Agenda packet — Costa Mesa City Council, September 20, 2022 (part 1 of 2)

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 20, 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 20, 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. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

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Agenda September 20, 2022
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting.

Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.

Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.

As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.

A minimum number of hard copies of the agenda will be available in the Council Chambers.

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing.

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 20, 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).

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4 REGULAR CITY COUNCIL AND

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Agenda September 20, 2022

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
SEPTEMBER 20, 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 Phil Eyskens, Lighthouse Church

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

1. Presentation: Costa Mesa Pony 14U Super Regional Champions

2. Presentation: Orange County Sustainability Decathlon – Dr. Fred Smoller

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Agenda September 20, 2022

3. Proclamation: 2022 Hispanic Heritage Month 22-870

1. Proclamation: Hispanic Heritage MonthAttachments:

4. Proclamation: 2022 National Forensic Science Week 22-871

1. Proclamation: Forensic Science WeekAttachments:

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 Harper

2. Council Member Reynolds

3. Council Member Chavez

4. Council Member Gameros

5. Council Member Harlan

6. Mayor Pro Tem Marr

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-8)
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 20, 2022

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
22-865
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 22-866
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Lauren Funke.

Agenda ReportAttachments:

3. ADOPTION OF WARRANT RESOLUTION 22-868
RECOMMENDATION:

City Council approve Warrant Resolution No. 2686.

Agenda Report

1. Summary Check Register Week of 8-29-22

2. Summary Check Register Week of 9-5-22
Attachments:

4. MINUTES 22-869
RECOMMENDATION:

City Council approve the Minutes of the Regular meeting of September 6, 2022.

Agenda Report

1. 09-06-2022 Draft Minutes
Attachments:

5. MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND

OBJECTIVES
22-836
RECOMMENDATION:

Staff recommends the City Council approve the September 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.

Agenda Report

1. Strategic Objectives - Update - September 2022
Attachments:

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Agenda September 20, 2022

6. I-405 IMPROVEMENT PROJECT - AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION

SUPPORT SERVICES
22-855
RECOMMENDATION:

Staff recommends the City Council:

1. Approve Amendment No. 3 to Cooperative Agreement No. C-5-3612 between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) to increase OCTA ’s maximum obligation to the City by $50,000 for a total not-to-exceed amount of $644,594.

2. Authorize the City Manager and City Clerk to execute the amendment, in a form approved by the City Attorney, and future amendments to the agreement within City Council authorized limits.

3. Approve revenue and expense appropriations in the amount of $50,000 respectively, for the I-405 Improvement Project, per Amendment No. 3 to the Cooperative Agreement C-5-3612 between the City of Costa Mesa and OCTA.

4. Approve proposed Amendment No. 3 (Attachment 1) to the Professional Services Agreement (PSA) with Interwest Consulting Group Inc ., 15140 Transistor Lane, Huntington Beach, CA 92649, increasing the maximum compensation by $50,000 for construction support services, on an as-needed basis, for the I-405 Improvement Project, for a total not- to-exceed amount of $400,000.

5. Authorize the City Manager and the City Clerk to execute the amendment and future authorized amendments to the Professional Services Agreement.

Agenda Report

1. Amendment No. 3 to PSA with Interwest

2. PSA and past amendments with Interwest

3. Original Cooperative Agreement with OCTA
Attachments:

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Agenda September 20, 2022

7. REJECT ALL BIDS - WEST 19TH STREET BICYCLE
IMPROVEMENTS AND STRIPING PROJECT, CITY PROJECT NO .
22-06
22-862
RECOMMENDATION:

Staff recommends the City Council reject all bids for the West 19th Street Bicycle Improvements and Striping Project, City Project No. 22-06, and direct staff to modify the scope of the project and re-advertise.

Agenda Report

1. Bid Analysis
Attachments:

8. RETAINER AGREEMENTS BETWEEN THE CITY OF COSTA MESA

AND BUCHALTER, A PROFESSIONAL CORPORATION FOR LEGAL

SERVICES
22-867
RECOMMENDATION:

It is recommended that the City Council:

1. Approve the Agreements between the City of Costa Mesa and the law firm of Buchalter, a Professional Corporation in connection with the pending lawsuits entitled The Ohio House LLC v. City of Costa Mesa, United States District Court for the Central District of California, Case No. 8:19-cv-01710-JVS (GJSx) and Insight Psychology and Addiction, Inc. v. City of Costa Mesa, United States District Court for the Central District of California, Case No . 8:20-cv-00504-MEMF-JDE.

2. Authorize the City Manager and City Clerk to execute the Retainer Agreement and future authorized amendments to the Agreements and the City Attorney to take necessary steps to associate Buchalter as co-counsel in the legal matter.

3. Authorize the City Manager to appropriate additional funding amounts, as necessary, to pay legal costs above the amount budgeted for litigation costs in Non-Departmental in the Adopted FY 2022-23 Budget from unassigned fund balance in the General Fund for attorneys’ services, if needed, to represent the City in these cases through completion.

Agenda ReportAttachments:

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

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

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Agenda September 20, 2022
PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE.

NEW BUSINESS: (Next Page)

1. COSTA MESA TENNIS CENTER: SCOPE OF SERVICES 22-750
RECOMMENDATION:

Staff recommends that City Council:

1. Provide Direction on the proposed Scope of Services and release of a Request for Proposals (RFP) for the Operation of the Costa Mesa Tennis Center (Attachment 1).

2. Approve an extension to the agreement with Top Seed Tennis Academy for the interim operation of the Costa Mesa Tennis Center with a term of November 1 through December 31, 2022 (Attachment 2).

Agenda Report

1. Excerpt of the RFP pertaining to the Draft Scope of Services

2. Top Seed Tennis Academy - Third Extension

3. Online Survey Results
Attachments:

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2. APPOINTMENTS TO THE ARTS COMMISSION AND VARIOUS CITY

COMMITTEES
22-851
RECOMMENDATION:

Staff recommends the City Council make appointments as follows:

1. Arts Commission - Seven ( 7) vacancies; four ( 4) appointments to fill vacancies with a term expiration of January 2024 and three ( 3) to fill vacancies with a term expiration of January 2026.

2. Animal Services Committee - Make two ( 2) alternate member appointments to fill the vacancies with term expiration of April 2024. Appointments by Council Member Gameros as liaison to the Committee.

3. Active Transportation Committee - Make one ( 1) alternate member appointment to fill the vacancy with term expiration of April 2024.

Appointment by Council Member Harlan as liaison to the Committee.

4. Fairview Park Steering Committee - Make one ( 1) regular member appointment with a term expiration of April 2025, two ( 2) regular member appointments with a term expiration of April 2023, one (1) alternate member appointment with a term expiration of April 2023, and one ( 1) alternate member appointment with term expiration of April 2025. Appointments by Council Member Reynolds as liaison to the Committee.

5. Historical Preservation Committee - Make two ( 2) alternate member appointments to fill vacancies with a term expiration of April 2024.

Appointments by Council Member Chavez as liaison to the Committee.

6. Mobile Home Park Advisory Committee - Make one ( 1) Independent Citizen At-large appointment to fill vacancy with a term expiration of April 2023.

Appointment by Mayor Stephens as liaison to the Committee.

Agenda Report

1. Arts Commission Applications

2. Animal Services Committee Applications

3. Active Transportation Committee Applications

4. Fairview Park Steering Committee Applications

5. Historical Preservation Committee Applications

6. Mobile Home Park Advisory Committee Applications
Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

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11 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-870 Meeting Date: 9/20/2022
TITLE:

Proclamation: 2022 Hispanic Heritage Month
DEPARTMENT: City Manager’s Office

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-871 Meeting Date: 9/20/2022
TITLE:

Proclamation: 2022 National Forensic Science Week
DEPARTMENT: City Manager’s Office

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-865 Meeting Date: 9/20/2022
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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16 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-866 Meeting Date: 9/20/2022
TITLE:

READING FOLDER
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Lauren Funke.

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17 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-866 Meeting Date: 9/20/2022
TITLE:

READING FOLDER
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Lauren Funke.

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18 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-868 Meeting Date: 9/20/2022
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. 2686.

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. 22-18 on cycle for $2,885,468.57, and City operating expenses for $1,556,277.47.

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19 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-868 Meeting Date: 9/20/2022
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. 2686.

BACKGROUND:

FISCAL REVIEW:

Funding Payroll Register No. 22-18 on cycle for $2,885,468.57, and City operating expenses for $1,556,277.47.

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58 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-869 Meeting Date: 9/20/2022
TITLE:

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

City Council approve the Minutes of the Regular meeting of September 6, 2022.

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59 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-869 Meeting Date: 9/20/2022
TITLE:

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

City Council approve the Minutes of the Regular meeting of September 6, 2022.

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60 Minutes – Regular Meeting – September 6, 2022 Page 1 of 11

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
SEPTEMBER 6, 2022 - MINUTES
CALL TO ORDER – - The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros (Arrived 5:22 p.m.), Council Member Harper, Council Member Harlan (Arrived 4:05 p.m.), Council Member Reynolds, Mayor Pro Tem Marr (Arrived 4:04 p.m.), and Mayor Stephens.

Absent: None.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEMS:

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 City Council recessed at 4:02 p.m. for Closed Session.

Closed Session adjourned at 5:26 p.m.
61 Minutes – Regular Meeting – September 6, 2022 Page 2 of 11 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 Lily Uresti performing the National Anthem was played followed by the Mayor leading the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION
Led by Pastor Jordan Hansen from Mesa 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.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS:

Mayor Stephens presented a Commendation to Bryce Sheridan for winning the 49th Annual Will Jordan Classic.

Mayor Stephens presented a proclamation in honor of 2022 Hunger Action Month.

Mayor Stephens presented a proclamation in honor of 2022 National Child Awareness Month.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Wendy Simao, spoke on noise problems regarding The 12 gym and shared pictures.

Jay Humphrey, spoke against Measure K, the City Council should clearly define affordable housing, and RHNA numbers.

Carrie Mizera, Executive Director of Renascence School International, spoke on the schools new location at 1600 Adams and invited citizens to informational sessions.

Jenn Tanaka, Board Member Costa Mesa Alliance for Better Streets, thanked everybody for making the Bright Lights event a success.

Claudia Tebbs, representing Master Circle residents, spoke against PA-21-27, a proposed cannabis business at 1072 Bristol Street.

John Holly, owner of Rail Makers Inc., spoke on Measure K and the language used to describe the Westside industrial area as deceptive, and spoke on overlay plans allowing residential development.

Barbara Mohiero, spoke on the Wild and Scenic Film Festival on September 24th at the Orange Coast Unitarian Universalist Church Campus.
62 Minutes – Regular Meeting – September 6, 2022 Page 3 of 11 Speaker, spoke on the Housing Element parcels that can be built on throughout the City, spoke on a vision for the planning changes, and against Measure K.

Speaker, spoke on the rushed process of adding the ballot measure to the ballot, lack of review time and lack of opportunity to comment, and opposed to Measure K.

Speaker, read a letter to the editor from Eleanor Egan against Measure K, and spoke against Measure K.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Harlan thanked staff for new improvements at Jordan Park, and spoke on a Kaiser Woodland PFO pickleball event on September 10th.

Council Member Reynolds spoke on Mr. Holly’s comments, vehicle noise controls, private helicopters flying low on the Westside, thanked Alma Reyes and Sergio Escobar for the housing and rental assistance flyers, thanked staff and volunteers for staffing the cooling center, spoke on the Bright Lights distribution, spoke on Hunger Awareness Month and Abound Food Care Program, requested more information on the waitlist for Senior Meals on Wheels program, spoke on expanding the Community Gardens and spoke on reaching out to people in need.

Council Member Chavez requested protected bike lanes on Placentia, spoke on cooling centers, spoke on trees and shade, spoke on the Bright Lights event and thanked the community for their donations and participation, and spoke on the listening tour with Police Chief Lawrence on September 7, 2022.

Council Member Gameros spoke on being available to speak with residents on Master’s Circle, and thanked staff for their hard work.

Mayor Pro Tem Marr spoke on the Bright Lights event, spoke on the new big belly trash cans and supports these at Tewinkle Park, requested updates on the following items: Short Term Rentals, Inclusionary Housing Ordinance, Additional Dwelling Unit’s, and outdoor dining ordinances, spoke on the ARTventure event on September 16 and 17, attending the League of Cities Conference, and requested information on drones and what is allowed.

Mayor Stephens spoke on the new street lights at Baker and Randolph, attending the Festival of Children, attending the ribbon cutting for the Friends of the Library musical instrument dedication, the Listening tour in District 5 at the Senior Center on September 7, recognized Susan Price on her retirement, and spoke on adjourning the meeting in memory of Salvador Avila.
63 Minutes – Regular Meeting – September 6, 2022 Page 4 of 11 REPORT – CITY MANAGER – Chief Stefano, expressed appreciation for City Council recognizing the workforce, spoke on Ms. Farrell Harrison returning next week, spoke on the Listening Tour with Chief Lawrence on September 7th at 6:00 p.m. at Shalimar Park, and September 21 st at the Senior Center, spoke on addressing homelessness, housing rental assistance programs, applying for commission and committees, Costa Mesa Chamber of Commerce State of the City luncheon on Friday September 23 rd, a 9/11 remembrance at all fire stations, and Brenda Emrick, Emergency Operations Manager provided an update from the Office of Emergency Management, including Hazard Mitigation Plan, Covid-19, heat and energy alerts and cooling centers, and National Preparedness Month.

