Agenda packet — Costa Mesa City Council, September 6, 2022

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, September 6, 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.

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Agenda September 6, 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:
https://us06web.zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 983 7639 0419/ Password: 905283
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

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. 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.

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.

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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.

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.

In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. Language translation services are available for this meeting by calling (714) 754-5225 at least 48 hours in advance.

En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR

35.102.35.104 ADA Title II]. Servicios de traducción de idioma están disponibles para esta junta llamando al (714) 754-5225 por lo mínimo 48 horas de anticipación.

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Agenda September 6, 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 LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Daniel A. Stefano, Acting City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA).

2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (a) Agency Designated Representative: Daniel A. Stefano, Acting City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA).

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Penfil v. City of Costa Mesa,
Orange County Superior Court Case No. 30-2020-01147493-CU-WT-CJC

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Agenda September 6, 2022

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
September 6, 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

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 Jordan Hansen, Mesa Church

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

1. Commendation: Bryce Sheridan - 49th Annual Will Jordan Champion
22-854
Commendation: Bryce Sheridan - 49th Annual Will Jordan
Champion
Attachments:

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2. Proclamation: 2022 Hunger Awareness Month 22-852
Proclamation: 2022 Hunger Awareness MonthAttachments:

3. Proclamation: 2022 National Child Awareness Month 22-853 Proclamation: 2022 National Child Awareness MonthAttachments:

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 Harlan

2. Council Member Harper

3. Council Member Reynolds

4. Council Member Chavez

5. Council Member Gameros

6. Mayor Pro Tem Marr

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-10)
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.

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Agenda September 6, 2022

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
22-838
RECOMMENDATION:

City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

2. READING FOLDER 22-848
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: AAA, AA Car Rental, Victoria Baer, Cage Cramer, Joe Hernandez, Nydia Houck, Jason Jones, Kathleen Jones, Zachary Pederson, Carolyn Richardson, and Mike Schaefer.

3. ADOPTION OF WARRANT RESOLUTION 22-850
RECOMMENDATION:

City Council approve Warrant Resolution No. 2685

1. Summary Check Register week of 8.1.2022

2. Summary Check Register week of 8.8.2022

3. Summary Check Register week of 8.8.2022 (2)

4. Summary Check Register week of 8.15.2022

5. Summary Check Register week of 8.22.2022
Attachments:

4. MINUTES 22-849
RECOMMENDATION:

City Council approve the Minutes of the Study Session of July 12, 2022 and Regular meetings of July 19, 2022 and August 2, 2022.

1. 07-12-2022 Draft Minutes

2. 07-19-2022 Draft Minutes

3. 08-02-2022 Draft Minutes
Attachments:

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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
22-839
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.

2. Federal, State and /or local officials continue to impose or recommend measures to promote social distancing.

1. Draft Resolution No. 2022-xxAttachments:

6. AUTHORIZE CITY MANAGER TO ENTER INTO A PURCHASE
AGREEMENT FOR THE PURCHASE OF FOUR ( 4) AMBULANCES

THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF

GOVERNMENTS ( H-GAC) BUY COOP WITH REDSKY EMERGENCY

VEHICLES
22-816
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize City Manager or designee, to enter into a purchase agreement for four ( 4) ambulances through the Houston-Galveston Area Council of Governments ( H-GAC) Buy Coop Purchasing contract # AM10-20 with Redsky Emergency Vehicles (Attachment 1), and secure funding through a master lease agreement.

2. Authorize the City Manager and City Clerk to execute the necessary documents to acquire the additional ambulances

1. Costa Mesa Proposal

2. HGAC Contract

3. RedSky Fire Apparatus LLC
Attachments:

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7. ACCEPTANCE OF THE CITYWIDE PARKWAY PROJECT -
MAINTENANCE ZONES 6 AND 7, CITY PROJECT NO. 20-07
22-842
RECOMMENDATION:

Staff recommends the City Council:

1. Accept the work performed by Nationwide Contracting Services, Inc. dba Nationwide General Construction Services (“Nationwide”), for the Citywide Parkway Project - Maintenance Zones 6 and 7, Project, City Project No. 20- 07, 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. Final Cost ReportAttachments:

8. ACCEPTANCE OF THE 2021 EMERGENCY MANAGEMENT

PERFORMANCE GRANT
22-843
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the Agreement to Transfer Funds for the 2021 Emergency Management Performance Grant Program (EMPG) (the “Agreement”) and authorize the City Manager to execute the agreement.

2. Adopt Resolutions No. 2022- XX, which authorizes the application for and acceptance of funds under the Emergency Management Performance Grant (EMPG) Program, and authorizes the City Manager or designee to accept the 2021 EMPG Program.

3. Approve revenue and expense appropriations in the amount of $17,429 respectively, for the 2021 EMPG Program.

1. 2021 EMPG Grant Resolution

2. 2021 EMPG Transfer Agreement
Attachments:

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Agenda September 6, 2022

9. APPROVAL TO HIRE FULL-TIME CUSTODY STAFF FOR COSTA

MESA POLICE JAIL OPERATION SERVICES
22-844
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the City Manager or designee to increase the City ’s table of organization to account for eleven ( 11) full-time custody staff to facilitate Costa Mesa Jail Operations.

2. Adopt Resolution Number 2022-XX, which amends Resolution Number 2022 -35, establishing the new Custody Supervisor classification and corresponding salary range.

3. Authorize the appropriation of $175,215 from the General Fund ’s (101) fund balance for Police Department custody staff to facilitate Costa Mesa Jail Operations.

1. Resolution - CMCEA - Custody SupervisorAttachments:

10. ACCEPTANCE AND ALLOCATION OF THE 2022-23 OFFICE OF

TRAFFIC SAFETY GRANT FOR THE SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM
22-845
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed Resolution No. 2022-XX, which ratifies the application for a grant award from the State of California - Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) and authorizes the City Manager or designee to execute all grant documents, including the Grant Agreement, and accept and administer the grant.

2. Approve revenue and expense appropriations in the amount of $265,000 respectively, for the 2022-23 OTS STEP grant.

1. Costa Mesa Resolution No. 22-XX OTS STEP Grant
Resolution

2. Costa Mesa - PT23097 - Grant Agreement
Attachments:

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------

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Agenda September 6, 2022
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2021-2022

ANNUAL ACTION PLAN IDENTIFYING FUNDING PRIORITIES FOR

THE HOME-AMERICAN RESCUE PLAN (ARP) ALLOCATION PLAN
22-799
RECOMMENDATION:

Staff recommends the City Council:

1. Hold a Public Hearing regarding the FY 2021-2022 Substantial Amendment to the Annual Action Plan.

2. Approve the recommended allocation of $1,816,742 for the HOME-ARP Allocation Plan, a Substantial Amendment to the FY 2021-2022 Annual Action Plan.

Department of Housing and Urban Development.
c. Designate the City Manager, or the City Manager ’s designee, as the official representative of the City to administer the programs and to execute and submit all required agreements, certifications, and documents required by HUD, and execute all agreements for the use of funds approved in the 2021-2022 Annual Action Plan Substantial Amendment.

4. Authorize revenue and expense appropriations, respectively, each in the amount of $1,816,742, for the HOME-ARP Allocation Plan.

1. Resolution

2. ARP Allocation Plan FY21-22 Draft

3. Public Notice

4. Public Notice, Spanish version

5. HOME-ARP Survey Results
Attachments:

OLD BUSINESS:

NONE.

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Agenda September 6, 2022
NEW BUSINESS:

1. EXECUTION OF A SUBRECIPIENT AGREEMENT WITH THE COUNTY

OF ORANGE TO ACCEPT GRANT FUNDS FOR THE BENEFIT OF

THE BRIDGE SHELTER
22-841
RECOMMENDATION:

1. Authorize the City Manager and City Clerk to execute the Subrecipient Agreement between the City of Costa Mesa and the County of Orange to receive grant funds in the amount of $100,000 to support shelter and support services for people experiencing homelessness.

2. Upon approval, authorize revenue and expense allocations in the amount of $100,000 respectively, in County of Orange grant funds to support shelter and support services for people experiencing homelessness.

3. Authorize the City Manager and City Clerk to execute a Professional Services Agreement with Trellis International in a not to exceed amount of $70,000.

1. Subrecipient Agreement with the County of Orange.Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

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12 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-854 Meeting Date: 9/6/2022
TITLE:

Commendation: Bryce Sheridan - 49th Annual Will Jordan Champion DEPARTMENT: City Manager’s Office

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-852 Meeting Date: 9/6/2022
TITLE:

Proclamation: 2022 Hunger Awareness Month
DEPARTMENT: City Manager’s Office

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-853 Meeting Date: 9/6/2022
TITLE:

Proclamation: 2022 National Child Awareness Month
DEPARTMENT: City Manager’s Office

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-838 Meeting Date: 9/6/2022
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING 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.

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19 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-848 Meeting Date: 9/6/2022
TITLE:

READING FOLDER
RECOMMENDATION:

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20 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-850 Meeting Date: 9/6/2022
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5036
RECOMMENDATION:

City Council approve Warrant Resolution No. 2685
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. 22-15 “A”for $364.11 and 22-16 on cycle for $3,045,744.06, 22-17 on cycle for $3,037,712.59 and City operating expenses for $8,518,029.40.

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-849 Meeting Date: 9/6/2022
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the Minutes of the Study Session of July 12, 2022 and Regular meetings of July 19, 2022 and August 2, 2022.

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Minutes – Study Session – July 12, 2022 Page 1 of 3

CITY OF COSTA MESA - REGULAR STUDY SESSION
JULY 12, 2022 - 5:00 PM - MINUTES
CALL TO ORDER - The Study Session meeting was called to order by Mayor Stephens at 5:00 p.m.

PLEDGE OF ALLEGIANCE – Mayor Stephens led the Pledge of Allegiance.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr (Arrived 5:04 p.m.), and Mayor Stephens.

Absent: Council Member Harper
STUDY SESSION ITEM:

1. HOUSING IN COSTA MESA STUDY SESSION AND UPDATE
Presentation by Ms. Le, Economic and Development Services Director.

Public Comments:

Byron de Arakal, spoke on housing constraints due to Measure Y.

Speaker, spoke in support of additional housing and Accessory Dwelling Units.

Adam Wood, Building industry Association, spoke on the need for additional housing.

Jennifer Ward, Orange County Business Council, spoke on the need for additional housing.

David Martinez, spoke on the need for additional housing, and in support of amending Measure Y.

Marc Vukcevich, spoke on the need for affordable housing, repealing Measure Y, and including all city corridors.

Larry Haynes, spoke on the need for additional housing, and in support of the Ad Hoc Committees recommendations.

Speaker, spoke on the need for additional housing.
129
Minutes – Study Session – July 12, 2022 Page 2 of 3
John Hanna, spoke on the need for additional housing.

Dianne Russell, spoke in support of repealing Measure Y and the need for additional housing.

Kathy Esfahani, spoke on meeting the communities’ affordable housing needs, exempting from Measure Y any opportunity housing locations that would meet the affordable housing needs of the community, and spoke on the need for an inclusionary housing ordinance.

Anna Rollins, spoke on the need for additional housing and in support of housing to live and work locally.

Sandy Genis, spoke on transparency and not changing Measure Y.

Cynthia McDonald, spoke on transparency, workforce housing, an inclusionary housing ordinance, and in support of not changing Measure Y.

Cassius Rutherford, spoke on transparency, exclusionary zoning, and in support of adding a Measure on the Ballot.

Aaron Klemm, spoke on the need for affordable housing.

Russell Toler, spoke on the need for affordable housing and changing parking mandates.

The City Council directed staff to bring back a ballot measure for discussion at the July 19, 2022 City Council meeting, reflective of the Ad Hoc’s and community’s recommendations to amend the City’s General Plan, zoning, specific plans or overlay plans located in specific areas of the City.

ADJOURNMENT – The Mayor adjourned the Study Session at 7:01 p.m. 130
Minutes – Study Session – July 12, 2022 Page 3 of 3
Minutes adopted on this 6th day of September, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
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Minutes – Regular Meeting – July 19, 2022 Page 1 of 14

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
JULY 19, 2022 - MINUTES
CALL TO ORDER - The Closed Session meeting was called to order by Mayor Stephens at 4:03 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harlan (Arrived 4:10 p.m.), Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Absent: Council Member Harper.

PUBLIC COMMENTS – NONE.

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).

City Council recessed at 4:05 p.m. for Closed Session.

Closed Session adjourned at 5:45 p.m.
132
Minutes – Regular Meeting – July 19, 2022 Page 2 of 14
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 6:00 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Led by Mariachi Juvenil Herencia Michoacana

MOMENT OF SOLEMN EXPRESSION
Led by Pastor Christine Wallington, Seventh Day Adventist 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:

Rick Howard, Manager, Orange County Mosquito & Vector Control District, provided an update.

Mayor Stephens presented a proclamation in honor of “Parks Make Life Better!” Month.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Arlene Parrish, spoke on the long timelines for processing cannabis applications.

Speaker, spoke on the loud noise problems at the gym close to her home on 17th Street.

Bill Turpit, spoke on the $11.2 milliion grant received from the State of California for park enhancements, and recommended utilizing the grant for mosquito abatement and control at Fairview Park.

Miguel Martinez, spoke on the loud noise problems associated with Tony’s bar close to his home.

David Martinez, spoke on resources available for people moving to Costa Mesa and spoke on increasing density.

Jose Gomez, spoke on speeding problems on Pomona Street.

Marc Vukcevich, spoke on implementing traffic calming measures on Meyer Place, spoke on the parking signage on Randolph St., encouraged watering at night, and that a pedestrian crossing signal needs fixed on Placentia.

Speaker, requested agendas be available ten days prior to meetings and available in Spanish, and spoke on noise problems at Tony’s Bar.
133
Minutes – Regular Meeting – July 19, 2022 Page 3 of 14
Sandra Genis, spoke on the One Metro West development and when it will be placed on the ballot.

Wendy Leece, spoke on the $11.2 million grant received from the State of California for park enhancements, encouraged using monies for CIP projects that have been in the process for a long time.

Speaker, requested hard copies of the staff report attachments, spoke on a Public Records Act Request on the Housing Ad Hoc Committee minutes and on items that were not disclosable or privileged, and expressed concern on the process.

Rob Dickson, spoke on holding a council meeting at the same time as concerts in the park.

Cynthia McDonald, spoke on the Housing Element posted on the website and corrections needed, spoke on needing redlined versions, and spoke on the Housing Element responses.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Chavez spoke on the speeding issue on Pomona St., providing materials available in Spanish, spoke on Newport Mesa Unified School District changing their project to keep the trees on the Senior Lawn, and spoke on Families Forward groundbreaking for housing for homeless families.

Council Member Gameros spoke on street improvements on Randolph St., and spoke on transparency and that he is available to meet with the public.

Council Member Harlan responded to the speaker from 140 E. Cabrillo who spoke on the gym noise and requested more information on the property, spoke on the Accessory Dwelling Unit Ordinance and bringing forward modifications for City Council consideration.

Council Member Reynolds requested Accessory Dwelling Unit Ordinance modifications, spoke on speeding problems, spoke on park improvements and the Open Space Master Plan, requested hard copies of agenda reports be made available, and spoke on communication with the public.

Mayor Pro Tem Marr spoke on the status of CIP projects and grants, requested a follow up on the Tony’s Bar and the Gym complaints, spoke on Randolph Street and the 2 hour parking and requested a timeline for turning on the traffic light, spoke on printing the agenda’s in Spanish, and spoke on the Ad Hoc Committee printing an Op Ed in the newspaper.

Mayor Stephens thanked the Parks and Community Services Department and the City Manager Department for the July 3 rd event, spoke on beeping trucks being a nuisance, spoke on the Orange County Fair, requested a Study Session on the park grant, spoke on Randolph Street and the best way to address parking issues, and spoke on adjourning the meeting in memory of Joe St. Clair and Yvonne Dunn.

REPORT – CITY MANAGER – None.
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REPORT – CITY ATTORNEY – Ms. Hall Barlow reported that the City filed an application to dismiss the Newport Mesa Unified School District litigation, reported on a final ruling from the Federal District Court on Camp Lila and the lawsuit was dismissed, responded to Sandra Genis’ public comment regarding One Metro West and that an election date has not been selected, responded to the concerns on the Ad Hoc Committee’s Op Ed, the difference between a land use case and legislative actions, and responded to Ms. McDonald on the Housing Element and Measure Y as a constraint and the law requires the City to identify possible constraints in the Housing Element.

CONSENT CALENDAR (Items 1-16)
MOVED/SECOND: Council Member Chavez/Council Member Harlan MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 16.

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
Abstain: Council Member Gameros recused himself only on CC-3 the Warrant Resolution because of a conflict of interest as his wife works at Priceless Pet Rescue.

Motion carried: 7-0

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: 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
ACTION:

City Council approved Warrant Resolution No. 2683.

4. MINUTES
ACTION:

City Council approved the Minutes of the Regular meetings of June 7, 2022 and June 21, 2022.
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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
ACTION:

City Council adopted Resolution No. 2022-46 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.

6. MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND OBJECTIVES ACTION:

City Council approved the July 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.

7. DESIGNATION OF VOTING DELEGATE FOR 2022 LEAGUE OF CALIFORNIA

CITIES ANNUAL CONFERENCE
ACTION:

City Council designated Mayor Pro Tem Marr as Costa Mesa’s voting delegate for the 2022 League of California Cities Annual Conference.

8. TRAFFIC MANAGEMENT SERVICES AGREEMENTS WITH THE 32ND DISTRICT

AGRICULTURAL ASSOCIATION
ACTION:

1. City Council approved the 2022 agreement between the City and the 32nd District Agricultural Association for traffic management services for the Orange County Fair.

2. Approved 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. Authorized the City Manager and the City Clerk to execute the agreements.

4. Authorized 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.
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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
ACTION:

1. City Council gave second reading to and adopted Ordinance No. 2022-05, to revise Chapter III of Title 12 regarding the Parks, Arts and Community Services Commission to remove Arts Functions.

2. Gave second reading to and adopted Ordinance No. 2022-06, to adopt Chapter IV of Title 12 establishing an Arts Commission.

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
ACTION:

1. City Council authorized 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. Authorized a ten (10) percent contingency, if needed, in the amount of $14,870.

3. Authorized the City Manager and the City Clerk to execute Amendment No. 1 and future amendments to the agreement within City Council authorized limits.

11. ACCEPTANCE OF THE DOWNTOWN AQUATIC CENTER POOL REPLASTER PROJECT, CITY PROJECT NO. 21-08
ACTION:

1. City Council accepted 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 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. 137
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12. ACCEPTANCE OF THE CITYWIDE STREET REHABILITATION PROJECT - MAINTENANCE ZONES 6 AND 7, CITY PROJECT NO. 20-18
ACTION:

1. City Council accepted 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 authorized the City Clerk to file the Notice of Completion.

13. POLICE DEPARTMENT RANGE REMODEL AND UPGRADES PROJECT, CITY PROJECT NO. 22-03
ACTION:

1. City Council adopted plans, specifications, and working details for the Police Department Range Remodel and Upgrades Project, City Project No. 22-03.

2. Accepted the bid withdrawal of SS+K Construction, Inc., 21437 Rios Street, Woodland Hills, CA 91367.

3. Rejected the bid submitted by AG Construction, Inc., 18960 Ventura Boulevard, Suite 211, Tarzana, CA 91356 as non-responsive.

4. Rejected the bid submitted by Newman Midland Corporation, 1355 Redondo Avenue, Suite 12, Long Beach, CA 90804 as non-responsive.

5. Awarded a Public Works Agreement (PWA) to Kazoni Construction, Inc., 150 Paularino Avenue, Costa Mesa, CA 92626 in the amount of $1,931,077.

6. Authorized an additional ten percent (10%) contingency in the amount of $193,108 as needed for any unforeseen costs related to this project.

7. Authorized the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits.

8. Approved 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. Authorized 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. Authorized the appropriation of $248,550 from the Capital Improvement Fund (401) Fund Balance for the Police Department Range Remodel and Upgrades Project.
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14. ORANGE COUNTY TRANSPORTATION AUTHORITY TIER 1 GRANT PROGRAM FOR 2022 CONNECTOR PIPE SCREEN INSTALLATION PROJECT
ACTION:

1. City Council adopted Resolution No. 2022-47 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. Authorized the Public Work Director as the City’s representative.

3. Authorized 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.

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
ACTION:

1. City Council adopted Resolution No. 2022-48, 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. Adopted Resolution No. 2022-49, 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.
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16. APPROVAL OF RESOLUTION ADDING THE FINANCE MANAGER

CLASSIFICATION AND SALARY RANGE
ACTION:

City Council approved 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, amending Resolution No. 2022-50 by establishing a new classification in the Confidential Management Unit and establishing the pay range.

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
----------------------------------------END OF CONSENT CALENDAR--------------------------------------- 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
Presentation by Ms. Rosales, Transportation Manager.

Public Comments:

David Martinez, spoke on fees, enforcement, and using extra revenue on enhancements.

Marc Vukcevich, agreed with the previous speaker and spoke on fee structure and using excess revenue on enhancements.

Maurice Mandel, spoke on fines and pictures he submitted for the record.

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 Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: Council Member Harper.

Absent: None.

Abstain: None.

