City of Costa Mesa
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, July 19, 2022
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Zoom Webinar. Pursuant to the State of California Assembly Bill 361(Gov. Code §54953(b)(3)) the City Council Members and staff may choose to participate in person or by video conference.
You may participate via the following options:
1. Attending in person: Attendees are encouraged to wear masks at their discretion. If you are feeling ill, or if you've been exposed to someone with COVID-19, you may still participate in the meeting via Zoom.
2. Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.
1 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
3. Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
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Enter Webinar ID: 983 7639 0419/ Password: 905283
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Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
4. Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected]. Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
5. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
2 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting.
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.
All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.
Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.
As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.
A minimum number of hard copies of the agenda will be available in the Council Chambers.
For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing.
The City of Costa Mesa aims to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is currently provided, the Clerks office will attempt to accommodate in a reasonable manner. Note, Closed Captioning is available via the Zoom application. Please contact the City Clerk’s office 24 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible 714-754-5225 or at [email protected].
El objetivo de la Ciudad de Costa Mesa es cumplir con la ley de Estadounidenses con Discapacidades (ADA) en todos los aspectos. Si como asistente o participante en esta junta, usted necesita asistencia especial, más allá de lo que actualmente se proporciona, la oficina del Secretario de la Ciudad intentara de complacer en una forma razonable. Favor de comunicarse con la oficina del Secretario de la Ciudad con 24 horas de anticipación para informarnos de sus necesidades y determinar si alojamiento es realizable al 714-754-5225 o [email protected].
3 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Katherine Sherouse individually and doing business as Camp Lila v.
City of Costa Mesa, et al., United States District Court, Central District of California, Civil Action No. 8:22-cv-00756-JVS-ADSx
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA).
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA).
4 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
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Agenda July 19, 2022
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
JULY 19, 2022 – 6:00 P.M.
JOHN STEPHENS
Mayor
MANUEL CHAVEZ ANDREA MARR
Council Member - District 4 Mayor Pro Tem - District 3
JEFFREY HARLAN LOREN GAMEROS
Council Member - District 6 Council Member - District 2
ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1
KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager
CALL TO ORDER
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Led by Mariachi Juvenil Herencia Michoacana
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
Pastor Christine Wallington, Seventh Day Adventist Church
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:
1. Presentation: Orange County Mosquito & Vector Control District 22-807
5 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
2. Proclamation: Parks Make Life Better! 22-790
Proclamation - Parks Make Life BetterAttachments:
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments are limited to 3 minutes, or as otherwise directed.
Comments on Consent Calendar items may also be heard at this time.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 4 minutes. Additional comments will be heard at the end of the meeting.
1. Council Member Chavez
2. Council Member Gameros
3. Council Member Harlan
4. Council Member Harper
5. Council Member Reynolds
6. Mayor Pro Tem Marr
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-16)
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.
1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY
OF ALL ORDINANCES AND RESOLUTIONS
22-737
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
6 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
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HOUSING AUTHORITY
Agenda July 19, 2022
2. READING FOLDER 22-805
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Christina Boika-Sokolsky, Handy Industrial, Jason Jones, James Painter, Victor Rubio, Leslie Shaw, State Farm Auto Insurance Co. (Becker, Robert), Jayden Whittemore, Alma Zavala Cruz.
3. ADOPTION OF WARRANT RESOLUTION 22-814
RECOMMENDATION:
City Council approve Warrant Resolution No. 2683
1. Week of 6.13.22 Summary Check Register
2. Week of 6.20.22 Summary Check Register
3. Week of 6.27.22 Summary Check Register
4. Week of 7.04.22 Summary Check Register
Attachments:
4. MINUTES 22-806
RECOMMENDATION:
City Council approve the Minutes of the Regular meetings of June 7, 2022 and June 21, 2022.
1. 06-07-2022 Draft Minutes
2. 06-21-2022 Draft Minutes
Attachments:
7 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
5. ADOPTION OF A RESOLUTION TO ALLOW MEMBERS OF THE CITY
COUNCIL, COMMISSIONS AND COMMITTEES TO PARTICIPATE IN
THE MEETINGS REMOTELY, AS NEEDED, DUE TO HEALTH AND
SAFETY CONCERNS FOR THE MEMBERS AND THE PUBLIC
22-782
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2022-xx to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City ’s legislative bodies to meet safely in person; and
2. Federal, State and /or local officials continue to impose or recommend measures to promote social distancing.
1. Draft Resolution No. 2022-xxAttachments:
6. MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND
OBJECTIVES
22-804
RECOMMENDATION:
Staff recommends the City Council approve the July 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.
1. Strategic Objectives - Update - July 2022Attachments:
7. DESIGNATION OF VOTING DELEGATE FOR 2022 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
22-787
RECOMMENDATION:
Staff recommends the City Council:
Designate Mayor Pro Tem Marr as Costa Mesa ’s voting delegate for the 2022 League of California Cities Annual Conference.
1. Voting Delegate FormAttachments:
8 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
8. TRAFFIC MANAGEMENT SERVICES AGREEMENTS WITH THE 32ND
DISTRICT AGRICULTURAL ASSOCIATION
22-810
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the 2022 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.
2. Approve the 2022 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).
3. Authorize the City Manager and the City Clerk to execute the agreements.
4. Authorize the City Manager and the City Clerk to execute any amendments to the agreements, including, but not limited to, amendments increasing the maximum compensation to be paid to the City.
1. 2022 City of Costa Mesa - OC Fair
2. 2022 City of Costa Mesa Year Round
3. 2022 Rate Determination
Attachments:
9 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
9. ADOPTION OF AN ORDINANCE REVISING CHAPTER III OF TITLE 12
REGARDING THE PARKS, ARTS AND COMMUNITY SERVICES
COMMISSION TO REMOVE ARTS FUNCTIONS, AND ADOPTION OF
AN ORDINANCE ADDING CHAPTER IV OF TITLE 12 ESTABLISHING
AN ARTS COMMISSION
22-788
RECOMMENDATION:
Staff recommends the City Council:
1. Give second reading to and adopt Ordinance No. 2022-05, to revise Chapter III of Title 12 regarding the Parks, Arts and Community Services Commission to remove Arts Functions (Attachment 1).
2. Give second reading to and adopt Ordinance No. 2022-06, to adopt Chapter IV of Title 12 establishing an Arts Commission (Attachment 2).
1. ORDINANCE No. 2022-05 Draft PACS Commission
2. ORDINANCE No. 2022-06 Draft ARTS Commission
3. First reading of PACS from 6/21/22 Report Redlined
4. First reading of Arts Commission Reading from 6/21/22 Report Redlined
Attachments:
10 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
10. AMENDMENT NO .1 TO PROFESSIONAL SERVICES AGREEMENT
WITH GLENN LUKOS ASSOCIATES FOR THE VERNAL POOLS 5, 6
AND 7 RESTORATION PROJECT AT FAIRVIEW PARK
22-792
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager and City Clerk to execute Amendment No. 1 to the Professional Services Agreement with Glenn Lukos Associates, Inc . increasing the total compensation by $148,731 for vernal pools restoration and biological monitoring services for the Vernal Pools 5, 6 and 7 Restoration Project at Fairview Park, in a form to be approved by the City Attorney.
2. Authorize a ten ( 10) percent contingency, if needed, in the amount of $14,870.
3. Authorize the City Manager and the City Clerk to execute Amendment No. 1 and future amendments to the agreement within City Council authorized limits.
1. Resolution 17-52
2. HCF Grant Award Letter
3. Vernal Pools Restoration Plan, 6-8-2018
4. USFWS Permit TE-87580B-0
5. Vernal Pools 5, 6, 7 Map
6. HCF Grant Acceptance, Excerpt of 4-16-19 Minutes
Attachments:
11 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
11. ACCEPTANCE OF THE DOWNTOWN AQUATIC CENTER POOL
REPLASTER PROJECT, CITY PROJECT NO. 21-08
22-786
RECOMMENDATION:
Staff recommends the City Council:
1. Accept the work performed by California Waters Development, Inc ., 23311 E. La Palma Avenue, Yorba Linda, CA 92887, for the Downtown Aquatic Center Pool Replaster Project, City Project No. 21-08, and authorize the City Clerk to file the Notice of Completion.
2. Authorize the City Manager to release the retention monies thirty-five ( 35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond, if appropriate, at the conclusion of the one-year warranty period.
1. Cost SummaryAttachments:
12. ACCEPTANCE OF THE CITYWIDE STREET REHABILITATION
PROJECT - MAINTENANCE ZONES 6 AND 7, CITY PROJECT NO .
20-18
22-793
RECOMMENDATION:
Staff recommends the City Council:
1. Accept the work performed by R .J. Noble Company, Inc. (“ R.J. Noble”), for the Citywide Street Rehabilitation Project - Maintenance Zones 6 and 7, City Project No. 20-18, and authorize the City Clerk to file the Notice of Completion.
2. Authorize the City Manager to release the retention monies thirty-five ( 35) days after the Notice of Completion filing date; release the Labor and Material Bond seven ( 7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.
1. Location Map (As Built)
2. Final Cost Summary
Attachments:
12 REGULAR CITY COUNCIL AND
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Agenda July 19, 2022
13. POLICE DEPARTMENT RANGE REMODEL AND UPGRADES
PROJECT,
CITY PROJECT NO. 22-03
22-794
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt plans, specifications, and working details for the Police Department Range Remodel and Upgrades Project, City Project No. 22-03.
2. Accept the bid withdrawal of SS+K Construction, Inc ., 21437 Rios Street, Woodland Hills, CA 91367.
3. Reject the bid submitted by AG Construction, Inc ., 18960 Ventura Boulevard, Suite 211, Tarzana, CA 91356 as non-responsive.
4. Reject the bid submitted by Newman Midland Corporation, 1355 Redondo Avenue, Suite 12, Long Beach, CA 90804 as non-responsive.
5. Award a Public Works Agreement (PWA) to Kazoni Construction, Inc ., 150 Paularino Avenue, Costa Mesa, CA 92626 in the amount of $1,931,077.
6. Authorize an additional ten percent (10%) contingency in the amount of $193,108 as needed for any unforeseen costs related to this project.
7. Authorize the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits.
8. Approve Amendment No. 2 to Gillis & Panichapan Architects (GPa) in order to authorize an additional $89,000 for construction administration staff support for the Police Department Range Remodel and Upgrades Project.
9. Authorize the City Manager and City Clerk to execute Amendment No. 2 to the original Professional Services Agreement (PSA) for GPa and future amendments to the PSA within Council authorized limits.
10.Authorize the appropriation of $248,550 from the Capital Improvement Fund (401) Fund Balance for the Police Department Range Remodel and Upgrades Project.
1. Bid Abstract
2. SS+K Construction Inc. - Bid Withdrawal Request
3. Bid Protest Letters
4. Bid Protests and Corresponding Responses
5. GPa Construction Administration Proposal
Attachments:
13 REGULAR CITY COUNCIL AND
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Agenda July 19, 2022
14. ORANGE COUNTY TRANSPORTATION AUTHORITY TIER 1 GRANT PROGRAM FOR 2022 CONNECTOR PIPE SCREEN INSTALLATION
PROJECT
22-803
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt proposed Resolution No. 2022-xx for the submittal of a grant application to the Orange County Transportation Authority (OCTA) Environmental Cleanup Program, Tier 1 Grant for the 2022 Connector Pipe Screen Installation Project.
2. Authorize the Public Work Director as the City’s representative.
3. If approved, authorize the following appropriations as assigned:
a. Revenue and Expense appropriations respectively, each in the amount of $160,000 for the OCTA Environmental Cleanup Program; and b. Revenue and Expense appropriations respectively, each in the amount of $40,000 from the Drainage Fees Fund as required matching funds by the grant for a total project cost of $200,000.
1. Proposed Resolution 2022-xxAttachments:
14 REGULAR CITY COUNCIL AND
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REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
15. 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; AND
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, REVISING REGULATION NOS. 5 AND 7
REGARDING TEMPORARY SUSPENSION OF ENFORCEMENT OF
CERTAIN PARKING RESTRICTIONS IN RESIDENTIAL
NEIGHBORHOODS
22-808
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution No. 2022-xx, 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 during the operation of the Orange County Fair, from July 15, 2022 through August 14, 2022, in the surrounding residential neighborhoods pursuant to the City’s annual temporary resident parking permit program.
2. Adopt Resolution No. 2022-xx, revising Regulation Nos. 5 and 7 regarding temporary suspension of enforcement of certain parking restrictions in residential neighborhoods to allow enforcement of the parking prohibitions related to street sweeping during posted hours.
1. Regulation No. 8
2. Resolution ratifying Regulation No. 8
3. Resolution modifying Regulation Nos. 5 & 7
Attachments:
15 REGULAR CITY COUNCIL AND
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REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
16. APPROVAL OF RESOLUTION ADDING THE FINANCE MANAGER
CLASSIFICATION AND SALARY RANGE
22-767
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.
1. Resolution 2022-xx - Confidential Management - Finance Manager
Attachments:
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------
16 REGULAR CITY COUNCIL AND
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Agenda July 19, 2022
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. 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
22-800
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.
1. Proposed Ordinance
2. Revised RPP Guidelines and Policies
3. Proposed Resolution
4. Residential Parking Permit Fee
Attachments:
17 REGULAR CITY COUNCIL AND
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HOUSING AUTHORITY
Agenda July 19, 2022
2. APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR THE
COLLECTION OF DELINQUENT CIVIL CITATIONS FOR MUNICIPAL
CODE VIOLATIONS
22-801
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.
1. Special Assessment Resolution
2. Delinquent Cannabis Citations
3. Delinquent CUP Citations
4. Delinquent Building Permit Citations
Attachments:
3. AN ORDINANCE TO ADOPT AN EQUIPMENT USE POLICY
GOVERNING THE USE OF SPECIFIED EQUIPMENT PURSUANT TO
CALIFORNIA ASSEMBLY BILL (AB) 481.
22-809
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.
1. AB 481 Ordinance
2. Proposed AB 481 Equipment Use Policy
3. AB 481 Inventory List
Attachments:
OLD BUSINESS:
NONE.
18 REGULAR CITY COUNCIL AND
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REDEVELOPMENT AGENCY AND
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Agenda July 19, 2022
NEW BUSINESS:
1. 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
22-791
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.
1. Homekey ARP commitment letterAttachments:
19 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda July 19, 2022
2. APPROVAL OF A CITY BALLOT INITIATIVE ENTITLED “THE CITY
OF COSTA MESA REVITALIZATION AND RESIDENTIAL
NEIGHBORHOODS PROTECTION MEASURE”
22-817
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 “The City 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).
1. Resolution - Ballot Measure 2022
2. Attachment A - Measure Language to Resolution
3. Exhibit A - Map
4. Resolution - Authorize Arguments and Impartial Analysis Ballot Measure 2022
5. Resolution - Rebuttals Ballot Measure
6. Resolution - CEQA 2022
Attachments:
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
20 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-807 Meeting Date: 7/19/2022
TITLE:
Presentation: Orange County Mosquito & Vector Control District DEPARTMENT: Parks and Community Services Department
21 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-790 Meeting Date: 7/19/2022
TITLE:
Proclamation: Parks Make Life Better!
DEPARTMENT: Parks and Community Services Department
22 23
24 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-737 Meeting Date: 7/19/2022
TITLE:
PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND
RESOLUTIONS
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
25 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-805 Meeting Date: 7/19/2022
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Christina Boika-Sokolsky, Handy Industrial, Jason Jones, James Painter, Victor Rubio, Leslie Shaw, State Farm Auto Insurance Co. (Becker, Robert), Jayden Whittemore, Alma Zavala Cruz.
26 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-814 Meeting Date: 7/19/2022
TITLE:
ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:
City Council approve Warrant Resolution No. 2683
BACKGROUND:
In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.
FISCAL REVIEW:
Funding Payroll Register No. 22-13 On Cycle for $ 2,876,916.87; 22-12 “A” for $-34,002.22 and 22-14 On Cycle for $ 3,065,224.07 and City operating expenses for $ 4,748,421.58
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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-806 Meeting Date: 7/19/2022
TITLE:
MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council approve the Minutes of the Regular meetings of June 7, 2022 and June 21, 2022.
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REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
JUNE 7, 2022 – CLOSED SESSION - 4:00 P.M. - MINUTES
CALL TO ORDER - The Closed Session meeting was called to order by Mayor Stephens at 4:07 p.m.
ROLL CALL
Present: Council Member Gameros, Council Member Harlan, Mayor Pro Tem Marr, and Mayor Stephens.
Absent: Council Member Chavez, Council Member Reynolds, and Council Member Harper.
PUBLIC COMMENTS – NONE.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Costa Mesa v. Newport Mesa Unified School District, Orange County Superior Court Case No. 30-2021-01179397-CU-WM-CXC.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9, (d)(1) Name of Case: SoCal Recovery, LLC, a California limited liability company v. City of Costa Mesa, United States District Court, Central District of California, Case No. 8:18-cv-01304-JVS-PJW.
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9, (d)(1) Name of Case: Raw Recovery, LLC et all v. City of Costa Mesa, United States District Court, Central District of California.
4. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9(d)(4), Potential Litigation.
5. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA).
City Council recessed at 4:10 p.m. for Closed Session.
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Closed Session adjourned at 5:45 p.m.
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
JUNE 7, 2022 – 6:00 P.M. - MINUTES
CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment Agency and Housing Authority meeting was called to order by Mayor Stephens at 6:04 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Led by Chara Wondercheck.
MOMENT OF SOLEMN EXPRESSION
Led by Pastor Phil Eyskens, Lighthouse Church.
ROLL CALL
Present: Council Member Chavez (Via Zoom Webinar), Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Absent: None.
CITY ATTORNEY CLOSED SESSION REPORT - No reportable action.
PRESENTATIONS:
Mayor Stephens Presented Certificates of Recognition to Coach Nate Goellrich of Estancia Baseball Team CIF Southern Section Champions.
Mayor Stephens Presented Certificates of Recognition to Coach Eric Vallely of Newport Harbor High School Boys’ Volleyball team CIF Champions.
Mayor Stephens presented a proclamation in honor of Juneteenth 2022.
Mayor Stephens presented a proclamation in honor of LGBTQ+ Pride Month 2022.
Mayor Stephens presented a proclamation in honor of National Gun Violence Awareness Day.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Mari Anne Hahn, Newport Harbor Lions Club, thanked City Council and staff for assisting with the Fish Fry.
Marc Vukcevich, spoke on the history of the symbol of the pink triangle and on LGBTQ+ recognition.
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Gretchen Harvey, member of the Newport Harbor Lions Club, thanked the City Council and staff for assistance on the Fish Fry, thanked the sponsors, and is proud to have the event come back to the community.
Eric Garcia, spoke on excessive speeding, graffiti around the city, and requested speed bumps at various streets, and unsafe school zones.
Speaker, expressed appreciation to Code Enforcement and the Police Department for solving noise problems on Bay Street.
Jay Humphrey, Costa Mesa, expressed appreciation for the head phones provided during council meetings, spoke on the importance on voting, spoke on development on Harbor Blvd. and no setbacks, and spoke on potential measures on the ballot.
Bonnie Copeland, Newport Harbor Lions Club member, spoke on the Fish Fry event and the carnival, thanked everybody for the community event, and thanked staff and City Council.
Taoward Lee, Newport Harbor Lions Club, thanked staff and Council for supporting the Lions in helping the community, and thanked Council for opening up the street and making space for the carnival.
Speaker, spoke in opposition of the conversion of Motel 6 to a homeless center next to her house on Newport Blvd.
