hands-on experience in completing PS&E packages. She is also an adjunct professor at Cal Poly Pomona teaching Computer Programing, Traffic Engineer, Highway Engineering and Advanced Highway Engineering for the Civil Engineering Department since 2008.

EDUCATION
Cal State Polytechnic University, Pomona
Master of Science in Civil Engineering
Bachelor of Science in Civil Engineering

REGISTRATIONS
Professional Engineer, Civil, CA#75793
Professional Engineer, Traffic, CA#2795

FIRE STATIONS
•
Cos
ta Mesa Fire Station 1
•
San Diego Fir
e Station 45
•
North V
alley Fire Station 7
•
Bonsall Fir
e Station 5
•
V
an Nuys Fire Station 39
•
Eas
tvale Fire Station 2
•
La Quint
a Fire Station
•
Thousand P
alms Fire Station
•
R
ancho Cucamonga FS 5

MUNICIPAL
•
I-10 On-R
amp Improvements,
Colton
•
I-215 T
raffic Signal, San Bernardino
•
T
raffic Signal System, Redlands
•
T
raffic Signal and Interconnect
Design, Rancho Cucamonga
•
T
raffic Signals and Street
Improvement, Fontana

REFERENCES
Victor Ortiz, City Engineer
City of Colton
(909) 370-5065
[email protected]
Noel Castillo, Engineering Manager
City of Fontana
(909) 350-7632
[email protected]

Azzam Jabsheh, Associate Engineer
City of Rialto
(909) 820-2525
[email protected]
Mahmoud Khodr, Traffic Engineer
City of San Bernardino
(909) 384-7251
[email protected]
280
K. Anthony Hoover Principal, MCH
Mr. Hoover brings over thirty-six years of experience and has served as principal acoustical consultant on over 1,900 projects involving all building types in all areas of architectural acoustics, noise and vibration control, sound system design, HVAC and environmental noise control. He is experienced with a broad range of federal and civic administrative facilties. He serves as a working committee member on the ANSI’s Classroom Acoustics Standard, and among his peers, he is recognized as one of the key leaders in the industry.

EDUCATION
M.S. Acoustics, Pennsylvania State
University, 1981
B.A. American Studies,
University of Notre Dame, 1976

PROFESSIONAL AFFILIATIONS
Nat’l Council of Acoustical
Consultants: President, Board of
Directors
Acoustical Society of America:

Fellow (elected 2003), Chairman-
Technical Committee on
Architectural Acoustics (2001-2004),
Chairman-College of Fellows
Institute of Noise Control
Engineering: Member
(1982-present), Board Certified
Audio Engineering Society: Member
Greater Boston/ASA: Chairman
Los Angeles/ASA: Board of Directors
Boston Architectural Center: Adjunct
Faculty and Thesis Advisor
American Federation of Teachers:

Member Berklee College of Music:

Assistant Professor

HIGHLIGHTED EXPERIENCE
•
Coachella W
ater Dist. Admin. Facility, Palm Desert, CA
•
El Mont
e Transit Station, El Monte, CA
•
Go
v. Deukmejian Superior Courthouse, Long Beach, CA
•
Sacr
amento Convention Center Renovation, Peer Review, CA
•
C
A Military Consolidated Headquarters/EOC Center, Sacramento, CA •
Kaiser P
ermanente, Medical Building, Ventura, CA
•
Maric
opa County Court Tower, Phoenix, AZ
•
John Adams Courthouse, Bos
ton, MA
•
Pima County Joint Court
s Complex, Tucson, AZ
•
Donohue F
ederal Building & US Courthouse, Worcester, MA
•
Ol
d San Juan Courthouse & Post Office, San Juan, Puerto Rico •
US Dis
trict Courthouse Renovation, Providence, RI
•
F
enton Judicial Center, Lowell, MA
•
Geor
ge C. Young US Courthouse & Annex, Orlando, FL
•
Salt Riv
er Pima- Maricopa Indian Tribal Court Facility, Scottsdale, AZ •
Bose Corpor
ate World Headquarters, Framingham, MA
•
EMC Briefing Cent
er, Hopkinton, MA
•
As
tra Pharmaceuticals Teleconference Rooms, Worcester, MA •
Ophthalmol
ogic Microscope Relocation, Portland, ME
•
Mas
sachusetts General Hospital, Wellman Research Center, Boston, MA •
Ne
wton-Wellesley Hospital, MRI Center, Newton, MA
•
MIT
, Health Services Building, Cambridge, MA
•
Rhode Island Bl
ood Center, Providence, RI
•
Ballis
tic Test Laboratories, Watertown, MA
281
References
The following are some specific references for our firm. PBK-WLC takes great pride in not only the facilities we help create but the relationships that develop with many County, City, Fire, and Law Enforcement representatives.

ORANGE COUNTY FIRE AUTHORITY
Mr. Steve Chambers, Property Manager (R)
Orange County Fire Authority
Phone: (714) 720-4499
Email: [email protected]
Mr. Chris DeCoursey, Construction Mgr.

Orange County Fire Authority
Phone: (714) 573-6473
Email: [email protected]

SAN MARCOS FIRE DEPARTMENT
Mr. Brett Van Wey, Fire Chief (R)
San Marcos Fire Department
Phone: (760) 594-4700
Email: [email protected]
Mr. Todd Newman, Fire Chief (R)
San Marcos Fire Department
Phone: (760) 594-4704
Email: [email protected]
Mr. Greg Woolf, Division Chief (R)
San Marcos Fire Department
Phone: (760) 594-4705
Email: [email protected]

CHINO VALLEY FIRE DISTRICT
Mr. Luke Nurre, Fire Fighter (R)
Chino Valley Independent Fire District
Phone: (909) 907-0166
Email: [email protected]
Mr. Scott Atkinson, Deputy Chief (R)
Chino Valley Fire District
Phone: (909) 816-7682
[email protected]

FREMONT FIRE DEPARTMENT
Mr. Mike Avila, Fire Captain (R)
Fremont Fire Department
Phone: (925) 683-1802
Email: [email protected]

POWAY FIRE DEPARTMENT
Mr. Jon Canavan, Fire Chief (R)
Poway Fire Department
Phone: (858) 735-4925
Email: [email protected]

CITY OF ESCONDIDO
Ms. Joyce Masterson, Asst. City Manager (R)
City of Escondido
Phone: (760) 715-8407
Email: [email protected]

CITY OF CARLSBAD
Mr. Terry L. Smith, Senior Civil Engineer (R)
City of Carlsbad
Phone: (760) 613-8205
Email: [email protected]

CARLSBAD FIRE DEPARTMENT
Mr. Chris Lawrence, Captain (R)
Carlsbad Fire Department
Phone: (760) 415-4679
Email: [email protected]

ONTARIO FIRE DEPARTMENT
Mr. Michael Pelletier, Deputy Chief (R)
Ontario Fire Department
Phone: (909) 229-3333
Email: [email protected]

SAN BERNARDINO COUNTY FIRE
Mr. Terry Welsh, Division Chief (R)
San Bernardino County Fire Department
Phone: (760) 954-7779
Email: [email protected]
Mr. Bryant O'Hara, Battalion Chief
San Bernardino County Fire Department
Phone: (909) 387-5974
Email: [email protected]

CITY OF CHINO
Mr. Michael A. Kolling, Project Manager (R)
City of Chino
Phone: (909) 664-6220
Email: [email protected]
Ms. Carolyn Baltzer, Project Manager
City of Chino
Phone: (909) 627-7577
Email: [email protected]

MURRIETA FIRE & RESCUE
Mr. Mike Lopez, Deputy Fire Chief
Murrieta Fire & Rescue
Phone: (760) 212-2569
Email: [email protected]

COUNTY OF RIVERSIDE
Ms. Anna E. Rodriguez, Project Manager
County of Riverside, EDA
Phone: (760) 863-2537
Email: [email protected]
Ms. Leah Rodriguez, Project Manager
County of Riverside, EDA
Phone: (760) 863-2534
Email: [email protected]
NORTH COUNTY FIRE PROTECTION DIST.

Mr. Steve Marovich, Battalion Commander (R)
North County Fire Protection District
Phone: (760) 497-2215
Email: [email protected]

CITY OF FONTANA
Ms. Kimberly Young, Senior Civil Engineer
City of Fontana
Phone: (909) 350-7600
Email: [email protected]
Mr. Weldon Babino, Project Manager (R)
City of Fontana
Phone: (909) 855-6201
Email: [email protected]

LOS ANGELES WORLD AIRPORTS
Mr. Robert Falcon, Chief Airports Engineer
Facilities Management Program
Phone: (424) 646-5973
Email: [email protected]

CITY OF MONTCLAIR
Mr. Noel Castillo, Public Works Director
City of Montclair
Phone: (909) 626-8571
Email: [email protected]
282

CITY OF LA VERNE
Mr. Chad Peterson, Recreation Coordinator
City of La Verne
Phone: (909) 596-8700
Email: [email protected]

CITY OF COSTA MESA
Mr. Arash Rahimian, Associate Engineer
City of Costa Mesa
Phone: (714) 754-5069
Email: [email protected]

ANAHEIM FIRE & RESCUE
Mr. Mike Molloy, Deputy Chief
Anaheim Fire & Rescue
Phone: (714) 900-0769
Email: [email protected]

CITY OF LOS ANGELES
Mr. Curt Klafta, Battalion Chief (R)
Los Angeles Fire Department
Phone: (805) 300-3256
Email: [email protected]

CITY OF PASADENA
Mr. Dale Torstenbo, Project Manager (R)
City of Pasadena
Phone: (626) 484-5640
Email: [email protected]

CITY OF HESPERIA
Mr. David R. Burkett, Project Manager
City of Hesperia
Phone: (760) 947-1202
Email: [email protected]

CITY OF SAN DIEGO
Ms. Rowaida Jadan, Project Manager
City of San Diego
Phone: (619) 533-6655
Email: [email protected]

SAN DIEGO FIRE DEPARTMENT
Mr. Kevin Ester, Assistant Fire Chief
San Diego Fire-Rescue Department
Phone: (858) 573-1359
Email: [email protected]

CITY OF SAN MARCOS
Mr. Paul Malone, City Manager (R)
City of San Marcos
Phone: (760) 802-2487
Email: [email protected]

MONTEREY PARK FIRE DEPARTMENT
Mr. Matthew Hallock, Fire Chief
Monterey Park Fire Department
Phone: (626) 476-2226
Email: [email protected]

SANTA MONICA FIRE DEPARTMENT
Mr. Jim Hone, Fire Chief (R)
Santa Monica Fire Department
Phone: (310) 749-3523
Email: [email protected]

DEPARTMENT OF GENERAL SERVICES
Mr. Michael Siemering, Project Director
Department of General Services
Phone: (916) 376-5000
Email: [email protected]

CITY OF MANHATTAN BEACH
Mr. Mamerto Estepa, Associate Engineer (R)
City of Manhattan Beach
Phone: (805) 407-6352
Email: [email protected]

MANHATTAN BEACH FIRE DEPARTMENT
Mr. Mike Boyd, Battalion Chief (R)
Manhattan Beach Fire Department
Phone: (714) 318-9811
Email: [email protected]

ORANGE CITY FIRE DEPARTMENT
Mr. Robert Stefano, Deputy Chief
Orange City Fire Department
Phone: (949) 533-2049
Email: [email protected]
Mr. Matt Nelson, Administrative Captain
Orange City Fire Department
Phone: (714) 388-2500
Email: [email protected]

NEWPORT BEACH FIRE DEPARTMENT
Mr. Jim Boland, Captain
Newport Beach Fire Department
Phone: (714) 915-4896
Email: [email protected]

CITY OF NEWPORT BEACH
Mr. Mark Vukojevic, Public Works Director
City of Newport Beach
Phone: (949) 644-3319
Email: [email protected]
Mr. Peter Tauscher, Project Engineer
City of Newport Beach
Phone: (949) 644-3316
Email: [email protected]

COSTA MESA FIRE DEPARTMENT
Mr. Tim Vasin, Battalion Chief
Costa Mesa Fire Department
Phone: (714) 754-5204
Email: [email protected]
Mr. Jason Pyle, Division Chief
Costa Mesa Fire Department
Phone: (714) 754-5069
Email: [email protected]

FOUNTAIN VALLEY FIRE DEPARTMENT
Mr. Ron Cookston, Battalion Chief
Fountain Valley Fire Department
Phone: (714) 593-4549
Email: [email protected]

HUNTINGTON BEACH FIRE DEPARTMENT
Mr. Scott Haberle, Fire Chief
Huntington Beach Fire Department
Phone: (626) 705-4095
Email: [email protected]

VALLEY COUNTY WATER DISTRICT
Mr. Jose Martinez, General Manager
Valley County Water District
Phone: (909) 973-9553
Email: [email protected]

USGVM WATER DISTRICT
Mr. Tom Love, General Manager
USGVM Water District
Phone: (626) 443-2297
Email: [email protected]

CITY OF ONTARIO
Mr. Dan Beers, Project Manager
City of Ontario
Phone: (909) 395-2806
Email: [email protected]

BIG BEAR LAKE WATER DISTRICT
Mr. Reggie Lamson, General Manager
City of Big Bear Lake
Phone: (909) 866-5050
Email: [email protected]

CONTRACTORS
Mr. Nathan Complin, Project Executive
Erickson-Hall Construction Co.

Phone: (760) 801-4284
Email: [email protected]
Mr. Robert Kelley
Keeton Construction
Phone: (951) 970-0776
Email: [email protected]
Mr. Michael Villegas, Vice President
SafeworkCM
Phone: (909) 361-8533
Email: [email protected]
Mr. Jon Wollam, Construction Manager
RC Construction Services
Phone: (909) 772-2654
Email: [email protected]
Mr. Bryan Aylor, Director of Construction
TELACU Construction Management
Phone: (714) 541-2390
Email: [email protected]
283
284
Section Tab 2: Project
T eam and Experience
WHY WLC?
“WLC was a fantastic firm to work with. They listened to every word I had to say and delivered the perfect design on the first try - which was exactly what I was looking for.”
Curt Klafta, Battalion Chief
Fire Station 39 - Van Nuys
Los Angeles Fire Department
285

RANCHO CUCAMONGA
8163 Rochester Avenue, Suite 100
Rancho Cucamonga, CA 91730
909.987.0909

ORANGE COUNTY
600 Anton Boulevard, Suite 1375
Costa Mesa, CA 92626
949.548.5000

SAN DIEGO
11455 El Camino Real, Suite 480
San Diego, CA 92130
619.695.0400

SAN LUIS OBISPO
1327 Archer Street, Suite 110
San Luis Obispo, CA 93401
805.329.3076

VENTURA COUNTY
2751 Park View Court, Suite 251
Oxnard, CA 93036
805.947.3200

BERKELEY
2600 Tenth Street, Suite 700
Berkeley, CA 94710
510.450.1999
FOLSOM
1110 Iron Point Road, Suite 200
Folsom, CA 95630
916.355.9922
FRESNO
7790 North Palm Avenue, Suite 300
Fresno, CA 93711
559.448.8400

SACRAMENTO
2520 Venture Oaks Way, Suite 440
Sacramento, CA 95833
916.682.9494
286

EXHIBIT C FEE SCHEDULE
287

January 31, 2022
Mr. Arash Rahimian, PE
Senior Engineer
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628-1200
Re: Revised Fee Proposal
Costa Mesa Fire Station 2
Project W2109300AR.06
Dear Mr. Rahimian:

Thank you for selecting PBK-WLC for the design of Fire Station 2. We are very excited about working with both the City and Fire Department again. Attached please find our Revised Fee Proposal. I believe it covers all of the items discussed at our meeting last week.

Mr. Rahimian, thank you again for this opportunity. If you should have any questions or require any additional information, please do not hesitate to contact me at any time.

Very truly yours,

KELLEY NEEDHAM, AIA
Managing Partner
KN:br/P0W2109300ARx1-ltr
Attachment: Revised Fee Proposal

288
Revised Fee Proposal
Your contract with PBK-WLC will mark a purposeful investment in your facilities. We are here to make sure that you consider that investment to be a good one, with significant returns. PBK-WLC is extremely flexible when it comes to the fee structure that best suits each new commission. We want the City and Fire Department to feel that you are getting both a quality architectural product and excellent professional services at a fair market price.

In an effort to better define our fee proposal, we have broken it down into the following components:

A. Basic Architectural Fee
B. Project Specific Fees
C. Total Fee
D. Reimbursables
E. Items Excluded
F. Hourly Rate Schedule
A description of each component is as follows:

A. BASIC ARCHITECTURAL FEE
Our fee for basic architectural services will be a fixed lump sum and includes the following disciplines:
• Civil Engineering
•A r c h i t e c t u r a l D e s i g n
• Structural Engineering
• Mechanical Engineering
• Electrical Engineering
• Landscape Architecture
Our fee includes all building and site improvements, circulation areas, parking areas, and landscaping. For the purposes of establishing a fee, we have assumed a project with a preliminary construction budget of $6,500,000.00.

PHASE OF SERVICE FEE
Schematic Design $ 73,125.00
Design Development 48,750.00
Construction Documents 243,750.00
Bidding 24,375.00
Construction Administration 97,500.00
TOTAL BASIC ARCHITECTURAL FEE $ 487,500.00
Costa Mesa Fire Station 2 Page 1
289
B. PROJECT SPECIFIC FEES
The following items are unique to each project and not typically found in the basic scope of architectural services. Based on our experience and interpretation of the information available, we believe the following services will also be required:

TASK
Topographical Survey $ 10,000.00
Geotechnical Investigation 14,000.00
Traffic Engineering 24,000.00
LEED Certification 59,000.00
Fundamental Commissioning 16,000.00
Hazardous Material Survey 2,500.00
SWPPP 3,000.00
Constructability Review 5,000.00
Utility Survey 5,000.00
Soil Remediation 24,000.00
Acoustical Analysis 10,000.00
Site Wall Design 5,000.00
Sound Barrier Design 5,000.00
Reimbursable Allowance for Agency Permit Fees 50,000.00 TOTAL PROJECT SPECIFIC FEE $ 232,500.00
C. TOTAL FEE
The following is the total of all fees along with an allowance for reimbursables:

SERVICE
Basic Architectural Fee $ 487,500.00
Project Specific Fees 232,500.00
Reimbursable Allowance 10,000.00
TOTAL FEE $ 730,000.00
Costa Mesa Fire Station 2 Page 2
290
D. REIMBURSABLES
Items required or requested by the City, Fire Department, or approving agency will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following:

1. Bulk paper copy.

2. Printing/Mylars.

3. Express or overnight mail/courier service.

4. Agency permit fees.

The City will not incur any cost for travel, travel time, phone calls, faxes, or incidental printing or copying.

E. ITEMS EXCLUDED
The following is a list of items which are excluded from our scope of services or are not anticipated to be required. However, these services can be included, if requested, or once additional information is known:

1. Plan Check/Permit Fees.

2. Professionally Constructed Building Models.

3. Energy Modeling.

4. Shoring Design.

5. Arborist/Biologist Reports.

6. Construction Surveying/Staking.

7. Cone Penetration Testing.

8. QSP services during construction.

9. QSD services during construction.

10. Radius maps, mailing lists and public hearing signage.

11. Traffic control plans.

12. County, State, Title Company and Utility Purveyor Fees.

13. Soil Management or Agronomy Reports.

14. Services related to an Underground Parking Structure.

15. Preparation of a Record of Survey map or corner record as required by the City or County.

16. Services related to the undergrounding of overhead utility lines, or the relocation/replacement of poles, along the street or alley frontages.

17. Foundation System: Our fee assumes typical spre ad footings in average soil conditions. Any other type of foundation system required as a result of poor soil conditions would not be considered within our scope of work.

18. Separate street improvement drawings.

19. Environmental documentation or studies.

Costa Mesa Fire Station 2 Page 3
291
F. HOURLY RATE SCHEDULE
For additional services, the following hourly rate s are proposed for the basis of negotiating scope modifications which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will be negotiated at the time additional services are requested.

ARCHITECT
Principals of Firm $255.00
Associate/Director/Coordinator $225.00
Senior Project Architect/Manager $205.00
Project Architect/Manager $175.00
Design Studio $125.00
Clerical $105.00

CIVIL ENGINEER
Principal $185.00
Project Manager $150.00
Project Surveyor $120.00
Design Engineer $100.00
Draftsperson $ 75.00
Project Assistant $ 60.00

STRUCTURAL ENGINEER
Principal Engineer $175.00
Project Engineer $150.00
Chief Draftsman $110.00
Draftsman $ 90.00
Technical Support $ 75.00

ELECTRICAL ENGINEER
Principal $175.00
Project Manager $135.00
Project Engineer $125.00
Designer $ 95.00
Designer/CADD Technician $ 90.00
Jr. Designer/CADD Technician $ 80.00
CADD Technician/Drafter $ 70.00
Technical Support $ 50.00

MECHANICAL ENGINEER
Principal $225.00
Associate Principal $205.00
Senior Project Manager $195.00
Project Manager $185.00
Senior Project Engineer $170.00
Project Engineer $150.00
Senior Design Engineer $135.00
Design Engineer $125.00
Senior Designer $115.00
Designer $105.00
CADD Designer $100.00
CADD Technician $ 80.00
Administrative $ 75.00
Technical Support $ 65.00

LANDSCAPE ARCHITECT
Principal Architect $165.00
Associate Architect $140.00
Architect/Project Manager $125.00
Job Captain/Designer $110.00
CADD Technician $ 95.00
Draftsperson $ 80.00
Technical Support $ 65.00

ENVIRONMENTAL ENGINEER
Senior Director $225.00
Program Manager $200.00
Senior Project Manager $165.00
Project Manager $140.00
Project Assistant $ 82.00
Technical Support $ 62.00

TRAFFIC ENGINEER
Principal $248.00
Senior Engineer $198.00
Senior Associate Engineer $137.00
Associate Engineer $110.00
Technical Support $ 94.00
Costa Mesa Fire Station 2 Page 4
292

EXHIBIT D CITY COUNCIL POLICY 100-5
293

CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY
BACKGROUND Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa’s commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 1 of 3 294

SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 2 of 3 1. The dangers of drug abuse in the workplace; 2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 295

SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 3 of 3 G. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub-grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law. 296
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-563 Meeting Date: 2/15/2022
TITLE:

THIRD PUBLIC HEARING REGARDING THE REDISTRICTING PROCESS USING THE OFFICIAL 2020 CENSUS DATA
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK (714) 754-5221 RECOMMENDATION:

Staff recommends the City Council:

1. Conduct the third public hearing to receive additional public input on communities of interest, district boundaries, and draft maps.

2. Consider and discuss draft maps submitted to the City by the public and by NDC.

3. Select a draft map to be considered for first reading at the March 1, 2022 City Council meeting and second reading and adoption at the March 15, 2022 meeting.

BACKGROUND:

Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal populations. The redistricting process for the City of Costa Mesa must be completed by April 17, 2022.

On April 6, 2021, the City Council selected National Demographics Corporation (NDC) for the demographics analysis of census data and to engage the public in the redistricting process.

In November 2016, Ordinance 16-05 was approved by the voters, which amended the City’smethod of electing members to the City Council, commencing in November 2018. Pursuant to the approved Ordinance the City is currently divided into 6 geographic districts, with a Mayor elected by voters citywide. The districts must now be evaluated using the 2020 census data, and in compliance with the Fair Maps Act, which was adopted by the California Legislature as AB 849 and took effect January 1, 2020.

Under the Act, the council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c) for general law cities):

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File #: 21-563 Meeting Date: 2/15/2022

1. Comply with the federal requirements of equal population and the federal Voting Rights Act.

2. Geographically contiguous.

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together).

4. Easily identifiable boundaries.

5. Compact (do not bypass one group of people to get to a more distant group of people).

6. Shall not favor or discriminate against a political party.

Once the above prioritized criteria are met, other traditional districting principles may be considered, such as:

1. Minimize the number of voters delayed from voting due to a change of their district.

2. Respect voters’ choices / continuity in office.

3. Future population growth.

By law, the City must hold at least four public hearings that enable community members to provide input on the redistricting process. The process involves the following requirements:
· One hearing must occur before the City draws draft maps (10/19/2021). · Two hearings must happen after the drawing of draft maps (11/16/21 & 2/15/22). · Third Public Hearing to discuss and select final map (2/15//2022). · Fourth Public Hearing and Introduction of Ordinance for final map selected (3/1/2022). · Second reading and adoption of Ordinance approving final map (3/15/2022).

Public workshops were conducted to seek public input on suggested criteria for consideration on drafting district maps. Workshops were held on the following dates:
· Saturday, October 23, 2021, 10:00 a.m. at the Norma Hertzog Community Center · Wednesday, December 1, 2021, 6:00 p.m. at the City Hall Community Room · Saturday, January 8, 2022, 10:00 a.m. via Zoom Webinar.

In addition, the City has a dedicated webpage that includes online mapping tools and an Interactive Review Map. The draft district maps are posted on the webpage at:

Redistrict Costa Mesa <https://redistrictcostamesa.org/> ANALYSIS:

Draft Maps
The first set of draft district maps were presented to the City Council at the Public Hearing of November 16, 2021. The first set of maps included seven (7) public submittals and three (3) prepared by the City’sdemographer, based on the legal criteria outlined in previous public hearings and communities of interest as provided by the community. Prior to the January 8, 2022 workshop an additional three public maps were submitted by the public. After the workshop one additional map (Map 115) was prepared by NDC for consideration.

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File #: 21-563 Meeting Date: 2/15/2022
Map Submittals
Map Number Submitter Population Balanced Note
Current No (11.5%)
101 David Martinez No (10.5%) Replaced by #111
102 Andy Godinez Yes
103 Anonymous No (32.7%)
104 Matt Eimers No (12.7%)
105 Matt Eimers Yes
106 Matt Eimers Yes
107 Anonymous Yes Correction of #103
108 NDC Yes
109 NDC Yes
110 NDC Yes
111 David Martinez Yes Replaced #101
112 David Martinez Yes
113 David Martinez Yes
114 David Martinez Yes
115 NDC Yes
All presentation materials and public testimony received, as well as audio recording of each community meeting, are posted to the City’sredistricting website. Outreach and engagement efforts continued throughout the process to encourage community input and participation, announcement of community meetings/public hearing opportunities, and accessibility to mapping tools.

The February 15, 2022 Public Hearing will provide the City Council the opportunity to receive public input on all draft maps, receive and file oral and written testimony from the prior community meetings and public hearings, and consider selection of one map to be prepared for first reading at the March 1, 2022 City Council meeting. The second reading and adoption of the Ordinance approving a final map is scheduled for the March 15, 2022 City Council meeting.

Pursuant to California Election Code, the process must be completed and the adoption of the new boundary map must occur by April 17, 2022, which will be utilized in the November 2022 General Municipal Election.

ALTERNATIVES:

The City Council may discuss and select specific draft maps for additional public review and input.

Staff does not recommend this alternative because a map must be adopted prior to the final deadline of April 17, 2022.

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File #: 21-563 Meeting Date: 2/15/2022
FISCAL REVIEW:

The City Clerk’s budget includes sufficient funding to cover the estimated redistricting cost of $80,000.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and approved it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Staff recommends the City Council:

1. Conduct the third public hearing to receive additional public input on communities of interest, district boundaries, and draft maps.

2. Consider and discuss draft maps submitted to the City by the public and by NDC.

3. Select a draft map to be considered for first reading at the March 1, 2022 City Council meeting and second reading and adoption at the March 15, 2022 meeting.