REPORT – CITY ATTORNEY – Ms. Hall Barlow, stated the court entered judgment in the City’s favor pertaining to the Ohio House case.

CONSENT CALENDAR (Items 1-10)
MOVED/SECOND: Council Member Reynolds/Council Member Gameros MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 10 except for 9 and 10.

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: Mayor Stephens recused himself only on CC-3 the Warrant Resolution because he received a contribution from one of the warrant recipients.

Motion carried: 7-0

1. PROCEDURAL WAIVER: WAIVE THE FULL READING 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: 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
Mayor Stephens recused himself on the Warrant Resolution because he received a contribution from one of the warrant recipients.

ACTION:

City Council approved Warrant Resolution No. 2685.
64 Minutes – Regular Meeting – September 6, 2022 Page 5 of 11

4. MINUTES
ACTION:

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

5. ADOPTION OF A RESOLUTION TO ALLOW MEMBERS OF THE CITY COUNCIL,

COMMISSIONS AND COMMITTEES TO PARTICIPATE IN THE MEETINGS

REMOTELY, AS NEEDED, DUE TO HEALTH AND SAFETY CONCERNS FOR THE

MEMBERS AND THE PUBLIC
ACTION:

City Council adopted Resolution No. 2022-57 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.

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
ACTION:

1. City Council authorized the 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, and secure funding through a master lease agreement.

2. Authorized the City Manager and City Clerk to execute the necessary documents to acquire the additional ambulances.
65 Minutes – Regular Meeting – September 6, 2022 Page 6 of 11

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

1. City Council accepted 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 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 one (1) year after the filing date.

8. ACCEPTANCE OF THE 2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT
ACTION:

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

2. Adopted Resolution No. 2022-58, 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. Approved revenue and expense appropriations in the amount of $17,429 respectively, for the 2021 EMPG Program.

ITEMS PULLED FROM THE CONSENT CALENDAR

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

JAIL OPERATION SERVICES
Presentation by Police Chief Lawrence and Lieutenant Casarez.

Public Comments:

Ralph Taboada, stated the item should not be on the Consent Calendar, and requested forecasting additional costs for the next five years.
66 Minutes – Regular Meeting – September 6, 2022 Page 7 of 11 MOVED/SECOND: Mayor Stephens/Council Member Gameros
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 authorized 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. Adopted Resolution No. 2022-59, which amends Resolution Number 2022-35, establishing the new Custody Supervisor classification and corresponding salary range.

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

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

GRANT FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
Council Member Reynolds spoke on the importance of enforcement on reckless driving, spoke on distributing lights for bikes in lieu of tickets, and educational opportunities.

Public Comments:

Speaker, spoke on the grant and on educational opportunities.

Jay Humphrey spoke in support of acceptance of the grant, and planning for the increase in population.

Speaker, spoke on enforcement of the vehicle code, eliminating the requirement for a bike license, and police handing out bike lights during events such as bike rodeos.

Speaker, thanked the police for being receptive to handing out lights, and suggested the Council stand on a corner and hand out lights as it is very educational.

MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Marr MOTION: Approve recommended actions.

Council Member Chavez requested staff to agendize for discussion changing the code to eliminate the bike license requirement.
67 Minutes – Regular Meeting – September 6, 2022 Page 8 of 11 MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Marr MOTION: Approve recommended actions.

The motion carried by the following roll call vote:

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

Nays: None

Absent: None
Abstain: None
Motion carried: 7-0
ACTION:

1. City Council approved Resolution No. 2022-60, 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. Approved revenue and expense appropriations in the amount of $265,000 respectively, for the 2022-23 OTS STEP grant.
----------------------------------------END OF CONSENT CALENDAR----------------------------------------- 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
Presentation by Ms. Daily, Grant Administrator.

Public Comments:

Mike Rothmeier, inquired on the population to be served.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Marr
MOTION: Approve staff’s recommendation allocating 100% of the $1,816,742 to Supportive Services.

Mayor Pro Tem Marr requested that $100,000 be designated for Affordable Housing.

Mayor Stephens agreed to the request.
68 Minutes – Regular Meeting – September 6, 2022 Page 9 of 11 MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Marr
MOTION: Approve staff’s recommendation allocating $1,716,742 to Supportive Services and $100,000 to Affordable Housing.

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 regarding the FY 2021-2022 Substantial Amendment to the Annual Action Plan.

2. Approved 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. Adopted Resolution No. 2022-61 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’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. Authorized revenue and expense appropriations, respectively, each in the amount of $1,816,742, for the HOME-ARP Allocation Plan.

OLD BUSINESS: NONE.

NEW BUSINESS:

1. EXECUTION OF A SUBRECIPIENT AGREEMENT WITH THE COUNTY OF ORANGE

TO ACCEPT GRANT FUNDS FOR THE BENEFIT OF THE BRIDGE SHELTER Presentation by Mr. Robbins, Neighborhood Improvement Manager.

Ms. Hall Barlow, City Attorney, clarified the City will enter into a subrecipient agreement with Trellis.
69 Minutes – Regular Meeting – September 6, 2022 Page 10 of 11 Public Comments:

Ian Stevenson, thanked the City Council for their support.

MOVED/SECOND: Mayor Pro Tem Marr/Council Member Reynolds MOTION: Approve staff’s recommendation with the amendment to #3 to be a Subrecipient Agreement with Trellis instead of a Professional Services Agreement.

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 authorized 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. Authorized 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. Authorized the City Manager and City Clerk to execute a Subrecipient Agreement with Trellis International in a not to exceed amount of $70,000.

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

ADJOURNMENT – The Mayor adjourned the meeting at 8:43 p.m. in memory of Salvador Avila.
70 Minutes – Regular Meeting – September 6, 2022 Page 11 of 11 Minutes adopted on this 20th day of September, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
71 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-836 Meeting Date: 9/20/2022
TITLE:

MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND OBJECTIVES
DEPARTMENT: CITY MANAGER’S OFFICE
PRESENTED BY: LORI ANN FARRELL HARRISON, CITY MANAGER
CONTACT INFORMATION: ALMA REYES, ASSISTANT TO CITY MANAGER RECOMMENDATION:

Staff recommends the City Council approve the September 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.

BACKGROUND:

On October 16, 2021, the City Council adopted new Goals and Objectives for the 2021-2024 Three Year Strategic Plan and created a new six-month work plan covering the October 2021 through March 2022 period. The new Six Month Objectives (Attachment 1) were developed at the September 27, 2021 Strategic Planning retreat. During the workshop, the City Council developed key priorities and objectives for the next six months with staff input. Staff will continue to provide status updates to the City Council via the detailed work plan attached to this report, which is updated on a monthly basis.

A future Strategic Planning session will be scheduled where the current goals and objectives will be evaluated and the City Council and City leadership will identify new key priorities as well as new objectives for the following six months.

ANALYSIS:

The September 27, 2021 Strategic Planning Retreat included breakout groups where each of the five City Council Goals were discussed individually. Additionally, each breakout group developed key objectives for the next six-month period for each Goal, covering the October 2021 through March 2022 period. The matrix provides a detailed work plan with specific deliverables for each Goal including timeframes for project completion that will be updated and monitored monthly. It is important to note, deadlines may be extended for the completion of objectives due to internal and/or external factors.

Page 1 of 2 ends

72 File #: 22-836 Meeting Date: 9/20/2022
THREE-YEAR GOALS AND PRIORITIES:

The Three Year Goals approved by the City Council are as follows (in no priority order):
· Recruit and Retain High Quality Staff
· Achieve Long-Term Fiscal Sustainability
· Strengthen the Public’s Safety and Improve the Quality of Life · Diversify, Stabilize and Increase Housing to Reflect Community Needs · Advance Environmental Sustainability and Climate Resiliency ALTERNATIVES:

The City Council can provide alternate direction to staff regarding the Strategic Plan update.

FISCAL REVIEW:

Many of the stated priorities and action steps were funded within the FY 21-22 Adopted Budget, and were also included in the Adopted Budget for FY 22-23.

LEGAL REVIEW:

The City Attorney reviewed and approved this report as to form.

CONCLUSION:

The City Council in collaboration with the City’sleadership team revised the Three Year Goals at the September 2021 retreat, and established new objectives for the next six months. Staff is currently working on scheduling the 2022 Strategic Planning Retreat. Staff recommends that the City Council approve the September 2022 update to the Strategic Plan.

Page 2 of 2 ends

73 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-836 Meeting Date: 9/20/2022
TITLE:

Staff recommends the City Council approve the September 2022 update to the City of Costa Mesa’s Strategic Plan Goals and Objectives.

BACKGROUND:

ANALYSIS:

Page 1 of 2 ends

74 File #: 22-836 Meeting Date: 9/20/2022
THREE-YEAR GOALS AND PRIORITIES:

The City Council can provide alternate direction to staff regarding the Strategic Plan update.

FISCAL REVIEW:

Many of the stated priorities and action steps were funded within the FY 21-22 Adopted Budget, and were also included in the Adopted Budget for FY 22-23.

LEGAL REVIEW:

The City Attorney reviewed and approved this report as to form.

CONCLUSION:

Page 2 of 2 ends

75 A1

C I T Y O F C O S T A M E S A

SIX -MONTH STRATEGIC OBJECTIVES

THREE-YEAR GOAL: RECRUIT AND RETAIN HIGH QUALITY STAFF

WHEN

WHO

WHAT

STATUS

COMMENTS

DONE ON
TARGET

REVISED

1. Dec. 1, 2021

HR Manager

Initiate the process to map and evaluate the employee recruitment process to innovate and modernize recruitment and commence development of the succession plan and present to the City Manager.

Succession Plan Contract awarded
to CPS Consulting Services for the
development of the Citywide
Succession Plan and
modernization of recruitment and
hiring practices. Work is underway

2. Dec. 1, 2021

City Manager

Present to the City Council for consideration the first phase of hard- to-fill positions requiring a market adjustment based on current data.

City Council approved Phase 1
and Phase 2 of the hard-to-fill and
hard-to-retain compensation
adjustments.

3. June 1, 2022

City Clerk

Perform a market analysis of City Council compensation for comparable agencies and special districts within the county and report results to the City Manager.

Preliminary Council Compensation
Survey has been provided to the
City Manager and due diligence
review is in progress.

4. October 1, 2022

HR Manager

Launch the Costa Mesa University Wellness, Leadership, Training and Mentorship Program for all city employees.

Finalizing initial phase of training
offerings for Costa Mesa “U” in
conjunction with implementation of
Neogov Learn module.

5. March 15, 2022

HR Manager

Develop HR staffing recommendations for inclusion in the mid-year budget to be presented to the City Council for consideration.

Staffing recommendations finalized
and presented to the City Council
for consideration during the Mid-
Year Budget Study Session.

ATTACHMENT 1
76 A2

6. October 1, 2022

HR Manager, in
concert with the IT
Director

Update and begin implementation of the online employee onboarding, training and evaluation processes by updating the NeoGov System.

NeoGov contract signed.

Implementation process initiated
for NEOGOV “Onboard”, “Learn”
(Training) and “Perform”
(Evaluation) modules.

“Learn” module in implementation
process and scheduled to go “live”
in fall 2022.

“Onboard” implementation in
progress to be followed by
“Perform.”

77 B1

THREE-YEAR GOAL: ACHIEVE LONG-TERM FISCAL SUSTAINABILITY

WHEN

WHO

WHAT

STATUS

COMMENTS

DONE ON
TARGET

REVISED

1. Dec. 15, 2021

Finance Director

Develop and define a quarterly report format, including financial metrics, to improve fiscal transparency and
report to the City Council and FIPAC

Distributed the FY 2021/2022 1st
and 2nd Quarter Financial
Reports to the City Council and
FiPAC, and posted to the City’s
website.

2. June 1, 2022

Economic and
Development Services
Director, working with the
City Attorney

Secure a consultant for the Economic Development
Strategic Plan.

The Request for Proposals has
been prepared.

6/21/22 –City Council approved
PSA with Tech Coast Consulting
Group (TCCG).

3. March 15, 2022

IT Director, working with
the Police Chief and
Finance Director

Procure and implement an upgrade of the public safety
systems, subject to Dept. of Justice approval, and
citywide database servers.

Completed: PD MDCs. Next Fire
MDC Pilot project completed,
gear ordered.

Began installation of Phase 3 PC
Refresh for PD, Fire and PS 55%
Completed.

4. March 15, 2022

Finance Dir., working with
the Development Services
Director

Provide an update to the City Council regarding the state of retail cannabis implementation, including revised
revenue projections.

Mid-Year Budget Study Session
provided to City Council with an
update on all General Fund
revenues including Retail
Cannabis for current year budget.

Additional updates to be provided
in context of FY 2022-23 Budget.

78 C1

THREE-YEAR GOAL: STRENGTHEN THE PUBLIC’S SAFETY AND IMPROVE THE QUALITY OF LIFE

WHEN

WHO

WHAT

STATUS

COMMENTS

DONE ON
TARGET

REVISED

1. Weekly

Asst. City Manager (lead),
working with the
Communications Team

Enhance the Communications and Engagement Plan to
support the public’s health, safety and quality of life and present results to the City Manager.

Weekly communication plan
presented to City Manager.

