Agenda packet — Costa Mesa City Council, July 19, 2022 (part 3 of 3)

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ATTACHMENT 2
Resolution No. 2022-xx Page 1 of 4

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RATIFYING REGULATION NO. 8 ISSUED BY THE CITY MANAGER AS DIRECTOR OF EMERGENCY SERVICES REVISING REGULATION NOS. 5 AND 7 REGARDING TEMPORARY SUSPENSION OF ENFORCEMENT OF CERTAIN

PARKING RESTRICTIONS IN RESIDENTIAL NEIGHBORHOODS

THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:

WHEREAS, Costa Mesa Municipal Code Section 6-6 empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and
WHEREAS, Government Code Sectio n 8550, et seq., including Section 8558(c), authorize the City Council to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, a novel coronavirus, COVID -19, causes infectious disease and was first detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of COVID-19 include f ever, cough, and shortness of breath; outcomes have ranged from mild to severe illness, and, in some cases, death. The Center for Disease Control and Prevention (CDC) has indicated the virus is a tremendous public health threat; and WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared the outbreak a “public health emergency of international concern” and on March 11, 2020, the WHO has elevated the public health emergency to the status of a pandemic. On January 31, 2020, United States H ealth and Human Services Secretary Alex M. Azar II declared a public health emergency for the United States to aid the nation’s healthcare community in responding to COVID -19. On February 26, 2020 the County of Orange declared a local emergency and a local health emergency. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in California; and 489
ATTACHMENT 2
Resolution No. 2022-xx Page 2 of 4

WHEREAS, the Governor on March 12, 2020 issued Executive Order N -25-20, ordering, inter alia, that all residents are to heed the orders and guidance of state and local public health officials; and
WHEREAS, on March 12, pursuant to Proclamation No. 2020 -01, the City Manager did proclaim the existence of a local emergency pursuant to Title 6 of the Costa Mesa Municipal Code; and
WHEREAS, on March 13, 2020 the City Council pursuant to Resolution No. 2020- 09 did ratify Emergency Proclamation No. 2020-01; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency; and
WHEREAS, on March 19, 2020 , the Governor issued Executive Order N -33-20, including the Order of the State Public Health Officer mandating all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19; and WHEREAS, on December 23 , 2020, the City Manager, acting as the City’s Emergency Services Director issued Regulation No. 5 pursuant to Proclamation No. 2020-01 and Resolution No. 2020 -09, temporarily suspending enforcement of parking regulations relating to street sweeping and residential parking permits in residential neighborhoods; and
WHEREAS, on January 19, 2021, by Resolution No. 2021 -01, the City Council ratified Regulation No. 5; and
WHEREAS, on August 24, 2021, the City Manager, acting as the City’s Emergency Services Director issued Regulation No. 7, to allow enforcement of street sweep ing regulations Citywide only when the street sweeper is present and engaged in street sweeping operations and ensure that the enforcement is implemented Citywide; and WHEREAS, on September 7, 2021, by Resolution No. 2021 -34, the City Council ratified Regulation No. 7; and
WHEREAS, on July 12, 2022, the City Manager, acting as the City’s Emergency Services Director issued Regulation No. 8, to allow enforcement of residential parking restrictions during the operation of the Orange County Fair, from July 15, 2022 to August 490
ATTACHMENT 2
Resolution No. 2022-xx Page 3 of 4

14, 202 2, in the surrounding residential neighborhoods pursuant to the City’s annual temporary resident parking only permit program, and
WHEREAS, in the interest of public health and safety, it is necessary to adopt this resolution ratifying Regulation No. 8 pursuant to the emergency proclamation related to protection of life and property.

NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Costa Mesa that the City Manager’s Regulation No. 8 issued on July 1 2, 202 2, revising Regulation No. 5 and Regulation No. 7 regarding suspension of enforcement of parking permit requirements in residential neighborhoods of the City of Costa Mesa is hereby ratified so that temporary residential parking permits in the neighborhoods surrounding the Orange County Fairgrounds may be issued and enforced during the operation of the Orange County Fair from July 15, 2022 through August 14, 2022.

PASSED, APPROVED AND ADOPTED this 19th day of July, 2022:

_______________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

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

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ATTACHMENT 2
Resolution No. 2022-xx Page 4 of 4

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 19th day of July, 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 20th day of July, 2022.

_______________________________

BRENDA GREEN, CITY CLERK (SEAL)
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ATTACHMENT 3
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, REVISING REGULATION NO S. 5 AND 7 ISSUED BY THE CITY

MANAGER AS DIRECTOR OF EMERGENCY SERVICES AND RATIFIED BY THE

CITY COUNCIL REGARDING TEMPORARY SUSPENSION OF ENFORCEMENT OF

CERTAIN PARKING RESTRICTIONS IN RESIDENTIAL NEIGHBORHOODS

THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HE REBY RESOLVE AS FOLLOWS:

WHEREAS, Costa Mesa Municipal Code Section 6-6 empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and
WHEREAS, Government Code Section 8550, et seq., including Section 8558(c), authorize the City Council to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, on March 12, 2020, pursuant to Proclamation No. 2020 -01, the City Manager did proclaim the existence of a local emergency pursuant to Title 6 of the Costa Mesa Municipal Code; and
WHEREAS, on March 13, 2020 the City Council pursuant to Resolution No. 2020- 09 did ratify Proclamation No. 2020-01; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency; and
WHEREAS, throughout the COVID-19 pandemic various emergency regulations relating to parking restrictions in the City have been issued by the Emergency Services Director and ratified by the City Council;
WHEREAS, on December 23 , 2020, the City Manager, acting as the City’s Emergency Services Director issued Regulation No. 5 pursuant to Proclamation No. 2020-01 and Resolution No. 2020 -09, temporarily suspending enforcement of parking regulations relating to street sweeping and residential parking permits in residential neighborhoods; and
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Resolution No. 2022-xx Page 2 of 3

WHEREAS, on January 19, 2021, by Resolution No. 2021 -01, the City Council ratified Regulation No. 5; and
WHEREAS, the lack of street sweeping enforcement and obstructions caused by vehicles parked on City street s impacted street sweeping operations, resulting in a significant buildup of trash on City streets; and
WHEREAS, on August 24, 2021, the City Manager, acting as the City’s Emergency Services Director issued Regulation No. 7, to allow enforcement of street sweeping regulations Citywide only when the street sweeper is present and engaged in street sweeping operations and ensure that the enforcement is implemented Citywide; and WHEREAS, on September 7, 2021, the City Council approved Resolution No. 2021-resolution ratifying Regulation No. 7; and
WHEREAS, in addition to street sweeping during the posted hours, the City regularly does maintenance work on the streets and sidewalks during the posted hours, typically when the street sweepers are not present; and WHEREAS, staff has determined that enforcing street sweeping violations only while the sweeper is presen t is impractical and requires significantly greater employee time than is available, preventing street sweeping from occurring in some areas and leading to potential NPDES permit violations; and
WHEREAS, enforcing the parking restrictions only while street sweepers are present prevents normal maintenance activities, requiring City crews to do maintenance work during other hours, which negatively affects residents’ parking and public safety.

NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Costa Mesa that Section 2 of the Director of Emergency Services’ Regulation No. 5, issued on December 23, 2020 and Section 2 of Regulation No. 7 issued on August 24, 2021, are revised to reflect that parking regulations related to street sweeping may be enforced during all posted hours on any City street. Suspension of enforcement of parking restrictions related to permit requirements in residential neighborhoods of the City of Costa Mesa will continue except as otherwise ordered by the City Council.

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ATTACHMENT 3
Resolution No. 2022-xx Page 3 of 3

PASSED, APPROVED AND ADOPTED this 19th day of July, 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. 20 22-__ and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on ____ day of _______________, 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 ____ day of _______________, 2022.

_______________________________

BRENDA GREEN, CITY CLERK
495
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-767 Meeting Date: 7/19/2022
TITLE:

APPROVAL OF RESOLUTION ADDING THE FINANCE MANAGER CLASSIFICATION AND

SALARY RANGE
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR (714) 754-5243 RECOMMENDATION:

Staff recommends the City Council:

Approve a reclassification of the existing full-time equivalent Senior Management Analyst position (Confidential) to one full-time equivalent Finance Manager, in the Costa Mesa Confidential Management Unit (Confidential Management), and corresponding proposed Resolution No. 22-39 (Attachment 1), amending Resolution No. 22-xx by establishing a new classification in the Confidential Management Unit and establishing the pay range.

BACKGROUND:

The Finance Department is seeking to amend the City’sClassification Plan to incorporate a Finance Manager (Confidential Management) classification. The Department currently has one Senior Management Analyst (Confidential) position vacant, and requests to reclassify that vacant position to a Finance Manager (Confidential Management) position.

Over the past five years, the Finance Department has struggled with filling the Senior Management Analyst position due primarily to the following challenges: 1) the second tier pension rate calculation for Classic employees; and, 2) finding the specialized financial acumen to ensure fiscal controls and sustainability. These challenges have highlighted the need to ensure certain divisions within Finance are adequately staffed, and incorporate the specific financial expertise required to ensure internal controls and financial oversight. The Finance Manager classification does not exist in the City’sclass plan and provides the much-needed flexibility to ensure the level and scope financial expertise required in the Department. Presently, the Finance Department has two main divisions: Finance Administration and Financial Operations. One Division is headed by a Manager and the other by the Assistant Finance Director who reports directly to the department head. The additional Finance Manager position will provide oversight, increased internal control, and a high level of financial acumen, specifically in Accounting, that is currently taxing a select few within the department.

Over the last few years, the Department’svacancies have caused significant challenges, but this has

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File #: 22-767 Meeting Date: 7/19/2022
Over the last few years, the Department’svacancies have caused significant challenges, but this has also allowed for an opportunity to reevaluate the needs of the Department. This evaluation of resources has been ongoing, with two concentrations: first, to improve Department operational efficiencies and management of day-to-day activities; and second, to allocate additional analytical and managerial level resources to accomplish City Council’sStrategic Plan Goals & Objectives and allow for additional forecasting, project administration, and oversight on procedural, policy and technological improvements.

Recently, the Department identified several challenges related to the overall departmental structure missing key managerial and analytical support. These missing roles have exacerbated an already strained department and mandated the use of contract staff and imposed overtime for department staff, which does not foster long-term productivity. In addition, this overtime is barely sufficient to cover day-to-day tasks, particularly due to the existing technology limitations. Moreover, ever- evolving governmental accounting and regulatory requirements place additional burdens on Finance staff. Providing the Finance Department with a flexible managerial title will ensure adequate financial expertise and management oversight is attained. This additional layer will also further the department’s succession-planning efforts in the management tier of the Department.

ANALYSIS:

In accordance with the Department’sstaffing evaluation, the Finance Department is proposing one reclassification from a Senior Management Analyst (Confidential) to a Finance Manager (Confidential Management) full time equivalent position, and creating the new classification accordingly.

This proposed change requires the adoption of the Finance Manager (Confidential Management) Classification in the Finance Department, with no net increase to the City’s table of organization.

ALTERNATIVES:

The City Council could choose not to approve the proposed staffing changes; however, this alternative is not recommended since staff’sevaluation of the existing Finance Department structure determined that this classification is necessary to improve efficiency and the Department’sability to provide services to staff, the City Council, and community.

FISCAL REVIEW:

The estimated cost increase for FY 2022-23 is $59,000. There is sufficient funding in the FY 2022-23 Finance Department’sbudget for the proposed staffing changes from the operational savings that will be attained as a result of reduced use of outside consulting services.

LEGAL REVIEW:

The City Attorney’s Office has reviewed and approved this agenda report and the proposed resolution.

CITY COUNCIL GOALS AND PRIORITIES:

The proposed allocation of resources better positions the Department to accomplish the following City Council Goals & Priorities: Achieve Long-Term Fiscal Sustainability, and Recruit and Retain High Quality Staff.

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File #: 22-767 Meeting Date: 7/19/2022
CONCLUSION:

Staff recommends the City Council:

Approve a reclassification of the existing full-time equivalent Senior Management Analyst position (Confidential) to one full-time equivalent Finance Manager, (Confidential Management), and corresponding proposed Resolution No. 22-XX (Attachment 1) revising the pay ranges for classifications in the Confidential Management Unit.

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Resolution No. 2022-XX Page 1 of 2

RESOLUTION NO. 2022-XX

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

CALIFORNIA, REVISING THE PAY RANGES FOR CLASSIFICATIONS IN THE

CONFIDENTIAL MANAGEMENT UNIT

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

WHEREAS, on June 7 , 2022 , the City Council adopted Resolution No. 22-39, revising the pay ranges for job classifications in the Confidential Management Un it, effective June 19, 2022; and
WHEREAS, the City Council desires to amend Resolution No. 22-39, to establish the new job classification of Finance Manager and to establish the pay ranges for the new classification.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

SECTION 1. The Costa Mesa City Council hereby amends Resolution No. 22-39 to establish the new job classification of Finance Manager and to establish the pay ranges for the new job classification as set forth herein.

SECTION 2. Section 2 of Resolution No. 22 -39 is hereby amended to add the Finance Manager job classification at the salary range and monthly rates of pay specified below, effective July 3, 2022.

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0171 Finance Manager 727 $10,256 $10,769 $11,307 $11,872 $12,466 $13,089 $13,743 Monthly $123,072 $129,228 $135,684 $142,464 $149,592 $157,068 $164,916 Annual $59.17 $62.13 $65.23 $68.49 $71.92 $75.51 $79.29 Hourly

SECTION 3. Except as modified by this Resolution, Resolution No. 22 -39 shall remain in full force and effect.

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Resolution No. 2022-XX Page 2 of 2

PASSED AND ADOPTED this 21st day of June, 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 C osta Mesa at a regular meeting held on the 21st day of June, 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 t he City of Costa Mesa this 22nd day of June, 2022.

______________________________
Brenda Green, City Clerk

500
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-800 Meeting Date: 7/19/2022
TITLE:

SECOND READING AND ADOPTION OF AN ORDINANCE TO APPROVE CODE AMENDMENT CO-2022-XX, AMENDING PORTIONS OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE

PERTAINING TO PARKING BY PERMIT ONLY AND TO AUTHORIZE RELATED FEES DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: JENNIFER ROSALES, TRANSPORTATION SERVICES MANAGER, (714) 754-5343
RECOMMENDATION:

Staff recommends the City Council:

1. Give second reading to and adopt Ordinance No. 2022-04, to approve Code Amendment CO- 2022-xx, amending portions of Title 10 of the Costa Mesa Municipal Code (CMMC) pertaining to parking by permit only and to authorize related fees.

2. Approve revisions to Residential Permit Parking Program Guidelines and Policies.

3. Approve proposed Resolution No. 2022-xx to establish annual residential permit parking fees.

BACKGROUND:

The Residential Permit Parking (RPP) program guidelines and policies were approved by the City Council on May 3, 2022 at its regular meeting. The guiding principles employed in the development of the City’s revised RPP program include:
· Equitable access: Develop equitable programs that appropriately balance the parking needs of all residents, businesses, and visitors, while enabling the on-street parking supply to serve the community fairly, and enhance access for all.
· Sustainable solutions: Implement financially sustainable strategies that modernize and streamline parking program management.
· Efficient program management: Create an efficient and adaptable parking system that is optimized for the City’scurrent needs, but can be incrementally updated and adjusted over time.

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Key features of the new program include the following:
· RPP will be limited to areas experiencing external parking impacts from commercial areas, neighboring cities, Fairgrounds and recreational areas; · There is no change in petition and staff review processes for RPP; · All housing types within impacted areas are eligible for permits; · One permit per eligible driver based on verification of residence and vehicle registration; and · There will be an annual permit parking fee with an escalating rate structure.

At the May 3, 2022 regular meeting, City Council authorized staff and the City Attorney to initiate amendments to the Costa Mesa Municipal Code (CMMC) incorporating proposed changes to the Residential Permit Parking program and return to City Council for approval through a Public Hearing process. In addition, the City Council approved in concept the implementation of an annual residential parking permit fee with an escalating rate structure and discount for qualifying low-income residents.

The proposed Ordinance to amend portions of Title 10 of the Costa Mesa Municipal Code (CMMC) pertaining to parking by permit only and to authorize related fees was introduced by first reading to the City Council on June 21, 2022 at its regular meeting.

ANALYSIS:

The Proposed amendments to Title 10 of the Costa Mesa Municipal Code (CMMC) were developed to incorporate proposed changes to the Residential Permit Parking program. Based upon the motion made when the item was introduced at the City Council meeting on June 21, 2022, the proposed amendment has been revised to incorporate those changes for adoption.

The specific changes made during the June 21, 2022 City Council meeting, and incorporated into the Residential Permit Parking program guidelines and policies have been revised for review and consideration by the City Council. The guidelines and ordinance changes include the following:
· Define “Eligible Driver” and vehicle registration to address of dwelling. · Add flexibility for special cases such as recent move-ins and borrowed vehicles. · Work vehicles registered to a business address not matching the dwelling address do not qualify for a permit.
· Recommend a maximum number of permits per dwelling.
· Provide equitable access and permit fees.

The proposed changes to the CMMC pertain to Parking by Permit Only and to require the payment of related fees to be adopted by the City Council. A resolution with the proposed annual fees for the residential permit parking program has been prepared for consideration of establishing and adopting residential permit parking fees. The Citywide Residential Parking Permit Study recommending these fees was presented to the City Council at its regular meeting on May 3, 2022. Currently, the City of Costa Mesa does not recover any of the costs associated with parking permits. In order for the program to become financially sustainable and for the City to make investments in modernizing the

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File #: 22-800 Meeting Date: 7/19/2022
program to become financially sustainable and for the City to make investments in modernizing the program, an annual fee for residential parking permits is recommended. An escalating permit rate structure is recommended starting at $25 annually for the first permit. For households with multiple drivers, additional permits are recommended at a higher premium rate. A discounted rate option is recommended to qualifying low-income residents. The rate structure is similar to the rates in neighboring Southern California cities.