300
1 3
5 2
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Ca
rlton Pl
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Or
ange Ave
Victoria St
Tanager Dr
M
eyer Pl
Placentia Ave
Pomo
na Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 102
©2021 CALIPER
301
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 18,692 18,817 18,398 18, 595 18,838 18,797 112,137 Deviation from ideal 3 128 -292 -95 149 108 440
% Deviation 0.01% 0.68% -1.56% -0.51% 0.79% 0.58% 2.35% % Hisp 24% 31% 32% 76% 40% 16% 36%
% NH White 56% 44% 53% 17% 48% 72% 48%
% NH Black 2% 2% 1% 1% 2% 1% 2%
% Asian-American 14% 18% 10% 5% 7% 6% 10%
Total 13,938 14,126 12,466 8, 077 12,063 14,283 74,953
% Hisp 17% 21% 18% 56% 27% 12% 23%
% NH White 67% 51% 69% 35% 63% 80% 63%
% NH Black 3% 5% 2% 1% 2% 1% 2%
% Asian/Pac.Isl. 12% 21% 10% 7% 8% 6% 11%
Total 12,073 10,475 10,567 6, 387 10,277 12,818 62,597
% Latino est. 15% 22% 19% 51% 23% 10% 21%
% Spanish-Surnamed 14% 20% 17% 47% 21% 9% 19%
% Asian-Surnamed 7% 10% 5% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 75% 62% 74% 46% 71% 85% 71%
% NH Black 2% 6% 2% 1% 2% 2% 2%
Total 7,879 5,916 6,277 3,240 6,251 8,194 37,757
% Latino est. 12% 18% 15% 48% 20% 8% 17%
% Spanish-Surnamed 11% 17% 14% 44% 18% 8% 16%
% Asian-Surnamed 6% 9% 4% 4% 3% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 80% 67% 78% 48% 74% 86% 75%
% NH Black 2% 6% 1% 1% 2% 2% 2%
Total 10,613 8,816 9,086 5, 008 8,808 11,403 53,734
% Latino est. 14% 21% 17% 49% 21% 9% 19%
% Spanish-Surnamed 13% 19% 16% 44% 19% 9% 18%
% Asian-Surnamed 7% 10% 5% 5% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 76% 63% 75% 48% 73% 85% 73%
% NH Black est. 2% 6% 2% 1% 2% 2% 2%
ACS Pop. Est. Total 19,182 18,960 17,597 19, 915 18,413 19,158 113,224 age0-19 22% 17% 22% 32% 22% 22% 23%
age20-60 56% 71% 60% 59% 62% 61% 61%
age60plus 22% 12% 18% 9% 16% 18% 16%
immigrants 19% 26% 24% 42% 27% 12% 25%
naturalized 56% 60% 52% 24% 37% 56% 44%
english 70% 61% 67% 26% 59% 84% 61%
spanish 16% 18% 23% 69% 35% 10% 29%
asian-lang 8% 13% 6% 3% 3% 3% 6%
other lang 5% 7% 4% 2% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 10% 12% 12% 32% 18% 4% 15%
hs-grad 40% 37% 39% 39% 40% 34% 38%
bachelor 29% 32% 29% 13% 24% 37% 28%
graduatedegree 15% 13% 12% 5% 12% 17% 13%
Child in Household child-under18 29% 22% 27% 48% 29% 28% 30% Pct of Pop. Age 16+ employed 67% 79% 72% 70% 72% 75% 73% income 0-25k 11% 9% 12% 19% 14% 11% 12%
income 25-50k 15% 11% 18% 23% 16% 12% 15%
income 50-75k 15% 17% 14% 22% 17% 13% 16%
income 75-200k 42% 54% 44% 30% 43% 45% 44%
income 200k-plus 16% 9% 12% 6% 11% 19% 12%
single family 56% 31% 53% 37% 54% 64% 50%
multi-family 44% 69% 47% 63% 46% 36% 50%
rented 50% 75% 59% 79% 56% 55% 62%
owned 50% 25% 41% 21% 44% 45% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 102
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
302
2 5
1 3
6 4
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
Costa Mesa Golf Course
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Smalley Rd
Gisler Ave
Ca
rlton Pl
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Or
ange Ave
Victoria St
Tanager Dr
M
eyer Pl
Placentia Ave
Pomo
na Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 103
©2021 CALIPER
303
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 15,659 17,515 17,012 21, 775 20,336 19,840 112,137 Deviation from ideal -3,031 -1,175 -1,678 3,086 1,647 1,151 6,116 % Deviation -16.21% -6.28% -8.98% 16.51% 8.81% 6.16% 32.72% % Hisp 22% 27% 36% 73% 36% 17% 36%
% NH White 61% 46% 45% 19% 52% 72% 48%
% NH Black 2% 2% 2% 1% 2% 1% 2%
% Asian-American 11% 21% 13% 6% 7% 7% 10%
Total 11,097 13,230 11,804 10, 193 14,015 14,613 74,953 % Hisp 14% 22% 19% 51% 25% 12% 23%
% NH White 75% 49% 64% 36% 64% 81% 63%
% NH Black 0% 6% 3% 2% 2% 1% 2%
% Asian/Pac.Isl. 10% 21% 13% 9% 8% 5% 11%
Total 10,666 10,372 9,061 7, 613 11,724 13,161 62,597
% Latino est. 13% 20% 22% 49% 21% 10% 21%
% Spanish-Surnamed 12% 18% 21% 44% 19% 9% 19%
% Asian-Surnamed 5% 13% 6% 5% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 82% 61% 69% 46% 72% 85% 71%
% NH Black 0% 6% 3% 2% 3% 1% 2%
Total 7,272 5,916 5,226 3,822 7,133 8,388 37,757
% Latino est. 10% 16% 17% 46% 18% 9% 17%
% Spanish-Surnamed 10% 15% 16% 42% 17% 8% 16%
% Asian-Surnamed 4% 11% 5% 4% 3% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 85% 66% 74% 48% 74% 87% 75%
% NH Black 0% 6% 3% 3% 3% 1% 2%
Total 9,546 8,820 7,644 5, 956 10,074 11,694 53,734
% Latino est. 12% 19% 21% 46% 20% 10% 19%
% Spanish-Surnamed 11% 17% 19% 42% 18% 9% 18%
% Asian-Surnamed 5% 12% 6% 5% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 83% 62% 70% 48% 73% 86% 73%
% NH Black est. 0% 6% 3% 2% 3% 1% 2%
ACS Pop. Est. Total 15,260 17,988 16,538 23, 652 20,115 19,671 113,224 age0-19 24% 18% 19% 31% 21% 22% 23%
age20-60 56% 68% 65% 59% 63% 59% 61%
age60plus 21% 15% 15% 10% 16% 19% 16%
immigrants 18% 26% 26% 39% 25% 12% 25%
naturalized 59% 58% 53% 26% 38% 60% 44%
english 77% 60% 63% 28% 64% 85% 61%
spanish 11% 18% 25% 66% 30% 10% 29%
asian-lang 5% 16% 6% 3% 3% 3% 6%
other lang 6% 5% 6% 3% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 7% 12% 14% 32% 15% 5% 15%
hs-grad 37% 37% 37% 42% 39% 36% 38%
bachelor 32% 33% 29% 13% 27% 33% 28%
graduatedegree 15% 14% 11% 5% 13% 18% 13%
Child in Household child-under18 31% 22% 23% 46% 28% 28% 30% Pct of Pop. Age 16+ employed 67% 75% 75% 71% 73% 74% 73% income 0-25k 7% 11% 12% 18% 13% 13% 12%
income 25-50k 14% 9% 20% 23% 16% 12% 15%
income 50-75k 13% 17% 15% 22% 16% 13% 16%
income 75-200k 46% 53% 45% 30% 44% 44% 44%
income 200k-plus 20% 10% 9% 6% 12% 18% 12%
single family 69% 37% 38% 32% 56% 65% 50%
multi-family 31% 63% 62% 68% 44% 35% 50%
rented 40% 67% 69% 82% 57% 54% 62%
owned 60% 33% 31% 18% 43% 46% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 103
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
304
2 1
5 6
3 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Ca
rlton Pl
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Or
ange Ave
Victoria St
M
eyer Pl
Placentia Ave
Pomo
na Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 104
©2021 CALIPER
305
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 19,476 18,445 18,723 20, 067 17,700 17,726 112,137 Deviation from ideal 787 -245 34 1,378 -990 -964 2,367
% Deviation 4.21% -1.31% 0.18% 7.37% -5.29% -5.16% 12.66% % Hisp 27% 33% 29% 68% 33% 26% 36%
% NH White 53% 44% 57% 23% 52% 64% 48%
% NH Black 2% 2% 2% 1% 2% 1% 2%
% Asian-American 15% 18% 8% 6% 9% 6% 10%
Total 14,591 12,833 13,482 9, 474 12,416 12,156 74,953
% Hisp 17% 24% 17% 48% 24% 15% 23%
% NH White 66% 48% 72% 43% 63% 78% 63%
% NH Black 3% 5% 1% 1% 3% 2% 2%
% Asian/Pac.Isl. 14% 22% 8% 6% 10% 5% 11%
Total 12,518 10,126 11,030 7, 660 10,246 11,017 62,597
% Latino est. 17% 22% 17% 44% 20% 13% 21%
% Spanish-Surnamed 16% 20% 16% 40% 19% 12% 19%
% Asian-Surnamed 7% 11% 3% 5% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 74% 61% 78% 53% 73% 81% 71%
% NH Black 2% 5% 1% 1% 2% 3% 2%
Total 8,087 5,758 6,848 3,978 6,327 6,759 37,757
% Latino est. 13% 18% 15% 40% 17% 10% 17%
% Spanish-Surnamed 12% 17% 14% 37% 16% 10% 16%
% Asian-Surnamed 5% 10% 3% 4% 4% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 79% 66% 81% 55% 76% 83% 75%
% NH Black 2% 5% 1% 1% 3% 2% 2%
Total 10,966 8,585 9,639 6,102 8,770 9,672 53,734
% Latino est. 15% 20% 16% 41% 19% 12% 19%
% Spanish-Surnamed 14% 18% 15% 37% 17% 11% 18%
% Asian-Surnamed 7% 11% 4% 5% 5% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 75% 63% 79% 55% 75% 81% 73%
% NH Black est. 2% 5% 1% 1% 2% 3% 2%
ACS Pop. Est. Total 20,096 18,108 18,824 20, 860 17,444 17,892 113,224 age0-19 22% 20% 22% 30% 20% 23% 23%
age20-60 60% 67% 60% 60% 61% 62% 61%
age60plus 19% 14% 18% 10% 19% 15% 16%
immigrants 22% 28% 20% 40% 21% 17% 25%
naturalized 54% 60% 49% 26% 51% 36% 44%
english 70% 56% 71% 30% 68% 75% 61%
spanish 16% 24% 20% 64% 25% 21% 29%
asian-lang 9% 14% 5% 3% 2% 2% 6%
other lang 5% 6% 4% 3% 5% 2% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 10% 14% 11% 31% 13% 9% 15%
hs-grad 38% 35% 39% 40% 42% 35% 38%
bachelor 28% 33% 29% 14% 26% 35% 28%
graduatedegree 16% 13% 15% 7% 11% 14% 13%
Child in Household child-under18 28% 24% 27% 44% 26% 31% 30% Pct of Pop. Age 16+ employed 72% 75% 75% 71% 70% 74% 73% income 0-25k 10% 10% 12% 18% 13% 12% 12%
income 25-50k 14% 12% 15% 21% 17% 15% 15%
income 50-75k 13% 17% 14% 21% 19% 13% 16%
income 75-200k 46% 52% 46% 33% 41% 43% 44%
income 200k-plus 17% 10% 14% 6% 10% 17% 12%
single family 61% 37% 53% 37% 49% 59% 50%
multi-family 39% 63% 47% 63% 51% 41% 50%
rented 47% 69% 56% 79% 61% 60% 62%
owned 53% 31% 44% 21% 39% 40% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 104
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
306
1 2
3 5
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gisler Ave
Ca
rlton Pl
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
22nd St
Or
ange Ave
Victoria St
Tanager Dr
M
eyer Pl
Placentia Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 105
©2021 CALIPER
307
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 18,813 19,266 18,831 18, 583 17,967 18,677 112,137 Deviation from ideal 124 577 142 -107 -723 -13 1,299
% Deviation 0.66% 3.08% 0.76% -0.57% -3.87% -0.07% 6.95% % Hisp 24% 28% 41% 68% 41% 17% 36%
% NH White 58% 47% 42% 23% 49% 72% 48%
% NH Black 2% 2% 2% 1% 1% 1% 2%
% Asian-American 12% 20% 11% 6% 6% 7% 10%
Total 13,662 14,425 12,585 8, 883 11,625 13,774 74,953
% Hisp 16% 22% 23% 49% 25% 12% 23%
% NH White 69% 50% 62% 43% 65% 80% 63%
% NH Black 2% 6% 3% 1% 2% 1% 2%
% Asian/Pac.Isl. 13% 20% 12% 6% 7% 5% 11%
Total 12,373 11,233 9,551 7, 164 9,838 12,438 62,597
% Latino est. 15% 20% 26% 43% 22% 10% 21%
% Spanish-Surnamed 14% 18% 23% 39% 20% 10% 19%
% Asian-Surnamed 5% 12% 5% 5% 3% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 79% 62% 67% 53% 71% 85% 71%
% NH Black 1% 6% 3% 1% 3% 1% 2%
Total 8,266 6,491 5,400 3,720 5,862 8,018 37,757
% Latino est. 11% 16% 21% 41% 18% 9% 17%
% Spanish-Surnamed 11% 15% 19% 37% 17% 8% 16%
% Asian-Surnamed 4% 10% 4% 4% 3% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 83% 66% 72% 55% 74% 87% 75%
% NH Black 1% 6% 3% 1% 3% 1% 2%
Total 10,962 9,582 8,013 5, 690 8,415 11,072 53,734
% Latino est. 13% 19% 24% 41% 20% 10% 19%
% Spanish-Surnamed 12% 17% 22% 37% 18% 9% 18%
% Asian-Surnamed 5% 12% 5% 5% 3% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 80% 63% 68% 55% 73% 86% 73%
% NH Black est. 1% 6% 3% 1% 3% 1% 2%
ACS Pop. Est. Total 18,720 19,775 18,372 19, 467 18,331 18,559 113,224 age0-19 23% 18% 20% 30% 23% 22% 23%
age20-60 56% 67% 66% 60% 62% 58% 61%
age60plus 21% 15% 14% 10% 15% 19% 16%
immigrants 18% 27% 28% 40% 24% 12% 25%
naturalized 59% 58% 47% 26% 33% 61% 44%
english 74% 60% 58% 30% 61% 85% 61%
spanish 14% 19% 31% 63% 35% 10% 29%
asian-lang 6% 16% 6% 3% 2% 3% 6%
other lang 6% 5% 5% 3% 2% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 8% 12% 16% 31% 16% 5% 15%
hs-grad 40% 37% 39% 41% 36% 36% 38%
bachelor 30% 32% 28% 14% 27% 32% 28%
graduatedegree 14% 14% 10% 7% 12% 19% 13%
Child in Household child-under18 30% 23% 24% 43% 32% 29% 30% Pct of Pop. Age 16+ employed 67% 75% 76% 71% 73% 74% 73% income 0-25k 9% 11% 12% 18% 13% 13% 12%
income 25-50k 15% 10% 19% 21% 17% 12% 15%
income 50-75k 14% 16% 15% 21% 17% 13% 16%
income 75-200k 43% 53% 45% 34% 42% 44% 44%
income 200k-plus 18% 11% 8% 6% 12% 18% 12%
single family 62% 39% 33% 37% 58% 67% 50%
multi-family 38% 61% 67% 63% 42% 33% 50%
rented 47% 65% 73% 79% 59% 52% 62%
owned 53% 35% 27% 21% 41% 48% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 105
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
308
2 1
3 5
6 4
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
Costa Mesa Golf Course
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Ca
rlton Pl
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Pomona Ave
Tanager Dr
M
eyer Pl
Placentia Ave
Orange Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 106
©2021 CALIPER
309
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 19,386 18,285 18,034 18, 438 19,383 18,611 112,137 Deviation from ideal 697 -405 -656 -252 694 -79 1,352
% Deviation 3.73% -2.16% -3.51% -1.35% 3.71% -0.42% 7.23% % Hisp 27% 24% 38% 64% 37% 28% 36%
% NH White 57% 51% 42% 26% 53% 60% 48%
% NH Black 2% 2% 2% 1% 1% 1% 2%
% Asian-American 10% 19% 14% 6% 6% 7% 10%
Total 14,216 14,155 12,268 9, 524 12,037 12,753 74,953
% Hisp 20% 19% 22% 44% 18% 19% 23%
% NH White 67% 54% 59% 46% 75% 72% 63%
% NH Black 2% 5% 3% 1% 1% 1% 2%
% Asian/Pac.Isl. 9% 21% 15% 6% 5% 7% 11%
Total 12,386 11,463 9,477 7, 385 10,833 11,053 62,597
% Latino est. 17% 18% 23% 41% 18% 16% 21%
% Spanish-Surnamed 15% 16% 21% 37% 16% 15% 19%
% Asian-Surnamed 4% 11% 8% 4% 3% 4% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 78% 66% 66% 55% 76% 79% 71%
% NH Black 2% 5% 3% 1% 2% 1% 2%
Total 8,235 6,805 5,521 4,017 6,306 6,873 37,757
% Latino est. 14% 15% 18% 37% 14% 14% 17%
% Spanish-Surnamed 13% 14% 17% 34% 13% 13% 16%
% Asian-Surnamed 4% 8% 7% 3% 3% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 81% 71% 72% 59% 79% 81% 75%
% NH Black 2% 5% 3% 1% 2% 1% 2%
Total 10,893 9,885 7,978 5,973 9,332 9,673 53,734
% Latino est. 15% 17% 21% 38% 16% 15% 19%
% Spanish-Surnamed 14% 16% 19% 35% 15% 14% 18%
% Asian-Surnamed 4% 10% 8% 5% 3% 4% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 79% 67% 68% 57% 77% 80% 73%
% NH Black est. 2% 5% 3% 1% 2% 1% 2%
ACS Pop. Est. Total 19,161 19,020 17,899 19, 235 19,312 18,598 113,224 age0-19 21% 18% 21% 29% 23% 24% 23%
age20-60 58% 67% 65% 60% 62% 58% 61%
age60plus 21% 15% 14% 11% 15% 18% 16%
immigrants 16% 25% 28% 37% 25% 19% 25%
naturalized 61% 59% 53% 29% 27% 48% 44%
english 73% 64% 60% 34% 65% 71% 61%
spanish 18% 14% 27% 59% 31% 22% 29%
asian-lang 3% 15% 8% 4% 1% 4% 6%
other lang 5% 7% 5% 3% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 8% 11% 15% 29% 16% 11% 15%
hs-grad 40% 36% 39% 41% 35% 38% 38%
bachelor 29% 34% 26% 17% 31% 27% 28%
graduatedegree 14% 15% 11% 6% 13% 17% 13%
Child in Household child-under18 28% 23% 28% 39% 31% 31% 30% Pct of Pop. Age 16+ employed 68% 75% 75% 71% 73% 74% 73% income 0-25k 9% 11% 11% 15% 15% 14% 12%
income 25-50k 15% 9% 19% 20% 17% 16% 15%
income 50-75k 16% 16% 16% 20% 16% 13% 16%
income 75-200k 43% 53% 46% 38% 40% 42% 44%
income 200k-plus 16% 12% 9% 8% 13% 15% 12%
single family 60% 42% 44% 40% 52% 57% 50%
multi-family 40% 58% 56% 60% 48% 43% 50%
rented 49% 63% 65% 75% 65% 56% 62%
owned 51% 37% 35% 25% 35% 44% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 106
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
310
1 2
5 3
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Ca
rlton Pl
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Or
ange Ave
Victoria St
Tanager Dr
M
eyer Pl
Placentia Ave
Pomo
na Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 107
©2021 CALIPER
311
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 18,692 18,597 18,573 18, 811 18,667 18,797 112,137 Deviation from ideal 3 -93 -117 122 -23 108 238
% Deviation 0.01% -0.49% -0.62% 0.65% -0.12% 0.58% 1.27% % Hisp 24% 31% 34% 73% 40% 16% 36%
% NH White 56% 45% 51% 19% 47% 72% 48%
% NH Black 2% 2% 1% 1% 2% 1% 2%
% Asian-American 14% 18% 10% 5% 8% 6% 10%
Total 13,938 13,802 12,848 8, 478 11,603 14,283 74,953
% Hisp 17% 21% 20% 53% 26% 12% 23%
% NH White 67% 52% 66% 37% 65% 80% 63%
% NH Black 3% 5% 2% 1% 2% 1% 2%
% Asian/Pac.Isl. 12% 20% 12% 7% 6% 6% 11%
Total 12,073 10,520 10,246 6, 614 10,326 12,818 62,597
% Latino est. 15% 22% 19% 48% 24% 10% 21%
% Spanish-Surnamed 14% 20% 18% 43% 22% 9% 19%
% Asian-Surnamed 7% 10% 5% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 75% 62% 74% 49% 70% 85% 71%
% NH Black 2% 6% 1% 1% 2% 2% 2%
Total 7,879 5,845 6,198 3,388 6,253 8,194 37,757
% Latino est. 12% 18% 16% 45% 21% 8% 17%
% Spanish-Surnamed 11% 17% 15% 41% 19% 8% 16%
% Asian-Surnamed 6% 9% 5% 3% 4% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 80% 67% 78% 51% 73% 86% 75%
% NH Black 2% 6% 1% 1% 2% 2% 2%
Total 10,613 8,848 8,815 5, 211 8,844 11,403 53,734
% Latino est. 14% 21% 18% 45% 23% 9% 19%
% Spanish-Surnamed 13% 19% 16% 41% 21% 9% 18%
% Asian-Surnamed 7% 10% 6% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 76% 63% 75% 52% 71% 85% 73%
% NH Black est. 2% 6% 1% 1% 2% 2% 2%
ACS Pop. Est. Total 19,182 18,495 18,480 20, 306 17,604 19,158 113,224 age0-19 22% 17% 22% 31% 23% 22% 23%
age20-60 56% 71% 60% 60% 61% 61% 61%
age60plus 22% 12% 18% 10% 16% 18% 16%
immigrants 19% 26% 25% 40% 28% 12% 25%
naturalized 56% 60% 50% 25% 36% 56% 44%
english 70% 62% 64% 28% 61% 84% 61%
spanish 16% 17% 25% 67% 35% 10% 29%
asian-lang 8% 13% 6% 3% 2% 3% 6%
other lang 5% 8% 4% 3% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 10% 12% 13% 32% 17% 4% 15%
hs-grad 40% 36% 40% 41% 39% 34% 38%
bachelor 29% 33% 28% 13% 25% 37% 28%
graduatedegree 15% 14% 12% 6% 12% 17% 13%
Child in Household child-under18 29% 21% 28% 47% 28% 28% 30% Pct of Pop. Age 16+ employed 67% 79% 72% 71% 72% 75% 73% income 0-25k 11% 10% 12% 18% 14% 11% 12%
income 25-50k 15% 11% 18% 22% 16% 12% 15%
income 50-75k 15% 17% 14% 21% 16% 13% 16%
income 75-200k 42% 54% 43% 32% 44% 45% 44%
income 200k-plus 16% 9% 12% 6% 10% 19% 12%
single family 56% 30% 55% 39% 52% 64% 50%
multi-family 44% 70% 45% 61% 48% 36% 50%
rented 50% 75% 57% 77% 59% 55% 62%
owned 50% 25% 43% 23% 41% 45% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 107
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
312
1 2
5 3
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Ca
rlton Pl
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Or
ange Ave
Victoria St
Tanager Dr
M
eyer Pl
Placentia Ave
Pomo
na Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 NDC Map 108
©2021 CALIPER
313
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 19,636 18,014 18,609 18, 907 18,479 18,492 112,137 Deviation from ideal 947 -676 -81 218 -211 -198 1,622
% Deviation 5.06% -3.61% -0.43% 1.16% -1.13% -1.06% 8.68% % Hisp 24% 32% 31% 77% 40% 16% 36%
% NH White 56% 44% 53% 16% 48% 73% 48%
% NH Black 2% 2% 2% 1% 2% 1% 2%
% Asian-American 14% 18% 11% 5% 7% 6% 10%
Total 14,607 12,845 13,368 8, 213 11,769 14,149 74,953
% Hisp 17% 22% 17% 56% 28% 11% 23%
% NH White 67% 49% 70% 34% 62% 80% 63%
% NH Black 3% 5% 2% 1% 2% 1% 2%
% Asian/Pac.Isl. 12% 22% 9% 7% 8% 6% 11%
Total 12,794 10,083 10,635 6, 184 10,419 12,482 62,597
% Latino est. 15% 22% 19% 53% 24% 9% 21%
% Spanish-Surnamed 14% 20% 17% 48% 22% 9% 19%
% Asian-Surnamed 7% 11% 5% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 76% 61% 75% 44% 69% 86% 71%
% NH Black 2% 6% 2% 1% 3% 1% 2%
Total 8,434 5,731 6,286 3,118 6,131 8,057 37,757
% Latino est. 11% 18% 15% 49% 21% 8% 17%
% Spanish-Surnamed 11% 17% 14% 45% 20% 8% 16%
% Asian-Surnamed 6% 9% 4% 4% 3% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 80% 66% 79% 47% 71% 87% 75%
% NH Black 2% 5% 2% 1% 3% 1% 2%
Total 11,294 8,520 9,108 4, 846 8,830 11,136 53,734
% Latino est. 14% 21% 17% 50% 22% 9% 19%
% Spanish-Surnamed 13% 19% 16% 45% 20% 9% 18%
% Asian-Surnamed 7% 11% 5% 5% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 77% 63% 76% 47% 70% 86% 73%
% NH Black est. 2% 6% 2% 1% 3% 1% 2%
ACS Pop. Est. Total 20,175 17,418 18,496 20, 612 17,591 18,932 113,224 age0-19 23% 18% 20% 32% 21% 22% 23%
age20-60 55% 70% 62% 59% 63% 61% 61%
age60plus 22% 12% 17% 9% 16% 18% 16%
immigrants 19% 26% 23% 41% 28% 12% 25%
naturalized 56% 60% 54% 25% 35% 59% 44%
english 71% 60% 69% 25% 59% 85% 61%
spanish 16% 19% 20% 70% 35% 10% 29%
asian-lang 8% 14% 5% 3% 3% 3% 6%
other lang 5% 7% 5% 2% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 9% 12% 12% 34% 18% 4% 15%
hs-grad 39% 37% 38% 40% 41% 34% 38%
bachelor 30% 32% 30% 13% 23% 37% 28%
graduatedegree 15% 13% 13% 5% 12% 17% 13%
Child in Household child-under18 29% 23% 25% 49% 28% 28% 30% Pct of Pop. Age 16+ employed 66% 78% 74% 71% 73% 75% 73% income 0-25k 11% 9% 13% 19% 14% 11% 12%
income 25-50k 15% 10% 18% 22% 17% 12% 15%
income 50-75k 15% 16% 15% 22% 16% 13% 16%
income 75-200k 42% 56% 42% 32% 42% 45% 44%
income 200k-plus 17% 9% 11% 5% 10% 19% 12%
single family 58% 34% 49% 36% 52% 64% 50%
multi-family 42% 66% 51% 64% 48% 36% 50%
rented 48% 72% 63% 80% 58% 55% 62%
owned 52% 28% 37% 20% 42% 45% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - NDC Map 108
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
314
1 2
3 5
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Or
ange Ave
Tanager Dr
M
aple St
M
eyer Pl
Placentia Ave
Pomo
na Ave
Adams Ave
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 NDC Map 109
©2021 CALIPER
315
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 18,650 18,924 19,116 18, 040 18,374 19,033 112,137 Deviation from ideal -40 235 427 -650 -316 344 1,076
% Deviation -0.21% 1.25% 2.28% -3.48% -1.69% 1.84% 5.76% % Hisp 26% 27% 39% 76% 37% 15% 36%
% NH White 58% 47% 43% 16% 51% 74% 48%
% NH Black 2% 2% 2% 1% 2% 1% 2%
% Asian-American 11% 19% 12% 4% 7% 6% 10%
Total 13,643 14,230 13,044 8, 130 11,446 14,461 74,953
% Hisp 18% 22% 22% 57% 23% 11% 23%
% NH White 69% 50% 62% 33% 68% 81% 63%
% NH Black 2% 5% 3% 1% 2% 1% 2%
% Asian/Pac.Isl. 11% 21% 12% 7% 7% 6% 11%
Total 12,124 11,400 10,059 5, 971 10,330 12,713 62,597
% Latino est. 15% 20% 24% 53% 20% 9% 21%
% Spanish-Surnamed 14% 18% 22% 49% 19% 9% 19%
% Asian-Surnamed 5% 12% 6% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 78% 63% 67% 44% 72% 86% 71%
% NH Black 1% 5% 3% 1% 3% 1% 2%
Total 8,026 6,715 5,751 3,075 5,858 8,332 37,757
% Latino est. 12% 16% 19% 49% 18% 8% 17%
% Spanish-Surnamed 11% 15% 18% 45% 16% 8% 16%
% Asian-Surnamed 4% 10% 5% 3% 4% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 82% 68% 72% 47% 74% 87% 75%
% NH Black 1% 5% 3% 1% 3% 1% 2%
Total 10,703 9,753 8,471 4, 703 8,743 11,361 53,734
% Latino est. 14% 19% 23% 50% 19% 9% 19%
% Spanish-Surnamed 13% 17% 21% 46% 17% 8% 18%
% Asian-Surnamed 5% 11% 6% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 80% 64% 69% 47% 73% 86% 73%
% NH Black est. 1% 5% 3% 1% 3% 1% 2%
ACS Pop. Est. Total 18,588 19,424 18,922 20, 072 17,058 19,160 113,224 age0-19 22% 19% 21% 32% 20% 23% 23%
age20-60 56% 67% 65% 58% 64% 58% 61%
age60plus 22% 14% 14% 9% 16% 19% 16%
immigrants 17% 27% 27% 41% 27% 11% 25%
naturalized 60% 58% 50% 25% 33% 63% 44%
english 74% 61% 60% 25% 62% 87% 61%
spanish 16% 17% 29% 70% 32% 8% 29%
asian-lang 4% 16% 6% 3% 3% 3% 6%
other lang 6% 6% 5% 2% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 8% 12% 15% 32% 18% 3% 15%
hs-grad 40% 38% 38% 39% 40% 35% 38%
bachelor 29% 32% 28% 13% 27% 35% 28%
graduatedegree 14% 14% 11% 5% 13% 19% 13%
Child in Household child-under18 29% 24% 25% 49% 27% 29% 30% Pct of Pop. Age 16+ employed 68% 75% 76% 70% 75% 73% 73% income 0-25k 10% 10% 12% 19% 14% 11% 12%
income 25-50k 15% 9% 19% 22% 18% 11% 15%
income 50-75k 16% 16% 15% 22% 16% 13% 16%
income 75-200k 43% 54% 45% 31% 42% 45% 44%
income 200k-plus 17% 11% 8% 6% 10% 20% 12%
single family 59% 42% 37% 38% 49% 70% 50%
multi-family 41% 58% 63% 62% 51% 30% 50%
rented 49% 64% 70% 78% 65% 49% 62%
owned 51% 36% 30% 22% 35% 51% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - NDC Map 109
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
316
1 2
5 3
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Ca
rlton Pl
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
22nd St
Or
ange Ave
Pomona Ave
Tanager Dr
M
aple St
M
eyer Pl
Placentia Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 NDC Map 110
©2021 CALIPER
317
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 17,880 19,506 18,889 18, 984 18,389 18,489 112,137 Deviation from ideal -810 817 200 295 -301 -201 1,626
% Deviation -4.33% 4.37% 1.07% 1.58% -1.61% -1.07% 8.70% % Hisp 22% 31% 41% 74% 33% 17% 36%
% NH White 59% 45% 44% 18% 54% 72% 48%
% NH Black 2% 2% 2% 1% 2% 1% 2%
% Asian-American 14% 18% 10% 5% 8% 6% 10%
Total 13,051 14,484 11,803 8, 933 12,948 13,733 74,953
% Hisp 15% 21% 23% 56% 20% 12% 23%
% NH White 71% 52% 62% 34% 67% 81% 63%
% NH Black 2% 5% 2% 1% 3% 1% 2%
% Asian/Pac.Isl. 11% 21% 11% 7% 9% 5% 11%
Total 12,030 10,916 9,875 6, 605 10,849 12,322 62,597
% Latino est. 13% 22% 24% 50% 18% 10% 21%
% Spanish-Surnamed 13% 20% 22% 46% 17% 10% 19%
% Asian-Surnamed 7% 10% 5% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 78% 62% 69% 47% 73% 86% 71%
% NH Black 1% 6% 2% 1% 4% 1% 2%
Total 8,022 6,068 5,866 3,463 6,332 8,006 37,757
% Latino est. 10% 18% 20% 46% 16% 9% 17%
% Spanish-Surnamed 10% 17% 18% 43% 15% 9% 16%
% Asian-Surnamed 6% 9% 5% 3% 4% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 82% 67% 74% 50% 75% 87% 75%
% NH Black 1% 5% 2% 1% 4% 1% 2%
Total 10,701 9,182 8,390 5, 248 9,225 10,988 53,734
% Latino est. 13% 21% 22% 47% 17% 10% 19%
% Spanish-Surnamed 12% 19% 21% 43% 16% 9% 18%
% Asian-Surnamed 7% 10% 5% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 79% 63% 71% 50% 74% 86% 73%
% NH Black est. 1% 6% 2% 1% 4% 1% 2%
ACS Pop. Est. Total 17,975 19,418 17,947 20, 901 18,532 18,450 113,224 age0-19 23% 17% 23% 31% 20% 23% 23%
age20-60 56% 71% 62% 60% 62% 58% 61%
age60plus 22% 12% 16% 9% 17% 19% 16%
immigrants 19% 26% 29% 40% 23% 12% 25%
naturalized 55% 60% 45% 26% 37% 62% 44%
english 74% 62% 57% 26% 68% 85% 61%
spanish 14% 18% 33% 69% 25% 10% 29%
asian-lang 8% 13% 6% 3% 3% 3% 6%
other lang 4% 7% 4% 3% 4% 2% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 8% 12% 17% 32% 13% 5% 15%
hs-grad 37% 37% 39% 41% 39% 37% 38%
bachelor 31% 32% 27% 12% 29% 32% 28%
graduatedegree 16% 13% 10% 5% 12% 19% 13%
Child in Household child-under18 29% 22% 28% 48% 26% 29% 30% Pct of Pop. Age 16+ employed 66% 79% 73% 70% 74% 73% 73% income 0-25k 10% 10% 12% 18% 15% 12% 12%
income 25-50k 13% 12% 21% 21% 16% 13% 15%
income 50-75k 14% 16% 14% 22% 17% 13% 16%
income 75-200k 45% 54% 43% 34% 41% 43% 44%
income 200k-plus 18% 9% 10% 6% 11% 19% 12%
single family 65% 31% 44% 41% 49% 69% 50%
multi-family 35% 69% 56% 59% 51% 31% 50%
rented 42% 75% 63% 75% 66% 49% 62%
owned 58% 25% 37% 25% 34% 51% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - NDC Map 110
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
318
2 3
1 5
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 73
55 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Smalley Rd
Gibraltar Ave
Ca
rlton Pl
Fair Dr
23rd St
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Or
ange Ave
Victoria St
Tanager Dr
M
eyer Pl
Placentia Ave
Pomo
na Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
Monrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa Ana Ave
E 18th St
Royal Palm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 111
©2021 CALIPER
319
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 19,259 17,515 18,749 19, 018 18,368 19,228 112,137 Deviation from ideal 570 -1,175 60 329 -322 539 1,744
% Deviation 3.05% -6.28% 0.32% 1.76% -1.72% 2.88% 9.33% % Hisp 26% 27% 33% 77% 40% 16% 36%
% NH White 56% 46% 50% 16% 48% 73% 48%
% NH Black 2% 2% 2% 1% 2% 1% 2%
% Asian-American 12% 21% 11% 5% 7% 6% 10%
Total 13,907 13,230 13,208 8, 244 11,738 14,626 74,953
% Hisp 15% 22% 19% 56% 28% 12% 23%
% NH White 72% 49% 65% 34% 62% 80% 63%
% NH Black 1% 6% 3% 1% 2% 1% 2%
% Asian/Pac.Isl. 10% 21% 12% 7% 8% 6% 11%
Total 12,361 10,372 10,338 6, 253 10,349 12,924 62,597
% Latino est. 16% 20% 20% 53% 23% 10% 21%
% Spanish-Surnamed 14% 18% 18% 48% 21% 9% 19%
% Asian-Surnamed 5% 13% 5% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 78% 61% 72% 44% 69% 86% 71%
% NH Black 1% 6% 2% 1% 3% 1% 2%
Total 8,037 5,916 6,233 3,153 6,095 8,323 37,757
% Latino est. 12% 16% 16% 49% 21% 8% 17%
% Spanish-Surnamed 11% 15% 15% 45% 19% 8% 16%
% Asian-Surnamed 4% 11% 5% 4% 3% 3% 5%
% Filipino-Surnamed 1% 1% 1% 3% 1% 1% 1%
% NH White est. 83% 66% 76% 47% 71% 87% 75%
% NH Black 1% 6% 2% 1% 3% 1% 2%
Total 10,879 8,820 8,842 4, 899 8,776 11,518 53,734
% Latino est. 14% 19% 18% 50% 22% 9% 19%
% Spanish-Surnamed 13% 17% 17% 45% 20% 9% 18%
% Asian-Surnamed 5% 12% 6% 5% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 80% 62% 74% 47% 70% 86% 73%
% NH Black est. 1% 6% 2% 1% 3% 1% 2%
ACS Pop. Est. Total 18,850 17,988 18,584 20, 710 17,493 19,599 113,224 age0-19 22% 18% 22% 32% 21% 22% 23%
age20-60 60% 68% 59% 59% 63% 61% 61%
age60plus 18% 15% 19% 9% 16% 17% 16%
immigrants 19% 26% 23% 41% 28% 12% 25%
naturalized 58% 58% 54% 25% 35% 58% 44%
english 75% 60% 64% 25% 59% 85% 61%
spanish 13% 18% 24% 70% 35% 10% 29%
asian-lang 5% 16% 6% 3% 3% 3% 6%
other lang 6% 5% 5% 2% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 8% 12% 13% 34% 17% 4% 15%
hs-grad 36% 37% 41% 40% 41% 34% 38%
bachelor 31% 33% 27% 13% 23% 36% 28%
graduatedegree 16% 14% 11% 5% 12% 17% 13%
Child in Household child-under18 27% 22% 28% 49% 28% 29% 30% Pct of Pop. Age 16+ employed 71% 75% 72% 71% 73% 75% 73% income 0-25k 9% 11% 13% 19% 14% 12% 12%
income 25-50k 15% 9% 19% 22% 17% 12% 15%
income 50-75k 14% 17% 15% 22% 16% 13% 16%
income 75-200k 46% 53% 41% 32% 43% 45% 44%
income 200k-plus 16% 10% 12% 5% 10% 19% 12%
single family 55% 37% 49% 36% 52% 65% 50%
multi-family 45% 63% 51% 64% 48% 35% 50%
rented 52% 67% 63% 80% 58% 54% 62%
owned 48% 33% 37% 20% 42% 46% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 111
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
320
2 1
3 5
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 55
73 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Mesa Verde Dr E
Carlton Pl
Fair Dr
23rd S
t
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Orange Ave
Victoria St
Tanager Dr
M
aple St
M
eyer Pl
Placent
ia Ave
Pomona Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
M
onrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa An
a Av
e
E 18th St
Royal Pa
lm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Iowa St
Fairview Rd
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 112
©2021 CALIPER
321
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 18,805 18,613 18,841 19, 018 18,368 18,492 112,137 Deviation from ideal 116 -77 152 329 -322 -198 650
% Deviation 0.62% -0.41% 0.81% 1.76% -1.72% -1.06% 3.48% % Hisp 26% 27% 32% 77% 40% 16% 36%
% NH White 56% 47% 52% 16% 48% 73% 48%
% NH Black 2% 2% 2% 1% 2% 1% 2%
% Asian-American 12% 20% 11% 5% 7% 6% 10%
Total 13,705 14,041 13,076 8, 244 11,738 14,149 74,953
% Hisp 16% 22% 19% 56% 28% 11% 23%
% NH White 71% 50% 67% 34% 62% 80% 63%
% NH Black 2% 6% 2% 1% 2% 1% 2%
% Asian/Pac.Isl. 10% 21% 12% 7% 8% 6% 11%
Total 11,926 11,114 10,472 6, 253 10,349 12,483 62,597
% Latino est. 16% 20% 19% 53% 23% 9% 21%
% Spanish-Surnamed 15% 18% 18% 48% 21% 9% 19%
% Asian-Surnamed 5% 12% 5% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 78% 62% 73% 44% 69% 86% 71%
% NH Black 2% 6% 2% 1% 3% 1% 2%
Total 7,713 6,428 6,310 3,153 6,095 8,058 37,757
% Latino est. 12% 16% 16% 49% 21% 8% 17%
% Spanish-Surnamed 11% 15% 15% 45% 19% 8% 16%
% Asian-Surnamed 4% 10% 5% 4% 3% 3% 5%
% Filipino-Surnamed 1% 1% 1% 3% 1% 1% 1%
% NH White est. 82% 67% 77% 47% 71% 87% 75%
% NH Black 2% 6% 2% 1% 3% 1% 2%
Total 10,471 9,482 8,969 4, 899 8,776 11,137 53,734
% Latino est. 14% 19% 18% 50% 22% 9% 19%
% Spanish-Surnamed 13% 17% 17% 45% 20% 9% 18%
% Asian-Surnamed 5% 12% 5% 5% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 79% 63% 75% 47% 70% 86% 73%
% NH Black est. 2% 6% 2% 1% 3% 1% 2%
ACS Pop. Est. Total 18,511 19,132 18,445 20, 710 17,493 18,932 113,224 age0-19 21% 18% 22% 32% 21% 22% 23%
age20-60 60% 67% 59% 59% 63% 61% 61%
age60plus 19% 14% 19% 9% 16% 18% 16%
immigrants 19% 26% 23% 41% 28% 12% 25%
naturalized 59% 58% 54% 25% 35% 59% 44%
english 74% 61% 66% 25% 59% 85% 61%
spanish 15% 17% 23% 70% 35% 10% 29%
asian-lang 5% 16% 6% 3% 3% 3% 6%
other lang 7% 6% 5% 2% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 8% 12% 12% 34% 17% 4% 15%
hs-grad 37% 37% 41% 40% 41% 34% 38%
bachelor 31% 33% 28% 13% 23% 37% 28%
graduatedegree 15% 14% 12% 5% 12% 17% 13%
Child in Household child-under18 27% 23% 28% 49% 28% 28% 30% Pct of Pop. Age 16+ employed 70% 75% 72% 71% 73% 75% 73% income 0-25k 10% 11% 12% 19% 14% 11% 12%
income 25-50k 16% 9% 19% 22% 17% 12% 15%
income 50-75k 15% 16% 15% 22% 16% 13% 16%
income 75-200k 44% 53% 42% 32% 43% 45% 44%
income 200k-plus 15% 11% 12% 5% 10% 19% 12%
single family 51% 39% 52% 36% 52% 64% 50%
multi-family 49% 61% 48% 64% 48% 36% 50%
rented 56% 66% 60% 80% 58% 55% 62%
owned 44% 34% 40% 20% 42% 45% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 112
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
322
2 3
1 5
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 55
73 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Mesa Verde Dr E
Carlton Pl
Fair Dr
23rd S
t
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Orange Ave
Victoria St
Tanager Dr
M
aple St
M
eyer Pl
Placent
ia Ave
Pomona Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
M
onrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa An
a Av
e
E 18th St
Royal Pa
lm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Iowa St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 113
©2021 CALIPER
323
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 18,854 18,502 17,914 18, 848 19,154 18,865 112,137 Deviation from ideal 165 -188 -776 159 465 176 1,240
% Deviation 0.88% -1.00% -4.15% 0.85% 2.49% 0.94% 6.63% % Hisp 31% 26% 36% 65% 43% 17% 36%
% NH White 52% 51% 42% 26% 47% 72% 48%
% NH Black 2% 2% 2% 1% 1% 1% 2%
% Asian-American 11% 16% 16% 6% 6% 7% 10%
Total 13,983 13,466 12,262 9, 917 11,555 13,769 74,953
% Hisp 19% 18% 24% 48% 24% 11% 23%
% NH White 67% 60% 52% 42% 67% 81% 63%
% NH Black 3% 5% 3% 1% 2% 1% 2%
% Asian/Pac.Isl. 9% 17% 20% 8% 6% 5% 11%
Total 10,798 11,362 10,050 7, 721 10,170 12,496 62,597
% Latino est. 20% 18% 22% 41% 22% 10% 21%
% Spanish-Surnamed 18% 16% 20% 37% 20% 9% 19%
% Asian-Surnamed 5% 8% 10% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 73% 70% 65% 55% 71% 85% 71%
% NH Black 3% 4% 3% 1% 3% 1% 2%
Total 6,490 7,140 5,931 4,286 5,934 7,976 37,757
% Latino est. 16% 13% 18% 38% 18% 9% 17%
% Spanish-Surnamed 14% 13% 17% 34% 17% 9% 16%
% Asian-Surnamed 4% 6% 9% 3% 3% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 78% 76% 69% 59% 74% 86% 75%
% NH Black 2% 4% 3% 1% 3% 1% 2%
Total 9,255 9,902 8,563 6,274 8,648 11,092 53,734
% Latino est. 18% 16% 20% 38% 20% 10% 19%
% Spanish-Surnamed 17% 15% 19% 35% 19% 9% 18%
% Asian-Surnamed 5% 8% 10% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 75% 71% 66% 58% 72% 86% 73%
% NH Black est. 3% 4% 3% 1% 3% 1% 2%
ACS Pop. Est. Total 19,167 18,999 17,435 20, 013 18,888 18,721 113,224 age0-19 20% 21% 21% 29% 24% 23% 23%
age20-60 61% 64% 63% 61% 62% 58% 61%
age60plus 19% 15% 15% 11% 15% 19% 16%
immigrants 20% 23% 29% 37% 27% 13% 25%
naturalized 55% 52% 57% 30% 28% 59% 44%
english 68% 67% 56% 35% 59% 84% 61%
spanish 21% 15% 28% 59% 37% 10% 29%
asian-lang 5% 12% 11% 3% 2% 3% 6%
other lang 6% 6% 5% 3% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 11% 10% 17% 28% 19% 5% 15%
hs-grad 43% 34% 38% 42% 36% 36% 38%
bachelor 29% 33% 28% 15% 27% 33% 28%
graduatedegree 11% 17% 10% 7% 13% 18% 13%
Child in Household child-under18 25% 27% 27% 41% 32% 29% 30% Pct of Pop. Age 16+ employed 70% 75% 74% 72% 72% 73% 73% income 0-25k 12% 10% 10% 15% 15% 13% 12%
income 25-50k 20% 11% 12% 17% 19% 13% 15%
income 50-75k 15% 13% 18% 21% 16% 13% 16%
income 75-200k 41% 49% 52% 40% 38% 43% 44%
income 200k-plus 11% 16% 8% 7% 12% 18% 12%
single family 38% 48% 48% 45% 53% 66% 50%
multi-family 62% 52% 52% 55% 47% 34% 50%
rented 67% 58% 60% 71% 63% 52% 62%
owned 33% 42% 40% 29% 37% 48% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 113
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
324
1 5
3 2
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 55
73 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Mesa Verde Dr E
Carlton Pl
Fair Dr
23rd S
t
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Orange Ave
Victoria St
Tanager Dr
M
aple St
M
eyer Pl
Placent
ia Ave
Pomona Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
Fairview Rd
M
onrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa An
a Av
e
E 18th St
Royal Pa
lm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Iowa St
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 Public Map 114
©2021 CALIPER
325
D i s t r i c t 1 23456 T o t a l
2020 2020 Est. Total Pop 18,742 18,644 18,889 17, 736 19,449 18,677 112,137 Deviation from ideal 53 -46 200 -954 760 -13 1,713
% Deviation 0.28% -0.24% 1.07% -5.10% 4.06% -0.07% 9.17% % Hisp 22% 31% 41% 57% 51% 17% 36%
% NH White 53% 50% 44% 33% 38% 72% 48%
% NH Black 2% 2% 2% 1% 2% 1% 2%
% Asian-American 19% 13% 10% 6% 6% 7% 10%
Total 14,513 13,023 11,803 10, 466 11,374 13,774 74,953 % Hisp 18% 19% 23% 39% 32% 12% 23%
% NH White 57% 65% 62% 52% 56% 80% 63%
% NH Black 5% 2% 2% 1% 3% 1% 2%
% Asian/Pac.Isl. 18% 14% 11% 7% 9% 5% 11%
Total 11,991 10,955 9,876 7, 990 9,349 12,436 62,597
% Latino est. 16% 19% 24% 34% 28% 10% 21%
% Spanish-Surnamed 15% 18% 22% 31% 26% 10% 19%
% Asian-Surnamed 10% 7% 5% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 68% 72% 69% 60% 65% 85% 71%
% NH Black 5% 2% 2% 3% 3% 1% 2%
Total 7,287 6,803 5,867 4,368 5,416 8,016 37,757
% Latino est. 13% 14% 20% 30% 24% 9% 17%
% Spanish-Surnamed 12% 13% 18% 27% 23% 8% 16%
% Asian-Surnamed 8% 6% 5% 3% 3% 3% 5%
% Filipino-Surnamed 1% 1% 1% 2% 1% 1% 1%
% NH White est. 73% 78% 74% 64% 68% 87% 75%
% NH Black 5% 1% 2% 3% 3% 1% 2%
Total 10,435 9,448 8,391 6, 583 7,807 11,070 53,734
% Latino est. 15% 18% 22% 31% 26% 10% 19%
% Spanish-Surnamed 14% 16% 21% 28% 24% 9% 18%
% Asian-Surnamed 10% 7% 5% 4% 4% 3% 6%
% Filipino-Surnamed 1% 1% 1% 1% 1% 1% 1%
% NH White est. 69% 74% 71% 62% 67% 86% 73%
% NH Black est. 5% 2% 2% 3% 3% 1% 2%
ACS Pop. Est. Total 19,421 17,972 17,947 20, 009 19,316 18,559 113,224 age0-19 18% 21% 23% 29% 24% 22% 23%
age20-60 65% 63% 62% 60% 61% 58% 61%
age60plus 17% 16% 16% 11% 15% 19% 16%
immigrants 24% 21% 29% 34% 29% 12% 25%
naturalized 58% 58% 45% 29% 31% 61% 44%
english 67% 69% 57% 41% 51% 85% 61%
spanish 14% 18% 33% 52% 44% 10% 29%
asian-lang 14% 8% 6% 3% 2% 3% 6%
other lang 6% 6% 4% 4% 3% 3% 4%
Language Fluency Speaks Eng. "Less
than Very Well" 10% 10% 17% 25% 21% 5% 15%
hs-grad 34% 40% 39% 38% 42% 36% 38%
bachelor 37% 26% 27% 22% 19% 32% 28%
graduatedegree 15% 15% 10% 8% 10% 19% 13%
Child in Household child-under18 22% 28% 28% 38% 34% 29% 30% Pct of Pop. Age 16+ employed 74% 72% 73% 73% 70% 74% 73% income 0-25k 11% 9% 12% 15% 16% 13% 12%
income 25-50k 9% 16% 21% 15% 21% 12% 15%
income 50-75k 16% 14% 14% 19% 19% 13% 16%
income 75-200k 51% 49% 43% 41% 35% 44% 44%
income 200k-plus 14% 12% 10% 10% 9% 18% 12%
single family 43% 50% 44% 45% 48% 67% 50%
multi-family 57% 50% 56% 55% 52% 33% 50%
rented 60% 59% 63% 73% 65% 52% 62%
owned 40% 41% 37% 27% 35% 48% 38%
Total population data from the 2020 Decennial Census adjusted by the State of California. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Popu lation Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Imm igration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Costa Mesa - Public Map 114
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)
326
1 2
5 3
6 4
Costa Mesa Golf Course
Orange Coast Colg
Mesa Verde Golf Course
Vanguard Univ.