Lily Garcia, Costa Mesa, spoke in opposition of the conversion of Motel 6 to a homeless center next to her house on Newport Blvd.
Matt Garcia, Harbor Soaring Society President, spoke on Harbor Soaring Society educational events, and supports opening the flying field.
Henry Smith, spoke in support of Harbor Soaring Society and opening the flying field.
Wendy Leece, President of Fairview Park Alliance, spoke on Measure AA to preserve Fairview Park as a nature park, protection of vernal fields, and relocating the flying fields away from the vernal pools.
Kim Hendricks, spoke on the fly field in Fairview Park, and spoke on a restoration day on June 11th at 9:00 a.m.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Harper requested an update on any ballot measures, and the Harbor Soaring Society, spoke on a Motel 6 conversion, and spoke on urban coyote issues.
Council Member Reynolds addressed Mr. Garcia’s issues, requested an update on Fairview Park and Harbor Soaring Society, requested a Project Homekey update and outreach to the community on permanent supportive housing, spoke on the Fish Fry, spoke on the Pilot Cup, Memorial Day parade, Les Miller awards, thanked volunteers for their contribution to the community.
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Council Member Chavez spoke on addressing Mr. Garcia’s concerns regarding speeding, provided information on My Costa Mesa app for graffiti, spoke on assisting residents that were being displaced, thanked City staff for helping all residents, thanked the Fire Department and Police Department for Memorial Day parade and celebration, and spoke on the importance of voting.
Council Member Gameros thanked the Fire Department strike team for fighting fires in New Mexico, spoke on attending a Memorial Day event at the Harbor Lawn cemetery, and spoke in support of police presence at schools.
Council Member Harlan appreciated and thanked community organizations for their work and events around the city.
Mayor Pro Tem Marr thanked staff for work at the Fish Fry, responded to Marc Vukcevich public comment, requested an update on the City’s rental assistance program, clarified that if the One Metro West is on the ballot is up to the applicant not the city, spoke on joining leaders for climate accountability, and requested clarification on the Motel 6 conversion.
Mayor Stephens thanked the Fire and Rescue Department for fighting fires in New Mexico, spoke on the Cityreceiving a $2.5 million check from Assembly Member Cottie Petrie Norris for a Regional Training Center at Fire Station #4, spoke in memory of Ann Pallo and adjourning the meeting in her honor, and provided information on the July 3 rd celebration at the Fairgrounds.
CITY MANAGER REPORT – Ms. Farrell Harrison announced Brenda Emerick as Acting Emergency Services Manager, congratulated Mr. Sethuraman on the Stormwater community meeting, thanked Lt. Hildemann for his service, spoke on attending the Fish Fry, and thanked the Parks and Community Services Department, and spoke on the Wilson St. Learning Center event.
CITY ATTORNEY REPORT – None.
CONSENT CALENDAR (Items 1-9)
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Marr MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 9 except for item 5, which was pulled from the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Motion carried: 7-0
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1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL
ORDINANCES AND RESOLUTIONS
ACTION:
City Council, Agency Board, and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk: Interinsurance Exchange of the Automobile Club of Southern California, Chris and Joni Corum, Bret Evans, Alexander Fernando, Philip Josephs, Faye Saur, Kim Schmidt, Carissa Williams.
3. ADOPTION OF WARRANT RESOLUTION
ACTION:
City Council approved Warrant Resolution No. 2681.
4. MINUTES
ACTION:
City Council approved the Minutes of the Regular meetings of May 3, 2022, May 17, 2022, and the Study Session minutes of May 10, 2022.
6. ACCEPTANCE OF THE LIONS PARK PLAYGROUND IMPROVEMENT PROJECT, CITY PROJECT NO. 20-15
ACTION:
1. City Council accepted the work as complete performed by Handy Industrial, Inc., 4228 Lewis Street, Oceanside, California 92056, for the Lions Park Playground Improvement Project, City Project No. 20-15, and authorized the City Clerk to file the Notice of Completion.
2. Authorized the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date and Faithful Performance Bond, if appropriate, at the conclusion of the one-year warranty period.
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7. ACCEPTANCE OF CITYWIDE ALLEY IMPROVEMENT PROJECT, CITY PROJECT NO. 20-20
ACTION:
1. City Council accepted the work performed by Black Rock Construction Company, 929 Mariner Street, Brea, CA 92821, for the Citywide Alley Improvement Project, City Project No. 20-20, and authorized the City Clerk to file the Notice of Completion.
2. Authorized the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond, if appropriate, at the conclusion of the one-year warranty period.
8. SECOND READING AND ADOPTION OF AN ORDINANCE ENTITLED: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ADDING CHAPTER XV (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER) TO TITLE 11 (OFFENSES-MISCELLANEOUS) OF THE
COSTA MESA MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING
THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY Written communication was received from Barbara Morihiro.
ACTION:
City Council gave second reading to and adopted Ordinance No. 2022-02, entitled: An Ordinance of the City Council of the City of Costa Mesa, California, adding Chapter XV (Unlawful Possession of a Catalytic Converter) to Title 11 (Offenses-Miscellaneous) of the Costa Mesa Municipal Code to establish regulations prohibiting the unlawful possession of catalytic converters in the City.
9. SB 1205 COMPLIANCE REPORT FOR 2021 STATE-MANDATED ANNUAL FIRE
INSPECTIONS
ACTION:
City Council adopted Resolution No. 2022-30 to accept the Compliance Report as its report on the status of all 2021 state-mandated annual fire inspections in the City as required by California Health and Safety Code Section 13146.4.
ITEMS PULLED FROM THE CONSENT CALENDAR
5. RESOLUTIONS RELATING TO THE CALLING OF THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022
Public Comments:
Jay Humphrey, Costa Mesa, spoke on candidate statements and rules regarding measures.
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MOVED/SECOND: Mayor Pro Tem Marr/ Council Member Harlan MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Motion carried: 7-0
ACTION:
1. City Council adopted Resolution No. 2022-27, read by title only and waived further reading, calling and giving notice to conduct a General Municipal Election on November 8, 2022 for the purpose of electing a Mayor for the full term of two years; and election of three members of the City Council from the third, fourth, and fifth districts, for the full term of four years.
2. Adopted Resolution No. 2022-28, read by title only and waived further reading, requesting the Orange County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election and to issue instruction to the Orange County Registrar of Voters Elections Department to provide specific services in the conduct of the consolidated election.
3. Adopted Resolution No. 2022-29, read by title only and waived further reading, adopting regulations pertaining to Candidate Statements submitted to the voters at a General Municipal Election to be held on November 8, 2022. --------------------------------------END OF CONSENT CALENDAR--------------------------------------- PUBLIC HEARINGS: (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. FISCAL YEAR 2022-23 PROPOSED OPERATING AND CAPITAL IMPROVEMENT
PROGRAM AND HOUSING AUTHORITY BUDGET AND INTRODUCTION OF AN ORDINANCE TO ESTABLISH CHAPTER VII (AB 481 EQUIPMENT USE POLICY) TO TITLE 14 (POLICE AND LAW ENFORCEMENT) OF THE COSTA MESA MUNICIPAL CODE
Presentation by Ms. Farrell Harrison, City Manager and Ms. Molina, Finance Director.
Public Comments:
Written communications were received from Jenn Tanaka and Roberto Herrera.
Marc Vukcevich, Costa Mesa, expressed appreciation for funding active transportation.
Cynthia McDonald, Costa Mesa, spoke on committing a certain amount to active transportation, spoke on federal funding to build out projects, safe routes to all schools, using monies for staffing, the need to build out the grid, and adopting an ordinance for a bike plan.
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Speaker, spoke on creating a law to help with rent control and creating a rent control program.
Roberto Herrera, Resilience OC, sent a letter and survey regarding housing and security concerns and addressing rising rents.
Ralph Taboada, Costa Mesa, spoke on the 115 Trust and agreed with recommendation Number 7 to deposit up to $1.5 million from newly available General Fund Balances to the Section 115 Trust Plan to expedite the pay down of pension obligations, develop a written procedure to fund the trust long term, spoke on active transportation projects, and funding for bike racks and signage.
Speaker, spoke on rent control.
Speaker, spoke on rent control.
Speaker, spoke on rent control.
Francis Garcia, spoke on rent control.
Juan Trejo, spoke on rent control.
Eric Garcia, spoke on rent control.
Speaker, Resilience OC, spoke on housing and security being a high priority and advocating for rental assistance and rent control.
Speaker, spoke on the budget process.
Speaker, spoke on monthly income not matching the high cost of housing.
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Marr MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Motion carried: 7-0
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ACTION:
1. City Council approved Resolution 2022-32, adopting the Proposed Fiscal Year 2022-23 Operating and Capital Improvement Program (CIP) Budget; and
2. Approved Salary and Classification Updates Resolutions 2022-35, 2022-36, 2022-37, 2022-38, 2022-39, 2022-40, and 2022-41 to comply with the bargaining groups’ MOUs as approved in May and June of 2020, and to update classifications consistent with the Proposed Budget recommedations; and
3. Authorized the appropriation of one additional full time Police Officer position (School Resource Officer) to the City’s Table of Organization with a corresponding 50 percent cost sharing from the Newport Mesa Unified School District; and
4. Authorized the appropriation and entered into a purchase agreement for two ambulances through the Houston-Galveston Area Council of Governments (H-GAC) Buy Coop Purchasing contract with Redsky Emergency Vehicles, and authorized the City Manager and City Clerk to execute the necessary documents to support public safety to be funded from the $500,000 legal settlement set-aside for this purpose; and
5. Authorized the City Manager and/or Finance Director to appropriate upon receipt and transfer American Rescue Plan Act (ARPA) Federal Funds as needed to comply with U.S. Treasury Guidelines and to facilitate audit review and compliance; and return to City Council with a proposed plan to best utilize the second available tranche of ARPA funds to offset economic losses as a result of the pandemic; and
6. Approved Joint Resolution 2022-34 adopting the Housing Authority Budget including Housing and Community Development expenditures for Fiscal Year 2022-23; and
7. If available, upon the closing of FY 2021-22, considered depositing up to $1.5 million from newly available General Fund Balances to the Section 115 Trust Plan to expedite the pay down of pension obligations; and
8. Approved the City of Costa Mesa’s Revised Special Event Rates and request that said rates be reviewed on an annual basis and submitted to City Council for approval; and
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Marr MOTION: Approve recommended actions
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Motion carried: 7-0
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9. Introduced for first reading, by title only, Ordinance No. 2022-03, adding Chapter VII (AB 481 Equipment Use Policy) to Title 14 (Police and Law Enforcement) pursuant to Assembly Bill 481 (AB 481) of Gov. Code Title 1, Div. 7, Chapter 12.8, to establish the City’s AB 481 Equipment Use Policy and AB 481 Equipment Inventory.
2. ADOPTION OF FISCAL YEAR 2022-23 APPROPRIATIONS LIMIT Presentation by Ms. Molina, Finance Director.
Public Comments: None.
MOVED/SECOND: Mayor Pro Tem Marr/ Council Member Reynolds MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Motion carried: 7-0
ACTION:
City Council adopted Resolution No. 2022-33 establishing the Fiscal Year 2022-2023 Appropriations Limit for the City of Costa Mesa at $286,881,520, by using Orange County’s growth for population adjustment, and the California per capita income growth for inflationary adjustment.
OLD BUSINESS: NONE.
NEW BUSINESS:
1. PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL PLAN REVIEW,
INSPECTIONS, AND STAFFING SERVICES
Presentation by Mr. Doudar, Building Official.
Public Comments: None.
MOVED/SECOND: Mayor Pro Tem Marr/ Mayor Stephens
MOTION: Approve recommended actions.
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Motion carried: 7-0
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ACTION:
1. City Council approved and authorized the City Manager and City Clerk to execute a five-year Professional Service Agreement (PSA) with each consulting firm listed below from July 1, 2022 - June 30, 2027 in substantially the form as attached and in such final form as approved by the City Attorney for on-call plan review, inspections, and staffing services:
· 4Leaf, Inc.
· Bureau Veritas, North America, Inc.
· CSG Consultants, Inc.
· Dennis Grubb & Associates, LLC
· Interwest Consulting Group
· Melad and Associates, Inc.
· Scott Fazekas & Associates, Inc.
· The Code Group, Inc.
2. Authorized the City Manager and City Clerk to execute future amendments with the above listed firms including any potential increases in compensation as long as the amendments are within the annual budget.
2. ADOPT A RESOLUTION 22-XX AND APPROVE A LETTER OF SUPPORT FOR HOUSE RESOLUTION 8
Presentation by Ms. Farrell Harrison, City Manager.
Public Comments:
Written communications were received from [email protected], Shane Fox, Ronald Chee, Martin Millard, David Hillberg, Durwin Coustaut, Erick Erickson, Dave Evenson, Patrick Caswell, and Heather Hawke from Orange County Gun Owners PAC.
Marc Vukcevich spoke in support of the item and in support of gun control.
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: Council Member Harper.
Absent: None
Motion carried: 6-1
ACTION:
City Council adopted of Resolution 2022-31 approving a letter in support of the United States House of Representatives’ Resolution 8 (H.R. 8), the Bipartisan Background Checks Act of 2021.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
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ADJOURNMENT – The Mayor adjourned the Meeting in Memory of Ann Pallo at 11:01 p.m.
Minutes adopted on this 19th day of July, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
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REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
JUNE 21, 2022 – CLOSED SESSION - 5:00 P.M. - MINUTES
CALL TO ORDER - The Closed Session meeting was called to order by Mayor Stephens at 5:02 p.m.
ROLL CALL
Present: Council Member Chavez, Council Member Harlan, Council Member Reynolds (Arrived 5:03 p.m.), Mayor Pro Tem Marr, and Mayor Stephens.
Absent: Council Member Gameros and Council Member Harper.
PUBLIC COMMENTS – NONE.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Costa Mesa v. Newport Mesa Unified School District, Orange County Superior Court Case No. 30-2021-01179397-CU-WM-CXC.
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA).
City Council recessed at 5:03 p.m. for Closed Session.
Closed Session adjourned at 6:00 p.m.
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
JUNE 21, 2022 – 6:00 P.M.
CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment Agency and Housing Authority meeting was called to order by Mayor Stephens at 6:06 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Led by Planning Commissioner Jimmy Vivar.
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MOMENT OF SOLEMN EXPRESSION
Led by Pastor Christine Nolf from Redemption Church.
CITY ATTORNEY CLOSED SESSION REPORT - No reportable action.
ROLL CALL
Present: Council Member Chavez (Via Zoom Webinar), Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Absent: None.
PRESENTATIONS:
Mayor Stephens provided certificates of Recognition to Newport Harbor High School Girls’ Lacrosse Team CIF Champions.
Mayor Stephens provided certificates of Recognition to Newport Harbor High School Girls’ Water Polo Team CIF Champions.
Mayor Stephens provided certificates of Recognition to Newport Harbor High School Boys’ Water Polo CIF SS Open Division Champions.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Speaker, spoke on problems associated with having to move their food truck every ten minutes and requested how to change the time limit.
Chris Corum, spoke on problems associated with a fire at his house and problems with permits.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds spoke on the storm drain master plan, supports movies in the park at Balearic Park, requested information on food truck rules and food truck zones, participated in the walk audit for Placentia Avenue improvement projects, spoke on creating Public Service Announcements for traffic calming strategies, and spoke on results of the Meyer Place traffic calming measures.
Council Member Chavez spoke on Wilson Blvd. improvements due to recent construction, speeding on Labrador Drive, fireworks issues, spoke on an hourly free meal from 12:00 – 1:00 p.m. at Donald Dungan Library for those under the age of 18, and the July 3rd event at the OC Fairgrounds.
Council Member Harlan congratulated the Newport Harbor Baseball team for winning the CIF championship, and thanked Goat Hill Lions Club for hosting a golf tournament.
Mayor Pro Tem Marr read a letter from Bob Ooten, Costa Mesa Sanitary District thanking city employees who assisted with the shredding and compost event. 149
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Mayor Stephens spoke on attendance at Juneteenth Gospel Voices of OC event, Arts in Learning Conservatory event, spoke on playing at the Goat Hill Lions Club golf tournament, thanked the Newport Rib Company for hosting the dinner auction event and raising money for the Altobelli family, is pleased with Randolph St. project improvements, and spoke on the Independence Day celebration on July 3rd at the OC Fairgrounds.
CITY MANAGER REPORT – Ms. Farrell Harrison spoke on the Independence Day event on July 3rd, spoke on concerts in the park, spoke on safe and sane fireworks are the only fireworks allowed, spoke on rental assistance programs available, and thanked the Development Services and Building Department for their efforts.
CITY ATTORNEY REPORT – None.
CONSENT CALENDAR (Items 1-11)
MOVED/SECOND: Mayor Pro Tem Marr/Council Member Chavez
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 11.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Gameros and Council Member Harper.
Motion carried: 5-0
1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL
ORDINANCES AND RESOLUTIONS
ACTION:
City Council, Agency Board, and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk: Robert Becker, Jeffrey Pham, Mari Shimizu.
3. ADOPTION OF WARRANT RESOLUTION
ACTION:
City Council approved Warrant Resolution No. 2682
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4. ADOPTION OF A RESOLUTION TO ALLOW MEMBERS OF THE CITY COUNCIL,
COMMISSIONS AND COMMITTEES TO PARTICIPATE IN THE MEETINGS
REMOTELY, AS NEEDED, DUE TO HEALTH AND SAFETY CONCERNS FOR THE
MEMBERS AND THE PUBLIC
ACTION:
City Council adopted Resolution 2022-42 to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
· The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and
· Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.
5. BIENNIAL REVIEW OF CITY’S CONFLICT OF INTEREST CODE
ACTION:
City Council approved Resolution No. 2022-43 revising the list of designated positions in the City’s Conflict of Interest Code.
6. MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND OBJECTIVES ACTION:
City Council approved the June 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.
7. AGREEMENT FOR DIESEL FUEL PROCUREMENT AND DELIVERY SERVICES WITH MERRIMAC PETROLEUM, INC.
ACTION:
1. City Council approved the Agreement with Merrimac Petroleum, Inc., DBA Merrimac Energy Group, 1240 Wardlow Road, Long Beach, CA 90807, for the purchase and delivery of diesel fuel in an annual amount not to exceed $360,000 based upon pricing through an Agreement with the City of Torrance, Bid No.
B2019-07, for an initial term of two (2) years effective July 1, 2022.
2. Authorized the City Manager and the City Clerk to execute the agreement and future authorized amendments to the agreement.
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8. AMENDMENT FOR UNLEADED FUEL PROCUREMENT AND DELIVERY SERVICES WITH PINNACLE PETROLEUM, INC.
ACTION:
1. City Council approved Amendment No. 1 to the agreement with Pinnacle Petroleum, Inc., increasing Fiscal Year 2021-2022’s annual amount by $120,000 and increasing the annual not to exceed amount for subsequent years by $400,000, resulting in annual allocation of $800,000.
2. Authorized the City Manager and the City Clerk to execute the amendment and future authorized amendments to the agreement.
9. ACCEPTANCE OF THE FAIRVIEW ROAD HIGHWAY SAFETY IMPROVEMENT PROJECT, FEDERAL PROJECT NO. HSIPL-5312(102), CITY PROJECT NO. 19-10 ACTION:
1. City Council accepted the work performed by Hardy & Harper, Inc., for the Fairview Road Highway Safety Improvement Project, Federal Project No.
HSIPL-5312(102), City Project No. 19-10, and authorized the City Clerk to file the Notice of Completion.