Motion carried: 6-1
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1. City Council gave second reading to and adopted 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 revisions to Residential Permit Parking Program Guidelines and Policies.

3. Approved Resolution No. 2022-51 to establish annual residential permit parking fees.

2. APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR THE COLLECTION

OF DELINQUENT CIVIL CITATIONS FOR MUNICIPAL CODE VIOLATIONS ACTION:

City Council continued this item to be considered at the August 2, 2022 City Council meeting.

3. AN ORDINANCE TO ADOPT AN EQUIPMENT USE POLICY GOVERNING THE USE

OF SPECIFIED EQUIPMENT PURSUANT TO CALIFORNIA ASSEMBLY BILL (AB) 481.

Presentation by Police Chief Lawrence.

Public Comments: None.

MOVED/SECOND: Council Member Gameros/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.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council held a public hearing and introduced and gave first reading to Ordinance No. 2022-03 approving an amended AB 481 Equipment Use Policy.

2. Authorized 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.

OLD BUSINESS: NONE.
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Minutes – Regular Meeting – July 19, 2022 Page 11 of 14 City Council recessed into a break at 8:40 p.m.

City Council reconvened at 8:55 p.m.

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
Presentation by Mr. Robbins, Neighborhood Improvement Manager.

Public Comments:

Margaret Chirp, spoke on the cost of the project and various options for affordable housing.

Marc Vukcevich, spoke in support of the project.

Aaron Klemm, spoke in support of the project.

Elizabeth Hansburg, spoke in support of the project.

Cassius Rutherford, spoke in support of the project.

Kyle Paine, with Community Development Partners, spoke on the project.

Speaker, spoke in support of the project and to prioritize placement of residents currently being displaced.

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 Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: Council Member Harper.

Absent: None.

Abstain: None.

Motion carried: 6-1
ACTION:

1. City Council approved 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. Authorized the City Manager to execute a commitment letter with Community Development Partners (“CDP”) for $1,500,000 for the Motel 6 housing project. 142
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2. APPROVAL OF A CITY BALLOT INITIATIVE ENTITLED “THE CITY OF COSTA

MESA REVITALIZATION AND RESIDENTIAL NEIGHBORHOODS PROTECTION MEASURE”
Presentation by Ms. Le, Economic and Development Services Director.

Public Comments:

Ms. Vukcevich, spoke in support of the item.

Speaker, spoke on the need for affordable housing.

Flo Martin, spoke on high density and affordable housing.

Speaker, spoke on the need for affordable housing.

Victor Valladares, Data Specialist with Resilience Orange County, spoke on outreach to the community, displacement of renters, and increases in rent.

Speaker, spoke on the need for affordable housing.

Matt Garcia, spoke in support of building more homes in Costa Mesa.

Speaker, spoke in support of the item and spoke on the need for affordable housing.

Sandra Genis, spoke in opposition of the item.

Miguel Martinez, spoke on the need for affordable housing.

Speaker, spoke on zoning requirements triggering Measure Y and including more corridors.

John Hanna, Southwest Regional Council of Carpenters, spoke in support of more affordable housing, workforce housing, and housing impacts in the community.

Adam Wood, Building Industry Association, spoke on Measure Y as a constraint to housing production, and including more corridors on the map.

Suzanne Walburger, spoke in opposition of the item.

Speaker, spoke on Measure Y, low income housing, and in opposition of the item.

David Martinez, expressed opposition to Measure Y and encouraged a Ballot Measure to completely repeal it, spoke on amending the corridors on the map to include more areas, and spoke on removing certain Measure Y triggers.

Dianna Russell, spoke in favor of more affordable housing and in support of the item. 143
Minutes – Regular Meeting – July 19, 2022 Page 13 of 14 Marc Vukcevich, spoke in opposition of Measure Y and expressed that the proposed measure should include more changes.

Aaron Klemm, spoke in support of additional housing.

Speaker, spoke in support of affordable housing and in support of the item.

Tim O’Brian, Legacy Partners, spoke in support of the item.

Cassius Rutherford, spoke on the City’s housing needs, adding more corridors to the map, and in support of the item.

Jennifer Ward, Orange County Business Council, spoke on sustainable workforce housing, affordable housing, homelessness, and development.

Rob Dickson, spoke in opposition of the process and encouraged to receive and file the item.

Elizabeth Hansburg, People for Housing, spoke in support of the item and adding additional corridors.

Boris Gresely, spoke in support of the item and adding incentives for workforce housing.

Kathy Esfahani, Costa Mesa Affordable Housing Coalition, spoke on Measure Y, in support of the item, adding additional corridors, adding low and very low income housing, and adopting an inclusionary housing ordinance.

Cynthia McDonald, spoke in opposition of the item.

Richard Huffman, spoke in opposition of the process and timing.

MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Marr MOTION: Continue the item to the August 2, 2022 City Council meeting.

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.

Abstain: None.

Motion carried: 6-1
ACTION:

City Council received public comment and continued the item to be heard at the August 2, 2022 City Council meeting.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – None.

ADJOURNMENT – The Mayor adjourned the meeting in memory of Joe St. Clair and Yvonne Dunn at 11:57 p.m.
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___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
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REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
AUGUST 2, 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 6:00 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
A video of Kiera Wilkes performing the National Anthem was played follow by Mayor Stephens leading the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION
Led by Rev. Dr. George Okusi, St. John the Divine Episcopal Church.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Absent: None.

PRESENTATIONS: NONE.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
David Martinez, spoke on green belt corridors across the City, parkland and open space.

Jay Humphry, spoke on development in the City and the Costa Mesa Motor Inn development.

Speaker, spoke on a potential Brown Act violation and requested the measure talking points that was distributed to the Council.

Robin Leffler, spoke on development in the City.

Aaron McCall, spoke on pedestrian safety and requested a sidewalk on Wilson St.

Speaker, spoke on the Resource Fair at Lions Park, spoke on sustainability efforts, the need to bring reusable water bottles, and the use of recycling bins.

Speaker, spoke against fireworks activity in the neighborhood.

Cynthia McDonald, spoke on the draft Housing Element, inclusionary housing ordinances from various cities, and having a visionary process.
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Sandy Genis, spoke on the One Metro West project and when it will be placed on the ballot.

Speaker, spoke on firework problems on the Westside.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Harlan thanked and congratulated the Costa Mesa Foundation for the successful Concerts in the Park, and thanked city staff for the pickle ball courts at Tanager Park.

Council Member Reynolds congratulated staff for the resource fair, responded to the public comments regarding fireworks, spoke on the green belt corridor plan, and spoke on Wilson Street traffic calming measures.

Council Member Chavez congratulated the Police Department for the National Night Out.

Mayor Pro Tem Marr spoke on the Orange County Fair parking and traffic.

Mayor Stephens spoke on the pickle ball courts at Tanager Park, spoke on the Chargers training camp, requested the fireworks after action report, and spoke on the Orange County Fair parking guest passes.

REPORT – CITY MANAGER - Acting City Manager, Fire Chief Stefano, spoke on successes pertaining to homelessness, spoke on the Mendoza Street clean up, spoke on fire fighters working several fires, and the Orange County Fair fundraiser event.

CITY ATTORNEY REPORT – NONE.

CONSENT CALENDAR (Items 1-3)
MOVED/SECOND: Mayor Pro Tem Marr/Council Member Chavez
MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 3.

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

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.
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2. ADOPTION OF WARRANT RESOLUTION
ACTION:

City Council approved Warrant Resolution No. 2684.

3. SECOND READING AND ADOPTION OF AN ORDINANCE ENTITLED: AN

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

COSTA MESA, CALIFORNIA GOVERNING THE USE OF MILITARY EQUIPMENT ACTION:

City Council gave second reading to and adopted Ordinance No. 2022-03, entitled: An Ordinance of the City Council of the City of Costa Mesa, California adopting an AB 481 equipment use policy of the City of Costa Mesa, California governing the use of military equipment.
---------------------------------------END OF CONSENT CALENDAR------------------------------------------ City Council recessed into a break at 6:42 p.m.

City Council returned at 7:00 p.m.

PUBLIC HEARINGS: (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR THE COLLECTION

OF DELINQUENT CIVIL CITATIONS FOR MUNICIPAL CODE VIOLATIONS Presentation by Ms. Molina, Finance Director.

Public Comments:

Hector Perez, spoke on behalf of the property owner of 1526 Newport Blvd, who received notice of the public hearing and believes the citation has already been paid.

Tin Westen, spoke on behalf of the property owner of 2428 Newport Blvd., #6, who received notice of the public hearing and believes the citation has already been paid, and the owner is objecting to the assessment.

Ms. Hall Barlow, City Attorney, responded to public comments.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Approve recommended actions, subject to staff double-checking the two addresses and if they have been paid.

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 conducted a Public Hearing.

2. Adopted Resolution 2022-52 approving the certification of special assessments for delinquent civil fines for municipal code violations in relation to unlicensed cannabis and other municipal code violations.

OLD BUSINESS:

1. APPROVAL OF A CITY BALLOT INITIATIVE ENTITLED “THE CITY OF COSTA

MESA REVITALIZATION AND RESIDENTIAL NEIGHBORHOODS PROTECTION MEASURE”
Presentation by Ms. Le, Economic and Development Services Director.

Council Member Harlan, presented proposed changes from the Ad Hoc Committee.

City Council recessed into a break at 7:24 p.m.

City Council reconvened at 7:45 p.m.

Discussion ensued on the proposed changes.

Public Comments:

David Martinez, provided the following suggestions to the new draft, in section 3, to subsection g, remove the word “proposed” from the first line, and on the fourth line of the same subsection should be “or applicable property located” instead of “applicable to property located”.

Will Klatte, Chair of Share Our Selves (SOS), spoke on not being able to move into a new building because of certain restrictions as a result of Measure Y.

Bridgette McConahay, stated the focus should be on residential housing and not commercial projects.

Bonnie Copeland, spoke on the process from the Ad Hoc Committee adding the new draft at the last minute and the ability for the residents to participate.

Sandy Genis, spoke on the proposed changes from the Ad Hoc Committee and the process for proposing the changes.

Jay Humphry, spoke on defining affordable housing and on Measure Y.

Ian Stevenson, spoke on Measure Y, the need for additional housing, and lack of development in the city.

Robin Leffler, spoke on changing the title of the measure, and the process on how the measure was created.
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Speaker, spoke in favor of the Ad Hoc Committee proposal.

Tim O’Brian, Legacy Partners, spoke in favor of amending Measure Y.

Speaker, spoke on the need for affordable housing and spoke on transparency in the process for the measure.

Toward Lee, spoke on changing the name of the measure, corrections needed on the website, and managing the City.

Adam Wood, The Building Industry Association, spoke in support of amending Measure Y.

Suzanne Walburger, spoke on the proposed measure not being ready for a vote and having better processes.

Becks Heyhoe, Orange County United Way, spoke in support of the item.

Andrew Barns, spoke on the visioning process.

Carol Kerr, spoke on earning the trust of the voters and inquired on the process for pricing affordable housing.

Marc Vukcevich, spoke on the need for housing in Costa Mesa and spoke in support of the item.

City Council recessed into a break at 9:15 p.m.

City Council returned at 9:30 p.m.

Jeff Pettis, spoke on the process for adding the item to the agenda and transparency.

Aaron McCall, spoke in support of the item.

Aaron Klemm, spoke on public participation and in support of the item.

Jennifer Ward, Orange County Business Council, spoke in support of the item.

Christine Nolf, spoke in support of the item.

Jenn Tanaka, spoke in support of the item.

Elizabeth Hansburg, spoke in support of the item.

Kathy Esfahani, Affordable Housing Coalition, spoke in support of the item.

George Sakioka, spoke in support of the item.

Rob Dickson, spoke on transparency in the process.
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Bruce Krochman, spoke on not supporting Measure Y and the need for affordable housing.

Cassius Rutherford, spoke on affordable housing and in support of the item.

Richard Huffman, spoke on delaying the proposal.

Olga Zapata, spoke in support of affordable housing.

Cynthia McDonald, spoke on the process and in opposition of the item.

MOVED/SECOND: Council Member Harlan/Mayor Pro Tem Marr
MOTION: Approve the Ad Hoc Committee recommendation and include the following suggestion from David Martinez: in section 3, subsection g, remove the word “proposed” from the first line, and include the updated ballot question.

Council Member Chavez, requested to add Trinity Broadcast Network property to the corridor.

Council Member Harlan (1st) and Mayor Pro Tem Marr (2nd) agreed to the request.

Council Member Chavez, requested to add the south side of Baker from Fairview to Mendoza to ensure not displacing any residents and targeting warehouses specifically.

Council Member Harlan (1st) and Mayor Pro Tem Marr (2nd) agreed to the request.

Council Member Chavez, requested to remove any existing homes from the sea foam green area on the map so that no residents are displaced.

Staff clarified, that the request is to include the Baker St. corridor and that in all of the corridors to remove existing residentially zoned properties (single-family and multi-family) from the map.

Council Member Chavez, requested to add Bristol St. to the corridor.

Council Member Harlan (1st) and Mayor Pro Tem Marr (2nd) agreed to the request.

Council Member Chavez, requested to add East 17th Street to the corridor.

Discussion ensued on adding 17th Street.

Council Member Chavez withdrew the request to add 17th Street.

Ms. Hall Barlow, City Attorney, clarified that the motion includes the staff recommendations 1a-1d and includes the resolution authorizing the written arguments and rebuttals naming the members of the Ad Hoc Committee as who are authorized to write the argument.
151
Minutes – Regular Meeting – August 2, 2022 Page 7 of 8
MOVED/SECOND: Council Member Harlan/Mayor Pro Tem Marr
MOTION: Approve the Ad Hoc Committee recommendation and include the following suggestions from David Martinez: in section 3, to subsection g, remove the word “proposed” from the first line, Include Trinity Broadcast Network property, South side of Baker from Fairview to Mendoza, Bristol St., and removing residentially zoned properties from the map. Approve staff recommendations 1a-1d and include the resolution authorizing the written arguments and rebuttals naming the members of the Ad Hoc Committee as who are authorized to write the argument.

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:

1. City Council placed the ballot initiative entitled “The City of Costa Mesa Revitalization and Residential Neighborhoods Protection Measure” on the November 8, 2022 ballot by adoption of the following resolutions:
a. Resolution 2022-53: 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. Resolution 2022-54: 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 will be the Ad Hoc Committee members, and directing the City Attorney to prepare an impartial analysis; and c. Resolution 2022-55: Authorizing the filing of rebuttal arguments for “The City of Costa Mesa Revitalization and Residential Neighborhoods Protection Measure”; and
d. Resolution 2022-56: Authorizing the filing of a Notice of Exemption pursuant to the provisions of the California Environmental Quality Act.

NEW BUSINESS: NONE.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS - NONE.

ADJOURNMENT – The Mayor adjourned the meeting at 10:55 p.m. in honor and memory of Vin Scully.
152
Minutes – Regular Meeting – August 2, 2022 Page 8 of 8
Minutes adopted on this 6th day of September, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
153
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-839 Meeting Date: 9/6/2022
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.

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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154
File #: 22-839 Meeting Date: 9/6/2022
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.

Page 2 of 2 ends

155
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 August 15, 2022, the COVID-19 pandemic has killed more than 93,378 Californians;
WHEREAS, social distancing measures decrease the chance of spread of COVID- 19;
WHEREAS, this legislative body previously adopted a resolution to authorize 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.

156
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

157
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-816 Meeting Date: 9/6/2022
TITLE:

AUTHORIZE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF FOUR (4) AMBULANCES THROUGH THE HOUSTON-GALVESTON AREA

COUNCIL OF GOVERNMENTS (H-GAC) BUY COOP WITH REDSKY EMERGENCY VEHICLES DEPARTMENT: FIRE DEPARTMENT, FINANCE DEPARTMENT
PRESENTED BY: DAN STEFANO, FIRE CHIEF, KRISTIN STEVENS,

MANAGEMENT ANALYST
CONTACT INFORMATION: DAN STEFANO, FIRE CHIEF, (714) 754-5106 RECOMMENDATION:

Staff recommends the City Council:

1. Authorize City Manager or designee, to enter into a purchase agreement for four (4) ambulances through the Houston-Galveston Area Council of Governments (H-GAC) Buy Coop Purchasing contract # AM10-20 with Redsky Emergency Vehicles (Attachment 1), and secure funding through a master lease agreement.

2. Authorize the City Manager and City Clerk to execute the necessary documents to acquire the additional ambulances
BACKGROUND:

In July 2013, the City purchased six (6) custom 2013 Horton Model 623 rescue ambulances from Leader Industries. Navistar International Corporation (“Navistar”)MaxxForce 7 engines were installed in all six vehicles. All six ambulances went into service in approximately the middle of 2014.

Approximately six months after the vehicles first went into service, the City started experiencing issues with the ambulances. Upon investigation of the issue, the City determined that all six ambulances were “growingoil”.This meant the Navistar engines were flooding the cylinders with fuel during the regeneration process.

Between September 2016 and July 2020, the Fire and Rescue Department staff attempted to work with Navistar to resolve the issue. During this time, Navistar had repairs performed on all six vehicles to attempt to correct the issue. Ultimately, the power plants in all six vehicles were replaced between October 2019 and February 2020. Neither the repairs nor the power plant replacements resolved the issue.

Between February 2021 and November 2021, the City Attorney’s Office and Fire and Rescue

Page 1 of 3 ends

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File #: 22-816 Meeting Date: 9/6/2022
Between February 2021 and November 2021, the City Attorney’s Office and Fire and Rescue Department staff communicated with Navistar representatives to discuss potential resolutions, as the engine defects performed could not be corrected.

In December of 2021, the City received and accepted a legal settlement from Navistar International Corporation for $500,000, which was set-aside for the unresolved and non-repairable engine defects.

The majority of the settlement funds was used to purchase two ambulances.

ANALYSIS:

Public Works Department’sFleet staff has to service each ambulance every 14 days to ensure the ambulances are operational until the needed replacement units can be obtained. Due to the ambulance situation, the replacement parts are not readily available.

This results in that any given time there is at least one ambulance out of service for extended repairs as a result of the above mentioned engine defect. This level of continued mechanical service is not sustainable over the long-term.

As a result of the settlement, all current ambulances have an “as is” status and are no longer supported by the manufacturer. All six current ambulances continue to have the same engine defect and are not sustainable for long-term emergency service.

On June 7, 2022, City Council approved the purchase of two (2) replacement ambulances using the same cooperative agreement. It is staff’srecommendation to replace the remaining four ambulances to ensure continued ambulance services for our community.

The City recommends utilizing the Houston-Galveston Area Council of Governments (H-GAC) Buy Coop Purchasing contract with Redsky Emergency Vehicles (Attachment 3) for the procurement of the four (4) additional ambulances. The agreement meets all of the City’spurchasing requirements and all requirements set forth Section 2-165 (b) (5) of the Costa Mesa Municipal Code, which allows the City to purchase goods, supplies and services through cooperative agreements to receive competitive pricing.

ALTERNATIVES:

The City Council can provide alternative direction to staff.

FISCAL REVIEW:

The cost to replace the four (4) ambulances is estimated at $841,068 (Attachment 2). The City received a $500,000 settlement in 2021-2022, of which the majority was used to purchase two (2) ambulances. Staff is recommending that City Council authorize the City Manager and/or Finance Director to enter into a master lease agreement for funding of the four (4) additional ambulances.

LEGAL REVIEW:

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

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159
File #: 22-816 Meeting Date: 9/6/2022
CITY COUNCIL GOALS AND PRIORITIES:

This item supports the City Council Goals:
· Strengthen the Public’s Safety and Improve the Quality of Life · Achieve Long-Term Fiscal Sustainability
· Recruit and Retain High Quality Staff
CONCLUSION:

The City Council’sapproval for the addition of the four (4) ambulances to the City’sfleet will facilitate and aide the Fire and Rescue department to continue the quality of service and first response services we provide.

Staff recommends the City Council:

1. Authorize City Manager or designee, to enter into a purchase agreement for four (4) ambulances through the Houston-Galveston Area Council of Governments (H-GAC) Buy Coop Purchasing contract # AM10-20 with Redsky Emergency Vehicles (Attachment 1), and secure funding through a master lease agreement.

2. Authorize the City Manager and City Clerk to execute the necessary documents to acquire the additional ambulances.

Page 3 of 3 ends

160
1240 E. Locust Street, Suite 203, Ontario, CA 91761
Four (4) CCL150 TYPE III AMBULANCES
June 29, 2022
FORD E350 4x2 GASOLINE-POWERED CUTAWAY VANS
Brent Turner, Captain
City of Costa Mesa
77 Fair Dr.