Whittier Law Schl
John Wayne Airp
405
405
55 55
73 55
Sakioka Dr
W Wilson St
College Dr
Bristol St
Baker St
Smalley Rd
Gibraltar Ave
Mesa Verde Dr E
Carlton Pl
Fair Dr
23rd S
t
Junipero Dr
Arlington Dr
Monte Vista Ave
E 21st St
22nd St
Orange Ave
Victoria St
Tanager Dr
M
aple St
M
eyer Pl
Placent
ia Ave
Pomona Ave
Adams Ave
Clubhouse Rd
W
hittier Ave
Swan Dr
M
onrovia Ave
W 17th St
E 20th St
W Bay St
E 16th St
E 19th St
Tustin Ave
Santa An
a Av
e
E 18th St
Royal Pa
lm Dr
Harbor Blvd
Bear St
S Coast Dr
California St
Iowa St
Fairview Rd
Anton Blvd
South Coast
Plaza
OC Fairgrounds
Talbert Reg. Park
Costa Mesa
Redistricting 2021 NDC Map 115
©2021 CALIPER
327
NDC Map 115
District 1
Total Pop 18,524
Deviation from ideal -166
% Deviation -0.89%
% Hisp 22.4%
% NH White 58%
% NH Black 2%
% Asian-American 14%
Total 13,660
% Hisp 16%
% NH White 70%
% NH Black 2%
% Asian/Pac.Isl. 11%
Total 12,337
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 7%
% Filipino-Surnamed 1%
% NH White est. 77%
% NH Black 2%
Total 10,955
% Latino est. 13%
% Spanish-Surnamed 12%
% Asian-Surnamed 7%
% Filipino-Surnamed 1%
% NH White est. 78%
% NH Black 2%
Total 8,210
% Latino est. 11%
% Spanish-Surnamed 10%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 81%
% NH Black est. 2%
ACS Pop. Est. Total 18,780
age0-19 23%
age20-60 56%
age60plus 22%
immigrants 20%
naturalized 56%
english 73%
spanish 14%
asian-lang 8%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 9%
hs-grad 38%
bachelor 31%
graduatedegree 16%
Child in Household child-under18 29%
Pct of Pop. Age 16+ employed 66%
income 0-25k 11%
income 25-50k 14%
income 50-75k 14%
income 75-200k 44%
income 200k-plus 18%
single family 62%
multi-family 38%
rented 45%
owned 55%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. 2 19,209
519

2.78%
31%
44%
2%
18%
14,200
21%
51%
5%
21%
10,733
22%
20%
11%
1%
62%
6%
9,032
21%
19%
10%
1%
63%
6%
5,982
18%
17%
9%
1%
67%
5%
19,050
17%
71%
12%
26%
60%
61%
18%
13%
8%
12%
37%
32%
14%
22%
79%
10%
11%
17%
54%
9%
31%
69%
75%
25%
3 18,526
-164
-0.88%
32%
52%
2%
10%
12,961
19%
67%
2%
11%
10,442
19%
18%
5%
1%
74%
2%
8,935
18%
17%
5%
1%
75%
2%
6,259
16%
15%
4%
1%
78%
2%
18,259
22%
59%
19%
23%
54%
67%
23%
6%
5%
12%
40%
28%
12%
27%
72%
12%
19%
15%
42%
12%
52%
48%
61%
39%
4 18,907
217

1.16%
77%
16%
1%
5%
8,213
56%
34%
1%
7%
6,184
53%
48%
4%
2%
44%
1%
4,846
50%
45%
5%
2%
47%
1%
3,118
49%
45%
4%
2%
47%
1%
20,612
32%
59%
9%
39%
25%
25%
70%
3%
2%
34%
40%
13%
5%
49%
71%
19%
22%
22%
32%
5%
36%
64%
80%
20%
5 18,479
-211
-1.13%
40%
48%
2%
7%
11,769
28%
62%
2%
8%
10,419
24%
22%
4%
1%
69%
3%
8,830
22%
20%
4%
1%
70%
3%
6,131
21%
20%
3%
1%
71%
3%
17,591
21%
63%
16%
30%
35%
59%
35%
3%
3%
18%
41%
23%
12%
28%
73%
14%
17%
16%
42%
10%
52%
48%
58%
42%
6 18,492
-198
-1.06%
16%
73%
1%
6%
14,149
11%
80%
1%
6%
12,482
9%
9%
3%
1%
86%
1%
11,136
9%
9%
3%
1%
86%
1%
8,057
8%
8%
3%
1%
87%
1%
18,932
22%
61%
18%
11%
59%
85%
10%
3%
3%
4%
34%
37%
17%
28%
75%
11%
12%
13%
45%
19%
64%
36%
55%
45%
Total
112,137
730

3.91%
36%
48%
2%
10%
74,953
23%
63%
2%
11%
62,597
21%
19%
6%
1%
71%
2%
53,734
19%
18%
6%
1%
73%
2%
37,757
17%
16%
5%
1%
75%
2%
113,224
23%
61%
16%
25%
44%
61%
29%
6%
4%
15%
38%
28%
13%
30%
73%
12%
15%
16%
44%
12%
50%
50%
62%
38%
02/09/2022 16:12 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
328
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 21-562 Meeting Date: 2/15/2022
TITLE:

MINOR CONDITIONAL USE PERMIT (MCUP) ZA-21-48 TO AMEND PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (CUP) PA-91-102 FOR THE COSTA MESA VILLAGE AFFORDABLE

HOUSING DEVELOPMENT, AND A REQUEST TO APPROVE A REGULATORY AGREEMENT AND

THE TRANSFER OF OWNERSHIP OF THE COSTA MESA VILLAGE PROPERTY, LOCATED AT 2450 NEWPORT BOULEVARD
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: NANCY HUYNH, SENIOR PLANNER
CONTACT INFORMATION: NANCY HUYNH, [email protected]; (714) 754-5609 RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2022-XX to approve MCUP ZA-21-48 to amend previously-approved CUP PA-91-102 to modify certain conditions of approval. Staff also recommends that the Housing Authority Board approve the Termination of Original Regulatory Agreement, Adoption of New Regulatory Agreement, transfer of property ownership from Costa Mesa Village, Ltd. to Century Affordable Development, Inc. (CADI) and authorize the Executive Director to execute these agreements and related documents to approve CADI as the new owner and operator of Costa Mesa Village (CMV).