Staff recommends that residential parking permit fees be reviewed biannually to determine whether the City’s costs are being recovered and whether the cost structure is effective at discouraging excessive permits. In addition, the cost of providing ongoing enforcement to provide enough consistency and coverage to encourage compliance is recommended to be reviewed annually.

These permit fees are aimed to make the RPP program cost-neutral, covering only the administrative costs necessary for the City to efficiently manage and enforce the program.

ALTERNATIVES:

One alternative would be to not approve the ordinance. However, this would result in the Council- approved residential permit parking program guidelines to be out of compliance with the CMMC.

Another alternative would be to not approve the proposed resolution to establish residential permit parking fees. However, this would result the program to not be financially sustainable and require additional City funds allocated to administer the program annually.

FISCAL REVIEW:

If the fee resolution is approved, the annual operating costs of administering the program are anticipated to be cost-neutral. Future operating costs will be funded by fees collected through the new RPP program.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report, prepared the proposed ordinance and the proposed resolution and approves them both as to form.

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File #: 22-800 Meeting Date: 7/19/2022
CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Achieve long-term fiscal sustainability.
· Strengthen the public’s safety and improve the quality of life. · Advance environmental sustainability and climate resiliency.

CONCLUSION:

Staff recommends the City Council:

1. Give second reading to and adopt Ordinance No. 2022-04 to approve Code Amendment CO-2022 -xx, amending Article 3 of Title 10 of the Costa Mesa Municipal Code (CMMC) pertaining to parking by permit only.

2. Approve revisions to the Residential Permit Parking Program Guidelines and Policies.

3. Approve proposed Resolution No. 2022-xx to establish annual residential permit parking fees.

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ORDINANCE NO. 2022-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING ARTICLE 3 (PARKING BY PERMIT ONLY) OF CHAPTER XI (STOPPING,

STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS) OF TITLE 10 (MOTOR VEHICLES AND TRAFFIC) OF THE COSTA MESA MUNICIPAL

CODE RELATING TO RESIDENTIAL PERMIT PARKING
WHEREAS, the City Council of the City of Costa Mesa adopted a Residential Permit Parking Program (RPP) in January 2016; and
WHEREAS, the RPP helps to relieve parking congestion on public streets adjacent to impacted residential areas by vehicles unrelated to the neighborhood; and WHEREAS, parking demands from single-family residential, multi-family residential, and commercial parking shortages in recent years have caused significant parking impacts on other adjacent residential neighborhoods; and WHEREAS, the City has received significant feedback from residents and business owners related to the limited parking on public streets; and WHEREAS, the City considered the following criteria and interests while drafting amendments to the RPP, including that there is a growing number of vehicles per household, older neighborhoods were originally designed for a lower parking demand, there is insufficient parking within multi-family communities, and many garages are used for storage; and
WHEREAS, when a single-family street becomes a newly designated residential permit parking street, vehicles are displaced and moved to other streets, and streets that are designated with residential permit parking oftentimes are less utilized since residents not living on that street are displaced and must find parking elsewhere, resulting in an unintended impact on surrounding streets; and
WHEREAS, the City caused to be conducted a Citywide Parking Study in January 2020, which engaged stakeholders, sought to understand parking challenges, evaluated the current RPP, and developed recommendations for the City’s parking operations; and WHEREAS, during the Citywide Parking Study, over 40 community members attended a community outreach meeting where they expressed support for implementing a residential parking permit fee and keeping an RPP; and WHEREAS, the findings of the Citywide Parking Study led to the amended RPP’s principles which are equitable access, sustainable solutions, and efficient program management; and
ATTACHMENT 1
1 (REDLINE VERSION)
505
WHEREAS, the City’s amended RPP is aligned with the Attorney General’s opinion which recommends that cities do not distinguish among residents based on the type of dwellings in which they live when issuing residential parking permits; and WHEREAS, the City Council held a duly noticed public hearing on Ordinance No. 2022-XX on June 21, 2022, at which time it considered all evidence presented, both written and oral; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Article 3 (Parking by Permit Only) of Chapter XI (Stopping, Standing or Parking Restricted or Prohibited on Certain Streets) of Title 10 (Motor Vehicles and Traffic) of the Costa Mesa Municipal Code is hereby amended to read as follows:

ARTICLE 3. PARKING BY PERMIT ONLY
10-221. Parking of unpermitted vehicles prohibited.

When authorized signs have been posted pursuant to resolution of the city council and are in place giving notice of restrictions, it is unlawful and an infraction for any person to park any vehicle on any public street or alley so restricted, unless a parking permit therefor has been issued by the city as provided for in this article. This restriction shall not apply to police vehicles or other authorized emergency vehicles and/or city-owned vehicles when used for official business, or to service vehicles, clearly marked as such, while the owner or operator of the vehicle is providing a service to a residence located in that residential permit parking zone.
10-221.1. Issuance of permits to residents.

Except for emergency permits and as otherwise provided for in section 10-221.2, parking permits may be issued only to residents of those areas where parking has been limited or prohibited pursuant to this article as a residential permit parking zone. 10-221.2. Types of permits.
(a) Residential parking permits.
(1) Except as otherwise provided for in this article, a resident of a dwelling unit within an area that has been designated as a residential permit parking zone may be issued one (1) parking permit per eligible driver by filing an application therefore with the public services department pursuant to the provisions of this article. (2) A motor vehicle that has been issued a parking permit for a residential parking zone shall be permitted to stand and/or park in that zone without being limited by the parking restrictions established pursuant to this article.

ATTACHMENT 1
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(3) The maximum number of residential parking permits that shall be authorized to any one dwelling unit shall be four (4). may be set forth in the policy. (b) Guest parking permits.
(1) Each resident parking permit holder may apply for temporary guest parking permits for use by his or her guests in the parking zone where the permit holder resides by submitting an application therefore to the public services department. (2) A parking permit holder may receive up to a maximum of one hundred (100) guest parking permits per year per dwelling unit, which mustmay be displayed by guests of such permit holder.
(c) Residential Permit Parking Policy. The city council, the city manager and/or designee may adopt policies and/or administrative regulations to implement this article, including but not limited to the establishment of residential permit parking zones and the criteria for the issuance, denial, revocation, duration and/or number of permits. 10-221.2.5. Definitions
Words and phrases not defined herein shall have the meanings ascribed to them in this Title 10, Title 1 and Title 13.

Director – the director of the public services department or his or her designee.

Eligible driver – means a licensed driver identified as the registered owner of a currently registered vehicle who resides in a dwelling unit within an area that has been designated as a residential permit parking zone.

Permit – means a residential parking permit issued by the director pursuant to the provisions of this article.

Residential permit parking policy or policy – means the residential permit parking policy and/or administrative regulations adopted by the city to implement this article pursuant to section 10-221(c).

Residential permit parking zone or zone – a contiguous area within the city comprised of one or more streets and/or alleys that have been designated for parking by residents of that area only pursuant to this article.
10-221.3. Application for permit and action thereon.
(a) To be issued a residential parking permit, the applicant each eligible driver shall provide the following to the public services department:
(1) The applicant’s full, true name and home address, and proof of residence; (2) The applicant’s driver license;
(3) A valid and current vehicle registration and license plate number of the vehicle for which a permit is sought;
(4) The applicable fee; and
(5) Such other information set forth in the policy.

ATTACHMENT 1
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(b) Staff shall issue a temporary permit to an eligible driver for a rented or borrowed registered vehicle where the eligible driver residing in a residential permit parking zone, demonstrates their own vehicle is unavailable for that driver’s use for a temporary period.

Such permits will expire upon the return to use of the originally permitted vehicle or its replacement.
(c) Permits will not be issued for commercial vehicles that are registered to business addresses.
(d) The denial, suspension and/or revocation of a residential parking permit and/or eligibility therefore by the director pursuant to this article may be appealed to the Planning Commission pursuant to Article 2 of Chapter IX of this Code. (ec) Each type of permit applied for and or renewed pursuant to this article shall be subject to a fee or fees as established by the city council. 10-221.4. Duration of permits.
(a) Residential parking permits shall be valid for one (1) year, unless earlier revoked or terminated, provided however that a permit shall automatically terminate when the permit holder ceases to reside in the designated residential permit parking zone. (b) No residential parking permit issued pursuant to this article shall be transferable from the permit holder to any other person, nor from one vehicle to another. (c) Nothing in this article, nor any permit issued pursuant thereto, shall authorize a violation of section 10-185.
(d) The city council may establish by resolution an expiration date for all outstanding residential and guest parking permits if the city council determines that an unacceptable number of permits are being used by nonresidents of the designated permit-parking zone or that permits are being used in a manner inconsistent with and/or in violation the purposes of this article.
10-221.5. Violations.
(a) Parking a vehicle in violation of this article shall be an infraction. (b) It shall be a violation of this article and an infraction for any person to falsely represent himself or herself as eligible for a residential parking permit or to furnish false information in an application therefor.
(c) It shall be a violation of this article and an infraction for any person issued a residential parking permit pursuant to this article to allow the use of such permit for a motor vehicle other than that for which the permit was issued. Any person who so uses a residential parking permit on a motor vehicle other than that for which it was issued is likewise guilty of a violation of this article, and an infraction.

ATTACHMENT 1
4 508
(d) It shall be a violation of this article and an infraction for any person to copy, produce, or otherwise bring into existence a facsimile or counterfeit parking permit. Any person who knowingly uses a facsimile or counterfeit parking permit, with intent to evade prohibitions or limitations on parking in a designated permit-parking area, is likewise guilty of a violation of this article, and an infraction.
(e) It shall be a violation of this article and an infraction for any person to sell to, transfer to, or exchange a parking permit with any other person except as provided for in this article.
(f). In addition to any other penalties under this article, the director may revoke, cancel or suspend a permit and/or eligibility therefore based upon a violation of subsection (b), (c), (d) and/or (e).
10-222. Parking on city property—Designation of “permit parking only” areas.

The city manager may designate portions of city-owned property other than streets, alleys or highways, for parking by permit only and may order the posting of signs bearing the legend, “Permit Parking Only.”
10-223. Same—Prohibited parking.

When authorized signs have been posted and are in place giving notice of restrictions as provided in this article, it is unlawful and an infraction for any person to park or leave parked a vehicle within an area designated for parking by permit during the times when such parking is prohibited, other than a vehicle that has been issued a valid permit or exempted pursuant to section 10-221.
10-224. Same—Enforcement.

Any regularly employed and salaried police officer or police cadet, or any non-safety city employee empowered to issue citations pursuant to section 1-33.1 of this Code and implementing resolutions of the city council, is authorized to enforce the provisions of sections 10-221.5 through 10-224 by issuing infraction citations.

Section 2. Existing Residential Parking Permits. The city council may by resolution and upon written notice terminate any residential parking permits and/or residential permit parking zones existing at the time of adoption of this Ordinance and/or may require existing residential permit parking holders to apply for permits in compliance with the provisions of this Ordinance.

Section 3. Environmental Compliance. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the ordinance is not a “project” and further, that it can be seen with certainty that there is no possibility that the ordinance in question may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under the CEQA is required, ATTACHMENT 1
5 509
pursuant to CEQA Guidelines Section 15061(b)(3). In addition, the Ordinances is exempt pursuant to CEQA Guidelines Section 15308 (Class 8, Actions by Regulatory Agencies for the Protection of the Environment) because the adoption of this Ordinance is required to comply with state law in order to protect the environment.

Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 5. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.

No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors.

Section 6. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 7. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.

PASSED, APPROVED AND ADOPTED this 19th day of July, 2022. _____________________________
John Stephens, Mayor
ATTEST:
______________________________
Brenda Green, City Clerk
APPROVED AS TO FORM:
______________________________
Kimberly Hall Barlow, City Attorney
ATTACHMENT 1
6 510

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 Ordinance No. 2022-04 was duly introduced and given first reading at a regular meeting of the City Council held on June 21, 2022 and adopted at a regular meeting of the City Council held on the 19th day of July, 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 19th day of July, 2022.
________________________________

BRENDA GREEN, CITY CLERK
(SEAL)
ATTACHMENT 1
7 511
O
RDINANCE NO. 2022-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING ARTICLE 3 (PARKING BY PERMIT ONLY) OF CHAPTER XI (STOPPING,

STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS ) OF TITLE 10 (MOTOR VEHICLES AND TRAFFIC) OF THE COSTA MESA MUNICIPAL

CODE RELATING TO RESIDENTIAL PERMIT PARKING
W
HEREAS, the City Council of the City of Costa Mesa adopted a Residential Permit Parking Program (RPP) in January 2016; and
W HEREAS, the RPP helps to relieve parking congestion on public streets adjacent to impacted residential areas by vehicles unrelated to the neighborhood; and W HEREAS , parking demands from single- family residential, multi- family residential, and commercial parking shortages in recent years have caused significant parking impacts on other adjacent residential neighborhoods; and WHEREAS, the C
ity has received significant feedback from residents and business owners related to the limited parking on public streets; and WHEREAS, the City considered the following criteria and interests wh ile drafting amendments to the RPP , including that there is a growing number of vehicles per household, older neighborhoods were originally designed for a lower parking demand, there is insufficient parking within multi-family communities, and many garages are used for storage; and
WHEREAS, when a single-family street becomes a newly designated residential permit parking street, vehicles are displaced and moved to other streets, and streets that are designated with residential permit parking oftentimes are less utilized since residents not living on that street are displaced and must find parking elsewhere, resulting in an unintended impact on surrounding streets; and
WHEREAS, the City caused to be conducted a Citywide Parking Study in January 2020, which engaged stakeholders, sought to understand parking challenges, evaluated the current RPP, and developed recommendations for the City’s parking operations; and WHEREAS, during the Citywide Parking Study, over 40 community members attended a community outreach meeting where they expressed support for implementing a residential parking permit fee and keeping an RPP; and WHEREAS, the
findings of the Citywide Parking Study led to the amended RPP’s principles which are equitable access, sustainable solutions, and efficient program management; and
ATTACHMENT 1
8 (CLEAN VERSION)
512
W
HEREAS, th e City’s amended RPP is aligned with the Attorney General’s opinion which recommends that cities do not distinguish among residents based on the type of dwellings in which they live when issuing residential parking permits; and WHEREAS, the C ity Council held a duly noticed public hearing on Ordinance No. 2022-XX on June 21, 2022, at which time it considered all evidence presented, both written and oral; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occur
red.

NOW, THEREFORE, THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Article 3 (Parking by Permit Only) of Chapter XI (Stopping, Standing or Parking Restricted or Prohibited on Certain Streets ) of Title 10 (Motor Vehicles and Traffic) of the Costa Mesa Municipal Code is hereby amended to read as follows:

ARTICLE 3. PARKING BY PERMIT ONLY
10-221. Parking of unpermitted vehicles prohibited.

When authorized signs have been posted pursuant to resolution of the city council and are in place giving notice of restrictions, it is unlawful and an infraction for any person to park any vehicle on any public street or alley so restricted, unless a parking permit therefor has been issued by the city as provided for in this article. This restriction shall not apply to police vehicles or other authorized emergency vehicles and/ or city-owned vehicles when used for official business, or to service vehicles, clearly marked as such, while the owner or operator of the vehicle is providing a service to a residence located in that residential permit parking zone.
10-221.1. Issuance of permits to residents.

ATTACHMENT 1
9 513
(3) The maximum number of residential parking permits that shall be authorized to any one dwelling unit shall be four (4).
(b) Gu
est parking permits.
(1) Each resident parking permit holder may apply for temporary guest parking permits for use by his or her guests in the parking zone where the permit holder resides by submitting an application therefore to the public services department. (2) A parking permit holder may receive up to a maximum of one hundred (100) guest parking permits per year per dwelling unit, which must be displayed by guests of such permit holder.
(c) Residential Permit Parking Polic y. The city council, the city manager and/or designee may adopt policies and/or administrative regulations to implement this article, including but not limited to the establishment of residential permit parking zones and the criteria for the issuance, denial, revocation, duration and/or number of permits. 10-221.2.5. D efinitions
Words and phrases not defined herein shall have the meanings ascribed to them in this Title 10, Title 1 and Title 13.

Director – the director of the public services department or his or her designee.

Permit – means a residential parking permit issued by the director pursuant to the provisions of this article.

Residential permit parking polic y or policy – means the residential permit parking policy and/or administrative regulations adopted by the city to implement this article pursuant to section 10-221(c).

Residential permit parking zone or zone – a contiguous area within the city comprised of one or more streets and/or alleys that have been designated for parking by residents of that area only pursuant to this article.
10-221.3. Application for permit and action thereon.
(a) To be issued a residential parking permit, each eligible driver shall provide the following to the public services department:
(1) The applicant’s full, true name and home address, and proof of residence; (2) The applicant’s driver license;
(3) A valid and current vehicle registration and license plate number of the vehicle for which a permit is sought;
(4) The applicable fee; and
(5) Such other information set forth in the policy.

ATTACHMENT 1
10 514

(b) Staff shall issue a temporary permit to an eligible driver for a rented or borrowed registered vehicle where the eligible driver residing in a residential permit parking zone, demonstrates their own vehicle is unavailable for that driver’s use for a temporary period.