Costa Mesa, CA 92626
Dear Brent:

Thank you very much for giving us the opportunity to propose four additional CCL150 Type IIIs for the City of Costa Mesa. We appreciate this and would welcome the opportunity to provide you with more ambulances to match your first two. Below are a few highlights of the proposed ambulances:
•
150” long x 96” wide with 72” headroom
•
California Title 13 compliant siren and steady
burn red warning light
•
All aluminum extruded body, inc. cabinetry
•
Three glove box holder above side entry door
•
Recessed bulkhead for extra seat recline and
comfort in the cab for your people.
•
Aluminum restocking cabinets on streetside
interior
•
Two-step side entry for easy access
•
3rd Battery & Battery slide-out tray
•
Power locks for entry and compartment
doors
•
Child safety seat in attendant’s seat
•
Power inverter with 15 amp auto-eject
•
Grey upholstery
shoreline outlet
•
LED Emergency lights with colored lenses
•
O2 to Go oxygen loading system with
•
Halogen scene and load lights
detachable ramp
•
Net at end of squad bench
•
Anti-theft system
•
CPR Seat with 6-point harness
•
Backup camera with in-cab monitor
•
Stryker universal floor plate with 6370 antlers
•
Floor mount console with lid and cup holders
•
Chassis & module painted red to match Costa
•
Dual backboard storage with two shelves for
Mesa fleet
equipment bags in rear curbside
•
Graphics & Diamond Grade Chevron striping
compartment
•
Knox MedVault installed in module
•
CrestCoat antimicrobial coating on interior
•
USB ports in driver compartment and module
•
Locking drug cabinet above ALS cabinets
•
Antenna bases prewired to front
•
Powder-coated interior for durability and no
•
Opticom Infrared Emitter/GPS
chipping
•
Exhaust routed to driver’s side of vehicle
•
Proven multiplex electrical system with high
reliability and remote factory diagnostics
CCL150 Warranties
•
Bumper to Bumper: 3 years / 55,000 miles
•
Electrical: 5 years / 95,000 miles
•
Structural: Lifetime
We are pleased to extend the below pricing:

RedSky Emergency Vehicles 866.500.5948 redskyemergencyvehicles.com ATTACHMENT 1
161
1240 E. Locust Street, Suite 203, Ontario, CA 91671
Pricing:

Description
Unit Price
Total Price
Four (4) CCL150 Type III Ambulances, Ford E350 Gasoline-Driven $195,900.00*
$783,600.00
Cutaway Vans, per the attached summary specifications
Multi-Unit discount (4-Unit Minimum)
$4,000.00
Sub total
$779,600.00
Sales Tax, Orange County, Costa Mesa, 7.75%

$60,419.00
California Tire Fee, $1.75 / Tire
$12.25
$49.00
Estimated DMV fees, assumes the City of Costa Mesa is exempt $00.00
from registration fees
HGAC Contract Fee

$1,000.00
Total

$841,068.00
*Includes estimated Ford discount of -$3,500 per unit based on City of Costa Mesa GPC code QA683. Registration location must be listed in Ford system. Pricing is subject to change if the chassis price from Ford changes or if the rebate/GPC amount changes or becomes unavailable.

Terms:

Payment Terms: Payment shall be made directly to RedSky Emergency Vehicles or as directed by RedSky at time of delivery.

Delivery:
20 – 24 month estimated delivery. Please note that this estimate is based on Ford E-Series deliveries occurring within an extended but reasonable time frame.

Seller shall not be liable for failure to deliver or for any delay in delivering the motor vehicles covered by this agreement where such failure or delay is due, in whole or in part, to any cause beyond the control or without the fault or negligence of the Seller. Delays from the chassis manufacturer will result in extended delivery time, as will changes to this contract once the order has been placed with Demers Ambulance. Additions or deletions may be made if the vehicle has not passed that point in production at the time of change.

Delivery Terms: FOB City of Costa Mesa, CA
Sales & Use Taxes:

The price for the motor vehicle specified in this agreement does not include Use Taxes (Federal, State, or Local) unless expressly stated. Purchaser assumes and agrees to pay, unless prohibited by law, and such Use, or Occupational Taxes imposed on or applicable to the transaction covered by this agreement, regardless of which party may have primary tax liability.

Validity:

July 15, 2022
Special Note:

Unfortunately, we have no choice but to inform you of the very real possibility of price escalations, discount program reductions, delivery delays, and model year cancellations being passed on by the chassis and ambulance manufacturers. These are unprecedented inflationary times and prices are subject to adjustment by the manufacturers without advance notice. Such adjustment(s) may be reflected dollar for dollar on final invoice from RedSky Emergency Vehicles to the customer.

RedSky Emergency Vehicles 866.500.5948 redskyemergencyvehicles.com 162
1240 E. Locust Street, Suite 203, Ontario, CA 91671
Thank you again for this opportunity. Please don’t hesitate to contact us with any questions you may have.

Respectfully,
Charlotte Young
Charlotte Young
Account Manager
RedSky Emergency Vehicles 866.500.5948 redskyemergencyvehicles.com 163
ATTACHMENT 2
164
165
ATTACHMENT 3
166
167
168
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-842 Meeting Date: 9/6/2022
TITLE:

ACCEPTANCE OF THE CITYWIDE PARKWAY PROJECT - MAINTENANCE ZONES 6 AND 7, CITY PROJECT NO. 20-07
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Accept the work performed by Nationwide Contracting Services, Inc. dba Nationwide General Construction Services (“Nationwide”),for the Citywide Parkway Project - Maintenance Zones 6 and 7, Project, City Project No. 20-07, 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.

BACKGROUND:

On June 2, 2020, the City Council awarded a construction contract to Nationwide for the Citywide Parkway Project - Maintenance Zones 6 and 7.

The City conducts an annual capital improvement program repairing, improving, and installing existing and new concrete parkway infrastructure. The scope of work for the Citywide Parkway Project (“Project”)consists of localized reconstruction of curb and gutter, cross gutters and spandrels, sidewalks, driveway approaches, accessible ramps, new concrete sidewalks, and other work needed to complete the Project in accordance with the project specifications.

Concrete improvements located within the City’sparkways and streets require ongoing repair and maintenance due to age, maturing trees, soil conditions, water intrusion, and traffic loads.

The parkway improvements are citywide, but the project focused on Maintenance Zones 6 and 7, which comprise of the City’s Westside neighborhoods, south of West 19th Street and west of Newport Boulevard.

In addition, new sidewalks were installed along Mesa Drive between Orange Avenue and Club Mesa

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169
File #: 22-842 Meeting Date: 9/6/2022
In addition, new sidewalks were installed along Mesa Drive between Orange Avenue and Club Mesa Place; along Charle Street between Bernard Street and Hamilton Street; and along Bernard Street between Maple Avenue and Harbor Boulevard.

ANALYSIS:

The work required by the contract documents was completed on August 1, 2022 to the satisfaction of the City Engineer. The final contract cost amounted to $3,532,547. A report of the final costs is included as Attachment 1.

A summary of the costs is as follows:

Original Contract Amount: $3,342,325
Quantity Adjustments: $ 190,222
Final Contract Cost: $3,532,547
The final contract cost reflects a 5.7% increase to the original contract amount. The increase is attributable to the driveway repair work at Fire Station No. 4 and added parkway work along Bernard Street, Charle Street, Redwood Avenue, Sandalwood Street, Wake Forest Road, and West 18th Street.

As of this date, there are no Stop Notices filed against the monies due to Nationwide.

Mesa Drive Charle Street
ALTERNATIVES:

This item is administrative in nature, and there are no alternatives to be considered.

FISCAL REVIEW:

The project was completed from available Measure “M2”Fairshare Funds ($1,125,361), Gas Tax Funds ($909,768), and the Capital Improvement Fund ($1,497,418).

LEGAL REVIEW:

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

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170
File #: 22-842 Meeting Date: 9/6/2022
CITY COUNCIL GOALS AND PRIORITIES:

This project works toward achieving the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends the City Council:

1. Accept the work performed by Nationwide Contracting Services, Inc. dba Nationwide General Construction Services (“Nationwide”),for the Citywide Parkway Project - Maintenance Zones 6 and 7, Project, City Project No. 20-07, 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.

Page 3 of 3 ends

171
FOR PAYMENT ON THE WARRANT LIST OF: 8/26/2022 CITY OF COSTA MESA DATE: 8/15/2022 20th (FINAL) Payment to:

NATIONWIDE CONTRACTING SERVICES, INC DBA NATIONWIDE
GENERAL CONSTRUCTION SERVICES PAGE: 1 OF 1
10725 ELLIS AVE, UNIT I, FOUNTAIN VALLEY, CA 92708
PERIOD: 3/1/2021-5/28/2022
PROJECT: CITYWIDE PARKWAY MAINTENANCE PROJECT (ZONES 6 AND 7) CITY PROJECT 20-07
P.O. No. 13661
PROJECT "A"

ITEM BID UNIT PREVIOUS QUANTITY TOTAL QUANTITY PREVIOUS AMOUNT TOTAL ORIGINAL CONTRACT

NO QUANTITY DESCRIPTION PRICE QUANTITY THIS ESTIMATE TO DATE AMOUNT THIS EST TO DATE PRICE 1 13,820 LF Remove and Reconstruct Curb & Gutter (C-6) (6" CMB with 2' AC Slot Pave) $62.00 11,991.0 LF 0.0 LF 11,991.0 LF $743,442.00 $0.00 $743,442.00 $856,840.00 2 1,560 LF Remove and Reconstruct Curb & Gutter (C-8) (6" CMB with 2' AC Slot Pave) $69.00 984 LF 0 LF 984 LF $67,896.00 $0.00 $67,896.00 $107,640.00 3 100 LF Remove and Reconstruct Type "A" Curb $28.00 0 LF 0 LF 0 LF $0.00 $0.00 $0.00 $2,800.00 4 47,070 SF Concrete Sidewalk (4" Concrete over 4" CMB) $14.00 42,357.5 SF 0.0 SF 42,357.5 SF $593,005.00 $0.00 $593,005.00 $658,980.00 5 1,330 L.F. Install Concrete V-gutter
(6” Concrete over 6” CMB with 2’ AC Slot Pave) $46.00 101 L.F. 0 L.F. 101 L.F. $4,646.00 $0.00 $4,646.00 $61,180.00 6 27,010 SF Concrete Driveway/Driveway Approach (6" Concrete over 6" CMB) $16.00 22,174.5 SF 0.0 SF 22,174.5 SF $354,792.00 $0.00 $354,792.00 $432,160.00 7 250 TON Misc AC Pavement (not being paid in other bid items) $170.00 34.2 TON 0.0 TON 34.2 TON $5,814.00 $0.00 $5,814.00 $42,500.00 8 9,470 SF Remove and Reconstruct Concrete Cross Gutter, Spandrel, and Concrete Pad (with 8" CMB and 3' AC Slot Pave) $62.00 8,392.5 SF 0.0 SF 8,392.5 SF $520,335.00 $0.00 $520,335.00 $587,140.00 9 3 EA Remove and Reconstruct Parkway drain No. 2 $2,875.00 2 EA 0 EA 2 EA $5,750.00 $0.00 $5,750.00 $8,625.00 10 380 L.F. Construct Retaining Wall Variable Height (4 ft max) $175.00 216 L.F. 0 L.F. 216 L.F. $37,800.00 $0.00 $37,800.00 $66,500.00 11 66 EA Install Truncated Domes (Yellow) $260.00 36 EA 0 EA 36 EA $9,360.00 $0.00 $9,360.00 $17,160.00 12 3,870 LF Prune Tree Roots and Install Root Barrier $13.00 304 LF 0 LF 304 LF $3,952.00 $0.00 $3,952.00 $50,310.00 13 1,570 LF Paint Curb $5.00 658 LF 0.0 LF 658.0 LF $3,290.00 $0.00 $3,290.00 $7,850.00 14 1 FA Removal and/or Restoration of existing improvements per specifications (fences, parkway concrete, landscaping) $5,000.00 100 % 0 % 100 % $5,000.00 $0.00 $5,000.00 $5,000.00 15 1 FA Additional Work Items $150,000.00 0 % 0 % 0 % $0.00 $0.00 $0.00 $150,000.00

15.01 1 FA Wakeforest Rd install new ADA ramps $38,322.00 100 % 0 % 100 % $38,322.00 $0.00 $38,322.00

15.02 1 FA 18th St and Lions Park install new ADA ramps $17,692.00 100 % 0 % 100 % $17,692.00 $0.00 $17,692.00

15.03 1 FA 18th St Install new Refuge Pedestrian Island $9,626.00 100 % 0 % 100 % $9,626.00 $0.00 $9,626.00

15.04 1 FA ADA sidewalks at 1865 Plumer St $22,512.00 100 % 0 % 100 % $22,512.00 $0.00 $22,512.00

15.05 1 FA Bernard St cg, dw approach reconstruction, abandon sump pump, and reconnection of (4) wm $90,395.00 100 % 0 % 100 % $90,395.00 $0.00 $90,395.00

15.06 1 FA ADA ramp at 1865 Plumer St $5,000.00 100 % 0 % 100 % $5,000.00 $0.00 $5,000.00

15.07 1 FA 565 W. 18th St Police SubStation Traffic Signal Pullbox Sw Reconstruction $4,000.00 100 % 0 % 100 % $4,000.00 $0.00 $4,000.00

15.08 1 FA Charle St new sw, and reconstruction of cg, dw approach and reconnection of (3) wm $115,000.00 100 % 0 % 100 % $115,000.00 $0.00 $115,000.00

15.09 1 FA Charle St new sw, and reconstruction of cg, dw approach and reconnection of (3) wm $96,829.00 100 % 0 % 100 % $96,829.00 $0.00 $96,829.00

15.10 1 FA Redwood Ave, Sandalwood St reconstruction of cg, sw, and dw approach $269,648.45 100 % 0 % 100 % $269,648.45 $0.00 $269,648.45

15.11 1 FA Mesa Dr Water meter and gas adjustments behind meters, and drainage construction behind retaining wall. $68,902.04 100 % 0 % 100 % $68,902.04 $0.00 $68,902.04

15.12 1 FA Additional Locations of Truncated Domes $17,030.00 100 % 0 % 100 % $17,030.00 $0.00 $17,030.00

15.13 1 FA 2984 Royal Palm Dr sidewalk reconstruction w/ 2 sack slurry $12,612.40 29 % 71 % 100 % $3,657.60 $8,954.80 $12,612.40 23a 1,000 L.F. Grind Existing PCC Gutter Plate $17.25 0 L.F. 0 L.F. 0 L.F. $0.00 $0.00 $0.00 $17,250.00 23b 1 LS Procure and furnish walk behind Crate-Plane model # CPM8-9H $7,475.00 100 % 0 % 100 % $7,475.00 $0.00 $7,475.00 $7,475.00 24 1,600 S.F. Concrete Sidewalk at City Parks (6"PCC over native) $17.25 4,979 S.F. 0.0 S.F. 4,978.5 S.F. $85,879.13 $0.00 $85,879.13 $27,600.00 PROJECT "A" TOTAL: $3,207,050.22 $8,954.80 $3,216,005.02 $3,107,010.00 PROJECT "B"
16 5 EA Remove Existing and Reconstruct Curb Ramp per Caltrans Std.

Plan A88A $5,750.00 6 EA 0 EA 6 EA $34,500.00 $0.00 $34,500.00 $28,750.00 17 1,050 S.F. Remove Existing and Construct 4” Thick PCC Sidewalk Over 4” CMB per City of Costa Mesa Std Plan No 411 $20.00 4,467 S.F. 0 S.F. 4,467 S.F. $89,340.00 $0.00 $89,340.00 $21,000.00 18 1,650 S.F.

Remove Existing PCC Sidewalk and unclassified materials to a depth of 4’ below the proposed finish grade and Construct 4” Thick PCC Sidewalk per details shown on plan
$25.00 576 S.F. 0 S.F. 576 S.F. $14,400.00 $0.00 $14,400.00 $41,250.00 19 1,760 S.F. Remove Existing and Construct Cross Gutter per City of Costa Mesa Std Plan No 415 $60.00 1,454 S.F. 0 S.F. 1,454 S.F. $87,240.00 $0.00 $87,240.00 $105,600.00 20 3 EA Concrete Driveway/Driveway Approach
(6” Concrete over 6” CMB) $5,525.00 3 EA 0 EA 3 EA $16,575.00 $0.00 $16,575.00 $16,575.00 21 4 EA Install Truncated Domes (Yellow) $260.00 0 EA 0 EA 0 EA $0.00 $0.00 $0.00 $1,040.00 22 1 LS Install Striping, Legends, and Pavement Markers $21,100.00 100 % 0 % 100 % $21,100.00 $0.00 $21,100.00 $21,100.00 PROJECT "B" TOTAL: $263,155.00 $0.00 $263,155.00 $235,315.00 CO1 1 LS Fire Station #4 AC Parking Lot Reconstruction (12" PCC w/ rebar over 12"CMB) 53,387.08$ 100.00 % 0.00 % 100.00 % $53,387.08 $0.00 $53,387.08 $53,387.08 CHANGE ORDER TOTAL: $53,387.08 $0.00 $53,387.08 $53,387.08 PROJECT "A" AND "B" TOTAL: $3,523,592.30 $8,954.80 $3,532,547.10 $3,395,712.08

CHANGE ORDERS
ATTACHMENT 1
172
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-843 Meeting Date: 9/6/2022
TITLE:

ACCEPTANCE OF THE 2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: BRENDA EMRICK, ACTING EMERGENCY MANAGER
CONTACT INFORMATION: BRENDA EMRICK, ACTING EMERGENCY MANAGER, (714) 327 -7406
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the Agreement to Transfer Funds for the 2021 Emergency Management Performance Grant Program (EMPG) (the “Agreement”) and authorize the City Manager to execute the agreement.

3. Approve revenue and expense appropriations in the amount of $17,429 respectively, for the 2021 EMPG Program.

BACKGROUND:

The City of Costa Mesa has been participating in the EMPG Program since 2001. The purpose of the program is to encourage the development of comprehensive emergency management at the local levels and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. The program provides minimal fiscal support for the City’s efforts in emergency management, disaster preparedness, training, and plans development.

The County of Orange is a grant recipient of the EMPG Program, and participating local jurisdictions, including Costa Mesa, are subrecipients. Annually, the County of Orange, acting through the Sheriff- Coroner Department/Emergency Management Division, in its capacity as the lead agency for the Operational Area, applies for, receives, and accepts the EMPG Program funds from the California Governor’s Office of Emergency Services.

For Fiscal Year 2021, Costa Mesa has been awarded $17,429 in EMPG funds. In order to receive the

Page 1 of 3 ends

173
File #: 22-843 Meeting Date: 9/6/2022
For Fiscal Year 2021, Costa Mesa has been awarded $17,429 in EMPG funds. In order to receive the 2021 EMPG grant funds, the City is required to execute the attached Agreement. Once the County of Orange receives the executed agreement and copy of the resolution authorizing the application for and acceptance of program funds, the County will transfer grant funds to the City, in arrears, for reimbursement of reasonable and permissible expenditures under the grant.

ANALYSIS:

The City puts forth a significant effort towards citywide training, exercises and planning to ensure a state of readiness for emergencies and/or disasters. The EMPG Program focuses on the area of multi-agency coordination in preparedness for City employees and volunteers to support an Emergency Operations Center (EOC) activation during times of major emergencies and/or disasters.

The City has been awarded an amount not-to-exceed $17,429 in 2021 EMPG funds for Fiscal Year 2021. The 2021 EMPG grant funds will be used to purchase technology equipment for the City’s EOC.

The grant funding amount is sufficient to cover all costs associated with the equipment purchase.

ALTERNATIVES:

The City Council may elect not to participate in the EMPG Program. However, this alternative is not recommended as the City would miss a funding opportunity that would help support the City’s Emergency Preparedness Response and recovery efforts in preparing for a major disaster and/or emergency. The City must participate in activities required by the program to be prepared for and assist the community in mitigation, preparedness, response, and recovery efforts prior to and after any major disaster and/or emergency.

FISCAL REVIEW:

Upon approval of the Agreement and acceptance of the 2021 EMPG Program, revenue and expense appropriations in the amount of $17,429 respectively will be established for the grant.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report, the Agreement to Transfer Funds, and the proposed resolution and approved them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Strengthen Public’s Safety and Improve the Quality of Life · Maintain and Enhance the City’s Facilities, Equipment, and Technology.

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File #: 22-843 Meeting Date: 9/6/2022
CONCLUSION:

Staff recommends the City Council:

1. Approve the Agreement to Transfer Funds for the 2021 Emergency Management Performance Grant (EMPG) Program (the “Agreement”) and authorize the City Manager to execute the agreement.

3. Approve revenue and expense appropriations in the amount of $17,429 respectively, for the 2021 EMPG Program.

Page 3 of 3 ends

175
ATTACHMENT - 1
Resolution No. 2022-XX Page 1 of 3

RESOLUTION NO. 2022-XX

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

CALIFORNIA, AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF FISCAL YEAR 20 21 EMERGENCY MANAG EMENT PERFORMANCE GRANT (EMPG)

PROGRAM REIMBURSEMENT ALLOCATION AND AUTHORIZING THE CITY

MANAGER TO ACCEPT PROGRAM FUNDS

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

WHEREAS, the California Governor’s Office of Emergency Services (“Cal OES”) has made funds available through the Emergency Management Performance Grant (“EMPG”) Program for the support of comprehensive emergency management and the improvement of prevention, preparedness, mitigation, response and recovery capabilities for all hazards; and
WHEREAS, the City of Costa Mesa (“City”) wishes to participate in the EMPG Program for the fiscal year 2021; and
WHEREAS, the County of Orange, a political subdivision of the State of California (“County”), will transfer to the City EMPG Program grant funds, in arrears, as necessary to reimburse the City for reasonable and permissible expenditures for grant purposes; and
WHEREAS, the City has been awarded an amount not to e xceed $17,429.00 in EMPG Program funds for the fiscal year 2021.