BACKGROUND:

Costa Mesa Village (CMV), located at 2450 Newport Boulevard, is a 96-unit single room occupancy (SRO) affordable housing development with one manager’sunit for a total of 97 units on site. CMV was originally approved and developed as a two-story Travelodge motel in the mid-1980s under ZE- 84-48. In 1991, a conditional use permit (CUP) under PA-91-102 was approved to allow the conversion of the existing motel into a single room occupancy (SRO) affordable housing development.

Costa Mesa Village, Ltd., the current owner of CMV, is in the process of selling the subject property to CADI (Buyer) to be the new owner and operator. The original Regulatory Agreement requires that any transfer of ownership be approved by the City/Housing Authority (Authority).

The Applicant is requesting City and Housing Authority approval of the following:

1. MCUP ZA-21-48, which amends PA-91-102 to modify certain conditions of approval.

2. Termination of the Original Regulatory Agreement and Adoption of New Regulatory Agreement (provided as attachments to this report) which terminates the agreement with the current owner and replaces it with a new agreement for the new owner and also includes

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File #: 21-562 Meeting Date: 2/15/2022
modifications to certain provisions in the original Agreement.

3. Transfer of the property to the Buyer as the new owner and operator of CMV.

City Council and Housing Authority Review
The requested CUP amendment would typically be processed as an MCUP, with the final decision making authority held by the City’sZoning Administrator. However, since the Regulatory Agreement and transfer of ownership must be decided upon by the City Council and the Authority, and the CUP amendment is a related request, staff has processed the requests together as a single package.

Planning Commission Hearing
On January 24, 2022, the Planning Commission held a public hearing, received staff’spresentation, considered public comments, discussed the item, and recommended to City Council approval of ZA- 21-48 by a 7-0 vote with one modification to amend Condition of Approval No. 4 as shown below ( strikethrough text proposed to be deleted and underline text proposed to be added):
· Condition of Approval No. 4: Applicant shall provide up to three additional Ssecurable bicycle racks with a minimum of seven spaces per rack. shall be provided under the direction of the Director or their designee A total of six bicycle racks shall be provided on-site including the three existing bicycle racks (21 existing spaces), to accommodate up to 42 spaces for bicycle parking.

The staff report for the January 24, 2022 Planning Commission meeting are available at the following links:

January 24, 2022 Planning Commission staff report:
<https://costamesa.legistar.com/View.ashx?M=F&ID=10416901&GUID=390A4CC2-045A-453C- 9E8B-5F88858D4E30>
Video from January 24, 2022 Planning Commission meeting:
<https://costamesa.granicus.com/player/clip/3818?view_id=14&redirect=true> The following is a summary of the main topics discussed by the Planning Commission:
· Non-Qualifying Households Provision in Regulatory Agreement: The Planning Commission requested clarification from the applicant in regard to how often tenants become non-qualifying households due to increased income levels discovered during re-certification of tenants’ eligibility;
· Guest Policy: The Planning Commission requested clarification from the applicant in regard to how guests would be managed so that they do not over stay the maximum days allowed per the Management Plan and how the maximum occupancy would be enforced; and · Exterior Lockers and Bicycle Racks: The Planning Commission requested clarification from the applicant in regard to how the lockers are assigned as well as the number of existing lockers provided; discussed the number of existing bicycle racks and whether or not additional racks should be provided given that majority of residents do not own vehicles.

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File #: 21-562 Meeting Date: 2/15/2022
ANALYSIS:

The Buyer (CADI) is a well-known developer, manager and financer of affordable housing developments throughout California. CADI has developed multiple new affordable housing projects and also actively acquires existing income restricted properties to preserve affordability, and, when needed, performs substantial renovations. The Buyer proposes to maintain all 96 units for very-low income individuals (i.e., 50-percent Area Median Income (AMI)) working and/or living in Costa Mesa with up to 24 units set aside for households eligible under the Section 811 program consistent with the existing use. The Section 811 program is a federal Housing and Urban Development (HUD) program administered by the State’s Housing and Community Development (HCD) that provides subsidies for housing for very-low income persons with disabilities, in this case developmental disabilities. The affordability term is proposed to remain in perpetuity and the Buyer does not currently propose any physical changes to the property.

Amendment to CUP PA-91-102 (ZA-21-48)
The CUP amendment proposes modifications to several conditions of approval to update the conditions to be consistent with the planned operation of CMV by the new Buyer, and to conform with City Council Policy No. 500-05 pertaining to SROs/efficiency units as well as provisions of the new Regulatory Agreement. All other conditions of approval from PA-91-102 including the two amendments in 1992 remain in effect.

Conditions proposed to be modified pertain to bicycle racks, laundry machines, the level of affordability as required in the Regulatory Agreement, a Management Plan to govern the day-to-day operations, annual reporting, and exterior storage for tenants.

A detailed discussion of the conditions proposed to be modified can be found in the January 24, 2022 Planning Commission staff report.

A copy of the Management Plan is also included as an attachment to this staff report for reference.

Regulatory Agreement and Transfer of Ownership
The Authority’scontinuing interest in the Regulatory Agreement and transfer of ownership is to retain the discretion to ensure that the housing units at CMV are provided as affordable units in perpetuity and that the property is maintained in compliance with applicable requirements. Approval of the new Regulatory Agreement will preserve the Authority’scontinuing interest. Proposed changes from the original Regulatory Agreement primarily involve deleting operational requirements that are no longer necessary for the project, clarifying use of the HUD calculation for income levels and affordable rents, allowing for future consideration of revising affordability limits to maintain project viability in the event rental subsidies are lost in the future (no such changes would be allowed without City Council/Authority approval).

GENERAL PLAN CONFORMANCE:

The property has a General Plan designation of Commercial-Residential. Under this General Plan designation, a complementary mix of commercial and residential uses are allowed with residential development encouraged along Newport Boulevard.

The development is existing and has been operating as an affordable efficiency unit development since the 1990’sand will continue to operate as such but with a new owner and management entity.

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File #: 21-562 Meeting Date: 2/15/2022
since the 1990’sand will continue to operate as such but with a new owner and management entity.

The proposed Conditional Use Permit amendment will not substantively change the use and the project will continue to conform with the City’sGeneral Plan. The following discussion evaluates the project’s consistency with the most relevant goals, objectives, and policies of the General Plan.

Policy LU-1.1: Provide for the development of a mix and balance of housing opportunities, commercial goods and services, and employment opportunities in consideration of the needs of the business and residential segments of the community.

Consistency: The need for affordable housing for very-low income populations has been exacerbated by the current housing crisis and high housing costs. The use will continue to provide affordable housing opportunities for an at risk segment of the community.

Policy HOU-1.8: Encourage the development of housing that fulfills specialized needs.

Consistency: In addition to serving the very-low income population who live and/or work in Costa Mesa, the property will provide additional housing opportunities for disabled individuals under the Section 811 program by providing up to 24 units for the program. These units will provide disabled individuals with an opportunity for permanent supportive housing at a more affordable rate.

GOAL HOU-2: Preserving and expanding affordable housing opportunities. It is the goal of the City of Costa Mesa to provide a range of housing choices for all social and economic segments of the community, including housing for persons with special needs.

Consistency: The project currently provides affordable housing to those who live and/or work in Costa Mesa. The new Buyer will continue to preserve the affordable units in perpetuity.

Additionally, the target special needs population specified pursuant to the Section 811 program will also be served.

FINDINGS:

Pursuant to CMMC Section 13-29(g)(2), CUP and MCUP Findings, in order to approve the CUP amendment, the City Council shall find that the evidence presented in the administrative record substantially meets specified findings. Staff recommends City Council approve the proposed CUP amendment based on the below assessment of facts and findings, which are also reflected in the draft Resolution:

Section 13-29(g)(2), CUP and MCUP Findings
· The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area.

Compliance with required findings: The project has been operating as an affordable housing development since the 1990’sand the proposed CUP amendment will continue the same use with a new owner and management entity which specializes in operating affordable housing developments. Furthermore, the proposed amendment does not involve any physical modifications or expansion of building square footage. As such, the project will continue to be

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File #: 21-562 Meeting Date: 2/15/2022
compatible with the developments in the same general area. · Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood.

Compliance with required findings: The project is an existing development that has provided specialized housing to the City for many years. The proposed CUP amendment does not involve any change in use or other physical improvements that would impact the immediate neighborhood. The CUP amendment specifically involves modifying certain conditions of approval primarily for consistency with revised Council Policy No. 500-05. The modified conditions will not have an impact to the immediate neighborhood. · Granting the conditional use permit will not allow a use, density or intensity, which is not in accordance with the general plan designation and any applicable specific plan for the property.

Compliance with required findings: The property has a General Plan designation of Commercial-Residential. Under this General Plan designation, a complementary mix of commercial and residential uses are allowed with residential development encouraged along Newport Boulevard. The project’sCUP was previously approved and the amendment including modified conditions does not involve a change in use or improvements that would intensify the use of the property.

ENVIRONMENTAL DETERMINATION:

The project is exempt from the provisions of the California Environmental Quality Act under section 15301 (Class 1) Existing Facilities. Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or facilities involving negligible or no expansion of the existing or former use. Because the facility is existing and does not propose alterations or additions, the project qualifies for this exemption.

ALTERNATIVES:

The City Council/Housing Authority Board can consider the following alternatives for project decision:

1. Approve the project with modifications: The City Council/Housing Authority Board may make specific changes to the CUP amendment or Regulatory Agreement that are necessary to alleviate their concerns. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow for additional information or analysis.

2. Deny the project: If the City Council and Authority believes that there are insufficient facts to support the findings for approval of the CUP amendment, Regulatory Agreement, and transfer of ownership - the City Council/Authority may deny the applicant’srequests and provide facts in support of denial to be included in the attached draft resolution.

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File #: 21-562 Meeting Date: 2/15/2022
FISCAL REVIEW:

There is no fiscal impact to the City associated with this item.

LEGAL REVIEW:

The City Attorney’s office has reviewed the report, Regulatory Agreement, and the draft Resolution and approves them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

Diversify, Stabilize and Increase Housing to Reflect Community Needs.

PUBLIC NOTICE:

Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed, no less than 10 days prior to the date of the public hearing:

1. Mailed notice. A public notice was mailed to all property owners and occupants within a 500- foot radius of the project site. The required notice radius is measured from the external boundaries of the property.

2. On-site posting. A public notice was posted on each street frontage of the project site.

3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper.

As of this report, no written public comments have been received. Any public comments received prior to the February 15, 2022 City Council meeting will be provided separately.

CONCLUSION:

The Buyer is well capitalized with sufficient operational capacity and experience owning and operating other similar affording housing developments throughout Southern California. Therefore, the transfer of ownership is appropriate. Staff recommends that the City Council approve MCUP ZA- 21-48 to amend the original CUP and the Housing Authority approve the new Regulatory Agreement and transfer of ownership.

334
ATTACHMENT 1
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COU NCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT (MCUP) ZA -21-48 TO AMEND PREVIOUSLY -APPROVED CONDITIONAL USE PERMIT (CUP) PA -91- 102 FOR THE COSTA MESA VILLAGE AFFORDABLE H OUSING DEVELOPMENT,

AND APPROVING A REGULATORY AGREEMENT AND THE TRANSFER OF OWNERSHIP OF THE COSTA MESA VILLAGE PROPERTY, LOCATED AT 2450

NEWPORT BOULEVARD

THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:

WHEREAS, Planning Application ZA-21-48 was filed by Brian D’Andrea on behalf of Century Affordable Development Inc., authorized agent for the property owner, Costa Mesa Village, Ltd., requesting approval of the following:

1. MCUP ZA-21-48 which amends PA -91-102 to modify certain conditions of approval.

2. Termination of Original Regulatory Agreement and Adoption of New Regulatory Agreement (Regulatory Agreement) which terminates t he agreement with the current owner and replaces it with a new one for the new owner and also includes modifications to certain provisions in the original Agreement.

3. Transfer of the property to the Buyer as the new owner and operator of the project as required under the Regulatory Agreement;
WHEREAS, a duly noticed public hearing held by the Planning Commission on January 24, 2022 with all persons having the opportunity to speak for and against the proposal;
WHEREAS, the Planning Commission recommended to City Council approval of Planning Application ZA-21-48 by a 7-0 vote with modifications to amended Condition of Approval No. 4;
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 (Class 1), for Existing Facilities. The project is an existing affordable efficiency unit development and does not propose any alterations or additions; 335

Resolution No. 2022-xx Page 2 of 9
WHEREAS, the CEQA categorical exemption for t his project reflects the independent judgement of the City of Costa Mesa;

NOW, THEREFORE, THE CITY COUNCIL AND HOUSING AUTHORITY BOARD OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:

Section 1 . Based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibit B, the City Council hereby approves Planning Application ZA -21-48 with respect to the property described above and upon applicant’s compliance with each and every condition contained in both Exhibit B and Exhibit C attached hereto , and compliance with all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, m odification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval.

Section 2 . The Housing Authority Board hereby approves the Termination of Original Regulatory Agreement, Adoption of New Regulatory Agreement, and transfer ownership for the property described above from Costa Mesa Village, Ltd. to Century Affordable Development, Inc. (CADI) and authorizes the Executive Director to execute these agreements and related documents to approve CADI as the new owner and operator of Costa Mesa Village.
336

Resolution No. 2022-xx Page 3 of 9
PASSED AND ADOPTED this 15th day of February, 2022.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2022-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15th day of February 2022, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 15th day of February 2022.

_________________________________

BRENDA GREEN, CITY CLERK

337

Resolution No. 2022-xx Page 4 of 9

EXHIBIT A

FINDINGS

A. The proposed project complies with Costa Mesa Municipal Code Section 13 - 29(g)(2), CUP and MCUP findings, because:

Finding: The proposed use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area.

Facts in Support of Findings: The project has been operating as an affordable housing development since the 1990’s and the proposed CUP amendment will continue the same use with a new owner and management entity which specializes in operating affordable housing deve lopments. Furthermore, the proposed amendment does not involve any physical modifications or expansion of building square footage. As such, the project will continue to be compatible with the developments in the same general area.

Finding: Granting the conditional use permit will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood.

Facts in Support of Finding: The project is an existing development that has provided specialized housing to the City for many years . The proposed CUP amendment does not involve any change in use or other physical improvements that would impact the immediate neighborhood. The CUP amendment specifically involves modifying certain conditions of approval primarily for consistency with revised Council Policy No. 500 -05. The modified conditions will not have an impact to the immediate neighborhood.

Finding: Granting the conditional use permit will not allow a use, density, or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property.

Facts in Support of Finding: The property has a General Plan designation of Commercial-Residential. Under this General Plan designation, a complementary mix of commercial and residential uses are allowed with residential development encouraged along Newport Blvd. The project’s CUP was previously approved and the amendment including modified conditions does not involve a ch ange in use, additional uses, or improvements that would intensify the use of the property.

B. The project is exempt from the provisions of the California Environmental Quality Act under section 15301 (Class 1) Existing Facilities. Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or facilities involving negligible or no expansion 338

Resolution No. 2022-xx Page 5 of 9
of the existing or former use. Because the facility is existing and d oes not propose any alterations or additions, the project qualifies for the exemption.

C. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. 339

Resolution No. 2022-xx Page 6 of 9

EXHIBIT B

CONDITIONS OF APPROVAL

Plng. 1. The use shall be limited to the type of operation described in this staff report and the staff report for the original CUP under PA -91-102. Any change in the operational characteristics shall be subject to Planning Division review and may require an amendment to the conditional use permit, subject to either Zoning Administrator, Planning Commission or City Council approval, depending on the nature of the proposed change. The applicant is reminded that the Zoning Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(o)].

2. The applicant is reminded that all conditions of approval of PA-91-102, except for Conditions No. 3 through 6, 8, 10 and 11, continue to apply.

Amended conditions under ZA -21-48 (Conditions No. 3 through 6, 8, 10 and 11) shall replace the original conditions No. 3 through 6, 8, 10 and 11 of PA-91-102. Refer to Exhibit C to this Resolution No. CC-2022-XX for a copy of the project’s applicable conditions of approval as revised. In addition, the conditions of this Exhibit B shall also apply to the project. In the event of a conflict between any condition of PA -91-102 and any condition set forth in Exhibit B and/or C, the conditions of Exhibit B and/or C shall control, as applicable.

3. The applicant shall defend, with attorneys of City’s choosing, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, legal action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of City’s approval of the project, including but not limited to any proceeding under the California Environmental Act. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section.

CODE REQUIREMENTS

The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant’s reference. Any reference to “City” pertains to the City of Costa Mesa.

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Resolution No. 2022-xx Page 7 of 9
Plng. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained.

2. All noise-generating construction activities shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise - generating construction activities shall be prohibited on Sunday and the following Federal holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

3. Street address shall be visible from the public street and shall be displayed on the freestanding sign. If there is no freestanding sign, the street address may be displayed on the fascia adjac ent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Numerals shall be a minimum twelve (12) inches in height with not less than t hree-fourth-inch stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be four (4) inches in height with not less than one -fourth-inch stroke an d shall contrast sharply with the background.

Fire 4. Comply with the requirements of the 2019 California Fire Code and referenced standards as amended by the City of Costa Mesa.

Bldg. 5. Comply with the requirements of the following adopted codes Code, 2019 California Building Code, 2019 California Electrical code, 2019 California Mechanical code , 2019 California Plumbing code , 2019 California Green Building Standards Code and 2019 California Energy Code (or the applicable adopted, California Building c ode California Electrical code, California Mechanical code California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance ) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites ,facilities, buildings and elements by individuals with disability shall comply with chapter 11B of the 2019 California Building Code.

341

Resolution No. 2022-xx Page 8 of 9

EXHIBIT C

COSTA MESA VILLAGE APPLICABLE AMENDED CONDITIONS OF APPROVAL

PA-91-102 1. The Conditional Use Permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The Conditional Use Permit may be referred to the Planning Commission for modification or revocation at any time if the Conditions of Approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the Development Services Director or his designee, any of the findings upon which the approval was based are no longer applicable.

PA-91-102 2. A copy of the conditions of approval for the Conditional Use Permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land.

Amended
ZA-21-48

3. Decorative wrought iron added to the top of the existing perimeter block wall shall be maintained and any future changes including but not limited to material type shall be under direction of the Director or their designee.

Amended
ZA-21-48

4. S Applicant shall provide up to three additional securable bicycle racks with a minimum of seven bicycle spaces per racks. A total of six bicycle racks shall be provided on-site, including three existing bicycle racks (21 existing spaces), to accommodate up 42 spaces for bicycle parking.

Amended
ZA-21-48

5. Coin or card-operated washers and dryers shall be provided for tenant use.

Amended
ZA-21-48

6. Applicant shall provide 96 units to 50% AMI Very Low Income households in perpetuity at the applicable maximum monthly rent published by the Tax Credit Allocation Committee (TCAC), as required by the approved Regulatory Agreement.

PA-91-102 7. Security deposits shall be limited to one-half the first month’s rent unless a higher limit is approved by the Planning Division.

Amended
ZA-21-48

8. A Management Plan is required which shall govern the operation of the development and shall include but not limited to: tenant selection and income/rent verification and reporting procedures; property maintenance standards and repairs, property improvements and maintenance schedules; insurance req uirements; tenant services or amenities; access control and security including regulations for guests; and project staffing. Any modification to the Management Plan shall require review and approval by the Director or their designee, and must be consistent with Council Policy 500 -05 as amended, and the Regulatory Agreement.

PA-91-102 9. The Planning Division shall be provided with the name, address, and telephone numbers for contact persons of the management company and of any change made in the management company.
342

Resolution No. 2022-xx Page 9 of 9
Amended
ZA-21-48

10. A report shall be submitted by the Applicant or its designee to the Executive Director of the City’s Housing Authority or their designee on an annual basis on or before April 30th of each year and shall include all information required by the City’s Housing Authority to confirm compliance with the Regulatory Agreement, including but not limited to:
level of occupancy, certification of tenant income and rental rates charged job locations of tenants.

Amended
ZA-21-48

11. Securable lockers or similar exterior storage shall be provided on the property for each unit where feasible under the direction of the Director or their designee.

PA-91-102 12. All units shall be single occupancy. Any proposed change to double occupancy shall be reviewed by the Planning Division. Any proposed change that would not comply with Council Policy No. 500-05 relative to either double occupancy limits or parking requirements based on occupancy shall be referred back to the Planning Commission for review and approval.

PA-91-102 13. The project shall conform with sections 4 – Unit Requirements and 7 – Rental Term of Council Policy No. 500-05.

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344
345
346
347
348
349
350
351
352
353
ATTACHMENT 4

TERMINATION OF REGULATORY AGREEMENT

RECORDING REQUESTED BY

WHEN RECORDED MAIL TO:

Good Wildman
19000 MacArthur Blvd, Suite 575
Irvine, CA 92612
Attn: Robert W. Dyess, Jr.

TERMINATION OF REGULATORY AGREEMENT

This Termination of Regulatory Agreement (this “Termination”), is entered into and executed by Costa Mesa Village, Ltd., a California limited partnership (“Seller”), Costa Mesa Housing Authority (“CMHA”), and Orange County Housing Authority (“OCHA”).

RECITALS

A. Seller is the owner of certain improved real property known as Costa Mesa Village Apartments consisting of a 97-unit residential apartment complex located at 2450 Newport Blvd, Costa Mesa, California 92627 and more particularly described on Exhibit A Attached hereto (the “Property”).

B. The Property is subject to restrictions set forth in that certain Regulatory Agreement and Declaration of Restrictive Covenants, by and among Seller, CMHA and OCHA, recorded as Document No. 93-0517026 in the Official Records of Orange County, California (the “Official Records”), as amended by First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants, recorded as Document No. 2003000364959 in the Official Records (collectively, the “Regulatory Agreement”).

C. Seller is in escrow for the sale of the Property to Century Affordable Development, Inc., a California nonprofit public benefit corporation, or its permitted assignee (“Buyer”).

D. CMHA, OCHA and Buyer have agreed to enter into an amended and restated regulatory agreement (the “Replacement Regulatory Agreement”) upon the closing of the sale of the Property by Seller to Buyer.

E. Seller, CMHA, and OCHA have agreed to terminate the Regulatory Agreement under the terms and conditions described herein.
354

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

AGREEMENT

1. Termination of Regulatory Agreement. Upon (i) the close of escrow for the sale of the Property (the “Closing”) from Seller to Buyer and (ii) the execution and recording of the Replacement Regulatory Agreement, the existing Regulatory Agreement is hereby terminated.

2. Release of Seller. CMHA and OCHA hereby release Seller from all obligations of Seller to CMHA and OCHA under the Regulatory Agreement. CMHA and OCHA each hereby acknowledge that it has read and is familiar with the provisions of California Civil Code § 1542 (“Section 1542”), which are set forth below:
“A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS THAT THE CREDITOR OR RELEASING PARTY

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR

HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER,

WOULD HAVE MATERIALLY AFFECTED HIS OR HER

SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY.”
Each of CMHA and OCHA hereby waives the provisions of Section 1542, and of any statute, principle of common law or case law which would limit the scope of the foregoing waiver and release, in connection with matters which are the subject of the foregoing waiver and release.

____________ CMHA’s Initials ____________ OCHA’s Initials

3. Purpose. This Termination is executed and recorded for the purpose of imparting notice of the termination of the Regulatory Agreement, and the respective rights and obligations thereunder.

4. Construction; Governing Law. This Termination shall be construed according to its fair meaning and as if prepared by all parties hereto. This Termination shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. The headings used in this Termination are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Agreement.

5. Counterparts. This Agreement may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed an original hereof.
355

This Termination of Regulatory Agreement is executed as of _________________, 2022.

SELLER: Costa Mesa Village, Ltd.,
a California limited partnership

By: William M. Crawford Co. Inc.,
a California corporation,
General Partner

By: ___________________________
William F. Pavone, Jr.,
President

CMHA: Costa Mesa Housing Authority,
a public body, corporate and politic

By: ______________________________
Name:____________________________
Its:_______________________________

OCHA: Orange County Housing Authority,
a public body, corporate and politic

By: ______________________________
Name:____________________________
Its:_______________________________

356

STATE OF CALIFORNIA )
) ss:

COUNTY OF ORANGE )

On _____________________, 20___, before me, _____________________________________, Notary Public, personally appeared William F. Pavone, Jr., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 357

STATE OF CALIFORNIA )
) ss:

COUNTY OF ORANGE )

On _____________________, 20___, before me, _____________________________________, Notary Public, personally appeared ________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 358

STATE OF CALIFORNIA )
) ss:

COUNTY OF ORANGE )

On _____________________, 20___, before me, _____________________________________, Notary Public, personally appeared ________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 359

EXHIBIT A

LEGAL DESCRIPTION
PARCEL 1:

THE NORTHWESTERLY RECTANGULAR ONE-HALF OF LOT 57, AND THE SOUTHWESTERLY RECTANGULAR ONE-HALF OF LOT 59 OF TRACT NO. 300, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGES 11 AND 12 OF MISCELLANEOUS

MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
PARCEL 2:

THE SOUTHEASTERLY 150 FEET OF THE NORTHEASTERLY RECTANGULAR ONE- HALF OF LOT 59 OF TRACT NO. 300, AS SHOWN ON MAP THEREOF RECORDED IN BOOK 14, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE

COUNTY, CALIFORNIA
PARCEL 3:

THE SOUTHWESTERLY ONE-HALF OF LOT 57 OF TRACT NO. 300, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGES 11 AND 12 OF MISCELLANEOUS MAPS,

RECORDS OF ORANGE COUNTY, CALIFORNIA

APN: 439-281-48

360
ATTACHMENT 5

Regulatory Agreement
(Costa Mesa Village)
1 Recording Requested by and
When Recorded Mail to:

Costa Mesa Housing Authority
P.O. Box 1200
77 Fair Drive
Costa Mesa, California 92628-1200
Attention: Secretary/City Clerk

This document is exempt from the payment
of a recording fee pursuant to Government
Code §§ 27383 and 6103.

(Space above for Recorder’s use.)

REGULATORY AGREEMENT
(Costa Mesa Village)
This REGULATORY AGREEMENT (Costa Mesa Village) (“Regulatory Agreement”) is entered into and dated as of _______________, 202 __ (the “Effective Date”) by and among COSTA MESA HOUSING AUTHORITY, a public body, corporate and politic (“CMHA”), and ORANGE COUNTY HOUSING AUTHORITY, a public body corporate an d politic (“OCHA”), and CADI XV LLC, a California limited liability company (“Developer”).

R E C I T A L S
A. CMHA is a California housing authority formed by the City of Costa Mesa (“City”) acting under the California Housing Authorities Law, Part 2 of Division 24, Section 34200, et seq., of the Health and Safety Code. CMHA serves as the housing successor to the former Costa Mesa Redevelopment Agency (“CMRDA”), a dissolved redevelopment agency pursuant to Parts 1.8 and

1.85 of Division 24 of the Health and Safety Code, section 34160, et seq. and 34170, et seq., respectively, and in particular Sections 34176 and 34176.1 and subsequent legislation.

B. Developer is the owner of certain improved real property located at 2450 Newport Boulevard, Costa Mesa, California 92627 (APN 439-281-48), which is more particularly described in Exhibit A attached hereto and fully incorporated by this reference (“Property”). The Property is improved with a ninety-seven (97) unit affordable rental apartment complex (the “Project”).

C. In connection with certain loans (the “Loans”) made by OCHA and CMRDA for the purpose of acquisition and deve lopment of the Project, OCHA, CMRDA, and Costa Mesa Village, Ltd., Developer’s predecessor-in-interest (“Original Developer”), entered into that certain Regulatory Agreement and Declaration of Restrictive Covenants dated as of May 11, 1993 and recorded in the Official Records of Orange County (“Official Records”) on August 3, 1993 as Instrument No. 93 -0517026, as amended by that certain First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants dated as of November 19, 2002 and recorded in the Official Records on April 2, 2003 as Instrument No. 2003 -000364959 ( collectively, the 361

Regulatory Agreement
(Costa Mesa Village)
2 “Original Regulatory Agreement”). The Original Regulatory Agreement has been terminated pursuant to a termination agreement recorded in the Official Records.

D. The City of Costa Mesa issued a conditional use permit , Conditional Use Permit No. PA-91-102, to entitle the land use and authorize a single-room occupancy affordable housing development at the Property, as amended on September 28, 1992 (collectively, the “CUP”). As of the Date of Agreement, Developer has requested that the City further amend the CUP to modify certain conditions set forth therein to be consistent with Developer’s planned operations and this Regulatory Agreement.