2. Authorized the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond, if appropriate, at the conclusion of the one-year warranty period.
10. RENEWED MEASURE M (M2) ELIGIBILITY
ACTION:
1. City Council approved the City’s Maintenance of Effort (MOE) for Fiscal Year (FY) 2022-23.
2. Approved the M2 Seven-Year Capital Improvement Program (CIP) comprised of the City’s Five-Year and future year CIP for FY 2022-23 through FY 2028-29.
3. Adopted Resolution No. 2022-44, for the Update of the Pavement Management Plan.
4. Authorized staff to submit documents to meet M2 Eligibility requirements.
11. ACCEPTANCE OF CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT ACTION:
1. City Council accepted $159,969 CalRecycle’s SB 1383 Local Assistance Grant Program that was recently awarded to the City.
2. Authorized the City Manager or designee with signature authority to execute all documents necessary to implement the grant and all grant-related reports to CalRecycle.
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3. Authorized revenue and expense appropriations in the amounts of $159,969, respectively, to account for the SB 1383 grant award in the City’s FY2021-22 State Grant Fund (Fund 231).
-----------------------------------------END OF CONSENT CALENDAR---------------------------------------- PUBLIC HEARINGS: (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. BUSINESS IMPROVEMENT AREA (BIA) REAUTHORIZATION, RESOLUTION TO
LEVY ANNUAL ASSESSMENT
Presentation by Ms. Reyes, Assistant to the City Manager and Ms. Lombardi Fries, Travel Costa Mesa President.
Public Comments:
Maurice Mandel, spoke on hotel utilization during the Olympics.
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Marr MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Gameros and Council Member Harper.
Motion carried: 5-0
ACTION:
1. Conducted a public hearing regarding the Business Improvement Area (BIA) reauthorization and levy of the annual assessment for Fiscal Year 2022-2023.
2. Adopted Resolution No. 2022-45, confirming the annual report filed by Travel Costa Mesa and levying an annual assessment for Fiscal Year 2022-23 for the Business Improvement Area (BIA) covering certain Costa Mesa hotels and motels.
3. Approved the use of $164,000 in Federal American Rescue Plan Funds as revenue recovery for City activities, programs and events, until annual hotel tax and BIA revenues are restored to normal levels.
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2. INTRODUCTION 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
Presentation by Mr. Sethuraman, Public Works Director and Ms. Rosales, Transportation Manager.
Public Comments:
Patricia Collen, inquired if a home with five families living together had a limit on the number of cars allowed and if not how is the city going to handle that situation.
Maurice Mandel, spoke on the parking study as being incomplete, submitted a letter, and spoke on problems in the study.
Discussion ensued on including language in the ordinance to allow for flexibility in certain situations; and clarification on an eligible driver.
MOVED/SECOND: Council Member Chavez/Council Member Harlan MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Gameros and Council Member Harper.
Motion carried: 5-0
ACTION:
1. City Council introduced for first reading, by title only, 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. Approved Amendment No. 3 to the Professional Services Agreement with Dixon Resources Unlimited increasing the maximum compensation by $60,950 for Residential Permit Parking Support Services, for a total not-to-exceed amount of $192,950.
3. Authorized the City Manager and the City Clerk to execute the amendment and future authorized amendments to the agreement.
OLD BUSINESS: NONE.
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NEW BUSINESS:
1. APPROVAL OF AMENDMENTS TO CITYWIDE RENTAL ASSISTANCE PROGRAMS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Presentation by Mr. Nate Robbins, Neighborhood Services Manager, and Alma Reyes, Assistant to the City Manager.
Public Comments:
Roberto Herrera, Resilience OC, spoke on accessible resources, fear and confusion on the rental assistance program, and outreach strategies.
Speaker, spoke on the measures being used to combat rising rent and requested follow up from staff.
Speaker, spoke on losing their job and rental assistance.
Speaker, spoke in appreciation of staff being outside prior to the meeting to survey the community.
Speaker, spoke on supporting the community.
Speaker, spoke on staff involvement.
Speaker, spoke on the average household budget and rent increases.
Speaker, spoke on accessible resources, the rental assistance program, and outreach strategies.
Discussion ensued on outreach, evictions, and funding for legal aid.
MOVED/SECOND: Council Member Chavez/ Mayor Pro Tem Marr MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Gameros and Council Member Harper.
Motion carried: 5-0
ACTION:
1. City Council approved Amendment No. 2 to the Subrecipient Agreement (SRA) with Mercy House Living Centers increasing the compensation by $62,312, for a total Not-To-Exceed amount of $392,633 for program administration for the City’s CDBG-CV Rental Assistance Program for lower-income households without children.
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2. Appropriated an allocation of $500,000 in American Rescue Plan Act (ARPA) funds to augment the HUD funded Rental Assistance Program for Costa Mesa renters, and required ancillary services, if eligible, from this or any other Federal or City available and eligible Fund, as needed.
3. Authorized the City Manager and the City Clerk to execute any new agreements and any and all amendments to existing agreements for the augmented ARPA funding for the Rental Assistance Program to assist Costa Mesa renters to overcome housing instability.
City Council recessed into a break at 9:25 p.m.
City Council reconvened at 9:38 p.m.
2. FIRST READING OF AN ORDINANCE REVISING CHAPTER III OF TITLE 12
REGARDING THE PARKS, ARTS AND COMMUNITY SERVICES COMMISSION TO
REMOVE ARTS FUNCTIONS, FIRST READING OF AN ORDINANCE ADDING CHAPTER IV OF TITLE 12 ESTABLISHING AN ARTS COMMISSION, AND
RESULTING DISSOLUTION OF THE CULTURAL ARTS COMMITTEE
Presentation by Jason Minter, Parks and Community Services Director.
Public Comments: None.
MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Approve recommended actions with the following changes:
In Ordinance No. 2022-05, to revise Chapter III of Title 12 regarding the Parks, Arts and Community Services Commission to remove Arts Functions and remove the District residency requirement for the Parks and Community Services Commission and only require residency of Costa Mesa.
In Ordinance No. 2022-06, to adopt Chapter IV of Title 12 establishing an Arts Commission, with the following residency requirement: Residency in the City shall not be required of all members of the Commission, provided that at least four of the commissioners shall be residents of the City and all members of the commission shall be in the business of or regularly engaged in the practice of the arts in the judgment of the appointing Council Member and Council.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Gameros and Council Member Harper.
Motion carried: 5-0
ACTION:
1. City Council read by title only, waived further reading and introduced Ordinance 2022-05 to rename the Parks, Arts and Community Services Commission to Parks and Community Services Commission, remove arts related language, remove the district requirement and only require residency of Costa Mesa. 156
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2. Read by title only, waived further reading and introduced Ordinance 2022-06 to establish an Arts Commission that would serve as an advisory commission to the City Council in matters related to the City’s Arts and Culture Master Plan, with the following residency requirement: Residency in the City shall not be required of all members of the Commission, provided that at least four of the commissioners shall be residents of the City and all members of the commission shall be in the business of or regularly engaged in the practice of the arts in the judgment of the appointing Council Member and Council.
3. Authorized a $100.00 per month stipend for the Arts Commissioners.
3. PROFESSIONAL SERVICES AGREEMENT WITH TCCG TECH COAST
CONSULTING GROUP LLC TO PREPARE AN ECONOMIC DEVELOPMENT
STRATEGIC PLAN FOR THE CITY OF COSTA MESA
Presentation by Mr. Inloes, Economic Development Administrator.
Public Comments:
David Martinez, Costa Mesa, spoke in support of citywide fiber and internet access, redevelopment of commercial and industrial areas, and spoke in support of mixed-use developments.
MOVED/SECOND: Mayor Pro Tem Marr/Council Member Harlan
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Gameros and Council Member Harper.
Motion carried: 5-0
ACTION:
1. City Council approved and authorized the City Manager and City Clerk to execute an agreement with TCCG Tech Coast Consulting Group LLC (TCCG), for a not-to-exceed amount of $200,000 for the term of one year with an additional four one-year renewal options, in substantially the form as attached, and in such final form as approved by the City Attorney.
2. Authorized the City Manager and City Clerk to approve future amendments to the agreement with TCCG including potential increases in compensation so long as such amendments are within the annual budget.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
ADJOURNMENT – The Mayor adjourned the Meeting at 10:48 p.m. 157
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___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
158
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-782 Meeting Date: 7/19/2022
TITLE:
ADOPTION OF A RESOLUTION TO ALLOW MEMBERS OF THE CITY COUNCIL, COMMISSIONS
AND COMMITTEES TO PARTICIPATE IN THE MEETINGS REMOTELY, AS NEEDED, DUE TO
HEALTH AND SAFETY CONCERNS FOR THE MEMBERS AND THE PUBLIC DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2022-xx to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and
2. Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.
BACKGROUND:
Pursuant to AB 361, the City Council will need to declare every 30 days that the City’slegislative bodies and individual members can continue to meet remotely, as needed, in order to ensure the health and safety of the members and the public.
On September 17, 2021 the Governor signed into law AB 361, which allows local legislative bodies to continue to meet remotely, and waive certain posting requirements if:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; and
· Legislative bodies declare the need to meet remotely due to present risks to the health or safety of all attendees.
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File #: 22-782 Meeting Date: 7/19/2022
ANALYSIS:
The City meets the requirements of AB 361 to continue holding meetings remotely in order to ensure the health and safety of the members, public and its employees. Both the California Department of Public Health and the County of Orange Public Health Officer have issued recommendations that members of vulnerable populations (such as older adults and those persons with an elevated risk due to certain medical conditions) continue to practice social distancing. The City cannot ensure social distancing requirements are always met inside the Council Chambers and/or Conference Rooms where the City Council, Commissions, and Committees meet, making it difficult for members of these bodies, City staff, and members of the public to consistently socially distance from each other with absolute certainty.
Staff recommends that the City Council adopt the proposed resolution making the required findings that the City Council, Commission and Committee meetings can continue to meet remotely, as needed, pursuant to the requirements of AB 361.
ALTERNATIVES:
City Council may choose not to hold City Council, Commission and Committee meetings remotely via Zoom. The City would then be required to hold all public meetings in-person.
FISCAL REVIEW:
There is no fiscal impact associated with this item.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this agenda report, has prepared the proposed Resolution, and approves them 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 adopt Resolution 2022-xx to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and
2. Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.
160
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 MAKING
THE LEGALLY REQUIRED FINDINGS TO CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE “TELEPHONIC” MEETINGS DURING THE STATE OF
EMERGENCY
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, on March 4, 2020, pursuant to California Gov. Code Section 8625, the Governor declared a state of emergency;
WHEREAS, on September 17, 2021, Governor Newsom signed AB 361, which bill went into immediate effect as urgency legislation;
WHEREAS, AB 361 added subsection (e) to Section 54953 to authorize legislative bodies to conduct remote meetings provided the legislative body makes speci fied findings;
WHEREAS, as of June 28, 2022, the COVID -19 pandemic has killed more than 91,516 Californians;
WHEREAS, social distancing measures decrease the chance of spread of COVID- 19;
WHEREAS, this legislative body previously adopted a resolution to au thorize this legislative body to conduct remote “telephonic” meetings; WHEREAS, Government Code 54953(e)(3) authorizes this legislative body to continue to conduct remote “telephonic” meetings provided that it has timely made the findings specified therein.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Costa Mesa does hereby declare that it has reconsidered the circumstances of the state of emergency declared by the Governor and at least one of the following is true: (a) the state of emergency, continues to directly impact the ability of the members of this legislative body to meet safely in person; and/or (2) state or local officials continue to impose or recommend measures to promote social distancing.
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ATTACHMENT 1
Resolution No. 2022-xx Page 2 of 2
PASSED AND ADOPTED this __ day of ___, 2022.
___________________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ ___________________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2022-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the ___ 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
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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-804 Meeting Date: 7/19/2022
TITLE:
MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND OBJECTIVES
DEPARTMENT: CITY MANAGER’S OFFICE
PRESENTED BY: LORI ANN FARRELL HARRISON, CITY MANAGER
CONTACT INFORMATION: ALMA REYES, ASSISTANT TO CITY MANAGER RECOMMENDATION:
Staff recommends the City Council approve the July 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.
BACKGROUND:
On October 16, 2021, the City Council adopted new Goals and Objectives for the 2021-2024 Three Year Strategic Plan and created a new six-month work plan covering the October 2021 through March 2022 period. The new Six Month Objectives (Attachment 1) were developed at the September 27, 2021 Strategic Planning retreat. During the workshop, the City Council developed key priorities and objectives for the next six months with staff input. Staff will continue to provide status updates to the City Council via the detailed work plan attached to this report, which is updated on a monthly basis.
A future Strategic Planning session will be scheduled where the current goals and objectives will be evaluated and the City Council and City leadership will identify new key priorities as well as new objectives for the following six months.
ANALYSIS:
The September 27, 2021 Strategic Planning Retreat included breakout groups where each of the five City Council Goals were discussed individually. Additionally, each breakout group developed key objectives for the next six-month period for each Goal, covering the October 2021 through March 2022 period. The matrix provides a detailed work plan with specific deliverables for each Goal including timeframes for project completion that will be updated and monitored monthly. It is important to note, deadlines may be extended for the completion of objectives due to internal and/or external factors.
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File #: 22-804 Meeting Date: 7/19/2022
THREE-YEAR GOALS AND PRIORITIES:
The Three Year Goals approved by the City Council are as follows (in no priority order):
· Recruit and Retain High Quality Staff
· Achieve Long-Term Fiscal Sustainability
· Strengthen the Public’s Safety and Improve the Quality of Life · Diversify, Stabilize and Increase Housing to Reflect Community Needs · Advance Environmental Sustainability and Climate Resiliency ALTERNATIVES:
The City Council can provide alternate direction to staff regarding the Strategic Plan update.
FISCAL REVIEW:
Many of the stated priorities and action steps were funded within the FY 21-22 Adopted Budget, and are also included in the Adopted Budget for FY 22-23.
LEGAL REVIEW:
The City Attorney reviewed and approved this report as to form.
CONCLUSION:
The City Council in collaboration with the City’sleadership team revised the Three Year Goals at the September 2021 retreat, and established new objectives for the next six months. Staff is currently working on scheduling the 2022 Strategic Planning Retreat. Staff recommends that the City Council approve the July 2022 update to the Strategic Plan.
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A1
C I T Y O F C O S T A M E S A
SIX -MONTH STRATEGIC OBJECTIVES
THREE-YEAR GOAL: RECRUIT AND RETAIN HIGH QUALITY STAFF
WHEN
WHO
WHAT
STATUS
COMMENTS
DONE ON
TARGET
REVISED
1. Dec. 1, 2021
HR Manager
Initiate the process to map and evaluate the employee recruitment process to innovate and modernize recruitment and commence development of the succession plan and present to the City Manager.
X
Succession Plan Contract awarded
to CPS Consulting Services for the
development of the Citywide
Succession Plan and
modernization of recruitment and
hiring practices. Work is underway
2. Dec. 1, 2021
City Manager
Present to the City Council for consideration the first phase of hard- to-fill positions requiring a market adjustment based on current data.
X
City Council approved Phase 1
and Phase 2 of the hard-to-fill and
hard-to-retain compensation
adjustments.
3. June 1, 2022
City Clerk
Perform a market analysis of City Council compensation for comparable agencies and special districts within the county and report results to the City Manager.
X
Preliminary Council Compensation
Survey has been provided to the
City Manager and due diligence
review is in progress.
4. July 15, 2022
HR Manager
Launch the Costa Mesa University Wellness, Leadership, Training and Mentorship Program for all city employees.
X
Finalizing initial phase of training
offerings for Costa Mesa “U” in
conjunction with implementation of
Neogov Learn module
5. March 15, 2022
HR Manager
Develop HR staffing recommendations for inclusion in the mid-year budget to be presented to the City Council for consideration.
X
Staffing recommendations finalized
and presented to the City Council
for consideration during the Mid-
Year Budget Study Session.
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A2
6. July 15, 2022
HR Manager, in
concert with the IT
Director
Update and begin implementation of the online employee onboarding, training and evaluation processes by updating the NeoGov System.
X
NeoGov contract signed.
Implementation process initiated
for NEOGOV “Onboard”, “Learn”
(Training) and “Perform”
(Evaluation) modules.
“Learn” module in implementation
process and scheduled to go “live”
in fall 2022.
“Onboard” implementation in
progress to be followed by
“Perform.”
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B1
THREE-YEAR GOAL: ACHIEVE LONG-TERM FISCAL SUSTAINABILITY
WHEN
WHO
WHAT
STATUS
COMMENTS
DONE ON
TARGET
REVISED
1. Dec. 15, 2021
Finance Director
Develop and define a quarterly report format, including financial metrics, to improve fiscal transparency and
report to the City Council and FIPAC
X
Distributed the FY 2021/2022 1st
and 2nd Quarter Financial
Reports to the City Council and
FiPAC, and posted to the City’s
website.
2. June 1, 2022
Economic and
Development Services
Director, working with the
City Attorney
Secure a consultant for the Economic Development
Strategic Plan.
X
The Request for Proposals has
been prepared.
6/21/22 –City Council approved
PSA with Tech Coast Consulting
Group (TCCG).
3. March 15, 2022
IT Director, working with
the Police Chief and
Finance Director
Procure and implement an upgrade of the public safety
systems, subject to Dept. of Justice approval, and
citywide database servers.
X
Working with PD to implement
MDCs.
Began installation of Phase 3 PC
Refresh for PD, Fire and PS.
4. March 15, 2022
Finance Dir., working with
the Development Services
Director
Provide an update to the City Council regarding the state of retail cannabis implementation, including revised
revenue projections.
X
Mid-Year Budget Study Session
provided to City Council with an
update on all General Fund
revenues including Retail
Cannabis for current year budget.
Additional updates to be provided
in context of FY 2022-23 Budget.
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C1
THREE-YEAR GOAL: STRENGTHEN THE PUBLIC’S SAFETY AND IMPROVE THE QUALITY OF LIFE
WHEN
WHO
WHAT
STATUS
COMMENTS
DONE ON
TARGET
REVISED
1. Weekly
Asst. City Manager (lead),
working with the
Communications Team
Enhance the Communications and Engagement Plan to
support the public’s health, safety and quality of life and present results to the City Manager.
X
Weekly communication plan
presented to City Manager.
Additional contract resources may
be acquired in order to expand
existing communications during
pandemic; Ongoing efforts.
2. June 30, 2022
Public Services Dir., working
with the Police Chief and a
consultant
Present a plan to reduce collisions and injuries on
roadways, including providing 3-5 options for City Council direction.
X
11/2/21 - Third stakeholder working
group held to review safety
countermeasures for case study
locations, counter measure toolbox,
and best practices.
11/17/21 -Public outreach meeting
scheduled. Consultant prepared
draft Local Road Safety Plan with
traffic safety countermeasures and
applications to reduce collisions and
injuries on roadways.
3/8/22- Revised report sent to
Stakeholder Working Group for
review. Consultant incorporated
Stakeholder Working Group
comments.
4/6/22 - Stakeholder comments
received on March 18. Consultant
incorporated comments and
submitted Local Road Safety Plan
(LRSP) on April 4.
5/4/22 - Presentation of LRSP to
Active Transportation Committee.
6/6/22: LRSP revised based on
comments received and submitted
in May. A memo with the final LRSP
report will be sent to City Council in
2022.
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C2
3. March 15, 2022
Police Chief – lead, Asst.