Such permits will expire upon the return to use of the originally permitted vehicle or its replacement.
(c) Permits will not be issued for commercial vehicles that are registered to business addresses.
(d) The denial, suspension and/or revocation of a residential parking permit and/or eligibility therefore by the director pursuant to this article may be appealed to the Planning Commission pursuant to Article 2 of Chapter IX of this Code. (e) Each type of permit applied for and or renewed pursuant to this article shall be subject to a fee or fees as established by the city council. 10-221.4. Duration of permits.
(a) Residential parking permits shall be valid for one (1) year, unless earlier revoked or terminated, provided however that a permit shall automatically terminate when the permit holder ceases to reside in the designated residential permit parking zone. (b) No residential parking permit issued pursuant to this article shall be transferable from the permit holder to any other person, nor from one vehicle to another. (c) Nothing in this article, nor any permit issued pursuant thereto, shall authorize a violation of section 10-185.
(d) The city council may establish by resolution an expiration date for all outstanding residential and guest parking permits if the city council determines that an unacceptable number of permits are being used by nonresidents of the designated permit-parking zone or that permits are being used in a manner inconsistent with and/or in violation the purposes of this article.
10-221.5. Violations.
(a) Parking a vehicle in violation of this article shall be an infraction. (b) It shall be a violation of this article and an infraction for any person to falsely represent himself or herself as eligible for a residential parking permit or to furnish false information in an application therefor.
(c) It shall be a violation of this article and an infraction for any person issued a residential parking permit pursuant to this article to allow the use of such permit for a motor vehicle other than that for which the permit was issued. Any person who so uses a residential parking permit on a motor vehicle other than that for which it was issued is likewise guilty of a violation of this article, and an infraction.

ATTACHMENT 1
11 515
(
d) It shall be a violation of this article and an infraction for any person to copy, produce, or otherwise bring into existence a facsimile or counterfeit parking permit. Any person who knowingly uses a facsimile or counterfeit parking permit, with intent to evade prohibitions or limitations on parking in a designated permit-parking area, is likewise guilty of a violation of this article, and an infraction.
(e) It shall be a violation of this article and an infraction for any person to sell to, transfer to, or exchange a parking permit with any other person except as provided for in this article.
(f). In addition to any other penalties under this article, the director may revoke, cancel or suspend a permit and/or eligibility therefore based upon a violation of subsection (b), (c), (d) and/or (e).
10-222. Parking on city property—Designation of “permit parking only” areas.

When authorized signs have been posted and are in place giving notice of restrictions as provided in this article , it is unlawful and an infraction for any person to park or leave parked a vehicle within an area designated for parking by permit durin g the times when such parking is prohibited, other than a vehicle that has been issued a valid permit or exempted pursuant to section 10-221.
10-224. Same—Enforcement.

Any regularly employed and salaried police officer or police cadet, or any non-safety city employee empowered to issue citations pursuant to section 1- 33.1 of this Code and implementing resolutions of the city council, is authorized to enforce the provisions of sections 10-221.5 through 10-224 by issuing infraction citations.

S
ection 2. Exis ting Residential Parking Permits. The city council may by resolution and upon written notice terminate any residential parking permits and/or residential permit parking zones existing at the time of adoption of this Ordinance and/or may require existing residential permit parking holders to apply for permits in compliance with the provisions of this Ordinance.

pursuant to CEQA Guidelines Section 15061(b)(3). In addition, the Ordinances is exempt pursuant to CEQA Guidelines Section 15308 (Class 8, Actions by Regulatory Agencies for the Protection of the Environment) because the adoption of this Ordinance is required to comply with state law in order to protect the environment.

Section 4. Incons istencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 5. Sever
ability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.

No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors.

Section 6. E
ffective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 7. Cert ification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.

PASSED, APPROVED AND ADOPTED this 19th day of July, 2022.

_____________________________
John Stephens, Mayor

ATTEST:

______________________________
Brenda Green, City Clerk

APPROVED AS TO FORM:

______________________________
Kimberly Hall Barlow, City Attorney
ATTACHMENT 1
13 517

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 Ordinance No. 2022-04 was duly introduced and given first reading at a regular meeting of the City Council held on June 21, 2022 and adopted at a regular meeting of the City Council held on the 19th day of July, 2022, by the following roll call vote, to wit:

AYES:

COUNCIL MEMBERS:

N
OES: COUNCIL MEMBERS:

ABSEN
T: COUNCIL MEMBERS:

I
N WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19th day of July, 2022.
________________________________

BRENDA GREEN, CITY CLERK
(
SEAL)
ATTACHMENT 1
14 518
May
3July 19, 2022

CITY COUNCIL GUIDELINES AND POLICIES FOR CONSIDERATION OF

INSTALLATION OR REMOVAL OF RESIDENT ONLY PERMIT PARKING The City of Costa Mesa’s Resident Permit Parking (RPP) Program was developed with the following guiding principles:
 Equitable access : Develop equitable programs that appropriately balance the parking needs of all residents, businesses, and visitors, while enabling the on-street parking supply to serve the community fairly, and enhance access for all.  Sustainable solutions: Implement financially sustainable strategies that modernize and streamline parking program management.
 Efficient program management: Create an efficient and adaptable parking system that is optimized for the City’s current needs, but can be incrementally updated and adjusted over time.

The RPP program is aligned with the Attor ney General’s opinion and develops an equitable solution that serves the needs of a ll Costa Mesa residents. The 2016 California Attorney General’s opinion (#14-304), states “In issuing long-term residential parking permits, local authorities may not distinguish among residents based on the type of dwelling in which they live.”
Resident only permit parking will be limited to areas experiencing external parking demand which includes impacts from commercial areas, neighboring cities, the Orange County Fairgrounds, schools, and recreati onal facilities. At the ons et of this RPP program, a phased renewal process will be implemented for existing residential parking permit streets from the prior RPP program (prior to 2021).

Requests for new RPP zones will be reviewed and evaluated by Transportation Services staff using the following guidelines and policies:
 Permit eligibility includes Costa Mesa re sidents of all housing types in compliance with the 2016 California Attorney General’s opinion and removes the limitation of the program to only single family, R-1 zones.
 RPP eligibility zones are limited to areas experiencin g external parking demand which includes impacts fr om commercial areas, neighboring cities, the Orange County Fairgrounds, schools, and recreational facilities.  Requests for installation or removal of resident only permit parking willshall be considered as a neigh borhood permit zone system established with a recommended minimum street-frontage of about 2,000 feet (both sides of the street included) which is about four blocks instead of on a street-by-street basis. The Transportation Services Manager or designee will determine the appropriate length of a neighborhood permit zone.
 When considering requests to implement resident permit parking, the City will conduct parking occupancy surveys to determine the utilization of on-street parking.

ATTACHMENT 2
(REDLINE VERSION)
519
2 A 70% parking occupancy threshold of all available on-street parking and visible off- street parki
ng is required for consideration of new neighborhood permit zones.  A petition signed by a majority (51% or grea ter) of households is required to install or remove neighborhood permit zones for resident permit parking. o For petitions in rental complexes, the residents, property managers, and property owners will participat e in the petition survey. If the units in a multi- family property are individually owned, each owner would be included in the petitioning.
 Only one signature per household will be considered.
 Upon receipt of a valid (majority) petition for a neighborhood permit zone, the City will send notification of t he resident only permit parking installation or removal request to all households in the affected neighborhood zone.  If the Transportation Services Manager approves the install or removal of a neighborhood permit parking zone per these guidelines and policies, a recommendation will be forward ed to the City Council for fi nal action. Once final action has been taken by the City Council, no further changes or requests for changes in resident permit parking for this neighborhood zone will be considered for a minimum period of one year.
 Resident permit parking will be implemented in accordance with the provisions of the Costa Mesa Municipal Code summarized below:
o Replace a maximum of three (3) permits per household limit, with up to oOne (1) resident parking permit per eligible driver based on v erification of residence and vehicle registration and maximum of four (4) permits per dwelling.
o Permits are non-transferable and strictly associated with the vehicle's license plate number.
o Continue to provide a mM aximum of one hundred (100) guest parking permits per year to each eligible hous ehold. Each guest pass is for one-time use only. Staff will consider guest passes for special events on a case-by- case basis.
o Parking permits are valid only for the zone in which issued. o An annual resident permit parking fee structure with an escalating rate structure and low cost permits for qualifying low income residents will be implemented with the amount of annual permit fees subject to change annually. The current fee structure is provided as an attachment and subject to change annually.

City Counc
il Approved May 3, 2022
ATTACHMENT 2
520
ATTACHMENT 3
Resolution No. 2022-xx Page 1 of 4
RESOLUTION NO. 2022-xx

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

CALIFORNIA, ESTABLISHING RESIDENTIAL PARKING PERMIT PROGRAM ANNUAL FEES FOR FISCAL YEAR 2022 - 2023

WHEREAS, California Vehicle Code section 22507(a) allows local authorities to establish by ordinance or resolution a designation of certain streets upon which preferential parking privileges are given to residents; and WHEREAS, the City Council of the City of Costa Mesa adopted a Residential Permit Parking Program (RPP) in January 2016; and
WHEREAS, the demands from single -family residential, multifamily residential, and commercial parking shortages in recent years hav e caused significant impacts on other adjacent residential neighborhoods; and
WHEREAS, the City caused to be conducted a Citywide Parking Study in January 2020, which engaged stakeholders, sought to understand parking challenges, evaluated the original RPP, and developed recommendations for the City’s Parking operations; and WHEREAS, revised RPP guidelines and policies were approved by the City Council on May 3, 2022 at its regular meeting; and
WHEREAS, the RPP program seeks to implement principles that ensure equitable access, sustainable solutions, and efficient program management; and WHEREAS, the changes to the RPP program will be limited to areas experiencing external parking impacts from commercial areas, neighboring citi es, fairgrounds, and recreational areas; and
WHEREAS, all housing types within impacted areas are eligible for permits, with one permit per driver based on verification of residence and vehicle registration; and WHEREAS, Section 10 -221.3 of the Costa Me sa Municipal Code authorizes the City Council to establish fees for residential parking permits; and WHEREAS, the study supports implementing fees for residential parking permits to recover costs incurred, with an annual permit parking fee and an escalati ng rate structure that creates discounted permit fees for qualifying low-income residents.

521
ATTACHMENT 3
Resolution No. 2022-xx Page 2 of 4

NOW, THEREFORE, THE COSTA MESA CITY COUNCIL HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

Section 1.
a. The foregoing recitals are true and correct and are inc orporated herein by reference.
b. Annual residential parking permit fees during fiscal year 2022 - 2023 shall be as provided in Exhibit A attached hereto.
c. Annual residential parking permit fees for qualifying low -income residents during fiscal year 2022 – 2023 shall be as provided in Exhibit A attached hereto.

Section 2. The City Council of the City of Costa Mesa hereby repeals any resolutions or parts thereof which are inconsistent with this Resolution.

Section 3. This Res olution shall take effect sixty (60) days after City Council approval.

PASSED AND ADOPTED this 19th day of July, 2022.

____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 522
ATTACHMENT 3
Resolution No. 2022-xx Page 3 of 4
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 19th day of July, 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 19th day of July, 2022.

________________________
Brenda Green, City Clerk

523
ATTACHMENT 3
Resolution No. 2022-xx Page 4 of 4

EXHIBIT A

CITY OF COSTA MESA

RESIDENTIAL PARKING PERMIT PROGRAM

ANNUAL FEES

FISCAL YEAR 2022-2023
Fee Structure Per Dwelling
Annual Residential Parking Permit Fees

Residential Parking Permit - 1st $25
Residential Parking Permit - 2nd $50
Residential Parking Permit - 3rd $75
Residential Parking Permit - 4th $100
100 Guest Permits $25
Annual Residential Parking Permit Fees for Qualifying Low Income Residents Residential Parking Permit - 1st Free
Residential Parking Permit - 2nd Free
Residential Parking Permit - 3rd $25
Residential Parking Permit - 4th $50
100 Guest Permits $25
524
FISCAL YEAR 2022-2023
Escalating Fee Structure Per Dwelling
Annual Residential Parking Permit Fees
Residential Parking Permit - 1st $25
Residential Parking Permit - 2nd $50
Residential Parking Permit - 3rd $75
Residential Parking Permit - 4th $100
100 Guest Permits $25
Annual Residential Parking Permit Fees for Qualifying Low Income Residents Residential Parking Permit - 1st Free
Residential Parking Permit - 2nd Free
Residential Parking Permit - 3rd $25
Residential Parking Permit - 4th $50
100 Guest Permits $25

CITY OF COSTA MESA

RESIDENTIAL PARKING PERMIT PROGRAM

PROPOSED ANNUAL FEES
ATTACHMENT 4
525
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-801 Meeting Date: 7/19/2022
TITLE:

APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR THE COLLECTION OF

DELINQUENT CIVIL CITATIONS FOR MUNICIPAL CODE VIOLATIONS DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR, (714) 754-5243 RECOMMENDATION:

Staff recommends the City Council:

1. Conduct a Public Hearing.

2. Adopt the attached resolution approving the certification of special assessments for delinquent civil fines for municipal code violations in relation to unlicensed illicit cannabis and other municipal code violations.

BACKGROUND:

Since the legalization of recreational use of cannabis in 2016 under Proposition 64, illegal cannabis operations (dispensaries) have proliferated throughout the State. The participants in these operations, including property owners and employees, have conducted business in cities without regard to local ordinances, state permits and state building and fire codes. Specifically, these dispensaries have disregarded the ordinances regulating cannabis uses enacted by the voters of the City (Measures X and Q) and the City Council - all to the detriment of the general public, as well as the legal and City-permitted cannabis businesses currently or soon to be operating in the City.

The City has attempted to curb illegal and unlicensed cannabis operations that have been operating throughout the City, as well as other municipal code violations by issuing citations for these violations, which include operating without a business license, lack of required building permits, and operating an unlicensed cannabis dispensary.

All commercial, residential, public assembly, and other buildings within a governmental jurisdiction are required to be constructed in accordance with the jurisdiction’s municipal code provisions.

Permitting regulates construction and property use to ensure safe, healthy, efficient, and accessible environments for human occupancy and habitation. Building permit violations can jeopardize public health and safety; and these citations hold violators accountable for unpermitted and illegal activity.

As part of the City’stargeted enforcement, citations have been issued to property owners, business

Page 1 of 3 ends

526
File #: 22-801 Meeting Date: 7/19/2022
As part of the City’stargeted enforcement, citations have been issued to property owners, business operators, and employees. All parties who were issued citations had 30 days to pay fines before being considered delinquent. Delinquent citations are then forwarded to the Finance Department for collection.

Pursuant to State law, certain delinquent fines, interest, and penalties may be collected as part of nuisance abatement procedures authorized by Government Code Section 38773.5. This allows the City to place delinquent citations on the County’sproperty tax roll as a special tax for collection purposes.

ANALYSIS:

Government Code Section 38773.5 authorizes municipalities’ legislative bodies to adopt an ordinance to establish a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel. The assessments are limited to property related violations. The City’sprocedures pursuant to Section 38773.5 are set forth in Costa Mesa Municipal Code (CMMC) Section 1-48, Collection of Unpaid Fines.

Staff has made repeated attempts without success to collect the Civil Citation fines due from the property owners and affiliated parties listed in Attachment 2. There are a total of 76 delinquent civil citations that are recommended to be assessed against 44 properties. The total delinquent amount is $120,200.

Persons cited were notified in writing at the time of citation issuance of their right to a hearing pursuant to CMMC Sections 1-45 through 1-47. In addition, each property owner recently was mailed a formal letter, via certified mail on July 7, 2022, of the proposed special assessment against their property for the delinquent civil citations and the date and time of the public hearing. Further, the letter included information that their right to an administrative hearing and judicial review of the citation issued against them has now expired.

The purpose of the public hearing is to consider a resolution to certify the special assessments and authorize recording such assessments against the respective properties as liens. This action will also authorize the Tax Collector for the County of Orange to place the assessments on the tax roll and proceed to collect the assessments as property tax liens against their properties. Should the assessments be added to the tax roll as liens, penalties and interest will continue to accrue until paid at the maximum rate as allowed by State law.

Pursuant to Government Code Section 38773.5(c), at the time of imposition of the assessment, a notice will be given to the property owner notifying them the property may be sold after three years by the County tax collector for unpaid delinquent assessments.

Property owners identified in Attachment 2, may appear before City Council at the public hearing and contest the amount and/or validity of any lien or assessment for a civil fine.

However, pursuant to CMMC 1-48(4), such contests shall be limited to the issue of the amount and/or validity of the lien or assessment (whether the civil citation can legally be added to the tax roll as a special assessment) and may not consider whether the underlying Code violation occurred.

Finally, a legal notice advertising the public hearing, which is required pursuant to Government Code

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527
File #: 22-801 Meeting Date: 7/19/2022
Finally, a legal notice advertising the public hearing, which is required pursuant to Government Code Section 38773.1(b), was published in the Daily Pilot on July 8, 2022.

ALTERNATIVES:

City Council may choose to reject the resolution and direct staff to proceed to collect delinquent civil citations through a collection agency, which historically has a low collection rate, therefore, limiting the effectiveness of compliance enforcement through citations. Adding the Civil Citation fines to Special Assessment liens provides an additional mechanism to assist Code Enforcement Officers in their effort to ensure compliance with the CMMC as it pertains to illegal and unlicensed cannabis and other business operators.

FISCAL REVIEW:

By certifying the Special Assessments to the Orange County Assessor for inclusion on the Property Tax Roll, the City has a greater likelihood to collect delinquent fines and curb the illegal and unlicensed cannabis or other operations and other municipal code violations within City limits. The County charges 0.30 percent (0.30%) of the original value for each special tax, fee, or assessment that is to be collected on the County tax rolls. The citations currently total $120,200.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Staff recommends the City Council:

1. Conduct a Public Hearing.

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Attachment 1
RESOLUTION NO. 2021-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF COSTA MESA, CALIFORNIA, CERTIFYING SPECIAL

ASSESSMENTS FOR COLLECTING DELINQUENT CIVIL

FINES FOR VIOLATIONS OF THE COSTA MESA

MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

WHEREAS, the City Council has adopted Chapter II of Title 1 of the Costa Mesa Municipal Code, which authorizes the issuance of civil citations that impose fines upon persons who violate the provisions of the Costa Mesa Municipal Code (“CMMC”); and WHEREAS, certain civil citations have been issued and the civil fines imposed thereby have not been paid by the responsible persons who committed the CMMC violations; and
WHEREAS, Government Code section 38773.5 authorizes the City of Costa Mesa to collect delinquent fines, interest , and penalties as part of nuisance abatement procedures; and
WHEREAS, the City’s procedures to collect delinquent fines, interest , and penalties are set forth in CMMC section 1 -48, which procedures have been followed, including but not limited to providing notice to each of the owners of real property of t he public hearing held by the City Council on July 19, 20 22 for the purpose of certifying special assessments against properties where public nuisances have occurred; and WHEREAS, the City Council wishes to certify those certain fines, interest, and penalties as delinquent and have them collected as special assessments against the real property involved pursuant to the provisions of Government Code section 38773.5.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

1. The City Council h eld a public hearing on July 19, 20 22, which was properly noticed as required by Government Code section 38773.5, for the purpose of certifying special assessments against properties where public nuisances have occurred.
529
Attachment 1

2. The special assessments designated on Attachment s 1 through 3, incorporated herein by this reference, are hereby certified as being delinquent civil fines, interest and penalties owing to the City of Costa Mesa and qualified for collection as special assessments under the Government Code.