E. The Loans have been repaid in full on or around August 2014.

F. The parties now desire to enter into this Regulatory Agreement, pursuant to which Developer agrees to the terms and conditions set forth herein as of the Effective Date.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

ARTICLE 1

DEFINITIONS AND GENERAL TERMS
Section 1.1 Definitions. As used in this Regulatory Agreement (and in all other Project Documents, unless otherwise defined), the following capitalized terms shall have the following meanings:
(a) “50% AMI Very Low Income Household” means a household where the income does not exceed 50 percent of the AMI adjusted for family size appropriate for the unit , as may be published by TCAC or HUD. If TCAC shall cease to publish such levels or they are not updated for a period of at least eighteen (18) months , CMHA shall provide Developer with other income determinations that are reasonably similar with respect to methods o f calculation to those previously published by TCAC. In the case of discrepancy, the TCAC income levels shall prevail. (b) "Annual Income" means the total anticipated gross annual income of all persons in a household as calculated using the methods to calculate income adopted by TCAC, or if TCAC no longer calculates income, then it means the total anticipated annual income of all persons in a household, as defined in 24 CFR 5.609 and as calculated pursuant to 24 CFR 5.611. (c) “Affiliate” means any person or entity directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with Developer which, if Developer is a partnership or limited liability company, shall include each of the constituent partners or members (but not the Tax Credit Investor), respectively thereof. The term “control” as used in the immediately preceding sentence, means, with respect to a person that is a corporation, the right to the exercise, directly or indirectly, of at least fifty perc ent (50%) of the voting rights attributable to the shares of the controlled corporation and, with respect to a person that is not a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled person.
362

Regulatory Agreement
(Costa Mesa Village)
3 (d) “Affordability Period” means the duration of this Regulatory Agreement, which shall continue in perpetuity.
(e) “Affordable Units” means and refers to all of the Units, except one (1) two- bedroom onsite Manager’s Unit, which are located on the Property and are an integral part of the Project and are required to be restricted to and occupied by households meeting the requirements of this Regulatory Agreement.
(f) “Allowable Rent” and “Rents” means the total monthly payments by the Tenant of a Unit for the following: use and occupancy of the Unit and land and associated facilities including parking (for one (1) currently registered operable vehicle per Apartment, if available) ; any separately charged fees or service charges assessed by Developer which are customarily charged in rental housing and required of all Qualified Tenants, other than security deposits; an allowance for the cost of an adequate level of service for utilities paid by the Q ualified Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable TV; and any other interest, taxes, fees or charges for use of the land or associated facilit ies and assessed by a public or private entity other than Developer, and paid by the Qualified Tenant , at the rates calculated as set forth in section

2.4(a) hereof.
(g) “Annual Project Revenue” shall mean all gross income and all revenues of any kind from the Property actually received by Developer in a calendar year, including without limitation, rents, Section 8 housing assistance payments, if any, late charges, laundry income, vending machine income, and any other revenues of whatever kind or nature from the Property, except that interest on security deposits and required reserves shall not be considered Annual Project Revenue. (h) “Area Median Income” or “AMI” means the median gross yearly income, adjusted for Actual Household Size as specified herein, in the County of Orange, California as published from time to time by TCAC and HUD, but in the case of discrepancy, the TCAC incomes shall prevail. In the event that such income determinations are no longer published , or are not updated for a period of at least eighteen (18) months, CMHA shall provide Developer with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD.
(i) "Assumed Household Size" means the assumed household size determined or utilized by TCAC, used to calculate Rent or if TCAC no longer calculates rent, then it means the household size "adjusted for family size appropriate to the unit" as such term is defined in HSC Section 50052.5(h).
(j) “CMHA” means the Costa Mesa Housing Authority and is further described in Recital A and includes any assignee of, or successor to, its rights, powers and responsibilities. (k) “City” means the City of Costa Mesa, a California municipal corporation and general law city.
(l) “Closing” means the date of recordation of this Regulatory Agreement in the Official Records.
363

Regulatory Agreement
(Costa Mesa Village)
4 (m) “County” means the County of Orange, California.
(n) “Default” means the failure of a Party to perform any action or covenant required by this Regulatory Agreement within the time periods provided herein following notice and opportunity to cure, as set forth herein.
(o) “Developer” means CADI XV LLC, a California limited liability company, and its permitted successors and assignees.
(p) “Effective Date” means the date this Regulatory Agreement is recorded in the Official Records.
(q) “General Partner” means , in the event Developer is a limited partnership, any general partner of such limited partnership.
(r) “Governmental Requirements” means all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the state, the County, City (including applicable City Council Policies, the conditional use permit for the property, and any applicable written agreement between the City or CMHA and the Developer) , CMHA and OCHA, or any other political subdivision in which the Project is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over Developer or the Project. (r) “HCD” is the California Department of Housing and Community Development.
(s) “HUD” is the United States Department of Housing and Urban Development.
(t) “Improvements” means all improvements, improvements pertaining to the realty, fixtures, works of improvement at the Project, including, without limitation, buildings; landscaping, trees and plant materials; and offsite improvements, including, without limitation, streets, curbs, storm drains, and adjacent street lighting. (u) “Indemnitees” means City, County, CMHA and OCHA and their elected and appointed officials, officers, employees, attorneys, contractors, elective and selected boards and commissions, representatives, agents, and volunteers. (v) “Legal Description” means the legal description of the Project set forth in Exhibit A attached and fully incorporated to this Regulatory Agreement. (w) “Lender” means a lender of any loan for the Project (other than a loan from an Affiliate).
(x) “Manager’s Unit” means one (1) unrestricted two-bedroom unit within the Project, which unit shall be designated by Developer for use of the onsite manager. (y) “Notice of Affordability Restrictions” means an instrument substantially in the form of Exhibit B, which instrument is caused to be recorded in the Official Records. 364

Regulatory Agreement
(Costa Mesa Village)
5 (z) “OCHA” means the Orange County Housing Authority and any assignee of, or successor to, its rights, powers and responsibilities. (aa) “Official Records” means the official land records maintained by the County Recorder of the County.
(bb) “Party” means individually each of CMHA, OCHA, and Developer. (cc) “Parties” means together CMHA, and OCHA, and Developer. (dd) “Partnership Agreement” means, if Developer is a limited partnership, the agreement which sets forth the terms of Developer’s limited partnership, as such agreement may be amended from time to time.
(ee) “Permitted Transfer” shall have the meaning given in Section 6.3(a). (ff) “Project” means the affordable housing development located at 2450 Newport Boulevard, Costa Mesa, CA and consisting of 96 Housing Units and one (1) unrestricted Manager’s Unit which Developer shall manage and operate as long -term, affordable rental housing for occupancy by 50% AMI Very Low Income Households, in accordance with this Regulatory Agreement.
(gg) “Property” means that certain real property, land and improvements, located at 2450 New port Boulevard, Costa Mesa, California and is further described in Recital B.

The Project is more fully and legally described in the Legal Description attached hereto as Exhibit A.
(hh) “Qualified Tenant” or “Qualified Tenants” mean the income -qualified households occupying the Affordable Units as 50% AMI Very Low Income Households. (ii) “Regulatory Agreement” means this Regulatory Agreement to be recorded as an encumbrance against the Property.
(jj) “State” means the State of California.
(kk) “Subordination and Intercreditor Agreement” means one or more estoppel, intercreditor and/or subordination agreement(s) or instrument(s) as may be requested by a Lender or Developer’s Tax Credit Investor for approval by CMHA/OCHA. (ll) “Tax Credit Investor” means , in the event Developer is a limited partnership, the investor limited partner admitted as a limited partner of the Developer in connection with a reservation or allocation of Tax Credits from TCAC for the Project. (mm) “Tax Credit Rules” means the provisions of Section 42 of the Inte rnal Revenue Code and/or, if applicable, California Revenue and Taxation Code Sections 17057.5, 17058, 23610.4 and 23610.5 and California Health and Safety Code Section 50199, et seq., as the foregoing may be amended from time to time, to the extent applicable to the Project and the rules 365

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6 and regulations implementing the foregoing, including the regulations set forth in Title 4 Cal. Code Regs. Section 10300, et seq.
(nn) “Tax Credit Regulatory Agreement” means the regulatory agreement that may be required to be recorded against the Project with respect to the Project’s allocation of Tax Credits.
(oo) “Tax Credits” means federal 4% or 9% low income housing tax credits granted pursuant to Section 42 of the Internal Revenue Code and/or, if applicable, State tax credits pursuant to California Revenue and Taxation Code Sections 17057.5, 17058, 23610.4 and 23610.5 and California Health and Safety Code Sections 50199, et seq. (pp) “TCAC” means the California Tax Credit Allocation Committee. (qq) "TCAC 50% Rent" means the maximum rent p ublished by TCAC for a "50% AMI Very Low Income Household" in Orange County for the applicable bedroom number. (rr) “TCAC Regulatory Agreement” means the regulatory agreement to be recorded against the Project with respect to the Tax Credits for the Project as required under the TCAC Rules.
(ss) "Term" means the term of this Regulatory Agreement, which commences on the Effective Date and continues in perpetuity.
(tt) “Third Party Costs” are defined and described in Articles 7 and 13. (uu) “Unit” or “Units” means the ninety-seven (97) individual apartment units at the Project that will be owned, leased, managed, and operated by Developer pursuant to this Regulatory Agreement.

Section 1.2 Developer’s Representations and Warranties. As a material inducement to CMHA and OCHA to enter into this Regulatory Agreement, Developer represents and warrants to CMHA and OCHA the following regarding its formation, qualifications, and compliance:
(a) Developer is a California limited liability company whose sole member is Century Affordable Development, Inc.
(b) Developer has all required authority to conduct its business and own, acquire, develop, improve, operate, and buy and sell its property, including the Property and Project hereunder.
(c) To the best of Developer’s knowledge, Deve loper is in compliance in all material respects with all laws applicable to its business and has obtained all approvals, licenses, exemptions and other authorizations from, and has accomplished all filings, registrations and qualifications with any governmental agency that are necessary for the transaction of its business; (d) Developer has and will in the future duly authorize, execute and deliver this Regulatory Agreement and all other agreements and documents, if any, required to be executed 366

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7 and delivered by Developer in order to carry out, give effect to, and consummate the transaction contemplated by this Regulatory Agreement;
(e) To the best of Developer’s knowledge, Developer does not have any material contingent obligations or any material contractual agreem ents which could materially adversely affect the ability of Developer to carry out its obligations hereunder; (f) There are no material pending or, so far as is known to Developer, threatened, legal proceedings to which Developer is or may be made a party or to which any of its property is or may become subject, which have not been fully disclosed in the material submitted to CMHA and OCHA which could materially adversely affect the ability of Developer to carry out its obligations hereunder;
(g) There is no action or proceeding pending or, to Developer’s best knowledge, threatened, looking toward the dissolution or liquidation of Developer and there is no action or proceeding pending or, to Developer’s best knowledge, threatened by or against Developer which could affect the validity and enforceability of the terms of this Regulatory Agreement, or materially and adversely affect the ability of Developer to carry out its obligations hereunder.

ARTICLE 2

LAND USE AND AFFORDABILITY RESTRICTIONS
Section 2.1 Permitted Uses. The Property and Project shall be used in compliance with the CUP and Management Plan for the Property, as amended, and each and all other amendments, modifications or changes approved in the sole discretion of the City of Costa Mesa and shall be used and operated only as an affordable housing complex as set forth in this Regulatory Agreement. This is a rental housing project with ancillary amenities intended for use and occupancy as affordable housing and for no other purposes. (a) Affordable Housing . Commencing upon the Effective Date of this Regulatory Agreement and continuing in perpetuity , Developer covenants and agrees to make available, restrict occupancy and rental of the Housing Units to 50% AMI Very Low Income Households at an Affo rdable Rent with one unrestricted Manager’s Unit reserved for the on -site property manager. Notwithstanding the foregoing, in the event a future tax credit investor’s residual analysis indicates that the perpetual affordability restriction results in the Project not meeting the “true debt” test for tax purposes, at the close of any low income housing tax credit financing for the Project, CMHA and OCHA will reasonably consider an increase in the rent and income limit from 50% AMI to 60% on some or all of the Units commencing after the 55th year. (b) Affordability Period. The Project and all the Housing Units thereon shall be subject to the requirements of this Article 2 in perpetuity.

Section 2.2 Selection of Tenants . Developer shall be responsible for the selection of Qualified Tenants for the Housing Units in compliance with all applicable Governmental Requirements and as set forth in any management plan submitted by the Developer and approved by OCHA and the City, if any (the “Management Plan”). The Management Plan, including 367

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8 marketing, tenant screening and selection of tenants for the 96 Housing Units shall refer to and Developer shall cause compliance with this Regulatory Agreement.

Section 2.3 Income and Occupancy Restrictions . As included in the annual income certification provided by Developer or as required by TCAC so long as the TCAC Regulatory Agreement is in existence, and upon termination thereof, as reasonably requested by CMHA and OCHA, and Developer shall endeavor to make available for CMHA’s and OCHA’s review and approval such information as Developer has reviewed and considered in its selection process, together with the statement by Developer that Developer has determined that each selected Qualified Tenant will comply with all applicable terms and conditions of t his Regulatory Agreement in each tenant’s occupancy of a Unit, including without limitation, that each corresponding household satisfies the income eligibility requirements, Affordable Rent requirements, and other requirements of this Regulatory Agreement. (a) Tenant Selection Covenants; Household Income Requirements. Developer covenants and agrees that (i) each tenant (other than the on -site Property Manager) shall qualify, as applicable, as a 5 0% AMI Very Low Income Household, and (ii) the cost to each ten ant household (other than the onsite Property Manager) for the corresponding Unit on the Property shall be at and within the defined Affordable Rent, and (iii) the occupancy and use of the Property shall comply with all other covenants and obligations of this Regulatory Agreement (collectively, “Tenant Selection Covenants”).
(b) Unit Mix; Manager’s Unit . Developer covenants that 96 Units shall be Affordable Units occupied at an Affordable Rent to 50% AMI Very Low Income Households, and one Unit shall be the Manager’s Unit reserved for occupancy by an onsite property manager. (c) Income Certification Requirements . Annually (on or before April 30 of each year), or at such other time as may be agreed upon by CMHA and Developer, Developer shall submit to CMHA and OCHA, at Developer’s expense, a written summary of the income, household size and rent payable by each of the tenants of the Affordable Units. Developer shall obtain, or shall cause to be obtained by the Property Manager , an annual certification from each household leasing an Affordable Unit demonstrating that such household is a 50% AMI Very Low Income Household and meets the eligibility requirements established for the Affordable Unit.

Developer shall verify, or shall cause to be verified by the Property Manager, the income certification of each tenant household. In order to comply with this Article 2, Developer shall submit to CMHA and OCHA any and all tenant income and occupancy certifications and supporting documentation required, as applicable, to be submitted to TCAC pursuant to the Tax Credit Rules and the Tax Credit Regulatory Agreement, and such documentation shall satisfy the requirements of this Section 2.3(c).
(d) Verification of Income of New and Continuing Te nants. Developer shall verify the Annual Income and information provided in the income certification of the proposed tenant as set forth below.
(i) Developer shall verify the income of each proposed tenant of the Project pursuant to the Tenant Selection Coven ants set forth above, and by at least one of the following methods as appropriate to the proposed tenant:
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9 (A) obtain two (2) paycheck stubs from the person’s two (2) most recent pay periods.
(B) obtain a true copy of an income tax return from the person for the most recent tax year in which a return was filed. (C) obtain an income verification certification from the employer of the person.
(D) obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the person receives assistance from such agencies.
(E) obtain an alternate form of income verification reasonably requested by CMHA and/or OCHA, if none of the above forms of verification is available to Developer.
(e) Verification regarding Eligibility of New Tenants. Developer shall retain documentation regarding the eligibility of each new tenant household, including that each such household satisfied the applicable priorities set forth in this Article 2. (f) Non-Qualifying Household . If, upon recertification of the income of a tenant, Developer determines that a former 50% AMI Very Low Income Household has an Adjusted Income exceeding the qualifying income for a 50% AMI Very Low Income Household, then such tenant shall be permitted to continue to occupy the Affordable Unit and such tenant's Affordable Rent may be increased to one-twelfth of thirty percent (30%) of the household's actual income, adjusted for Assumed Household Size, upon ninety (90) days written notice to the tenant.

The unit will continue to be classified as an Affordable Unit for no longer than one year, at which time, subject to applicable law, rules and regulations , including the requirements of any public agency financing for the Project, Developer shall cause the non-qualifying household to vacate the unit at which time Developer shall re-rent the unit to a 50% AMI Very Low Income Household to meet the requirements of Section 2.1 above.
(g) Termination of Occupancy. Upon termination of occupancy of an Affordable Unit by a Qualified Tenant, such unit will be deemed to be continuously occupied by a 50% AMI Very Low Income Household, until such unit is reoccupied. Developer will use best efforts to rent any vacant unit to a Qualified Tenant within thirty (30) days of such unit becoming vacant. In any event, Developer shall maintain the occupancy requirements set forth in Section

2.1 above.
(h) Tenant Transfer. Existing tenants shall be permitted to transfer into a different unit once per year, at the time of recertification. As to such transfers Developer will cause Property Manager to provide a list of tenants that are transferring units to include the original unit and unit to which they transferred.

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10 Section 2.4 Affordable Rent.
(a) Maximum Monthly Rent . The maximum monthly rent chargeable to a Qualified Tenant for Affordable Units shall be the maximum rent published by TCAC for a "50% AMI Very Low Income Household" in Orange County for the applicable bedroom number. In the event that TCAC no longer publishes the income and rent information contemplated herein, then the HUD published income and rent information shall prevail. In the case that both cease to be published, CMHA and OCHA will provide Developer with other income and rent determinations which are reasonably similar with respect to methods of calculation to those previously published by TCAC, as applicable.
(b) Rent Schedule. Developer must annually reex amine the income of each tenant household living in the Affordable Units annually in accordance with this Article 2. The maximum monthly rent must be recalculated by Developer and submitted to CMHA and OCHA annually to confirm the rents are consistent wit h this Regulatory Agreement and applicable legal requirements and may change as changes in the applicable gross Affordable Rent amounts and the income adjustments warrant. Any increase in Affordable Rents for the Affordable Units is subject to the provisions of outstanding leases. Developer must provide all tenants not less than sixty (60) calendar days’ prior written notice before implementing any increase in Affordable Rents. (c) Leases; Rental Agreements for Housing Units . Developer shall submit a standard lease form, which shall comply with all applicable Governmental Requirements, and all requirements of this Regulatory Agreement, to CMHA and OCHA for approval. CMHA and OCHA shall reasonably approve such lease form upon finding that such lease form is c onsistent with this Regulatory Agreement. Developer shall enter into a written lease, in the form approved by CMHA and OCHA, with each Qualified Tenant household of the Project. (d) Tenant Protections.
(i) Lease. Developer shall execute or cause to be executed a written lease in a form reasonably approved in writing by CMHA and OCHA (other than immaterial modifications thereto) which complies with all applicable Governmental Requirements and with each tenant household identifying by name all permitted occupant(s) of each Affordable Unit. The lease between tenants occupying the Affordable Units and Developer must be for not less than one year, unless by mutual agreement between the tenant and Developer. (ii) Prohibited Lease Terms . The Qualified Tenant lease may not contain any of the following provisions:
(A) Agreement to be Sued. Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease;
(B) Treatment of Personal Property . Agreement by the tenant that the owner may take, hold, or sell personal property of household without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the Unit after 370

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11 the tenant has moved out of the Unit. Developer may dispose of this personal property in accordance with State law;
(C) Excusing Developer/owner from Responsibility. Agreement by the tenant not to hold Developer or Developer’s agents legally responsible for any action or failure to act, whether intentional or negligent;
(D) Waiver of Notice . Agreement of the tenant that Developer may institute a lawsuit without notice to the tenant;
(E) Waiver of Legal Proceedings. Agreement by the tenant that Developer may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties;
(F) Waiver of a Jury Trial . Agreement by the tenant to waive any right to a trial by jury;
(G) Waiver of Right to Appeal Court Decision . Agreement by the tenant to waive the tenant’s right to appeal, or to otherwise challenge in court, a court decision in connection with the lease;
(H) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome. Agreement by the tenant to pay attorney’s fees or other legal costs even if the tenant wins in a court proceeding by Developer against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses; and
(iii) Termination of Tenancy. Developer may not terminate the tenancy or refuse to renew the lease of a tenant of a Housing Unit within the Project except for failure to pay rent, serious or repeated violation of the terms and conditions of the lease; for violation of applicable federal, state, or local law; or for other good cause. Any termination or refusal to renew must be preceded by not less than thirty (30) calenda r days (or such longer period as may be required by applicable laws) by Developer’s service upon the tenant of a written notice specifying the grounds for the action.
(e) Loss of Subsidy.

It is anticipated that certain Affordable Units (the "Subsidy Units") may receive Project -Based Section 8 , Section 811 or other rental or operating subsidies (the "Rental Subsidy") throughout the Term. If any change in law occurs, or any action (or inaction) by Congress or any federal or state a gency occurs, which results in a material reduction, termination or nonrenewal of the Rental Subsidy through no fault of Developer, such that the Rental Subsidy shown on the budget for the Project approved by CMHA and OCHA is no longer available, Developer shall, in anticipation of such loss in Rental Subsidy, use good faith efforts for a period of one hundred twenty (120) days, to obtain alternative sources of rental subsidies and shall provide CMHA and OCHA weekly progress reports on Developer's efforts t o obtain alternative sources of rental subsidies. If at the end of such one hundred twenty (120) day period Developer is unable to secure an alternate source of rental subsidy, notwithstanding this Section 371

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12 2.4(a) above, Developer may provide a written request to CMHA and OCHA and CMHA and OCHA will consider in their reasonable discretion, an increase in the Affordable Rent on one or more of the Affordable Units that overlap with a Subsidy Unit, to the TCAC 60% AMI rent level but only to the minimum extent necessary to maintain Project feasibility.

In the event such a request is approved by CMHA and OCHA, Developer shall continue to use good faith efforts to obtain alternative sources of rental subsidies and shall provide CMHA and OCHA with annual progress reports on efforts to obtain alternative sources of rental subsidies that would allow the rents on the Affordable Units to be reduced back to the Affordable Rents set out in Section 2. 4(a) above. Upon receipt of any alternative rental subsidies, Developer shall reduce the rents on the Affordable Units back to the Affordable Rents set out in Section 2.4(a), to the extent that the alternative rental subsidies provide sufficient income to cover the operating costs and debt service of the Project as shown on the annual Project budget.

Section 2.5 Nondiscrimination.
(a) Nondiscrimination and Equal Opportunity . Developer hereby covenants, by and for itself, its successors and assigns, and all persons claiming under or through them, to comply with the following laws relating to nondiscrimination and equal opportunity: (1) The Fair Housing Act (42 U.S.C. 3601 -19) and implementing regulations at 24 CFR part 100 et seq.; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing Programs) and implementing regulations at 24 CFR part 107; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d- 4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1; the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing regulations at 24 CFR part 146; section 504 of the Rehabili tation Act of 1973 (29 U.S.C. 794) and implementing regulations at part 8 of this title; title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; 24 CFR part 8; section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135; Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964 -1965 Comp., p. 339; 3 CFR, 1966-1970 Comp., p.684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p.264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60; Executive Order 11625, as amended by Executive Order 12007 (3 CFR, 1971 -1975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p.393 and 3 CFR, 1987 Comp., p. 245) (Women’s Business Enterprise).
(b) Prohibition of Inquiries on Sexual Orientation or Gender Identity .

Developer further covenants, by and for itself, its successors and assigns, and all persons claiming under or through them, not to inquire about the sexual orientation or gender identity of an applicant for, or occupant of, the Project or any Unit at the Property, for the purpose of determining eligibility for occupancy of such Units or otherwise making such Units available. This prohibition on inquiries regarding se xual orientation or gender identity does not prohibit any individual from voluntarily self -identifying sexual orientation or gender identity. Further, determinations of eligibility for occupancy of Units at the Project shall be made in accordance with the eligibility 372

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13 requirements provided for such program by HUD, and such Units shall be made available without regard to actual or perceived sexual orientation, gender identity, or marital status. (c) Covenants Run with the Land . The nondiscrimination covenants established in this Article 2. shall, without regard to technical classification and designation, be binding for the benefit and in favor of CMHA and OCHA and their successors and assigns, and shall remain in effect in perpetuity.
(d) No breach of any of the pr ovisions of this Regulatory Agreement shall impair, defeat or render invalid the lien of any mortgage, deed of trust or like encumbrance made in good faith and for value encumbering the Property or the Project or any portion thereof.

Section 2.6 Notice of Affordabilit y Restrictions . CMHA as housing successor is required to prepare and cause recordation of the Notice of Affordability Restrictions, substantially in the form of Exhibit B, which shall be recorded concurrently with this Regulatory Agreement.

ARTICLE 3

OPERATION AND MANAGEMENT OF THE PROJECT
Section 3.1 Taxes and Impositions . Developer shall be responsible to and shall pay, prior to delinquency, all of the following (collectively, the “Impositions”): (i) all general and special real property taxes and assessments imposed on the Property, unless exempt therefrom ; and (ii) all other taxes and assessments and charges of every kind that are assessed upon the Property and that create or may create a lien upon the Property (or upon any personal property or fixtures used in connection with the Property), including non-governmental levies and assessments pursuant to applicable covenants, conditions or restrictions. If permitted by law, Developer may pay any Imposition in installments (together with any accrued interest). (a) Right to Contest. Developer shall not be required to pay any Imposition so long as (a) the validity of such Imposition is being actively contested in good faith and by appropriate proceedings, and (b) either (i) Developer has demonstrated to CMHA and OCHA ’s reasonable satisfaction that leaving such Imposition unpaid pending the outcome of such proceedings could not result in conveyance of any parcel in satisfaction of such Imposition or otherwise impair CMHA and OCHA’s interests hereunder, or (ii) Developer has furnished CMHA and OCHA with a bond or other security satisfactory to CMHA and OCHA in an amount not less than 120% of the applicable claim (including interest and penalties). (b) Evidence of Payment. Upon demand by CMHA and/or OCHA from time to time, Developer shall deliver to CMHA and OCHA within thirty (30) calendar days following the due date of any Imposition, evidence of payment of said Imposition reasonably satisfactory to CMHA and OCHA, unless Developer is contesting the imposition in conformity with Article 3, Section 1.1. In addition, upon demand by CMHA and/or OCHA from time to time, Developer shall furnish to CMHA and OCHA a tax reporting service for the Property of a type and duration, and with a company, reasonably satisfactory to CMHA and OCHA.

Section 3.2 Management of the Project.
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14 (a) Property Manager. Developer shall cause the Project, and all appurtenances thereto that are a part of the Project, to be managed in a prudent and business -like manner, consistent with property management standards for other comparab le affordable rental housing projects in Orange County, California. Developer shall contract with a property management company or property manager to operate and maintain the Project in accordance with the terms of this Article 3 Section 3.2. (“Property Manager”); provided, however, the selection and hiring of the Property Manager (and each successor or assignee Property Manager) is and shall be subject to prior written approval of CMHA and OCHA in their reasonable discretion. Any proposed property manag er shall have prior experience with rental housing projects and properties comparable to the Project. Approval of a Property Manager by CMHA and OCHA shall not be unreasonably delayed but shall be in their sole and reasonable discretion, and CMHA and OCHA shall use good faith efforts to respond as promptly as practicable in order to facilitate effective and ongoing management of the Project. Furthermore, the identity and retention of any approved Property Manager shall not be changed without the prior written approval of CMHA and OCHA, which approval shall not be unreasonably withheld or delayed, but shall be in their sole and reasonable discretion. The selection by Developer of any new Property Manager also shall be subject to the foregoing requirements. CMHA and OCHA hereby approve The John Stewart Company as the initial Property Manager.
(b) Management Plan . Developer shall prepare and submit to CMHA and OCHA for review and approval a management plan that includes a detailed plan and strategy for long ter m operation, maintenance, repair, security, social/supportive services to the extent committed by Developer to TCAC in connection with an allocation of Tax Credits for, and marketing of the Project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the Project (“Management Plan”). CMHA and OCHA’s approval of the Management Plan shall not be unreasonably withheld or delayed. Subsequent to approval of the Management Plan by CMHA and OCHA the ongoing management and operation of the Project shall be in compliance with the approved Management Plan. Developer and Property Manager may from time to time submit to CMHA and OCHA proposed amendments to the Management Plan, which are also subject to the prior written approval of CMHA (by approval of City’s Planning Commission) and OCHA, which approval shall not be unreasonably withheld or delayed.
(i) Gross Mismanagement. In the event of “Gross Mismanagement” (as that term is defined below) of the Project or any part of the Project, and subject to the requirements of any Lender or Tax Credit Investor, CMHA and OCHA shall have and retain the authority to direct and requir e any condition(s), acts, or inactions of Gross Mismanagement to cease and/or be corrected immediately, and further to direct and require the immediate removal of the Property Manager and replacement with a new qualified and approved Property Manager, if such condition(s) is/are not ceased and/or corrected after expiration of thirty (30) calendar days from the date of written notice from either CMHA or OCHA. If Developer or Property Manager has commenced to cure such Gross Mismanagement condition(s) on or before the 20 th day from the date of written notice (with evidence of such submitted to both CMHA and OCHA), but has failed to complete such cure by the 30 th day, then Developer or Property Manager shall have an additional ten (10) calendar days to complete the cure of such Gross Mismanagement condition(s).