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

Section 1. The City Council hereby approves the application for and acceptance of funds under the EMPG Program and authorizes the City Manager, or designee, to execute all documents necessary to obtain the grant funds and take all steps necessary to implement this resolution.

Section 2. The City Council hereby agrees:
(a) The City will provide all matching funds required for the grant project and that any cash match will be appropriated as required;
176
ATTACHMENT - 1
Resolution No. 2022-XX Page 2 of 3

(b) Any liability arising out of the performance of the agreement shall be the responsibility of the City;
(c) Grant funds shall not be used to sup plant expenditures controlled by the City Council;
(d) The City Council authorizes the City to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -federal share of the project cost , if any) to ensure proper planning, management and completion of the project described in the application; and
(e) The City Manager is authorized to execute the agreement on behalf of the City.

PASSED AND ADOPTED this 6th day of September, 2022.

________________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

177
ATTACHMENT - 1
Resolution No. 2022-XX Page 3 of 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is t he original of Resolution No. 20 22-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 6th day of September, 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 6th day of September, 2022.

________________________________
Brenda Green, City Clerk (SEAL)

178
CFDA: 97.042

Emergency Management Performance Grant

Department of Homel
and Security

Page
1 of
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28 AGREEMENT TO TRANSFER FUNDS

FOR
202
1 EMERGENCY MANAGEMENT PERFORMANCE GRANT

PROGRAM

THIS AGREEMENT

is entered into this ______ day of

________ 20____,

which date is
enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a politica l
subdivision of the State of California, hereinafter referred to as “COUNTY ,”

and

___________________
, a municipal corporation, hereinafter referred to as “

SUBRECIPIENT
.”

WHEREAS
, COUNTY, acting through its Sheriff
-
Coroner Department, hereinafter referre
d to
as SHERIFF, in its capacity
as the lead agency for the Operational Area,
has applied for, received and
accepted the
Emergency Management Performance
Grant
(hereinafter referred to as “the grant”)

from
the
California
Office of Emergency Services (“CalO
ES”)
.

WHEREAS
, the purpose of the grant is to
support comprehensive emergency management at
the state, tribal and local levels and to encourage the improvement of prevention, protection,
mitigation,
response and recovery capabilities for all hazards
, as se
t forth in Attachment A hereto (
FEMA
Preparedness Grants Manual
), which is attached hereto and incorporated herein by reference.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

1. COUNTY shall transfer to

SUBRECIPIENT

grant funds, in arrears, as necessar
y to
reimburse

SUBRECIPIENT

for reasonable and permissible expenditures for the grant purposes. In order to obtain grant funds,

SUBRECIPIENT

shall comply with the instructions and submit to SHERIFF all required information and documentati
on, as set forth
in Attachment B

(
FY202
1 EMPG
Financial
Management Forms Workbook)
, which is attached hereto and incorporated herein by reference.

2. Throughout their useful l
ife, grant
property and equipment
shall be used by

SUBRECIPIENT

only for grant purposes

in accor
dance with Attachment A

hereto.

3 .

SUBRECIPIENT

shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant

property and equipment as are necess
ary, in order to keep said grant property and equipment continually in good working order.

Attachment B

Page 1 of 4 ends

ATTACHMENT - 2

179
CFDA: 97.042

Emergency Management Performance Grant

Department of Homel
and Security

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28 4.

If grant property or equipment becomes obsolete,

SUBRECIPIENT

shall dispose of it
only in accordance with the instructions of COUNTY or the agency from which CO UNTY received the
grant funds.

5. SUBRECIPIENT

shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in
th
e
Attachment
C

(
FY202
1 Emergency
Manage
ment Performance Grant Program:

California Suppleme
nt

to the
FEMA Preparedness Grants
Manual
; or, The State Guidance
)
, which
is attached hereto and incorporated herein by reference.

6. By executing this Agreement,

SUBRECIPIENT

agrees to comply with and be fully
bound by this Agreement and all applicable prov
i
sions of Attachments A, B,

C
,
and
D
(
Standard
Assurances for all CalOES Federal Grant Programs
)

hereto.

SUBRECIPIENT

shall notify COUNTY
immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreemen
t or Attachments A, B,

C
,

hereto.

7. SUBRECIPIENT

agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials,
officers,
agents and employees from any and all claim
s and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with

SUBRECIPIENT
’s performance of this Agreement
,
including Attachments A, B,

C
,
and D

hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by

SUBRECIPIENT

in the
performance of this Agreement,
including Attachments A, B,

C
,
and
D

hereto.

8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be bi
nding on any of the parties hereto.

9. SUBRECIPIENT

may not assign this Agreement in whole or in part without the express written consent of COUNTY.

10. SUBRECIPIENT

shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterl
y reports and such other reports or records as COUNTY may be Attachment B

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CFDA: 97.042

Emergency Management Performance Grant

Department of Homel
and Security

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28 required to provide to the agency from which COUNTY received grant fund s or other persons or
agencies.

11. For a period of three years after
the
final
Federal Financial Report

hereunder or until all
claims related to this Agreement are finally settled, whichever is later,

SUBRECIPIENT

shall preserve
and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement,
includi
ng Attachments A, B,

C
,
and D

hereto. For the
same time period,

SUBRECIPIENT

shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examin
ation, copying, or mechanical reproduction on or off the premises of

SUBRECIPIENT
, upon request, during usual working hours.

12. SUBRECIPIENT

and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a

period of three years after
the final Federal
Financial Report
hereunder.

13. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to

SUBRECIPIENT

if a)

SUBRECIPIENT

fails to perform any of the covenants
contained in this Ag
reement, including
the applicable terms of
Attachments A, B,

C
,
and
D

hereto, at the
time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed pro per by COUNTY.

14. SUBRECIPIENT

and its agents and employees shall act in an independent capacity in the performance of this Agreement,

including Attachments A, B,

C
,
and D

hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.

15. By signing this Agreement
, SUBRECEIPIENT understands

and agrees

that:
a.

Failure to follow grant guidance, including those detailed below, will result in ineligibility for any reimbursement un
der the FY
2 1

EMPG:
b.

A SUBRECIPIENT

representative must attend half of the Orange County Emergency Managers Organization meetings held from Ju
ly 1, 202
1 through June 30, 202
3 ;
Attachment B

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ATTACHMENT - 2
181
CFDA: 97.042

Emergency Management Performance Grant

Department of Homel
and Security

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12 13

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28 c.

SUBRECIPIENT

must maintain

N
ational Incident Management System (N
IMS
)
compliance
;
d.

For any pe
rsonnel whose salary is charged to the grant, that specific individual must meet the training and exercise requirements set forth in the grant guidance; e.

Only those expenditures specifically detailed in the Financial Management Forms Workbook are approved
for funding; any changes must be pre
-
approved by the
California Office of Emergency Services
;

IN WITNESS WHEREOF,
the parties have executed this A
greement

in the County of Orange,
State of California.

DATED:
________________
, 20___

COUNTY OF ORANGE, a po
litical subdivision
of the State of California

By ____________________________________

Sheriff
-
Coroner

“COUNTY”

APPROVED AS TO FORM

COUNTY COUNSEL

By ___________________________________

Wendy J. Phillips, Senior Deputy

DATED:
______________
__
, 20___

SUBRECIPIENT ________________________

By ____________________________________

ATTEST:

_________________________________

City Clerk

DATED:

Attachment B

Page 4 of 4 ends

ATTACHMENT - 2
182
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-844 Meeting Date: 9/6/2022
TITLE:

APPROVAL TO HIRE FULL-TIME CUSTODY STAFF FOR COSTA MESA POLICE JAIL

OPERATION SERVICES
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: DAVID CASAREZ, LIEUTENANT
CONTACT INFORMATION: DAVID CASAREZ, LIEUTENANT, 714-754-5266 RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the City Manager or designee to increase the City’stable of organization to account for eleven (11) full-time custody staff to facilitate Costa Mesa Jail Operations.

2. Adopt Resolution Number 2022-XX, which amends Resolution Number 2022-35, establishing the new Custody Supervisor classification and corresponding salary range.

3. Authorize the appropriation of $175,215 from the General Fund’s(101) fund balance for Police Department custody staff to facilitate Costa Mesa Jail Operations.

BACKGROUND:

In June 2013, the City of Costa Mesa began contracting for jail services with G4S Secure Solutions (USA) Inc. (“G4S”).The contract was for a three-year term, with the option to extend the term of the contract for two additional one-year periods. The City and G4S exercised the extension options, extending the term through June 25, 2018.

In November 2017, the City released a Request for Proposal (RFP No. 18-06) for jail services in anticipation of the current G4S contract expiring on June 25, 2018. The City received one response to the RFP, which was from G4S. The proposal was for jail services at a cost not-to-exceed: Year 1 - $851,261; Year 2 - $887,491; and Year 3 - $924,098. The proposed contract with G4S contained two additional one-year extension options, the first of which was exercised in June 2021, with an expiration date of June 30, 2022 at an annual cost not-to-exceed $924,098. In March of 2022, G4S was purchased by Allied Universal, which agreed to continue jail services under the same contract agreement.

In May 2022, Allied Universal was unable to meet Costa Mesa’sjail services needs pursuant to the contract. On May 17, 2022, City Council approved the termination of the professional services agreement for jail services between Allied Universal, assignor of G4S Secure Solutions (USA) Inc. and the City of Costa Mesa, and authorized the City Manager or designee to negotiate an agreement

Page 1 of 3 ends

183
File #: 22-844 Meeting Date: 9/6/2022
and the City of Costa Mesa, and authorized the City Manager or designee to negotiate an agreement with the City of Huntington Beach for temporary jail services and/or to hire temporary staffing to operate the Costa Mesa Jail.

To mitigate the impact on police operations, seven (7) temporary part-time custody officers have been hired. However, this is not a permanent solution in resolving the staffing requirements to safely operate the jail.

ANALYSIS:

The City’sType 1 jail facility is operational 24 hours a day, 365 days a year and governed by the Board of State and Community Corrections (BSCC). Title 15 requires a sufficient number of properly trained personnel be employed in each local detention facility to ensure the safety of personnel and arrestees.

To move forward with a permanent solution, staff is recommending the City hire full-time custody staff as city employees. In order to provide the required staffing levels, one (1) newly established full-time classification of Custody Supervisor and ten (10) Custody Officer positions is recommended. This has been the Jail’sstaffing level for the past nine years and has been approved by the BSCC for safe operation. The annual contract rate for FY 22-23 with Allied Universal was proposed at $945,502.

The annual cost moving forward with the additional staff would be approximately $1.12 million, which is lower than the City’s FY 2012-13 budgeted cost for jail services of $1.3 million.

ALTERNATIVES:

The City Council could decide not to authorize the hiring of full-time custody staff to facilitate the City jail; however, if the jail facility is closed, officers would be required to complete the booking process themselves and transport the arrestees directly to Orange County Jail in Santa Ana. This is not recommended because it would negatively impact police services by delaying response times in jurisdiction.

FISCAL REVIEW:

The City’scost for jail services is budgeted annually based upon the approved and active contract for jail services. The allocation budget for jail services through Allied Universal for FY 22-23 is $945,502.

Upon City Council approval, an additional appropriation of $175,215 from the General Fund’s(101) fund balance will be added to the Police Department’s FY 22-23 Operating Budget.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Strengthen the Public’s Safety and Improve the Quality of Life · Recruit and Retain High Quality Staff

Page 2 of 3 ends

184
File #: 22-844 Meeting Date: 9/6/2022
CONCLUSION:

Staff recommends the City Council:

1. Authorize the City Manager or her designee to increase the City’s table of organization to account for eleven (11) full-time custody staff to facilitate Costa Mesa Jail Operations.

2. Adopt Resolution Number 2022-XX, which amends Resolution Number 2022-35 establishing the new Custody Supervisor classification and corresponding salary range.

3. Authorize the appropriation of $175,215 from the General Fund’s(101) fund balance for Police Department custody staff to facilitate Costa Mesa Jail Operations.

Page 3 of 3 ends

185
Attachment - 1
Resolution No. 2022-XX Page 1 of 2

RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 2022 -35 BY ESTABLISHING A NEW

CLASSIFICATION REPRESENTED BY THE CITY OF COSTA MESA CITY

EMPLOYEES ASSOCIATION AND ESTABLISHING THE PAY RANGES FOR THE NEW CLASSIFICATION.

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

WHEREAS, on June 7, 2022, the City Council adopted Resolution No. 2022-35, revising the pay ranges for job classifications in the Costa Mesa City Employees Association, effective June 19, 2022; and
WHEREAS, the City Council desires to amend Resolution No. 2022-35, to establish the new job classification of Custody Supervisor and to establish the pay ranges for the new classification.

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

SECTION 1. The Costa Mesa City Council hereby amends Resolution No. 2022- 35 to establish the new job classification of Custody Supervisor and to establish the pay ranges for the new job classification as set forth herein.

SECTION 2. Section 3 of Resolution No. 2022-35 is hereby amended to add the Custody Supervisor job classification at the salary range and monthly rates of pay specified below, effective September 11, 2022.

Class Class Title Salary Grade Step
Code Plan 1 2 3 4 5 6 7
0190 Custody Supervisor CMC 612 $8,085 $8,489 $8,913 $9,359 $9,827 $10,318 $10,834 Monthly $97,020 $101,868 $106,956 $112,308 $117,924 $123,816 $130,008 Annual $46.64 $48.98 $51.42 $53.99 $56.69 $59.53 $62.50 Hourly

SECTION 3. Except as modified by this Resolution, Resolution No. 2022-35 shall remain in full force and effect.

186
Attachment - 1
Resolution No. 2022-XX Page 2 of 2

PASSED AND ADOPTED this 6th day of September, 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 6th day of September, 2022, by the following roll call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 21st day of September, 2022.

______________________________
Brenda Green, City Clerk

187
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-845 Meeting Date: 9/6/2022
TITLE:

ACCEPTANCE AND ALLOCATION OF THE 2022-23 OFFICE OF TRAFFIC SAFETY GRANT FOR

THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: DANIEL MILES, SERGEANT
CONTACT INFORMATION: DANIEL MILES, SERGEANT, (714) 754-4963 RECOMMENDATION:

Staff recommends the City Council:

2. Approve revenue and expense appropriations in the amount of $265,000 respectively, for the 2022-23 OTS STEP grant.

BACKGROUND:

The National Highway Transportation Safety Administration distributes federal funding to California through the Office of Traffic Safety. Grants are used to mitigate traffic safety program deficiencies, expand ongoing programs, and/or to develop new programs. Grant funding cannot replace existing program expenditures, nor can traffic safety funds be used for program maintenance, research, rehabilitation, and/or construction. The Costa Mesa Police Department has been awarded similar grants in the past, which have significantly assisted the objectives of the Traffic Safety Bureau and improved traffic safety for residents and visitors in Costa Mesa.

ANALYSIS:

Since 2005, the Office of Traffic Safety has awarded the Costa Mesa Police Department 17 traffic safety related grants. The funds associated with these grants were used to purchase specialized equipment and to fund the cost of personnel working targeted traffic operations.

The Office of Traffic Safety assembles collision data rankings based on city population numbers.

The most recent year of compiled statistics used by OTS was from 2019. Costa Mesa was then ranked with 58 other cities with a population of 100,001-250,000.

Along with injury collisions, impaired driving enforcement has always been a top priority for the

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File #: 22-845 Meeting Date: 9/6/2022
Along with injury collisions, impaired driving enforcement has always been a top priority for the Costa Mesa Police Department. From 1986-2014, the Department staffed a full-time impaired driving enforcement team consisting of two (2) full-time officers. However, based on Police Department contraction in previous years, the full-time DUI Team was discontinued in 2014. The DUI team was re-established in January 2019; however, it was suspended due to staffing challenges. The DUI Team was again established in January 2021. The previous STEP Grant was used to supplement the DUI Team by funding officers to saturate the area looking for suspected DUI drivers. Without this grant, the Department’s ability to address DUI drivers is limited.

Aside from the DUI enforcement team, the STEP Grant funds DUI checkpoints. These checkpoints are educational, highly visible, and provide a deterrent against impaired driving. The Department’s commitment to DUI enforcement is evident in the OTS data rankings. In the study, Costa Mesa had the best ranking for DUI arrests in 2012 (847 arrests) and 2013 (717 arrests) out of 56 cities in the population group. During those years, the Department had a full-time DUI team.

As set forth in the OTS rankings, in 2013, the Costa Mesa Police Department made 717 DUI arrests for the year. With the absence of the DUI team, the Department made 356 DUI arrests in 2014, 356 DUI arrests in 2015, 421 DUI arrests in 2016, and 345 arrests in 2017. Based on the City’sdata, the Department made 397 DUI arrests in 2018, 461 DUI arrests in 2019, 308 DUI arrests in 2020, and 1,093 DUI arrests in 2021.

With the 2014 addition of driving under the influence of drugs (DUID) provisions to the California Vehicle Code (CVC) (Sections 23152(f) and (g)), we are now able to accurately track the DUID problem in Costa Mesa. In 2014, 37 arrests were made for DUID or combinations of drugs/alcohol and that number nearly doubled in 2015 to 63. Subsequently, there were 75 DUID arrests in 2016, 107 DUID arrests in 2017, 106 DUID arrests in 2018, 65 DUID arrests in 2019, 127 DUID arrests in 2020, and 135 DUID arrests in 2021.

The Police Department submitted applications and received tentative approval for the 2022-23 OTS STEP Grant. The grant will allow the Department to implement the Selective Traffic Enforcement Program (STEP). This program will provide a comprehensive approach to reducing violations, which commonly lead to collisions while maintaining a focus on impaired and suspended/unlicensed drivers. Grant funds will be used to staff sobriety/driver license checkpoints and to staff targeted enforcement operations. In addition, funds will be used to purchase operation related equipment and support additional law enforcement training related to DUI investigations and enforcement activities.

The implementation of this training, along with the STEP enforcement operations, will help achieve the overall goal of reducing injury collisions, saving lives, and reducing liability.

The Department’scurrent grant expires on September 30, 2022. The 2022-2023 grant will enable the Police Department to build upon successes achieved to date, while providing new objectives for increasing traffic safety throughout the City. The funding will allow the Department additional resources to combat impaired driving and enforce traffic laws aimed at saving lives. Objectives of the OTS grant include DUI saturation patrols; traffic enforcement operations targeting red light, excessive speed; distracted driving violations; traffic enforcement at high collision intersections; and sobriety/driver license checkpoints.

Some specific project objectives from the Grant Agreement include:

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File #: 22-845 Meeting Date: 9/6/2022
· Conduct four DUI/DL checkpoints.
· Conduct 21 DUI saturation patrols.
· Conduct 17 special traffic enforcement operations targeting red light, excessive speed, and other violations at or near intersections with a disproportionate number of traffic collisions. · Conduct three special enforcement operations targeting distracted driving violations. · Conduct two bicycle and pedestrian safety enforcement operations. · Provide advanced officer training in DUI enforcement to eight officers.

OTS grant funding is based on the federal fiscal year, which begins on October 1, 2022, and ends on September 30, 2023. The Grant Agreement allocates $265,000, which will be utilized over the federal fiscal year 12-month period. OTS will reimburse the City for approved grant expenditures throughout the grant period.

ALTERNATIVES:

The City Council may elect not to accept the grant; however, the Department would not be able to pursue the specific goals outlined in this report.

FISCAL REVIEW:

Upon acceptance of the 2022-23 OTS STEP Grant, revenue and expense appropriations in the amount of $265,000 respectively will be established for the grant. The grant period is from October 1, 2022, to September 30, 2023.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed the 2022 OTS STEP Grant Agreement, proposed resolution, and this report, and has approved 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. Approve the proposed Resolution No. 2022-XX, which ratifies the application for a grant award from the State of California - Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) and authorizes the City Manager or her designee to execute all grant documents, including the Grant Agreement, and accept and administer the grant.

2. Approve revenue and expense appropriations in the amount of $265,000 respectively, for the 2022-23 OTS STEP Grant.

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190
Attachment - 1

Resolution No. 2022-xx Page 1 of 2

RESOLUTION NO. 2022-xx

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

CALIFORNIA, RATIFYING THE APPLICATION FOR A GRANT AWARD FROM THE

CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM AND AUTHORIZING THE CITY MANAGER OR HER

DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS , AND ACCEPT AND

ADMINISTER THE GRANT

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

WHEREAS, the California Office of Traffic Safety (OTS) has establi shed the Selective Traffic Enforcement Program (STEP) grant with the objective of reducing the number of persons killed and injured in crashes involving alcohol and other primary collision factors; and
WHEREAS, OTS has allocated to the City of Costa Mesa $265,000 in grant funds for the period of October 1, 2022 through September 30, 2023; and WHEREAS, the City of Costa Mesa supports the Program goals and wishes to participate in the Program; and
WHEREAS, the City Council desires to authorize the City Manager or her designee to execute all grant documents and accept and administer the grant.

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

Section 1. The City Council hereby ratifies the application for a STEP grant from the California Office of Traffic Safety.

Section 2. The City Council hereby authorizes the City Manager or her designee is to execute all grant documents, including the grant agreement, accept and administer the grant, and take all steps necessary to implement this authorization and STEP requirements and objectives.

PASSED AND ADOPTED this 6th day of September, 2022.

_____________________________
John Stephens, Mayor
191
Attachment - 1

Resolution No. 2022-xx Page 2 of 2

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 6th day of September, 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 6th day of September, 2022.