3. The City Council orders that these delinquent fines, interest and penalties are to be collected as special assessments against the respective properties shown on Attachments 1 through 3 pursuant to the provisions of Government Code section 38773.5.

4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps for recording notice of such assessments against the respective properties in the property records of the County of Orange and for obtaining the collection of such assessments by the Tax Collector of the County of Orange.

5. The City Treasurer is also authorized to take the necessary steps to have releases filed with the County Recorder when any such special assessments have been paid.

PASSED AND ADOPTED this 19th day of July, 2022.

___________________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

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

530
Attachment 1

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 t he original of Resolution No. xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 19th day of July, 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

_________________________________

BRENDA GREEN, CITY CLERK

(SEAL)

531
Attachment 2
City of Costa Mesa
Special Tax Assessments to Property Tax Roll
DELINQUENT CANNABIS RELATED CIVIL CITATIONS FROM JUN-2021 TO JUN-2022 # PARCEL

NUMBER CUSTOMER NAME VIOLATION

ADDRESS AMOUNT
139-651-05 MELODY BABAEI 3595 CADDILAC AVE #101 $175
139-651-05 MOHAMAD HASSAN ZAL 3595 CADDILAC AVE #101 $175 139-651-05 ROBERT WILLIAM WALLACE 3595 CADDILAC AVE #101 $175 139-651-05 SHAHIN MOTAMEDHASHEMI 3595 CADDILAC AVE #101 $175 Parcel Subtotal: $700
2 139-661-13 GU YAOJI 3505 CADILLAC AVE K2 $4,025
Parcel Subtotal: $4,025
3 141-191-39 DUSTIN NOWICK THE HOLY FIRE 2940 COLLEGE AVE $3,025 Parcel Subtotal: $3,025
419-203-07 DAISY CERVANTES 2000 HARBOR BLVD A100-104 $3,025 419-203-07 SPENCER SAEYANG 2000 HARBOR BLVD A116-118 $6,025 419-203-07 SPENCER SAEYANG 2000 HARBOR BLVD A116-118 $3,025 Parcel Subtotal: $12,075
5 425-341-07 BUD BUD & BEYOND 1526 NEWPORT BLVD #B $3,025 Parcel Subtotal: $3,025
425-361-14 126 PROPERTIES LLC 1630 SUPERIOR AVE $3,025 425-361-14 126 PROPERTIES LLC 1630 SUPERIOR AVE $3,025 425-361-14 OMAR ORTEGA 1630 SUPERIOR AVE $3,025
425-361-14 OMAR ORTEGA 1630 SUPERIOR AVE $3,025
Parcel Subtotal: $12,100
6 1
4 532
Attachment 2
City of Costa Mesa
Special Tax Assessments to Property Tax Roll
DELINQUENT CANNABIS RELATED CIVIL CITATIONS FROM JUN-2021 TO JUN-2022 # PARCEL

NUMBER CUSTOMER NAME VIOLATION

ADDRESS AMOUNT
425-442-03 LMUSA INC/MOUSA HALABI 128-132 CABRILLO ST $6,025 425-442-03 LMUSA INC/MOUSA HALABI 128-132 CABRILLO ST $6,025 425-442-03 LMUSA INC/MOUSA HALABI 128-132 CABRILLO ST $6,025 425-442-03 LMUSA INC/MOUSA HALABI 132 CABRILLO ST $625
425-442-03
THE WEED SPOT 128-132 CABRILLO ST $6,025
425-442-03 THE WEED SPOT 128-132 CABRILLO ST $6,025
425-442-03 THE WEED SPOT 128-132 CABRILLO ST $6,025
425-442-03 THE WEED SPOT 128-132 CABRILLO ST $3,025
425-442-03 THE WEED SPOT 132 CABRILLO ST $2,675
425-442-03
THE WEED SPOT 132 CABRILLO ST $2,525
425-442-03
THE WEED SPOT 132 CABRILLO ST $1,525
425-442-03
THE WEED SPOT 132 CABRILLO ST $775
Parcel Subtotal: $47,300
8 426-121-14 JEREMY BROWN/MED RUSH INC 2134 NEWPORT BLVD #B $3,025 Parcel Subtotal: $3,025
9 439-281-04 H3 HOLISTIC HEART HEALING MINISTRIES 2428 NEWPORT BLVD #6 $6,025 Parcel Subtotal: $6,025
GRAND TOTAL $91,300
7 533
Attachment 3
City of Costa Mesa
Special Tax Assessments to Property Tax Roll
DELINQUENT CONDITIONAL USE PERMIT (CUP) RELATED CIVIL CITATIONS FROM JUN-2021 TO JUN-2022 # PARCEL

NUMBER CUSTOMER NAME VIOLATION

ADDRESS AMOUNT
1 424-202-04 MARIO TERRIQUEZ ANDRADE 702 CENTER ST. $175 Parcel Subtotal: $175
GRAND TOTAL $175
534
Attachment 4
City of Costa Mesa
Special Tax Assessments to Property Tax Roll
DELINQUENT BUILDING PERMIT RELATED CIVIL CITATIONS FROM JUN-2021 TO JUN-2022 # PARCEL

NUMBER CUSTOMER NAME VIOLATION

ADDRESS AMOUNT
1 119-102-71 ELIZABETH CHANG 225 MONTE VISTA AVE $175
Parcel Subtotal: $175
2 139-123-07 MICHAEL C VAUPEL,THE VAUPEL FAMILY TRUST 3152 COUNTRY CLUB DR $175 Parcel Subtotal: $175
3 139-164-07 SRG FINANCIAL INC 3069 CEYLON RD $175
Parcel Subtotal: $175
4 139-223-33 RS REAL ESTATE 2953 ANDROS ST $175
Parcel Subtotal: $175
5 139-252-13 OZINGA MARTIN III 2934 MAUI PLACE $175
Parcel Subtotal: $175
6 139-301-12 CHRISTOPHER LEE BUTTON 1548 ELM AVE $175
Parcel Subtotal: $175
7 139-383-02 JEIKS TRUST 1883 RHODES DR. $175
Parcel Subtotal: $175
8 139-532-11 MARK & TRACY BROWN 2027 PHALAROPE CT $175 Parcel Subtotal: $175
9 139-563-06 LAGOON BLUE LIVING TRUST 3099 GINGER AVE #A $175 Parcel Subtotal: $175
10 141-221-37 NGUYEN TAO TRUNG TT / NGUYEN MD INC 2901 MENDOZA DR. APT #A $175 Parcel Subtotal: $175
11 141-384-09 SEAN/MARY SULLIVAN 344 WESTBROOK PLACE $175 Parcel Subtotal: $175
535
Attachment 4
City of Costa Mesa
Special Tax Assessments to Property Tax Roll
DELINQUENT BUILDING PERMIT RELATED CIVIL CITATIONS FROM JUN-2021 TO JUN-2022 # PARCEL

NUMBER CUSTOMER NAME VIOLATION

ADDRESS AMOUNT
12 141-424-16 LAWRENCE & COLLEEN WHITFIELD 2525 LEHIGH PL. $525 Parcel Subtotal: $525
13 412-213-05 CARAID SWABY 937 AZALEA DR $175
Parcel Subtotal: $175
14 418-182-05 SEAN PATTERSON 2750 BRISTOL ST $2,025
Parcel Subtotal: $2,025
418-182-06 WALKER GROUP VENTURES 2750 BRISTOL ST $1,425 418-182-06 WALKER GROUP VENTURES 2750 BRISTOL ST $775
418-182-06 WALKER GROUP VENTURES 2750 BRISTOL ST $2,025 Parcel Subtotal: $4,225
16 419-085-07 JUSTIN/RILEY SEGURA 2268 COLUMBIA DR $175 Parcel Subtotal: $175
422-041-21 CEFALIA JOSEPH JR 2160 PACIFIC AVE $1,525
422-041-21 CEFALIA JOSEPH JR 2160 PACIFIC AVE $1,525
422-041-21 CEFALIA JOSEPH JR 2160 PACIFIC AVE $1,525
422-041-21 CEFALIA JOSEPH JR 2161 PACIFIC AVE $1,525
Parcel Subtotal: $6,100
18 422-082-08 PORFIRIO ZARATE 1015 AMERICAN PL $175
Parcel Subtotal: $175
19 422-272-09 JOHN M. MOREHART/LISA CERVANTES MOREHART 1954 PLACENTIA AVE $625 Parcel Subtotal: $625
15 17
536
Attachment 4
City of Costa Mesa
Special Tax Assessments to Property Tax Roll
DELINQUENT BUILDING PERMIT RELATED CIVIL CITATIONS FROM JUN-2021 TO JUN-2022 # PARCEL

NUMBER CUSTOMER NAME VIOLATION

ADDRESS AMOUNT
20 422-282-18 MARTIN ARGUETA 782 W 20TH ST $175
Parcel Subtotal: $175
21 422-301-16 SEMI TROPIC WINES 816 W 19TH ST $475
Parcel Subtotal: $475
22 422-352-24 MARK/HUBER C FERRY 920 DARRELL ST $325
Parcel Subtotal: $325
23 422-391-05 SAKHI SULTAN 869 W. WILSON ST $175
Parcel Subtotal: $175
422-512-12 ROB A DUBAR 1933 FEDERAL AVE $525
422-512-12 ROB A DUBAR 1933 FEDERAL AVE $525
422-512-12 ROB A DUBAR 1933 FEDERAL AVE $525
422-512-12 ROB A DUBAR 1933 FEDERAL AVE $325
422-512-12 ROB A DUBAR 1933 FEDERAL AVE $175
Parcel Subtotal: $2,075
425-392-11 ALICE CONNOR 200-206 CABRILLO ST $1,525
425-392-11 ALICE CONNOR 200-206 CABRILLO ST $1,525
425-
392-11 ALICE CONNOR 200-206 CABRILLO ST $1,525
425-
392-11 ALICE CONNOR 200-206 CABRILLO ST $1,525
425-
392-11 ALICE CONNOR 200-206 CABRILLO ST $325
P
arcel Subtotal: $6,425
26 426-121-40 BESHAY ISSAC NEGEEB 2146 NEWPORT BLVD $525 Parcel Subtotal: $525
25 24
537
Attachment 4
City of Costa Mesa
Special Tax Assessments to Property Tax Roll
DELINQUENT BUILDING PERMIT RELATED CIVIL CITATIONS FROM JUN-2021 TO JUN-2022 # PARCEL

NUMBER CUSTOMER NAME VIOLATION

ADDRESS AMOUNT
27 426-232-02 JOSEPH HRUBOVCAK 374 WOODLAND PLACE $1,075 Parcel Subtotal: $1,075
28 426-241-23 TRANSITIONS III LLC 2021 ALISO AVE $175
Parcel Subtotal: $175
29 426-252-41 CATALINA ESTATES LLC 2039 IRVINE AVE $175 Parcel Subtotal: $175
30 426-273-24 REKA & ANDREAS ZILL 1986 ORANGE AVE $175 Parcel Subtotal: $175
439-091-17 VICEROY FUND LLC 335 UNIVERSITY DR $325
439-091-17 VICEROY FUND LLC 335 UNIVERSITY DR $175
Parcel Subtotal: $500
32 439-281-20 X-TREME MOTORSPORT LLC 123 MONTE VISTA AVE $325 Parcel Subtotal: $325
33 935-300-14 ANTHONY MCLEWEE 1003 NANCY LANE $175
Parcel Subtotal: $175
GRAND TOTAL $28,725
31 538
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-809 Meeting Date: 7/19/2022
TITLE:

AN ORDINANCE TO ADOPT AN EQUIPMENT USE POLICY GOVERNING THE USE OF SPECIFIED EQUIPMENT PURSUANT TO CALIFORNIA ASSEMBLY BILL (AB) 481.

DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: RONALD LAWRENCE, CHIEF OF POLICE
CONTACT INFORMATION: JASON CHAMNESS 714-754-5354
RECOMMENDATION:

Staff recommends the City Council to:

1. Hold a public hearing and introduce and give first reading to an Ordinance approving an amended AB 481 Equipment Use Policy.

2. Authorize the City Manager, or her designee, to work with the City Attorney’s Office to execute any and all documents necessary to acquire and finance/purchase a new armored rescue vehicle for the Police Department approved in the FY 2022-23 Budget.

BACKGROUND:

Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body via ordinance, adopting a “militaryequipment”use policy, prior to the agency funding, acquiring, or using equipment identified under AB 481.

AB 481 became law as of January 1, 2022. Per AB 481, law enforcement agencies are now required to first obtain approval for the policy content from their respective governing body. After enacting the ordinance adopting the policy, law enforcement agencies are further required to submit an annual report to the governing body for as long as the equipment is available for use. Agencies must also hold at least one community engagement meeting within 30 days of submitting and publicly releasing the annual report. Finally, agencies are required to attach an AB 481 equipment inventory to the policy. Agencies seeking to continue using AB 481 equipment acquired prior to January 1, 2022, had until May 1, 2022 to commence the governing body approval process described by the statute.

Staff commenced this process in March 2022 and the AB 481 Equipment Use Policy was submitted to the City Council and posted on the Costa Mesa Police Department’s(CMPD) website for public review on April 21, 2022. City Council conducted a first reading, with a public hearing, of an Ordinance adopting the AB 481 Equipment Use Policy on June 7, 2022. Subsequent to this first reading and public hearing, the CMPD determined that there was a need to amend the policy with

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File #: 22-809 Meeting Date: 7/19/2022
respect to certain equipment.

CMPD submitted the amended AB 481 Equipment Use Policy to City Council and posted it on the CMPD website for public review on June 15, 2022. The CMPD requests that City Council introduce and give first reading to the attached Ordinance approving the amended AB 481 Equipment Use Policy - Policy 706, in order to allow CMPD to continue to use the vital equipment specified therein.

ANALYSIS:

Items deemed to be AB 481 equipment are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance both citizen safety and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the CMPD.

The term “military equipment,” as used in AB 481, in fact does not necessarily indicate equipment that has been used by, or obtained from, the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, specialized firearms and ammunition to include assault weapons, less lethal 40mm projectile launchers, long range acoustic devices, flashbangs, “teargas,” and pepper balls.

CMPD is committed to using the most up to date tools and equipment to safeguard the citizens of Costa Mesa. Many of the items deemed to be AB 481 equipment are in fact employed by CMPD, and law enforcement agencies across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying AB 481 Equipment Use Policy, also provide CMPD’speace officers with vital tools that facilitate compliance with its stringent use of force policy.

Other items deemed to be AB 481 equipment include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision.

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below are vital to CMPD’s mission and will continue to be strictly regulated through internal processes and oversight.

The proposed ordinance seeks to approve the CMPD’sPolicy 706 which constitutes CMPD’sAB 481 Equipment Use Policy. Policy 706 outlines each item responsive to Government Code section 7070.

Policy 706 also includes a list of equipment deemed “military”under AB 481, including information regarding the description, cost, quantity, capabilities, purpose, authorized use, lifespan, fiscal impact, training, and legal and procedural rules for each item. A majority of these particular items, and their stated uses, have been in place prior to the implementation of AB 481. Future acquisitions of any item deemed to be “AB 481 Equipment” not contained in this policy will require a further public meeting, policy update, and council approval.

Each item’s necessity is further described below:

Unmanned remotely piloted powered aerial vehicle: Unmanned aerial systems (UAS) are necessary as they provide visibility to high-risk locations. Without the use of a UAS, peace officers would have

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File #: 22-809 Meeting Date: 7/19/2022
as they provide visibility to high-risk locations. Without the use of a UAS, peace officers would have to physically deploy to high-risk locations which would increase the risk to the officers and members of the public. The UAS system is designed to enter small spaces, such as enclosed structures, as well as to provide overhead observations of wooded areas and other structures located in often times crowded spaces. There are no known alternatives which could be used to safely access these locations.

Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissance during critical incidents to assist in providing visibility in areas where it would be unsafe to send a peace officer. This system can also be used to defuse or move potentially hazardous items. Not having access to this item would require the use of peace officers to engage in high-risk tasks. There is no known alternative to this system.

Armored Rescue Vehicles (ARV): Armored Rescue Vehicles are used to provide ballistic protection to officers and citizens during rescue, critical incidents, and other hazardous situations. These vehicles allow officers closer access to high-risk situations while substantially reducing the physical risk to the officers and citizens. These vehicles are built on commercial vehicle chassis and are primarily a reinforcement of civilian commercial vehicles. As such, there are no reasonable alternatives to providing the same level of ballistic protection.

Command and control vehicles: The mobile command vehicle (MCV) is an unarmored vehicle equivalent to a commercial recreational vehicle. It is equipped with specific communication and audio -visual devices to assist in command and control of a critical incident. This vehicle allows for mobile incident command and use of the Incident Command Systems facilitating the best possible on scene decision-making by key leaders. It provides for mobility, sheltering, and logistical support. There is no known alternative for the MCV which provides the same amount of mobility and support at one location in a quick deploying package.

Breaching shotgun and slugs: Breaching shotguns are used to defeat locked, barricaded, or fortified locations allowing officers to conduct rescues or high risk forcible entries. This includes but is not limited to, rescuing hostages. These items allow peace officers to quickly enter a structure when time is of the essence. This may include but is not limited to, an active shooter or kidnapping situation. In such situations, time is of the essence and it would not be feasible to delay access to the structure.