City Manager, Parks and
Community Services Dir.,
and Fire Chief
Engage the community to obtain feedback on the
community’s sense of safety and well-being and present
results to the City Council
X
Police Dept. developing a
community survey and potential
platforms and channels of
distribution.
1/5/22 - Survey draft has been
completed and shared with
department directors for feedback
and finalization. Numerous Meet
and Greet opportunities have been
held for new Police Chief to discuss
public safety goals and measures
with community groups with
additional potential meetings
underway.
3/2/22 – Finalized draft community
survey submitted to City Manager.
4/25/22 – After completing a very
successful five-year CMFR strategic
plan, the Fire & Rescue Department
recently initiated a new five-year
CMFR strategic planning process,
which will result in a new
Community Driven CMFR Strategic
Plan (2022-2027), in alignment with
the City Council’s strategic goals
and objectives. The process
included obtaining feedback related
to safety and services from a range
of community stakeholders, as well
as input from internal stakeholders.
A draft report is currently being
worked on and will be shared with
the City Council for review and input
in the coming months.
6/2/22 – Received and made edits
from City Manager. Sent to PD, Fire
and Parks for review. Once that is
complete, will get it back to City
Manager for one last review and
then create and circulate survey.
Currently, staff is scheduling of a
series of community Listening Tours
with Police Chief for all Costa Mesa
Districts with Mayor and Council
Members.
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C3
4. March 15, 2022
Parks and Community
Services Director
Update the City Council on the Open Space Master Plan,
with a focus on access to parks.
X
12/7/21 - City Council approved an
agreement with RJM Design Group
to complete the Open Space Master
Plan (not-to-exceed $56,600).
The Master Plan review is
underway, with stakeholder
interviews and phone surveys in
progress. Community meetings will
be next, with publicity to go out in
the coming weeks. The update
process is expected to be complete
in fall 2022.
5. March 15, 2022
Asst. City Manager
Present options to the City Council for a behavioral health response model.
X
Reviewing best practices and
conducting outreach to potential
providers. Made contact with 3 cities
for potential opportunities to
collaborate and exploring available
funding streams.
Seeking sustainable funding to
develop a pilot program.
6. FUTURE OBJECTIVE
_______, 2022
Asst. City Manager, working
with the Communications
Team
Identify, develop and implement a measurement tool(s) to determine the effectiveness of the City’s communications and public engagement with all segments of the
community.
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D1
THREE-YEAR GOAL: DIVERSIFY, STABILIZE AND INCREASE HOUSING TO REFLECT COMMUNITY NEEDS
WHEN
WHO
WHAT
STATUS
COMMENTS
DONE ON
TARGET
REVISED
1. Dec. 1, 2021
Asst. City Manager – lead,
Development Services Dir.,
City Attorney
Present to the City Council opportunity sites for potential motel conversions with site control options.
X
11/16/21- Two proposed sites
approved by the City Council.
12/14/21 – County Board of
Supervisors approved one site
(Motel 6) for submission to the State
by the deadline of 1/31/22.
4/27/22 – City announced State
HCD approval of $10.7 million for
motel conversion in Costa Mesa
(Project Homekey).
2. Dec. 15, 2021
City Attorney and the
Development Services Dir.
Present to the City Council for action necessary code
amendments to address SB 8, 9, and 10.
X
12/7/21 - City Council adopted an
urgency ordinance adopting
changes to Title 13 (Zoning) relating
to the implementation of Senate Bill
9 for the creation of two residential
units per lot and urban lot splits in
single family residential zones; and
declaring the ordinance an urgency
measure to take effect immediately.
3. Dec. 15, 2021
City Manager, working with
the City Council
Initiate and convene a Citizens Advisory Group to discuss Measure Y and Housing Element compliance.
X
10/19/21 – The City Council
approved formation of a Housing Ad
Hoc Committee to lead community
outreach efforts and deliberations
regarding Housing Element
Compliance and Measure Y.
1/11/22 – Community Forum was
held by Ad Hoc Committee to seek
input from the public.
7/12/22 – Study Session conducted
to consider the Ad Hoc Committee’s
recommendations.
171
D2
4. Feb. 1, 2022
Development Services Dir.
Present to the City Council for action the Housing Element.
X
11/8/21 - The initial Housing
Element presentation to the
Planning Commission took place.
On target for City Council discussion
in January 2022 and final adoption
on February 1st
2/1/22- The City Council adopted a
Resolution approving the City of
Costa Mesa’s 2021-2029 (Sixth-
Cycle) Housing Element.
5. June 1, 2022
Development Services Dir.
and City Attorney
Present to the Planning Commission a draft Inclusionary Housing Ordinance.
X
Keyser Marston Associates, the
City’s inclusionary housing
consultant, has completed the first
draft of the required technical report.
On target for presentation of options
to the City Council and Planning
Commission in 2022.
6. FUTURE OBJECTIVE
_______, 2022
Development Services Dir.
and City Attorney
Initiate a draft STR Ordinance and an evaluation of
program implementation options.
X
11/2/21 – City Council approved an
urgency ordinance prohibiting STR’s
(except for home sharing). Staff will
investigate opportunities for a
permitting system and return to
Council in 2022.
7. FUTURE OBJECTIVE
_______, 2022
Development Services Dir.
and the City Attorney,
working with Jamboree
Housing
Present to the City Council for consideration a development plan and land use documentation for affordable senior
housing at the Senior Center site.
X
Jamboree Housing has initiated
meetings with staff to move forward
with an application for a senior
housing project on the City Senior
Center site in mid-2022. The City
Manager has approved an extension
of the ENA to that effect.
172
E1
THREE-YEAR GOAL: ADVANCE ENVIRONMENTAL SUSTAINABILITY AND CLIMATE RESILIENCY
WHEN
WHO
WHAT
STATUS
COMMENTS
DONE ON
TARGET
REVISED
1. May. 15, 2022
Public Services Director
Present the Pedestrian Master Plan update to the City
Council for direction.
X
10/6/21 – 2nd Public Outreach
meeting held.
12/1/21 – Draft recommendations
and draft Pedestrian Master Plan
recommendations presented to the
Active Transportation Committee
(ATC).
1/19/22 – A special meeting of the
ATC focused on the Pedestrian
Master Plan.
3/8/22 - Draft recommendations and
plan revised to incorporate and
address comments.
4/6/22 - Draft plan submitted on
April 6. Public outreach conduced
April 27 to review draft plan. Draft
Plan uploaded to City website.
5/4/22 – Draft plan posted to City
website on 4/14. Public outreach
meeting held on 4/27.
6/6/22: Comment matrix with
responses sent to ATC on 5/6.
6/22/22 – ATC voted unanimously to
move the Pedestrian Master Plan
forward to Planning Commission.
173
E2
2. June 15, 2022
Public Services Director,
working with the City
Manager
Develop a scope of work for the Climate Action and
Adaptation Plan and present to the City Council for action.
X
Staff is currently conducting
research on best practices in
CAAP development, including
detailed review of climate action
plans of several cities in California.
Staff has also developed a draft
community survey titled “Climate
Ready Costa Mesa: Community
Survey” to gauge Costa Mesa
residents’ concerns and priorities
in climate change. The survey is
expected to be launched in early
2022.
1/5/22 – Staff has completed
research on best practices and
lessons learned, and is currently
working on developing a draft
scope of work for Costa
Mesa.
3/8/22 - City staff has developed a
draft Climate Action and
Adaptation Plan (CAAP) and it is
currently being reviewed by the
City Manager.
174
E3
3. March 1, 2022
Public Services Director
Provide an update of the Stormwater Management Master
Plan to the City Council.
X
Phase 1 - Existing Conditions
Assessment Review (ECAR):
Data Collection of Record
Information: Completed
Site Assessment and
Inspection: Completed
Base maps Development:
Ongoing
Existing Hydrologic/
Hydraulic Analysis (EHH):
Near completion
6/16/22 - Public Workshop # 1 to
review Draft ECAR conducted.
Final ECAR and completion of
Phase 1 anticipated in July 2022.
Phase 2 - Storm Drain Master
Plan (SDMP) Update:
Starts July 2022: Proposed Storm
Water Alternatives Improvement
Map (SWAIM) to incorporate public
workshop #1 comments.
Phase 2 to be completed at the
end of 2022 with public workshop
#2 with the Final Storm Drain
Master Plan (SDMP) Update.
Public Workshop #2 to be
conducted in late fall 2022.
Phase 3 - Drainage System
Upgrade Fees and Financing
Study: Begins January 2023 upon
completion of the SDMP Update.
Phase 4 - Westside Storm Drain
Improvements: Projected July
2023.
175
E4
4. May 1, 2022
Public Services Director,
working with the
Development Services Dir.
Re-evaluate the existing Municipal Sustainable Policy,
including landscape, organic waste and infrastructure
planning and present the results to the City Council for action.
X
Staff mobilized Costa Mesa Green
Team (representatives from Public
Services & Development Services)
to review existing policy developed
in 2007 and conduct research on
ways to advance sustainability at
City owned facilities and
infrastructure.
Staff recruited members of
‘Sustainability Working Group’,
representatives from all City
Departments to provide
suggestions to improve the
Sustainable Municipal Green
Policy.
1/5/22 – The Costa Mesa Green
Team has conducted research on
best practices in municipal
sustainability and has developed
preliminary goals.
The Sustainability Working Group
members, representing all City
Departments, have been identified
and the first internal workshop to
review the policy will be held in
early January.
3/8/22 - City staff completed the
draft Sustainable Municipal Green
Policy (SMGP) update and it is
currently being reviewed by the
City Manager and other
Departments.
The Green Team celebrated Earth
Day and Arbor Day while
implementing the tentative policies
of the SMGP.
The SGMP update will be
transmitted to Council.
176
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-787 Meeting Date: 7/19/2022
TITLE:
DESIGNATION OF VOTING DELEGATE FOR 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:
Staff recommends the City Council:
Designate Mayor Pro Tem Marr as Costa Mesa’svoting delegate for the 2022 League of California Cities Annual Conference.
BACKGROUND:
The League of California Cities 2022 Annual Conference & Expo is scheduled on September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting on Friday, September 9, 2022. In order to vote at this meeting, the City Council must designate a voting delegate and up to two alternate voting delegates. Currently, Mayor Pro Tem Marr is registered to attend the conference.
ANALYSIS:
The designation of a voting delegate will allow the City to participate in the Annual Business Meeting.
It is at this meeting that the League membership considers and takes action on resolutions that establish League policy throughout the coming year. Information on what resolutions will be reviewed is not available at this time.
Consistent with League bylaws, a city’svoting delegate and up to two alternates must be designated by the City Council. The City Clerk or Mayor must sign the attached form affirming that the names provided are those that were selected by the City Council (Attachment 1). The voting delegate and alternates must be registered to attend the conference. The voting delegates must be present at the Business Meeting and in possession of the voting card in order to cast a vote. Transferring a voting card to a non-designated individual is not allowed. Currently, Mayor Pro Tem Marr is registered to attend the conference.
177
File #: 22-787 Meeting Date: 7/19/2022
ALTERNATIVES:
City Council may choose to not appoint a delegate; therefore, will be unable to vote at the Annual Business Meeting.
FISCAL REVIEW:
Finance Department verified that there is no fiscal impact associated with this item.
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:
Designate Mayor Pro Tem Marr as Costa Mesa’svoting delegate for the 2022 League of California Cities Annual Conference.
178
CITY:________________________________________
2022 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: ____________________________________ Email_________________________________
Mayor or City Clerk_________________________ Date____________ Phone________________ (circle one) (signature)
Please complete and return by Friday, September 2, 2022 to:
Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254
179
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-810 Meeting Date: 7/19/2022
TITLE:
TRAFFIC MANAGEMENT SERVICES AGREEMENTS WITH THE 32ND DISTRICT
AGRICULTURAL ASSOCIATION
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: DAN MILES, POLICE SERGEANT
CONTACT INFORMATION: DAN MILES (714) 754-4963
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the 2022 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.
2. Approve the 2022 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).
3. Authorize the City Manager and the City Clerk to execute the agreements.
4. Authorize the City Manager and the City Clerk to execute any amendments to the agreements, including, but not limited to, amendments increasing the maximum compensation to be paid to the City.
BACKGROUND:
Each year, with the exception of 2020 due to the pandemic, the City enters into two agreements with the 32nd District Agricultural Association (“District”)to provide traffic management services.
The first agreement applies to services provided by Police Department personnel during the annual Orange County Fair (“OC Fair”). The second agreement applies to services provided by Police Department personnel at designated events that occur at the OCFEC throughout the year.
The State of California requires the governing body (City Council) to approve all agreements before payment can be made.
180
File #: 22-810 Meeting Date: 7/19/2022
ANALYSIS:
The Costa Mesa Police Department is requesting City Council approval to enter into agreements with the District to provide the District with traffic management services during the 2022 OC Fair and during designated events throughout the year at the OCFEC.
The agreements provide for full reimbursement of personnel costs incurred by the City in providing traffic management services for the events. The District will compensate the City in accordance with the hourly rates set forth in the City of Costa Mesa Rate Determination (Attachment 3), established pursuant to Administrative Regulation 2.13.
Generally, the services that will be provided under both agreements include:
1. Providing and coordinating traffic management services for events at the OCFEC.
2. Controlling or “pickling”traffic lights in unison with the efforts of the District’s Parking Department.
3. Closing City streets in unison with the efforts of the District’sParking Department. Police Department personnel will update signage boards to reflect street closures and directional information in conjunction with the District’s Parking Department.
The details relating to each agreement are outlined below.
Traffic Management Services - Orange County Fair
The agreement specific to traffic management services during the OC Fair has a term of July 15, 2022 through August 14, 2022. The services will be provided during the OC Fair, which is scheduled to run from July 15, 2022 through August 14, 2022. The District will pay the City a maximum of two hundred seventy five thousand dollars ($275,000) for services provided during the OC Fair. However, if that amount is likely to be reached, the City and District will work together to amend the maximum compensation as needed.
Traffic Management Services - Designated Events at the OCFEC The agreement specific to traffic management services during designated year-round events has a term of July 1, 2022 through June 30, 2023. The services will be provided during designated large- scale events that occur at the OCFEC. The District will pay the City a maximum of one hundred thousand dollars ($100,000) for services provided for events throughout the year. However, if that amount is likely to be reached, the City and District will work together to amend the maximum compensation as needed.
181
File #: 22-810 Meeting Date: 7/19/2022
ALTERNATIVES:
The City Council could choose not to approve the agreements between the City and the 32nd District Agricultural Association for traffic management services. However, this alternative would result in increased traffic congestion in and around the OC Fair during large-scale events, which would impact and require Police Department resources without any compensation.
FISCAL REVIEW:
Costs incurred by the City are fully offset by the agreement with the 32nd District.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this report and the agreements and approved them as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends the City Council:
1. Approve the 2022 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.
2. Approve the 2022 agreement between the City and the 32nd District Agricultural Association for traffic management services for all designated year-round events at the Orange County Fair and Event Center (“OCFEC”).
3. Authorize the City Manager and the City Clerk to execute the agreements.
4. Authorize the City Manager and the City Clerk to execute any amendments to the agreements, including, but not limited to, amendments increasing the maximum compensation to be paid to the City.
182
STATE OF CALIFORNIA
STANDARD AGREEMENT R____ _ A
____
_ F
_____
STD 213 (Rev. 03/2019)
AGREEMENT NUMBER
SA
-
1 01
-
22 FT
PURCHASING NUMBER
(if applicable)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below :
CONTRACTING AGENCY NAME
32 ND
DISTRICT AGRICULTURAL ASSOCIATION / OC FAIR & EVENT CENTER
CONTRACTOR NAME
CITY OF COSTA MESA
2. The term of this
07/1
5 /2022
through
08/1
4 /2022
FED ID:
95 -
6005030
Agreement is:
3. The maximum amount
of this Agreement is:
$
275
,000.00
4. The parties agree to comply with the terms and
conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibit A
–
Scope of Work
–
To provide
traffic management
for 2022 OC Fair
Page
2 Exhibit B
–
Budget Detail and Payment Provisions (Attached
hereto as part of this agreement)
Page
3 Exhibit C
–
General Terms and Conditions (Attached hereto as part of this agreement)
Pages
5 -
8 Exhibit D
–
Special Terms and Conditions
–
CCC (Attached hereto as part of this agreement)
Pages
9 -
12 Exhibit E
–
Insurance
Requirements (
Attached hereto as part of this agreement)
Pages 1
3 -
15 Exhibit F
–
OCFEC Megan’s Law Screening & Certification Form (Attached hereto as part of this agreement)
Pages 1
6 Exhibit G
–
OCFEC
Procedures (
Attached
hereto as part of this agreement)
Pages
1 7
-
19 Exhibit H
–
Additional Contract Terms & Conditions (Attached hereto as part of this agreement)
Pages 2
0 -
24 Items shown with an Asterisk (*), are hereby
incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Department of General
Services Use Only
CONTRACTOR NAME
(if other than an individual, state whether a corporation, partnership, etc.)
CITY OF COSTA MESA
CONTRACTOR AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Lori Ann Farrell Harrison, City Manager
CONTRACTOR BUSINESS ADDRESS
P.O Box 1200, Costa Mesa, CA 92626
STATE OF CALIFORNIA
CONTRACTING
AGENCY NAME
32 ND
District Agricultural Association/OC Fair & Event Center
AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Michele Richards, Chief Executive
Officer
Exempt per:
CONTRACTING AGENCY ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
mar
KK
ATTACHMENT - 1
183
CITY OF COSTA MESA
SA-101-22FT
PAGE 2 of 24
EXHIBIT A – SCOPE OF WORK (CONT.)
CONTRACT REPRESENTATIVES
32ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER Nick Buffa, Director
Phone Number (714) 708-1577
Costa Mesa Police Department
Ron Lawrence, Chief of Police
Phone Number (714) 754-5117
CONTRACTOR AGREES:
1. To provide and coordinate traffic management service for twenty-three (23) operating days during the 2022 OC Fair.
2. The dates, times and number of police personnel required will be mutually determined by the Costa Mesa Police Department and District Management.
4. To attend a pre-fair Parking Operations coordination meeting with District staff in June 2022. Meeting times and locations shall be mutually agreed upon by Contractor and the District.
5. To control or “pickle” traffic lights in unison with the efforts of the District’s Parking Department.
6. To close City streets in unison with the efforts of the District’s Parking Department. Contractor to update signage boards to reflect street closures and directional information in conjunction with the District’s Parking Department.
7. To provide weekly summary report of the previous week’s activities each Wednesday (July 20, July 27, Aug 3, Aug 10) including: date on which services were rendered, employee names/titles, shift start/end time and employee’s hourly rate.
8. To submit invoice to District for services performed during the 2022 OC Fair no later than sixty (60) days after expiration of the term of the agreement.
9. Invoicing shall include: date on which services were rendered, employee names/titles, shift start/end time and employee’s hourly rate.
10. Both Parties reserves the right to terminate this Agreement any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations, and/or performances required in the terms of the contract.
DISTRICT AGREES:
1. To notify Contractor in advance of requested services.
2. Contractor to be paid according to Costa Mesa Police Department fee schedule in Exhibit B, the total amount not to exceed Two Hundred Seventy Five Thousand Dollars and 00/100 ($275,000.00). Notwithstanding the foregoing, if Contractor’s compensation reaches $250,000 prior to the end of the term of this Agreement, District and Contractor will meet and confer to determine whether an increase in the total compensation is needed to cover Contractor’s services for the remainder of the term of this Agreement. If such increase is needed, District and Contractor will negotiate in good faith to determine the amount of such increase and enter into a written amendment to this Agreement to reflect such increased amount. If the District and Contractor do not agree upon an increased compensation amount and Contractor’s compensation reaches $275,000, Contractor shall cease providing services until such time as the total compensation is increased as appropriate to compensate Contractor for services required for the remainder of the term.