In no event shall any condition of Gross Mismanagement continue uncured for a period exceeding forty-five (45) calendar days from date of the initial written notice of such condition(s). If such 374

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15 condition(s) do persist beyond such period CMHA and OCHA shall have the sole and absolute right to immediately and without further notice to Developer (or to Property Manager or any other person/entity) replace the Property Manager with a new property manager of the CMHA and OCHA’s selection at the sole cost and expense of Developer. If Developer takes steps to select a new Property Manager that selection is subject to the requirements set forth above for selection of a Property Manager.
(A) For purposes of this R egulatory Agreement, the term “Gross Mismanagement” shall mean management of the Project (or any part of Project) in a manner that violates the terms and/or intention of this Regulatory Agreement to operate a high quality, restricted affordable rental housing complex comparable to other similar complexes in Orange County, California, and shall include, but is not limited to, any one or more of the following:
(1) Knowingly or repeatedly leasing to tenants who are
not Qualified Tenants;
(2) Failing to timely maintain the Project in accordance with the Management Plan and the manner prescribed herein; (3) Failing to submit timely and/or adequate annual
reports to CMHA and OCHA as required herein;
(4) Fraud or embezzlement of Project funds, including
without limitation funds in any Project reserve accounts; (B) Notwithstanding the requirements of the Property Manager to correct any condition of Gross Mismanagement as described above, Developer is obligated and shall use commercially reasonable efforts to correct any defects in p roperty management or operations at the earliest feasible time and, if necessary, to replace the Property Manager as provided above. Developer shall include advisement and provisions of the foregoing requirements and requirements of this Regulatory Agreem ent within any contract between Developer and its Property Manager.

Section 3.3 Marketing. Subject to the tenant selection and marketing requirements set forth in Article 2, which provisions shall prevail in marketing the Units, Developer shall comply with an affirmative marketing plan reasonably approved by CMHA and OCHA, including methods for informing the public and potential tenants about the federal fair housing laws, procedures to inform and solicit applications from persons in the housing market area not likely to apply for tenancy at the Units without special outreach and recordkeeping methods that will permit CMHA and OCHA to evaluate the actions taken by Developer (or Property Manager) to affirmatively market the Units at the Project. Developer shall carry out the affirmative marketing procedures of the CMHA and OCHA to provide information and otherwise attract eligible persons from all racial, ethnic and gender groups in the housing market area to the Project. The Parties shall cooperate to effectuate this provision in connection with initial renting, upon occurrence of a vacancy, and upon the re-renting of any Affordable Unit.
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16 Section 3.4 Monitoring and Recordkeeping . On or before April 30 in each year following the Closing, Developer shall annually complete an d submit to CMHA and OCHA a certification of compliance substantially in the form provided by CMHA and OCHA .

Representatives of CMHA and OCHA shall be entitled to enter the Property during regular business hours, upon at least seventy-two (72) hours’ notice, to monitor compliance with this Regulatory Agreement, to inspect the books and records of the Project, and to conduct an independent audit or inspection of such records. Developer agrees to cooperate with CMHA and OCHA in making the Proper ty and all Units thereon available for such inspection or audit.

Developer agrees to maintain records in a businesslike manner, to make such records available to CMHA and OCHA upon seventy-two (72) hours’ notice. If Developer maintains such records at a location outside of the County of Orange, Developer shall reimburse CMHA or OCHA for any travel costs incurred by either of them in connection with inspection of those records outside of the County of Orange.

Section 3.5 Required Submissions. Developer shall annually submit to the CMHA and the OCHA, or cause the Property Manager to submit to the CMHA and OCHA, on or before March 1st of each year, the following reports:
(a) An annual rent roll for each Apartment in the Property, certified to be true and correct.
(b) An annual operating budget, and a quarterly reconciliation of the actual operating expenses to the operating expenses projected in the annual operating budget.

Section 3.6 CMHA and OCHA Right to Require Submittal of Audited Financial Statements for Property and its Operations. The CMHA and the OCHA expressly reserve the right to require Developer to submit (and in this regard Develope r hereby agrees to make available all records and allow to be conducted and prepared) audited financial statements for the Property and its operations. Such audited financial statements for the Property shall be prepared and completed by an independent certified public accountant (CPA) in accordance with GAAP (and generally accepted auditing principles, as applicable.) The CMHA shall select the CPA and completion of such audited financial statements shall be the sole financial responsibility of the Developer.

Section 3.7 Annual Report to CMHA and OCHA . In May of each year (or at such other reasonable time as required) the Developer sha ll submit an annual report for the previous calendar year to the CMHA and the OCHA in a form approved by the CMHA and OCHA. The annual report shall include for each rental Apartment covered by all Agreements, the rent, annual gross income, family size of l eased household, date the tenancy commenced and such other information as the CMHA and/or OCHA may be required by law to obtain.

Section 3.8
ARTICLE 4

MAINTENANCE OF THE PROJECT
Section 4.1 General Maintenance . Developer shall maintain the Property and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and 376

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17 graffiti, and in compliance with all applicable provisions of the City Codes. Developer shall maintain in accordance with the Maintenance Standards (as hereinafter defined) the improvements and landscaping on the Property. Such Maintenance Standards shall apply to all buildings, signage, common amenities, lighting, landscaping, irrigation of landscaping, architectural elements identifying the Property and any and all other improvements on the Property and the Project. To accomplish the maintenance, Developer shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facili ties, and any and all other items necessary to comply with the requirements of this Regulatory Agreement.

Section 4.2 Capital Reserve Contribution Requirements . Developer shall contribute and fund annually an account that is available for capital expenditures for repairs and replacement necessary to maintain the Property in the condition required by this Agreement (the "Capital Reserve Account"). Borrower shall deposit in the Replacement Reserve Account annually an amount equal to Two Hundred Dollars ($200) per unit. These deposits may terminate, or be stayed, if the cumulative balance in the Capital Reserve Account reaches twenty -five percent (25%) of the Annual Project Revenue (gross annual income); provid ed however, in the event the cumulative deposits/balance in such Capital Reserve Account fall below or are less than 25% of gross annual income at any subsequent time then Developer contribution and funding annually of the Capital Reserve Account in accordance with this Section 4.2 shall resume until such time as the cumulative balance reaches twenty-five percent (25%) of the Annual Project Revenue.

ARTICLE 5

COMPLIANCE WITH LAWS
Section 5.1 Governmental Requirements . Developer must carry out each activity in connection with the Project in conformance with this Regulatory Agreement and Governmental Regulations, to the extent applicable.

Section 5.2 Records and Reports . Developer shall maintain and from time to time submit to CMHA and OCHA such records, reports and information as CMHA and OCHA may reasonably require. Without limiting the following, Developer shall maintain records and submit annual reports as required by this Regulatory Agreement.

ARTICLE 6

COVENANTS
Section 6.1 Affordability Period. The provisions of this Regulatory Agreement shall remain in effect for the Term. This Regulatory Agreement shall bind any successor, heir or assign of Developer, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, with or without the approval of CMHA and OCHA, except as expressly released by CMHA and OCHA.

Section 6.2 Covenants to Run with the Land . CMHA, OCHA and Developer hereby declare their express intent that the covenants and restrictions set forth in this Regulatory Agreement shall run with the land, and shall bind all successors in title to the Property. Each and 377

Regulatory Agreement
(Costa Mesa Village)
18 every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless CMHA and OCHA expressly releases the Property from the requirements of this Regulatory Agreement.

Section 6.3 Transfers. The qualifications and identity of Developer as an experienced and successful developer and operator/manager of affordable housing are of particular concern to CMHA and OCHA. It is because of these identities and the qualifications that CMHA and OCHA have entered into this Regulatory Agreement with Developer. Accordingly, commencing on the Effective Date and throughout the Affordability Period , i.e., in perpetuity , except as provided below, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Regulatory Agreement, nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of t he Property, or any part thereof, or this Regulatory Agreement (collectively referred to herein as a “Transfer”) without the prior written approval of CMHA and OCHA, which approval shall not be unreasonably withheld or delayed.
(a) Permitted Transfers . Notwit hstanding the provisions of this Regulatory Agreement prohibiting transfer of any interest in Developer, the Property, the Project, and this Regulatory Agreement, the following transfers shall be “Permitted Transfers” for which CMHA and OCHA approval is not required:
(i) The granting of easements or permits to facilitate the rehabilitation of the Project.
(ii) An assignment for financing purposes to secure the funds necessary for the acquisition or rehabilitation and operation of the Project on the Property. (iii) Leasing of individual Affordable Units to Qualified Tenants in accordance with Article 2 of this Regulatory Agreement. (iv) The transfer of or all or any part of the Property, the Property, or the Project, or assignment of any Project Document to Century Affordable Development, Inc. (“CADI”), or to an entity controlled by or under common control with CADI, or to an entity or entities in which a CADI Affiliate is a general partner or managing member. (v) Following a transfer to a limited partnership, t he removal and replacement of the General Partner of Developer as directed by the Tax Credit Investor in accordance with the terms of the Partnership Agreement. (vi) The sale, transfer or pledge of any limited partnership interest or non-managing member’s interest in Developer or of any partnership or membership interest in the limited partner.
(vii) The sale, transfer, or conveyance of the General Partner’s interest in Developer to a CADI Affiliate.
378

Regulatory Agreement
(Costa Mesa Village)
19 In the event of a Transfer by Developer not requiring CMHA and OCHA’s p rior approval, Developer nevertheless agrees that at least fifteen (15) calendar days prior to such Transfer it shall give written notice to CMHA and OCHA of such assignment and satisfactory evidence that the assignee will assume all of the obligations of this Regulatory Agreement in writing through an assignment and assumption agreement in a form reasonably acceptable to CMHA and OCHA.
(b) CMHA and OCHA Consideration of Requested Transfer . CMHA and OCHA agree that it will not unreasonably withhold, condition, or delay approval of a request for approval of a Transfer made pursuant to this Section 6.3 (other than Permitted Transfers), provided Developer delivers written notice to CMHA and OCHA requesting such approval and includes the proposed assignment and assumption contract and, if required by CMHA and OCHA, all necessary and relevant background and experience information related to the proposed transferee. (i) An assignment and assumption agreement in f orm
reasonably satisfactory to CMHA and OCHA’s respective legal counsel shall be required for each proposed Transfer. Within ninety (90) calendar days after the receipt of Developer’s written notice requesting CMHA and OCHA approval of a Transfer pursuant to this Section 6.3, CMHA and OCHA shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, CMHA and/or OCHA reasonably require(s) in order to determine the request complete and d etermine whether or not to grant the requested approval.

Upon receipt of such a response, Developer shall promptly furnish to CMHA and OCHA such further information as may be reasonably requested. Upon the effective date of the approved or permitted Transfer, if an assignment and assumption agreement reasonably acceptable to CMHA and OCHA has been executed and delivered to CMHA and OCHA, the assignor shall be released by CMHA and OCHA from any and all obligations assumed by the approved or permitted assignee.
(c) Payment of CMHA and OCHA Third Party Costs re Proposed Transfer .

Any and all Third Party Costs incurred by CMHA and/or OCHA in connection with consideration and approval (or disapproval) of a proposed transferee for any Transfer shall be paid by Developer, and payment thereof shall be and remain a condition precedent to CMHA and OCHA’s obligation to approve and execute any Transfer document, including without limitation any assignment and assumption agreement.

ARTICLE 7

ENFORCEMENT AND REMEDIES
Section 7.1 Default Remedies. Subject to extensions of time set forth in this Article 7, failure by a Party to perform any action or covenant required by this Regulatory Agreement within the time periods provided herein following notice and failure to cure as described herea fter, constitutes a “Default” or “Event of Default” under this Regulatory Agreement. A Party claiming a Default shall give written Notice of Default to the other Parties specifying the Default. Except as otherwise expressly provided in this Regulatory Agreement, the claimant shall not institute any proceedings against any other Party, and such other Party shall not be in Default if such Party within thirty (30) days from receipt of such Notice, immediately and with due diligence, 379

Regulatory Agreement
(Costa Mesa Village)
20 commences to cure, correc t or remedy the specified Default and shall complete such cure, correction or remedy with diligence. In the event the Party in Default, or causing such Default, fails to cure within said thirty (30) days, or if such breach is of a nature that it cannot be cured within said thirty (30) days, then the defaulting Party shall commence to cure in an additional fifteen (15) days (i.e., within forty -five (45) days of Notice of Default) and the defaulting Party shall diligently complete such cure, correction or re medy within a reasonable time thereafter but in no event later than one hundred twenty (120) days from the date of the Notice of Default.

Section 7.2 Institution of Legal Actions. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Regulatory Agreement, any Party may institute an action at law or equity to seek specific performance of the terms of this Regulatory Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain an y other remedy consistent with the purpose of this Regulatory Agreement. Such legal actions must be instituted in the Superior Court of the County of Orange, State of California.

Section 7.3 Acceptance of Service of Process . In the event that any legal action is commenced against CMHA and/or OCHA, service of process on CMHA and OCHA, as applicable, shall be made by personal service upon the CMHA Secretary and OCHA Secretary, respectively, or in such other manner as may be provided by law. In the event that any legal action is commenced against Developer, service of process on Developer shall be made in such manner as may be provided by law and shall be effective whether served inside or outside of California.

Section 7.4 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Regulatory Agreement, the rights and remedies of the parties are cumulative, and the exercise by a Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other r ights or remedies for the same default or any other default by another Party.

Section 7.5 Inaction Not a Waiver of Default . Any failures or delays by any Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

Section 7.6 Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this Regulatory Agreement.

Section 7.7 Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Regulatory Agreement, performance by any Party shall not be deemed to be in Default, and all performance and other dates specified in this Regulatory Agreement shall be extended, where delays or Defaults are due to: war; insurrection; riots; floods; unusually severe weather; earthquakes; fires; casualties; acts of God; pandemics; epidemics; quarantine restrictions; acts of the public enemy; acts or omissions of another Party, or acts or failures to act of City or any other public or governmental agency or entity (excepting that acts or failures to act of CMHA (or City) and OCHA (or County) shall not excuse performance by CMHA (or City) or OCHA (or County). Notwithstanding anything to the contrary in this Regulatory Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall com mence to run 380

Regulatory Agreement
(Costa Mesa Village)
21 from the time of the commencement of the cause (or such longer period as is reasonably needed under the circumstances), if Notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of th e cause. Times of performance under this Regulatory Agreement may also be extended in writing by the mutual agreement of CMHA, OCHA, and Developer. The executive directors shall have authority to approve extensions on behalf of CMHA and OCHA not to exceed a cumulative total of one hundred eighty (180) days.

Section 7.8 Non-Liability of Officials and Employees of CMHA and OCHA .

No member, official, officer or employee of CMHA (or City) or of OCHA (or County) shall be personally liable to Developer, or any successor i n interest, in the event of any Default or breach by CMHA (or City) or of OCHA (or County) or for an amount, if any, which may become due to Developer or its successors, or on any obligations under the terms of this Regulatory Agreement.

Section 7.9 Relationship among CMHA, OCHA and Developer . It is hereby acknowledged that the relationship among CMHA (or City) or of OCHA (or County) and Developer is not that of a partnership or joint venture and that (i) CMHA, on the one hand, and Developer, on the other hand, shall not be deemed or construed for any purpose to be the agent of the other, and (ii) OCHA , on the one hand, and Developer, on the other hand, shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided in this Regulatory Agreement, including all Exhibits, CMHA (and City) or of OCHA (and County) shall not have any rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Project.

Section 7.10 Indemnification. The Developer shall defend, indemnify and hold harmless the Agency and the CMHA and their respective officers, agents, employees, representatives and volunteers from and against any loss, liability, claim or judgment relating in any manner to this Agreement, except for any such claim which results from the sole negligence or willful misconduct of the OCHA or the CMHA or their respective officers, agents, employees, representatives or volunteers.

Section 7.11 CMHA and OCHA Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by CMHA and/or OCHA, their respective executive director is authorized to act on behalf of CMHA and OCHA, as applicable, (and, if applicable, when action or approval of (i) City is necessary then the City Manager is authorized to act on behalf of City and (ii) County is necessary then the Chief Executive Officer is authorized to act on behalf of County), unless specifically provided otherwise or the law otherwise requires.

CMHA and OCHA may design ate City and County, respectively, to act on their behalf, as applicable, for some or all purposes of this Regulatory Agreement, provided that Notice thereof is provided to Developer; such Notice may be modified from time to time by instrument executed by CMHA and OCHA.

Section 7.12 No Third Parties Benefited . Except as provided herein as to City and County, this Regulatory Agreement is made for the purpose of setting forth rights and obligations of Developer, CMHA, and OCHA, and no other person shall have any rights h ereunder or by reason hereof.
381

Regulatory Agreement
(Costa Mesa Village)
22 ARTICLE 8

NOTICE
Written notice, demands and communications between and among CMHA, OCHA and Developer shall be deemed sufficient if dispatched by personal delivery, overnight delivery by a regarded courier service, registered or certified mail, postage prepaid, return receipt requested to the principal offices of CMHA, OCHA, and Developer, the addresses of which are hereinafter set forth. Such written notices, demands and communications may be sent in the manner prescribed to each other’s addresses as any Party may, from time to time, designate by mail, or the same may be delivered in person to representatives of a Party upon such premises. Said addresses are as follows:

If to Developer: c/o Century Affordable Development, Inc. 1000 Corporate Pointe
Culver City, CA 90230
Attention: Brian D’Andrea

If to CMHA: Executive Director
Costa Mesa Housing Authority
77 Fair Drive
Costa Mesa, CA 92626

If to OCHA: Orange County Housing Authority
c/o OC Community Resources/
Housing & Community Development
1501 E. St. Andrew Place, 1st Floor
Santa Ana, CA 92705
Attn: Executive Director

Notices herein shall be deemed given as of the date of personal service or three (3) consecutive calendar days after deposit of the same in the custody of the United States Postal Service.

ARTICLE 9

MISCELLANEOUS
Section 9.1 Severability. If any one or more of the provisions contained in this Regulatory Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Regulatory Agreement, and this Regulatory Agreement sh all be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein.

Section 9.2 Actions through Respective Executive Directors. CMHA and OCHA shall maintain authority of this Regulatory Agreement through their respective executive directors. 382

Regulatory Agreement
(Costa Mesa Village)
23 CMHA and OCHA’s executive directors shall have the authority to issue interpretations, waive provisions, and/or enter into certain amendments of this Regulatory Agreement on behalf of CMHA and OCHA so long as such actions do not materially or substantively change the land uses and affordable housing covenants required on the Property, and such interpretations, waivers and/or amendments may include extensions of time to perform. All other material and/or substantive interpretations, wai vers, or amendments shall require the consideration, action and written consent of the respective governing boards of CMHA and OCHA.

Section 9.3 Caption and Pronouns. The captions and headings of the various Articles and Sections of this Regulatory Agreement are for convenience only, and are not to be construed as confining or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural shall include the singular, and masculine, feminine and neuter shall be freely interchangeable.

Section 9.4 Attorneys’ Fees. In any action to interpret or enforce any provision of this Regulatory Agreement, the prevailing Party shall be entitled to its costs and reasonable attorneys’ fees and expert witness fees.

Section 9.5 Modification of this Regulatory Agreement . This Regulatory Agreement may be modified or amended by mutual consent of all Parties, provided that all amendments are in writing.
[Signature blocks begin on next page.]
383

Page S-1
IN WITNESS WHEREOF, the parties hereto have caused this Regulatory Agreement to be executed as of the day and year first above written.

DEVELOPER:

CADI XV LLC,
a California limited liability company

By: Century Affordable Development, Inc.,
a California nonprofit public benefit corporation,
its sole member/manager

By: _____________________________
Brian D’Andrea
Senior Vice President

[Signatures continue on next page.]

384

Page S-2
CMHA:

COSTA MESA HOUSING AUTHORITY,
a public body, corporate and politic
By:

Lori Ann Farrell Harrison
Executive Director

ATTEST:

APPROVED AS TO FORM:

By:

Kimberly Hall Barlow
Authority General Counsel

[Signatures continue on next page.]

385

Page S-3
OCHA:

ORANGE COUNTY HOUSING AUTHORITY,

By:

APPROVED AS TO FORM

By

386

Exhibit A

EXHIBIT A

LEGAL DESCRIPTION
The Land referred to herein below is situated in the City of Costa Mesa, County of Orange, State of California, and is described as follows:

PARCEL 1:

THE NORTHWESTERLY RECTANGULAR ONE -HALF OF LOT 57, AND THE SOUTHWESTERLY RECTANGULAR ONE-HALF OF LOT 59 OF TRACT NO. 300, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGES 11 AND 12 OF MISCELLANEOUS

MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
PARCEL 2:

THE SOUTHEASTERLY 150 FEET OF THE NORTHEASTERLY RECTANGULAR ONE - HALF OF LOT 59 OF TRACT NO. 30 0, AS SHOWN ON MAP THEREOF RECORDED IN BOOK 14, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE

COUNTY, CALIFORNIA
PARCEL 3:

THE SOUTHWESTERLY ONE-HALF OF LOT 57 OF TRACT NO. 300, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGES 11 AND 12 OF MISCELLA NEOUS MAPS,

RECORDS OF ORANGE COUNTY, CALIFORNIA
APN: 439-281-48
387

Exhibit B

EXHIBIT B

NOTICE OF AFFORDABILITY RESTRICTIONS ON

TRANSFER OF PROPERTY
This NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY (“Notice” or “Notice of Affordability Restrictions”) is executed and reco rded pursuant to Section 33334.3(f)(3)(B) of the California Health and Safety Code as amended by AB 987, Chapter 690, Statutes of 2007 (herein, “Chapter 690”).

Costa Mesa Housing Authority (“CMHA) and Orange County Housing Authority (“OCHA”) (together, “CM HA/OCHA”) and Developer entered into that certain Regulatory Agreement (Costa Mesa Village) dated as of ____________, 202 2 (“Regulatory Agreement”) related to Developer’s acquisition, renovation and operation of an existing 97-unit affordable housing project on certain improved real property with a common address of 2450 Newport Boulevard, Costa Mesa, California, which is referred to as the “Property” therein and legally described in the attached and fully incorporated Attachment 1. Capitalized terms not defined herein shall have the meaning established therefor in the Regulatory Agreement.

The Project will provide long -term affordable housing for eligible and qualified 50% AMI Very Low Income Households at an Affordable Rent. All covenants and restrictions for the Project are set forth in the Regulatory Agreement, which also is recorded among the Official Records of Orange County, California. In the event of an inconsistency between this Notice of Affordability Restrictions and the Regulatory Agreement, t he provisions in the Regulatory Agreement shall control.

388

Exhibit B
IN WITNESS WHEREOF, CMHA, OCHA, and Developer have executed this Notice of Affordability Restrictions as of the date first written above.

DEVELOPER:

CADI XV LLC,
a California limited liability company

By: Century Affordable Development, Inc.,
a California nonprofit public benefit corporation,
its sole member/manager

By: _____________________________
Brian D’Andrea
Senior Vice President

[Signatures continue on following page.]

389

Exhibit B
CMHA:

COSTA MESA HOUSING AUTHORITY,
a public body, corporate and politic
By:

APPROVED AS TO FORM:

By: __________________________

OCHA:

ORANGE COUNTY HOUSING AUTHORITY

By:

APPROVED AS TO FORM

By:

390

Exhibit B
ATTACHMENT 1

LEGAL DESCRIPTION
The Land referred to herein below is situated in the City of Costa Mesa, County of Orange, State of California, and is described as follows:

PARCEL 1:

THE NORTHWESTERLY RECTANGULAR ONE -HALF OF LOT 57, AND THE SOUTHWESTERLY RECTANGULAR ONE -HALF OF LOT 59 OF TRACT NO. 300, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGES 11 AND 12 OF MISCELLANEOUS

MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
PARCEL 2:

THE S OUTHEASTERLY 150 FEET OF THE NORTHEASTERLY RECTANGULAR ONE - HALF OF LOT 59 OF TRACT NO. 300, AS SHOWN ON MAP THEREOF RECORDED IN BOOK 14, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE

COUNTY, CALIFORNIA
PARCEL 3:

THE SOUTHWESTERLY ONE-HALF OF LO T 57 OF TRACT NO. 300, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGES 11 AND 12 OF MISCELLANEOUS MAPS,

RECORDS OF ORANGE COUNTY, CALIFORNIA
APN: 439-281-48
391

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ________________________ )

On ___________________ before me, ____________________________________, Notary Public,

personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

392

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ________________________ )

On ___________________ before me, ____________________________________, Notary Public,

personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) w hose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

393

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF ________________________ )

On ___________________ before me, ____________________________________, Notary Public,

personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evide nce to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC

394
ATTACHMENT 4

Costa Mesa Village

PROPERTY MANAGEMENT PLAN
Property
2450 Newport Boulevard
Costa Mesa, CA 92627
Owner
Century XV LLC
1000 Corporate Pointe
Culver City, California 90230
Property Manager
The John Stewart Company
888 S. Figueroa Street, Suite 400
Los Angeles, California 90017
Lead Service Provider
Century Oasis Resident Services.
2001 River Avenue
Long Beach, California 90810
Public Agency
City of Costa Mesa
92 Fair Drive
Costa Mesa, California 92626
Dated
January 5, 2022
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Property Management Plan

TABLE OF CONTENTS
PROPERTY MANAGEMENT PLAN ........................................................................................... 1 1 Property Management Plan Goals and Objectives ............................................................... 5 2 Authority, Budget, Accounting & Administration ............................................................... 6

2.1 Authority ......................................................................................................................... 6

2.2 Budgeting ......................................................................................................................... 6

2.3 Fees and Compensation .................................................................................................. 6

2.4 Compliance with Regulatory or Lender’s Requirements. ............................................. 6

2.5 Insurance ......................................................................................................................... 7

2.6 Monthly Financial Report .............................................................................................. 7 3 Building Maintenance ............................................................................................................ 8

3.1 Unit Inspections .............................................................................................................. 8

3.2 Preventative Maintenance .............................................................................................. 9

3.3 Building and Custodial Maintenance ........................................................................... 10

3.4 Grounds Maintenance/Landscaping ............................................................................. 10

3.5 Service and Work Order Call System .......................................................................... 10

3.6 Green Management ....................................................................................................... 10 4 Safety and Security Plan ....................................................................................................... 11

4.1 Emergency Response Plan ............................................................................................ 11

4.2 Asset Protection and Security ...................................................................................... 14 5 Utilities .................................................................................................................................. 16 6 Property Management Practices, Policies & Procedures ................................................... 16

6.1 Lease Enforcement Processes: ...................................................................................... 16

6.2 Occupancy Guidelines .................................................................................................. 17

6.3 Four-Step Housing Retention Action Plan .................................................................. 17

6.4 Rent Collection Processes ............................................................................................. 20

6.5 Rent Increases................................................................................................................ 21

6.6 Reasonable Accommodations/Modifications ............................................................... 21

6.6 Behavioral Policies ........................................................................................................ 21 396

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Property Management Plan

6.7 Grievance Procedure ................................................................................................... 23

6.8 Responsibility/Governance ........................................................................................... 24

6.9 Pet Policy ....................................................................................................................... 24

6.10 Live-In Attendant ......................................................................................................... 24

6.11 Forms and Agreements ................................................................................................. 24

6.12 Tenant File Management .............................................................................................. 25

6.13 Guest Policy ................................................................................................................... 24

6.14 Site Access and Parking ................................................................................................ 24

6.15 Video Camera Monitoring ............................................................................................ 24

6.16 Tenant Amenities .......................................................................................................... 24

6.17 Section 811 ...................................................................................................................... 25 7 Property Management Staffing Plan ................................................................................... 26

7.1 Staffing Plan .................................................................................................................. 26

7.2 Training ......................................................................................................................... 27

7.3 Employee benefits ......................................................................................................... 27

7.4 Employee grievance procedures ................................................................................... 27

7.5 Employee termination procedures ............................................................................... 28 8 Target population, Preferences and Referrals ..................................................................... 28

8.1 Referral Process- General ............................................................................................. 28

8.2 Waiting Lists .................................................................................................................. 29 9 Resident Selection, Income Eligibility and Certifications ................................................. 30

9.1 Resident Selection ......................................................................................................... 30

9.2 Initial Income Eligibility .............................................................................................. 30

9.3 Recertification ............................................................................................................... 30

9.4 Re-occupancy Procedures............................................................................................. 31

9.5 Confidentiality .............................................................................................................. 31 10 Supportive Services & Residential Coordination Plan .................................................... 32

10.1 Lead Service Provider ................................................................................................... 32

10.2 Implementation ............................................................................................................. 32 397

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Property Management Plan

10.3 Housing First Philosophy ............................................................................................. 32

10.4 Community Collaboration ............................................................................................ 33

10.5 Resident Retention ........................................................................................................ 33

398

5 Costa Mesa Village
Property Management Plan
1 PROPERTY MANAGEMENT PLAN GOALS AND OBJECTIVES
Century Affordable Development, Inc. (“CADI” or “Owner”) is committed to maintaining its properties to the highest standards and enriching the lives of the people who reside in its buildings. Whether self -performed through our property management affiliate, Century Villages Property Management, or through a third party, CADI’s property manag ement services are delivered within the context of Century Housing Corporation’s mission of financing, building, and operating exceptional affordable housing so that the people we serve may have a dignified home, a healthy and hopeful future and attain economic independence.