There are alternatives which are used for low risk and/or non-fortified situations. This includes handheld battering rams. However, this alternative does not afford the same level of protection or speed that such equipment provides when necessary. As such, there is no reasonable alternative to these items when they are used and required.

Specialized firearms and ammunition including assault weapons: Patrol rifles, and Special Weapons and Tactics (SWAT) rifles enable officers, when in compliance with the CMPD’sUse of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers’ precision shot placement minimizing the risk to officers and innocent citizens. There are no known alternatives to these weapons that will provide the same level of distance or precision.

Noise Flash Diversionary Device (NFDD): NFDDs are used as a distraction device in order to disorient or divert the suspect’(s)attention away from officers. This can allow officers to gain safer access to a high-risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and citizens. These devices can often lead to a safer resolution and allow

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File #: 22-809 Meeting Date: 7/19/2022
prevent injury to officers and citizens. These devices can often lead to a safer resolution and allow officers to take a citizen into custody without force. There is no known alternative to a flashbang when it is necessary.

Tear gas and pepper ball: Tear gas and pepper ball are less lethal methods used to address violent or riotous crowds when there is a risk of physical safety. They are also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence to officers. Tear gas allows peace officers to deploy a less lethal chemical agent into a structure where other weapons would not be capable of doing so. These weapons are less lethal and afford peace officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative.

Long Range Acoustic Device (LRAD): The LRAD is used in situations necessary to address the public. It can also be used as a safe deterrent against hostile crowds or individuals. This device is only used when standard sound amplification equipment is not sufficient to provide adequate range or capability needed. There is no reasonable alternative that would suffice in situations where the LRAD is necessary.
40mm projectile launchers and munitions: The 40mm launcher and munitions affords the ability to use less lethal impact and chemical munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. The beanbag shotgun also allows officers to confront a potentially armed or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these less lethal weapon systems.

POLICE SWAT VEHICLE ACQUISITION AND LEASE AGREEMENT
The FY 2022-23 Adopted Budget includes an estimated debt service payment for the acquisition of one Police SWAT Vehicle. Staff is requesting City Council approval to enter into a purchase agreement of one (1) BearCat swat vehicle with Lenco Armored Vehicles, and authorize the City Manager, or her designee, to enter into any and all documents necessary to finance the purchase of the police vehicle to enhance and modernize the public safety and emergency response.

The annual debt service payment for the lease of the BearCat vehicle is included in the FY 2022-23 Non-Departmental budget. Interest rates fluctuate on a daily basis and final lease financing rates and costs will be determined prior to the close of escrow. Staff recommends the lease purchase of the police vehicle plus required equipment and fixtures totaling an estimated $400,000 through a five- year lease agreement. Based on the current estimated interest rate of 2.00 percent, the annual debt payment is estimated at $84,000. Please note the interest rate may be subject to change based on market conditions at the time of close of escrow.

City Council authorization is requested to authorize the City Manager, or her designee, to work with the City Attorney to enter into a Master Lease Agreement to finance the purchase of the new apparatus in terms favorable to the City. The new BearCat is expected to be delivered to the City in mid-2023 given the minimum 12-month time period that is required to construct a vehicle of this type.

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File #: 22-809 Meeting Date: 7/19/2022
ALTERNATIVES:

There are no reasonable alternatives to approval of the ordinance. CMPD has not discovered alternative items that can achieve the same objectives of civilian and officer safety. Failure to adopt the ordinance and policy will preclude CMPD’s use of all the identified equipment.

FISCAL REVIEW:

This item does not have a financial impact.

LEGAL REVIEW:

The City Attorney’sOffice prepared the ordinance and has reviewed this report and approved it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the public’s safety and improve the quality of life.

CONCLUSION:

Staff recommends the City Council:

1. Hold the required public hearing and introduce and give first reading to an Ordinance approving an amended AB 481 Equipment Use Policy.

2. Authorize the City Manager, or her designee, to work with the City Attorney’s Office to execute any and all documents necessary to acquire and finance/purchase a new BearCat vehicle for the Police Department approved in the FY 2022-23 Budget.

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543
Attachment - 1
1 ORDINANCE NO. 2022-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, ADOPTING A N AB 481 EQUIPMENT USE

POLICY OF THE CITY OF COSTA MESA, CALIFORNIA GOVERNING

THE USE OF MILITARY EQUIPMENT

THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment”, to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of equipment identified by the state as “military equipment” (hereinafter referred to as “AB 481 equipment”) by California law enforcement agencies;

WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how AB 481 equipment is funded, acquired, or used;

WHEREAS, the Costa Mesa Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481 and further intends to acquire other items that fall under this definition;

WHEREAS, AB 481 requires , inter alia, that a law enforcement agency possessing and using such qualifying equip ment must prepare a publicly released, written, military equipment use policy document (hereinafter referred to as the “AB 481 Equipment Use Policy”) covering the, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, autho rized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;

WHEREAS, the policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and

WHEREAS, t he AB 481 equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

WHEREAS, t he proposed AB 481 Equipment Use Policy (“Policy”) will safeguard the public’s health, welfare, safety, civil rights, and civil liberties;

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2 WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;

WHEREAS, p rior AB 481 equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time;

WHEREAS, the Police Department has submitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the AB 481 equipment at issue;

WHEREAS, the Policy satisfies the requirements of Government Code Section 7070(d);

WHEREAS, the City Council of the City of Costa Mesa, having received the information required under AB 481 regarding the Costa Mesa Police Department’s use of AB 481 equipment as defined in said law, deems it to be in the best interest o f the City to and hereby does approve the AB 481 Equipment Use Policy.

WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HERBY ORDAINS AS FOLLOWS:

Section 1: Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

Section 2: Approval of AB 481 Equipment Use Policy.

AB 481 Equipment Use Policy.
(a) The AB 481 Equipment Use Policy shall govern the use of AB 481 equipment by the Costa Mesa Police Department.
(b) The Policy shall be made publicly available on the Police Department’s website for as long as the AB 481 equipment is available for use or as otherwise ordained by the City Council.
(c) The Police Department shall submit an annual AB 481 equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of AB 481 equipment identified therein complied with the standards for approval set forth in Government Code Section 7071(d).
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3 (d) The City Council shall on an annual basis and at a regular meeting thereof review this ordinance and vote on whether to renew it pursuant to Government Code Section 7071(e)(2).
(e) The definitions set forth in Government Code section 7070 shall apply to this ordinance. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.

Section 3: Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.

Section 4: Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 5: Uncodified Ordinance. This Ordinance shall not be codified in the Costa Mesa Municipal Code unless and until the City Council so ordains.

Section 6: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

Section 7: Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

Section 8: Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.

APPROVED AND ADOPTED on this __ day of ____, 2022.

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4 _________________________
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 California, do hereby certify that the foregoing ordinance was regularly introduced at a regular meeting of the City Council held on the ____ day of ___, 2022, and adopted by the City Council of the City of Costa Mesa, California, at a regular meeting thereof held on the ____ day of ___, 2022, by the following vote of the City Council:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and aff ixed the seal of the City of Costa Mesa this __ day of ___, 2022.

__________________________
Brenda Green, City Clerk

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Costa Mesa
Police Department
Costa Mesa PD Policy Manual

Assembly Bill (AB) 481 Equipment Use Policy
706.1 PURPOSE AND SCOPE
This policy provides guidelines to comply with State law for the approval, acquisition, and reporting requirements of specific equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Specified equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half- ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standar d-issue firearms and ammunition.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• “Flashbang” grenades and explosive breaching tools.
• Munitions containing, “tear gas,” and pepper balls, excluding standard, service-issued handheld pepper spray.

Policy
706
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• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

706.2 POLICY
It is the policy of the Costa Mesa Police Department that members of this department comply with the provisions of Government Code § 7071.

706.3 AB 481 EQUIPMEN T COORDINATOR
The Chief of Police should designate a member of this department to act as the coordinator of all equipment mandated by State law to be approved under this policy.

The responsibilities of the coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipm ent that qualifies as AB 481 equipment in the current possession of the Department , or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all AB 481 equipment at least annually. (d) Collaborating with any allied agency that may use AB 481 equipment within the jurisdiction of Costa Mesa Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coor dinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual AB 481 eq uipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond.

706.4 AB 481 EQUIPMENT CONSIDERATIONS
(a) The AB 481 equipment acquired and authorized by the Department is:
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1. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (b) AB 481 equipment shall be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed unless exigent circumstances arise.

706.5 AB 481 EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attached: AB 481 Equipment Inventory.pdf

706.6 APPROVAL
The Chief of Police or the authorized design ee shall obtain approval from the governing body by way of an ordinance adopting the AB 481 equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed AB 481 equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the AB 481 equipment at issue (Gover nment Code § 7071). The AB 481 equipment policy must be approved by the governing body prior to engaging in any of the fo llowing (Government Code § 7071):
(a) Requesting AB 481 equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for AB 481 equipment, incl uding but not limited to applying for a grant, soliciting or accept ing private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring AB 481 equipment ei ther permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of AB 481 equipment within the jurisdiction of this department. (e) Using any new or existing AB 481 equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds fo r, apply to receive, acquire, use, or collaborate in the use of AB 481 equipment.
(g) Acquiring AB 481 equipment through any means not provided above. 550
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706.7 COORDINATION WITH OTHER JURISDICTIONS
AB 481 equipment “military equipment’ used by any member of this department shall be in accordance with this policy and all applicable department policies. AB 481 equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective policies in rendering mutual aid. Situations may arise where Costa Mesa Police Department may deploy or use equipment owned by other law enforcement agencies.

The Costa Mesa Police Department hereby adopts the AB 481 equipment use policy as is approved, and may be amended from time to time, under Government Code section 7070, et seq., for jurisdictions that the Costa Mesa Police Department may engage with to provide mutual aid. This section is in no way a limitation to the ability of the Costa Mesa Police Department to deploy or use the equipment identified in AB 481 of another jurisdiction.

706.8 ANNUAL REPORT
Upon approval of an AB 481 equi pment use policy, the Chief of Police or the authorized designee should submit an AB 481 equipment report to the governing body for each type of AB 481 equipment acquir ed within one year of approval, and annually thereafter for as long as the AB 481 equipment is available for use (Government Code § 7072).

The Chief of Police or t he authorized designee should also make each annual AB 481 equipment report publicly available on the department website for as long as the AB 481 equipment is available for use. The report shall include all of the following information:
(a) A summary of how the equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the equipment. (c) The results of any internal audits, any information about violations of the AB 481 equipment use policy, and any actions taken in response. (d) The total annual cost for each type of equipment in the policy, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the AB 481 equipment in the ca lendar year following s ubmission of the annual report.
(e) The quantity possessed for each type of AB 481 equipment. (f) If the Department intends to acquire additional equipment mandated by the State for approval in the next year, the quantity sought for each type of equipment.

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706.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the D epartment should discuss the r eport and respond to public questions regarding the funding, acquisition, or use of AB 481 equipment.

706.10 COMPLAINT PROCEDURE
This procedure is to ensure compliance with the military equipment use policy. All complaints, concerns, or questions regarding this policy will be handled pursuant to the Department's normal complaint process.

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Costa Mesa
Police Department
Costa Mesa PD Policy Manual

706.5 AB 481 EQUIPMENT INVENTORY

VEHICLES
(A) Mobile Command Vehicle (MCV): A vehicle used during critical incidents as a field- based command post, providing Incident Commanders with access to Department computer systems and dispatch center.

1. Description, cost, quantity, and capabilities: 2021 Freightliner MT-55 chassis (custom built) vehicle, approximate cost: $1.2 Million, quantity: not to exceed 1. The MCV can also be utilized for SWAT/CNT and other critical incidents, significant, preplanned events, searching for missing persons, natural disasters, and community events. The MCV has redundant and supplemental communications capabilities increasing public safety interoperability during complex incidents or those requiring supplemental communications capabilities for coordination.

2. Purpose: Used for critical incidents based on the circumstances of a specific event, large event, or natural disaster to effectively and efficiently serve the community.

3. Authorized Use: Only officers trained in the use and deployment of the MCV shall drive the vehicle under the direction of the Chief of Police, Field Operations Captain, Support Services Captain, SWAT Commander, Watch Commander, or their designee. Situations where the MCV may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: The MCV has an estimated lifespan of approximately 20-years; however, upgrades are required annually to maintain communications and IT systems.

5. Fiscal Impact: The MCV was authorized in 2021 and purchased in 2022.

Annual maintenance costs are estimated to be approximately: $6,000.

Annual communication licensing, subscriptions, and required upgrades are estimated to be approximately: $6,000

6. Training: Drivers/Operators shall receiv e safe handling and maneuvering training on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle with an experienced driver throughout the city.

7. Legal and Procedural Rules: It is the policy of the Department to use the MCV in accordance with State and Federal law and department policy. (B) Armored Rescue Vehicles (ARVs): Commercially-produced, ballistic protected, wheeled vehicles designed for law enforcement purposes.

Policy
706
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1. Description, cost, quantity, and capabilities:
(a) Armored Rescue Vehicle (ARV), cost: $1, quantity: not to exceed 1.

The current ARV is a retrofitted, 1985 GMC C7000, armored bank car that provides its occupants with ballistic protection beyond ballistic shields or personal body armor. It offers greater safety to community members and officers during high-risk incidents. It is capable of seating a driver and 7 passengers.
(b) Lenco BearCat, cost approximately: $311, 000, quantity: not to exceed

1. The Lenco BearCat is an armored rescue vehicle that provides its occupants with ballistic protection beyond ballistic shields or personal body armor. It offers greater safety to community members and officers during high-risk incidents. It is capable of seating a driver and approximately 7 passengers.
2 . Purpose: Used in response to critical incidents to enhance officers and community safety, improve scene contai nment and stabilization, and assist in resolving critical incidents. Additionally, ARVs may be deployed as displays for community outreach events.

3. Authorized Use: The ARVs use shall be authorized by the Chief of Police, Division Commander, Watch Commander or SWAT Commander based on the specific circumstances of a given critical incident. ARVs shall only be used by personnel trained in their deployment and in a manner consistent with Department policies/procedures. Situations where the ARVs may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: Both ARVs have an estimated lifespan of approximately 20 years.

5. Fiscal Impact:
(a) GMC C7000 ARV: The ARV was purchased from Newport Beach PD in 1998 for $1. Annual maintenance cost: approximately $1,500 (b) Lenco BearCat: Annual maintenance cost approximately: $4,000

6. Training: All drivers/operators shall attend formalized instruction in vehicle operations, practical driving instruction, and deployment procedures.

7. Legal and Procedural Rules : It is the policy of the department to use the ARV in accordance with State and Federal law and department policy.

SPECIALIZED TACTICAL EQUIPMENT
(A) Tactical Robot: A remotely controlled, tracked, robot equipped with cameras and two-way audio communication capabilities.

1. Description, cost, quantity, and capabilities: IROBOT FASTPAC PACKBOT TACTICAL ROBOT, cost: on loan from US military, quantity: not to exceed 2. A remotely operated tactical robot providing officers with the ability to observe the interior of a structure without entering. This capability increases the safety of community members, officers, and suspects by providing the operator with the ability to observe and locate 554
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subjects without the risk of a face-to-face confrontation. Additionally, the remote, two- way, communication capability allows operators to de- escalate situations by negotiating the surrender of barricaded subjects.

2. Purpose: To be used during tactical incidents to safely search a structure without exposing officers and/or community members to the risk of a face-to- face confrontation.

3. Authorized Use: The tactical robot shall only be deployed by Department personnel trained in its use, and with the approval of the SWAT Commander, Watch Commander, or their designee. Situations where the robots may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: The robot's lifespan is approximately 10 years.

5. Fiscal Impact: The iRobot FASTPAC Packbot was loaned to the Department in 2021. The Department paid approximately $500 in shipping costs. Annual maintenance cost of approximately: $200.

6. Training: All operators shall receive initial training before deploying the robot in the field.

7. Legal and Procedural Rules: The Department shall only use the robot pursuant to State and Federal Law and department policy. (B) Unmanned Aerial System (UAS): An unmanned aircraft and the associated equipment necessary to control it remotely.

1. Description, cost, quantity, and capabilities:
(a) DJI Mavic Mini 2, approximate cost: $875 each, quantity: not to exceed

15. Utilizing DJI's OcuSync 2.0 2.4/5.8 GHz wireless transmission technology, the Mini 2 can be operated from up to 6.2 miles distance from the operator while still providing video of what the drone records.

The Mini 2 can also be flown as high as 2.5 miles and withstand 19 to 24 mph winds.
(b) Autel EVO II 640T, approximate cost: $9,900, quantity: not to exceed

4. The EVO II 640T features a high-resolution thermal camera, which enables the ability to capture incredible detail in dark environments, not previously possible on an aerial drone of this size. Thermal vision capabilities can be combined with the 8K/49MP visual camera for visual intelligence. 12 visual sensors provide omnidirectional obstacle avoidance.
(c) Autel EVO II Pro, approximate cost: $4,050 each, quantity: not to exceed 5. The EVO II Pro features a high resolution camera with the ability to capture incredible video and photo details. Twelve visual sensors provide omnidirectional obstacle avoidance.
(d) LOKI MK2, approximate cost: $6,500, quantity: not to exceed 3. LOKI is the world's first purpose-built tactical UAS. Designed and built in conjunction with several of the world's top counter-terror units, LOKI Mk2 solves virtually all of the problems associated with the tactical use of commercial UAS systems. LOKI is intended for close-quarter, 555
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indoor, and outdoor tactical scouting missions, and features a highly sensitive Night-Day + IR sensor camera giving it the ability to fly and see in complete darkness.