3. Payment will be made no more than thirty (30) days after satisfactory completion of services herein required and upon receipt of proper itemized invoice.
-End Exhibit A-
ATTACHMENT - 1
184
CITY OF COSTA MESA
SA-101-22FT
PAGE 3 of 24
EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102-51
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper invoice.
Invoices shall include the date on which services were rendered as well as employee names, shift start and end time, hours worked and employee’s hourly rate, and contain the District’s Purchase Order number 50863. Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
ATTACHMENT - 1 185
CITY OF COSTA MESA
SA-101-22FT
PAGE 4 of 24
EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS (CONT.)
PAYMENT RATES:
-End Exhibit B-
ATTACHMENT - 1
186
CITY OF COSTA MESA
SA-101-22FT
PAGE 5 of 24
EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 04/2017
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT:
This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT:
Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from, or in any way related to Contractor’s performance or nonperformance of this Agreement however caused or alleged to have been caused.
To the fullest extent permitted by law, the District shall defend, indemnify, and hold harmless the City of Costa Mesa, its elected officials, officers, agents, employees, and volunteers from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from or in any way related to District’s performance or nonperformance of this Agreement, however caused or alleged to have been caused.
Notwithstanding the foregoing, neither District nor Contractor shall be liable for the defense or indemnification of the other party for claims, causes of action, complaints, or suits arising out of the sole active negligence or willful misconduct of the other party, its respective officers, agents, and/or employees.
6. DISPUTES:
Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State.
8. INDEPENDENT CONTRACTOR:
Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
ATTACHMENT - 1 187
CITY OF COSTA MESA
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PAGE 6 of 24
EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
9. RECYCLING CERTIFICATION:
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post- consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW:
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
ATTACHMENT - 1 188
CITY OF COSTA MESA
SA-101-22FT
PAGE 7 of 24
EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
ii "Public purchasing body" means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated:
It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC 04/2017 / CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov.
Code §8350 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweat free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTOR NAME CHANGE:
An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
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EXHIBIT E – INSURANCE REQUIREMENTS
California Fair Services Authority #22-01
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, the California Fair Services Authority, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non -profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: "That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/ Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (publi c or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages:
a. Genera l Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 00-01. Limits shall not be less than for the limits in the CFSA Hazardous/Nonhazardous Activities List which includes, but is not limited to, the following:
$5,000,000 per occurrence for Carnival Rides and for Freefall Attractions (elevated jumps involving airbags); $5,000,000 per occurrence for the following types of Motorized Events: automobile races, drifting exhibitions, truck rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows, figure 8 racing, stock car racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410 sprints, modified, super stock, mini- stock, dwarf cars, micro lights, enduro, pro stock; $3,000,000 per occurrence for the following types of Motorized Events: motorcycle racing, flat track motorcycle racing, arena-cross, freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower races; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events and for Swap Meets/Flea Markets held two or more times per calendar year; $2,000,000 per occurrence for the following Motorized events: car jumping contests/demonstrations of hydraulic modifications to automobiles; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types that require a DOSH permit to operate, and Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or coverage limitations, including sub-limits, that apply to the contractor/renter’s activities, or business to be conducted under the contract or rental agreement/lease, must be listed in the Certificate of Insurance. If there is a self-insured retention or deductible in the contractor/renter’s coverage equal to or in excess of $100,000, the self-insured retention/deductible amount shall be included as part of the Certificate of Insurance. A copy of the contractor/renter’s policy declaration page containing this information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it contains all the aforementioned information.
b. Automobile Liability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 00-01, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation - Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
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EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services. e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder:
• For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder. • For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of self- insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the c ontract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services
Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in eff ect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
2. Primary Coverage - The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
3. Contractor’s Responsibility - Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
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EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
III. Participant Waivers
1. For hazardous participant events (see subsection 4. below), the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter.
2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or for, hazardous participant events (see subsection 4. below) obtains a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events and provides a copy to the contr actor/renter.
3. The contractor/renter shall provide copies of all executed release and waiver of liability agreements required under subsections 1. and 2. above to the Fair at the end of the rental agreement.
4. Hazardous participant events include, but are not limited to, any event within the following broad categories:
Athletic Team Events; Equestrian-related Events; Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority, Risk Management Department at (916) 921 -2213 for further information and for CFSA Release and Waiver Form.
-End Exhibit E-
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EXHIBIT F – MEGAN’S LAW SCREENING CERTIFICATION
OC Fair & Event Center
This form must be completed legibly, with all information requested. Typewritten or computer-generated forms or reports may be substituted provided that: all required information is included in columnar form. The certification section must be signed by an authorized representative of the contractor.
Company/Organization Name: __________________________________________________________________
Contact Name: _______________________________ Contact Telephone: _____________________________
Type of Company/Organization Contractor Consultant Concessionaire (Circle one): Entertainer Exhibitor Volunteer
Other/Explanation if Needed: _________________________________________________________________
The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor, including, but not limited to, its agents, employees, subcontractors, and volunteers have been screened for sex offender registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform services on behalf of Contractor at or on OCFEC premises.
To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorney’s fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related t o the performance or nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification regardless of responsibility of negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even though claimed to be due to the negligence of the OCFEC. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its employees, or agents (excluding the Contractor, or any of its employees or agents).
The undersigned represents and warrants that he/she is fully authorized to execute this Megan’s Law Screening Certification on behalf of Contractor.
_______________________________________ ____________________________ Company/Organization Representative’s Signature Title of Representative
________________________________________ ____________________________ Printed Name Date
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
PROCEDURE FOR: Uniforms for Contractors and their Employees.
PPE (Personal Protective Equipment): Closed-toe shoes and steel toe work shoes/boots where appropriate and other PPE as required by task and OSHA guidelines.
Purpose: To ensure all OCFEC contractors, including employees, are wearing company approved uniforms when present in a working capacity at the OCFEC.
Procedure: 0004
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) shall wear their own company uniform at all times when working on OCFEC property, including without limitation, the Pacific Amphitheatre, The Hangar and Action Sports Arena.
2. A uniform can be a logo T-shirt, polo style shirt or full button-down shirt; if a jacket (or outerwear) is also required, the jacket must have the company logo on the front of the jacket. OCFEC will require pre-approval of the company uniform style and logo. The company logo must be highly visible and non-offensive in nature and at the discretion of OCFEC management.
3. If a Contractor wears a jacket (or outerwear), the required photo identification must remain visible at all times. (See OCFEC Contractor Photo Identification Procedure)
4. If any OCFEC Contractor is not in the approved attire, they may be asked to stop work until a reasonable solution can be found.
5. If any OCFEC Contractor violates OCFEC procedures, including this OCFEC Contractor Uniform Policy, OCFEC management will ask the Contractor to permanently replace that employee.
6. If any OCFEC Contractor continuously violates any OCFEC procedure, management may ask the Contractor to replace that employee until they are able to comply.
Responsibilities: All staff, Supervisors, Managers, Directors, Vice Presidents
Review: July 1, 2021 - Annually in January
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
PROCEDURE FOR: OCFEC Contractors and their Employees wearing identification in the Pacific Amphitheatre, back stage and on OCFEC property.
PPE (Personal Protective Equipment): Break-away OCFEC photo identification card lanyard.
Purpose: To ensure all contractors and their employees are properly wearing required identification.
Procedure: 0005
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) must wear OCFEC approved or supplied photo identification cards around their neck or in another highly visible area at all times while working for the OCFEC. (Note: an additional clip option is available due to work requirements).
2. The OCFEC department Director responsible for the work area will provide a complete list of all Contractors to badging trailer personnel. All Contractors must visit the OCFEC trailer to have their photograph taken and to be provided with their OCFEC photo identification card and a break-away lanyard (and/or clip if requested by the contractor)
3. The OCFEC department Director responsible for the work area will provide a copy of this OCFEC Contractor Photo Identification Procedure to all contractors to review and this OCFEC Contractor Photo Identification Procedure shall be incorporated as part of all OCFEC contracts.
4. Contractors may not access the backstage area of the Pacific Amphitheatre without a backstage pass, which must be pre-approved by the OCFEC department Director.
5. The Entertainment Director will gather names and develop a backstage pass list. The list will be evolving.
The full list, along with updates, will be shared with Pacific Amphitheatre back stage Security Manager for their information and use. All Pacific Amphitheatre backstage passes must be worn by the OCFEC Contractor as described above.
6. OCFEC Vice Presidents and the Chief Executive Officer may submit names for the assignment of a Pacific Amphitheatre backstage pass. Submission of names must be sent to the Entertainment Director for addition to the master list and for fulfillment.
7. OCFEC Department Directors may submit names for consideration for the assignment of a Pacific Amphitheatre backstage pass provided these people have a purpose for being there. Requests should be sent by Directors to their Vice President for approval and then onto to the Entertainment Director for fulfillment.
8. All Contractors must be courteous and cooperative when at any venue access point, entry, gate or if approached by Security/Law Enforcement for ID inspection.
9. Contractors will be allowed in the Pacific Amphitheatre backstage area only to perform job functions. Once the Contractor completes the Contractor’s job functions in the Pacific Amphitheatre backstage area, Contractor must immediately leave the area.
10. Contractors not properly wearing approved OCFEC identification will be asked to put their identification on. If they do not have their identification and their contractor status can be verified, they will be assigned a temporary pass. If their contractor status cannot be verified, they will be asked to leave property and only return with their approved identification.
11. If any OCFEC Contractor continuously violates any OCFEC procedure, management may ask the Contractor to replace that employee until they are able to comply.
Responsibilities: All staff, Supervisors, Managers, Directors, Vice Presidents
Review: July 1, 2021 - Annually in January
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
By signing this form, the bidder has read and understood OCFEC’s policies above, and is agreeing to follow all procedures.
____________________________________ ___________________________________ (Print Name & Title) (Signature)
____________________________________
(Date)
-End Exhibit G-
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EXHIBIT H – ADDITIONAL CONTRACT TERMS AND CONDITIONS
1. AUTHORIZED REPRESENTATIVE
Contractor must maintain one (1) or more English speaking representatives who are authorized to take immediate action and make requested adjustments and/or changes as required by District Management. This person must be identified to the District as the Contractor’s authorized representative.
2. LICENSES, PERMITS AND CERTIFICATIONS
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s), permits(s) and certification(s) required by law or as part of this contract for accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or certification(s) expire a t any time during the term of this contract, Contractor agrees to provide agency a copy of the renewed license(s), permit(s) or certification(s) within thirty (30) days following the expiration date In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and certification(s), the District may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
3. SITE ACCESS
District shall allow Contractor access to the District’s property as needed. If access is required during annual OC Fair hours, the District will provide necessary admission and parking credentials for the employees performing in service of the contract.
4. INSURANCE
Proof of insurance, meeting the requirements of the State (see Exhibit E) must be made available to the District within fifteen (15) days of contract award. Failure to do so could result in termination of said contract.
5. WORK PERMIT LAW
If Contractor employs youth under the age of eighteen (18) years, he/she is required by law to see that each such employee holds a valid work permit. Contractor is further required to adhere to all applicable child labor laws.
6. PERSONNEL
All Contractor employees are employees of the Contractor and not the District. No agent, servant or employee of the Contractor will under any circumstances be deemed an agent, servant or employee of the District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by Contractor in the performance of the contract shall be excluded from such performance on the grounds that his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by District Management shall be final.
7. POTENTIAL SUBCONTRACTORS/INDEPENDENT CONTRACTORS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any subcontractors/independent contractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor.
The Contractor’s obligation to pay its subcontractors/independent contractors is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
Subcontracting of goods or services must be approved in writing by the District.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
8. SUPPLIERS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any suppliers.
The Contractor agrees to be as fully responsible to the District for the acts and omissions of its suppliers and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its suppliers is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any supplier.
9. TRAVEL, TRANSPORTATION AND ACCOMMODATIONS
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodations.
10. INVOICES
Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District -issued Purchase Order (PO) number, detailed work logs and hours by Service Type for the labor required to fulfill these services.
Contractor shall send invoices and any supporting documentation via email to [email protected] (the District’s preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa Mesa, CA 92626.
Upon contract award and throughout the duration of the contract, Contractor shall work with the District to ensure invoicing needs are continually met.
11. PAYMENT
Payments to the Contractor will be made by the 32 nd District Agricultural Association and paid in full within 30 days upon satisfactory completion of each event and receipt of proper invoice.
12. PRICING/FINANCIAL PROPOSAL BID FORM
The Financial Proposal Bid Form will be used to develop the “not to exceed” amount of the contract. The estimated quantities provided are based upon historical experience and anticipated future needs, and may change depending upon actual needs/usage. Billing/invoicing will be determined by multiplying actual usage by the Service Type rate as entered on the Financial Proposal Bid Form.
The District may elect to add a contingency line item to accommodate specifications within the scope of the effort, if approved by the District, during the implementation of this contract.
13. MEGAN’S LAW SCREENING
All of Contractor’s employees, agents, servants, volunteers, independent contractors and/or employees, agents, servants, volunteers, independent contractors of Contractor’s subcontractors who will be performing job related duties on District premises must pass background checks under “Megan’s Law” as required by the District’s current Megan’s Law policy (and as that policy may be amended by the District from time to time), and any other reasonable background checks that may be required by the District as a result of policies adopted by the District’s Board of Directors.
Contractor will certify in writing that they have conducted the required screening and will indemnify the District for any negligence arising out of or connected with their obligations pertaining to the required screening. Contractor shall not be held liable for the lack of or inaccuracies in reporting made available by the states. A full, true and correct copy of the District’s current Megan’s Law policy is attached.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
14. RIGHT TO REPLACE/DISMISS
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor or of Contractor’s permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance or condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to correct the behavior, performance or condition giving rise to the notification described herein, the District may demand that Contractor (or Contractor’s subcontractor, as the ca se may be) cease using said employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will promptly comply with such request. If the District requests replacement of onsite personnel or any of its members, Con tractor must furnish a replacement immediately or as otherwise determined necessary by the District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s employees or of Contractor’s subcontractor’s employ ees. The District retains the right to review the resumes of all Contractor personnel and confirm compliance.
15. GRATUITIES
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32 nd District Agricultural Association, as employees and officers are not permitted to accept them under any circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any gifts. This includes cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of the employee and a performance violation notice issued to the Contractor.
16. EVALUATION OF CONTRACTOR PERFORMANCE
Contractor will be evaluated on their performance, including, but not limited to, Contractor’s record of conforming to contract requirements and to standards of good workmanship; Contractor’s record of forecasting and controlling costs; Contractor’s adherence to contract schedules, including the administrative aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; Contractor’s record of integrity and business ethics, and generally, Contractor’s business-like concern for the interest of the District and its customers.
Contractor shall work with District staff to ensure contract compliance, whether by phone, email or in-person meetings, as determined necessary by the District. The District retains the right to notify Contractor of any performance issues at any time for the duration of the contract term. Notification will be provided in writing to Contractor, whereupon Contractor shall have five (5) days to respond to the District’s request for compliance. Unless mutually agreed upon otherwise, performance issues shall be corrected within fifteen (15) days of District’s notification to Contractor.
Failure to supply equipment and/or personnel as required may result in a notice of default and/or an adjustment to the fees charged for equipment and/or labor.
Contractor may be disqualified from potential bidding opportunities if the District deems Contractor as unresponsive to repeated requests for corrective action.
17. NON-EXCLUSIVE AGREEMENT
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other contractors for work of a similar or identical nature.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
18. TERMINATION
The District reserves the right to terminate any contract at any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the contract.
19. FORCE MAJEURE
If as a result of any Act of God, war, epidemic, accident, fire, violent weather or weather related disaster, strike, lock- out, or other labor controversy, riot, civil disturbance, act of Public enemy, law enactment, rule, restraint, order, or act of any governmental instrumentality or military authority, failure of technical facilities, failure, delay or reduction in transportation services, fire, explosion, or other cause not reasonably within either Party’s control and which renders either party’s performance impossible, infeasible, or unsafe (“Force Majeure Event”), then either party may cancel this agreement and neither party shall have any further liabilities and/or obligations in connection with this agreement.
20. PHONE NUMBERS
Contractor shall provide the District with phone numbers for their authorized representative(s) and with a 24-hour “On Call” phone number for emergencies.
21. VEHICLES, EQUIPMENT AND SUPPLIES
All vehicles and equipment such as utility carts, trucks, trailers, vans, boom lifts, scissor lifts, pressure washers, back pack blowers, hand trucks, brooms, hoses and pickers and all cleaning supplies such as stripper, detergents, sanitizers, air fresheners and other chemicals shall be owned and/or provided by Contractor. The District will provide consumable paper products, waste receptacles and plastic waste receptacle liners. All vehicles and equipment will be clearly marked with Contractor’s company name and/or logo. Equipment shall be in proper operating condition with all guards in place. No equipment shall be left unattended. Equipment and supplies must be stored in designated areas agreed upon by the District. All Safety Data Sheets (SDS) for all chemical-cleaning products used must be on-site accessible by the District, per Global Harmonization System (GHS). Contractor shall take all necessary safety precautions when using vehicles, equipment and cleaning products. Drivers of all vehicles and equipment shall possess a valid driver license and be 18 years of age or older. Street sweepers should be South Coast Air Quality Management District Rule 1186 certified and Rule 1186.1 compliant and no older than 2 years. Contractor shall furnish all necessary labor, supervision, equipment, tools, materials (excluding dumpsters), permits, transportation and insurance in the performance of these specifications.
22. VEHICLE UTILITY CARTS
Contractor may provide utility carts for employees, if necessary, to complete Scope of Work. Carts are not permitted to park in front of buildings or in pathways blocking pedestrian access points. Drivers shall possess a valid driver’s license and be 18 years of age or older and abide by all applicable local, State and Federal laws related to cart safety. Weather protection of equipment is the responsibility of the Contractor.
23. VENUE CLEAN-UP
a. Contractor is to keep job site clean daily and upon project completion. b. Contractor shall sweep and blow all debris daily and upon project completion. c. Contractor will dump all green waste in the provided 40 yard dumpster on OCFEC grounds. d. Do not dispose of any construction material or project waste on OCFEC grounds or in OCFEC containers. e. Contractor is to keep all compound and chemicals out of storm drains & sewers. f. Contractor will protect ground surfaces from oil and other leaks that may come from service trucks.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
24. PERSONNEL POLICY
All Contractor employees must receive an orientation on the duties they will be required to perform, safety training to ensure employees working with chemicals are familiar with SDS per GHS and harassment training (prior to working). In addition, ongoing customer service training will be required during the term of this contract to educate current employees and new hires. Contractor is required to supply all required training and a schedule of planned training shall be provided to the District at the beginning of every quarter in January, April, July and October. All employees will be issued an OC Fair & Event Center “Contractor” photo identification badge annually.
Identification badges must be worn at all times while on the property; when entering and while working on the grounds. Badges will have the name visible and worn on the upper right or left torso. All badges must be returned from terminated employees. All other employee badges must be returned on Friday following the end of the OC Fair. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
25. UNIFORMS AND BADGES
Contractor’s employees shall be at all times neatly and cleanly uniformed and must meet reasonable prescribed grooming guidelines and appearance standards.