________________________
Brenda Green, City Clerk

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT23097

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Costa Mesa From:

To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Costa Mesa Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $265,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Dan Miles

Sergeant - Special Events

[email protected]

(714) 754-4963

99 Fair Drive
Costa Mesa, CA 92626
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Lori Ann Farrell Harrison

City Manager

[email protected]

(714) 754-5328

77 Fair Drive
Costa Mesa, CA 92626

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Carol Molina

Finance Director

[email protected]

(714) 754-5036

77 Fair Drive
Costa Mesa, CA 92626
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $265,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$265,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $265,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

VLGSYJVFJ4M7

77 Fair Drive
Costa Mesa
92627-6520
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT23097

1. PROBLEM STATEMENT
Fatal Traffic Crashes:

The last year of successfully obtaining ZERO fatalities was in 2012. Since 2015 (8 fatalities), we have had a slight decrease in yearly fatalities. The decrease can be attributed to OTS funding for additional enforcement. We had six fatalities during the calendar year of 2016, five in 2017, six in 2018, five in 2019, and five in 2020. The majority of fatal traffic crashes involved motorcycles and pedestrians. During the course of our fatal traffic crash investigations, the Costa Mesa Police Department observed a variety contributing factors, including driving under the influence of both alcohol and/or drugs and right of way violations involving motorcyclists, bicycles and pedestrians. According to SWITRS (2019), Costa Mesa ranked 34th worst for total fatal and injury crashes out of 59 other cities in our population group.

DUI Traffic Crashes:

In Costa Mesa, DUI continues to be a major problem. In 2015, we had three alcohol-involved fatal traffic crashes. Costa Mesa has always had a serious DUI problem due to numerous ABC establishments located within the city boundaries, a highly traveled freeway terminating in our city, and our city roadways being used for freeway access to two large beach cities, Newport Beach and Huntington Beach. In 2017, we saw a decline in DUI involved fatalities (2) and a rise in DUI arrests (389), attributed to OTS DUI saturation patrols and increased officer education through SFST's and ARIDE programs. Due to the COVID-19 pandemic, no officers were sent for SFST, ARIDE, and DRE training in 2020. Officers new to the Traffic Safety Bureau will attend SFST, ARIDE, and DRE training in the near future. According to SWITRS (2019), Costa Mesa ranked 20th worst for alcohol-involved crashes out of 59 other cities in our population group.

Distracted Drivers:

Nationally, there has been an increase in distracted driving involved traffic crashes, both non-injury, and injury. An OTS Statewide Intercept Opinion Survey revealed that 36.3 percent of Californians stated texting and talking on cellular telephones are the biggest safety concerns on California roadways. Although we are unable to quantify the number of traffic crashes in the City of Costa Mesa related to distracted driving, we believe it is responsible for a major portion of our unsafe speed, rear-end traffic crashes.

DUID Driving:

The problem of driving under the influence while drugged (DUID) continues to rise. Of all drivers killed in motor vehicle crashes, who were tested, 29 percent proved positive for legal and/or illegal drugs. This percentage has been increasing every year since 2006. With the 2014 addition of the DUID law subsections, CVC 23152(f) and CVC 23152(g), we are now able to accurately track the DUID problem in the City of Costa Mesa. In 2017, there was an increase from previous years due to the easy accessibility of drugs, namely marijuana and prescription drugs. Because of the continued training classes offered to officers regarding DUID through OTS grant-funded training, the City of Costa Mesa had 1097 arrests for DUID or Driving under the influence of a combination of alcohol and drugs during 2021.

Motorcyclists:

In the city of Costa Mesa, the number of motorcyclist fatalities has remained consistent over the past five years - 2017 (2), 2018(1), 2019 (2), 2020 (0) and 2021 (1). According to SWITRS (2019), the City of Costa Mesa ranked 11th worst for total motorcycle injury crashes out of 59 other cities in our population group.

Pedestrian & Bicyclists:

Pedestrians and bicyclists are the most vulnerable to injury and death when involved in a motor vehicle traffic crash. High visibility enforcement is a direct contribution to the decline in both bicycle and pedestrian fatal and injury traffic crashes. The Costa Mesa Police Department has investigated numerous pedestrian and bicycle fatal and injury traffic crash over the past five years. Those fatal traffic crash investigations include: three pedestrian fatalities in 2016, one bicyclist and two pedestrian fatalities in 2017. One pedestrian fatality in 2018, two pedestrian fatalities in 2019, two pedestrian and two bicyclist fatalities in 2020, and one pedestrian fatality in 2021.

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Traffic Enforcement Staffing:

Police Department budgets and staffing levels have reduced the number of officers on the street enforcing traffic laws. In the past, the Costa Mesa Police Department was adversely affected by a decrease in sworn personnel. The Traffic Safety Bureau staffing was severely impacted. As of 2022, we are currently at 133 sworn officers of the fully authorized staffing level of 143 sworn officers. Of the 133 sworn officers, three are on long term, injured-on-duty leave with uncertain return to work dates. We currently have ten dedicated Traffic Officers, one Special Events Officer, one Traffic Investigator, and two Traffic Sergeants. As of January 6, 2021, the Costa Mesa Police Department Traffic Safety Bureau implemented a dedicated two officer DUI enforcement team.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 12 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 8 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 4

7. Send law enforcement personnel to the DRE Recertification training. 2

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs 4 196

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for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.

9. Conduct DUI Saturation Patrol operation(s). 21

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
17 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Participate in highly visible collaborative DUI Enforcement operations. 3

16. Participate in highly visible collaborative Traffic Enforcement operations. 2

17. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted this quarter.  All grant related purchases needed to implement the program should be made this quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

 Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
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 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
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C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT23097

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$175,000.00
402PT-23 20.600 State and Community Highway
Safety
$90,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $13,600.00 4 $54,400.00
DUI Saturation Patrols 164AL-23 $3,725.00 21 $78,225.00 Collaborative DUI Enforcement 164AL-23 $2,600.00 3 $7,800.00 Benefits for 164AL - OT @ 23.82% 164AL-23 $140,425.00 1 $33,449.00 Traffic Enforcement 402PT-23 $2,560.00 17 $43,520.00
Distracted Driving 402PT-23 $2,560.00 3 $7,680.00
Motorcycle Safety 402PT-23 $2,560.00 2 $5,120.00
Pedestrian and Bicycle Enforcement 402PT-23 $2,560.00 2 $5,120.00 Collaborative Traffic Enforcement 402PT-23 $2,560.00 2 $5,120.00 Benefits for 402PT - OT @ 23.82% 402PT-23 $66,560.00 1 $15,855.00 Category Sub-Total $256,289.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $2,595.00 1 $2,595.00
$0.00
Category Sub-Total $2,595.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-23 $1,126.00 1 $1,126.00
Drone Mapping Software 402PT-23 $4,990.00 1 $4,990.00
Category Sub-Total $6,116.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $265,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT23097

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL - OT @ 23.82% - Benefits breakdown:

Medicare 1.45%
Unemployment .16%
Workers Comp 10.47%
Other Comp 11.74%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits for 402PT - OT @ 23.82% - Benefits breakdown:

Medicare 1.45%
Unemployment .16%
Workers Comp 10.47%
Other Comp 11.74%

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Drone Mapping Software - Digital mapping software to be used in conjunction with a department supplied drone and computer for traffic crash reconstruction.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
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There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT23097

CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended  Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94  23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs  2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).

The Subgrantee-
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 Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted;  Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
 Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
 Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance;  Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—

a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an 204

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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements

The signed certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

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Instructions for Primary Tier Participant Certification (States)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions

(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 206

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rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Participant Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

208
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-799 Meeting Date: 9/6/2022
TITLE:

SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN

IDENTIFYING FUNDING PRIORITIES FOR THE HOME-AMERICAN RESCUE PLAN (ARP)

ALLOCATION PLAN
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/HOUSING AND

COMMUNITY DEVELOPMENT
PRESENTED BY: MIKELLE DAILY, GRANT ADMINISTRATOR
CONTACT INFORMATION: MIKELLE DAILY, GRANT ADMINISTRATOR, 714-754-5678 RECOMMENDATION:

Staff recommends the City Council:

1. Hold a Public Hearing regarding the FY 2021-2022 Substantial Amendment to the Annual Action Plan.

2. Approve the recommended allocation of $1,816,742 for the HOME-ARP Allocation Plan, a Substantial Amendment to the FY 2021-2022 Annual Action Plan.

3. Adopt Resolution No. 2022-XX in order to:
a. Approve the HOME-ARP Allocation Plan, a Substantial Amendment to the 2021-2022 Annual Action Plan.
b. Authorize the City Manager, or the City Manager’s designee, to submit the 2021-2022 Annual Action Plan Substantial Amendment to the U.S. Department of Housing and Urban Development.
c. Designate the City Manager, or the City Manager’sdesignee, as the official representative of the City to administer the programs and to execute and submit all required agreements, certifications, and documents required by HUD, and execute all agreements for the use of funds approved in the 2021-2022 Annual Action Plan Substantial Amendment.

4. Authorize revenue and expense appropriations, respectively, each in the amount of $1,816,742, for the HOME-ARP Allocation Plan.

BACKGROUND:

HOME-ARP Funds
On March 11, 2021, the American Rescue Plan Act of 2021 (ARP) was signed into law. To address

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File #: 22-799 Meeting Date: 9/6/2022
On March 11, 2021, the American Rescue Plan Act of 2021 (ARP) was signed into law. To address the need for homelessness assistance and supportive services, $5 billion in federal ARP funds were appropriated and administered through the federal HOME Investment Partnerships Program (HOME). On April 8, 2021, the U.S. Department of Housing and Urban Development (HUD) allocated HOME-ARP funds to 651 grantees using the HOME formula established in 24 CFR 92.50 and 92.60.

As a recipient of HOME funds, the City of Costa Mesa is eligible to receive a HOME-ARP allocation in the amount of $1,816,742.

Eligible Activities
HOME-ARP funds can be used to fund four activities that must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness or in other vulnerable populations. These activities are:
(1) Development and support of affordable housing;
(2) Provision of supportive services;
(3) Tenant-based rental assistance (TBRA); and
(4) Acquisition and development of non-congregate shelter units.

Of these four activities eligible for HOME-ARP funds, the activities that would best serve qualifying individuals and families in Costa Mesa include (1) the development and support of affordable housing and (2) the provision of supportive services.

A TBRA program that uses HOME-ARP funds can only assist qualifying individuals (homeless or at risk of homelessness as specifically defined below). In addition, the City Council has already allocated $1.6 Million for rental assistance programs using less restrictive funding sources which allow the City to serve a greater proportion of City residents in need. As such, funding TBRA with HOME-ARP funds would not expand the reach of existing rental assistance and HOME-funded TBRA programs currently in operation. Therefore, staff does not recommend using HOME-ARP funds to augment the existing TBRA program.

Regarding non-congregate shelter units, the City of Costa Mesa acquired and developed the 70 bed Bridge Shelter to serve individuals experiencing unsheltered homelessness and is in the expedited process of creating 88 affordable housing units with support services for veterans and seniors through the Homekey program. These approaches provide the appropriate level of resources for those working toward housing stability. Creating non-congregate shelter units using HOME-ARP funds is not recommended at this time.

Lastly, the feedback that was received during the HOME-ARP Allocation Plan outreach supports the determination that activities (1) and (2) listed above are the best use of HOME-ARP funds for the City of Costa Mesa.

Qualifying Populations
The purpose of HOME-ARP funding is to provide homelessness assistance and supportive services to those who are homeless or at risk of becoming homeless. HUD identifies these individuals as part

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of “qualifying populations” with very specific definitions for qualifying individuals and families.

ARP defines qualifying individuals or families as those that are (1) homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. 11302(a)) (“McKinney-Vento”),(2) at risk of homelessness, as defined in section 401 of McKinney-Vento (e.g. have an annual income below 30% of the median income for the area and do not have permanent housing, for example living in a hotel, , living in the home of another, etc.); (3) fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; (4) part of other populations where providing supportive services or assistance would prevent a family’s homelessness or would serve those with the greatest risk of housing instability; or (5) veterans and families that include a veteran family member that meet the criteria of (1)-(4) above.

Allocation Plan Required
To receive its HOME-ARP funds, the City must engage in consultation and public participation processes, develop a HOME-ARP allocation plan that meets the HUD requirements, and submit it to HUD as a substantial amendment to the City’sFiscal Year 2021 Annual Action Plan. The HOME-ARP allocation plan must describe how the City intends to distribute HOME-ARP funds, including how it will use these funds to address the needs of HOME-ARP qualifying populations.

HOME-ARP Outreach and Consultation
On March 21, 2022, staff hosted a HOME-ARP consultation meeting with nonprofit service providers and distributed surveys to gather feedback on existing gaps in services for vulnerable populations in Costa Mesa.

On March 31, 2022, staff participated with the Orange County Continuum of Care (CoC) in a consultation meeting to gather feedback on proposed activities for the HOME-ARP Allocation Plan.

On April 5, 2022, a HOME-ARP survey was posted on the City’s website to gather additional feedback from the community regarding potential funding priorities.

On May 3, 2022, the City Council held a public hearing after providing a 15-day public comment period for the draft HOME-ARP Allocation plan. Approval of the plan was continued at that time so that staff could provide the City Council with additional information including a comprehensive summary of the various funding sources and rental assistance programs already available to residents in the City. Staff provided a comprehensive overview of Citywide rental assistance programs at the June 21, 2022 City Council meeting.

On July 1, 2022 and on August 21, 2022, the City re-advertised and posted the modified draft HOME- ARP Allocation Plan on the City’s website and at City Hall for additional public comment.

Lastly, the City Council will hold a public hearing on September 6, 2022 regarding the submittal of the FY 2021-2022 Substantial Amendment for the HOME-ARP Allocation Plan to HUD.

ANALYSIS:

Page 3 of 7 ends

211
File #: 22-799 Meeting Date: 9/6/2022
Community Feedback
Staff received valuable feedback from non-profit service and affordable housing providers and organizations via in-person and virtual outreach meetings, online survey results, and phone and email correspondence. (A summary of the feedback is provided below and within the Allocation Plan itself). In general, feedback indicated a need to focus on:
· Increasing availability/affordability of housing units; · Mental health and substance abuse supportive services for youth, survivors of domestic violence and individuals experiencing homelessness;
· Supportive and wrap-around services such as transportation, legal services, credit repair and assistance with landlord/tenant relations;
· Case management services;
· Services for seniors, the disabled, and monolingual Spanish speakers; and · Support for existing programs to ensure continuity of current services.

Recommended HOME-ARP Allocation Plan
The City will receive $1,816,742 in HOME-ARP funds once the FY 2021-2022 Substantial Amendment for the HOME-ARP Allocation Plan is submitted and approved by HUD. Based on an analysis of housing/community needs, an assessment of current services available to the qualifying populations, and community feedback, staff is recommending funding for two HOME-ARP eligible activities:

1. Development and Support of Affordable Housing

2. Supportive Services including those defined at 24 CFR 578.53(e) · McKinney-Vento Supportive Services
· Homelessness Prevention Services; and
· Housing Counseling Services
The Allocation Plan (attached) provides a funding allocation for each of the above-listed activities.

Based on the community feedback, staff anticipates a substantial demand for funds for supportive services. However, there is also a clear need for funding to support affordable housing projects as well. As such, staff is recommending that the City Council approve an Allocation Plan that equally divides HOME-ARP funds between supportive services and affordable housing by allocating $772,116 for each activity. Refer to Table 1 below for the staff recommended HOME-ARP Allocation Budget.

It should be noted that these allocations are estimates and no specific projects are known at this time. A Request for Proposals (RFP) will be issued for both categories of projects. Depending on the proposals received, HOME-ARP funds may be allocated to either Supportive Services and/or

Page 4 of 7 ends

212
File #: 22-799 Meeting Date: 9/6/2022
proposals received, HOME-ARP funds may be allocated to either Supportive Services and/or Development of Affordable Rental Housing based on the proposals received. After the City has selected a proposal(s), the City will adjust the amount of funding allocated in either category, not to exceed the total HOME-ARP allocation of $1,816,742.

Development and Support of Affordable Housing
HOME-ARP funds may be used to acquire, rehabilitate or construct affordable rental housing primarily for occupancy by households of individuals and families that meet the definition of one or more of the qualifying populations under HUD regulations. Eligible HOME-ARP rental housing includes manufactured housing, single room occupancy (SRO) units, and permanent supportive housing. HOME-ARP funds may be used to pay for up to 100% of the following eligible costs associated with the acquisition, development, and operation of HOME-ARP rental units: development hard costs, refinancing, acquisition, related soft costs, relocation costs, costs related to payment of loans, and operating cost assistance. There is a 15-year compliance period. Staff recommends allocating $772,116 in HOME-ARP funds for the Development and Support of Affordable Housing.

Supportive Services
HOME-ARP funds may be used to provide a broad range of supportive services to qualifying individuals or families as a separate activity or in combination with other HOME-ARP activities.

Supportive services include a) services listed in section 401(29) of the McKinney-Vento Homeless Assistance Act (“McKinney-VentoSupport Services”)b) homeless prevention services and c) housing counseling services. Supportive services may be provided to individuals and families who meet the definition of a qualifying population (i.e. homeless and at risk of homelessness as described earlier in this report). Examples of supportive services that could be eligible include: mental health services, legal services, landlord/tenant liaison services, employment assistance and job training, financial assistance, and other similar services. Staff recommends allocating $772,116 in HOME-ARP funds for Supportive Services.

Page 5 of 7 ends

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File #: 22-799 Meeting Date: 9/6/2022
Administration
HUD allows the City to allocate up to 15 percent of its HOME-ARP allocation for payment of reasonable administrative and planning costs including program management, coordination, monitoring, and evaluation. Eligible program administration expenditures include program staff salaries and benefits, contract services, legal services, and other costs for good and services required for administering the HOME-ARP program. Based on the City’sHOME-ARP grant amount, a maximum of $272,510 is available for program administration.

Noticing Requirements and Public Comment
As required by HUD, a notice was published in local newspapers on April 17, 2022, inviting the public to review and comment on the draft HOME-ARP Allocation Plan, a Substantial Amendment to the 2021-2022 Annual Action Plan. The comment period began April 18, 2022, and concluded on May 3, 2022. The notice also announced the May 3, 2022 City Council public hearing. No comments were received. A second notice was published in the local newspapers on July 3, 2022, inviting the public to review and comment on the revised draft HOME-ARP Allocation Plan. The comment period began July 3, 2022, and concluded on July 19, 2022 at Noon. No comments were received. A third notice was published in the local newspapers on August 21, 2022, inviting the public to review and comment on the updated revised draft HOME-ARP Allocation Plan. The comment period began August 21, 2022, and concludes on September 6, 2022 at Noon. The notice also announced the September 6, 2022 City Council public hearing. At the time of this report, no comments have been received. If comments are received, they will be forwarded to the Council under separate cover prior to the hearing.

ALTERNATIVES:

The City Council can choose not to fund the proposed activities recommended by staff and allocate HOME-ARP funds to other eligible activities. The City Council can also direct staff to not submit the Allocation Plan; however, if the City does not submit the Allocation Plan, HOME-ARP funds will most likely be returned to the U.S. Treasury.

FISCAL REVIEW:

This action does not have a fiscal impact to the General Fund. Once the HOME-ARP Allocation Plan is approved by HUD, HUD will submit $1,816,742 in HOME-ARP funds to the programs outlined above and revenue and expense appropriations will be established, respectively in the amount of $1,816,742 for the HOME-ARP Allocation Plan.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed and approved this agenda report and the attached resolution as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:

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File #: 22-799 Meeting Date: 9/6/2022
· Diversify, Stabilize and Increase Housing to Reflect Community Needs CONCLUSION:

The 2021-2022 Substantial Amendment to the Annual Action Plan has been prepared according to HUD regulations and outlines how the City will utilize HOME-ARP funds to meet the objectives and goals of the federal HOME-ARP program. Staff recommends that the City Council hold a public hearing to obtain public input and adopt the Resolution approving the 2021-2022 Substantial Amendment to the Annual Action Plan.