2. Purpose: To be deployed when its capabilities would assist officers or incident commanders with the following situations, which include but are not limited to:
(a) Major collision investigations.
(b) Search for missing persons.
(c) Natural disaster management.
(d) Crime scene photography.
(e) SWAT, tactical, or other public safety and life preservation missions. (f) In response to specific requests from local, State, or Federal fire authorities for fire response and/or prevention.

3. Authorized Use: Only assigned operators who have completed the required training shall be permitted to operat e any UAS during approved missions.

Situations where UASs may be deployed include but are not limited to critical incidents, natural disasters, special events, training, and emergencies.

4. Lifespan: All UAS equipment has an estimated lifespan of approximately 3-5 years.

5. Fiscal Impact: The Department is in the process of identifying a funding source for the UAS program, including an application for grant funding. The estimated annual cost of the UAS program maintenance is approximately $10,000.

6. Training: All Department UAS operators will be licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend ongoing monthly training.

7. Legal and Procedural Rules: The Department will only deploy the UAS for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law and department policy. (C) NIGHT VISION (NVGs): Optical device to increase an officer’s ability to see at night or in low-light conditions.

1. Description, cost, quantity, and capabilities: MUM-14XR-5night vision monocular, cost: on loan from US military, quantity: not to exceed 40. The MUM-14XR-5 is a high performance modular, hand-held passive night vision monocular device that utilizes a single Generation III intensifier tube to provide crisp, clear images under the darkest conditions. The monocular "single tube / single eyepiece" approach to night vision missions is based upon the proven concept that independent use of each eye maximizes the ability of the user to operate under a wide range of low light conditions and maintain maximum situational awareness.

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2. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
(a) Search for missing persons.
(b) Natural disaster management.
(c) SWAT, tactical, or other public safety and life preservation missions.

3. Authorized Use: NVGs shall only be used by trained members of the Department's SWAT Team during situations that include but are not limited to the following:
(a) By officers who have been trained in their proper use (b) In hostage and barricaded subject situations
(c) In high-risk warrant (search/arrest) services where there may be extreme hazards to officers
(d) During other high-risk situations where their use would enhance officer safety and the safety of community members
(e) During training exercises

4. Lifespan: Is approximately 10 years

5. Fiscal Impact: Loaned from US military. No annual maintenance costs.

6. Training: All Department members who have been issued NVG’s will train with them on an annual basis.

7. Legal and Procedural Rules: The Department will only utilize NVGs for official law enforcement purposes and pursuant to State and Federal law and department policy.
(D) Long Range Acoustic Device (LRAD): The LRAD is a high-intensity directional acoustical array for long-range, crystal clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

1. Description, cost, quantity, and capabilities: LRAD 100x, approximate cost: $10,703.56, quantity: not to exceed 1. Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD's optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge.

2. Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

3. Authorized Use: LRADs shall only be used by personnel trained in its deployment and used in a manner consistent with State and Federal law and 557
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training.

4. Lifespan: LRADs have an estimated lifespan of approximately 25 years.

5. Fiscal Impact: Annual maintenance cost of approximately $300.

6. Training: All operators receive training before operating any LRADs in the field.

7. Legal and Procedural Rules: The Department shall only utilize the LRAD for official law enforcement purposes and pursuant to State and Federal law and department policy.

LESS-LETHAL DEVICES
(A) 40MM Launchers and Munitions: 40MM launchers are utilized by Department personnel as a less-lethal tool to deploy less-lethal impact munitions and chemical agents.

1. Description, cost, quantity, and capabilities:
(a) DEFENSE TECHNOLOGY Single Shot 40MM Launcher, #1300, approximate cost: $1,000, quantity: not to exceed 100. The 40MM Single Launcher is a tactical single-shot launcher that has an Integrated Front Grip (IFG), equipped with an EOTech holographic sight system It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less-lethal round up to 131 feet. (b) DEFENSE TECHNOLOGY Tactical 4-Shot 40MM Launcher, #1440.

Cost approximately $1,800. Quantity: not to exceed 6. Designed for riot and tactical situations, the Defense Technology 1440 40mm Tactical 4- Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features the Rogers Super Stoc expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It is equipped with a EOTech holographic sight system.
(c) DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost approximately: $20, quantity: not to exceed 500. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi- round purpose-built 40mm launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/ lbs. of energy on impact. The 40mm Exact Impact Sponge Round provi des accurate and effective performance when fired from the approved distance of not less than ten (10) feet and as far as 131 feet from the target.
(d) DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT CS CRUSHABLE FOAM ROUND, #6320, cost approximately: 18, quantity: not to exceed

60. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 295 FPS. The 39-gram crushable foam projectile delivers 120 ft./lbs. of energy upon impact in addition to the dispersion of 5 grams of CS irritant. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved 558
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distance of not less than ten (10) feet and as far as 120 feet from the target. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Direct Impact CS round.
(e) DEFENSE TECHNOLOGY, DIRECT IMPACT MARKING
CRUSHABLE FOAM ROUND, # 6326,cost approximately: $21,
quantity: not to exceed 50. A less lethal 40MM lightweight plastic and foam projectile with a green marking agent, fired from a single or multi- round purpose built 40MM launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers up to 120 ft./lbs. of energy upon impact. The 40MM Direct Impact Marking Crushable Foam Round provides accurate and effective performance when fired from the approved distance of not less than then (10) feet and as far as 131 feet from the target. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Marking Round.
(f) DEFENSE TECHNOLOGY, EXACT IMPACT LE 40MM EXTENDED
RANGE SPONGE ROUND, #6325LE , cost approximately: $25, quantity: not to exceed 50. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm launcher with a rifled barrel at 400 FPS. The 40mm Exact Impact Extended Range Sponge Round provides accurate and effective performance when fired from the approved distance of not less than 33 feet, and as far as 230 feet from the target. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Extended Range Sponge Round.
(g) DEFENSE TECHNOLOGY, 40MM FERRET POWDER BARRICADE
ROUND, CS, #1292, cost approximately: $25, quantity: not to exceed

50. The Ferret 40 mm Barricade Penetrating Round is filled with a CS powder chemical agent. It is a frangible projectile that is spin-stabilized, utilizing fins and barrel rifling. It is non-burning and used by tactical teams to penetrate barriers and deliver a chemical agent. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Ferret Powder Barricade Round.
(h) DEFENSE TECHNOLOGY, 40MM FERRET LIQUID BARRICADE
ROUND, CS, #1262, cost approximately: $25, quantity: not to exceed

20. The Ferret 40 mm Barricade Penetrating Round is filled with a CS liquid chemical agent. It is a frangible projectile that is spin-stabilized, utilizing fins and barrel rifling. It is non-burning and used by tactical teams to penetrate barriers and deliver a chemical agent. Only trained members of the Department's SWAT Team are authorized to deploy the 40mm Ferret Liquid Barricade Round.
(i) DEFENSE TECHNOLOGY Single Shot 40MM Launcher, #1425, cost approximately: $1,000, quantity: not to exceed 100. The 40MM Single Launcher is a tactical single-shot launcher that features an expandable Rogers Super Stoc and adjustable Integrated Front Grip (IFG), equipped with an EOTech holographic sight system. It will fire standard 40mm less-lethal ammunition, up to 4.8 inches in cartridge length. It will 559
Attachment - 3
launch a 40MM less-lethal round up to 131 feet.

2. Purpose: To limit the escalation of conflict where the employment of lethal force is prohibited or undesirable.

3. Authorized Use: Situations where the deployment of less-lethal impact or chemical munitions are authorized include but are not limited to:
(a) Self-destructive, dangerous, and/or combative individuals (b) Riot/crowd control and civil unrest incidents where the criminal behavior involved exceeds a failure to disburse or curfew violation. (c) Circumstances where a tactical advantage can be obtained (d) Vicious animals
(e) Training exercises or approved demonstrations

(f) Tactical situations involving the deployment of the Department's SWAT Team including, but not limited to barricaded subjects.

4. Lifespan:
(a) DEFENSE TECHNOLOGY Single S hot Launcher is approximately 20 years
(b) DEFENSE TECHNOLOGY Tactical 4-Shot Launcher is approximately 20 years
(c) All munitions listed above are approximately 5 years

5. Fiscal Impact: Annual maintenance for the 40MM launchers is approximately $50 each.

6. Training: Personnel deploying less-lethal or chemical agents will be trained in their use and deployment before using them in the field. All training will be conducted by a POST-certified less-lethal or chemical agent instructor.

7. Legal and Procedural Rules: It is the department’s policy to use all less- lethal devices and associated munitions in accordance with State and Federal law and department policy.
(B) PepperBall Launcher and Munitions: A less-lethal device that discharges projectiles designed to breach glass or projectiles containing chemical agents

1. Description, cost, quantity, and capabilities:
(a) PepperBall FTC Launcher, cost approximately: $510 each, quantity: not to exceed 10. Semi- automatic launcher system with a firing rate of 10- 12 RPS. Compact lightweight modular design. Ambidextrous rotational safety switch. 30 cubic inch high capacity high-pressure air system.

Designed for use with high-pressure air.
(b) PepperBall INERT Powder Projectiles, cost approximately: $300 for a case of 375, quantity: not to exceed 6 cases. Inert projectiles used for training purposes.
560
Attachment - 3
(c) PepperBall LIVE-X PAVA / Oleoresin Capsicum (OC), cost approximately: $1,100 for a case of 375, quantity: not to exceed 4 cases. Contains a powerful concentration of PAVA pepper powder. One round of LIVE-X™ contains the equivalent to 10 regular PepperBall rounds.

2. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of PepperBall may include, but are not limited to:
(a) Tactical situations involving the deployment of the Department's SWAT Team
(b) Training exercises or approved demonstrations
(c) Potentially vicious animals
(d) Circumstances where a tactical advantage can be obtained (e) Riot/crowd control and civil unrest incidents
(f) Self-destructive, dangerous, and/or combative individuals

3. Authorized Use: Only officers who have received certification in the use of PepperBall are authorized to use PepperBall. Situations where the Pepperball may be deployed include but are not limited to critical incidents, emergencies, and training.

4. Lifespan:
(a) PepperBall FTC Launcher approximately 20 years

(b) All PepperBall projectiles have a lifespan of approximately 3 years.

5. Fiscal Impact: Annual maintenance for the PepperBall launchers is approximately $50.

6. Training: Only officers who have been properly trained will be permitted to deploy and use Pepperball.

7. Legal and Procedural Rules: The Department will only deploy PepperBall for law enforcement purposes and in accordance with State and Federal law and department policy.
(C) Chemical Agent and Smoke Canisters: Canisters that disburse chemical agents and/or smoke when deployed.

1. Description, cost, quantity, and capabilities:
(a) DEFENSE TECHNOLOGY, RIOT CONTROL CS gas, #1082, cost approximately: $41, quantity: not to exceed 100. The Riot Control CS is a continuous discharge canister. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.0in. by 2.35 in. and holds an approximately 2.7 oz. of active agent payload. It has an approximate burn time of 20-40 seconds.
(b) DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS
CANISTER, #1032, cost approximately; $32, quantity: not to exceed

10. The Tri-Chamber Flameless CS canister design allows the contents 561
Attachment - 3
to burn within an internal can and disperse the agent safely with reduced risk of fire. The canister is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This canister will deliver approximately .70 ounces of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless canister can be used in crowd control and tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri- Chamber Flameless canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless canister provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.
(c) DEFENSE TECHNOLOGY, POCKET TACTICAL CANISTER, CS,
#1016, cost approximately: $23, quantity: not to exceed 100. The Pocket Tactical CS Canister is small and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical canister.
(d) DEFENSE TECHNOLOGY, MA XIMUM SMOKE CANISTER, #1073, cost approximately: $35, quantity: not to exceed 25. The Maximum Smoke canister is specifically designed for outdoor use in a crowd control capacity with a high volume of continuous burn that expels its payload in approximately 1.5 minutes through four gas ports located on top of the canister. This can be used to conceal tactical movement or re-route a crowd.

2. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal canisters may include, but are not limited to:
(a) Self-destructive, dangerous, and/or combative individuals (b) Riot/crowd control and civil unrest incidents
(c) Circumstances where a tactical advantage can be obtained (d) Potentially vicious animals
(e) Training exercises or approved demonstrations
(f) Tactical situations involving the deployment of the Department's SWAT Team

3. Authorized Use: Only SWAT officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

Situations where the chemical agents may be deployed include but are not limited to critical incidents, emergencies, and training. 562
Attachment - 3

4. Lifespan: Approximately 5 years from manufacturing date.

5. Fiscal Impact: No annual maintenance costs

6. Training: SWAT Team members utilizing chemical agent canisters are certified by POST less lethal and chemical agents instructors.

7. Legal and Procedural Rules: The Department will only deploy chemical agents for law enforcement purposes and in accordance with State and Federal law and department policy.

SPECIALTY MUNITIONS
(A) Breaching Shotguns and Munitions: Shotguns and specialty munitions utilized to access secured structures when no other means have proven successful.

1. Description, cost, quantity, and capabilities:
(a) REMINGTON 870 BREACHING SHOTGUN, cost approximately:
$500, quantity: not to exceed 2. The breaching shotgun is a standard patrol issue shotgun that is shortened to improve maneuverability in a tactical environment.
(b) DEFENSE TECHNOLOGY, TKO 12-GAUGE BREACHING ROUND,
cost approximately: $7, quantity: not to exceed 100. The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. It is a widely used method to breach door locks or hinges for entry during tactical operations. When properly deployed, the TKO can defeat door lock mechanisms, doorknobs, hinges, deadbolts, safety chains, and padlocks on both wooden and hollow core doors. Upon impact with the target, the zinc slug disintegrates into a fine powder eliminating fragmentation.

2. Purpose: Used to defeat locking mechanisms on doors or gates when mechanical breaching is ineffective or not feasible due to environmental factors.

3. Authorized Use: Breaching shotguns and munitions shall only be utilized by trained members of the Department's SWAT Team and only with the approval of the Incident Commander, SWAT Commander, or their designee during tactical incidents or training exercises.

4. Lifespan:
(a) Remington Breaching Shotguns approximately 25 years (b) TKO 12-Gauge Breaching Round approximately 5 years

5. Fiscal Impact: Annual maintenance of shotguns, approximately $100

6. Training: All SWAT Team members deploying breaching shotguns and munitions shall receive initial training before utilizing them in the field.

7. Legal and Procedural Rules: The Department will only utilize breaching shotguns and munitions for official law enforcement purposes in accordance with State and Federal law and department policy.
563
Attachment - 3
(B) Noise Flash Diversionary Devices (NFDD): A device used to distract or divert a person's attention.

1. Description, cost, quantity, and capabilities: DEFENSE TECHNOLOGY LOW-ROLL NON-RELOADABLE DISTRACTION DEVICE, #8902NR cost approximately: $42, quantity: not to exceed 100. A non-bursting, non- fragmenting single-bang device that produces a thunderous bang with intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.

2. Purpose: A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological, sensory deprivation to give officers a tactical advantage.

3. Authorized Use: Diversionary Devices shall only be used by trained members of the Department's SWAT Team during situations that include but are not limited to the following:
(a) By officers who have been trained in their proper use (b) In hostage and barricaded subject situations
(c) In high-risk warrant (search/arrest) services where there may be extreme hazards to officers
(d) During other high-risk situations where their use would enhance officer safety
(e) During training exercises

4. Lifespan: Until deployed

5. Fiscal Impact: No annual maintenance

6. Training: Prior to use, officers must attend diversionary device training conducted by Post certified instructors.

7. Legal and Procedural Rules: The Department will only utilize NFDDs for official law enforcement purposes and pursuant to State and Federal law and department policy.

FIREARMS AND AMMUNITION
(A) Rifles: Shoulder-fired firearms, with long spirally grooved barrels, intended to cause projectiles to spin, improving accuracy over a long distance.

1. Description, cost, quantity, and capabilities:
(a) COLT LAW ENFORCEMENT CARBINE 5.56mm (.223 Rem) PATROL RIFLE (6920) equipped with an EO-Tech Holographic sight, tactical light, and sling, cost approximately: $1,588, quantity: not to exceed 100.

Action: Gas Operated Semi-Auto, Caliber: 223 Remington/5.56 NATO, Barrel Length: 16.1", Capacity: 30+1, Trigger: Standard, Safety:

Reversible Safety Selector, Weight: 6.95 lbs, Stock: Black 4-Position Collapsible, Metal Finish: Black, Muzzle: A2 Flash Hider, Receiver Material: 7075-T6 Aluminum, Sights: A2 Front, Barrel Description:
564
Attachment - 3
Chrome-Lined, Twist: 1:7" Purpose: Duty \ Range, Finish: Black, Overall Length: 32” to 35” Features: Front Barrel Lug/ Ejection Port Cover, Effective Range: 400m
(b) COLT M4 CARBINE COMMANDO (R0933) / CQB (LE6946) 5.56mm (.223 Rem) SWAT RIFLE equipped with an EO-Tech holographic sight, tactical light, and sling, cost approximately: $1,300, quantity: not to exceed 30. Action: Gas Operated Full-Auto, Caliber: 223 Remington /5.56 NATO, Barrel Length: 10.3" or 11.5”, Capacity: 30+1, Trigger:

Standard, Safety: Reversible Safety Selector, Weight: 6.25 lbs, Stock:

Black 4-Position Collapsible, Metal Finish: Black, Muzzle: A2 Flash Hider, Receiver Material: 7075-T6 Aluminum, Sights: A2 Front, Barrel Description: Chrome-Lined, Twist: 1:7" Purpose: Duty \ Range, Finish:

Black, Overall Length: 26” to 29.5” Features: Front Barrel Lug/ Ejection Port Cover, Effective Range: 400m.
(c) SIG SAUER MPX SWAT 9mm SU BMACHINE GUN equipped with EO- Tech holographic sight, tactical light, and sling. Cost approximately:
$1,800, Quantity: not to exceed 20. Action: Short Stroke Piston, Full- Auto, Caliber: 9mm NATO (9x19mm), Barrel Length: 8”, Capacity:
30+1, Trigger: Standard, Safety: Ambidextrous Safety Selector, Weight: 5.6 lbs, Stock: Folding or 5 Position telescoping, Metal Finish:

Black, Muzzle: A1 Flash Hider, Receiver Material: 7075-T6 Aluminum, Sights: folding front and rear, Barrel Twist: 1:10" Purpose: Duty \ Range, Finish: Black, Overall Length: 26” Effective Range: 200m. (d) COLT LE6943 5.56 (.223 Rem.) TRAFFIC / PATROL RIFLE equipped with EOTech holographic sight and sling, cost approximately: $1,700, quantity: not to exceed 20. The LE6943 displays fresh ingenuity with Mil-Spec hammer and trigger pivot pins, 11.5-inch barrel, a Magpul MBUS backup sight and a folding front sight for enhanced optical solutions, and a straight gas tube and a removable lower rail, which provides modularity for under mounting accessories. The patented one- piece monolithic upper receiver incorporates a continuous Mil-Spec rail from the rear of the upper receiver to the front sight. This feature affords unmatched repeatability for mounting optical systems, not found with separate handguard rail systems. Designed with accuracy in mind, its true free-floating barrel provides the enhanced accuracy necessary for long-range acquisition capability.