Additional contract resources may
be acquired in order to expand
existing communications during
pandemic; Ongoing efforts.

2. September 1,
2022

Public Services Dir., working
with the Police Chief and a
consultant

Present a plan to reduce collisions and injuries on
roadways, including providing 3-5 options for City Council direction.

11/2/21 - Third stakeholder working
group held to review safety
countermeasures for case study
locations, counter measure toolbox,
and best practices.

11/17/21 -Public outreach meeting
scheduled. Consultant prepared
draft Local Road Safety Plan with
traffic safety countermeasures and
applications to reduce collisions and
injuries on roadways.

3/8/22- Revised report sent to
Stakeholder Working Group for
review. Consultant incorporated
Stakeholder Working Group
comments.

4/6/22 - Stakeholder comments
received on March 18. Consultant
incorporated comments and
submitted Local Road Safety Plan
(LRSP) on April 4.

5/4/22 - Presentation of LRSP to
Active Transportation Committee.

6/6/22: LRSP revised based on
comments received and submitted.

9/1/22: A memo with final LRSP
report sent to City Council .
79 C2

3. March 15, 2022

Police Chief – lead, Asst.

City Manager, Parks and
Community Services Dir.,
and Fire Chief

Engage the community to obtain feedback on the
community’s sense of safety and well-being and present
results to the City Council

Police Dept. developing a
community survey and potential
platforms and channels of
distribution.

1/5/22 - Survey draft completed and
shared with department directors for
feedback and finalization. Numerous
Meet and Greet opportunities have
been held for new Police Chief to
discuss public safety goals and
measures with community groups
with additional potential meetings
underway.

3/2/22 – Finalized draft community
survey submitted to City Manager.

4/25/22 – After completing a very
successful five-year CMFR strategic
plan, the Fire & Rescue Department
recently initiated a new five-year
CMFR strategic planning process,
which will result in a new
Community Driven CMFR Strategic
Plan (2022-2027), in alignment with
the City Council’s strategic goals
and objectives. The process
included obtaining feedback related
to safety and services from a range
of community stakeholders, as well
as input from internal stakeholders.

A draft report is currently being
worked on and will be shared with
the City Council.

6/2/22 – Received and made edits
from City Manager. Sent to PD, Fire
and Parks for review. Once that is
complete, will get it back to City
Manager for one last review and
then create and circulate survey.

80 C3
Chief Lawrence hosted Listening
Tour events at several locations
throughout Costa Mesa with the
Mayor and/or the respective
Councilmember who could attend
these meetings:
 8/3: District 3 at Vanguard
University
 8/17: District 1 at Mesa Verde
United Methodist Church
 8/22: District 2 at Newport Mesa
Unified School District offices
 8/24: District 6 at Boys and Girls
Club
 9/7: District 4 meeting to be held
 9/21: District 5 meeting to be
held
Each event has been attended by
residents who have voiced concerns
or given input. Some of the
concerns that needed a follow-up
were documented by staff and
shared with the appropriate Unit.

Two requests from the Listening
Tours were handled by PAM Fyad.

4. March 15, 2022

Parks and Community
Services Director

Update the City Council on the Open Space Master Plan,
with a focus on access to parks.

12/7/21 - City Council approved an
agreement with RJM Design Group
to complete the Open Space Master
Plan (not-to-exceed $56,600).

The Master Plan review is
underway, with stakeholder
interviews and phone surveys in
progress. Community meetings will
be next, with publicity to go out in
the coming weeks. The update
process is expected to be complete
in fall 2022.

8/29/2022 - Draft report is being
prepared for presentation to the
Parks and Community Services
Commission in October. After
community input at the Commission,
the draft will be presented to the City
Council at a study session in
November for review and public
comment.
81 C4

5. March 15, 2022

Asst. City Manager

Present options to the City Council for a behavioral health response model.

Reviewing best practices and
conducting outreach to potential
providers. Made contact with 3 cities
for potential opportunities to
collaborate and exploring available
funding streams.

Seeking sustainable funding to
develop a pilot program.

6. FUTURE OBJECTIVE

_______, 2022

Asst. City Manager, working
with the Communications
Team

Identify, develop and implement a measurement tool(s) to determine the effectiveness of the City’s communications and public engagement with all segments of the
community.

82 D1

THREE-YEAR GOAL: DIVERSIFY, STABILIZE AND INCREASE HOUSING TO REFLECT COMMUNITY NEEDS

WHEN

WHO

WHAT

STATUS

COMMENTS

DONE ON
TARGET

REVISED

1. Dec. 1, 2021

Asst. City Manager – lead,
Development Services Dir.,
City Attorney

Present to the City Council opportunity sites for potential motel conversions with site control options.

11/16/21- Two proposed sites
approved by the City Council.

12/14/21 – County Board of
Supervisors approved one site
(Motel 6) for submission to the State
by the deadline of 1/31/22.

4/27/22 – City announced State
HCD approval of $10.7 million for
motel conversion in Costa Mesa
(Project Homekey).

7/19/22 – Council approved a total
award of $5M ($3.5M ARPA +
$1.5M HOME) to Motel 6 Project
Homekey.

10/4/22 – Staff to take Motel 6
Project Homekey Affordable
Housing Agreement to Council for
their consideration.

2. Dec. 15, 2021

City Attorney and the
Development Services Dir.

Present to the City Council for action necessary code
amendments to address SB 8, 9, and 10.

12/7/21 - City Council adopted an
urgency ordinance adopting
changes to Title 13 (Zoning) relating
to the implementation of Senate Bill
9 for the creation of two residential
units per lot and urban lot splits in
single family residential zones; and
declaring the ordinance an urgency
measure to take effect immediately.
83 D2

3. Dec. 15, 2021

City Manager, working with
the City Council

Initiate and convene a Citizens Advisory Group to discuss Measure Y and Housing Element compliance.

10/19/21 – The City Council
approved formation of a Housing Ad
Hoc Committee to lead community
outreach efforts and deliberations
regarding Housing Element
Compliance and Measure Y.

1/11/22 – Community Forum was
held by Ad Hoc Committee to seek
input from the public.

7/12/22 – Study Session conducted
to consider the Ad Hoc Committee’s
recommendations.

4. Feb. 1, 2022

Development Services Dir.

Present to the City Council for action the Housing Element.

11/8/21 - The initial Housing
Element presentation to the
Planning Commission took place.

On target for City Council discussion
in January 2022 and final adoption
on February 1st

2/1/22- The City Council adopted a
Resolution approving the City of
Costa Mesa’s 2021-2029 (Sixth-
Cycle) Housing Element.

5. June 1, 2022

Development Services Dir.
and City Attorney

Present to the Planning Commission a draft Inclusionary Housing Ordinance.

Keyser Marston Associates, the
City’s inclusionary housing
consultant, has completed a draft of
the required technical report. On
target for presentation of options to
the City Council and Planning
Commission in late 2022.

6. FUTURE OBJECTIVE

_______, 2022

Development Services Dir.
and City Attorney

Initiate a draft STR Ordinance and an evaluation of
program implementation options.

11/2/21 – City Council approved an
urgency ordinance prohibiting STR’s
(except for home sharing). Staff will
investigate opportunities for a
permitting system and return to
Council.
84 D3

7. FUTURE OBJECTIVE

_______, 2022

Development Services Dir.
and the City Attorney,
working with Jamboree
Housing

Present to the City Council for consideration a development plan and land use documentation for affordable senior
housing at the Senior Center site.

Jamboree Housing has initiated
meetings with staff and submitted an
application for a senior housing
project on the City Senior Center
site 2022. The City Manager
approved an extension of the ENA
in mid-2022 and site planning and
technical analyses are underway.
85 E1

THREE-YEAR GOAL: ADVANCE ENVIRONMENTAL SUSTAINABILITY AND CLIMATE RESILIENCY

WHEN

WHO

WHAT

STATUS

COMMENTS

DONE ON
TARGET

REVISED

1. Early 2023

Public Services Director

Present the Pedestrian Master Plan update to the City
Council for direction.

10/6/21 – 2nd Public Outreach
meeting held.

12/1/21 – Draft recommendations
and draft Pedestrian Master Plan
recommendations presented to the
Active Transportation Committee
(ATC).

1/19/22 – A special meeting of the
ATC focused on the Pedestrian
Master Plan.

3/8/22 - Draft recommendations and
plan revised to incorporate and
address comments.

4/6/22 - Draft plan submitted on
April 6. Public outreach conduced
April 27 to review draft plan. Draft
Plan uploaded to City website.

5/4/22 – Draft plan posted to City
website on 4/14. Public outreach
meeting held on 4/27.

6/6/22: Comment matrix with
responses sent to ATC on 5/6.

6/22/22 – ATC voted unanimously to
move the Pedestrian Master Plan
forward to Planning Commission.

8/30/22: Pedestrian Master Plan to
be scheduled for Planning
Commission in Fall 2022
86 E2

2. 2023

Public Services Director,
working with the City
Manager

Develop a scope of work for the Climate Action and
Adaptation Plan and present to the City Council for action.

Staff is currently conducting
research on best practices in
CAAP development, including
detailed review of climate action
plans of several cities in California.

Staff has also developed a draft
community survey titled “Climate
Ready Costa Mesa: Community
Survey” to gauge Costa Mesa
residents’ concerns and priorities
in climate change. The survey is
expected to be launched in early
2022.

1/5/22 – Staff has completed
research on best practices and
lessons learned, and is currently
working on developing a draft
scope of work for Costa
Mesa.

3/8/22 - City staff has developed a
draft Climate Action and
Adaptation Plan (CAAP) and it is
currently being reviewed by the
City Manager.

Project on hold pending
recruitment of Energy &
Sustainability Manager
87 E3

3. July 15, 2022

Public Services Director

Provide an update of the Stormwater Management Master
Plan to the City Council.

Phase 1 - Existing Conditions
Assessment Review (ECAR)
 Data Collection of Record
Information: Completed
 Site Assessment and
Inspection: Completed
 Base maps Development:

Ongoing
 Existing and Proposed
Hydrologic/ Hydraulic Analysis
(EHH): Ongoing

6/16/22 - Public Workshop # 1 to
review Draft ECAR conducted.

7/15/22 - ECAR & Phase 1 completed
and sent to City Council.

Phase 2 - Storm Drain Master Plan
(SDMP) Update

July 2022: Proposed Storm Water
Alternatives Improvement Map
(SWAIM) and hydraulic models to be
incorporated.

Late 2022: Phase 2 expected to be
completed.

January 2023: Public Workshop #2 to
review Final SDMP.

Phase 3 - Drainage System Upgrade
Fees and Financing Study

September 2022: Draft fee upgrades &
finance study begins.

Early 2023: City review of fee
upgrades and finance study beings.

FiPAC & Planning Commission
meetings scheduled.

Phase 4 - Westside Storm Drain
Improvements

Summer 2023: Final review of Plans
Specs & Estimates (PS&E) scheduled
to begin.
88 E4

4. December 31,
2022

Public Services Director,
working with the
Development Services Dir.

Re-evaluate the existing Municipal Sustainable Policy,
including landscape, organic waste and infrastructure
planning and present the results to the City Council for action.

Staff mobilized Costa Mesa Green
Team (representatives from Public
Services & Development Services)
to review existing policy developed
in 2007 and conduct research on
ways to advance sustainability at
City owned facilities and
infrastructure.

Staff recruited members of
‘Sustainability Working Group’,
representatives from all City
Departments to provide
suggestions to improve the
Sustainable Municipal Green
Policy.

1/5/22 – The Costa Mesa Green
Team has conducted research on
best practices in municipal
sustainability and has developed
preliminary goals.

The Sustainability Working Group
members, representing all City
Departments, have been identified
and the first internal workshop to
review the policy will be held in
early January.

3/8/22 - City staff completed the
draft Sustainable Municipal Green
Policy (SMGP) update and it is
currently being reviewed by the
City Manager and other
Departments.

The Green Team celebrated Earth
Day and Arbor Day while
implementing the tentative policies
of the SMGP.

The SGMP update will be
transmitted to Council following
City Manager approval.

89 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-855 Meeting Date: 9/20/2022
TITLE:

I-405 IMPROVEMENT PROJECT - AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

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

Staff recommends the City Council:

1. Approve Amendment No. 3 to Cooperative Agreement No. C-5-3612 between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) to increase OCTA’smaximum obligation to the City by $50,000 for a total not-to-exceed amount of $644,594.

2. Authorize the City Manager and City Clerk to execute the amendment, in a form approved by the City Attorney, and future amendments to the agreement within City Council authorized limits.

4. Approve proposed Amendment No. 3 (Attachment 1) to the Professional Services Agreement (PSA) with Interwest Consulting Group Inc., 15140 Transistor Lane, Huntington Beach, CA 92649, increasing the maximum compensation by $50,000 for construction support services, on an as- needed basis, for the I-405 Improvement Project, for a total not-to-exceed amount of $400,000.

5. Authorize the City Manager and the City Clerk to execute the amendment and future authorized amendments to the Professional Services Agreement.

BACKGROUND:

The Orange County Transportation Authority (OCTA), in cooperation with the State of California Department of Transportation (Caltrans), is implementing improvements to the I-405 Freeway between the SR-73 and I-605 Freeways. The project includes the addition of one (1) mixed-flow lane and one (1) express lane and the conversion of the existing High Occupancy Vehicle (HOV) lane to

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90 File #: 22-855 Meeting Date: 9/20/2022
an express lane.