The District requires Contractor’s employees to wear badges, identification cards, and/or credentials in a clearly visible location (per attached procedure) while Contractor’s employees are on the District’s premises. Contractor personnel will be issued an OC Fair & Event Center “Contractor” photo identification badge annually. Identification badges must be worn at all times while on the property, when entering and while working on the grounds. Badges shall have the name visible and worn on the upper right or left torso. Badges are specific to each person and are non-transferable. All badges must be returned from terminated employees. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
26. SUBCONTRACTING
Subcontracting of goods or services must be approved in writing, by the District.
27. FIRE REGULATIONS
All fire regulations as prescribed by the State Fire Marshal must be strictly adhered to.
-End Exhibit H-
ATTACHMENT - 1
206
STATE OF CALIFORNIA
STANDARD AGREEMENT R_____ A__ ___ F_____
STD 213 (Rev. 03/2019)
AGREEMENT NUMBER
SA
-
1 0
2 -
22 YR
PURCHASING NUMBER
(if applicable)
1. This
Agreement is entered into between the Contracting Agency and the Contractor named below :
CONTRACTING AGENCY NAME
32 ND
DISTRICT AGRICULTURAL ASSOCIATION / OC FAIR & EVENT CENTER
CONTRACTOR NAME
CITY OF COSTA MESA
2. The term of this
07/
01 /2022
through
0 6
/
30 /2022
FED ID:
95 -
6005030
Agreement is:
3. The maximum amount
of this Agreement is:
$
100
,000.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the
Agreement.
Exhibit A
–
Scope of Work
–
To provide
traffic management
for
year
-
round
events at the
OC Fair
Page
2 Exhibit B
–
Budget Detail and Payment Provisions (Attached hereto as part of this agreement)
Page
s
3 -
4 Exhibit C
–
General Terms and Conditions (Attached hereto as part of this agreement)
Pages
5 -
8 Exhibit D
–
Special Terms and Conditions
–
CCC (Attached hereto as part of this agreement)
Pages
9 -
1 2
Exhibit E
–
Insurance
Requirements (
Attached hereto as part of this agreement)
Pages 1
3 -
1 5
Exhibit F
–
OCFEC Megan’s Law Screening & Certification Form (Attached hereto as part of this agreement)
Pages 1
6 Exhibit G
–
OCFEC
Procedures (
Attached hereto as part of this
agreement)
Pages
1 7
-
19 Exhibit H
–
Additional Contract Terms & Conditions (Attached hereto as part of this agreement)
Pages 2
0 2
4 Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
California Department of General
Services Use Only
CONTRACTOR NAME
(if other than an individual, state whether a corporation, partnership, etc.)
CITY OF COSTA MESA
CONTRACTOR AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Lori Ann Farrell Harrison, City Manager
CONTRACTOR BUSINESS ADDRESS
P.O Box 1200, Costa Mesa, CA 92626
STATE OF CALIFORNIA
CONTRACTING AGENCY
NAME
32 ND
District Agricultural Association/OC Fair & Event Center
AUTHORIZED SIGNATURE
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Michele Richards, Chief Executive
Officer
Exempt per:
CONTRACTING AGENCY ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
mar
KK
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EXHIBIT A – SCOPE OF WORK
CONTRACT REPRESENTATIVES
32ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER Nick Buffa, Director
Phone Number (714) 708-1577
Costa Mesa Police Department
Ron Lawrence, Chief of Police
Phone Number (714) 754-5117
CONTRACTOR AGREES:
1. To provide and coordinate traffic management service during designated Year-Round Events at the OC Fair & Event Center.
2. To provide traffic management personnel for large-scale events, where there is a high volume of automobile and/or pedestrian traffic.
3. To control or “pickle” traffic lights in unison with the efforts of the District’s Parking Department.
4. To close City streets in unison with the efforts of the District’s Parking Department. Contractor to update signage boards to reflect street closures and directional information in conjunction with the District’s Parking Department.
5. The dates, times and number of police personnel required will be mutually determined by the Costa Mesa Police Department and District Management.
6. To submit invoice to District for services performed during year-round events no later than thirty (30) days after conclusion of event.
7. Invoicing shall include the event name for which services were rendered as well as employee names, shift start/end time, hours worked, employee’s hourly rate and post-event summary report of field operations, including a description of services performed.
8. Both Parties reserve the right to terminate this Agreement, at any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations, and/or performances required in the terms of the contract.
DISTRICT AGREES:
1. To notify Contractor in advance of requested services.
2. Contractor to be paid according to Costa Mesa Police Department fee schedule in Exhibit B, total amount not to exceed One Hundred Thousand Dollars and 00/100 ($100,000.00). Notwithstanding the foregoing, if Contractor’s compensation reaches $75,000 prior to the end of the term of this Agreement, District and Contractor will meet and confer to determine whether an increase in the total compensation is needed to cover Contractor’s services for the remainder of the term of this Agreement. If such increase is needed, District and Contractor will negotiate in good faith to determine the amount of such increase and enter into a written amendment to this Agreement to reflect such increased amount. If District and Contractor do not agree upon an increased compensation amount and Contractor’s compensation reaches $100,000, Contractor shall cease providing services until such time as the total compensation is increased as appropriate to compensate Contractor for services required for the remainder of the term.
3. Payment will be made no more than thirty (30) days after satisfactory completion of work herein required and upon receipt of proper invoice.
-End Exhibit A-
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5102-30
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper invoice.
Invoices shall include the date on which services were rendered as well as employee names, shift start and end time, hours worked and employee’s hourly rate, and contain the District’s Purchase Order number 50864. Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center
Attn: Accounts Payable
88 Fair Drive
Costa Mesa, CA 92626
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EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS (CONT.)
PAYMENT RATES:
-End Exhibit B-
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EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 04/2017
1. APPROVAL:
This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT:
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT:
This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT:
Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION:
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32nd District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, and employees from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from, or in any way related to Contractor’s performance or nonperformance of this Agreement however caused or alleged to have been caused.
To the fullest extent permitted by law, the District shall defend, indemnify, and hold harmless the City of Costa Mesa, its elected officials, officers, agents, employees, and volunteers from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys’ fees, expert fees, and costs of suit), arising from or in any way related to District’s performance or nonperformance of this Agreement, however caused or alleged to have been caused.
Notwithstanding the foregoing, neither District nor Contractor shall be liable for the defense or indemnification of the other party for claims, causes of action, complaints, or suits arising out of the sole active negligence or willful misconduct of the other party, its respective officers, agents, and/or employees.
6. DISPUTES:
Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE:
The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State.
8. INDEPENDENT CONTRACTOR:
Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
9. RECYCLING CERTIFICATION:
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post- consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.
Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES:
The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS:
Time is of the essence in this Agreement.
13. COMPENSATION:
The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW:
This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS:
The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
ii "Public purchasing body" means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT:
For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION:
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS:
If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
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EXHIBIT C – GENERAL TERMS AND CONDITIONS (CONT.)
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated:
It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC 04/2017 / CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE:
Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS:
Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov.
Code §8350 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:
Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS:
Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweat free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY:
For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION:
Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT:
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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EXHIBIT D – SPECIAL TERMS AND CONDITIONS (CONT.)
4. CONTRACTOR NAME CHANGE:
An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION:
Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all contractors that are not another state agency or other governmental entity.
-End Exhibit D-
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EXHIBIT E – INSURANCE REQUIREMENTS
California Fair Services Authority #22-01
I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, the California Fair Services Authority, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non -profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: "That the State of California, the California Fair Services Authority, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/ Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non -profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events , the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages:
a. Genera l Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 00-01. Limits shall not be less than for the limits in the CFSA Hazardous/Nonhazardous Activities List which includes, but is not limited to, the following :
$5,000,000 per occurrence for Carnival Rides and for Freefall Attractions (elevated jumps involving airbags); $5,000,000 per occurrence for the following types of Motorized Events: automobile races, drifting exhibitions, truck rodeos, tractor/truck pulls, destruction derbies, RV destruction derbies, mud bogs, mud racing, car crunches, monster truck shows, automobile thrill shows, figure 8 racing, stock car racing, tuff trucks, boat races, autocross, dirt racing, oval track, sprint cars/410 sprints, modified, super stock, mini - stock, dwarf cars, micro lights, enduro, pro stock; $3,000,000 per occurrence for the following types of Motorized Events: motorcycle racing, flat track motorcycle racing, arena-cross, freestyle motocross, motorcycle thrill shows and stunt teams, ATV, sand drags, go karts, snowmobile races, quarter midget races, golf cart races, Redneck Roundup (ATVs), lawnmower races; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events and for Swap Meets/Flea Markets held two or more times per calendar year; $2,000,000 per occurrence for the following Motorized events: car jumping contests/demonstrations of hydraulic modifications to automobiles; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types that require a DOSH permit to operate, and Simulators; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
The Certificate of Insurance shall list the applicable policy forms, including endorsements. Any exclusions or coverage limitations, including sub-limits, that apply to the contractor/renter’s activities, or business to be conducted under the contract or rental agreement/lease, must be listed in the Certificate of I nsurance. If there is a self-insured retention or deductible in the contractor/renter’s coverage equal to or in excess of $100,000, the self-insured retention/deductible amount shall be included as part of the Certificate of Insurance. A copy of the contractor/renter’s policy declaration page containing this information as an attachment/exhibit to the Certificate of Insurance will be acceptable, provided it contains all the aforementioned information.
b. Automobile Liability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 00-01, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation - Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
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EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services. e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000 per occurrence s hall be maintained for contracts involving the sale of alcoholic beverages.
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder:
• For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder. • For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured: The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with California Fair Services Authority (CFSA).
OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of self-insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services
Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
2. Primary Coverage - The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
3. Contractor’s Responsibility - Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
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EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
III. Participant Waivers
1. For hazardous participant events (see subsection 4. below), the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter.
2. Contractor/renter shall ensure that any party renting space from the contractor/renter with, or for, hazardous participant events (see subsection 4. below) obtains a properly executed release and waiver of li ability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events and provides a copy to the contractor/renter.
3. The contractor/renter shall provide copies of all executed release and waiver of liability agreements required under subsections 1. and 2. above to the Fair at the end of the rental agreement.
4. Hazardous participant events include, but are not limited to, any event within the follow ing broad categories:
Athletic Team Events; Equestrian-related Events; Extreme Attractions; Freefall Attractions; Mechanical Bulls; Simulators; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority, Risk Management Department at (916) 921 -2213 for further information and for CFSA Release and Waiver Form.
-End Exhibit E-
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EXHIBIT F – MEGAN’S LAW SCREENING CERTIFICATION
OC Fair & Event Center
This form must be completed legibly, with all information requested. Typewritten or computer -generated forms or reports may be substituted provided that: all required information is included in columnar form. The certification section must be signed by an authorized representative of the contractor.
Company/Organization Name: __________________________________________________________________
Contact Name: _______________________________ Contact Telephone:_____________________________
Type of Company/Organization Contractor Consultant Concessionaire (Circle one): Entertainer Exhibitor Volunteer
Other/Explanation if Needed: _________________________________________________________________
The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor, including, but not limited to, its agents , employees, subcontractors, and volunteers have been screened for sex offender registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform services on behalf of Contractor at or on OCFEC premises.
To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorney’s fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification regardless of responsibility of negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even though claimed to be due to the negligence of the OCF EC. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its employees, or agents (excluding the Contractor, or any of its employees or agents).
The undersigned represents and warrants that he/she is fully authorized to execute this Megan’s Law Screening Certification on behalf of Contractor.
_______________________________________ ____________________________ Company/Organization Representative’s Signature Title of Representative
________________________________________ ____________________________ Printed Name Date
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
PROCEDURE FOR: Uniforms for Contractors and their Employees.
PPE (Personal Protective Equipment): Closed-toe shoes and steel toe work shoes/boots where appropriate and other PPE as required by task and OSHA guidelines.
Purpose: To ensure all OCFEC contractors, including employees, are wearing company approved uniforms when present in a working capacity at the OCFEC.
Procedure: 0004
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) shall wear their own company uniform at all times when working on OCFEC property, including without limitation, the Pacific Amphitheatre, The Hangar and Action Sports Arena.
2. A uniform can be a logo T-shirt, polo style shirt or full button-down shirt; if a jacket (or outerwear) is also required, the jacket must have the company logo on the front of the jacket. OCFEC will require pre-approval of the company uniform style and logo. The company logo must be highly visible and non-offensive in nature and at the discretion of OCFEC management.
3. If a Contractor wears a jacket (or outerwear), the required photo identification must remain visible at all times. (see OCFEC Contractor Photo Identification Procedure)
4. If any OCFEC Contractor is not in the approved attire, they may be asked to stop work until a reasonable solution can be found.
5. If any OCFEC Contractor violates OCFEC procedures, including this OCFEC Contractor Uniform Policy, OCFEC management will ask the Contractor to permanently replace that employee.
6. If any OCFEC Contractor continuously violates any OCFEC procedure, management may ask the Contractor to replace that employee until they are able to comply.
Responsibilities: All staff, Supervisors, Managers, Directors, Vice Presidents
Review: July 1, 2021 - Annually in January
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
PROCEDURE FOR: OCFEC Contractors and their Employees wearing identification in the Pacific Amphitheatre, back stage and on OCFEC property.
PPE (Personal Protective Equipment): Break-away OCFEC photo identification card lanyard.
Purpose: To ensure all contractors and their employees are properly wearing required identification.
Procedure: 0005
1. Each OCFEC contractor and its respective employees (collectively, “Contractor”) must wear OCFEC approved or supplied photo identification cards around their neck or in another highly visible area at all times while working for the OCFEC. (Note: an additional clip option is available due to work requirements).
2. The OCFEC department Director responsible for the work area will provide a complete list of all Contractors to badging trailer personnel. All Contractors must visit the OCFEC trailer to have their photograph taken and to be provided with their OCFEC photo identification card and a break-away lanyard (and/or clip if requested by the contractor)
3. The OCFEC department Director responsible for the work area will provide a copy of this OCFEC Contractor Photo Identification Procedure to all contractors to review and this OCFEC Contractor Photo Identification Procedure shall be incorporated as part of all OCFEC contracts.
4. Contractors may not access the backstage area of the Pacific Amphitheatre without a backstage pass, which must be pre-approved by the OCFEC department Director.
5. The Entertainment Director will gather names and develop a backstage pass list. The list will be evolving.
The full list, along with updates, will be shared with Pacific Amphitheatre back stage Security Manager for their information and use. All Pacific Amphitheatre backstage passes must be worn by the OCFEC Contractor as described above.
6. OCFEC Vice Presidents and the Chief Executive Officer may submit names for the assignment of a Pacific Amphitheatre backstage pass. Submission of names must be sent to the Entertainment Director for addition to the master list and for fulfillment.
7. OCFEC Department Directors may submit names for consideration for the assignment of a Pacific Amphitheatre backstage pass provided these people have a purpose for being there. Requests should be sent by Directors to their Vice President for approval and then onto to the Entertainment Director for fulfillment.
8. All Contractors must be courteous and cooperative when at any venue access point, entry, gate or if approached by Security/Law Enforcement for ID inspection.
9. Contractors will be allowed in the Pacific Amphitheatre backstage area only to perform job functions. Once the Contractor completes the Contractor’s job functions in the Pacific Amphitheatre backstage area, Contractor must immediately leave the area.
10. Contractors not properly wearing approved OCFEC identification will be asked to put their identification on. If they do not have their identification and their contractor status can be verified, they will be assigned a temporary pass. If their contractor status cannot be verified, they will be asked to leave property and only return with their approved identification.
11. If any OCFEC Contractor continuously violates any OCFEC procedure, management may ask the Contractor to replace that employee until they are able to comply.
Responsibilities: All staff, Supervisors, Managers, Directors, Vice Presidents
Review: July 1, 2021 - Annually in January
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EXHIBIT G – UNIFORM AND ID PROCEDURES & CERTIFICATION
By signing this form, the bidder has read and understood OCFEC’s policies above, and is agreeing to follow all procedures.
____________________________________ ___________________________________ (Print Name & Title) (Signature)
____________________________________
(Date)
-End Exhibit G-
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EXHIBIT H – ADDITIONAL CONTRACT TERMS AND CONDITIONS
1. AUTHORIZED REPRESENTATIVE
Contractor must maintain one (1) or more English speaking representatives who are authorized to take immediate action and make requested adjustments and/or changes as required by District Management. This person must be identified to the District as the Contractor’s authorized representative.
2. LICENSES, PERMITS AND CERTIFICATIONS
Contractor shall be an individual or firm licensed to do business in California and shall obtain at his/her expense all license(s), permits(s) and certification(s) required by law or as part of this contract for accomplishing any work required in connection with this agreement. In the event any license(s), permit(s) or certification(s) expire at any time during the term of this contrac t, Contractor agrees to provide agency a copy of the renewed license(s), permit(s) or certification(s) within thirty (30) days following the expiration date In the event the Contractor fails to keep in effect at all times all required license(s), permit(s), and certification(s), the District may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.
3. SITE ACCESS
District shall allow Contractor access to the District’s property as needed. If access is required during annual OC Fair hours, the District will provide necessary admission and parking credentials for the employees performing in service of the contract.
4. INSURANCE
Proof of insurance, meeting the requirements of the State (see Exhibit E) must be made available to the District within fifteen (15) days of contract award. Failure to do so could result in termination of said contract.
5. WORK PERMIT LAW
If Contractor employs youth under the age of eighteen (18) years, he/she is required by law to see that each such employee holds a valid work permit. Contractor is further required to adhere to all applicable child labor laws.
6. PERSONNEL
All Contractor employees are employees of the Contractor and not the District. No agent, servant or employee of the Contractor will under any circumstances be deemed an agent, servant or employee of the District.
The District reserves the sole absolute right to determine, at its discretion, that any person or agent used by Contractor in the performance of the contract shall be excluded from such performance on the grounds that his or her appearance or conduct is detrimental to the District’s operation. Determination of these matters by District Management shall be final.
7. POTENTIAL SUBCONTRACTORS/INDEPENDENT CONTRACTORS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any subcontractors/independent contractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations contained herein. The Contractor agrees to be as fully responsible to the District for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor.
The Contractor’s obligation to pay its subcontractors/independent contractors is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any subcontractor/independent contractor.
Subcontracting of goods or services must be approved in writing by the District.
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EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
8. SUPPLIERS
Nothing contained in the ensuing Agreement or otherwise shall create any contractual relation between the District and any suppliers.
The Contractor agrees to be as fully responsible to the District for the acts and omissions of its suppliers and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor’s obligation to pay its suppliers is an independent obligation from the District’s obligation to make payments to the Contractor. As a result, the District shall have no obligation to pay or to enforce the payment of any monies to any supplier.
9. TRAVEL, TRANSPORTATION AND ACCOMMODATIONS
Contractor is responsible for all necessary travel, fuel, transportation and housing accommodations.
10. INVOICES
Invoices shall be submitted upon completion of services rendered to the District.
All invoices must contain Contractor’s invoice number, District -issued Purchase Order (PO) number, detailed work logs and hours by Service Type for the labor required to fulfill these services.
Contractor shall send invoices and any supporting documentation via email to [email protected] (the District’s preferred mechanism) or mail to OC Fair & Event Center, Attn: Accounts Payable, 88 Fair Drive, Costa Mesa, CA 92626.
Upon contract award and throughout the duration of the contract, Contractor shall work with the District to ensure invoicing needs are continually met.
11. PAYMENT
Payments to the Contractor will be made by the 32 nd District Agricultural Association and paid in full within 30 days upon satisfactory completion of each event and receipt of proper invoice.