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215
ATTACHMENT 1
Resolution No. 2022-xx Page 1 of 3

RESOLUTION NO. 2022-xx

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

CALIFORNIA, APPROVING AND AUTHORIZING SUBMISSION OF THE HOME -ARP ALLOCATION PLAN, A SUBSTANTIAL AMENDMENT TO THE FY 2021 -2022

ANNUAL ACTION PLAN FOR THE APPLICATION AND EXPENDITURE OF HOME

INVESTMENT PARTNERSHIP ACT AMERICAN RESCUE PARTNERSHIP (HOME -

ARP) FUNDS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

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

WHEREAS, the American Rescue Plan Act of 2021 authorized the United States Department of Housing and Urban Development (“HUD”) to allocate HOME -ARP funds to units of general local government that qualified for an allocation of Home Investment Partnerships Program (HOME) funds in Fiscal Year (FY) 2021; and WHEREAS, the City of Costa Mesa participates in the United States Department of Housing and Urban Development’s (“HUD”) Home Investment Partnerships Program (HOME); and
WHEREAS, in order to receive a its HOME-ARP allocation, the City is required to engage in consultation and public participation processes and develop a HOME -ARP allocation plan that meets the requirements established in the HUD CPD Notice 21- 10 and submit it to HUD as a substantial amendment to its Fiscal Year 2021 annual action plan; and
WHEREAS, the City’s current Consolidated Plan, was adopted on May 19, 2020, and will expire on June 30, 2025; and
WHEREAS, the federal regulations (Title 24 Code of Federal Regulations Part 91) delineate the required content of the Consolidated Plan, including an annual application and expenditure plan for CDBG and HOME funds, known as the Annual Action Plan; and
WHEREAS, the City is eligible to receive $1,816,742 in HOME-ARP funds, which can be used for development and support of affordable housing, tenant -based rental assistance (TBRA), supportive services and acquisition and development of non- congregate shelter units as set forth in the HOME -ARP Allocation Plan, a Substantial Amendment to the 2021-2022 Annual Action Plan (Exhibit A); and 216
Resolution No. 2022-xx Page 2 of 3

WHEREAS, the City made the HOME -ARP Allocation Plan, a Substantial Amendment to the 202 1-2022 Annual Action Plan available for the required 15-day public review period three times between April 17, 2022 and May 2, 2022; July 3, 2022 and July 18, 2022; and August 21, 2022 and September 5, 2022 with a scheduled Public Hearing on Tuesday, September 6, 2022.

WHEREAS, the City has published a notice of a public hearing for the HOME- ARP Allocation Plan, a Substantial Amendment to the 2021-2022 Annual Action Plan; and
WHEREAS, in the 2021-2022 Substantial Amendment to the Annual Action Plan, the City has considered all public comments which have been received either in writing or at the public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY O F COSTA MESA HEREBY RESOLVES as follows:

SECTION 1. The City Council hereby approves the HOME -ARP Allocation Plan, a Substantial Amendment to the 202 1-2022 Annual Action Plan, attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 2. T he City Council hereby authorizes the City Manager, or the City Manager’s designee, to submit the HOME -ARP Allocation Plan, a Substantial Amendment to the 202 1-2022 Annual Action Plan to HUD and execute all certifications and assurances contained therein to approve minor changes and provide additional information as may be required.

SECTION 3.

The City Council hereby designates the City Manager, or the City Manager’s designee, as the City’s official representative to administer the programs and execute and submit all required agreements, certifications, and documents required by HUD. The City Council further authorizes the City Manager, or City Manager’s designee, to execute all agreements with the organizations receiving allocations of HOME-ARP funds approved in the HOME-ARP Allocation Plan.

217
Resolution No. 2022-xx Page 3 of 3

PASSED AND ADOPTED this 6th day of September 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 6
th day of September 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 7
th day of September 2022.

___________________________
Brenda Green, City Clerk
218
ATTACHMENT 2

City of Costa Mesa

FY2021-2022 Substantial Amendment
HOME-American Rescue Plan (ARP)
Allocation Plan
Draft 8/11/22

4 219

1 Contents
EXECUTIVE SUMMARY .............................................................................................................................. 3 CONSULTATION ......................................................................................................................................... 5 Summary of the Consultation Process .................................................................................................. 5 Organizations Consulted by Organization Type and Method of Consultation ..................................... 5 Summary of Feedback Received from Consulted Organizations .......................................................... 7 PUBLIC PARTICIPATION ............................................................................................................................. 9 Efforts to Broaden Public Participation & Summary of Comments Received ...................................... 9 NEEDS ASSESSMENT AND GAPS ANALYSIS ............................................................................................. 11 Size and Demographic Composition of HOME-ARP Qualifying Populations in Costa Mesa ............... 11 Homeless Population .......................................................................................................................... 11 At Risk of Homelessness ..................................................................................................................... 12 Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Violence, Sexual assault, Stalking or Human Trafficking ............................................................................................................. 14 OTHER POPULATIONS ......................................................................................................................... 14 Unmet Housing and Service Needs of Qualifying Populations ........................................................... 14 Current Resources Available to Assist Qualifying Populations ........................................................... 15 Gaps within the Current Shelter and Housing Inventory and Service Delivery System ..................... 18 Characteristics of Housing Associated with Instability and an Increased Risk of Homelessness ....... 19 Priority Needs for Qualifying Populations .......................................................................................... 20 How the level of need and gaps in its shelter and housing inventory and service delivery systems were determined ................................................................................................................................ 20 Method for Soliciting Applications for Funding and/or Selecting Developers, Service Providers, Subrecipients and/or Contractors....................................................................................................... 21 Rationale for Uses of HOME-ARP Funding .......................................................................................... 23 HOME-ARP PRODUCTION HOUSING GOALS ........................................................................................... 23 Affordable Rental Housing Production Estimate and Goals ............................................................... 23 PREFERENCES .......................................................................................................................................... 24 HOME-ARP REFINANCING GUIDELINES .................................................................................................. 24 ATTACHMENTS ........................................................................................................................................ 24 Attachment 1: Public Hearing and Comment Period Public Notice.................................................... 24 5 220

2 HUD Certifications and SF-424 ............................................................................................................ 24

6 221

3 EXECUTIVE SUMMARY
The City of Costa Mesa has been allocated $1,816,742 of HOME-American Recovery Plan Act (HOME-ARP) funding from the U.S. Department of Housing and Urban Development (HUD). To receive its HOME-ARP allocation, the City must develop a HOME-ARP Allocation Plan that will become part of the FY 2021-2022 Annual Action Plan by substantial amendment.

To ensure broad input into the HOME-ARP Allocation Plan from stakeholders and the public, the City of Costa Mesa engaged in virtual and in-person consultation with agencies and service providers whose clientele include the HOME-ARP qualifying populations. The City also had direct contact with HUD-required organizations that did not participate in a consultation meeting, solicited feedback from organizations and residents by directing them to a survey link on the City website, had three 15-day public comment periods, and two public hearings.

The needs assessment and gap analysis identified the following needs and gaps that may be addressed using HOME-ARP funds:
 Need/Gap: The February 21, 2022 Point-In-Time (PIT) count summary report revealed a total of 150 unsheltered and 58 sheltered homeless individuals in the City of Costa Mesa.
o Resolution: HOME-ARP funding of permanent supportive housing units will help to resolve chronic homelessness for our unsheltered homeless population.
 Need/Gap: 12,640 (50.5%) of renter households in Costa Mesa spend 30% or more on housing costs (cost burden) and 6,465 (25.9%) of those households spend 50% or more of their gross income on housing costs (severe cost burden). o Resolution: HOME-ARP supportive services for qualifying individuals and families can help reduce the total financial burden for households with high housing costs.
 Need/Gap: A majority (57%) of persons included in the Central Service Planning Area (Central SPA) January 2019 PIT count had mental health or substance use issues. 29% were identified as having a developmental or physical disability and 37% were identified as chronically homeless.
o Resolution: HOME-ARP supportive services for qualifying individuals (individuals at risk or experiencing homelessness) can help address these issues for individuals where other funding received by the City does not.

To address these needs and gaps, the City of Costa Mesa will utilize HOME-ARP funds for supportive services, development of affordable rental housing, and planning and administration.
7 222

4 Participating Jurisdiction: City of Costa Mesa Date: June 22, 2022 8 223

5 CONSULTATION
Summary of the Consultation Process
The City of Costa Mesa engaged in consultation and public participation processes to develop a HOME-ARP allocation plan that meets the requirements established by the U.S. Department of Housing and Urban Development (HUD) and provided in the City’s Citizen Participation Plan.

The process was a collaborative effort that included consultation with the local Orange County Continuum of Care, the Orange County Housing Authority, local Cities, and several nonprofit agencies that serve those experiencing homelessness, at risk of homelessness, seniors, victims of domestic violence, and other qualifying population groups. Consultation included a virtual consultation meeting with the Orange County Health Care Agency, Office of Care Coordination (CoC), an in-person meeting with nonprofit service providers, direct email and phone contact, and the distribution of surveys that collected information on service needs among the qualifying population groups.

Organizations Consulted by Organization Type and Method of Consultation Agency/Group/Organization
Consulted
Type of Agency/Org Method of
Consultation
Orange County Healthcare
Agency, Office of Care
Coordination
Continuum of Care (CoC) Virtual Session
Orange County Housing Authority
(OCHA)
County Government,Public Housing
Agency (PHA)
Virtual Session
Orange County Social Service
Agency
County Government
Social Services
Virtual Session
County of Orange County Government Virtual Session
City of Garden Grove City Government Virtual Session
City of Newport Beach City Government Virtual Session
City of Westminster City Government Virtual Session
Aesop’s Press Unknown Virtual Session
211 Orange County Nonprofit, addresses needs of
qualifying populations
Virtual Session
BrainHealth247.org Addresses Mental Health Needs Virtual Session CalOptima County Organized Health System Virtual Session 9 224

6 Agency/Group/Organization
Consulted
Type of Agency/Org Method of
Consultation
CAPOC Nonprofit, addresses needs of
qualifying populations
Virtual Session
Connecting the Dots Unknown Virtual Session
Colette’s Children’s Home Nonprofit, addresses needs of qualifying populations
Virtual Session
Covenant House California Nonprofit, addresses needs of qualifying populations
Virtual Session
Dayle MacIntosh Center Nonprofit, addresses needs of
qualifying populations, including
people with disabilities
Email, Phone
Contact
Goodwill of Orange County,
Tierney Center for Veteran
Services
Nonprofit, addresses needs of
qualifying populations, including
Veterans
Email, Phone
Contact
EAH Housing Nonprofit, addresses needs of
qualifying populations
Virtual Session
Fair Housing Foundation Fair Housing, Civil Rights,
Disabilities Service Provider
Email, Phone
Contact
Families Forward Nonprofit, addresses needs of
qualifying populations, including
homeless and at-risk, TBRA Provider
Virtual Session
In-Person Meeting
Completed Survey
HomeAid Orange County Nonprofit, addresses needs of
qualifying populations
Virtual Session
Human Options Nonprofit, addresses needs of
qualifying populations, including
domestic violence services
Virtual Session
In-Person Meeting
Completed Survey
Interval House Nonprofit, addresses needs of
qualifying populations, including
domestic violence services
Virtual Session
The Lighthouse Outreach Nonprofit, addresses needs of
qualifying populations
In-Person Meeting
Lived Experience Advisory
Committee
Individual Virtual Session
Mercy House Developer/Owner of Affordable
Housing, Supportive Services
Provider, & Emergency Shelter
In-Person Meeting
Completed Survey
Michael Baker International Private, Consultant Virtual Session OCAPICA Nonprofit, addresses needs of
qualifying populations
Virtual Session
Phone in Participant Unknown Virtual Session
10 225

7 Agency/Group/Organization
Consulted
Type of Agency/Org Method of
Consultation
Phone in Participant Unknown Virtual Session
Project Hope Alliance Nonprofit, addresses needs of
qualifying populations
In-Person Meeting
Completed Survey
Share Our Selves Nonprofit, addresses needs of
qualifying populations
Email
Completed Survey
StandUp for Kids, Inc. Nonprofit, addresses needs of
qualifying populations
Virtual Session
SquareOne Affordable Housing
Inc.

Affordable Housing Virtual Session
Trellis Nonprofit, addresses needs of
qualifying populations
In-Person Meeting
Completed Survey
VOALA Nonprofit, addresses needs of
qualifying populations
Virtual Session
Working Wardrobes VetNet Veteran’s Group Email, Phone
Contact
Table 1 – Organizations Consulted
The City made an effort to have an open consultation process. No agency/service type was knowingly excluded from the process.

Summary of Feedback Received from Consulted Organizations  There is a lack of mental health and substance abuse supportive services available for youth, survivors of domestic violence and individuals experiencing homelessness.
 Housing first cannot be housing only; supportive and wrap-around services are needed.
 The vacancy rate is very low in Costa Mesa and throughout Orange County. It is estimated to be at less than 2%. There is a lack of availability of housing units.
 Funding programs that are already in motion is a better way to ensure continuity of current services.
 Supportive services such as transportation, legal services, credit repair and assistance with landlord/tenant relations are needed.
 During COVID related school closures there was an increase in gang activity, drug use, and sex trafficking incidents. More case management services are needed to respond.
 Seniors, the disabled and monolingual Spanish speakers are subpopulations that face additional barriers to services.
11 226

8 Other local/regional/state/federal planning efforts considered when preparing the Plan.

Name of Plan/Org/Committee Lead Organization Information consulted Continuum of Care Orange County 211 Provides regional and local point in time homeless
survey data, development of
the regional 10-Year Plan to
End Homelessness, and
development of the regional
Discharge Plan
City of Costa Mesa Housing
Element
City of Costa Mesa Provides housing priorities
and program goals
5-Yr. & 1 Yr. PHA Plan Orange County
Housing Authority
Identifies OCHA resources
to address the housing
needs of lower-income
renter householders in the
County and City
Analysis of Impediments to Fair
Housing
Orange County HUD
Grantee Cities and
the County of
Orange
Countywide document that
identifies fair housing
impediments within
participating cities and
outlines a plan to address fair
housing issues
2019 Point In Time Report County of Orange Sheltered and Unsheltered Homelessness count
2022 Point In Time Summary County of Orange Sheltered and Unsheltered Homelessness count
Network for Homeless Solutions (NHS) City of Costa Mesa The City's Network for Homeless Solutions (NHS) is a
task force comprised of
representatives of various City
departments, nonprofit
service agencies, and
representatives of faith-based
service providers. The main
focus of the NHS is to find
workable solutions to address
the needs of the homeless,
especially those with close ties
to Costa Mesa
Table 2 – Other local / regional / federal planning efforts 12 227

9 PUBLIC PARTICIPATION
The City took several steps to obtain community residents' input to develop the HOME- ARP Allocation Plan. Consultation efforts included public meetings with nonprofit service providers and City Council, posted and emailed surveys, and notices.

Specifically, for the HOME-ARP Allocation Plan planning process, the City utilized its internet webpage, social media and newspaper notices to inform residents of the opportunities to provide input and review/comment on the draft Allocation Plan. All City Council meetings were noticed in local newspapers of general circulation in both Spanish and English. Additionally, the draft HOME-ARP Allocation Plan was posted on the City's website for public review and comment for three 15-day public comment periods held from April 17, 2022 to May 3, 2022; from July 3, 2022 to July 19, 2022; and August 21, 2022 to September 6, 2022 (see Attachment 1). Hard copies of the draft Allocation Plan were available for public review at the public counter at Costa Mesa City Hall 2nd Floor – 77 Fair Drive, Costa Mesa, CA.

 Public comment period: April 17, 2022 – May 3, 2022 and July 3, 2022 – July 19, 2022
August 21, 2022- September 6, 2022
 Public hearing: May 3, 2022 and September 6, 2022

Efforts to Broaden Public Participation & Summary of Comments Received

Citizen Participation Outreach
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments
received
Summary
of
comments
not
accepted
and
reasons
In-Person
Meeting

Nonprofit
Service
Providers
8 staff members
from 6 Nonprofit
Service Providers,
discussed
homeless/housing
needs and HOME-
ARP Allocation
Plan (03/22/22)

Listed in
Summary of
Feedback
Received
from
Consulted
Organizations
None
13 228

10 Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
comments
received
Summary
of
comments
not
accepted
and
reasons
Virtual
Meeting
CoC Partners 44 participants
listed previously in
table of
organizations
consulted
Listed in
Summary of
Feedback
Received
from
Consulted
Organizations
None
Survey Service
Providers
/Broad
Community
Available in
English and
Spanish

TBD TBD None
Newspaper
Ad
Non-
targeted/broad
community
Available in
Spanish and
English
15-day public
comment period –
three separate
times
(04/17/22 to
05/03/22; 7/03/22
to 7/19/22; and
8/21/22 to 9/06/22)

None

None
E-blast to
Costa
Mesa
Partners

Non-English
Speaking –
Specify other
language:

Spanish

None None None

Public
Hearing
Non-
targeted/broad
community
05/03/22 Regular
City Council
meeting

None

None
Public
Hearing
Non-
targeted/broad
community
9/06/22 Regular
City Council
meeting
TBD None
Table 3 – Citizen Participation Outreach

14 229

11 NEEDS ASSESSMENT AND GAPS ANALYSIS
The needs assessment and gap analysis must evaluate the 1) size and demographic composition of HOME-ARP qualifying populations, and 2) unmet needs of HOME-ARP qualifying populations.

Size and Demographic Composition of HOME-ARP Qualifying Populations in Costa Mesa
Homeless Population
The U.S. Department of Housing and Urban Development (HUD) requires that all Continuum of Care jurisdictions across the nation complete a biennial unsheltered count and an annual sheltered count of all individuals experiencing homelessness in the community on a single point in time during the last ten days of January. The County of Orange was approved by the U.S. Department of Housing and Urban Development to reschedule the 2022 Point in Time (PIT) count to the last 10 days of February due to the impacts of COVID-19. The County of Orange and Orange County Continuum of Care conducted the sheltered count the night of Monday, February 21, 2022, and the unsheltered count started the morning of Tuesday, February 22 through Thursday, February 24. A summary of the results of the 2022 Point in Time count became available on May 11, 2022. The summary information (count comparisons between 2019 and 2022) included in this City of Costa Mesa HOME-ARP Allocation Plan is from the 2022 Point in Time (PIT) summary; The detailed information is from the 2019 PIT count report that provides information about the count that took place from January 22, 2019 to January 24, 2019.

The February 2022 PIT count revealed a total of 208 homeless individuals in the City of Costa Mesa. Among the 208 individuals, 58 were sheltered and 150 were unsheltered.

This is a 20% decrease in the number of unsheltered individuals compared the January 2019 PIT count that identified 6 sheltered and 187 unsheltered. The change is attributed to the creation of the temporary 50-bed Bridge Shelter in April 2019 followed by the completion of the 72-bed permanent Bridge Shelter that was opened in April of 2021 on Airway Avenue in Costa Mesa.

The specific demographic composition data was not broken down by City in the 2019 Orange County Point in Time count, however, the data was broken down into three Service Planning Areas – North, Central and South. The City of Costa Mesa is part of the Central Service Planning Area (Central SPA) which includes 9 cities and a county unincorporated area. In the Central SPA, 3,332 homeless individuals were counted. Of 15 230

12 that total, 72% were White, 11% were Black or African American, 8% were Multiple Races or Other and 5% were Asian. Additionally, 37% of all persons in the Central SPA count reported being of Hispanic or Latino ethnicity. The 2022 PIT count summary shows that the total number of unsheltered and sheltered individuals experiencing homelessness in Orange County has gone down by 18.55% since the 2019 PIT count.

Table 4 - Homeless Needs Inventory and Gap Analysis
Homeless
Current Inventory Homeless Population Gap Analysis
Family Adults Only
# of beds
Vets Totals (not identified by adult,
child or family status in 2022
PITsummary)

# of Beds

Emergency
Shelter
0 76 0
Transitional
Housing
0 0 0
Permanent
Supportive
Housing
0 0 0
Other
Permanent
Housing

Sheltered
Homeless
58 Unsheltered
Homeless
150 74
Data Sources: 1. Orange County Point in Time Count, Everyone Counts Report 2019 (PIT); 2. Continuum of Care Housing Inventory County (HIC); 3. Consultation
At Risk of Homelessness
The term “at risk of homelessness”, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); means, with respect to an individual or family, that the individual or family:
 has income below 30 percent of median income for the geographic area; 16 231

13  has insufficient resources immediately available to attain housing stability; and o has moved frequently because of economic reasons;
o is living in the home of another because of economic hardship; o has been notified that their right to occupy their current housing or living situation will be terminated;
o lives in a hotel or motel;
o lives in severely overcrowded housing;
o is exiting an institution; or
o otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness.

Income Limit
Category
Orange County FY 2022 Income Limits Summary
Persons in Family
1 2 3 4 5 6 7 8
Very Low Income
(50% AMI)
$47,450 $54,200 $61,000 $67,750 $73,200 $78,600 $84,050 $89,450 Extremely Low
Income (30%
AMI)
$28,500 $32,550 $36,600 $40,650 $43,950 $47,200 $50,450 $53,700 Low Income
(80% AMI)
$75,900 $86,750 $97,600 $108,400 $117,100 $125,750 $134,450 $143,100

According to the 2014-2018 American Community Survey (ACS), 6,185 renter households in Costa Mesa have household incomes below 30% of the Area Median Income (AMI) and only 875 rental units in Costa Mesa are affordable for households at that income level. This leaves over 5,310 very-low income households in Costa Mesa at risk of homelessness as defined above.

Table 5 - Housing Needs Inventory and Gap Analysis
Non-Homeless
Current Inventory Level of Need Gap Analysis
# of Units # of Households # of Households
Total Rental Units 24,985
Rental Units Affordable to
HH at 30% AMI (At-Risk of
Homelessness)
875 6,185
Rental Units Affordable to
HH at 50% AMI (Other
Populations)
415 4,730
Current Gaps 1,290 10,915 9,625
Data Sources: 1. American Community Survey (ACS); 2. Comprehensive Housing Affordability Strategy (CHAS)

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14 Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Violence, Sexual assault, Stalking or Human Trafficking The 2019 PIT count identified 140 unsheltered adult and 94 sheltered adult survivors of domestic violence in the Central Service Planning Area of Orange County. Providers of services to survivors of domestic violence indicate the number of individuals in need of shelter is likely undercounted as isolation and physical distancing mandates during the Coronavirus pandemic resulted in increased domestic violence concerns while limiting potential flight from unsafe living situations. Demographic information for this qualifying population is confidential.