In the City of Costa Mesa, major elements of the project include the direct connector ramps between the SR-73 and I-405 Freeways; reconstruction of the Fairview Bridge; realignment of the southbound I-405 onramp from Harbor Boulevard; and sound walls. The significant component of the project in Costa Mesa is the re-design and reconstruction of the Fairview Road/I-405 Interchange and approaches to Fairview Road. There will be multiple traffic detour plans for various phases of the project.

Pursuant to Cooperative Agreement No. C-5-3612 between the City and OCTA, as amended, OCTA will implement the project and ensure it meets State and City requirements and will reimburse the City for all services and costs incurred to complete the project, up to $594,400. The Original Cooperative Agreement is provided in Attachment 3. The reimbursement to the City includes costs for review and approval of plans, specifications, reports, and oversight of construction inspection services for City facilities, review and acceptance of the transportation management plan, traffic engineering, and police services during design and construction of the project. If the City were to incur additional costs, subsequent amendments could be executed between OCTA and the City to address them. The City of Costa Mesa agreed to provide staff support and retain consultant services as needed to review the project plans and assist during the construction phase.

ANALYSIS:

The construction duration of the I-405 Improvement Project has extended longer than anticipated; therefore, an amendment to the Cooperative Agreement No. C-5-3612 between the City and OCTA is needed for additional costs that would be incurred by the City. OCTA approved an additional $50,000 to Cooperative Agreement C-5-3612 between the City of Costa Mesa and OCTA to increase the reimbursement to the City by $50,000 for staff and consultant support services for a total up to $644,594. OCTA is processing the amendment to increase OCTA’smaximum obligation to the City by $50,000. Staff requests approval of Amendment No. 3 to Cooperative Agreement No. C-5-3612 and approval of a budget adjustment recognizing the additional $50,000 revenue and appropriating these funds to the I-405 Improvement Project.

Interwest Consulting Group, Inc. is currently providing construction support services for the I-405 Improvement Project. Staff anticipates expending the previously encumbered amounts by September 2022. Staff requests approval of Amendment No. 3 to the Professional Services Agreement with Interwest increasing the maximum compensation by $50,000 for the I-405 project.

ALTERNATIVES:

One alternative would be to not approve and recognize the revenue from Amendment No. 3.

However, this would result in staff’s inability to invoice and receive funds from OCTA for reimbursement of staff time and consultant services for work associated with the I-405 Improvement Project.

Another alternative would be to not approve the proposed amendment to the Interwest Professional Services Agreement. However, this would result in diverting City staff resources from other critical City projects to the I-405 project. Staff does not recommend this alternative.

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91 File #: 22-855 Meeting Date: 9/20/2022
FISCAL REVIEW:

Upon execution of Amendment No. 3 to the Cooperative Agreement C-5-3612 between the City of Costa Mesa and OCTA, revenue and expense appropriations in the amount of $50,000 respectively will be added for this project. .

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This project supports the following City Council goals:
· Achieve long-term fiscal sustainability
· Strengthen the public’s safety and improve the quality of life CONCLUSION:

Staff recommends the City Council:

1. Approve Amendment No. 3 to Cooperative Agreement No. C-5-3612 between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) to increase OCTA’s maximum obligation to the City by $50,000 for a total not-to-exceed amount of $644,594.

2. Authorize the City Manager and City Clerk to execute the amendment, in a form approved by the City Attorney, and future amendments to the agreement within City Council authorized limits.

4. Approve proposed Amendment No. 3 (Attachment 1) to the Professional Services Agreement (PSA) with Interwest Consulting Group Inc., 15140 Transistor Lane, Huntington Beach, CA 92649, increasing the maximum compensation by $50,000 for construction support services, on an as- needed basis, for the I-405 Improvement Project, for a total not-to-exceed amount of $400,000.

5. Authorize the City Manager and the City Clerk to execute the amendment and future authorized amendments to the agreement.

Page 3 of 3 ends

92 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-855 Meeting Date: 9/20/2022
TITLE:

I-405 IMPROVEMENT PROJECT - AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT FOR CONSTRUCTION SUPPORT SERVICES
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

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

Staff recommends the City Council:

1. Approve Amendment No. 3 to Cooperative Agreement No. C-5-3612 between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) to increase OCTA’smaximum obligation to the City by $50,000 for a total not-to-exceed amount of $644,594.

2. Authorize the City Manager and City Clerk to execute the amendment, in a form approved by the City Attorney, and future amendments to the agreement within City Council authorized limits.

4. Approve proposed Amendment No. 3 (Attachment 1) to the Professional Services Agreement (PSA) with Interwest Consulting Group Inc., 15140 Transistor Lane, Huntington Beach, CA 92649, increasing the maximum compensation by $50,000 for construction support services, on an as- needed basis, for the I-405 Improvement Project, for a total not-to-exceed amount of $400,000.

5. Authorize the City Manager and the City Clerk to execute the amendment and future authorized amendments to the Professional Services Agreement.

BACKGROUND:

Page 1 of 3 ends

93 File #: 22-855 Meeting Date: 9/20/2022
an express lane.

ANALYSIS:

ALTERNATIVES:

One alternative would be to not approve and recognize the revenue from Amendment No. 3.

Page 2 of 3 ends

94 File #: 22-855 Meeting Date: 9/20/2022
FISCAL REVIEW:

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This project supports the following City Council goals:
· Achieve long-term fiscal sustainability
· Strengthen the public’s safety and improve the quality of life CONCLUSION:

Staff recommends the City Council:

1. Approve Amendment No. 3 to Cooperative Agreement No. C-5-3612 between the City of Costa Mesa and the Orange County Transportation Authority (OCTA) to increase OCTA’s maximum obligation to the City by $50,000 for a total not-to-exceed amount of $644,594.

2. Authorize the City Manager and City Clerk to execute the amendment, in a form approved by the City Attorney, and future amendments to the agreement within City Council authorized limits.

4. Approve proposed Amendment No. 3 (Attachment 1) to the Professional Services Agreement (PSA) with Interwest Consulting Group Inc., 15140 Transistor Lane, Huntington Beach, CA 92649, increasing the maximum compensation by $50,000 for construction support services, on an as- needed basis, for the I-405 Improvement Project, for a total not-to-exceed amount of $400,000.

5. Authorize the City Manager and the City Clerk to execute the amendment and future authorized amendments to the agreement.

Page 3 of 3 ends

95 1
Interwest Consulting Group Inc.

I-405 Improvement Project-Construction Support
Amendment Three
Rev. 05-20

AMENDMENT NUMBER THREE

TO PROFESSIONAL SERVICES AGREEMENT
WITH
INTERWEST CONSULTING GROUP INC.

This Amendment Number Three (“Amendment”) is made and entered into this 20th day of September, 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and INTERWEST CONSULTING GROUP INC. , a Colorado corporation (“Consultant”).

WHEREAS, City and Consultant entered into an agreement dated January 15, 2019 for Consultant to provide construction support services in connection with the I -405 Improvement Project (the “Agreement”); and
WHEREAS, City and Consultant increased Consultant’s maximum compensation to Three Hundred Fifty Thousand Dollars ($350,000.00) to enable City to use Consultant for additional construction support services through Amendment Number One to the Agreement, dated February 16, 2021; and
WHEREAS, Section 4.1 of the Agreement provides for a term of three (3) years, with the option to extend the term for two (2) additional one (1) year periods; and WHEREAS, City and Consultant extended the term of the Agreement for one (1) year, through January 14, 2023, through Amendment Number Two to the Agreement, dated January 14, 2022; and
WHEREAS, City and Consultant now desire to increase Consultant’s maximum compensation to Four Hundred Thousand Dollars ($400,000.00) to enable City to use Consultant for additional construction support services for the I-405 Improvement Project.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Section 2.1 of the Agreement shall be amended to reflect that Consultant’s total compensation shall not exceed Four Hundred Thousand Dollars ($400,000.00).

2. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.

3. All other terms, conditions, and provisions of the Agreement shall remain in full force and effect.

4. This Amendment may be executed in one or more counterparts, each of whi ch shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
[Signature page follows.]
ATTACHMENT 1
96 2
Interwest Consulting Group Inc.

I-405 Improvement Project-Construction Support
Amendment Three
Rev. 05-20

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above.

CONSULTANT

________________________________ Date: __________________________ Signature

________________________________
Name and Title

CITY OF COSTA MESA

________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

________________________________ Date: __________________________ Ruth Wang
Risk Management

97 3
Interwest Consulting Group Inc.

I-405 Improvement Project-Construction Support
Amendment Three
Rev. 05-20

APPROVED AS TO CONTENT:

________________________________ Date: __________________________ Jennifer Rosales
Project Manager

DEPARTMENTAL APPROVAL:

________________________________ Date: __________________________ Raja Sethuraman
Public Works Director

APPROVED AS TO PURCHASING:

________________________________ Date: __________________________ Carol Molina
Finance Director
98 ATTACHMENT 2
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
1 2
3 4
5 6
7 8
9 Distributed: 51 J-I l Accounting
CAMM
~~A !JIJ1'llf:-0{J/'60 Ven~-~ ·
CA Jc f.ks/Jr/l<_/
COOPERATIVE AGREEMENT NO. C-5-3612

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF COSTA MESA
FOR
1-405 IMPROVEMENT PROJECT
THIS COOPERATIVE AGREEMENT (Agreement), is effective this /0 .J8.,,, day of __ :._,r/_~---ji----' 20 Uf!, by and between the Orange County Transportation Authority, 550 South 10 Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of 11 California (herein referred to as "AUTHORITY") and the City of Costa Mesa, 77 Fair Drive, Costa Mesa, 12 California 92628, a municipal corporation duly organized and existing under the constitution and laws of 13 the State of California (herein referred to as "CITY") each individually known as "Party" and collectively 14 known as the "Parties".
15 RECITALS:
16 WHEREAS, AUTHORITY, in cooperation and partnership with the California Department of 17 Transportation, herein referred to as "CALTRANS", is proposing to reduce congestion and improve 18 lane continuity through the Interstate 405 (1-405) corridor with improvements to mainline and 19 interchanges on 1-405 between State Route 73 (SR-73) and Interstate 605 (1-605). 20 WHEREAS, the improvements are generally defined as adding one general-purpose lane from 21 Euclid Street to 1-605, plus adding an additional median lane which will be combined with the existing 22 HOV lane and operated as dual express lanes in each direction of 1-405 from State Route (SR)-73 to 23 Interstate 605 (1-605), replacing and/or widening structures, and other additional geometric and 24 interchange improvements, including improvements to CITY-owned and operated streets, and traffic 25 facilities hereinafter referred to as CITY FACILITIES potentially impacted by this project, all of which 26 are hereinafter referred to as "PROJECT". AUTHORITY will use a design-build method of delivery for

Page 1 of 17 ends

ATTACHMENT 3
116
COOPERATIVE AGREEMENT NO. C-5-3612
1 build team (herein referred to as "CONTRACTOR"; and
2 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities 3 between the AUTHORITY and CITY regarding the CONTRACT DOCUMENTS, and the design and 4 construction of PROJECT in regards to CITY FACILITIES; and 5 WHEREAS, AUTHORITY is the sponsor and the primary funding agency for PROJECT; and 6 WHEREAS, CITY-owned and operated utilities will be subject to an utility agreement(s) and 7 separate from, and outside of this Agreement; and
8 WHEREAS, PROJECT is located within and adjacent to the CAL TRANS right-of-way in the Cities 9 of Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Seal Beach, Los 10 Alamitos, and County of Orange; and
11 WHEREAS, AUTHORITY has contracted with Parsons Transportation Group, Inc., as the 12 Program Management Consultant (PMC) for this PROJECT, to assist with the administration and 13 oversight of the procurement, and design and construction phases of PROJECT; and 14 WHEREAS, AUTHORITY has contracted with Jacobs Project Management Co., as the 15 Construction Management Consultant (CMC) for this PROJECT, to assist with the administration and 16 oversight of the procurement, and construction phases of PROJECT; and 17 WHEREAS, AUTHORITY agrees to acquire right-of-way necessary for the PROJECT; and 18 WHEREAS, AUTHORITY shall ensure CONTRACTOR's compliance with all applicable 19 requirements contained in this Agreement; and
20 WHEREAS, CITY FACILITIES will _potentially be impacted by PROJECT, and AUTHORITY 21 desires to collaborate with CITY during the development of the CONTRACT DOCUMENTS for the 22 selection of a CONTRACTOR, and during the design and construction of PROJECT; and 23 WHEREAS, AUTHORITY will provide contract administration for all phases of PROJECT work 24 on CITY FACILITIES, and work within CITY right-of-way, while adhering to State, Federal, and CITY 25 standards and requirements, as applicable; and
26 I