2. Purpose: Used as precision weapons to address threats that exceed the capability of the Department's standard-issue handgun.

3. Authorized Use: Only members POST certified in the use of the rifle are authorized to deploy them in the field. Situations where rifles may be used include to prevent serious bodily injury or death to self or others and during training.

4. Lifespan:
(a) COLT LAW ENFORCEMENT CARBINE PATROL RIFLE
approximately: 15 years
565
Attachment - 3
(b) COLT M4 CARBINE COMMANDO / CQB SWAT RIFLE approximately:
10 years
(c) SIG SAUER MPX SWATSUBMACHINE GUN approximately: 10 years (d) COLT LE6943 TRAFFIC PATROL RIFLE approximately: 15 years

5. Fiscal Impact: Annual maintenance for each rifle is approximately $50

6. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.

7. Legal and Procedural Rules: The department will use rifles in accordance with State and Federal law and department policy. .

8. Description, cost, quantity, and capabilities:
(a) WINCHESTER .223/5.56 55-grain RANGER SOFT-POINT RIFLE ROUND, cost approximately: $607 per case of 1000, quantity: not to exceed 30 cases. Winchester ammunition features a lead core 55-grain non-corrosive, soft-point bullet in a reloadable brass casing. (b) WINCHESTER .223/5.56 55-grain NATO M193 RIFLE ROUND, cost approximately: $378 per case of 1000, quantity: not to exceed 30 cases.

Winchester ammunition features a lead core 55-grain full metal jacket, non-corrosive boxer primer, in a reloadable brass casing. (c) WINCHESTER.223/5.56 FRANGIBLE TRAINING AMMUNITION, cost approximately: $285 per case of 200, quantity: not to exceed 30 cases.

Winchester Frangible .223 Remington ammunition is loaded with a 55- grain Reduced Hazard Training (RHT) bullet. BallistiClean features frangible Reduced Hazard Training bullets that break-up immediately on contact with metal targets, significantly reducing ricochet and backlash danger. BallistiClean loads feature a copper-plated primer and a "NT" (non-toxic) headstamp to clearly identify BallistiClean as a training round at a glance, eliminating confusion with duty rounds. With this Federal ammunition range operators have no hazardous waste disposal problems and it meets or exceeds all OSHA and EPA standards.

9. Purpose: To be used in Department rifles to address lethal threats to the community and Department personnel with greater accuracy, enhancing community safety.

10. Authorized Use: Only members POST certified in the use of the rifle are authorized to utilize rifle ammunition.

11. Fiscal Impact: The Department spends approximately $25,000 annually for all Department firearm ammunition.

12. Lifespan: The ammunition listed above does not have an expiration date.

13. Training: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year. 566
Attachment - 3

14. Legal and Procedural Rules: The department will use ammunition in accordance with State and Federal law and department policy.

567
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-791 Meeting Date: 7/19/2022
TITLE:

COMMITMENT OF $1,500,000 OF HOME INVESTMENT PARTNERSHIP FUNDS TO COMMUNITY DEVELOPMENT PARTNERS FOR THE MOTEL 6 HOUSING PROJECT LOCATED AT 2274

NEWPORT BOULEVARD
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/HOUSING AND

COMMUNITY DEVELOPMENT
PRESENTED BY: NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER AND

MIKELLE DAILY, GRANT ADMINISTRATOR
CONTACT INFORMATION: MIKELLE DAILY, GRANT ADMINISTRATOR, 714-754-5678 RECOMMENDATION:

Staff recommends the City Council:

1. Approve the allocation and appropriation of $1,500,000 in HOME Investment Partnerships Program Funds (HOME) fund balance or American Rescue Plan Act funds (ARPA) for the Motel 6 Housing Project, contingent upon the completion of environmental review and a HOME Subsidy Layering Review.

2. Authorize the City Manager to execute a commitment letter with Community Development Partners (“CDP”) for $1,500,000 for the Motel 6 housing project.

BACKGROUND:

Motel 6 Housing Project
The Motel 6 Housing Project (“Project”)is located at 2274 Newport Boulevard, Costa Mesa (APN 426 -053-15). The Project site is approximately 1.16 acres and contains buildings currently occupied by Motel 6 Costa Mesa, consisting of 94 guest rooms for commercial motel/hospitality use. The proposed Project contemplates the conversion of the motel property into 88 units of permanent affordable housing, of which, 30 will be set-aside for veterans experiencing homelessness, 10 will be set-aside for households experiencing homelessness that are also eligible to receive Mental Health Services Act (MHSA) assistance, and the remaining 48 will be set-aside for senior citizens (age 62+) earning 50% or less of the Area Median Income (AMI). The Project has already secured funding commitments from the Homekey Program, the Orange County Housing Finance Trust, the County of Orange and the City of Costa Mesa.

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File #: 22-791 Meeting Date: 7/19/2022
Homekey Program
The California Department of Housing and Community Development’s Homekey Program (“Homekey”or “HomekeyProgram”)provides direct housing opportunities for homeless persons and at-risk households by subsidizing the acquisition and conversion of motels into permanent housing.

Motel conversions to permanent housing and participation in the Homekey Program was identified as City Council objectives during the City Council’sgoal-setting retreat held in September 2021. On November 16, 2021, the City Council directed staff to collaborate with the County of Orange in submitting a Homekey grant application and approved a funding commitment of up to $3.5 Million in American Rescue Plan Act (ARPA) funds as a local match (further described below). A Homekey application was submitted and on April 25, 2022, the Motel 6 Housing Project was awarded $10,675,000 in Homekey funds. All construction and/or rehabilitation must be completed within 12 months of the date of grant award and the Project must be fully occupied within 90 days of construction completion.

The Motel 6 Housing Project (when complete) will generate up to 88 units of permanent housing and will be the first deed-restricted affordable housing units credited towards the City’s6th Cycle Regional Housing Needs Assessment (RHNA) allocation of 11,760 new housing units.

Local Match for Homekey Funds
On November 16, 2021, the City Council approved a total allocation of $3,500,000 in ARPA funds as local match for “one or two” potential Homekey projects. At the time, the Motel 6 housing project anticipated requesting $2,000,000 and a second project that is no longer contemplating Homekey funding anticipated requesting $1,500,000. Since the second project is no longer moving forward as a Homekey project, the remaining $1,500,000 has been reallocated to the Motel 6 Project for a total local commitment of $3,500,000 in ARPA funds.

HOME Investment Partnerships Program
The City of Costa Mesa is a recipient of two U.S. Department of Housing and Urban Development (HUD) grant program funds, the Community Block Grant (CDBG) Program and the HOME Investment Partnerships Program (HOME).

The Housing and Community Development Division (HCD) of the Development Services Department is responsible for administering the City’s CDBG and HOME grants. CDBG and HOME-funded activities must address the needs outlined in the City’sConsolidated Plan. The Consolidated Plan is a five-year planning document required by HUD for all communities receiving federal community development grant funds. The Annual Action Plan is the one-year expenditure plan for the use of HUD’s annual allocation of funds.

On May 3, 2022, the Costa Mesa City Council approved the FY 2022-2023 Annual Action Plan, which included authorization to issue a Request for Qualifications (RFQual) to solicit applications for funding to support permanent affordable rental housing in the City using HOME Program funds. The total funds allocated to this effort for 2022-2023 include HOME program income and prior year

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File #: 22-791 Meeting Date: 7/19/2022
uncommitted HOME entitlement funds in the amount of $2,319,368.

Request for Qualifications ( RFQual)
On July 11,2022 the City issued RFQual #23-01 soliciting proposals for HOME funds for affordable housing development projects. The RFQual was published on the City website, on Planet Bids, and an electronic letter was emailed to interested developers and nonprofit organizations who had previously requested to be informed of affordable housing development opportunities and funding.

The RFQual process is open (“OpenRFQual Process”)and funds are available to eligible applicants on a continuous basis, rather than on a competitive basis. As proposals are received, a staff review panel performs a minimum threshold review to ensure programmatic and RFQual-process requirements are satisfied. If minimum threshold review requirements are satisfied, the application may be considered for funding at the City’s discretion.

HOME funds would be disbursed as repayable loans subject to a Regulatory Agreement approved by the City Council at a later date, which would stipulate the required terms and conditions of the loan.

ANALYSIS:

Following the release of RFQual #23-01, Community Development Partners (CDP) submitted a proposal identifying an additional funding gap of $1.5 Million for the Motel 6 project. The proposal review panel conducted a minimum threshold review and determine if CDP’s proposal could be recommended for funding.

CDP’sproposal met the minimum threshold requirement of 75 points, qualifying the proposal to be brought before City Council for review and potential funding at the City’s discretion.

Staff is recommending that $1.5 Million in HOME funds (which are already earmarked for affordable housing development projects) be allocated to the Motel 6 project to supplement other secured project funding, to close the identified funding gap and to enable construction of the project to move forward on schedule.

Developer: Community Development Partners
Project Name: Motel 6 Housing Project
Award Recommendation:

A draft Funding Commitment Letter is provided as an attachment. It provides the enforceable funding commitment from the City of $1,500,000 in HOME Investment Partnerships Program funds for

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File #: 22-791 Meeting Date: 7/19/2022
commitment from the City of $1,500,000 in HOME Investment Partnerships Program funds for development of the Motel 6 housing project. The Commitment Letter for HOME funds is contingent upon CDP verifying all other sources of funding needed to fully fund the project, as well as staff’s successful completion of the federally-required environmental review process under the National Environmental Policy Act (NEPA) and a HOME Subsidy Layering Review. A HOME Subsidy Layering Review is a requirement of HOME funds and is the process in place to confirm that project funding has been secured to fully fund the project and that HOME funds are being appropriately used as “gap funding”.

As an alternative to HOME funds, i.e. if the conditions identified in the Commitment Letter regarding the use of HOME funds are unable to be achieved, the Letter will be updated to replace the $1,500,000 in HOME funds with $1,500,000 in ARPA funds. These funds would be in addition to the prior allocation of $3,500,000 in ARPA funds for projects awarded Homekey funds as approved by the City Council on November 16, 2021.

If approved, staff would return to the City Council at a later date for approval of a Regulatory Agreement for the project, stipulating loan terms and conditions.

ALTERNATIVES:

The City Council can choose not to provide additional funding to the Motel 6 Project. If the City does not provide additional matching funds (HOME or ARPA), the project will lack the financing it needs to move forward and the Project will not take place.

FISCAL REVIEW:

This action does not have a fiscal impact to the General Fund. HOME funds or ARPA funds (as appropriate) are available for allocation to the Motel 6 Housing Project in the amounts listed in this report.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council goals:
· Diversify, Stabilize and Increase Housing to Reflect Community Needs CONCLUSION:

Staff recommends the City Council:

1. Approve the allocation and appropriation of $1,500,000 from HOME Investment Partnerships Program Fund (HOME) fund balance or American Rescue Plan Act funds (ARPA), contingent upon the completion of environmental review and a HOME Subsidy Layering Review.

2. Authorize the City Manager to execute a commitment letter with Community Development

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File #: 22-791 Meeting Date: 7/19/2022
Partners (“CDP”) for $1,500,000 for the Motel 6 housing project.

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July 20, 2022

CITY OF COSTA MESA
P.0. BOX 1200, CALIFORNIA 92628-1200

FROM THE OFFICE OF THE CITY MANAGER
Mr. Kyle Paine
Community Development Partners
3416 Via Oporto, Suite 301
Newport Beach, CA 92663
Re: Preliminary Award by City of Costa Mesa of Local Match Funds for Homekey Program:

Acquisition and Rehabilitation of Motel 6 in Costa Mesa, California.

Dear Mr. Paine,
I am pleased to inform you that the City Council for the City of Costa Mesa ("City") has approved a total funding commitment of $5,000,000 to Community Development Partners ("Developer"), to provide local match funds for costs associated with the acquisition, rehabilitation, and conversion of the Motel 6 located at 2274 Newport Boulevard, Costa Mesa, CA 92627 ("Project"), into permanent supportive housing, subject to the terms of this letter.

Fund Source: American Rescue Plan Act (ARPA) funds
Amount: $3,500,000
Approval Date: November 16, 2021
Fund Source: HOME Investment Partnership Program (HOME) funds Amount: $1,500,000
Approval Date: July 19, 2022
A copy of the City Council's action approving this funding commitment is enclosed. The City's funding commitment is conditional on the parties reaching final and mutually agreeable terms of a funding and regulatory agreement setting forth each parties' rights and obligations.

Sincerely,
Lori Ann Farrell Harrison
City Manager
77 FAIR DRIVE
PHONE: (714) 754-5099 • FAX: (714) 754-5330 • www.costamesaca.gov ATTACHMENT 1
1 573
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-817 Meeting Date: 7/19/2022
TITLE:

APPROVAL OF A CITY BALLOT INITIATIVE ENTITLED “THE CITY OF COSTA MESA REVITALIZATION AND RESIDENTIAL NEIGHBORHOODS PROTECTION MEASURE” DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/ PLANNING

DIVISION
PRESENTED BY: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES CONTACT INFORMATION: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES, (714) 754-5617
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed ballot initiative (Attachment 2) entitled “The City of Costa Mesa Revitalization and Residential Neighborhoods Protection Measure”; and

2. Provide direction on whether to place the proposed initiative on the November 8, 2022 ballot by adoption of the following resolutions:
a. Adopt Resolution 2022-xx (Attachment 1): Ordering the submission to the qualified electors of the City of Costa Mesa “The City of Costa Mesa Revitalization and Residential Neighborhoods Protection Measure” at the General Election to be held on Tuesday November 8, 2022, as called by Resolution No. 2022-27.
b. Adopt Resolution 2022-xx: Authorizing written arguments for or against the proposed initiative “TheCity of Costa Mesa Revitalization and Residential Neighborhoods Protection Measure”, setting priorities for filing written arguments, determining the authors of the written arguments, and directing the City Attorney to prepare an impartial analysis (Attachment 4); and
c. Adopt Resolution 2022-xx: Authorizing the filing of rebuttal arguments for “The City of Costa Mesa Revitalization and Residential Neighborhoods Protection Measure” (Attachment 5); and
d. Adopt Resolution 2022-XX: Authorizing the filing of a Notice of Exemption pursuant to the provisions of the California Environmental Quality Act (Attachment 6).

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File #: 22-817 Meeting Date: 7/19/2022
BACKGROUND:

City Council Housing Goals
In January 2021, the City Council established a three-year goal to “Diversify, Stabilize and Increase Housing to Reflect Community Needs”. This goal was established by the Council to address housing instability in the community and to prioritize efforts to plan for future housing for all segments of Costa Mesa’s population.

With nearly half of Costa Mesa’sresidents experiencing a high to severe housing cost burden and housing prices increasing at unprecedented rates, housing instability and the need for housing options for Costa Mesa residents has become paramount to a sustainable community future.

Similarly, the Costa Mesa business community is experiencing challenges to attract and retain employees due to the high cost and limited availability of housing in Costa Mesa.

Housing Plan
Concurrently, as required by State law, the City began its update of its General Plan Housing Element in 2020, which generally outlines the City’spolicy framework and action items for housing for the next eight years. The City held its first community outreach meeting in November 2020.

Over the course of the Housing Element Update process, the City held 12 public meetings in the form of community townhalls, study sessions and public hearings to obtain feedback on the need for housing and appropriate housing locations (known as “housingopportunity sites”)for potential future housing development. In addition, a community housing survey was posted online in both English and Spanish with over 400 community responses received. These meetings were widely publicized in both English and Spanish and at each step there were opportunities for public involvement and comment in crafting the City’shousing plan. The community input for this Housing Element process was significantly higher than previous cycles, reflecting the critical importance of housing solutions for our community.

In summary, early community feedback highlighted the need for more housing options and specifically more housing that was affordable to Costa Mesa’smiddle- and working-class families, seniors and individuals. Community feedback also highlighted a desire to preserve open space and existing established residential neighborhoods in Costa Mesa, while planning for future housing opportunities through the redevelopment and revitalization of the City’scommercial and industrial corridors, the area north of the I-405 freeway and on State-owned property at the Fairview Developmental Center.

Revitalizing Corridors and Preserving Established Residential Neighborhoods In keeping with feedback from the community, the Housing Element was prepared and identifies future housing opportunity sites along commercial and industrial corridors, and north of the 405 freeway while protecting established single-family residential neighborhoods and open space areas.

The following corridors were identified as focus areas for housing and economic revitalization opportunities:

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File #: 22-817 Meeting Date: 7/19/2022
· Harbor Boulevard;
· Areas north of the I-405 freeway;
· West 17th, 18th and 19th Streets;
· Placentia Avenue;
· the SoBECA area; and
· Newport Boulevard.

Planning for potential housing along the above described corridors will require the City to amend its General Plan and undertake rezoning actions including updates to several outdated City land use plans. Many of these plans are 20 to 30 years old and no longer reflect the community’svision for housing or high quality development.