12. PRICING/FINANCIAL PROPOSAL BID FORM
The Financial Proposal Bid Form will be used to develop the “not to exceed” amount of the contract. The estimated quantities provided are based upon historical experience and anticipated future needs, and may change depending upon actual needs/usage. Billing/invoicing will be determined by multiplying actual usage by the Service Type rate as entered on the Financial Proposal Bid Form.
The District may elect to add a contingency line item to accommodate specifications within the scope of the effort, if approved by the District, during the implementation of this contract.
13. MEGAN’S LAW SCREENING
All of Contractor’s employees, agents, servants, volunteers, independent contractors and/or employees, agents, servants, volunteers, independent contractors of Contractor’s subcontractors who will be performing job related duties on District premises must pass background checks under “Megan’s Law” as required by the District’s current Megan’s Law policy (and as that policy may be amended by the District from time to time), and any other reasonable background checks that may be required by the District as a result of policies adopted by the District’s Board of Directors.
Contractor will certify in writing that they have conducted the required screening and will indemnify the District for any negligence arising out of or connected with their obligations pertaining to the required screening. Contractor shall not be held liable for the lack of or inaccuracies in reporting made available by the states. A full, true and correct copy of the District’s current Megan’s Law policy is attached.
ATTACHMENT - 2 227
CITY OF COSTA MESA
SA-102-22YR
PAGE 22 of 24
EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
14. RIGHT TO REPLACE/DISMISS
Contractor’s onsite personnel are subject to approval of the District during the entire term of contracted services. The District has the right, in accordance with applicable law, to require replacement of Contractor’s onsite personnel or any member of Contractor’s onsite personnel.
If at any time the District determines that any employee, agent or officer of Contractor or of Contractor’s permitted subcontractors, is in violation of District policies regarding harassment, discrimination or offensive behavior or Megan’s Law, or fails to meet the District’s safety and customer service standards, the District may notify Contractor verbally and/or in writing. Contractor will promptly correct the behavior, performance or condition giving rise to the notification described herein to the satisfaction of the District. If Contractor fails to correct the behavior, performance or condition giving rise to the notification described herein, the District may demand that Contractor (or Contractor’s subcontractor, as the ca se may be) cease using said employee at the District’s facilities and Contractor (or Contractor’s subcontractor, as the case may be) will promptly comply with such request. If the District requests replacement of onsite personnel or any of its members, Con tractor must furnish a replacement immediately or as otherwise determined necessary by the District. Nothing contained in this paragraph shall obligate the District to monitor the behavior of Contractor’s employees or of Contractor’s subcontractor’s employ ees. The District retains the right to review the resumes of all Contractor personnel and confirm compliance.
15. GRATUITIES
Contractor is prohibited from offering any gift or gratuity to employees and/or officers of the 32 nd District Agricultural Association, as employees and officers are not permitted to accept them under any circumstances. Contractor and/or Contractor’s employees shall not solicit or accept any gifts. This includes cash, tickets, food, drinks, merchandise or any other items from District staff, promoters and/or vendors to perform the functions detailed in this agreement. Any violations of this policy may result in the dismissal of the employee and a performance violation notice issued to the Contractor.
16. EVALUATION OF CONTRACTOR PERFORMANCE
Contractor will be evaluated on their performance, including, but not limited to, Contractor’s record of conforming to contract requirements and to standards of good workmanship; Contractor’s record of forecasting and controlling costs; Contractor’s adherence to contract schedules, including the administrative aspects of performance; Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; Contractor’s record of integrity and business ethics, and generally, Contractor’s business-like concern for the interest of the District and its customers.
Contractor shall work with District staff to ensure contract compliance, whether by phone, email or in-person meetings, as determined necessary by the District. The District retains the right to notify Contractor of any performance issues at any time for the duration of the contract term. Notification will be provided in writing to Contractor, whereupon Contractor shall have five (5) days to respond to the District’s request for compliance. Unless mutually agreed upon otherwise, performance issues shall be corrected within fifteen (15) days of District’s notification to Contractor.
Failure to supply equipment and/or personnel as required may result in a notice of default and/or an adjustment to the fees charged for equipment and/or labor.
Contractor may be disqualified from potential bidding opportunities if the District deems Contractor as unresponsive to repeated requests for corrective action.
17. NON-EXCLUSIVE AGREEMENT
Contractor understands and agrees that this is a non-exclusive agreement. The District may hire other contractors for work of a similar or identical nature.
ATTACHMENT - 2 228
CITY OF COSTA MESA
SA-102-22YR
PAGE 23 of 24
EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
18. TERMINATION
The District reserves the right to terminate any contract at any time with or without cause by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the contract.
19. FORCE MAJEURE
If as a result of any Act of God, war, epidemic, accident, fire, violent weather or weather related disaster, strike, lock- out, or other labor controversy, riot, civil disturbance, act of Public enemy, law enactment, rule, restraint, order, or act of any governmental instrumentality or military authority, failure of technical facilities, failure, delay or reduction in transportation services, fire, explosion, or other cause not reasonably within either Party’s control and which renders either party’s performance impossible, infeasible, or unsafe (“Force Majeure Event”), then either party may cancel this agreement and neither party shall have any further liabilities and/or obligations in connection with this agreement.
20. PHONE NUMBERS
Contractor shall provide the District with phone numbers for their authorized representative(s) and with a 24-hour “On Call” phone number for emergencies.
21. VEHICLES, EQUIPMENT AND SUPPLIES
All vehicles and equipment such as utility carts, trucks, trailers, vans, boom lifts, scissor lifts, pressure washers, back pack blowers, hand trucks, brooms, hoses and pickers and all cleaning supplies such as stripper, detergents, sanitizers, air fresheners and other chemicals shall be owned and/or provided by Contractor. The District will provide consumable paper products, waste receptacles and plastic waste receptacle liners. All vehicles and equipment will be clearly marked with Contractor’s company name and/or logo. Equipment shall be in proper operating condition with all guards in place. No equipment shall be left unattended. Equipment and supplies must be stored in designated areas agreed upon by the District. All Safety Data Sheets (SDS) for all chemical-cleaning products used must be on-site accessible by the District, per Global Harmonization System (GHS). Contractor shall take all necessary safety precautions when using vehicles, equipment and cleaning products. Drivers of all vehicles and equipment shall possess a valid driver license and be 18 years of age or older. Street sweepers should be South Coast Air Quality Management District Rule 1186 certified and Rule 1186.1 compliant and no older than 2 years. Contractor shall furnish all necessary labor, supervision, equipment, tools, materials (excluding dumpsters), permits, transportation and insurance in the performance of these specifications.
22. VEHICLE UTILITY CARTS
Contractor may provide utility carts for employees, if necessary, to complete Scope of Work. Carts are not permitted to park in front of buildings or in pathways blocking pedestrian access points. Drivers shall possess a valid driver’s license and be 18 years of age or older and abide by all applicable local, State and Federal laws related to cart safety. Weather protection of equipment is the responsibility of the Contractor.
23. VENUE CLEAN-UP
a. Contractor is to keep job site clean daily and upon project completion. b. Contractor shall sweep and blow all debris daily and upon project completion. c. Contractor will dump all green waste in the provided 40 yard dumpster on OCFEC grounds. d. Do not dispose of any construction material or project waste on OCFEC grounds or in OCFEC containers. e. Contractor is to keep all compound and chemicals out of storm drains & sewers. f. Contractor will protect ground surfaces from oil and other leaks that may come from service trucks.
ATTACHMENT - 2 229
CITY OF COSTA MESA
SA-102-22YR
PAGE 24 of 24
EXHIBIT H - ADDITIONAL CONTRACT TERMS & CONDITIONS (CONT.)
24. PERSONNEL POLICY
All Contractor employees must receive an orientation on the duties they will be required to perform, safety training to ensure employees working with chemicals are familiar with SDS per GHS and harassment training (prior to working). In addition, ongoing customer service training will be required during the term of this contract to educate current employees and new hires. Contractor is required to supply all required training and a schedule of planned training shall be provided to the District at the beginning of every quarter in January, April, July and October. All employees will be issued an OC Fair & Event Center “Contractor” photo identification badge annually.
Identification badges must be worn at all times while on the property; when entering and while working on the grounds. Badges will have the name visible and worn on the upper right or left torso. All badges must be returned from terminated employees. All other employee badges must be returned on Friday following the end of the OC Fair. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
25. UNIFORMS AND BADGES
Contractor’s employees shall be at all times neatly and cleanly uniformed and must meet reasonable prescribed grooming guidelines and appearance standards.
The District requires Contractor’s employees to wear badges, identification cards, and/or credentials in a clearly visible location (per attached procedure) while Contractor’s employees are on the District’s premises. Contractor personnel will be issued an OC Fair & Event Center “Contractor” photo identification badge annually. Identification badges must be worn at all times while on the property, when entering and while working on the grounds. Badges shall have the name visible and worn on the upper right or left torso. Badges are specific to each person and are non-transferable. All badges must be returned from terminated employees. All employees must abide by the rules and regulations stated in the Employee Handbook provided by the District.
26. SUBCONTRACTING
Subcontracting of goods or services must be approved in writing, by the District.
27. FIRE REGULATIONS
All fire regulations as prescribed by the State Fire Marshal must be strictly adhered to.
-End Exhibit H-
ATTACHMENT - 2
230
Other City Positions
Straight
Time 1
Special
Event
Overtime
Rate 2 Fire/Police Positions
Straight
Time 1
Special
Event
Overtime
Rate 2
Animal Control Officer $46 $57 Battalion Chief $112 $161 Assistant Engineer $58 $72 Fire Captain $87 $125
Associate Engineer $73 $90 Fire Engineer $75 $108
Chief Plans Examiner $82 $102 Fire Fighter - Paramedic $73 $104 Code Enforcement Officer $45 $56 Fire Fighter $65 $93
Combination Building Inspector $63 $78 Police Lieutenant $112 $160 Communications Officer $52 $64 Police Sergeant (Motorcycle) $88 $126 Communications Supervisor $60 $74 Police Sergeant $84 $120 Community Services Specialist $39 $48 Sr Police Officer (Motorcycle) $79 $113 Construction Inspector $49 $61 Sr Police Officer $76 $108 Crime Prevention Specialist $46 $56 Police Officer (K9) $70 $101 Crime Scene Specialist $47 $58 Police Officer (Motorcycle) $72 $103 Equipment Mechanic II $41 $51 Police Officer $69 $98
Equipment Mechanic III $44 $55 Police Reserve Officer $43 $48 Facilities Maintenance Tech $40 $49 Police Recruit $34 $38 Lead Equipment Mechanic $50 $62 Police Support Svcs Reserve $18 $20 Lead Maintenance Worker $47 $58 Police Aide $17 $19
Maintenance Assistant $32 $40
Maintenance Services Manager $74 $92
Maintenance Supervisor $55 $68 Positions Straight OT
Maintenance Worker $35 $44 Assistant Fire Marshal $69 $85 Office Specialist I $31 $38 Fire Marshal $68 $84
Office Specialist II $33 $41 Fire Protection Specialist $54 $67 Plan Check Engineer $75 $93 Code Enforcement Officer $45 $56 Plan Checker $66 $81
Senior Maintenance Worker $39 $48 Other Positions
Park Ranger $43 $53 Police Records Technician $34 $42
Property/Evidence Specialist $44 $54 Sr Police Records Technician $37 $45 Note - Rates are based on most recent applicable Memorandums of Understanding. 1 Includes annual salary at top step, other compensation and benefits, divided by 2,080 hours/annually. 2 Includes straight time hourly rate plus 1/2 of the basic hourly rate divided by 2,080 hours. Other benefits are excluded from this portion of the calculations.
CITY OF COSTA MESA
RATE DETERMINATION
2021-22 / 2022-23
Community Risk Reduction Team
In accordance with Administrative Regulation 2.13, the following is a list of frequently requested hourly rates:
ATTACHMENT - 3
231
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-788 Meeting Date: 7/19/2022
TITLE:
ADOPTION OF AN ORDINANCE REVISING CHAPTER III OF TITLE 12 REGARDING THE
PARKS, ARTS AND COMMUNITY SERVICES COMMISSION TO REMOVE ARTS FUNCTIONS, AND ADOPTION OF AN ORDINANCE ADDING CHAPTER IV OF TITLE 12 ESTABLISHING AN
ARTS COMMISSION
DEPARTMENT: PARKS & COMMUNITY SERVICES
PRESENTED BY: JASON MINTER, PARKS & COMMUNITY SERVICES DIRECTOR CONTACT INFORMATION: JASON MINTER, PARKS & COMMUNITY SERVICES DIRECTOR, (714) 754-5009
RECOMMENDATION:
Staff recommends the City Council:
1. Give second reading to and adopt Ordinance No. 2022-05, to revise Chapter III of Title 12 regarding the Parks, Arts and Community Services Commission to remove Arts Functions (Attachment 1).
2. Give second reading to and adopt Ordinance No. 2022-06, to adopt Chapter IV of Title 12 establishing an Arts Commission (Attachment 2).
BACKGROUND:
On June 21, 2022, the City Council introduced and gave first reading to Ordinance Nos. 2022-05 and 2022-06 by a vote of 5-0. The City Council made modifications to the proposed ordinance as follows:
Ordinance No. 2022-05
· Remove District requirement for the Parks and Community Services Commission and only require residency in Costa Mesa.
Ordinance No. 2022-06
· Commission eligibility changed for Council member selections and requires a minimum of four (4) members being Costa Mesa residents, with up to three (3) members authorized to be non- residents. All members must have a background in the arts.
232
File #: 22-788 Meeting Date: 7/19/2022
ANALYSIS:
As part of its motion approving the introduction and first reading of the Ordinances, the City Council articulated requested changes to the Ordinances. Those changes are reflected in the final Ordinances (Attachments 1 and 2) and are also provided in an underlined/strikethrough format (Attachments 3 and 4).
The agenda report and video for the June 21, 2022 City Council meeting can be found at the following links:
Agenda Report:
<https://costamesa.legistar.com/View.ashx?M=A&ID=926662&GUID=5B36D613-69E9-45AF-A4AF- 421B6844B5CB>
Video: <https://costamesa.granicus.com/player/clip/3873?view_id=14&redirect=true> If approved, the Ordinances would become effective 30 days after adoption.
ALTERNATIVES:
City Council may adopt the Ordinances as proposed, modify the Ordinances, or not adopt the Ordinances.
FISCAL REVIEW:
The cost to establish an Arts Commission for FY 2022-23 is $8,400. This was added to the Parks and Community Services Department budget during the budget process in 2021-22 utilizing funding from the Measure Q Cannabis Sales Tax.
LEGAL REVIEW:
The City Attorney‘sOffice has reviewed this report, the proposed ordinances and approves them 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. Adopt Ordinance No. 2022-05, to revise Chapter III of Title 12 regarding the Parks, Arts and Community Services Commission to remove Arts Functions (Attachment 1).
2. Adopt Ordinance No. 2022-06, to adopt Chapter IV of Title 12 establishing an Arts Commission (Attachment 2).
233
ATTACHMENT 1
Ordinance No. 2022-05 | Page 1 of 4
ORDINANCE NO. 2022-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING CHAPTER III (PARKS, ARTS AND COMMUNITY SERVICES COMMISSION) OF TITLE 12 (PARKS AND RECREATION) OF THE
COSTA MESA MUNICIPAL CODE
WHEREAS, Chapter III (Parks Arts, and Community Services Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal Code establishes a Parks, Arts and Community Services Commission (“Commission”), the rules, regulations, and procedures applicable to the Commission, and the membership requirements for the Commission; and
WHEREAS, the City Council desires to amend Chapter III to rename the Commission as the Parks and Community Services Commission, revise membership requirements, and to remove all duties related to the Arts of the Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The title of Chapter III of Title 12 of the Costa Mesa Municipal Code is hereby amended to read as follows:
CHAPTER III. PARKS AND COMMUNITY SERVICES COMMISSION
Section 2. Section 12-71 of the Costa Mesa Municipal Code is amended, as follows:
12-71. Commission established.
There is hereby established as a part of the government of the city, a parks and community services commission, which shall:
(a) Consider and provide advice regarding matters that may be referred to it by the City Council, the City Manager, the Director of Parks and Community Services, or the Director of Public Works;
(b) By its own motion, conduct studies and investigations and hold public hearings as it may deem necessary for the formulation of policies, plans, and procedures relating to parks, recreation, senior programs, recreation facilities, community facilities, and parkways, or to determine the wisdom and efficacy of such policies, plans and procedures, or to determine an action plan to pursue in implementing the City’s Parks, Recreation and Open Space Master Plan and report its findings and recommendations to the City Council, the City Manager, the Director of Parks and Community Services, and/or the Director of Public Works; 234
Ordinance No. 2022-05 | Page 2 of 4
(c) Recommend to the city council approval of concept plans for development and/or modification of parks, recreation, community, and open space facilities; (d) Solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies concerned with the parks, recreation, recreation facilities, community facilities, and parkways of the City; (e) Make recommendations and findings on the necessity for removal of parkway trees and the necessity for terms and conditions for retention of trees in accordance with Chapter V of Title 15 of this Code, which decisions shall be final notwithstanding section 2-303;
(f) Set the fees to be charged to participants in recreation and community programs and classes in accordance with the guidelines adopted by the City Council;
(g) In its discretion, review the annual budget as presented to the City Council and advise it on the current operational needs and long-range plans for capital improvements;
(h) Periodically visit parks, recreation and community facilities in the city to review established programs and facilities, and to monitor needs in accordance with the Parks, Recreation and Open Space Master Plan;
(i) On behalf of the city, actively encourage programs for the cultural enrichment of the community;
(j) Solicit partnerships with senior organizations which share the common goal to serve Costa Mesa’s senior population; and
(k) Seek out and recommend to the City Council, City Manager or Director of Parks and Community Services possible public and private funding opportunities available to implement new or enhance existing senior programs and services. (Ord.
No. 19-06, § 2, 4-2-19)
Section 3. Subsection (a) of Section 12-74 of the Costa Mesa Municipal Code is hereby deleted in its entirety and replaced with the following: (a) Commission. The Parks and Community Services Commission shall consist of seven (7) members.
Section 4. Subsection (b) of Section 12-74 of the Costa Mesa Municipal Code is hereby deleted in its entirety and replaced with the following: (b) Appointment and removal of commissioners. Each council member shall appoint a commission member, subject to approval by a majority vote of the entire city council. Commission members appointed by district representatives shall be for a term of four (4) years, except as otherwise provided in this section. The commissioner appointed by the mayor shall be for a two (2) year term, except as otherwise provided in this section. Commissioners 235
Ordinance No. 2022-05 | Page 3 of 4
serve at the pleasure of the city council. A member may be removed prior to the expiration of his or her term by a majority vote of the entire city council. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by city council policy.
Section 5. Section 12-74(c) of the Costa Mesa Municipal Code is hereby deleted in its entirety and replaced with the following:
(c) Residency. Each member of the commission must be a resident of the City. If any member of the Commission ceases to be a resident of the City, that member’s appointment will automatically terminate. The Commission secretary shall immediately inform the City Council of any such termination.
Section 6. Section 12-74(e) of the Costa Mesa Municipal Code is hereby deleted in its entirety and replaced with the following:
(e) Senior liaison. If the Mayor does not assign the liaison position, the members of the Commission shall designate one (1) member of the Commission to serve as the liaison for the senior center.
Section 7. Environmental Compliance. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3)(General Rule) of the CEQA Guidelines 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 8. 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 effect the provisions of this Ordinance.
Section 9. Severability. If any section, subsection, sentence, clause, phrase or portion 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 City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 10. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
236
Ordinance No. 2022-05 | Page 4 of 4
Section 11. Certification. This City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED AND ADOPTED this ___th day of ______, 2022.