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117
COOPERATIVE AGREEMENT NO. C-5-3612
1 WHEREAS, AUTHORITY will reimburse CITY for actual costs for CITY SERVICES, as related to 2 improvements to CITY FACILITIES, and defined as:
3 4
5 6
7 • Review and approval of plans, specifications, and other pertinent engineering plans, and reports, and for oversight construction inspection services • Review and acceptance of Transportation Management Plan (TMP) • Traffic engineering, and oversight detour inspections • CITY police services; and
8 WHEREAS, the costs for the following elements of CITY SERVICES cannot be quantified 9 and priced at this time, as they will be developed by the CONTRACTOR upon CITY acceptance of TMP. 10 Once the costs of these elements are developed, AUTHORITY shall amend this Agreement to account 11 for such costs: set forth herein
12 • Costs for mitigation for reduction of pavement life related to impacts to CITY 13 streets along the signed, long-term detours, and alternate detour routes required by CONTRACTOR; 14 and
15 16
17 18
19 20
21 WHEREAS, CITY's City Council approved this Agreement on the ~
,r day of
ftpr1'( ,20-'1.l.;and
WHEREAS, AUTHORITY's Board of Directors authorized this Agreement on the f 4:-ih day of NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:

ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by 22 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this 23 Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, 24 and communications between the Parties relating to the subject matter of this Agreement. The invalidity 25 in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) 26 I

Page 3 of 17 ends

118
COOPERATIVE AGREEMENT NO. C-5-3612
1 or conditions(s) of this Agreement. The above referenced Recitals are true and correct and incorporated 2 by reference herein.
3 B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) or 4 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's 5 right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation 6 in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall 7 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized 8 representative of AUTHORITY by way of a written amendment to this Agreement and issued in 9 accordance with the provisions of this Agreement.
10 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or 11 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such 12 performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in 13 respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not 14 be binding upon CITY except when specifically confirmed in writing by an authorized representative of 15 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of 16 this Agreement.
17 ARTICLE 2. SCOPE OF AGREEMENT
18 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the 19 subjects and projects addressed herein. AUTHORITY and CITY agree that each will cooperate and 20 coordinate with the other in all activities covered by this Agreement and any amendments to this 21 Agreement.
22 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
23 AUTHORITY agrees to the following responsibilities for PROJECT:
24 A. To be the sponsor and funding agency to manage and administer the contract for 25 PROJECT, which includes preliminary engineering, right-of-way acquisition, and preparation of 26 CONTRACT DOCUMENTS to be used in the advertisement of a design-build RFP and for the selection

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119
COOPERATIVE AGREEMENT NO. C-5-3612
1 of a CONTRACTOR to perform full design-build activities, and other related services, including 2 improvements to CITY FACILITIES which are necessary as part of PROJECT. 3 B. To perform right-of-way acquisition and right-of-way certification for PROJECT, and 4 specifically for CITY FACILITIES, if necessary.
5 C. To include within the CONTRACT DOCUMENTS, in regards to CITY FACILITIES, design 6 criteria which meets acceptable CITY standards in existence at the time the design-build RFP is released. 7 D. To coordinate with CITY during the development of the CONTRACT DOCUMENTS as 8 they relate to CITY FACILITIES, and afford the CITY the opportunity to review, and comment on the 9 CONTRACT DOCUMENTS prior to the release of the RFP for PROJECT, and in accordance with the 10 terms of this Agreement.
11 E. To coordinate with CITY regarding review times to be included in CONTRACT 12 DOCUMENTS. The review times will be applicable to the design and construction of PROJECT in 13 regards to CITY FACILITIES. AUTHORITY will hold Joint Resolution Meetings (JRT) with CITY to resolve 14 CITY comments and obtain approvals, if applicable.
15 F. To coordinate the procurement, and design and construction of PROJECT with the CITY, 16 and hold regular technical and partnering meetings to brief the CITY on the status of PROJECT, solicit 17 input, and provide a forum to discuss and resolve PROJECT issues which impact the CITY. 18 G. To respond cooperatively and within a reasonable time to requests for information and 19 documents by CITY.
20 H. To comply with all requirements of the Final Environmental Impact Report/Environmental 21 Impact Statement (FEIR/FEIS) for the PROJECT, including but not limited to the preparation and 22 processing of any and all supplemental environmental documents, including those required for CITY 23 FACILITY improvements for PROJECT.
24 I. If AUTHORITY encounters hazardous, archeological, paleontological, cultural, or other 25 protected materials and/or species within any existing or future CITY-owned right-of-way for the CITY 26 FACILITIES, AUTHORITY shall notify the CITY and responsible control agencies of such discovery.

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120
COOPERATIVE AGREEMENT NO. C-5-3612
1 J. The costs for any remediation or protection for Article 3, Paragraph I, shall be covered as 2 a PROJECT cost, provided that AUTHORITY may seek reimbursement from other third parties which 3 may be jointly or severally liable for such removal or protection. 4 K. To protect in place, rearrange or relocate after CITY consultation and concurrence, CITY- 5 owned public utility facilities found to be in conflict with PROJECT. All conditions of this clause shall be 6 subject to utility agreements which are separate from, and outside of, this Agreement. 7 L. To secure and comply with any and all other governmental and/or regulatory approvals, 8 permits and/or clearances required for the design and construction of CITY FACILITIES included in 9 PROJECT.
10 M. In the event CITY requests additional improvements, they shall be evaluated and 11 processed in accordance with Article 4, Paragraph L, of this Agreement. 12 N. To implement a Quality Management Plan during all phases of PROJECT. 13 0. To monitor all PROJECT activities to ensure compliance with the approved PROJECT 14 schedule, quality and budget goals of PROJECT.
15 P. To obtain concurrence for permanent easements, if required, for CITY FACILITIES. 16 Q. To facilitate discussion between CITY, local agencies, and others regarding resolution of 17 ownership, operation, and maintenance of CITY FACILITIES. 18 R. To coordinate with CAL TRANS and CITY for preparation and execution of Maintenance 19 Agreements.
20 S. To convey ownership of any property acquired by AUTHORITY for PROJECT, and which 21 is necessary for CITY FACILITIES upon completion of the CITY FACILITIES, and title to such right-of- 22 way having been acquired by AUTHORITY. Conveyance of such property to the CITY shall be completed 23 through an executed Property Transfer Agreement with AUTHORITY. AUTHORITY shall convey such 24 property in a condition acceptable to the CITY and in accordance with CAL TRANS' Right of Way Manual. 25 T. To require CONTRACTOR to submit to CITY for review and approval, including but not 26 limited to, plans, specifications, and other pertinent engineering plans, and reports, for CITY FACILITIES

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COOPERATIVE AGREEMENT NO. C-5-3612
1 prior to construction thereof. During construction, CITY may provide construction oversight inspection 2 services. Such reviews and approvals, and construction oversight inspection services (CITY SERVICES) 3 shall be in accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this 4 Agreement.
5 U. To require CONTRACTOR to prepare a TMP, and submit to CITY for review and 6 acceptance, in regards to construction related impacts to CITY. The TMP will address construction- ? related impacts to existing CITY street traffic, and will include normal traffic handling requirements during 8 PROJECT construction including staging, lane closures, re-striping, detours, and signalization, and will 9 specify requirements for communicating with the public and local agencies during construction. 10 Modifications to streets, intersections, signals, etc., required to address traffic impacts during construction 11 will be borne as a PROJECT cost. Such review and acceptance of TMP (CITY SERVICES) shall be in 12 accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement. 13 V. To obtain a written acceptance of TMP from CITY.
14 15
16 17
18 19
20 21
22 23
24 25
26 W. To reimburse the CITY for its actual costs for oversight detour inspections, traffic engineering services (including staff overhead and third party traffic signal maintenance service costs contracted out by CITY), and police services (including overtime costs). Ongoing deployment of police services related to PROJECT traffic management will require prior approval by AUTHORITY. Such traffic engineering, oversight detour inspections, and police services (CITY SERVICES) shall be in accordance with the CONTRACT DOCUMENTS, and reimbursable to CITY by this Agreement.

X. To monitor and ensure CONTRACTOR compliance with the TMP.

Y. To work collaboratively with CITY, upon acceptance of TMP, to prepare an established and approved visual pavement study to evaluate the pre-detour conditions, and forecasted impacts to the CITY street pavement used for signed, long-term freeway detours, and alternate route detours based on the period of construction within the CITY limits. As the result of the study, and as agreed to by Parties, AUTHORITY will reimburse CITY the exact amount of the agreed-to mitigation costs for the reduction of pavement life for the detour routes, via an amendment to this Agreement. The dollar amount of pavement

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122
COOPERATIVE AGREEMENT NO. C-5-3612
1 mitigation (CITY SERVICES) shall be a one-time, lump sum maximum reimbursement amount, and no 2 further payment will be made toward the mitigation costs described herein. 3 Z. To require CONTRACTOR to repair any and all damage to CITY street pavements that 4 occurs for any reason during the period of construction, in accordance with CITY standards and 5 requirements for removal and replacement of pavement and in accordance with the CONTRACT 6 DOCUMENTS and this Agreement. Street repairs shall be completed and approved prior to CITY 7 approval and acceptance of construction completion of CITY. 8 AA. To require CONTRACTOR to obtain a no fee encroachment permit from CITY prior to 9 commencing construction of PROJECT. Provided all conditions of such permit have been fulfilled, the 10 permits shall authorize CONTRACTOR to commence work within CITY right-of-way, or areas which affect 11 CITY FACILITIES.
12 BB. To monitor and ensure CONTRACTOR compliance with CITY's permit. 13 CC. To implement a Public Awareness Campaign during PROJECT that advises CITY, local 14 businesses, residents, elected officials, motorists, and media, of construction status, street detours, and 15 ramp and freeway closures, if and where applicable.
16 DD. To provide PROJECT closeout activities, including walk-through, punch list, final payment 17 accounting, and furnish approved "As-builts" to CITY for CITY FACILITIES. 18 EE. To develop, for CITY, a record of survey, final maps, and all necessary title transfers for 19 CITY relative to PROJECT.
20 FF. To obtain CITY written approval and acceptance at construction completion of CITY 21 FACILITIES.
22 GG. To reimburse CITY for combined costs identified as "CITY SERVICES", and in 23 accordance with the attached SCHEDULE A, "REIMBURSEMENT SCHEDULE FOR COMBINED CITY 24 SERVICES."
25 I
26 I

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COOPERATIVE AGREEMENT NO. C-5-3612
1 HH. To reimburse CITY for actual costs, within 30 days from receipt of each invoice that is 2 prepared and submitted in compliance with the requirements of ARTICLE 5, REQUEST FOR 3 REIMBURSEMENT, below.
4 II. AUTHORITY's reimbursement for CITY SERVICES will not exceed the combined 5 maximum amount shown on SCHEDULE A.
6 JJ. To perform all work associated with the PROJECT at no cost to the CITY, unless 7 specifically provided otherwise herein or in any amendment to this Agreement. 8 KK. To cause all contractors and vendors who perform work or provide supplies for CITY 9 FACILITIES to name the CITY as an additional insured on policies which the AUTHORITY is an additional 10 insured and, prior to the commencement of work, provide certificates of insurance to CITY showing the 11 CITY as an additional insured.
12 ARTICLE 4. RESPONSIBILITIES OF CITY
13 CITY agrees to the following responsibilities for PROJECT:
14 A. To collaborate and cooperate with AUTHORITY during the development of the 15 CONTRACT DOCUMENTS for the RFP, and during the design and construction of PROJECT. 16 B. To provide CITY SERVICES for PROJECT as agreed by CITY and AUTHORITY. 17 C. To review, and provide comment on, in a timely manner, and in accordance with the 18 CONTRACT DOCUMENTS and this Agreement, all plans and other submittals related to PROJECT, and 19 approve and/or concur with AUTHORITY or CONTRACTOR's submittals when CITY determines such 20 submittals comply with CITY's standards and criteria to facilitate AUTHORITY's delivery of PROJECT. 21 D. To make available to AUTHORITY all necessary CITY regulations, policies, procedures, 22 manuals, standard plans, and specifications required for the construction of PROJECT when requested 23 by AUTHORITY.
24 E. To attend and participate in the PROJECT's regular technical and partnering meetings for 25 AUTHORITY to brief CITY on the status of PROJECT, and to provide a forum to discuss and to resolve 26 CITY's concerns and issues.