July 12, 2022 Study Session
On July 12, 2022 the City Council held a study session to receive an update and to discuss the future of housing in Costa Mesa and potential solutions to the current housing challenges. Staff provided an overview of community demographics, the status of Housing Element certification by the State, strategies to address housing instability implemented to date, feedback obtained by the most recent community survey on housing in Costa Mesa, and recommended next steps for planning for the future.

The City Council’sHousing Ad Hoc Committee, comprised of Mayor Pro Tem Marr, Council Member Reynolds and Council Member Harlan, also provided an update. In light of the public comment related to community housing goals and a desire to move forward with a community visioning process for the revitalization of the City’s commercial and industrial corridors, the Ad Hoc Committee recommended the City Council consider the placement of a measure on the November 8, 2022 ballot at its July 19, 2022 meeting. The Ad Hoc recommended that the measure amend the City’s zoning code to allow the City Council to:
· Conduct a community visioning process resulting in updated land use plans for commercial/industrial corridors and the area north of the I-405. · Revitalize corridors while keeping single family residential neighborhoods intact and restricting building heights.
· Provide affordable housing for working- and middle- class Costa Mesa families, seniors, and individuals.
· Protect open space and the environment.
· Require developers to pay impact fees to improve traffic, parks, and open space.

The Council received public comment and, after extensive discussion, directed staff to bring a ballot measure forward for discussion at the July 19, 2022 City Council meeting, reflective of the Ad Hoc’s

Page 3 of 6 ends

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and community’s recommendations. The Study Session staff report is provided at the following link.

Staff Report <https://costamesa.legistar.com/LegislationDetail.aspx?ID=5721130&GUID=1610EE75- 86F3-4E01-A9CC-DA74CEECAB32>
ANALYSIS:

Following the City Council’sdirection from the study session, staff has prepared a ballot measure for discussion and potential action for placement on the November 8, 2022 ballot.

Ballot Measure
The proposed initiative ordinance amends Section 13-200.106 of the Costa Mesa Municipal Code to allow the City Council to approve and amend the City’s General Plan, zoning, specific plans or overlay plans located in the following specific areas of the City:

1. Newport Boulevard/Old Newport Boulevard from Mesa Drive to the City limit and Superior between Newport Boulevard and the City limit

2. Harbor Boulevard from Baker Street to West 19th Street

3. Baker Street between SR-73 and SR-55 (commonly known as the SoBECA area)

4. West 17th Street from Newport Boulevard west to Monrovia, West 18th Street from Placentia west to Monrovia and 19th Street from Harbor Boulevard west to Whittier

5. Placentia Avenue from Victoria Street to West 16th Street

6. North of the 405 freeway as bordered by the City limits Such land use plan updates would be for the purpose of planning for affordable housing opportunities and revitalization of existing commercial and industrial corridors. The updates to the City’sland use plans would include restrictions on building heights and be subject to environmental studies and a robust public engagement process including community visioning meetings and noticed public hearings.

In order to be eligible, all residential and mixed use developments must include deed-restricted affordable housing pursuant to a City Council-adopted affordable housing ordinance or City Council approved Development Agreement. In addition, development impact fees would be required to be paid by developers to improve traffic, parks, and open space throughout the City.

The proposed ballot measure would allow the City Council to move forward with updates to the City’s plans along the commercial and industrial corridors described above, thereby protecting established single family residential neighborhoods and open space while providing for corridor revitalization and opportunities for more affordable housing in areas of the City identified by the community. Such plan updates would allow the City to remain in compliance with State housing laws and avoid potential fines and State actions against the City that undermine local control of Costa Mesa’s zoning and land use laws.

Updates to land use plans would be accompanied by in-depth community outreach and visioning

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Updates to land use plans would be accompanied by in-depth community outreach and visioning exercises so that land use plans reflect community values and a desire for well-designed, high quality, compatible housing projects that fit into the context of its surroundings.

When drafts are complete, all land use plans would be released for a public comment period to ensure opportunities for community feedback. Ultimately, all land use plan updates would be reviewed by the Planning Commission and decided on by the City Council at a noticed public hearing to maintain local control.

Municipal Code Changes
In 2016, the voters approved a land use ballot measure commonly referred to as “MeasureY”which has since been incorporated into the City’sMunicipal Code as Title 13, Chapter 9, Section 13-200.

Since the measure was passed six years ago, only one project City-wide has come forward to the City Council that was eligible for a vote of the people under this Code section and no votes have yet taken place. The proposed amendment to the Municipal Code does not repeal or remove this Code section. Rather the amendment adds text to Section 13-200.106 of the Municipal Code that allows the City Council to adopt or amend City land use plans in specific areas of the City located along outdated commercial and industrial corridors for the purpose of corridor revitalization and provision of affordable housing opportunities, and clarifies the existing exception for affordable housing projects for that same purpose.

NEXT STEPS
If the City Council approves placing the measure on the ballot, the City Clerk will submit the Measure and required arguments and impartial analysis to the Registrar of Voters by the deadline of August 12, 2022, with rebuttal arguments submitted to the Registrar of Voters by the deadline of August 22, 2022.

ENVIRONMENTAL DETERMINATION
This measure including the amendments to the Zoning Code and Municipal Code proposed by this measure have been reviewed for compliance with the California Environmental Quality Act (CEQA) (Pub. Res. Code §§ 21000 et seq.), the CEQA guidelines (14 Cal. Code Regs. § 15000 et seq.) and the City’senvironmental procedures, and has been found to be exempt pursuant to Sections 15378 (b)(5) (Not a Project) and 15061(b)(3) (General Rule) of the CEQA Guidelines, in that it is not a “project”under CEQA and it can be seen with certainty that there is no possibility that the proposed amendments to the Zoning Code or the Municipal Code will have a significant effect on the environment.

ALTERNATIVES:

1. Direct staff to place the proposed ordinance on the November 8, 2022 ballot incorporating specific revisions directed by the City Council.

2. Decline to place the initiative ordinance on the ballot.

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FISCAL REVIEW:

The cost to place the initiative on the November 2022 ballot is estimated at $25,000 and is included in the Fiscal Year 2022-2023 budget
The cost of citywide mailings would be approximately $10,000 per mailing.

LEGAL REVIEW:

The City Attorney’soffice has reviewed this report for legal content and approved it as to form and prepared the draft Resolutions.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Strengthen the Public’s Safety and Improve Quality of Life · Achieve Long-Term Fiscal Sustainability
· Advance Environmental Sustainability and Climate Resiliency · Diversify, Stabilize and Increase Housing to Reflect Community Needs CONCLUSION:

Staff is seeking direction whether to place a ballot measure on the November 8, 2022 ballot to allow the City to move forward with land use plans to revitalize outdated commercial and industrial corridors and provide for housing affordable to Costa Mesa residents.

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ATTACHMENT 1

Resolution No. 2022-xx Page 1 of 2

RESOLUTION NO. 2022-xx

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

ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A

CERTAIN MEASURE RELATING TO THE ADOPTION OF A PROPOSED ORDINANCE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO. 2022-27

WHEREAS, a General Municipal Election on Tuesday, November 8, 2022 has been called by Resolution No. 2022-27, adopted on June 7, 2022; and

WHEREAS, the City Council of the City of Costa Mesa also desires to submit to the voters at the election a question relating to the adoption of a proposed ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, A ND ORDER AS FOLLOWS:

SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Election on Tuesday, November 8, 2022, the following question:

SECTION 2. That the proposed complete text of the ordinance to be submitted to the voters is attached as Attachment A.

SECTION 3. That the vote requirement for the measures to pass is a majority (50% +1) of the votes cast.

SECTION 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Measure __: The City of Costa Mesa Revitalization and
Residential Neighborhoods Protection Measure”
Response Vote
To maintain the character of Costa Mesa’s single -family residential neighborhoods; protect the environment and open space; provide future housing for working and middle class families a nd seniors; and attract businesses; shall voters authorize the City Council to adopt publicly -reviewed land use plans to revitalize outdated commercial/industrial
corridors such as Newport Boulevard, and expand affordable housing, while restricting buildin g heights, requiring developer-paid fees to relieve traffic, keeping residential neighborhoods intact and maintaining local control?

Yes

580

Resolution No. 2022-xx Page 2 of 2
SECTION 5. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 19th day of July, 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 tha t foregoing Resolution No. 2022-xx was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 19th day of July, 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 20th day of July, 2022.

_________________________________

BRENDA GREEN, CITY CLERK

581

CITY-SPONSORED INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS

The City Council for the City of Costa Mesa submits the following measure to the voters of the City for approval and enactment:

SECTION 1. Name.

This ballot measure shall be known and may be cited as “The City of Costa Mesa Revitalization and Residential Neighborhoods Protection Measure” and shall be referred to herein as the “Measure.”
SECTION 2. Purpose.

The purpose of the Measure is to revise the Costa Mesa Municipal Code to allow the City Council to establish land use plans, including general plan and/or zoning code amendments, through a public hearing process, including any related amendments to City Ordinances, as needed, for specifically defined areas of the C ity to encourage development of affordable housing for working and middle class families, and commercial revitalization while keeping intact current single family residential neighborhoods and maintaining local control; to provide minimum standards for suc h land use plans and require developers to pay fees to mitigate environmental and traffic impacts from such development, and to further define what is considered mandated affordable housing .

Nothing contained in this Measure is intended to limit, curtail or abrogate the City’s power to impose greater restrictions or limitations on development within the defined areas than those established hereby.

Now, therefore, the People of the City of Costa Mesa do ordain as follows:

AN ORDINANCE OF THE PEOPLE OF THE CITY OF COSTA MESA, CALIFORNIA, TO

AMEND THE COSTA MESA MUNICIPAL CODE TO AUTHORIZE THE CITY COUNCIL

TO ADOPT LAND USE PLANS AS EXPRESSLY LIMITED HEREIN
SECTION 3.

Section 13-200.106(c) of the Costa Mesa Municipal Code is hereby amended to read:

The provisions of this article shall not apply to affordable housing proposals required by state or federal law, or those housing or mixed use development projects that comply with an affordable housing ordinance(s) or Council approved development agreement as adopted by the City Council in the industrial and commercial corridors identified in Section 13-200.106 (g).

SECTION 4.

Section 13-200.106 of the Costa Mesa Municipal Code is amended to add the following subsection (g):

ATTACHMENT 2
582
(g) This article shall not apply to any major change in allowable land use of property located in the following areas , as depicted in Exhibit A, to provide for development of housing and/or mixed use and/or revitalization of existing commercial and/or industrial corridors when those properties are subject to an adopted or amended specific plan or overlay plan, following environmental and public review:
(1) Newport Boulevard/Old Newport Boulevard from Mesa Drive to the City limit and Superior from Newport Boulevard to the City limit;
(2) Harbor Boulevard from Baker Street to West 19th Street; (3) Baker Street between SR -73 and SR -55, generally referred to as the SoBECA area;
(4) West 17 th Street from Newport Boulevard west to Monrovia, West 18 th Street from Placentia west to Monrovia, and 19th Street from Harbor Boulevard west to Whittier;
(5) Placentia Avenue from Victoria Street to West 16th Street; and, (6) North of the 405 freeway as bordered by the City limits All land use plans approved for the areas described above shall include restrictions on building heights.

In order to be eligible for this exemption, all residential and mixed use developments shall provide for deed-restricted affordable housing pursuant to a City Council -adopted affordable housing ordinance or City Council approved Development Agreement.

Development impact fees shall be required to be paid by developers to mitigate impacts of any permitted development, including traffic impacts, park impacts, and provision of open space. Such fees shall not be waived.

As used herein, “Environmental and public review” shall mean and refer to the applicable requirements of the California Environmental Quality Act, the Ralph M. Brown Act, and the Government Code public noticing provisions for land use projects. All land use plans adopted or amended for any part of the defined areas eligible for this exemption shall be the subject of public community visioning meetings prior to adoption or amendment.

Nothing herein shall be deemed to exempt major changes in allowable land use of any existing single family residentially zoned properties from the provisions of this article.

SECTION 5. Inconsistencies.

Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

583

SECTION 6. Severability.

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The People of the City of Costa Mesa hereby declare that they would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid o r unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 7. Effective Date.

This ordinance shall take effect according to law ten days after certification of the election at which it is adopted.

584
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community²
²
Exhibit A: The City of Costa Mesa Revitalization and
Residential Neighborhoods Protection Measure
Map Note:

No single-family residentially zoned parcels
will be subject to land use changes under
the initiative
Harbor Blvd
Newport Blvd
19th St
18th St
17th St
Legend
I-405
I-73
I-55
Santa Ana River
Corridors
City Boundary
Placentia Ave
Attachment 3
585
Resolution No. 2022-xx Page 1 of 3

ATTACHMENT 4

RESOLUTION NO. 2022-xx

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

CALIFORNIA SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT

REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO

PREPARE AN IMPARTIAL ANALYSIS

WHEREAS, a General Municipal Election is to be held in the City of Costa Mesa, California, on Tuesday, November 8, 2022, at which there will be submitted to the voters the following measure:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the City Council authorizes the fil ing of written argument(s) not exceeding 300 words regarding the City measure as specified above , accompanied by the printed n ames(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withd rawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk.

The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.

SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected.

Measure __: The City of Costa Mesa Revitalization and
Residential Neighborhoods Protection Measure”
Response Vote
To maintain the character of Costa Mesa’s single -family residential neighborhoods; protect the environment and open space; provide future housing for working and middle class families and seniors; and attract businesses; shall voters authorize the City Council to adopt publicly-reviewed land use plans to revitalize outdated commercial/industrial corridors such as Newport Boulevard, and expan d affordable housing, while restricting building heights, requiring developer-paid fees to relieve traffic, keeping residential neighborhoods intact and maintaining local control?

Yes

586
Resolution No. 2022-xx Page 2 of 3

a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. If a measure affects the organization or salaries of the office of the City Att orney, the City Clerk shall prepare the impartial analysis.
b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city.
c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -point type, the following: “The above statement is an impartial analysis of Ordinance or Measure __. If you desire a copy of the ordinance or measure, please call the election official’s office at 714-754-5225 and a copy will be mailed at no cost to you. d. The impartial analysis shall be filed by the date set by the City Clerk the filing of primary arguments.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED ON JULY 19, 2022.

____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

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

587
Resolution No. 2022-xx Page 3 of 3

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 foregoing Resolution No. 2022-xx- was duly passed and adopted by the City Council of the City of Costa Mesa at a regular mee ting held on the 19th day of July, 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 20th day of July, 2022.

_________________________________

BRENDA GREEN, CITY CLERK
588
ATTACHMENT 5

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 PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY

MEASURES SUBMITTED AT MUNICIPAL ELECTIONS

WHEREAS, California Elections Code Section 9282 provides for the filing of written arguments in favor or against city measures not to exceed 300 words in length; and

WHEREAS, California Elections Code Section 9285 authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to California Elections Code Section 9285, when the elections official has selected arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments.

The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument.

No more than five authors may sign a rebuttal argument.

The rebuttal arguments shall be filed with the City Clerk, signed, with the printed names and signatures of the authors submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Authors of Argument.

Rebuttal arguments shall be printed in the same manner as the direct arguments.

Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 2. This resolution repeals previous resolutions providing for the filing of rebuttal arguments for city measures, except for referendum measures.

589

Resolution No. 2022-xx Page 2 of 3

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED ON JULY 19, 2022.

____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

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

590

Resolution No. 2022-xx Page 3 of 3

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 foregoing Resolution No. 2022-xx was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 19th day of July, 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 20th day of July, 2022.

_________________________________

BRENDA GREEN, CITY CLERK

591
ATTACHMENT 6
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, APPROVING THE DETERMINATION AND FILING OF A NOTICE OF

EXEMPTION PURSUANT TO THE PROVISIONS THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) FOR AN INITIATIVE ORDINANCE

ENTITLED THE CITY OF COSTA MESA REVITALIZATION AND RESIDENTIAL

NEIGHBORHOODS PROTECTION MEASURE

THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS:

WHEREAS, City staff have reviewed the proposed initiative ordinance, entitled the City of Costa Mesa Revitalization and Residential Neighborhoods Protection Measure (“the Measure”), amending Section 13.200-106 of Title 13 of the Costa Mesa Municipal Code (“CMMC”);
WHEREAS, the revisions to the CMMC have been reviewed for compliance with the California Environmental Quality Act (“CEQA”), CEQA Guidelines, and the City’s environmental processing procedures;
WHEREAS, City staff have determined that the Measure is exempt from review under the California Environmental Quality Act pursuant to the following Sections of Title 14, Chapter 3, California Code of Regulations:

A. The initiative ordinance is not a project under CEQA pursuant to section 15378 (b)(5), because i t involves o rganizational or administrative activities of government that will not cause or result in direct or indirect physical changes in the environment as it will not approve any project or make any project subject to ministerial approval, and any such changes would still require environmental review.

B. The initiative ordinance is exempt under Section 15061(b) (3) because it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. In this case, it can be seen with certainty that there is no possibility that the proposed initiative ordinance may have a significant effect on the environment and is therefore not subject to CEQA.

WHEREAS, a Notice of Exemption shall be prepared for the Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa does resolve as follows:

SECTION 1. Based on the review and determination of the Development Services Division, the City Council of the City of Costa Mesa finds that the initiative ordinance is exempt from review under the California Environmental Quality Act. 592
Resolution No. 2022-xx Page 2 of 3
SECTION 2. A Notice of Exemption is approved for the Project.

SECTION 3. The City Clerk may file the Notice of Exemption with the County Clerk of Orange County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of Section 21152(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 19th day of July, 2022.

______________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

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

593
Resolution No. 2022-xx Page 3 of 3

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 o riginal 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 19th day of July, 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 19th day of July, 2022.

_________________________________
Brenda Green, City Clerk
594

Costa Mesa City CouncilJuly 19, 2022

Costa Mesa City Council
July 19, 2022