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Brenda Green, City Clerk Kimberly Hall Barlow, City
Attorney
237
ATTACHMENT 2
Ordinance No. 2022-06 | Page 1 of 4
ORDINANCE NO. 2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER IV (ARTS COMMISSION) OF TITLE 12 (PARKS
AND RECREATION) OF THE COSTA MESA MUNICIPAL CODE
WHEREAS, Chapter III (Parks and Community Services Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal Code was recently amended to delete responsibilities relating to the arts from the purview of the Parks and Community Services Commission (previously known as the Parks, Arts and Community Services Commission); and
WHEREAS, the City Council previously approved the City’s Arts and Culture Master Plan; and
WHEREAS, in accordance with the new Arts and Culture Master Plan, the City Council desires to establish an Arts Commission to assume all duties related to the arts for the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter IV of Title 12 of the Costa Mesa Municipal Code is hereby added to read as follows:
CHAPTER IV. ARTS COMMISSION
12-75. Commission established.
There is hereby established as a part of the government of the City, an Arts Commission, which shall:
(a) Consider and provide advice regarding matters that may be referred to it by the City Council, the City Manager, the Director of Parks and Community Services, or the Director of Public Works;
(b) By its own motion, conduct studies and investigations and hold public hearings as it may deem necessary for the formulation of policies, plans, and procedures relating to arts, or to determine the wisdom and efficacy of such policies, plans and procedures, or to determine an action plan to pursue in implementing the City’s Arts and Culture Master Plan and report its findings and recommendations to the City Council, the City Manager, the Director of Parks and Community Services, and/or the Director of Public Works;
(c) Recommend to the City Council approval of concept plans for development and/or modification of arts programming, policies and services; 238
Ordinance No. 2022-06 | Page 2 of 4
(d) Solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies concerned with the arts, in the City; (e) Set the fees to be charged to participants in arts programs and classes in accordance with the guidelines adopted by the City Council; (f) In its discretion, review the annual budget as presented to the City Council and advise it on the current operational needs and long-range plans for arts opportunities;
(g) On behalf of the City, actively encourage programs for the cultural and artistic enrichment of the community;
(h) Solicit partnerships with senior organizations which share the common goal to serve Costa Mesa’s senior population relating to arts; and (i) Seek out and recommend to the City Council, City Manager or Director of Parks and Community Services possible public and private funding opportunities available to implement new or enhance existing arts programs and services. 12-76 Rules and regulations.
The commission shall operate under the following rules and regulations:
(a) Chairperson, vice-chairperson: The election of the chairperson will precede that of the vice-chairperson nominations. Elections of officers shall take place annually to coincide as closely as possible with the appointment terms of the commissioners. The commission, in event of a vacancy in either office, shall elect one (1) of its members for the unexpired term.
(b) Meetings: The commission shall meet at City Hall, 77 Fair Drive, on the times and dates set forth by resolution of the City Council. In the event the regular meeting day falls on a holiday, the regular meeting shall be held on the next business day. A regular or adjourned meeting may be adjourned to a time and place specified in the order of adjournment. Special meetings may be called at any time by the chairperson, or in the absence of the chairperson, by the vice-chairperson, by the City Manager, the Mayor, or by the majority of the members of the commission, by notice delivered to each available member of the commission, at least twenty-four (24) hours previous to the meeting. A regularly scheduled meeting may be canceled or rescheduled by a majority vote of the commission, with proper notice as required by law.
(c) Quorum: A majority of the members of the commission shall constitute a quorum for the transaction of business. No action shall be taken by the commission unless it is concurred in and adopted by the affirmative vote of at least a majority of the members present. The powers conferred to the commission shall be exercised by motion of 239
Ordinance No. 2022-06 | Page 3 of 4
resolution and recorded in the minutes. Upon request of any member of the commission a roll call of the vote shall be conducted, and the results thereof recorded in the minutes.
(d) Secretary: The secretary shall be designated by the Director of Parks and Community Services. The secretary shall record the minutes of the commission and shall maintain the records of its proceedings and transactions. 12-77. Procedures.
(a) All meetings of the Commission shall be open to the public. (b) Matters brought before the Commission by the public, Director of Parks and Community Services, or their designee, shall be considered by the Commission and it shall report its actions, findings and recommendations to the City Council, the City Manager, or the Director of Parks and Community Services. 12-78. Membership.
(a) Commission. The Arts Commission shall consist of seven (7) members. (b) Appointment and removal of commissioners. Each Council member elected by district shall appoint a Commission member who may or may not be a resident of his or her district, or of the City, subject to approval by a majority vote of the entire City Council. The Mayor shall appoint a Commission member, subject to approval by a majority vote of the entire City Council. Commission members appointed shall be for a term of four (4) years, except as otherwise provided in this section. The Commissioner appointed by the Mayor shall be for a two (2) year term, except as otherwise provided in this section. Commissioners serve at the pleasure of the City Council. A member may be removed prior to the expiration of his or her term by a majority vote of the entire City Council. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by City Council policy. For the initial appointments only, members appointed by the representatives of the first, second and sixth districts shall initially serve a two (2) year term.
(c) Residency in the City. Residency in the City shall not be required of all members of the Commission, provided that at least four of the commissioners shall be residents of the City and all members of the commission shall be in the business of or regularly engaged in the practice of the arts in the judgment of the appointing Council Member and Council.
(d) Term. The term of each Commission member shall expire on the date on which the second regular meeting in January is held immediately following expiration of the term of the Council member or Mayor who appointed that member, or until he or she is reappointed or replaced.
240
Ordinance No. 2022-06 | Page 4 of 4
Section 2. Environmental Compliance. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3)(General Rule) of the CEQA Guidelines 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 3. 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 effect the provisions of this Ordinance.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion 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 City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
Section 6. Certification. This City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED AND ADOPTED this ___th day of ______, 2022.
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Brenda Green, City Clerk Kimberly Hall Barlow, City
Attorney
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Ordinance No. 2022-05 | Page 1 of 4
ATTACHMENT 3
ORDINANCE NO. 2022-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING CHAPTER III (PARKS, ARTS AND COMMUNITY SERVICES COMMISSION) OF TITLE 12 (PARKS AND RECREATION) OF THE
COSTA MESA MUNICIPAL CODE
WHEREA S, Chapter III (Parks Arts, and Community Services Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal Code establishes a Parks, Arts and Community Services Commission (“Commission”), the rules, regulations, and procedures applicable to the Commission, and the membership requirements for the Commission; and
WHEREAS, the City Council desires to am end Chapter III to rename the Commission as the Parks and Community Services Commission, revise membership requirements, and to remove all duties related to the Arts of the Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The title of Chapter III of Title 12 of the Costa Mesa Municipal Code is hereby amended to read as follows:
CHAPTER III. PARKS AND COMMUNITY SERVICES COMMISSION
Section 2. Section 12-71 of the Costa Mesa Municipal Code is amended, as follows:
12-71. Commission established.
There is hereby established as a part of the government of the city, a parks and community services commission, which shall:
(a) Consider and provide advice regarding matters that may be referred to it by the City Council, the City Manager, the Director
of Parks and Community Services, or
the Director of Public ServicesPublic Works;
(b) By its own motion, conduct studies and investigations and hold public hearings as it may deem necessary for the formulation of policies, plans, and procedures relating to parks, recreation, senior pro
grams, recreation facilities, community
facilities, and parkways, or to determine the wisdom and efficacy of such policies, plans
and procedures, or to determine an action plan to pursue in implementing the City’s Parks, Recreation and Open Space Master
Plan and report its findings and
recommendations to the City Council, t
he City Manager, the Director of Parks and
Community Services, and/or the Director of
Public ServicesPublic Works;
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Ordinance No. 2022-05 | Page 2 of 4
(c) Recommend to the city council appr oval of concept plans for development and/or modification of parks, recreation, community, and open space facilities; (d) Solicit to the fulle st extent possible the cooperation of school authorities and other public and private agencies concerned with the parks, recreation, recreation facilities, community facilities, and parkways of the City; (e) Make recommendations and findings on the necessity for removal of parkway trees and the necessity for terms and conditions for retention of trees in accordance with Chapter V of Title 15 of this Code, which decisions shall be final notwithstanding section 2-303;
(f) Set the fees to be charged to participants in recreation and community programs and classes in accordance with the guidelines adopted by the City Council;
(g) In its discretion, review the annual budget as presented to the City Council and advise it on the current operational needs and long-range plans for capital improvements;
(h) Periodically visit parks, recreation and community facilities in the city to review established programs and facilities, and to monitor needs in accordance with the Parks, Recreation and Open Space Master Plan;
(i) On behalf of the city, actively encourage programs for the cultural enrichment of the community;
(j) Solicit partnership s with senior organizations which share the common goal to serve Costa Mesa’s senior population; and
(k) Seek out and recommend to the City Council, City Manager or Director of Parks and Community Services possible public and private funding opportunities available to implement new or enhance existing senior programs and services. (Ord.
No. 19-06, § 2, 4-2-19)
Section 3. Subsection (a) of Section 12-74 of the Costa Mesa Municipal Code is hereby deleted in its entirety and replaced with the followin g: (a) Commission. The Parks and Community Services Commission shall cons ist of seven (7) members. There shall be one (1) member from each electoral district of the city and one (1) at-large member.
Section 4. Subsection (b) of Section 12-74 of the Costa Mesa Municipal Code is hereby deleted in its entir
ety and replaced with the following: (b) Appointment and removal of commissioners. Each council member shall appoint a commission member, subject to approval by a majority vote of the entire city council. Commission members appointed by district representatives shall be
for a term of four (4) years, except as
243
otherwise provided in this section. The commissioner appointed by the mayor shall be for a two (2) year term, except as otherwise provided in this section. Commissioners serve at the pleasure of the city council. A member may be removed prior to the expiration of his or her term by a majority vote of the entire city council. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by city council policy.
Section 45. Section 12-74(c) of the Costa Mesa Municipal Code is hereby deleted in its entirety and replaced with the following:
(c) Residency in districts. Except for the at-large member, eEach member of the commission must be a resident of the City.electoral district from which the member is nominated at the time the member is nominated and appointed. If any member of the Commission ceases to be a resident of the Citydistrict from which the member was appointed, that member’s appointment will automatically terminate. The at-large member must be a resident of the City. If the at-large member ceases to be a resident of the city, that member’s appointment will automatically terminate. The Commission secretary shall immediately inform the City Council of any such termination.
Section 56. Section 12-74(e) of the Costa Mesa Municipal Code is hereby deleted in its entirety and replaced with the following:
(e) Senior liaison. If the Mayor does not assign the liaison position, the members of the Commission shall designate one (1) member of the Commission to serve as the liaison for the senior center.
Section 67. Environmental Compliance. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3)(General Rule) of the CEQA Guidelines 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 78. 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 effect the provisions of this Ordinance.
Section 89. Severability. If any section, subsection, sentence, clause, phrase or portion 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 City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Ordinance No. 2022-05 | Page 3 of 4
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Ordinance No. 2022-05 | Page 4 of 4
Section 910. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
Section 110. Certification. This City Clerk shall certify to the passage and a
doption of this Ordinance and shall cause the same to be published or posted in the
manner required by law.
PASSED AND ADOPTED this ___th day of ______, 2022.
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Brenda Green, City Clerk Kimberly Hall Barlow, City
Attorney
245
Ordinance No. 2022-06 | Page 1 of 5
ATTACHMENT 4
ORDINANCE NO. 2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER IV (ARTS COMMISSION) OF TITLE 12 (PARKS
AND RECREATION) OF THE COSTA MESA MUNICIPAL CODE
WHEREA S, Chapter III (Parks and Community Services Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal Code was recently amended to delete responsibilities relating to the arts from the purview of the Parks and Community Services Commission (previously known as the Parks, Arts and Community Services Commission); and
WHEREAS, the City Council previously approved the City’s Arts and Culture Master Plan; and
WHEREAS, in accordance with the new Arts and Culture Master Plan, the City Council desires to establish an Arts Commission to assume all duties related to the arts for the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter IV of Title 12 of the Costa Mesa Municipal Code is hereby added to read as follows:
CHAPTER IV. ARTS COMMISSION
12-75. Commission established.
There is hereby established as a part of the government of the City, an Arts Commission, which shall:
(a) Consider and provide advice regarding matters that may be referred to it by the City Council, the City Manager, the Director of Parks and Community Services, or the Director of Public ServicesPublic Works;
(b) By its own motion, conduct studies and investigations and hold public hearings as it may deem necessary for the formulation of policies, plans, and procedures r
elating to arts, or to determine the wisdom and efficacy of such policies, plans and procedures, or to determine an action plan to pursue in implementing the City’s Arts and Culture Master Plan and report its findings and recommendations to the City Counc
il, the City Manager, the Director of Parks and Community Services, and/or the Director of Public ServicesPublic Works;
(c) Recommend to the City Council appr
oval of concept plans for development
and/or modification of arts pro
gramming, policies and services;
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Ordinance No. 2022-06 | Page 2 of 5
(d) Solicit to the fulle st extent possible the cooperation of school authorities and other public and private agencies concerned with the arts, in the City; (e) Set the fees to be charged to participants in arts programs and classes in accordance with the guidelines adopted by the City Council; (f) In its discretion, re view the annual budget as presented to the City Council and advise it on the current operational needs and long-range plans for arts opportunities;
(g) On behalf of the Cit y, actively encourage programs for the cultural and artistic enrichment of the community;
(h) Solicit partnership s with senior organizations which share the common goal to serve Costa Mesa’s senior population relating to arts; and (i) Seek out and recommend to the City Council, City Manager or Director of Parks and Community Services possible public and private funding opportunities available to implement new or enhance existing arts programs and services. 12-76 Rules and regulations.
The commission shall operate under the following rules and regulations:
(a) Chairperson, vice-chairperson: The election of the chairperson will precede that of the vice-chairperson nominations. Elections of officers shall take place annually to coincide as closely as possible with the appointment terms of the commissioners. The commission, in event of a vacancy in either office, shall elect one (1) of its members for the unexpired term.
(b) Meetings: The commission shall meet at City Hall, 77 Fair Drive, on the times and dates set forth by resolution of the City Council. In the event the regular meeting day falls on a holiday, the regular meeting shall be held on the next business day. A regular or adjourned meeting may be adjourned to a time and place specified in the order of adjournment. Special meetings may be called at any time by the chairperson, or in the absence of the chairperson, by the vice-chairperson, by the City Manager, the Mayor, or by the majority of the members of the commission, by notice delivered to each available member of the commission, at least twenty-four (24) hours previous to the meeting. A regularly scheduled meeting may be canceled or rescheduled by a majority vote of the commission, with proper notice as required by law.
(c) Quorum: A majority of the members of the commission shall constitute a quorum for the transaction of business. No action shall be taken by the commission unless it is concurred in and adopted by the affirmative vote of at least a majority of the members present. The powers conferred to the commission shall be exercised by motion of 247
Ordinance No. 2022-06 | Page 3 of 5
resolution and recorded in the minutes. Upon request of any member of the commission a roll call of the vote shall be conducted, and the results thereof recorded in the minutes.
(d) Secretary: The secretary shall be designated by the Director of Parks and Community Services. The secretary shall record the minutes of the commission and shall maintain the records of its proceedings and transactions. 12-77. Procedures.
(a) All meetings of the Co mmission shall be open to the public. (b) Matters brought bef ore the Commission by the public, Director of Parks and Community Services, or their designee, shall be considered by the Commission and it shall report its actions, findings and recommendations to the City Council, the City Manager, or the Director of Parks and Community Services. 12-78. Membership.
(a) Commission. The Arts Commission shall consist of seven (7) members. (b) Appointment and removal of commissioners. Each Council member elected by district shall appoint a Commission member who may or may not be a resident of his or her district, or of the City, subject to approval by a majority vote of the entire City Council. The Mayor shall appoint a Commission member, subject to approval by a majority vote of the entire City Council. Commission members appointed shall be for a term of four (4) years, except as otherwise provided in this section. The Commissioner appointed by the Mayor shall be for a two (2) year term, except as otherwise provided in this section. Commissioners serve at the pleasure of the City Council. A member may be removed prior to the expiration of his or her term by a majority vote of the entire City Council. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by City Council policy. For the initial appointments only, members appointed by the representatives of the first, second and sixth districts shall initially serve a two (2) year term.
(c) Residency in the City. Residency in the City shall not be required of all Each members of the Commission , provided that at least four of the commissioners shall be residents of the City and all members of the commission shall be in the business of or regularly engaged in the practice of the arts in the judgment of the appointing Council Member and Council. must be a resident of the City at the time the member is nominated and appointed. If any member of the Commission ceases to be a resident of the City, that member’s appointment will automatically terminate. The secretary of the Arts Commission shall immediately inform the City Council of any such termination. 248
Ordinance No. 2022-06 | Page 4 of 5
(d) Term. The term of each Commission member shall expire on the date on which the second regular meeting in January is held immediately following expiration of the term of the Council member or Mayor who appointed that member, or until he or she is reappointed or replaced.
Section 2. Environmental Compliance. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3)(General Rule) of the CEQA Guidelines 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 3. 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 effect the provisions of this Ordinance.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion 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 City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.
Section 6. Certification. This City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED AND ADOPTED this ___th day of ______, 2022.
John Stephens, Mayor
ATTEST:
APPROVED AS TO FORM:
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Ordinance No. 2022-06 | Page 5 of 5
Brenda Green, City Clerk Kimberly Hall Barlow, City
Attorney
250
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-792 Meeting Date: 7/19/2022
TITLE:
AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT WITH GLENN LUKOS ASSOCIATES FOR THE VERNAL POOLS 5, 6 AND 7 RESTORATION PROJECT AT FAIRVIEW PARK
DEPARTMENT: PARKS AND COMMUNITY SERVICES
PRESENTED BY: KELLY DALTON, FAIRVIEW PARK ADMINISTRATOR CONTACT INFORMATION: (714) 754-5135
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager and City Clerk to execute Amendment No. 1 to the Professional Services Agreement with Glenn Lukos Associates, Inc. increasing the total compensation by $148,731 for vernal pools restoration and biological monitoring services for the Vernal Pools 5, 6 and 7 Restoration Project at Fairview Park, in a form to be approved by the City Attorney.
2. Authorize a ten (10) percent contingency, if needed, in the amount of $14,870.
3. Authorize the City Manager and the City Clerk to execute Amendment No. 1 and future amendments to the agreement within City Council authorized limits.
BACKGROUND:
In August 2017, the City Council adopted Resolution No. 17-52, which authorized staff to file a grant application for the State of California Department of Parks and Recreation Habitat Conservation Program to restore vernal pools and their associated watersheds at Fairview Park (Attachment 1). In June 2018, the City received a notification of grant award from the California Department of Parks and Recreation Habitat Conservation Fund (HCF) for Fairview Park vernal pools restoration (Attachment 2).
Subsequent to the grant approvals, the U.S. Fish and Wildlife Service (USFWS) approved the “Long- Term Maintenance Plan for Vernal Pools 5 and 6, and Associated Watershed Areas” (the “Plan) (Attachment 3), which was developed by Glenn Lukos Associates, as they had previously supported the City on vernal pools management and restoration efforts within Fairview Park. In addition, Glenn Lukos Associates staff are specifically identified as authorized individuals on the Native Endangered Species Recovery - Endangered Wildlife Permit (EWP) issued to the City, USFWS Permit #TE87580B-0 (the “Permit”)(Attachment 4). Vernal pools 5, 6 and 7 are located in the south portion