OTHER POPULATIONS
Other populations, as defined by HOME-ARP, include those who:

1. Are currently housed and at risk of repeat homelessness;

2. Have incomes below 30% AMI and are experiencing severe housing cost burden; and

3. Otherwise meet the definition of at risk of homelessness and have incomes between 30% and 50% AMI.

The Continuum of Care 2019 PIT narrative indicates that 402 or 40.81% of unsheltered individuals reported experiencing homelessness for the first time in the last 12 months.

Therefore, almost 60% of the 985 unsheltered individuals surveyed had experienced homelessness previously and would be at a higher risk for repeat homelessness.

The 2014-2018 HUD Comprehensive Housing Affordability Strategy (CHAS) data table indicates that 3,585 renters in Costa Mesa are experiencing severe housing cost burden and 3,505 renters have incomes between 30% and 50% AMI and may be considered eligible under “other populations” if they otherwise meet the definition of at risk homelessness.

Unmet Housing and Service Needs of Qualifying Populations The greatest unmet housing needs of qualifying populations are:
 Permanent rental housing that is affordable to qualifying and other populations; and
 Permanent supportive rental housing that coordinates specialized services with housing that is affordable to qualifying and other populations

The greatest unmet service needs of qualifying populations, including sheltered and unsheltered homeless populations, currently housed populations at risk of homelessness, other families requiring services or assistance to prevent homelessness, 18 233

15 and those at greatest risk of housing instability or in unstable housing situations are:
 Mental health treatment
 Substance abuse treatment
 Transportation
 Legal Services
 Employment assistance and job training
 Life skills
 Case management
 Outpatient health services
 Outreach services
 Credit repair
 Landlord-tenant liaison services
 Housing search and counseling assistance
 Services for special populations
 Financial assistance to secure stable housing, such as rental application fees, security and utility deposits, and first month’s rent

Current Resources Available to Assist Qualifying Populations As outlined in the 2020-2024 Consolidated Plan, the City has a well-developed strategy to address homelessness in the community. This strategy includes outreach and assessment services for homeless and chronic homeless individuals. These programs will help households, especially extremely low-income households, maximize the amount of income they have available for housing. Program staff will attempt to link individuals to appropriate housing, support services, and public assistance programs (e.g., VA benefits, SSI). To undertake this effort, the City partners with local nonprofit service providers and community-based volunteers. Based on assessments, individuals or households are referred to appropriate housing/service providers. City staff will coordinate the delivery of services and housing with providers to reduce the number of homeless individuals in the community. Both HUD and City funds will be used to carry out these activities, including emergency shelter and rapid rehousing.

Emergency Shelters
According to the 2021 Orange County Housing Inventory Count (HIC), the following emergency shelters are available to assist qualifying populations in the City of Costa Mesa:
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16 The City of Costa Mesa opened an emergency Bridge Shelter at a temporary location in April 2019 with 50 beds, while constructing a permanent shelter location with 72 beds that opened in April 2021. The permanent Bridge Shelter was built in coordination with the neighboring City of Newport Beach who made a one-time payment of $1.4 million in capital costs as well as $200,000 in furniture, fixtures, and equipment for the site.

Additionally, Newport Beach will provide $1 million annually for 20 set-aside beds. The Bridge Shelter assists persons experiencing homelessness with temporary housing along with a variety of programs including: Collaborative Case Management; Housing Related Support Services (including Coordinated Entry System housing assignments); Housing Search Assistance (linking clients to rental assistance programs and other general housing services); Legal Services; Basic Needs (including food, clothing, and housing/emergency services); Social Services; and Transportation. The permanent Bridge Shelter publishes bi-weekly reports in which they regularly assist approximately 60 to 110+ persons over a two-week span.

Supportive Services
The City recognizes certain segments of the population require additional assistance to secure decent housing and supportive services. Special needs groups in Costa Mesa include: seniors, persons with disabilities (including developmental disabilities), persons at-risk of experiencing homelessness or experiencing homelessness, and low-income families (including large households and female-headed households). Through the annual action plan process for the CDBG program, the City evaluates the needs of various special needs groups and allocates CDBG Public Service dollars accordingly.

The City will continue to expend available CDBG funds in a manner that addresses local needs and augments the regional continuum of care system in Orange County.

Approximately $1,000,000 in General Fund and Housing Authority (former Redevelopment Agency) resources will be allocated to provide direct outreach services for chronic and situational homeless. Services include engagement, assessment, and linkages to appropriate services and housing. City-paid social workers and community volunteers will provide services.

Rental Housing Assistance
The City continues to participate in the Orange County Housing Authority’s (OCHA) Housing Choice Vouchers program to provide rent subsidies to very low-income 20 235

17 households provided funding is available. Costa Mesa does not own or manage public housing. It is anticipated that OCHA will continue to provide rental assistance to approximately 591 Costa Mesa renter households (265 disabled persons, 401 elderly persons, 49 families, 74 homeless at admission and 32 veterans). 89 people are currently on the waitlist.

The City also began offering a Tenant Based Rental Assistance (TBRA) program in 2020. The program focus is on families with children at risk of homelessness or exiting temporary or bridge shelter housing. This program assists low-income residents with short-term rental assistance to make renting affordable. The City’s TBRA program began as a pilot program in response to the COVID-19 pandemic and has been re- evaluated to determine what changes, if any, could be made to increase the number of severely cost burdened Costa Mesa residents receiving this much needed assistance.

The result of the evaluation of the TBRA program, as well as a review of all other emergency rental assistance programs funded through the City, was to request City Council approval at the regular City Council Meeting on June 21, 2022 to lift any requirements that were not mandatory per HUD regulations. The end result was an approval from City Council to increase the pool of eligible residents for these rental assistance programs by removing unnecessary barriers or limits beyond HUD required limits (i.e. income limits, length of assistance) to the assistance. The City will continue to evaluate, make necessary modifications and offer rental housing assistance programs based on the availability of funding.

CDBG and CDBG-CV funding is allocated for short-term emergency assistance such as rapid rehousing, homelessness prevention and support services. The City currently funds three local nonprofit organizations with CDBG-CV funds to provide assistance to households at-risk of homelessness. As with the TBRA program, the eligibility requirements of the CDBG-CV funded rental assistance programs were re-evaluated and requirements that were not mandatory per HUD regulations were removed from the eligibility determinations. The income limit was raised from 50% AMI to 80% AMI as HUD regulations allow and the limit on rental assistance per household was removed.

The recent changes to Costa Mesa rental assistance programs, approved by City Council on June 21, 2022, will increase the resources available to Costa Mesa residents facing a severe cost burden (spending 50% or more of their income on housing costs) who might not have been eligible under the previous program guidelines. The City has increased its outreach to residents through a variety of communications in both Spanish and English to increase awareness about these programs.

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18 Gaps within the Current Shelter and Housing Inventory and Service Delivery System

Shelter Gap
According to the 2019 Orange County Point-In-Time count, there were 193 individuals experiencing homelessness in the City of Costa Mesa. As a result, the City opened up a temporary shelter with 50 beds available. In 2021, the City closed its temporary shelter and opened its 72 bed permanent Bridge Shelter in the City of Costa Mesa. The resulting gap as illustrated in Table 4 is an estimated need for 181 (reduced to 74 as of the 2022 Point-In-Time Count) additional shelter beds. However, on the night of the 2019 Point-In-Time count, 211 Emergency Shelter and Transitional Housing beds remained vacant in Orange County’s Central SPA, which points to possible gaps in the service delivery system. Comparable information is not yet available from the 2022 PIT count. The City continues to work with the County, neighboring Cities and homeless service providers to close the gaps in the service delivery system and decrease the number of unsheltered homeless in Costa Mesa and Orange County.

Tenant-Based Rental Assistance Gap
The City of Costa Mesa provided $300,000 in HOME funds for a Pilot TBRA program in 2020 and identified Program Income received through the HOME Program as a future source of funding for TBRA in the 2020-2024 Consolidated Plan. As of the current date, approximately 9% of the funds have provided assistance to three Costa Mesa families.

The City has identified that changes to the program, including expanded eligibility criteria for the TBRA program and increased advertising and awareness of the program, are needed to increase the number of Costa Mesa residents participating in the program.

Consultation feedback and information available about the vacancy rate in the City of Costa Mesa (2.8% according to the 2020 ACS), points to a profound gap in the available rental units in the City. With the revised criteria to the TBRA program, the City will be able to direct rental assistance to low income, housing-cost burdened Costa Mesa residents with a current lease in the City and increase the number of households with affordable housing costs (spending no more than 30% of total household income on housing costs).

The City continues to participate in the Orange County Housing Authority’s (OCHA) Housing Choice Vouchers program to provide rent subsidies to very low-income households provided funding is available. Costa Mesa does not own or manage public housing. It is anticipated that OCHA will continue to provide rental assistance to 22 237

19 approximately 591 Costa Mesa renter households (265 disabled persons, 401 elderly persons, 49 families, 74 homeless at admission and 32 veterans). 89 people are currently on the waitlist.

Affordable and Permanent Supportive Rental Housing Gap
As identified in Table 5 in this document, there is a need for 10,915 affordable units in the City of Costa Mesa, and only 1,290 units that meet this description. Of the 10,915 that are needed, 5,310 units are needed for households with incomes at or below 30% of the Orange County Area Median Income (AMI) and 4,315 units are need for households with incomes between 30% and 50% AMI.

Of the 89 people currently on the waitlist for Housing Choice Vouchers through the Orange County Housing Authority (OCHA), there are 30 disabled persons, 34 elderly persons and 16 currently homeless. These populations have a higher success rate in maintaining housing with supportive services. According to The Corporation for Supportive Housing (CSH) www.csh.org, the state of California needs approximately 30,000 permanent supportive housing units to resolve chronic homelessness. If you divide that number by the total population of California and then multiply it by the population of Costa Mesa, the gap for permanent supportive housing in Costa Mesa equals 845 units.

Service Delivery System Gap
Consultation with organizations having experience with providing services to the qualifying populations revealed service delivery system gaps including case management, connecting individuals with employment opportunities with sufficient income to afford housing, lack of transportation, move-in assistance, and mental health and substance abuse treatment availability. Service providers also identified that there was a lack of availability of funding for capacity building for their organizations.

Characteristics of Housing Associated with Instability and an Increased Risk of Homelessness

At Greatest Risk of Housing Instability is defined as household who meets either paragraph below:

Has annual income that is less than or equal to 30% of the area median income, as determined by HUD and is experiencing severe cost burden (i.e., is paying more than 50% of monthly household income toward housing costs);
Has annual income that is less than or equal to 50% of the area median income, as 23 238

20 determined by HUD AND meets one of the following conditions from paragraph iii of the “At risk of homelessness” definition established at 24 CFR 91.5  Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for homelessness prevention assistance  Is living in the home of another because of economic hardship  Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance
 Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by Federal, State or local government programs for low-income individuals
 Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons or lives in a larger housing unit in which there reside more than 1.5 persons reside per room, as defined by the U.S. Census Bureau
 Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution; or
 Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the recipient’s approved consolidated plan

Priority Needs for Qualifying Populations

The analysis of the 2019 Point in Time count, the 2022 Point in Time count summary, CHAS data, ACS data, and consultation with various agencies identified the priority needs for qualifying populations in Costa Mesa as:
 Development of affordable housing, including permanent supportive housing; and  Housing-related supportive services for qualifying populations How the level of need and gaps in its shelter and housing inventory and service delivery systems were determined

The City of Costa Mesa analyzed several data sources to determine the needs and gaps in the shelter and housing inventory and service delivery systems. First, city-level data was gleaned from the 2019 Orange County Point in Time Count and then the 2014-2018 American Community Survey (ACS) and the 2014-2018 Comprehensive 24 239

21 Housing Affordability Strategy (CHAS). The Costa Mesa 2020-2024 Consolidated Plan, Regional Housing Needs Allocation (RHNA), 2022 Costa Mesa Housing Element and 2020-2024 Orange County Analysis of Impediments were also reviewed for data to contribute to the needs assessment and gaps analysis for the HOME-ARP Allocation Plan.

Current services provided by the City of Costa Mesa and in collaboration with the County of Orange (OCHA) for the qualifying populations were analyzed and feedback obtained from a virtual meeting, in-person meeting, public hearings and comment period, and completed surveys all were included in the analysis to determine the level of need and gaps in shelter and housing inventory and service delivery systems in Costa Mesa.

PROPOSED HOME-ARP ACTIVITIES
Method for Soliciting Applications for Funding and/or Selecting Developers, Service Providers, Subrecipients and/or Contractors

The City of Costa Mesa (City) will be soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors by issuing a Request for Proposals (RFP) for the development and support of affordable housing and/or the provision of supportive services, either as a separate activity or in combination with other HOME-ARP activities.

The Request for Proposals will be announced through notices to the following parties:
 Current and past CDBG Subrecipients
 Interested Developers and Nonprofit Organizations
 2-1-1 OC
 Public Notice in the local Newspaper
 Published on www.Planetbids.com

A qualified developer, service provider, subrecipient and/or contractor (Applicant) shall complete and submit the Proposal for HOME-ARP funds and prepare all required attachments and exhibits. After the deadline for the RFP, the Development Services staff shall review the proposal(s) to determine that the minimum program and RFP requirements are met (minimum threshold review) and the proposal(s) is eligible under HUD CPD Notice 21-10. Proposals that do not meet the minimum threshold review will be considered non-responsive. If the proposal(s) meets the minimum threshold review, Development Services and Homeless Services staff will form a Review Panel. 25 240

22 Using scoring and selection criteria provided in the RFP, the Review Panel shall determine whether the proposal(s) is recommended for approval.

Before any HOME-ARP funds are committed to an affordable housing project, the project will be evaluated to determine the amount of HOME-ARP capital subsidy and operating cost assistance necessary to provide quality affordable housing that meets the requirements of HUD CDP Notice 21-10 and is financially viable throughout the minimum 15-year HOME-ARP compliance period.

The City will not restrict the eligibility/availability of proposals that may be submitted to the City under the RFP that will be issued to solicit applications for funding and/or selecting developers, service providers, subrecipients and/or contractors for the use of HOME-ARP program funds. The City cannot anticipate if proposals will be submitted for eligible projects under Supportive Services or for the Development of Affordable Rental Housing category because the solicitation is going to be available for either type of project. The City also does not want to limit the possibility of proposals for either eligible activity. Therefore, HOME-ARP funds may be allocated to either Supportive Services and/or Development of Affordable Rental Housing based on proposals that the City receives in response to the RFP solicitation process. After the City has selected a proposal(s), the City will adjust the amount of funding allocated in either category, not to exceed the total HOME-ARP allocation or an amount that would trigger a substantial amendment per the City’s Citizen Participation Plan or the HUD CDP 21-10 Notice.

Use of HOME-ARP Funding:

Eligible Activities
Funding Amount Percent of the
Grant
Statutory Limit
Acquisition and Development of Non-
Congregate Shelters
$
Tenant Based Rental Assistance (TBRA) $
Development of Affordable Rental Housing $ 772,116
Supportive Services $ 772,116
Non-Profit Operating $ % 5%
Non-Profit Capacity Building $ % 5%
Administration and Planning $ 272,510 % 15%
Total HOME-ARP Allocation $1,816,742
Table 6 – Use of HOME-ARP Funding

The City of Costa Mesa will not directly administer HOME-ARP activities beyond program administration and planning and no subrecipients or contractors are responsible for program administration and planning on behalf of the City. 26 241

23 Rationale for Uses of HOME-ARP Funding

The vacancy rate of rental units in the City of Costa Mesa according to the 2018 ACS is

2.8%. The actual vacancy rate in 2022 has been suggested to be closer to 1.8%. The number of units available, the high cost of rent and the volume of cost burdened and severely cost burdened renters is a prime indicator for the use of HOME-ARP funds for the development of affordable rental housing.

The City's homeless strategy is based on the proposition that it is less expensive and disruptive for a household to remain housed in their existing home than to be rehoused.

To this end, the City focuses its resources on agencies that provide various safety-net services to prevent households from becoming homeless. Although the City already supports programs that provide supportive services to the HOME-ARP qualifying populations, the gap and needs analysis provided in this document reveal the need for additional support services to increase the opportunity and stability for low-income individuals to obtain and maintain housing.

HOME-ARP PRODUCTION HOUSING GOALS
Affordable Rental Housing Production Estimate and Goals

The estimated number of affordable rental housing units that will be produced or supported with the City’s HOME-ARP allocation cannot be calculated until after the RFP process is completed. The number will depend on the number of proposed projects received and the required funding to complete any or all of those projects. It will also depend on the type of proposals received since our request will be for both Affordable Housing projects as well as Supportive Services projects.

California’s Regional Housing Needs Assessment (RHNA) is the basis for determining future housing need by income category, within the state and is based on growth in population, households, and employment. The City of Costa Mesa’s RHNA allocation is divided among four income categories which are benchmarked on the County of Orange’s median income for a family of four. Costa Mesa’s RHNA Allocation for the 2021-2029 Planning Period for Very Low Income 0-50% MFI is 2,919 units and Low Income 51-80% MFI 1,794 units. The City’s goal is to make as much progress toward the City’s RHNA requirement as possible with the HOME-ARP funding that is available. 27 242

24 PREFERENCES
The City does not intend to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project.

HOME-ARP REFINANCING GUIDELINES
The City of Costa Mesa will not utilize HOME-ARP funds for refinancing of properties that may be rehabilitated with HOME-ARP funds.

ATTACHMENTS
Attachment 1: Public Hearing and Comment Period Public Notice HUD Certifications and SF-424

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25 CITY OF COSTA MESA

HOME-ARP ALLOCATION PLAN
FY2021 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT

PUBLIC PARTICIPATION

29 244

26 CITY OF COSTA MESA

HOME-ARP ALLOCATION PLAN
FY2021 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT
CERTIFICATIONS AND 424 FORMS
30 245
ATTACHMENT 3

PUBLIC NOTICE
NOTICE OF 15-DAY PUBLIC COMMENT PERIOD AND PUBLIC HEARING TO BE HELD BY

THE CITY OF COSTA MESA REGARDING SUBMISSION OF THE

HOME-AMERICAN RESCUE PLAN (ARP) ALLOCATION PLAN,
A SUBSTANTIAL AMENDMENT TO THE 2021-2022 ANNUAL ACTION PLAN NOTICE IS HEREBY GIVEN that the City of Costa Mesa City Council will hold a public comment period and public hearing for the HOME-ARP Allocation Plan, a Substantial Amendment to the 2021-2022 Annual Action Plan, in compliance with federal regulations (24 CFR 91).

On March 11, 2021, the American Rescue Plan Act of 2021 (ARP) was signed into law and allocated federal ARP funds to local cities through the HOME Investment Partnerships Pro gram (HOME). As a recipient of HOME funds, the City of Costa Mesa is eligible to receive a HOME -ARP allocation in the amount of $1,816,742. To receive its HOME -ARP funds, the City must develop a HOME -ARP Allocation P lan and submit a HOME-ARP Allocation Plan to HUD as a substantial amendment to the City’s previously approved Fiscal Year 2021-2022 Annual Action Plan. The HOME-ARP Allocation Plan describes how the City intends to distribute HOME -ARP funds to address the needs of qualifying populations. The City has prepared a HOME-ARP Allocation Plan, a Substantial Amendment to its 2021 -2022 Annual Action Plan, which is now available for public review. The Allocation Plan proposes the use of HOME-ARP funds for the following:

Proposed HOME-ARP Activity
 Supportive Services for persons at-risk and/or experiencing homelessness  Development of Affordable Housing
 Program administration
15-Day Public Comment Period
The City is required to make a draft of the HOME -ARP Allocation Plan available for public review for 15 days. The City previously held a 15-day public comment period from April 18, 2022 to May 3, 2022 prior to the May 3, 2022 City Council Meeting and Publi c Hearing. A second 15 -day public comment period was held from July 3, 2022 to July 19, 2022. No comments were received. The draft HOME-ARP Allocation Plan is available for public review again from August 21, 2022 to September 6, 2022 at the public counter at Costa Mesa City Hall 2nd Floor – 77 Fair Drive, Costa Mesa, CA. City Hall is open Monday through Thursday and alternating Fridays, 8 AM to 5 PM. The draft is also posted on the City’s website:
https://www.costamesaca.gov/city-hall/city-departments/development-services/housing-and-community- development. Written comments regarding the Allocation Plan must be submitted to the attention of Mikelle Daily at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626 or by email to [email protected].

All written comments must be received by the City no later than 12 PM September 6, 2022.

Public Hearing
The City is required to hold a public hearing regarding the HOME -ARP Allocation Plan, a Substantial Amendment to the 2021 -2022 Annual Action Plan. NOTICE IS GIVEN that the Costa Mesa City Council will hold a public hearing at its regular meeting on Tuesday, September 6, 2022, at 7:00 PM or as soon as possible thereafter, at Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, California.