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COOPERATIVE AGREEMENT NO. C-5-3612
1 F. Upon award of a design-build contract by AUTHORITY, to make reasonable efforts and 2 devote reasonable resources for the issuance of encroachment permits, and other necessary permits, if 3 applicable, to CONTRACTOR at no fee, and upon CONTRACTOR's compliance with permit 4 requirements, to not cause delay to PROJECT's construction schedule. Such permits shall authorize 5 CONTRACTOR to commence work within CITY right-of-way, or areas which affect CITY FACILITIES. 6 G. To make necessary efforts to coordinate and cooperate with AUTHORITY, its agents, and 7 contractors, to meet or exceed design-build schedule criteria as identified by AUTHORITY. 8 H. To waive any moratorium on the excavation or trenching work on CITY streets that were 9 recently resurfaced where such excavation or trenching are necessary for PROJECT. CONTRACTOR 10 will be required to adhere to CITY's requirements for the removal and replacement of pavement in 11 accordance with the CONTRACT DOCUMENTS and this Agreement. 12 I. To cooperate with AUTHORITY and use its best efforts to cause the rearrangement or 13 relocation of all municipal and public utility facilities, in accordance with applicable State or local franchises 14 or laws, that may be determined by AUTHORITY and CITY to be within CITY's jurisdiction and pose a 15 conflict with the PROJECT. CITY hereby agrees to exercise and invoke its rights under any applicable 16 State or local franchises or laws, or any prior rights or superior rights the CITY may have to effectuate 17 such rearrangement or relocation at the expense of the affected public utility as necessary to allow 18 completion of PROJECT. CITY shall cooperate with AUTHORITY and provide all appropriate and 19 necessary support to achieve this result. In the event the public utility fails to make the rearrangement 20 or relocation or fails to agree to make the rearrangement or relocation in a timely manner, CITY shall 21 assign to AUTHORITY its rights to rearrange or relocate said public utility under State law, or the 22 pertinent agreement or recorded instrument that the CITY has with the public utility entity. CITY shall 23 cooperate with AUTHORITY, provide assistance to the AUTHORITY as needed, and join with the 24 AUTHORITY as a party in the prosecution or defense of the CITY's and the AUTHORITY's rights 25 under the laws of the State of California to cause such rearrangements or relocations. Wherever 26 possible, any rearrangement or relocation of a public utility shall be made to an area covered by a

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1 State or local franchises or laws. All conditions of this clause shall be subject to utility agreements 2 which are separate from and outside of this Agreement. 3 J. To agree to take ownership of property acquired by AUTHORITY for PROJECT, and 4 which is necessary for CITY FACILITIES upon completion of the CITY FACILITIES, and title to such right- 5 of-way having been acquired by AUTHORITY. Conveyance of such property to the CITY shall be 6 completed through an executed Property Transfer Agreement with AUTHORITY. AUTHORITY shall 7 convey such property in a condition acceptable to CITY and in accordance with CAL TRANS Right of Way 8 Manual.
9 K. To accept operation and maintenance of the CITY FACILITIES, or portion thereof, upon 10 their acceptance by AUTHORITY, and based upon the AUTHORITY's written certification that the 11 AUTHORITY has complied with all terms of the Agreement. The acceptance of the CITY FACILITIES 12 and written certification shall not unreasonably be withheld. CITY acknowledges that CITY FACILITIES 13 may be completed at different times and accepted in different stages of PROJECT. 14 L. In the event CITY requests additional CITY FACILITY improvements to be incorporated 15 into PROJECT after release of the RFP, CITY shall be solely responsible for all costs and expenses 16 related thereto, including: 1) the costs incurred to incorporate the improvements into the PROJECT's 17 scope of work; 2) additional design, construction and oversight costs arising from or associated with 18 the improvements, including change orders related thereto; 3) additional operations and maintenance 19 costs arising from or associated with the improvements, including change orders related thereto; and 20 4) costs associated with any impact on the design and construction schedule associated with the 21 improvements, including any associated PROJECT delay costs and damages. This is not intended 22 to eliminate mitigations for required PROJECT changes identified during construction. 23 AUTHORITY, at its sole discretion, may agree to incorporate such CITY FACILITY improvements, 24 via an amendment to this Agreement, identifying the CITY FACILITY improvements, estimated costs, 25 and funding sources from CITY for these improvements. 26 I

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COOPERATIVE AGREEMENT NO. C-5-3612
M. To submit monthly invoices to AUTHORITY for work completed and actual costs incurred by CITY for CITY SERVICES, pursuant to ARTICLE 5. REQUEST FOR REIMBURSEMENT. CITY shall submit final invoice no later than ninety (90) days after final acceptance of PROJECT. Any costs in excess of the amounts specified herein shall not be incurred without a written amendment to this Agreement.

ARTICLE 5. REQUEST FOR REIMBURSEMENT
In order for CITY to be reimbursed for incurred costs relative to PROJECT, CITY agrees:

A. To prepare and submit to AUTHORITY a monthly invoice with supporting documentation. CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY.

The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the accuracy of the included information.

B. The invoice shall be submitted on CITY's letterhead.

C. The invoice shall be submitted by CITY, and in duplicate, to AUTHORITY's Accounts Payable Office. Each invoice shall include the following information:

1. Agreement Number C- 5-3612

2. The total of PROJECT expenditures shall specify the percent and amount of funds to be reimbursed, and include support documentation for all expenses invoiced excluding the one time, lump sum amount for reimbursement of pavement mitigation.

3. Adequate detail describing all work completed excluding pavement mitigation.

4. Such other information as requested by AUTHORITY.

D. To consult with AUTHORITY's Project Manager for questions regarding non-reimbursable expenses.

E. That total payments shall not exceed the maximum obligation specified in ARTICLE 7.

MAXIMUM OBLIGATION.

I
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COOPERATIVE AGREEMENT NO. C-5-3612
1 ARTICLE 6. DELEGATED AUTHORITY
2 The actions required to be taken by CITY in the implementation of this Agreement are delegated 3 to its CITY Public Works Director, or designee, and the actions required to be taken by AUTHORITY in 4 the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer or 5 designee.
6 ARTICLE 7. MAXIMUM OBLIGATION
7 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY 8 mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be Three 9 Hundred Forty Four Thousand, Nine Hundred Dollars ($344,900.00) excluding street pavement obligation 10 for pavement mitigation, unless agreed to and amended by both Parties. AUTHORITY's maximum 11 cumulative obligation for pavement mitigation shall be addressed in a future amendment to this 12 Agreement.
13 ARTICLE 8. AUDIT AND INSPECTION
14 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally 15 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized 16 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and 17 other data and records of CITY, relating to this Agreement, for a period of four (4) years after final 18 payment, or until any on-going audit is completed. For purposes of audit, the date of completion of this 19 Agreement shall be the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) 20 under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and 21 accounts. The above provision with respect to audits shall extend to and/or be included in contracts with 22 CITY's contractor or consultant, excluding contracts with legal counsel. 23 ARTICLE 9. INDEMNIFICATION
24 A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and expense 25 with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless 26 AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from

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1 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration 2 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and 3 attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of 4 persons (CITY's employees included), Claims for damage to property, including property owned by 5 AUTHORITY, or from any alleged violation of any federal, state, or local law or ordinance, alleged to be 6 caused by the negligent acts, omissions or willful misconduct of CITY, its officers, directors, employees 7 or agents in connection with or arising out of the performance of this 8 Agreement.
9 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 10 cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold 11 harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from 12 and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration 13 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and 14 attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of 15 persons (AUTHORITY's employees included) and Claims for damage to property, including property 16 owned by CITY, alleged to be caused by the negligent acts, omissions or willful misconduct of 17 AUTHORITY, CONTRACTOR, their officers, directors, employees or agents arising out of the 18 performance of this Agreement and/ or arising out of the condition of the CITY FACILITIES on which the 19 PROJECT is being constructed, or from any alleged violation of any federal, state, or local law or 20 ordinance, or from any breach of this Agreement, by AUTHORITY, CONTRACTOR, their officers, 21 directors, employees or agents.
22 C. The indemnification and defense obligations of this Agreement shall survive its expiration 23 or termination.
24 ARTICLE 10. ADDITIONAL PROVISIONS
25 A. Term of Agreement: The term of this Agreement shall be in full force and effect through 26 April 30, 2023.

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COOPERATIVE AGREEMENT NO. C-5-3612
1 B. Termination: In the event either Party defaults in the performance of its obligations under 2 this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall provide 3 written notice to the defaulting Party to cure such default within 30 days of such default. If the default 4 cannot be cured within such time, as determined by the non-defaulting Party, then the defaulting Party 5 shall have such additional time as provided in the written notice or such time as the Parties may otherwise 6 agree in writing. In any event, the non-defaulting Party shall promptly take such actions as are reasonably 7 necessary to cure the default. If the default or breach is material and not cured within the time provided 8 herein, either Party has the option, in addition to any other remedies available at law, to terminate this 9 Agreement upon thirty (30) days' prior written notice to the other Party. 10 C. Compliance with All Laws: AUTHORITY and CITY shall comply with all applicable federal, 11 state, and local laws, statues, ordinances and regulations of any governmental authority having 12 jurisdiction over the PROJECT.
13 D. Legal Authority: AUTHORITY and CITY hereto warrant that the persons executing this 14 Agreement are authorized to execute this Agreement on behalf of the Parties and that by so executing 15 this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. 16 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be 17 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 18 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 19 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 20 F. Counterparts of Agreement: This Agreement may be executed and delivered in any 21 number of counterparts, each of which, when executed and delivered shall be deemed an original and all 22 of which together shall constitute the same agreement. Facsimile signatures will be permitted. 23 G. Force Majeure: Either Party shall be excused from performing its obligations under this 24 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 25 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; 26 commandeering of material, products, plants or facilities by the federal, state or local government; national

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1 fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause 2 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond 3 the control and is not due to the fault or negligence of the Party not performing. 4 H. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or 5 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 6 of the other Party. Absent any consent, any such attempt of assignment shall be deemed void and of no 7 force and effect. Consent to one assignment shall not be deemed consent to any subsequent 8 assignment, nor the waiver of any right to consent to such subsequent assignment. 9 I. Governing Law: The laws of the State of California and applicable local and federal laws, 10 regulations and guidelines shall govern this Agreement. 11 J. Litigation fees: In the event that either Party to this Agreement shall commence any legal 12 or equitable action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover 13 its costs of suit, including reasonable costs and attorney's fees as determined by the court. 14 K. Notices: Any notices, requests, or demands made between the Parties pursuant to this 15 Agreement are to be directed as follows:
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To CITY
City of Costa Mesa
Public Works Department
77 Fair Drive
Costa Mesa, CA 92628
Attention: Ernesto Munoz
Public Works Director
Tel: (714) 754-5343
Email: Ernesto. [email protected]
To AUTHORITY
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Attention: Ms. Reem Hashem
Principal Contract Administrator
Tel: (714) 560-5446
Email: [email protected]

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COOPERATIVE AGREEMENT NO. C-5-3612
1 This Agreement shall be made effective upon execution by both Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-5-3612 to be 3 executed on the date first above written.
4 CITY OF COSTA MESA
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~L._ ~~ By:~ ~ ;Thomas 7c~ ~
Chief Executive Officer
,.,. ..

ATTEST: r
Dated: _....__Qi-'-+t /-=--i f;..i...1.1..::<.j b ___ _ Attachment:

Darrell ohn n
Chief x utive Officer
~,~PPROVED AS TO FORM:

Ji B ii, P.E.
xe tive Director, Capital Programs
Dated: -----"5)~f,><-+-4-/i:....=...b __ _
I I
~23
7· 24
Schedule A - Maximum Reimbursement for Combined City Services ~:

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COOPERATIVE AGREEMENT NO. C-5-3612

SCHEDULE A

REIMBURSEMENT SCHEDULE FOR COMBINED CITY SERVICES

CITY OF COSTA MESA
Item No. Reimbursement Description Maximum Reimbursement Amount(1)
1 Review and approval of plans, specifications, plans, and other pertinent engineering plans and $202,500 reports, Traffic Management Plan (TMP) review and concurrence, and construction oversight inspection services related to CITY FACILITIES.
2 Traffic engineering and detour inspection $78,700
3 Police services (including overtime costs) $63,700
4 Pavement Mitigation TBD (2)
TOTAL MAXIMUM REIMBURSEMENT $344,900
(1) Schedule A shows estimated reimbursement amounts for each CITY SERVICES item of work. During the term of this Agreement. The CITY may redistribute funds among items of work as needed; however, the total combined amount for CITY SERVICES shall not exceed the Total Maximum Reimbursement amount shown herein. (2) This amount will be determined after CONTRACTOR is hired by AUTHORITY, and shall be reimbursed as a one-time, lump sum amount upon execution of an amendment to this Agreement. 03/11/2016
133
~~g·~~: -§!\~~~HE~t: 16:31:;;·-----------------------------iii:TA-PROO-----------------------------~~~~ ~~~ ***** PURCHAS Page: ~~· 2 E REQUISITION REPRINT***** Report: MSR23CA Version: 5.2.37.AA9 Date Date Material Related ---------Authorised-----------Reg.No Requested By: 0000000348 019301 DAVE BUI Priority: Entered Required 12/02/15 12/31/15 Group W/H Req. By Date Value 0000004559 03/11/16 344900.00 Delivery Instruction: Suggested Supplier:

Purchasing Question Budget Year Encumbered Grant Funded Amendment Verified in IFAS Purchasing Answer FY 16/17 No No Not Applicable (not an Amendme Purchasing Instructions: Cooperative Agreement with the City of Costa Mesa. in the amount of $344.900. to reimburse City for plan and report reviews. traffic engineering services. and police services for I-405 ImP,rovement Project. Buaget is proposed in FY17. PM: Dennis Mak X5826. Expenditures will be as follow: FY17 = $14.900 FY18 = $45.000 FY19 = $80.000 FY20 = $80.000 FY21 = $80.000 FY22 = $45.000 Total = $344.900 Equipment-Referenc~efault Costin~rg5i~lJRork-Order-Account-Code _______ _ 0017FK1010I29084
Item Quantity UOM Est. Price Description/Mnemonic and Part Number 1 1.00 EA
Status: Not Ordered
Item Costing Details: Equipment Reference
344900.00 Cooperative Agreement with the City of Costa Mesa. in the amount of $344.900. to reimburse City for plan and report reviews, traffic engineering services. and police services for I-405 Improvement Project.