The Owner, through the Management Company , takes responsibility for coordinating maintenance and operations of the Costa Mesa Village Project (“Property”), a 97-unit low- income development for individuals and small households in Costa Mesa, California. CADI’s Management Company will oversee all leasing, resident selection criteria, priority guidelines for the replacement units; eviction policies; community rules; security and emergency services; social services; and day -to-day management of operations. The Management Company will be responsible, by means of periodic budgets, financial statements, and status reports, for advising the development team on the operation of the Project. In addition, the following procedures shall be follow ed to ensure effective day -to-day operations and cooperation between the Management Company.
a. Day-to-day operation of the project will be under the direct supervision of the Property Manager who will report to the Property Supervisor (to be employed by the Management Company).
b. A senior management member of the Management Company will be the representative reporting to CADI.
c. Regularly scheduled meetings with Century’s Oasis Resident Services (“CORS”), who is the Lead Service Provider (at least monthly)
Owner and Management Company acknowledge that there are multiple public agencies involved in the development and operation of the Property, including the City of Costa Mesa, the County of Orange, and the California Housing Finance Agency, among others . The Property shall be managed in a manner that complies with all applicable regulations and policies (“Operative Regulations”) of vested stakeholders, including those named above. The Operative Regulations shall supersede any term, condition, or language contained within this Property Management Plan that is inconsistent with said Operative Regulations.

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Property Management Plan
2 AUTHORITY, BUDGET, ACCOUNTING & ADMINISTRATION

2.1 AUTHORITY
The areas in which Property Manager may make decisions without consulting the Owner include, but are not limited to:

1. Personnel. All hiring, supervising, directing, contracting , and termination of on - site personnel and determination of compensation.

2. Government requirements. Such activities as may be necessary to comply promptly with any and all governmental requirements affecting the Project, except that in such cases Property Manager will notify the Owner after performing such activities unless the Owner instructs Property Manager in writing not to do so.

3. Compliance. Compliance with the pertinent requirements of the regulatory agreements (if any) as they pertain to management of the Project.

2.2 BUDGETING
The Annual Operating Budget for the Project will be prepared by the Management Company.

Financial accounting, reports , and records will be in conformance with standard accounting procedures, and responsive to the guidelines provided by the regulatory agencies connected with the property. The Management Company will maintain accurate files of all resident transactions, revenue, and expenditures. Monthly deposits shall be made to the Replacement Reserve Account each month to ensure it is funded to cover any needed maintenance repairs.

2.3 FEES AND COMPENSATION
Property Manager will be paid a manage ment fee and other fees for accounting, marketing , and consulting as applicable and outlined in the Management Agreement. The Property Manager will cover, from the fees, expenses incurred in the performance of its duties, such as off-site office overhead, bookkeepers, secretaries, etc. The Project will pay for, out of the General Operating Account, expenses incurred by the Project including on -site office overhead, administrative and maintenance staff, maintenance costs, etc. In addition, the Project will be responsible for a payroll ¬processing fee.

2.4 COMPLIANCE WITH REGULATORY OR LENDER’S REQUIREMENTS.

The Property Manager will ensure that appli cable residents (if any) meet income and other eligibility requirements for purposes of meeting the Regulatory Agreement or Lenders' requirements. Agent’s Accounting Manager and Regional Manager will be responsible for 400

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ensuring the coordination of all fina ncial reporting and accounting requirements of the Project.

Property Manager will comply with all reporting requirements of the Regulatory Agreements.

The Property Manager will assist the Auditors in the preparation of the annual audited financial statements. The Auditor will be required to make his/her arrangements for schedules and reconciliations at the expense of the Project. The Owner will select the Auditors. The Agent will also provide the certifications and other information required in connection w ith the payment of capital contributions.

2.5 INSURANCE
The Owner will inform the Property Manager of insurance to be carried with respect to the Project and its operations, and the Property Manager will cause such insurance to be placed and kept in effect at all times. The Owner will place and approve the insurance coverage. The Property Manager will pay premiums out of the General Operating Account (or mortgagee impound), and premiums will be treated as Project expenses. All insurance will be placed with such companies, on such conditions, in such amounts, and with such beneficial interest appearing thereon as shall be acceptable to the Owner and approved by Lenders. Such insurance will include public liability coverage, with the Agent designated as an insured party, in amounts acceptable to the Property Manager and the Owner. The Property Manager will investigate and furnish the Owner with full reports of all accidents, claims, and potential claims for damage relating to the Project and will cooperate with th e Owner and Lenders’ insurers in connection therewith.

2.6 MONTHLY FINANCIAL REPORT
A Monthly Financial Report will be provided to the Owner which includes a statement of receipts and disbursements, a schedule of accounts payable, an income/profit and loss statement with current month and year -to-date budget comparisons, a balance sheet, a trial balance, copies of monthly bank statements and reconciliations, rent roll, and a list of the balances in all bank accounts as of the last day of the previous account period. The report shall set forth the applicable data for the prior month and year -to-date. Cash flow will be closely monitored. These monthly accounting reports will be provided on the 20th of the following month on an ongoing basis. To the extent possibl e, the Management Agent will submit all reports electronically to the Owner and other entities, as required. 401

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3 BUILDING MAINTENANCE
The Management Company believes that the on -site staff is of critical importance to the success of the property, thus maintains the highest employment standards for our Management Company employees. The Management Company maintains positive and regular communication with reside nts and promptly completes requests and address es complaints.

The Management Company staff responds to and/or completes all resident work order requests within 24 hours of receipt.

3.1 UNIT INSPECTIONS
For all inspections, Management Company Staff must make reasonable effort to conduct the inspection in the presence of the resident. Management Company Staff must give residents at least twenty -four-hour notice of entry. If the resident is not present, the Management Company Staff must receive verbal or written permission to enter and leave a notification that they entered the unit after the inspection is completed. a. Move-Out Inspections: When a unit has been vacated, the Property Manager will provide the resident with an opportunity to receive a Pre-Move-Out Inspection. At this time, the Management Company Staff will inspect the unit with the resident and determine any damages to be corrected or cleaning necessary over and above normal wear and tear, which shall be charged against the security deposit. A resident may, but will not be required to, participate in this inspection. The move -out inspection form will be compared to the move-in inspection form to determine the extent of resident - caused damages.
b. Move-In Inspections: Move-In inspections are required at the time the resident signs their lease and receives the keys. Prior to the resident moving in, the resident must initial that the unit is in decent, safe, and sanitary condition as per program requirements. Move-In inspections establish the actual condition of the unit before the resident begins occupancy. All Move-In inspections must be conducted in the resident’s presence and with Management Company Staff present. For any items indicating repair, replacement, or needing cleaning, a work order must be generated immediately.

When the work order is completed, the inspection must be updated and initialed by the resident as complete.
c. Annual Unit Inspections: All units must be inspected annually by Management Company Staff. The purpose of the annual unit inspection is to evaluate the physical condition of each unit. Management Company Staff may conduct unit inspections on a mass schedule or based on the Move-In date but must be according to the determined schedule. All annual inspections must be conducted in the resident’s presence and with the management company staff - including the property manager and property 402

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maintenance technician present. For any items indicating repair, replacement , or needing cleaning; a work order must be generated immediately. When the work order is completed, the work order must be updated and signed by the resident as complete.

Any issues found during an annual inspection must be addressed. If a repair is necessary, a work order mus t be issued. The resident must be notified and must authorize entry for the work order. If it is determined that the resident is responsible for the deficiency, a letter must be issued to the resident explaining the issue and notifying them of the required remedy.
d. Pre-Move-Out Inspections: Residents giving a 30 -day written notice have the right to request a Pre-Move-Out inspection to be conducted 2 weeks prior to the Move -Out date. The intent of the inspection is to provide the resident with information about any damages or deficiencies that may exist in the unit and to allow the resident to make proper repairs and avoid forfeiture of some or all of their security deposit. At the time the Management Company office staff receives the 30-day written notice, th e Management Company o ffice staff and the resident must complete the Notice of Resident Option to Conduct Initial Inspection. All Pre-Move-Out inspections must be conducted in the resident’s presence and with the Management Company’s Property Manager and Maintenance Technician present. The unit inspections and the inspections must be conducted in pairs.

3.2 PREVENTATIVE MAINTENANCE
Inspections will be made on the exteriors and common areas for security and preventative maintenance purposes on a weekly, monthly, and quarterly basis. In general, the Project components will be inspected as follows:
a. On-site physical inspections are conducted periodically by the Property Manager.

This would be augmented as needed through inspections by the Management Company’s Property Supervisor;
b. Mechanical equipment inspection semi-annually or as needed; c. Walk-through with contract services quarterly and as needed; d. Roof inspections in the fall of each year and as needed; e. Internal components inspected by Management Company Property Manager or Management Company Regional Property Supervisor semi-annually or as needed; f. Exterior components such as lighting, building siding, asphalt, sidewalks, roof, etc. are inspected routinely (daily, weekly or monthly) as applicable by the Management Company Property Manager and Management Company Maintenance staff or vendor and periodically by the Management Company’s Property Supervisor typically in the Spring and Fall;
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g. Lighting and security inspections are conducted routinely by on-site personnel and off-site personnel (as indicated in 6 above);

3.3 BUILDING AND CUSTODIAL MAINTENANCE
Each member of the Management Company Staff must contribute to maintaining a clean property. When there is trash visible on the property, all members of the staff must pick up the trash immediately. The property and common areas must be dusted and cleaned on a daily basis. Management Company Staff is responsible for managing janitorial vendors to keep the property clean at all times. Office Staff must communicate to the Management Company’s Property Supervisor if the janitorial vendors are not meeting Century’s standards.

Unit Maintenance and Preve ntative Maintenance will be completed by the on-site Management Company Maintenance Staff.

Non-Routine maintenance/repairs of items outside of the Maintenance staff skillset and ability will be completed by a third -party vendor selected by the Management Company Staff and Management Company Property Supervisor as needed.

3.4 GROUNDS MAINTENANCE/LANDSCAPING
Outside contractors will be utilized on an as -needed basis, except for grounds maintenance, which will be contracted to an outside landscaping company, and for routine garbage removal and extermination services.

3.5 SERVICE AND WORK ORDER CALL SYSTEM
The Management Company requires a Work Order Request form to be verbally requested or filled out and signed by the resident for all repairs completed in a unit. Req uests can be made by telephone, in-person, online, or in writing. Management Company Office Staff will assess each work order based on level of criticality and will respond based on level of priority ranging from emergency (within one hour) to deferred (work completed within one month). These response times will vary based on the criticality of each as signment. Office Staff must communicate the timing with the resident within 24 -48 hours. The work order form is primarily used by residents when Management Company Office Staff is unavailable. It identifies the service required and the preferred time of se rvice and is a record. Emergency and urgent repairs must be completed even if no work order form is filled out. Failure to complete a written work order is not grounds for a repair not being completed.

3.6 GREEN MANAGEMENT
The Property Management Company practices energy conservation at all properties. 404

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a. Energy Conservation: Thermostats, HVAC systems, lighting , and other electrical devices are inspected as routine preventative maintenance to ensure they are working efficiently.
b. Water Conservation : Management Company Property Staff must fix leaks immediately, not over irrigate the landscaping and only water during late-night hours, turn off irrigation systems during rainstorms (put systems on rain delay) and continually monitor the water and plants while walkin g around the property.

Management Company Staff are expected to keep a consistent dialog with the entire team and watch for signs of stressed plants and work together to fine-tune the landscaping water needs.
c. Resident Engagement: Management Company Staff to spend time with residents educating them on sustainability measures and environmental conservation.

Resident engagement in conservation measures is critical. d. Green Education: As part of the initial move-in process, the Management Company will provide new residents with an educational flyer about the building’s green features and benefits.
4 SAFETY AND SECURITY PLAN
Safety and security of the residents and property are of the utmost importance to the Property Management company. All Century-managed properties have security cameras in place to help protect the residents and property along with access control systems. The Property Management Company will implement a comprehensive Safety and Security Plan along with an Emergency Response Plan (“ERP”) and perform regular emergency preparedness drills.

The Property Management Company adheres to a proactive approach concerning emergencies. The company participates in annual emergency preparedness drills such as The Great Shake -Out, Shelter in Place , and Active Shooter drills . It is vital that Management Company Staff be prepared for the variety of emergencies that may occur at any time. Office Staff are responsible for responding to all emergencies that occur on the property. This may entail ensuring th at the property has appropriate emergency coverage (on -call maintenance with backup personnel). If circumstances prohibit Office Staff from temporarily taking this responsibility, they must notify the answering service to refer all emergencies to another staff member or the Property Supervisor.

4.1 EMERGENCY RESPONSE PLAN
The property Emergency Response Plan (ERP) includes the following:
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1. Resident Education: All residents and staff will be trained annually on the ERP . Incoming residents will receive training on the ERP during their new resident orientation.

2. Emergency Binder: Management Company Staff must create and consistently maintain a current and accurate Emergency Preparedness Binder with an Evacuation Plan for all residents on the property. This includes utilizing maps with detailed descriptions of how to exit the building(s) in the event of an emergency. Local fire departments or the Red Cross may assist with this plan. For additional support, contact the Resident Services department or the Regional Property Supervisor.

3. Evacuation Plan: The Property Management Company requires all properties t o have an evacuation plan. The evacuation plan will be specific to each building and produced with specific plans including exit areas, emergency response locations, and resident evacuation safe zones. The evacuation plan will include the egress stairways located at the building with the egress doors for exiting the building in the event of an emergency. Management Company’s designated Emergency Management Team Leader must discuss their property- specific plan with their Management Company’s staff. Management Company Staff must be familiar with the emergency evacuation plan and practice it periodically . The evacuation plan is distributed to all residents upon Move -In (updates must be distributed to current residents). Evacuation plans may also be pos ted on bulletin boards, in the laundry room, elevators, stairwells, and hallways, as appropriate.

4. Management Company Approach to Handling Emergencies:
a. Only deal with the situation at hand and re-evaluate. b. Go above and beyond. Take care of all residents and any affected neighbors. c. Staff must never put themselves in harm’s way.
d. In the event of an emergency that requires evacuation, it is important to have a plan and follow it. Below are some basic steps Management Company Staff must follow:
i. The safety and survival of the Management Company Staff and residents are the top priorities.
ii. Call 911 for help as soon as it is safe or possible to do so. iii. Evacuate in a safe and orderly manner to the designated evacuation area .

Residents can help one another when it d oes not jeopardize either person’s safety.
iv. Office Staff will put forth their best effort to assist residents but must not put themselves in harm’s way. If a resident refuses to leave their unit , Management Company Staff must keep moving forward with the evacuation and will inform hall monitors to do the same.

5. Following an evacuation, the Management Company Staff must do the following:
a. Utilize the Property Management Company Emergency Response System. 406

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b. Utilize Phone Tree to contact key help (phone tree can be obtained from the Resident Services department or the Property Supervisor). c. Gather the team and assign responsibilities. The team may include Management Company Staff, hall monitors, other residents, or other members of the community available to help. Responsibilities may include:
i. Resident Care: Food, water, medication, first aid, contacting relatives, and booking overnight lodging.
ii. Property Care: Assessing damage and immediate necessary repairs. iii. Take Roll Call: Is everybody accounted for? It is important to have a list of missing residents for emergency personnel. Management Company Staff must not re-enter a building after it has been evacuated to search for missing personnel. Emergency personnel will advise the Management Company Staff when it is safe to re-enter the building.

6. Resident Emergency Contacts: All resident emergency contact information must be consistently entered and maintained in the company database. This information is vital if an emergency occurs at the property. At annual recertification, Office Staff must request any updated emergency contact information and update it in the company database.

Anytime that a resident notifies Office Staff of a chang e in their emergency contacts they must update it within 48 business hours.

7. Resident Roster or Roll Call List : If an emergency requiring evacuation occurs, the Management Company Staff must have a quick way to determine who is still in the building and th eir likely location. Office Staff must have an updated Resident Roster or Roll Call list. After an evacuation, it is vital that roll is taken as soon as possible so that the information on any missing individuals can be shared with emergency personnel.

8. Emergency Drills: New properties must practice their emergency evacuation drill within six months of the lease -up. Management Company Staff and hall monitors must practice their role in an evacuation drill periodically, but not less than twice a year.

9. Fire Protection:
a. Fire Monitoring: All properties must contract with a fire monitoring and protection company that services the property fire alarm systems in accordance with local, state, and federal law. Management Company Staff must ensure all required fire and life safety inspections are completed on time. The fire monitoring and protection company conducts all annual inspections of and repairs for fire/life safety systems. b. Fire Extinguishers: Fire extinguishers must be inspected on a monthly basis as part of the preventative maintenance and safety program. Each fire extinguisher has a tag attached that must be initialed by the Management Company Staff member conducting the inspection monthly. The extinguisher must be checked for damage, that the charge arrow is in the green, that the pin is present, that the service tag is 407

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not expired, and that there are no other obvious issues including corrosion, broken pieces, or rusting on the box or extinguisher.
c. Smoke Alarms: All smoke detectors will be hard-wired. Per the California State Fire Marshal Information Bulletin 13 -006, Effective July 1, 2015, all battery-operated smoke alarms must also comply with Provision (1) which shall contain a non - replaceable, non-removable battery that is capable of powering the smoke alarm for at least 10 years. There must be smoke alarms on each floor, in each sleeping room, and in the immediate vicinity outside of the bedrooms (i.e. , a hallway). Staff must upgrade smoke detectors to 10 -Year batteries as they stop working and/or during unit turns. Maintenance Staff must install and maintain the detectors and may enter a unit for the purposes of installing, repairing, and testing with proper 24 -hour notice.
d. Carbon Monoxide Alarms: Buildings will not have an attached parking garage and will not have any appliances that utilize a fossil fuel source. (A fossil fuel is coal, kerosene, oil, wood, fuel gases, and other petroleum or hydrocarbon products that emit carbon monoxide as a byproduct of comb ustion.). The common area laundry room will have dryers that are natural gas-powered and there will be carbon monoxide alarms installed. Both smoke alarms/detectors and carbon monoxide devices are required to be installed in all dwellings. A combination sm oke and carbon monoxide alarm/detector will satisfy both requirements. At a minimum, Carbon Monoxide devices must be installed outside each sleeping area in the unit.

Maintenance Staff must install and maintain the detectors and may enter a unit for the purposes of installing, repairing, and testing with proper 24-hour notice.

4.2 ASSET PROTECTION AND SECURITY
The Management Company takes practical and prudent care to safeguard the security of each property, its residents, the resident files, and its staff members. It is essential that the residents and employees feel secure at all times and the property be protected from damage. Fai lure to adhere to the security requirements may result in corrective action. The Management Company Staff is the first line of defense against a security breach. Preventative measures must be taken to ensure the safety of the property, residents, and Management Company Staff. The items listed below are examples of things that must be considered in securing the property.

This is not meant to be an exhaustive list. Management Company Staff must promote security in the following practices:
a. All security devices must be properly maintained and be in constant operating order.

This includes cameras, doors, locks, gates, and fences. 408

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b. Develop a relationship with local law enforcement and emergency response agencies including.
c. All staff are encouraged to become Certifi ed in Community Emergency Response (C.E.R.T.) program provided in the local area.
d. Follow all mandatory screening requirements for all residents. e. Walk the property daily and intermittently to look for possible weaknesses in the security of the property including, but not limited to malfunctioning gates, burnt lights, and possible outside access points.
f. Universally enforce the lease and rental agreement, house , and ground rules, and the addendum for housing that is smoke-free and drug-free (other than properly prescribed medication).
g. Note and correct general conditions such as rust on fences that could cause compromise to the structure’s integrity.
h. Look for evidence of forced entry, document with photos and/or video , and immediately correct.
i. Maintain proper and adequate lighting and ensure the absence of dark areas around the property. Not only does adequate lighting look nice, but it also serves as a deterrent against crime. Management Company Staff must replace all non -functioning lighting immediately. Ins tall lighting systems in unusually dark areas. The company also requires trees and shrubs to be trimmed to remove potential hiding places. j. Look for evidence of loitering in dark areas and stairwells. Such evidence might be trash, cups, and cigarette butts, or drug paraphernalia. k. Look for unauthorized vehicles surrounding the building. l. Re-key locks and re-code remote controls.
m. Ensure all Security Cameras are working.
n. Maintain fences in good condition (not cut or broken, no damage or abnormalities). o. Ensure gates and locks properly operate to ensure adequate security. p. Office Staff are required to record security breaches on an incident report form.

Incident report forms must be sent to the Property Supervisor immediately following completion.

5. Office Security: The management office must be secured when not occupied. Computers, electric equipment, security DVR systems, rent checks, resident files, and all other office valuables must be secured by the Office Staff even if the absence is intended for a short time.

6. Property Safety: Management Company Staff are responsible for identifying and correcting most small hazardous conditions. Where correction is beyond their expertise or expense authorization level, Management Company staff must contact the Property Supervi sor. 409

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During daily property inspections and walks of the Property Management Company staff, at a minimum, must look for:
a. Trip hazards
b. Fire hazards
c. Slip hazards such as slick wet surfaces
d. Flood hazards
e. Damaged benches
f. Obstructions
g. Lighting and dark areas
h. Nonfunctioning security devices
i. Parking hazards
5 UTILITIES
The following utilities will be available at the property:
a. Water: The provider will be Irvine Ranch Water District and the water fees for the common areas and units will be paid for by the owner.
b. Electricity: The provider will be Southern California Edison and the electricity fees for the common areas of the property will be paid for by the owner . In -unit electricity expenses will be paid for by the owner directly to the utility provider. c. Gas: The provider will be SoCalGas and the gas fees for the property will be paid for by the owner.
d. Trash: The provider will be Waste Management and the trash fees for the property will be paid for by the owner.
e. Sewer: The provider will be Costa Mesa Sanitary Dis trict and the sewage fees for the property will be paid for by the owner.
6 PROPERTY MANAGEMENT PRACTICES, POLICIES & PROCEDURES

6.1 LEASE ENFORCEMENT PROCESSES:

Lease and rules violations will be addressed by the Property Management Staff in partnership with the onsite Service Provider utilizing a 4 -Step Housing Retention Action Plan ( “HRAP”) as outlined below.
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6.2 OCCUPANCY GUIDELINES
The Project has adopted standards for the number of persons initially permitted to occupy units. These standards conform to Lender’s, Owner's and/or regulatory guidelines. These standards shall be used at initial occupancy. Following are the unit size assi gnment standards subject to the clarifications and considerations indicated below:

*reasonable accommodation requests may be considered when determining occupancy.

If and when the household is “over-housed” (under-occupied), i.e., too few people for the unit, the household will be required to move to the next available appropriate sized unit. If the household is “under-housed” (over-crowded), the household will be required to move to the next available appropriate-sized unit. If no applicable unit size is available, for the household size, the household may be required to move, if required or allowed by regulation and law.

6.3 FOUR-STEP HOUSING RETENTION ACTION PLAN
We understand that many of our residents have multiple barriers and may have been unsuccessful in other housing environments. During their residency, we may expect some residents to exhibit behaviors that can jeopardize their housing stability.

The Four-Step Housing Retention Action Plan (“HRAP”) below serves as a tool for the service provider and property manager to work collaboratively to promote housing success for our residents. Through clearly detailing property management and supportive services roles, this housing team aims to build trust, safety, and transparency, with clear expectations for how lease violations and behavior issues will be addressed by all parties. This plan has been developed and adapted through years of experience within the supportive housing community context.

Furthermore, we believe that housing retention plans can and will empower residents to live independently within a supportive framework, building efficacy when implementing skills that promote housing stability. The following four‐step plan is designed with this in mind, in order to reduce housing displacement and promote housing retention.

Step One
Resident concern/issue is noted: example; potential lease violation, display of atypical behavior (ex. late rental payment, personality changes, etc.)
Property Manager Supportive Services
Unit Size Minimum # of Persons Maximum # of Persons*
Studio 1 1
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 Notifies SS of concern by emailing a referral
which details the concern(s) and bringing it to
their joint weekly meeting. Be sure to include
important dates and history and/or bring file
to meeting, so next steps can be discussed.
 Include notes in resident’s file.
 If rent payment, issue Pay or Quit notice by
the 7th of the month.
 Non‐rent issue courtesy notice may be sent to
resident.

 Follows up with conversation, one-on-one
 Assesses for ongoing chall enges to follow
rules.
 Identifies supports to meet expectations
 Reviews lease terms.
 Coordinates between service providers
(such as VASH, DHS, DMH) as needed

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Step Two
Resident concern/issue continues: a reasonable period passes (typically 30 days) with no change in the same behavior/problem. Rent remains unpaid, neighbor issues have not been resolved, or a clear lease violation has occurred.

Property Manager:
 Notifies SS of violation/concern, discusses
with SS next step. Be sure to include
important dates and history of same violation
if applicable
 If written lease violation is agreed upon, PM
will issue it within 2 business days
 PM will email SS a copy of violation before/at
same time it is served
Supportive Services:
 File notice in Housing file section
 Meet with resident one on one
 Verbally create housing retention plan
 Explore situational factors and assess barriers
 Identify community resources
 Connect to necessary supports to follow lease

Step Three
Resident concern/issue progresses: the resident issue remains unresolved. If there has been an agreed upon designated period for correction, that time has passed. In cases where resident or staff safety is at risk, plans may immediately escalate to a step 3.

Property Manager:
 Issues (3/30)‐Day Notice Cure or Quit within
48 hours of agreement with SS (usually at
standing meeting)
 Notifies SS with electronic CC: of notice
 Coordinates meeting with resident and SS
 PM reviews and signs resident’s proposed
Housing Retention Plan during retention
meeting with resident, PM and SS
Supportive Services:
 Creates a document plan with the resident
with date to review intended plan, results,
and end of plan date. (note: will create
updates as needed, upon plan review date)
 Identifies barrier and 3 support items
 Bring plan to meeting with resident and SS
 Set regular meetings to support plan details

Step Four
Resident concern/issue continues: The period designated by the Housing Retention Plan has passed and there has been no reasonable update in the concern.

Property Manager:
 PM discusses next step with SS
 PM issues 30 or 60‐day notice to quit
 Notifies SS through electronic copy of notice
 If resident elects to leave in designated time
frame, will stop any formal eviction
proceedings

Supportive Services:
 Responds in the designated time frame
 Looks for community resources and supports
 Connects to legal supports if resident wants
to fight eviction
 Explores resident’s housing options
 Identifies alternative housing
 Assists resident with relinquishing to avoid
eviction
 Problem solves potential issues to obtaining
apartment (budgeting, etc.)

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6.4 RENT COLLECTION PROCESSES
a. Collecting Rent: Office Staff must deposit by way of scanning all rent receipts each day they are received . Office Staff may not hold checks that are valid (dated the day received) overnight and must make every attempt to deposit all rent and security deposit checks the day they are received. The security deposit is typically equal to one month’s rent and is collected at the time the lease is signed and shall be deposited into a separate account.
b. Security Deposit: The Security Deposit Account may be a separate interest -bearing account (at the Owner's direction), which is FDIC insured. The interest on the security deposits will be distributed according to the Owner's directives and applicable law, if any. At the time a resident vacates the unit, a move -out inspection will be conducted with the resident, where possible. All items needing cleaning or repair plus the charges or estimated charges for each will be determined at the time of inspection. Both the Property Manager and the vacating resident will sign the inspection form. The final closing statement and refund of security deposit, less any charges for rent, fees, damage, etc. (excluding normal wear and tear) will be prepared for each vacating resident itemizing any charges to be made against the security deposit and forwarded to each vacating resident within 21 days of their vacating.
c. Rent Check, Cashier Chec k, or Money Order Theft : Properties must have a secure location to accept rent checks. Secure means behind a locked door, in a locked drawer. d. Payment Accepted: Office Staff are prohibited from accepting cash as rent payment.