Public Comments:

Members of the public wishing to participate in the meeting may find instructions to participate on the agenda. Members of the public may also submit written comments via email to the City Clerk at [email protected] and they will be provided to the City Council, made available to the public, and will be part of the meeting record . Any written communications, photos or other materials for copying and distribution to the City Council that are 10 pages or less, can be emailed to the [email protected], submitted to the City Clerk’s Office on a flash drive, or mailed to the City/Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00PM on the day of the hearing, September 6, 2022. All materials, 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 note that materials submitted by the public that are deemed 31 246
appropriate for general audiences will not be redacted in any way and will be posted online as submitted, including any personal contact information. For further assistance, contact the City Clerk’s Office at (714) 754-5225. The City Council agenda and related documents may also be viewed on the City’s website at http://costamesaca.gov/. 72 hours prior to the public hearing date. IF THE AFOREMENTIONED ACTION IS CHALLENGED IN COURT, the challenge may be limited to only those issues raised at the public hearing described in the notice, or in written correspondence delivered to the City Coun cil at, or prior to, the public hearing.

Brenda Green, City Clerk, City of Costa Mesa
Publish: August 20, 2022
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ATTACHMENT 4
AVISO PÚBLICO
AVISO DE AUDIENCIA PÚBLICA DE COMENTARIOS PUBLICOS DE 15 DÍAS QUE SE REALIZARÁ POR LA CIUDAD DE COSTA MESA EN RELACIÓN AL PLAN DE ASIGNACIÓN DEL HOME-AMERICAN RESCUE PLAN (ARP), Y UNA MODIFICACIÓN SUSTANTIVA AL PLAN ANUAL DE ACCIÓN 2021-2022
SE DA AVISO QUE el Concejo Municipal de Costa Mesa tendrá una segunda audiencia pública y audiencia de comentarios públicos para el Plan de Asignación de HOME-ARP, Modificación Sustantiva al Plan Anual de Acción 2021-2022, en conformidad con las regulaciones federales (24 CFR 91).

El 11 de marzo de 2021, el Plan de Rescate Americano de 2021 (ARP) se firmó como ley y se asignó fondos federales ARP a ciudades locales por el programa HOME Investment Partnerships Program (HOME). Como beneficiario de los fondos HOME, la Ciudad de Costa Mesa es elegible a recibir la asignación HOME-ARP en la cantidad de $1,816,742. Para recibir los fondos HOME-ARP, la Ciudad tendrá que desarrollar un Plan de Asignación de HOME-ARP y enviar el plan al Departamento de Vivienda y Desarrollo Urbano de Estados Unidos (HUD) como una modificación sustantiva al plan previamente aprobado, el 2021-2022 Plan Anual De Acción. El Plan de Asignación de HOME-ARP detalla como la Ciudad planea distribuir los fondos de HOME-ARP para evaluar las necesidades de las poblaciones cuales califican. La Ciudad ha preparado el HOME-ARP Plan, Modificación Sustantiva al Plan Anual de Acción 2021-2022 cual está disponible para revisión del público. El Plan de Asignación propone el use de los fondos para las siguientes actividades:

Actividades Propuestas de HOME-ARP
 Servicios de apoyo para personas en riesgo de/o pasando por indigencia  Desarrollo de vivienda justa
 Programa de administración
Periodo de Comentarios Públicos de 15 Días
La Ciudad está requerida hacer un borrador del Plan de Asignación de HOME-ARP y hacerlo disponible para revisión del público por 15 días. La Ciudad previamente hizo una audiencia de comentarios públicos de un periodo de 15 días del 18 de abril de 2022 al 3 de mayo de 2022 antes de la junta del Concejo Municipal y audiencia pública el 3 de mayo de 2022. Otra audiencia pública de comentarios públicos de 15 días empezara el 3 de julio de 2022 y se terminara a las 12pm el 19 de julio de 2022.

El borrador Plan de Asignación de HOME-ARP está disponible para revisión en el mostrador público en el Ayuntamiento de Costa Mesa, segundo piso – 77 Fair Drive, Costa Mesa, CA. El Ayuntamiento está abierto lunes a jueves y viernes alternativos, 8am a 5pm. El borrador está publicado en el sitio web de la Ciudad: https://www.costamesaca.gov/city-hall/city- departments/development-services/housing- and-community-development. Comentarios escritos sobre el Plan de Asignación tendrán que ser sometidos a Mikelle Daily al Ayuntamiento de Costa Mesa, 77 Fair Drive, Costa Mesa, CA 92626 o por correo electrónico al [email protected].

Todos los comentarios tendrán que ser recibidos por la Ciudad antes de las 12pm el 19 de julio de 2022.

Audiencia Publica
La Ciudad está requerida tener una audiencia pública sobre el Plan de Asignación de HOME- ARP, Modificación Sustantiva al Plan Anual de Acción 2021-2022. SE DA AVISO QUE el Concejo Municipal de Costa Mesa tendrá una audiencia pública en su junta regular el martes 19 de julio de 2022 a las 7:00 p.m. o lo más pronto posible, en el Ayuntamiento de Costa Mesa, 77 33 248

Fair Drive, Costa Mesa, California.

Comentarios Públicos
Los miembros del público que desean participar en la junta podrán encontrar las instrucciones en la agenda. También podrán enviar sus comentarios por correo electrónico a la Secretaria de la Ciudad a [email protected] y se proporcionarán al Concejo Municipal, se pondrán a disposición del público y serán parte del registro. Cualquier comunicación escrita, fotografía u otro material para copiar y distribuir al Concejo Municipal que tenga 10 páginas o menos, puede enviarse por correo electrónico a [email protected] , enviarse a la Oficina de la Secretaria de la Ciudad en una memoria USB o enviarse por correo a la Oficina del Secretario de la Ciudad. Por favor envíe materiales al Secretario de la Ciudad. LO ANTES POSIBLE, PERO NO MÁS TARDE DE LAS 12:00 pm el día de la audiencia, 19 de julio de 2022. Todos los materiales, fotografías, PowerPoint y videos enviados para su exhibición en una reunión pública deben ser revisados previamente por el personal para verificar su idoneidad para el público en general. No se aceptarán enlaces a videos de YouTube u otros servicios de transmisión, se deberá enviar un archivo de video directo al personal antes de cada reunión para minimizar las complicaciones y reproducir el video sin demora. El video debe tener uno de los siguientes formatos, .mp4, .mov o .wmv. Solo se puede incluir un archivo por orador para comentarios públicos. Tenga en cuenta que los materiales enviados por el público que se consideren apropiados para el público en general no se redactarán de ninguna manera y se publicarán en línea tal como se envíen, incluida la información de contacto personal. Para obtener ayuda, comuníquese con la Oficina de la Secretaria de la Ciudad al (714) 754-5225. La agenda del Ayuntamiento y los documentos relacionados también se pueden ver en el sitio web de la Ciudad en http://costamesaca.gov , 72 horas antes de la fecha de la audiencia pública.SI LA ACCIÓN MENCIONADA ANTERIORMENTE SE RECHAZA EN LA CORTE, la impugnación puede limitarse solo a los asuntos planteados en la audiencia pública descrita en el aviso, o en la correspondencia escrita entregada al Concejo Municipal en la audiencia pública o antes de ella.
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ATTACHMENT 5
Q1.
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Q2.
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Q3.
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Q4.
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Q5.

Costa Mesa: 11 Orange County: 12 Other Cities in Orange County: 3 Q6.
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Q7.
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Q8.
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Q8. Continued
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Q9.
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Q10.

Responses:

Latinos/Hispanics/Monolingual Spanish/Central American Population (8) No (7)
I don’t know (3)
Other Responses:

Drug Addicts, African Americans, Native Americans, Adult family members during civil litigation against HOAs, Iranian Community (Farsi speakers), Low Income Households 44 259

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-841 Meeting Date: 9/6/2022
TITLE:

EXECUTION OF A SUBRECIPIENT AGREEMENT WITH THE COUNTY OF ORANGE TO ACCEPT

GRANT FUNDS FOR THE BENEFIT OF THE BRIDGE SHELTER
DEPARTMENT: CITY MANAGER’S OFFICE
PRESENTED BY: NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER CONTACT INFORMATION: NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER, (714) 754-5274
RECOMMENDATION:

3. Authorize the City Manager and City Clerk to execute a Professional Services Agreement with Trellis International in a not to exceed amount of $70,000.

BACKGROUND:

On March 11, 2021, the American Rescue Plan Act (ARPA) was passed by Congress and signed into law. Enacted as a component of ARPA, the State and Local Fiscal Recovery Funds (SLFRF) Program made available $350 billion in emergency funding to state, local, territorial, and Tribal governments for revenue replacement, among other things, to provide government services. As part of this allocation process, the County of Orange (County) was awarded a total of $616.8 million in SLFRF funds.

On May 24, 2022, the Orange County Board of Supervisors authorized the allocation of $5 million in SLFRF funds to be used to provide grant moneys to organizations within the Fifth District to support temporary shelter and support services for people experiencing homelessness.

On August 1, 2022, the City of Costa Mesa (City) submitted a letter to Orange County Board of Supervisors, Supervisor Bartlett and the County of Orange requesting $100,000 in SLFRF funds to purchase furniture, fixtures, and equipment for the Bridge Shelter, and augmentation of supportive

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File #: 22-841 Meeting Date: 9/6/2022
purchase furniture, fixtures, and equipment for the Bridge Shelter, and augmentation of supportive services for Shelter guests participating in the Innovative Street Outreach and Life Skills Training Program.

ANALYSIS:

Following notification from the County regarding the availability of funding for emergency shelters located in the Fifth District, the City collaborated with the Bridge Shelter operator, Mercy House; the commercial kitchen operator, Bracken’s Kitchen; and a supportive services provider, Trellis, to develop a plan for said funds. Below is a summary of items and activities included in the City’s request for funding and approved by the County.

Shelter Facility and Operational Enhancements ($30,000):

Facility and operational enhancements include:
· Shelter supplies for storage management
· Computer lab equipment and copier providing staff the ability to scan documents into HMIS for housing placement services and coordination
· Recreational games and outdoor activities, including supplies needed to implement a community garden
· Tablets to improve the level of client data collected and reported into HMIS · Kitchen supplies, equipment, and appliances needed by Bracken’sKitchen to more efficiently operate the Bridge Shelter Commercial Kitchen
Shelter Services Augmentations in Employment/Housing ($70,000):

On December 18, 2020, the City released RFP-21-05 for Homeless Prevention and Street Outreach Services, and Food Assistance Programs. On March 16, 2021, City Council approved a professional services agreement with Trellis ($90,382) for Innovative Street Outreach and Life Skills Training. This program, also known as the Back to Work Program, is a transitional employment program serving both sheltered and unsheltered homeless people. Individuals enrolled in the Back to Work Program are part of the Community Impact Team (CIT), which undertakes various community-based projects throughout Costa Mesa. The Back to Work Program is in need of additional funding for projects that include ongoing programmatic supplies (e.g. handy tools, trash bags, etc.), the provision of participant incentives proven to bolster self-esteem and hope for the future, as well as staff costs to administer the program. Staff is recommending that City Council authorize the City Manager and City Clerk to execute a professional services agreement with Trellis using the County of Orange grant funds to continue the administration of the Back to Work Program.

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File #: 22-841 Meeting Date: 9/6/2022
ALTERNATIVES:

Should the City Council choose not to authorize the execution of the Subrecipient Agreement with the County, the $100,000 in SLFRF funds will be reallocated to another shelter located in the Fifth District.

FISCAL REVIEW:

Approval of this item will authorize revenue and expense allocations in the amount of $100,000 respectively, for County of Orange grant funds to benefit the Bridge Shelter.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and approved 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. Authorize the City Manager and City Clerk to execute the Subrecipient Agreement between the City of Costa Mesa and the County of Orange to receive grant funds in the amount of $100,000 to support temporary shelter and support services for people experiencing homelessness.

2. Upon approval, authorize revenue and expense allocations in the amount of $100,000 respectively, in County of Orange grant funds to support temporary shelter and support services for people experiencing homelessness.

3. Authorize the City Manager and City Clerk to execute a Professional Services Agreement with Trellis International in a not to exceed amount of $70,000.

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SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF ORANGE

AND CITY OF COSTA MESA FOR

AMERICAN RESCUE PLAN ACT FUNDING

This Subrecipient Agreement (the “Agreement”) is made and e ntered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as “County,” and the City of Costa Mesa , a California municipal corporation, hereafter referred to as “ Subrecipient,” with the County and Subrecipient referred to as “Party,” or collectively as “Parties.” WHEREAS, on February 26, 2020, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (named “COVID-19”) in Orange County (the “COVID-19 Emergency”); and
WHEREAS, on March 2, 2020, the Board of Supervisors adopted Resolution No. 2020-11 ratifying the local health emergency declared by the County’s Health Officer; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency to exist in California because of the threat of COVID- 19; and
WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the COVID-19 Outbreak; and
WHEREAS, the American Rescue Plan Act (ARPA) was passed by Congress and signed into law by the President of the United States on March 11, 2021; and WHEREAS, under the State and Local Fiscal Recovery Funds (SLFRF) program, enacted as part of (ARPA), more than $350 billion in emergency funding was distributed to state, local, territorial, and Tribal governments with the County receiving a total of $616.8 million in two equal allocations of SLFRF funds; and WHEREAS, the ARPA provides that SLFRF funds may be used for revenue replacement for the provision of government services, COVID-19 expenditures or negative economic impacts of COVID-19, premium pay for essential workers, and investments in water, sewer, and broadband infrastructure for the State or local government; and were incurred during the period that begins on March 3, 2021, and ends on December 30, 2024; and
WHEREAS, on January 6, 2022, the United States Department of Treasury released its Final Rule for the SLFRF program, which among other things, authorizes State and local government recipients to use SLFRF funds to replace lost public sector revenue and use such funding to provide government services up to the amount of revenue loss due to the pandemic; and
ATTACHMENT 1
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WHEREAS, on May 24 , 2022 , the Orange County Board of Supervisors authorized the allocation of $ 5,000,000 in SLFRF funds to be used , among other things, to provide grant moneys to organizations within the Fifth District to support temporary shelter and support services for people experiencing homelessness; and WHEREAS, Subrecipient has requested funding from the County for the one- time costs of shelter facility enhancements, such as computer equipment, and transitional employment services for those experiencing or at risk of experiencing homelessness; and
WHEREAS, in order to assist Subrecipient in the provision of government services, the Parties have agreed that the County shall transfer the Grant Amount described herein to Subrecipient.

NOW, THEREFORE, the Parties mutually agree as follows:

1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on December 31, 2022, or when all the Parties’ obligations under this Agreement are fully satisfied, whichever occurs earlier.

2. USE OF GRANT AMOUNT.
a. The grant funds provided are federal funds and subject to the Single Audit Act of 1984. The following information is provided in accordance with the Single Audit Act.

Grant Amount $100,000
Subrecipient Name: City of Costa Mesa
Subrecipient Unique
Entity Identifier (UEI)
VLG5YJVFJ4M7
Awarding County Agency County Executive Office
County Contact

Oana Cosma (714) 834-7410
Assistance Listing
Number (ALN) / Name

21.027 / Coronavirus State and Local Fiscal
Recovery Funds
Federal Award
Identification Number

SLFRP1607
Awarding Federal Agency US Treasury Department
Indirect Cost Rate 10% MTDC or Federally Approved Rate
Whether Award is R&D: No

b. Subrecipient shall use Grant Amount provided under this Agreement to pay for the one-time costs of shelter facility enhancements and transitional employment services for those experiencing or at risk of experiencing homelessness.
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c. Indirect costs may not exceed 10% of the modified total direct costs per 2 CFR section 200.68 or the federally approved indirect cost rate, if applicable.
d. Subrecipient must utilize the G rant Amount in accordance with all Federal and State laws, including but not limited to the American Rescue Plan Act of 2021 (ARPA), codified at 42 U.S.C. § 802, et seq., and all applicable regulations and guidelines implementing ARPA, including the regulations issued by the Department of Treasury at 31 CFR Part 35 regarding costs that are payable from SLFRF Funds.

3. PAYMENT OF GRANT AMOUNT
a. The County will issue a one-time payment to the Subrecipient of the Grant Amount set forth in Paragraph 2.a within 10 business days of the full execution of this Agreement. All of Subrecipient’s expenditures of the Grant Amount must be for costs as described in Paragraph 2 b of this Agreement.
b. It is understood that the County makes no commitment to fund this Agreement beyond the terms set forth herein.
c. If Subrecipient has not spent any portion of the Grant Amount it has received under this Agreement to cover Eligible Expenses by December 31, 2022, Subrecipient shall return to the County by January 30, 2023 the amount remaining unspent as of December 31, 2022.

4. STATUTES AND REGULATIONS APPLICABLE TO GRANT . Subrecipient must comply with all applicable requirements of State, Federal, and County of Orange laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement.

Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:
a. Office of Management and Budget (OMB) Guidance .

Subrecipient must comply with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards per 2 CFR Part 200 (the “Uniform Guidance”), including the procurement standards set forth in 2 CFR 20 0.318 through 2 CFR 200.327 when using the G rant Amount to procure goods and services.
b. S
ingle Audit Act . Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), OMB Circular 266

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A-133 and any administrative regulation or field memo randa implementing the Act.
c. Political Activity Prohibited . None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation.
d. SA
M.gov Requirements. Subrecipient is required to have an active registration with the System for Award Management (“SAM”) (https://www.sam.gov).

5. COMPLIANCE WITH GRANT REQUIREMENTS. Grant funds awarded must be used solely for the purposes identified in Paragraph 2 of this Agreement. In accordance with Paragraph 11, Subrecipient agrees to indemnify, defend, and hold harmless the County of Orange for any sums the State or Federal government contends or determines Subrecipient used in violation of this Agreement. Subrecipient shall immediately return to the County any funds the County or any responsible State or Federal agency, including the Department of Treasury, determines the Subrec ipient has used in a manner that is inconsistent with Paragraph 2 of this Agreement. T he provisions of this paragraph shall survive termination of this Agreement.

6. REPORTS.
a. Mid-Term Report. By October 31, 2022, Subrecipient shall provide a report to the County that shall: (1) identify the expenses paid from the Grant Amount; (2) demonstrate how Subrecipient used the Grant Amount consistent with the use requirements of Paragraph 2; and ( 3) identify the balance of the Grant Amount that Subrecipient has not spent. b. Final Report. Upon the earlier of Subrecipient’s expenditure of the balance of the G rant Amount or January 30, 2023, Subrecipient shall provide a report to the County that shall: (1) identify the expenses paid from the Grant Amount; (2) demonstrate how Subrecipient used the Grant Amount consistent with the use requirements of Paragraph 2; and (3) identify the balance of the Grant Amount that Subrecipient has not spent, if any. c. The Subrecipient shall provide a certification signed by its City Manager or designee with each report required under this Paragraph 6 that the statements contained in the report are true and that the expenditures described in the report comply with the uses permitted under Paragraph 2. d. Subrecipient shall maintain supporting documentation for the reports required by this Paragraph 6 consistent with the requirements of Paragraph 7.
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7. RECORDS MAINTENANCE. Records, in their original form, must be maintained in accordance with requirements prescribed by the County with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period of four (4) years after termination of this Agreement and after final disposition of all pending matters. “ Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must be retained within the County of Orange unless authorization to remove them is granted in writing by the County.

8. RECORDS INSPECTION. At any time during normal business hours and as often as either the County, Inspector General acting pursuant to the Inspector General Act of 1978, or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all its records with respect to all matters covered by this Agreement. The County, Inspector General, and the Auditor General of the State of California each have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Subrecipient agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of Subrecipient’s records, the County may require that Subrecipient provide supporting documentation to substantiate Subrecipient’s expenses with respect to the Subrecipient’s use or expenditure of monies provided by the County to the Subrecipient under this Agreement.

9. INDEPENDENT CONTRACTOR. The Subrecipient shall be considered an independent contractor and neither the Subrecipient, its employees, nor anyone working under the Subrecipient shall be considered an agent o r an employee of County. Neither the Subrecipient , its employees nor anyone working under the Subrecipient shall qualify for workers’ compensation or other fringe benefits of any kind through County.

10. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS.

Subrecipient shall be responsible for obtaining all permits, licenses, and approvals required for performing any work under this Agreement.

Subrecipient shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Subrecipient shall provide copies of permits and approvals to the County upon request.

11. INDEMNITY. The Subrecipient agrees to indemnify, defend with coun sel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board harmless from any claims, deman ds or liability of any kind or nature, arising from or 268

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related to the Subrecipient’s receipt of the G rant Amount under this Agreement, including any claims that the amount s paid by the County to Subrecipient were not used consistent with the restrictions o n the use of SLFRF program funds as set forth in the regulations and guidance issued by the Department of Treasury regarding the use of such funds. The provisions of this paragraph shall survive the termination of this Agreement.

12. NOTICES. All notices, requests , demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in- person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

Subrecipient:

Lori Ann Farrell Harrison, City Manager
City of Costa Mesa
[email protected]

P.O. Box 1200
Costa Mesa, CA 92628-1200

County:

Oana Cosma, County Budget Office
[email protected]
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701-4062

13. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non -breaching Party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.

14. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney’s fees, costs, and expenses.

15. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on the parties unless authorized by the Parties in writing. 269

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16. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties ; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below.

BY: DATED:

Lori Ann Farrrell Harrison, City Manager
City of Costa Mesa

BY: DATED:

Helen Hernandez, Deputy Purchasing Agent
County Procurement Office
County of Orange, California

APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California

BY:____________________________
Deputy

DATED:________________________
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Costa Mesa City CouncilSeptember 6, 2022

Costa Mesa City Council
September 6, 2022