Project/Work Order Account Code 0017FK1010I29084
% 100.00 Proforma/ Lead Order No. Supplier Time Frt Dlv Act. Price J ___________ l _________ l ______ l ____ l ____ l _________ o.ooJ %
100. 00
134
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-862 Meeting Date: 9/20/2022
TITLE:

REJECT ALL BIDS - WEST 19TH STREET BICYCLE IMPROVEMENTS AND STRIPING PROJECT, CITY PROJECT NO. 22-06
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:

BACKGROUND:

West 19th Street is a major thoroughfare in the Westside neighborhood and is classified as a primary arterial in the Orange County Transportation Authority’s (OCTA’s) 2022 Master Plan of Arterial Highways (MPAH).

West 19th Street bicycle facility improvements is an approved Capital Improvement Program (CIP) project. It provides enhanced bicycle facility which encourages bicycling for both commuting and recreational purposes per the City’s approved Active Transportation Plan (ATP).

The bicycle facility improvements project along West 19th Street between Sundance Drive and Park Avenue were designed to include slurry seal improvements, new concrete parkway bulb-outs at the intersections of Placentia Avenue and at Wallace Avenue, new pavement striping, and markings consisting of Class II bicycle facilities with green thermoplastic conflict zones, and new crosswalks.

Public Works staff proceeded in developing the working plans, specifications, details, and estimate for this project and advertised on July 20, 2022. The public bid opening was held on August 23, 2022, when all submitted bids were announced and published.

ANALYSIS:

On August 23, 2022, staff received four (4) bids for this project. The bid analysis is shown as Attachment 1.

Staff has reviewed all bids and has determined that they significantly exceed the current allotted budget for this project. The Engineer’sestimate was $470,000. Therefore, staff requests that the City Council reject all bids and direct staff to modify the scope of the project and to re-advertise the

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File #: 22-862 Meeting Date: 9/20/2022
Council reject all bids and direct staff to modify the scope of the project and to re-advertise the project.

Staff believes that revising the scope and re-advertising may attract more contractors to bid, resulting in bid proposals at competitive prices.

ALTERNATIVES:

The alternative would be to reject staff’s recommendation and award to the low bidder, Falkon Construction. Staff has determined that this alternative is not recommended since the current budget does not support the amount required for the lowest bidder.

FISCAL REVIEW:

There is no fiscal impact at this time if all bids are rejected and the project is re-advertised as recommended.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

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136
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-862 Meeting Date: 9/20/2022
TITLE:

BACKGROUND:

ANALYSIS:

On August 23, 2022, staff received four (4) bids for this project. The bid analysis is shown as Attachment 1.

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File #: 22-862 Meeting Date: 9/20/2022
Council reject all bids and direct staff to modify the scope of the project and to re-advertise the project.

Staff believes that revising the scope and re-advertising may attract more contractors to bid, resulting in bid proposals at competitive prices.

ALTERNATIVES:

FISCAL REVIEW:

There is no fiscal impact at this time if all bids are rejected and the project is re-advertised as recommended.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

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ATTACHMENT 1 - BID ANALYSIS
WEST 19TH STREET BICYCLE IMPROVEMENTS AND STRIPING PROJECT, NO. 22-06 Item Code Description Units Quantity Falkon Constr.

Unit Price
Falkon Constr.

Line Total
Onyx Paving
Unit Price
Onyx Paving
Line Total
All Amer Asph
Unit Price
All Amer Asph
Line Total
Premo Constr.

Unit Price
Premo Constr.

Line Total
1 Mobilization and Project Scheduling L.S. 1 $12,335.84 $12,335.84 $72,617.50 $72,617.50 $115,000.00 $115,000.00 $15,000.00 $15,000.00 2 Additional Work Items [includes any asphalt concrete (A.C.) digouts and pavement repair] F.A. 1 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 3 Temporary Traffic Control L.S. 1 $14,558.82 $14,558.82 $172,000.00 $172,000.00 $75,000.00 $75,000.00 $4,000,024,165.00 $4,000,024,165.00 4 Construct One (1) Intersection “Bulb-Out” at the Northwest Corner of West 19th St. and Placentia Ave., including All Demolition & Haul Away, Construction of Concrete Sidewalk (4-inch Concrete over 4-inch C.M.B.), A.D.A. Curb Ramps per Plan, Curb & Gutter per Plan, Asphalt Concrete (A.C.) Slot Pave, and All Other Ancillary Work Needed for Completion per Engineer’s Direction.

EA 1 $52,227.15 $52,227.15 $45,000.00 $45,000.00 $80,000.00 $80,000.00 $24,165.00 $24,165.00 5 Construct Two (2) Intersection “Bulb-Outs” at the Northerly Intersection of West 19th St. and Wallace Ave., including All Demolition & Haul Away, Construction of Concrete Sidewalk (4- inch Concrete over 4-inch C.M.B.), A.D.A. Curb Ramps per Plan, Curb & Gutter per Plan, Asphalt Concrete (A.C.) Slot Pave, and All Other Ancillary Work Needed for Completion per Engineer’s Direction.

EA 2 $40,792.86 $81,585.72 $45,000.00 $90,000.00 $70,000.00 $140,000.00 $47,512.00 $95,024.00 6 Construct Two (2) New A.D.A. Curb Ramps at the northerly intersection of West 19th St. and Sundance Dr. per Caltrans Standard Plan No. A88A with Yellow Truncated Domes /
Detectable Warning Surface. Curb Ramps Shall be Built as 4-inch Concrete over 4-inch C.M.B. or per Engineer’s Direction and this Item Shall include the Restoration of Concrete Sidewalk and Curb & Gutter, including C.M.B. This Item shall also include 18-inch Wide A.C. Slot Pave.

EA 2 $22,708.85 $45,417.70 $27,000.00 $54,000.00 $25,000.00 $50,000.00 $14,340.00 $28,680.00 7 Wet Sandblasting Existing Striping / Markings L.S. 1 $20,588.24 $20,588.24 $13,000.00 $13,000.00 $13,500.00 $13,500.00 $15,600.00 $15,600.00 8 Slurry Seal Type II with 2.5% Latex E.L.T. 220 $620.94 $136,606.80 $600.00 $132,000.00 $600.00 $132,000.00 $116,160.00 $25,555,200.00 9 Crack Seal L.S. 1 $19,529.41 $19,529.41 $27,000.00 $27,000.00 $17,000.00 $17,000.00 $12,000.00 $12,000.00 10 Remove Signs EA 5 $41.18 $205.90 $35.00 $175.00 $45.00 $225.00 $200.00 $1,000.00 11 Remove Sign Posts EA 5 $58.82 $294.10 $75.00 $375.00 $45.00 $225.00 $200.00 $1,000.00 12 Paint 6-inch White Line L.F. 400 $0.59 $236.00 $0.35 $140.00 $0.60 $240.00 $200.00 $80,000.00 13 Paint Street Marking / Striping per Detail 2 in Caltrans Standard Plans A20A through A20F. L.F. 1850 $0.59 $1,091.50 $0.35 $647.50 $0.45 $832.50 $925.00 $1,711,250.00 14 Paint Street Marking / Striping per Detail 9 in Caltrans Standard Plans A20A through A20F. L.F. 1000 $0.59 $590.00 $0.35 $350.00 $0.45 $450.00 $500.00 $500,000.00 15 Paint Street Marking / Striping per Detail 22 in Caltrans Standard Plans A20A through A20F. L.F. 1300 $1.00 $1,300.00 $1.00 $1,300.00 $0.75 $975.00 $845.00 $1,098,500.00 16 Paint Street Marking / Striping per Detail 29 in Caltrans Standard Plans A20A through A20F. L.F. 350 $2.06 $721.00 $2.00 $700.00 $0.75 $262.50 $227.00 $79,450.00 17 Paint Street Marking / Striping per Detail 32 in Caltrans Standard Plans A20A through A20F. L.F. 600 $2.06 $1,236.00 $1.50 $900.00 $0.75 $450.00 $390.00 $234,000.00 18 Paint Street Marking / Striping per Detail 38 in Caltrans Standard Plans A20A through A20F. L.F. 850 $0.88 $748.00 $2.00 $1,700.00 $1.15 $977.50 $850.00 $722,500.00 19 Paint Street Marking / Striping per Detail 38B in Caltrans Standard Plans A20A through A20F. L.F. 300 $0.47 $141.00 $3.00 $900.00 $1.15 $345.00 $300.00 $90,000.00 20 Paint Street Marking / Striping per Detail 39 in Caltrans Standard Plans A20A through A20F. L.F. 10500 $0.59 $6,195.00 $0.35 $3,675.00 $0.60 $6,300.00 $5,520.00 $57,960,000.00 21 Paint Street Marking / Striping per Detail 40 in Caltrans Standard Plans A20A through A20F. L.F. 100 $1.76 $176.00 $1.00 $100.00 $0.45 $45.00 $38.00 $3,800.00 22 Paint Ladder Crosswalk (Color per Plan or per Engineer) S.F. 800 $3.24 $2,592.00 $1.85 $1,480.00 $1.35 $1,080.00 $920.00 $736,000.00 23 Install 6-inch White Thermoplastic Crosshatch Line L.F. 300 $0.88 $264.00 $1.25 $375.00 $1.00 $300.00 $300.00 $90,000.00 24 Install Thermoplastic Detail 39A in Caltrans Standard Plans A20A through A20F L.F. 1625 $0.88 $1,430.00 $1.00 $1,625.00 $1.00 $1,625.00 $1,625.00 $2,640,625.00 25 Install Preformed Green Thermoplastic S.F. 3300 $13.53 $44,649.00 $7.00 $23,100.00 $12.00 $39,600.00 $43,785.00 $144,490,500.00 26 Install Preformed Green Thermoplastic Bike Symbol with Bicyclist & Arrow EA 20 $794.12 $15,882.40 $850.00 $17,000.00 $1,450.00 $29,000.00 $24,900.00 $498,000.00 27 Install Preformed Green Thermoplastic Sharrow EA 17 $676.47 $11,499.99 $600.00 $10,200.00 $1,000.00 $17,000.00 $14,620.00 $248,540.00 28 Install 1-foot Wide Thermoplastic White Line L.F. 310 $4.41 $1,367.10 $2.00 $620.00 $3.25 $1,007.50 $899.00 $278,690.00 29 Install Thermoplastic Ladder Crosswalk S.F. 2100 $6.76 $14,196.00 $3.50 $7,350.00 $3.25 $6,825.00 $6,090.00 $12,789,000.00 30 Install Thermoplastic Continental Crosswalk S.F. 880 $6.76 $5,948.80 $3.50 $3,080.00 $3.25 $2,860.00 $2,552.00 $2,245,760.00 31 Install Thermoplastic Bike Lane Symbol with Bicyclist EA 13 $58.82 $764.66 $125.00 $1,625.00 $93.00 $1,209.00 $1,040.00 $13,520.00 32 Install Thermoplastic Bike Lane Arrow EA 9 $58.82 $529.38 $75.00 $675.00 $35.00 $315.00 $270.00 $2,430.00 33 Install Thermoplastic Type IV Pavement Marking Arrow EA 23 $88.24 $2,029.52 $70.00 $1,610.00 $87.00 $2,001.00 $1,725.00 $39,675.00 34 Install Thermoplastic Type VI Pavement Marking Arrow EA 3 $100.00 $300.00 $250.00 $750.00 $140.00 $420.00 $360.00 $1,080.00 35 Install Thermoplastic "STOP" Pavement Marking EA 11 $323.53 $3,558.83 $120.00 $1,320.00 $193.00 $2,123.00 $1,815.00 $19,965.00 36 Install Sign Panel EA 28 $147.06 $4,117.68 $125.00 $3,500.00 $152.00 $4,256.00 $3,640.00 $101,920.00 37 Install Sign Post EA 20 $235.29 $4,705.80 $150.00 $3,000.00 $215.00 $4,300.00 $3,700.00 $74,000.00 38 Install White Flexible Delineators EA 11 $58.85 $647.35 $10.00 $110.00 $62.00 $682.00 $583.00 $6,413.00 39 Install 4-inch High-Density Polyethylene (H.D.P.E.) Conduits and Pull Boxes L.S. 1 $72,912.94 $72,912.94 $72,000.00 $72,000.00 $40,000.00 $40,000.00 $22,000.00 $22,000.00 40 Adjust and Reset Existing Survey Monuments and Ties per California Licensed Land Surveyor L.S. 1 $18,870.59 $18,870.59 $22,000.00 $22,000.00 $19,000.00 $19,000.00 $8,500.00 $8,500.00 GRAND TOTAL: $702,050.22 $888,000.00 $907,431.00 $4,252,657,952.00 139
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-867 Meeting Date: 9/20/2022
TITLE:

RETAINER AGREEMENTS BETWEEN THE CITY OF COSTA MESA AND BUCHALTER, A

PROFESSIONAL CORPORATION FOR LEGAL SERVICES
DEPARTMENT: CITY ATTORNEY
PRESENTED BY: KIMBERLY HALL BARLOW, CITY ATTORNEY
CONTACT INFORMATION: KIMBERLY HALL BARLOW, CITY ATTORNEY, (714) 446-1400 RECOMMENDATION:

It is recommended that the City Council:

1. Approve the Agreements between the City of Costa Mesa and the law firm of Buchalter, a Professional Corporation in connection with the pending lawsuits entitled The Ohio House LLC v.

City of Costa Mesa, United States District Court for the Central District of California, Case No. 8:19-cv-01710-JVS (GJSx) and Insight Psychology and Addiction, Inc. v. City of Costa Mesa, United States District Court for the Central District of California, Case No. 8:20-cv-00504-MEMF- JDE.