Residents may pay their rent online through our online portal or in the form of a check, cashier’s check, or money order made payable to the designated entity for Costa Mesa Village. Office Staff cannot accept any rental amounts other than the actual resident’s rent. If a resident brings Office Staff an incorrect check, cashier’s check , or money order, Office Staff must return the payment to the resident with a written explanation. i. Second-party checks may be accepted as rent payment with proper documentation to management stating no tenancy will be created by its acceptance. Second-party checks are payments someone other than the resident submits as rent on behalf of the resident.
ii. Third-party checks cannot be accepted as rent payment (except as noted in subparagraph iii. below). Third-party checks are checks made payable to the resident by someone else. The resident then requests to endorse the check over to the property as a rent payment.
iii. Third-Party Rent Payment Exception : Non-Profit Rent Payment Assistance: The only exception to the Third-Party rent payment policy is for residents who are receiving financial support from a non-profit agency on a 414

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one-time or reoccurring basis. Third-party checks may be accepted with a declaration that the payment does not constitute or initiate tenancy. e. Timing of Rent Collection: Rent is delinquent if not paid by the close of business on the fifth (5th) of each month. Delinquency dates may vary only if the fifth day of the month falls on a weekend or holiday (or if other delinquency periods are required by the property regulatory agreement). In such cases, the delinquency date moves to the next business day. See the property lease for late fee information. Pre-payments for rent are allowed.

6.5 RENT INCREASES
Rent may be increased annually or as allowed by law or regulation, including as permitted by the Regulatory Agreement with the City of Costa Mesa . Management Agent will submit request to Owner for approval of increase. If approved, Agent will submit a 30-day or 60-day notice of rent change to resident, depending on program type and regulation to tenant.

6.6 REASONABLE ACCOMMODATIONS/MODIFICATIONS
a. The Management Company follows state and federal laws , which require housing providers to make or allow changes to either a unit, the common areas, or to community rules, policies, and procedures if such changes may be necessary to enable a person with a disability an equal opportunity to use and enjoy the housing. b. If the need is not otherwise obvious, a resident requiring such a change must make a verbal or written request with management company staff . When written, they must complete the Reasonable Accommodation /Modification Request Form which is the first step in our interactive process ; when requested verbally; the management office staff will complete the form on the resident’s behalf. Management Company Staff will then send the form to a third party to verify the resident’s disability and their need for accommodation or modification. Assuming the third party confirms the need for the modification or accommodation, the resident will be notified. If the third party does not confirm the need the interac tive process will continue until a decision is reached.

If the accommodation request is denied due to physical, legal , or financial feasibility, the resident will be notified in writing.
c. For Reasonable Accommodations for applicants, please review the Tena nt Selection Plan.

6.6 BEHAVIORAL POLICIES
Certain acts are considered to be contrary to the safety, well -being, peace, and enjoyment of the other Residents of the Property. These include, but are not limited to, the use, possession, 415

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manufacturing, or sale of illegal drugs or controlled substances and the carrying or exhibiting of firearms or other lethal weapons on the Property. Such acts are prohibited.

The resident, any member of the Resident’s household, or a guest or other person under the resident’s control shall not engage in acts of harassment, violence, or threats of violence, including, but not limited to, the unlawful discharge of firearms on or near the project premises. The carrying or exhibiting of firearms on the Property are strictly prohibited.

The resident, any member of the Resident’s household, or a guest or other person under the Resident’s control shall not engage in or permit the dwelling unit to be used for, or to facilitate, criminal activity, including drug-related criminal activity, on or near project premises. “Drug- related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in Controlled Substances Act (CSA), 21 U.S.C., Chapter 13, Section 801 and Section 802). This includes the use, possession, and/or cultivation of all forms of marijuana, including cultivation of marijuana plants. The use, possession, and/or cultivation of marijuana, including cultivation of marijuana plants, is illegal under federal law even if it is permitted under state law. Per Section 577 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA), P.L. 105- 276 (October 21, 1998), 42 W.D.C Section 13662, federally assist ed housing providers are required to deny admission to anyone who is illegally using a controlled substance and allows Landlords of federally assisted housing to terminate the tenancy of anyone who is illegally using a controlled substance or whose illegal use is determined by the Landlord to interfere with the health, safety, or right of peaceful enjoyment of the premises by other residents.

Resident or members of the household will not engage in the manufacture, sale, or distribution of any and all illeg al drugs at any location, whether on or near the project premises or otherwise.

Resident units are smoke -free. All areas of the community are smoke -free with the exception of designated smoking areas. Residents, resident guests, staff, visitors, or any other person shall not smoke in the smoke -free areas to include but not limited to the entire area of the buildings including units, patios, balconies, halls, elevators, stairs, offices, community rooms, tot lots, laundry rooms, and parking lots. Designate d smoking areas will be located outside on the common grounds and will be identified by "Designated Smoking Area'' signs. These will be the only areas where smoking will be allowed within the community. Designated smoking areas will be covered areas with seating such as a gazebo that are at least 25 feet away from the entrance to buildings, doorways, or operable windows. The Smoking Policy promotes a smoke -free environment within the community, while permitting smoking in designated areas only. The No Sm oking Rule applies to all areas except the designated smoking areas. 416

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Violation of the above provisions of the property’s drug -free, smoke-free and crime -free housing policy shall be a material violation of the house and ground rules and failure to comply with the house and ground rules is a violation of the lease, which may lead to the termination of tenancy pursuant the termination provision of the property lease. The Resident Smoking Policy addresses smoking for households residing in the project . While smoking will be prohibited on the property, this policy permits smoking for residents in designated areas. The Management Company and Lead Service Provider support the goal of achieving a smoke-free environment and promotes healthy lifestyles. Households will be provided supportive services and to support these goals and encouraged to connect to smoking cessation programs and other applicable life skills and treatment programs. By permitting smoking in designated areas only, the policy mitigates the following risks:
 Smoking increases the risk of fire
 Smoking is likely to damage the resident's premises
 Adverse health effects of secondhand smoke
 Secondhand smoke is likely to drift from one apartment to another  The increased maintenance and cleaning costs associated with smoking Definition of smoking: smoking includes inhaling, exhaling, breathing, carrying, or possession of any lighted cigarette, cigar, and pipe, other products containing any amount of tobacco, nicotine, or other similar product in any manner or in any form.

6.7 GRIEVANCE PROCEDURE
Should a resident have a complaint of any nature concerning her/his dwelling unit, other resident(s), or other housing -related issues, and the issue is not resolved in a satisfactory manner, the resident may engage in the Grievance Procedure provided to the resident at lease signing. The process provides detailed information on the specific steps a resident may take in order to address in hopes to resolve the issue. These steps include a timeline for residents to receive responses to grievances, how to request a formal hearing and request form, documentation requirements and participants in each step of the process. “Grievance” is defined as any dispute with respect to Management action or failure to act in accordance with lease requirements, or any Management action or failure to act involving the interpretation of the application of Management regu lations, policies, or procedures which adversely affects the rights, duties, welfare or status of the complainant.

It is the policy of Management that all residents’ grievances be given complete and objective consideration. Since, on rare occasions, this may require reference of a problem to higher levels of authority; this procedure has been adopted to assure that opportunity for full “due process” is given to all residents.
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This procedure applies to both applicants and residents of the Costa Mesa Village project. All residents are encouraged to use it without concern that it will reflect on their status as a resident.

Day-to-day contact and earnest communication between the manager and the residents is the most successful way to avoid misunderstandings and develop mutual respect. (See attached Grievance Procedure)

6.8 RESPONSIBILITY/GOVERNANCE
Property management and/or designee is responsible for ensuring the policies and procedures contained herein are implemented, monitored, and regularly reviewed.

6.9 PET POLICY
Pets shall not be allowed on the premises, except as approved by the Owner or required by law or local ordinance . A certified service animal or companion animal is not considered a "pet" and the resident requiring such animal shall be required to execute a service animal agreement describing the responsibilities of the resident.

6.10 LIVE-IN ATTENDANT
In the event that a resident requires the services of a live -in attendant, the above occupancy standards shall still apply. Prior to the attendant moving in the resident's physician or other qualified person shall document the need for a live-in attendant. Any income received by the attendant shall not be considered in evaluating the rent to be charged to the household. The attendant is subject to a criminal background check. The attendant shall not be considered a resident of the Project and has no residual rights to the unit if the resident no longer resides in the unit. The attendant shall be considered a guest of the resident household, and the head of household shall be required to ensure that the attendant abides by all terms and conditions of the Lease or Rental Agreement. The live-in attendant must sign the House Rules and execute a Live-in-Attendant agreement.

6.11 FORMS AND AGREEMENTS
With the approval of the Owner and Lenders, the Management Agent will develop leases or rental agreements, house rules, application forms and such documentation as may be necessary to facilitate the select ion and admission of residents into the Project according to any Marketing Plan and/or CES process, and in accordance with applicable regulatory requirements.
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6.12 TENANT FILE MANAGEMENT
Resident information will be maintained in the property management softwar e and safeguarded with passwords that are changed on a regular basis to protect resident information and privacy. All resident files are maintained in a fire safe, locked cabinet at the property.

6.13 GUEST POLICY
Visitors and guests are required to sign in with office staff or a security guard when the office is closed. A tenant cannot have a guest stay overnight in excess of 14 nights per year. Guests must also provide their license plate to the office staff or security. Guest parking cannot exceed 24 consecutive hours.

6.14 SITE ACCESS AND PARKING
The property has a wrought iron fence around its perimeter. Tenants have a key/fob that allows access through the pedestrian entrance and vehicular entrance. Tenant shall register their car with the office in order to get a parking permit. Spots are not assigned.

6.15 VIDEO CAMERA MONITORING
Security cameras are in place to monitor the entrance, dumpsters, laundry rooms, lobby, and office.

6.16 TENANT AMENITIES
The property consists of the following amenities: two laundry rooms, pool, BBQ, and bike racks.

6.17 SECTION 811
Costa Mesa Village was allocated 24 Section 811 vouchers for individuals with disabilities.

HUD provides funding to subsidize rental housing with the availability of supportive services for very low and extremely low-income adults with disabilities. The Section 811 program allows persons with disabilities to live as independently as possible in the community by 419

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subsidizing rental housing opportunities which provide access to appropriate supportive services.

Tenant referrals are currently provided by the Regional Center of Orange County and Libertana. The referring entity is responsible for providing the services to the tenants.

Programming and services are individualized based on each person’s needs and provided off- site. The Regional Center of Orange County partners with many service providers, which can be found under service codes 520 and 896 in their service provider/vendor list located at:
https://www.rcocdd.com/wp-content/uploads/pdf/vendorsearch/Vendor_List.pdf

7 PROPERTY MANAGEMENT STAFFING PLAN

7.1 STAFFING PLAN
The Management Company shall hire, train, pay, and supervise all personnel, including independent contractors. The management team will consist of:
a. One (1) full-time, on-site Property Manager will be responsible for coordinating repair and maintenance of the building, the collection of rents, ensuring occupancy and compliance with various regulatory agencies, and providing support to the residents by maintaining records and files, maintaining information and referral resources, and collaborating with Resident Services to organize resident meetings and social events. b. One (1) Full-time, Maintenance Lead Technician, will be responsible for the oversight of day-to-day maintenance of the property. The maintenance technician will report to the property manager and will be responsible for the cleaning and repair of the property.
c. Management Company Supervisor will oversee the Property Manager and coordinate issues and concerns among an array of similar facilities. This individual is responsible for the training of the Property Manager. This individual is available in case of any emergency and routinely visits the site to ensure the property is appropriately maintained and the Property Manager is fulfilling his/her responsibilities.

All hiring of on -site personnel shall conform to Equal Employment Opportunity guidelines without regard to race, religion, color, national origin, or sex. Leveraging the workforce programs for families with the Lead Service Provider and other local service providers , the Management Company shall make every effort to hire local vendors and employees when possible. Special efforts will be made to provide information regarding job openings to ensure 420

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affirmative outreach. This includes outreach to community organizations, newspapers, and other communications media. All hiring materials will indicate that the Management Company is an Equal Opportunity Employer. The Lead Service Provider will be responsible for hirin g its social service staff and will conform to Equal Employment Opportunity guidelines.

7.2 TRAINING
Specific training in policies and procedures of the Regulatory Agencies and Lenders (if applicable) will be provided to the Property Manager to ensure Project conformity to program requirements.

The Property Manager becomes knowledgeable through training and ongoing property management. As the budget permits, the Property Manager will be required to participate in relevant training conducted by professional agen cies and organizations to assure understanding of the occupancy requirements of the Project. Property Manager holds periodic training sessions of a general nature for all employees off-site as well as specific on-site sessions tailored to the needs of individual Projects. In addition to such site-specific training, additional monthly, quarterly and annual training includes, but is not necessarily limited to, Fair Housing and non-discrimination.

It is Property Manager’s policy to promote from within when possible. Employees are reviewed for potential promotion when positions become available. Property Manager’s job opportunities are posted on various websites and job boards.

If required by regulation, Property Manager will make reasonable efforts to hire eligible residents for available positions at the project, whereas a qualified applicant is found, and whereas t heir employment at the property does not pose a potential or actual conflict of interest or provide access to proprietary resident information that should be beyond the view or manipulation of the resident employee.

7.3 EMPLOYEE BENEFITS
Sick time and benefits will be afforded to all employees working at the property in accordance with California labor regulations.

7.4 EMPLOYEE GRIEVANCE PROCEDURES
The Regional Manager assigned to the Project regularly visits the Project at which time problems can be discussed. If this is not satisfactory to an employee, the employee may contact the Vice President of Property Management or an officer of Agent. 421

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7.5 EMPLOYEE TERMINATION PROCEDURES
Demotion, layoff, or termination shall be determined on a non-discriminatory basis. When an employee's performance is substandard, the employee shall be notified in writing. Every effort will be made to work closely with an employee to provide additional training if this is deemed appropriate. If their performance continues to be substandard, the employee will be placed on probation, and/or terminated.
8 TARGET POPULATION, PREFERENCES AND REFERRALS
Costa Mesa Village is intended to serve q ualified low-income individuals and households in need of affordable housing. Up to 24 of the 96 housing units are anticipated to be supported by Section 811 subsidy administered by the California Housing Finance Agency (CalHFA). a In accordance with CFR Title 24 Sections 5.410(a) and 5.655 the landlord will give “Preference” to the following:
a. Preference A: 24 of 96 homes will be set aside for households eligible under the Section 811 program, administered by the California Housing Finance Agency (CalHFA)
b. Preference B: 72 of the 96 homes will be set aside for individuals and households living and/or working in the City of Costa Mesa.

Marketing will be consistent with HUD Affirmative Fair Housing Marketing standards, CADI will market the units through a variety of methods to ensure populations who are least likely to apply will be notified of availability. Advertising shall include use of newspaper and online advertisements, social networking sites, and notification of availability of rental units to public and private agencies, Advertising material will be prepared in languages a ppropriate to the ethnic groups in the area. Advertising will include a statement regarding the policy of compliance with all Federal, state, and local fair housing laws and policies.

All qualified referred applications will be verified and approved by the Management Agent.

8.1 REFERRAL PROCESS- GENERAL
For Preference A, Costa Mesa Village will work with the applicable Orange Count Regional Center (“OCRC”) and its referring agencies to source prospective residents.

All qualified applications will be sent from the OCRC to JSCo’s agent with date and time stamp in preparation for scheduled interview.
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JSCo’s agent will notify applicants and their respective case managers to schedule a move -in date.

Although initial applications will be submitted through the OCRC, CADI’s Management Company, in conjunction with Lead Service Provide r, will assist eligible residents in completing the subsidy application, collection of required documents and subsequent submittal for voucher approval.

8.2 WAITING LISTS
A site-based waiting list will be maintained for Preference B units. The Property's initial waiting list will be determined by date and time of application and/or a lottery, as directed by Owner. Those households selected from the waiting list will undergo a comprehensive screening procedure to reflect the Owner's Resident Selection Criteria/Tenant Selection Plan.

Factors to be considered in the screening are housekeeping habits, tenant history, rent payment history, credit reports and criminal records.

Agent will maintain and update the Property's waiting list in accordance with regulatory requirements. The targeted number of applicants on the waiting list for each

category shall be no less than twice the average turnover rate for units in each category in the Property. When the number of applicants falls below one year of applications based on the average turn-over rate for the applicable unit size, Agent will initiate marketing procedures as described in this Plan to reestablish the minimum level of app licants. Agent will update the waiting lists periodically to determine if applicants are still interested in the Property. If an applicant does not wish to remain on the waiting list or fails to respond to Agent in writing, the applicant will be removed fr om the waiting list. Applicants on the waiting list will be notified that it is their responsibility to advise the Property of any address changes and that if they cannot be contacted by mail, either for vacant units or in the course of a waiting list update, they will be dropped from the waiting list.
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9 RESIDENT SELECTION, INCOME ELIGIBILITY AND

CERTIFICATIONS

9.1 RESIDENT SELECTION
The Property Manager will be charged with the responsibility for screening residents referred to the Property . The Property Manager will be properly trained in resident eligibility requirements. In compliance with the Regulatory Agreements, only applicants that meet all eligibility requirements will be selected to occupy restricted units. Any applicable income limits or restrictions will be made available to the public upon request and/or in accordance with any and all regulatory guidelines. Applications and other records pertinent to a resident's continued eligibility will be kept on file in accordance with any and all Regulatory guidelines.

The Property Manager or other management personnel will not discriminate or give preferential treatment to any applicant or resident. Selection criteria must comply with eligibility requirements set forth by all program guidelines, included, but not limited to those of CalFHA.

The Management Company will utilize the low-barrier tenant selection process that is consistent with Housing First guidelines to ensure that the hardest to service populations have access to housing oppo rtunities. Management will take a holistic view when determining selection criteria for Costa Mesa Village . As such, negative credit, past criminal history, or lack of landlord references, or behaviors that indicate a lack of “housing readiness”, may not be taken into consideration to determine eligibility unless information revealed suggests that the applicant may pose a threat to the health and safety of other residents, guests, staff or vendors or to the property.

9.2 INITIAL INCOME ELIGIBILITY
The Pro perty Manager will be responsible for determining income eligibility of each applicable household in the Project via third -party verification of all income and assets as programmatically required. Households whose gross annual income exceeds programmatically required income limits will be considered “over -income” and will not be considered income-eligible for units subject to any regulatory restrictions and/or guidelines.

9.3 RECERTIFICATION
A re-determination of eligibility (recertification) shall be made by the Management Company at least once a year. Information required to be furnished by Resident for such determination includes, but is not limited to, income and asset verification and names and ages of household 424

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members. Resident agrees via the lease that all information provided to Landlord shall be true, complete, and correct to the best of his/her knowledge. Failure to provide eligibility information, or providing false or misleading information, may result in the termination of his/her occupancy.

The Property Manager will maintain a “tickler file” for any applicable annual recertifications to ensure that processing is completed in a timely manner . Recertifications will also be performed by CalHFA as the subsidy provider . If, upon recertification, t he resident's household income either increases or exceeds the project's applicable income limits as programmatically determined, the tenant portion of the rent will be adjusted accordingly and a lease addendum executed. All income regulations including o ver-income guidelines are included in the lease for recertification purposes. If a resident is determined to be no longer eligible for the program and regulation and law requires and allows the resident to vacate the unit, the owner will be notified and p roper notice will be given based on applicable laws and regulation.

9.4 RE-OCCUPANCY PROCEDURES
When notice is given that a Preference A occupied unit will be vacated, re -occupancy procedures will begi n with notification to the OCRC. The Management Agent will subsequently receive a referral from the OCRC. For Preference B units, the Property Manager will draw from the Waiting List.

The Property Manager will process application s in order received. Certification procedures (review of screening criteria) will be completed for the household and, provided the household is still eligible, shown the unit. If the first household declines the unit, it will be shown to the next eligible household referred fr om the referring agency. Re -occupancy procedures may include coordination with the Public Housing Authority and CalFHA , when applicable.

Applicants with rental subsidies must have approval from the Housing Authority or other subsidy provider prior to move-in.

9.5 CONFIDENTIALITY
The Management Company shall maintain strict confidentiality when determining eligibility or during residency. Income information, programmatic compliance, and other confidential information will only be shared with appropriate agencies after applicant/resident consent is provided.
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10 SUPPORTIVE SERVICES & RESIDENTIAL COORDINATION PLAN
The Management Company will collaborate with the resident services staff and Case Managers in an effort to improve the quality of life for residents and promote housing retention. To this end, the Management Company will communicate tenant issues such as late rent payments, behavioral issues, safety issues, etc. to the resident service staff and Case Managers in real-time and through direct written referral, regular meetings (weekly or biweekly or as needed) so that services staff can apply clinical interventions, connect to resources, and/or provide residential support as needed.

This integration between property management and supportive services is a critic al component of Century’s model for successful community building. The housing provided at Costa Mesa Village addresses the need for service-enriched, affordable housing. The services provided by our lead service provider focus on long -term healing, wellness, and economic independence.

10.1 LEAD SERVICE PROVIDER
The lead supportive service provider in the building will be Century’s Oasis Resident Services (“Lead Service Provider”), Century’s in-house supportive service provider primarily dedicated to low-income populations, including homeless and at-risk individuals and families.

10.2 IMPLEMENTATION
The Property Management Company and Lead Service Provider will draw from its existing locations in Southern Los Angeles County, including its large operation at the Villages at Cabrillo in West Long Beach, which have the staffing and service infrastructure in place to ensure that this project is successfully implemented.

10.3 HOUSING FIRST PHILOSOPHY
The Management company and Lead Service Provider integrates the Housing First model within its projects, which ensures low barriers for admission and not having preconditions for entry - meaning there are no requirements for sobriety time, for having an income, for service participation/treatment, etc. The Management Company and Lead Service Provider are skilled in engaging residents, to include those who are vulnerable , and ensures comprehensive services are offered so that the model is not “Housing Only”. Participation in services is continually offered and abstinence or harm reduction will be encouraged. Appropriate clinical interventions are utilized to address any issues that may jeopardize their housing. 426

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10.4 COMMUNITY COLLABORATION
To ensure community collaboration and access to resources, the Management Company and Lead Service Provider will work with the City of Costa Mesa, the County of Orange, and the OCRC. For the Lead Service Provider, it is not only about asking the community to help, it is about ensuring the Lead Service Provider contributes to the communities in which the agency is located and to the solutions that will address poverty, meet housing needs, and end homelessness. The Lead Service Provider will collaborate with community partners to both engage residents in need of housing provided by this project and leverage resources to provide services.

The Property Manager and Lead Service Provider will collaborate to determine the appropriate schedule of services and activities for resident’s needs. While each resident will be encouraged to have a case management plan, HUD rules and Housing First practices prohibit denial of housing to individuals who do not participate in services. The Lead Service Provider and, if applicable, other leveraged staff, will collaborate to offer services and other activities to encourage all to engage in the therapeutic community environment.

If additional support is needed beyond the schedule of the Case Managers, then the Lead Service Provider will provide secondary case management services for emergencies or after - hours issues through the Lead Service Provider on-site or on-call staff. All residents will have a phone number for 24/7 response in case of crisis or decompensation.

10.5 RESIDENT RETENTION
For residents who exhibit behaviors t hat can jeopardize their housing stability, The Management Company and Lead Service Provider will work collaboratively to support the resident in retaining housing. The Housing Retention Action Plan described above is a tool that sets clear expectations and details the role of each party for addressing lease violations and behavior issues. Furthermore, a tenant -specific Retention Plan outlining the factors jeopardizing housing retention, strengths and resources to support the tenant, and action steps may also be created with the resident.
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COUNCIL POLICY

SUBJECT

SINGLE ROOM OCCUPANCY (SRO) UNITS/

EFFICIENCY UNIT DEVELOPMENTS

POLICY
NUMBER
500-05

EFFECTIVE
DATE

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BACKGROUND

Title 13 of the Costa Mesa Municipal Code (CMMC) establishes what uses are allowed by right and with conditional use permits in various zones. Single Room Occupancy (SRO) residential hotels/Efficiency Unit Developments are not mentioned in the Code. The City can decide what similar uses can be considered with a conditional use permit in the commercial zones.

PURPOSE

It is the purpose of this policy to:

Allow SRO residential hotels /Efficiency Unit Developments to be considered with a conditional use permit in all commercial zones where hotels are allowed with a conditional use permit.

Establish guidelines to assist the City in the future review of SRO /Efficiency Unit Developments proposals.

Provide the means for establishing housing available to citizens of Costa Mesa within the low and very low income segments of the population recognizing that there is a portion of the labor force within the business community that is these lower income levels.

Traditional housing in Costa Mesa is simply not affordable to this segment.

SROs/Efficiency Unit Developments should provide a new source of housing for this segment of the employment population of Costa Mesa.

POLICY

1. Process

SRO residential hotels /Efficiency Units may be considered with a condit ional use permit in any zone where hotels are allowed.

Proposed SRO/Efficiency Unit Developments will require approval by the Planning Commission and may first require a pre -application screening before Planning Commission to allow initial feedback to be incorporated into the Applicant’s submittal.

2. Location

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SUBJECT

SINGLE ROOM OCCUPANCY (SRO) UNITS/

EFFICIENCY UNIT DEVELOPMENTS

POLICY
NUMBER
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SRO residential hotels/Efficiency Unit developments shall be located within proximity (1,000 ft.) to transit stops or within proximity to major employment areas . Ideally, SROs/Efficiency Unit developments shall also be located within proximity to grocery stores, retail stores, and services.

3. Room Sizes and Occupancy Limits

The following limits shall apply to new SRO developments.

Minimum size for single occupancy 175 sq.ft.

Minimum size for double occupancy 220 sq.ft.

Maximum size 450 sq.ft.

Maximum percent double occupancy 10%

Average unit size shall not exceed 300 sq.ft. The maximum unit size of 450 sq.ft. should only be considered for conversion projects or SROs designed exclusively for senior citizens.

4. Unit Requirements

Each unit shall have a kitchen or kitchenette and fully enclosed bathroom.

5. Parking

SRO hotels/Efficiency Unit developments shall be parked at 0.5 space per single occupancy guest room. Parking shall increase to a minimum of 0.8 space per unit for single occupancy guest rooms that are larger than the minimum room size standard. Parking shall be further increased to 1 space per unit for any rooms that are at the maximum size limi t, unless the units are restricted to senior citizens. Double occupancy units shall have double the parking requirement of single occupancy rooms based on the proceeding formula.

Secure bicycle parking shall also be provided.

6. Management and Security

A complete management plan shall be submitted with each project. The plan shall address day to -day operations and management of the project including: tenant selection and income/rent verification and reporting procedures; property maintenance standards a nd repairs, property improvements and maintenance schedules; insurance requirements; tenant 429

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POLICY
NUMBER
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services or amenities ; access control and security, and project staffing including a 24-hour live-in manager, desk clerk, security, and janitorial service /maintenance staff. The plan shall discuss both internal and exterior security including controlled entry and exit, guest sign -in and regulations for guests, and video camera monitoring of common use areas including parking and open space.

7. Rental Term

SRO room s/Efficiency units may be rented on a monthly or annual basis. The SRO room/Efficiency unit shall be the primary residence for the tenant.

8. Rental Rates

All SRO /Efficiency units shall be rented at 50% Area Median Income (AMI) for Orange County or lower (with the exception of the manager’s unit). Affordability requirements may be established on a case -by-case basis through the Conditional Use Permit process and as documented in a form approved by the City Attorney . The affordability requirements shall remain in perpetuity.

9. Common Areas

Common areas shall be provided as follows:

400 sq.ft. minimum.

If the project exceeds 30 units, the common areas shall be increased by 10 sq.ft. per unit above 30 units. The common area shall be divided between inte rior and exterior areas with neither having less than 40% of the total.

10. Storage Areas

Each unit shall be provided with a closet and/or storage area of at least 40 cu.ft. and a locker of at least 10 cu.ft. shall be provided for each unit.

11. Transient Occupancy Tax

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SROs/Efficiency units processed in accordance with this policy shall be exempt from the City’s Transient Occupancy Tax.

12. Laundry Facilities

Laundry facilities (coin operated washers and dryers) shall be provided near the common indoor open space area.

13. Additional Standards

The applicable provisions of the California Construction and Fire Code s as adopted by CMMC Titles 5 and 7 shall apply to SROs/Efficiency units.

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