3. Authorize the City Manager to appropriate additional funding amounts, as necessary, to pay legal costs above the amount budgeted for litigation costs in Non-Departmental in the Adopted FY 2022-23 Budget from unassigned fund balance in the General Fund for attorneys’services, if needed, to represent the City in these cases through completion.

BACKGROUND:

The City has been sued multiple times relating to sober living home ordinances for the R1 and multi -family zones. M.C. Sungaila of the Buchalter firm has handled appeals in all of the cases which have been appealed to date. The case The Ohio House v. City of Costa Mesa was tried to a jury in April 2022, with the jury finding in favor of the City. The court entered judgment for the City on September 6, 2022, and an appeal is anticipated. Another case, Insight Psychology and Addiction v. City of Costa Mesa, is pending in the trial court and is being handled by Everett and Dorey. The case is likely to go to trial and the City’sposition in litigation will benefit from involving appellate

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counsel prior to trial.

ANALYSIS:

The many legal challenges to the City’sgroup home ordinances have been vigorously litigated with multiple cases being appealed. Ms. Sungaila successfully defended the appeal in Yellowstone Women’s First Step House, Inc., et al. v. City of Costa Mesa, and has represented the City in connection with all other cases appealed to the Ninth Circuit Court of Appeals. Ms. Sungaila provided consulting services to assist Everett and Dorey in the trial of The Ohio House case, which we anticipate will be appealed. Her involvement in the trial preparation and conduct gives her an in depth knowledge of the case and positions her well to handle the appeal. Thus, staff is recommending that the City Council approve retention of Ms. Sungaila and the Buchalter firm to handle any appeal in The Ohio House case.

As the Insight Psychology and Addiction case moves toward trial, we believe it would be beneficial to have Ms. Sungaila work closely with the Everett and Dorey team to put the case in the best position to win and to be prepared for any appeal. Thus, staff is recommending that the City Council approve retention of Ms. Sungaila and the Buchalter firm to work with defense counsel through trial in the Insight Psychology matter.

The fee for Ms. Sungaila is $775 per hour, and for Alexander Carroll is $315 per hour. The City receives a 10% fee reduction if billings are paid within 35 days of invoicing.

ALTERNATIVES:

The City Council could modify the Agreements or choose not to approve the Agreements, or either of them. Alternatively, the City Council could direct staff to solicit proposals from other law firms to join the appeal/defense team.

FISCAL REVIEW:

The proposed retainer agreements reflect competitive hourly rates for legal counsel with the experience and expertise to effectively handle the appeal in The Ohio House case and trial consulting in Insight Psychology. A litigation budget will be prepared to provide the City with a better assessment of the fiscal impact of continuing to litigate these matters. The City Attorney and City staff will provide an update reflecting the proposed budget to the City Council and subsequently track actual billings and expenditures. In addition, the FY 2022-23 Budget includes funds adequate to cover the estimated litigation budgets.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and approved it 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

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CONCLUSION:

It is recommended that the City Council:

1. Approve the Agreements between the City of Costa Mesa and the law firm of Buchalter, a Professional Corporation in connection with the pending lawsuits entitled The Ohio House LLC v.

2. Authorize the City Manager and City Clerk to execute the Retainer Agreements and future authorized amendments to the Agreements and the City Attorney to take necessary steps to associate Buchalter as co-counsel in the legal matter.

3. Authorize the City Manager to appropriate additional funding amounts, as necessary, to pay legal costs above the amount budgeted for litigation costs in Non-Departmental in the Adopted FY 2022 -23 Budget from unassigned fund balance in the General Fund for attorneys’services, if needed, to represent the City in these cases through completion.

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142
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-867 Meeting Date: 9/20/2022
TITLE:

RETAINER AGREEMENTS BETWEEN THE CITY OF COSTA MESA AND BUCHALTER, A

It is recommended that the City Council:

1. Approve the Agreements between the City of Costa Mesa and the law firm of Buchalter, a Professional Corporation in connection with the pending lawsuits entitled The Ohio House LLC v.

3. Authorize the City Manager to appropriate additional funding amounts, as necessary, to pay legal costs above the amount budgeted for litigation costs in Non-Departmental in the Adopted FY 2022-23 Budget from unassigned fund balance in the General Fund for attorneys’services, if needed, to represent the City in these cases through completion.

BACKGROUND:

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counsel prior to trial.

ANALYSIS:

The fee for Ms. Sungaila is $775 per hour, and for Alexander Carroll is $315 per hour. The City receives a 10% fee reduction if billings are paid within 35 days of invoicing.

ALTERNATIVES:

FISCAL REVIEW:

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report and approved it 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

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CONCLUSION:

It is recommended that the City Council:

1. Approve the Agreements between the City of Costa Mesa and the law firm of Buchalter, a Professional Corporation in connection with the pending lawsuits entitled The Ohio House LLC v.

3. Authorize the City Manager to appropriate additional funding amounts, as necessary, to pay legal costs above the amount budgeted for litigation costs in Non-Departmental in the Adopted FY 2022 -23 Budget from unassigned fund balance in the General Fund for attorneys’services, if needed, to represent the City in these cases through completion.

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145
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-750 Meeting Date: 9/20/2022
TITLE:

COSTA MESA TENNIS CENTER: SCOPE OF SERVICES
DEPARTMENT: PARKS & COMMUNITY SERVICES
PRESENTED BY: JASON MINTER, PARKS & COMMUNITY SERVICES DIRECTOR CONTACT INFORMATION: JASON MINTER, PARKS & COMMUNITY SERVICES DIRECTOR, (714) 754 - 5009
RECOMMENDATION:

Staff recommends that City Council:

1. Provide Direction on the proposed Scope of Services and release of a Request for Proposals (RFP) for the Operation of the Costa Mesa Tennis Center (Attachment 1).

2. Approve an extension to the agreement with Top Seed Tennis Academy for the interim operation of the Costa Mesa Tennis Center with a term of November 1 through December 31, 2022 (Attachment 2).

BACKGROUND:

The Costa Mesa Tennis Center (CMTC) is a city-owned public facility located at TeWinkle Park, 880 Junipero Drive. The two-acre tennis center includes twelve (12) lighted courts, a pro shop, a courtyard, 55 space parking lot, and landscaped walkways. The Tennis Center is open to the public from 8:00 a.m. to 9:00 p.m., Monday through Friday, 8:00 a.m. to 5:00 p.m. on Saturdays, and 8:00 a.m. to 3:00 p.m. Sundays. This city-owned facility is operated by a private entity through an operating agreement.

For the past 25 years the tennis center was operated by Hank Lloyd (Hank Lloyd Tennis), who retired on February 28, 2022, after 24 years of service to the Costa Mesa tennis community. On March 1, 2022, City Council voted to approve an interim Tennis Center operator while staff conducted outreach specific to the scope of services for developing an RFP for the operation of the center.

ANALYSIS:

The Costa Mesa Tennis Center is a vital amenity for the Costa Mesa Community. The 12 courts at the CMTC are the only city owned tennis courts in Costa Mesa. For that reason, the CMTC is the primary location for all public court time, as well as lessons, tournaments, and programs. Therefore, it is critical that the CMTC meet the needs of the tennis community by providing quality facilities, a

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variety of program opportunities, and experienced staff.

Community Outreach
In an effort to ensure that the CMTC is successful in meeting the needs of the community, staff conducted community outreach requesting feedback on facility improvements and program enhancements. This outreach included the following:
· Community meetings
o Saturday, March 12, 2022
o Wednesday, March 16, 2022
· Online surveys - 205 received (Attachment 3)
· Community discussion
o Parks Arts and Community Services Commission - March 24, 2022 In additional to community input, staff complete an analysis of neighboring cities that operate Tennis Centers similar to the Costa Mesa Tennis Center, including Fountain Valley, Fullerton, Huntington Beach, and Newport Beach, as well as other southern California Cities including Burbank, Fremont, Los Angeles, and Fremont.

The proposed scope of services includes the feedback received from the community meetings, the online survey results, the discussion held at the Parks, Arts and Community Services Commission meetings, and the research and outreach performed by staff.

Scope of Services
The City is seeking a public/private partnership for the operation of the Costa Mesa Tennis Center.

The City is seeking an Operator that will be responsible for the coordination and management of the public use of the tennis courts. It will be the responsibility of the Operator to provide a variety of classes, programs, tournaments, community events, and competitions for patrons, including year- round competitive and social programs that are available to the public. Competitive programs should be recognized by the respective professional associations (USTA and USAPA). The Operator will also be expected to work with the local school district and leagues for league play and tournaments.

With these elements in mind, and at the direction of the City Council, staff prepared a draft scope of services and background (Attachment 1).

The following components are included in the attached Scope of Services:
· The City is seeking an operator with an innovative team that will market, advertise and expand services at the Tennis Center, enhancing its prominence as a premiere tennis destination in Orange County.
· Establishment of operating hours that maximize the public’s ability to have access to the facility and programs.
· Develop and provide a website with an online reservation system for easy public access and

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· Develop and provide a website with an online reservation system for easy public access and transparency for court utilization.
· Provide Scholarship and Fee assistance programs for low-income families. · Outreach to local non-profit organizations to provide equitable opportunities for all youth for both instruction and play.
· Priority access for Costa Mesa residents and organizations. · Potential establishment of pickleball programming, including temporary and/or permanent court systems that can be reserved by the community for either play, lessons, and/or tournaments.
· Transparent financial accountability and reporting, including an annual report, and a certified financial audit.
· Proposed 20% of all gross monthly revenue generated by the facility, with 15% (or $3,500 per month, whichever is greater) going to the General Fund and 5% deposited into a capital fund specific for maintenance of the Costa Mesa Tennis Center.

The initial proposed term is for five (5) years, with an option for an additional five (5) year extension.

This term is subject to negotiation with the proposers based on the strength of the proposal and the level of capital investment in the Center.

The current interim agreement for operation of the Costa Mesa Tennis Center is with the Top Seed Tennis Academy through an Assignment and Assumption Agreement with the previous operator under the same terms and conditions of previous operator’sagreement. The current terms include 10% of gross revenue from court use and 5% of gross revenue from the pro-shop (or $1,000, whichever is greater). With pro-shop sales having declined over time, staff is recommending combining all revenue. Any new agreements would include additional accountability for staff to monitor the operator’sperformance to allow for better analysis of operations and profitability, while investing a portion of the revenue from the facility into a capital fund specific to the Tennis Center.

Request for Proposals
The Request for Proposals (RFP process will include a mandatory pre-proposal meeting to be held at the Costa Mesa Tennis Center. All groups interested in submitting proposals will be required to have a representative in attendance at the meeting. Questions will be answered during this meeting or in written form to all parties in attendance. There will be a time period for additional questions with a cutoff date. Any questions/responses will be communicated to all parties at least a week prior to the proposal deadline.

A committee comprised of staff from various City departments such as the City Manager's Office, Finance, Public Works, and Parks and Community Services will review and evaluate all proposals and will make a selection determined by the evaluation of qualitative factors, which include:
· Qualifications of the Proposer/Organization and Key Personnel · Prior experience operating a tennis facility

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· Approach to providing the requested scope of services · Innovative and/or creative approaches to providing services to the community that include additional efficiencies and/or increased performance capabilities Upon completion of this process, staff will prepare a recommendation to bring forward to City Council for award of contract. Should the City Council approve the proposed scope of services, the RFP will be released according to the proposed schedule for the RFP as follows:

DATE DESCRIPTION
September 21, 2022 RFP released
September 28, 2022 Mandatory Pre-Proposal Meeting at Costa Mesa Tennis Center
October 21, 2022 Proposals due
October 24-27, 2022 Interviews with qualifying proposal agencies November 2022 Award of agreement
Note: Dates are subject to change and dependent upon the release of the RFP.

ALTERNATIVES:

The City Council may choose to modify the proposed scope of services to meet desired outcomes.

Another alternative that the Council may consider is rejecting staff’sproposed scope of services and reject the proposed 2-month extension for the temporary operator and direct staff to explore assuming full responsibility for the operation of the Tennis Center. This option would include contracting with various instructors to ensure programming opportunities are available for the community, with City staff overseeing the operations and programming, similar to other City recreational facilities (e.g. Downtown Aquatic Center and Downtown Recreation Center). This alternative would require additional funding for full-time and part-time staff, as well as increased contract costs for facility maintenance and janitorial services. Estimated cost for the full operation and maintenance of the Tennis Center are $280,000 per fiscal year plus additional startup costs. A budget adjustment to the Parks and Community Services Department during the current fiscal year would be required to assume operations in-house.

FISCAL REVIEW:

At this time, there is no fiscal impact in approving the proposed scope of services to proceed with the RFP process. If the proposed scope of the RFP is approved, staff anticipate additional revenue to the General Fund, as well as additional revenue to the Capital Fund for the Tennis Center based on the terms approved in the new operator’s agreement.

LEGAL REVIEW:

The City Attorney's Office has reviewed the report, and prepared the two-month extension for the temporary and approved as to form.

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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 has conducted community outreach and comparison research regarding Tennis Center operations and developed the scope for the Request for Proposals (RFP) that will assist in determining the most qualified Tennis Center operator and concessionaire for the City Council’s consideration.

At this time, staff recommends that City Council:

1. Provide Direction on the proposed Scope of Services and release of a Request for Proposals (RFP) for the Operation of the Costa Mesa Tennis Center (Attachment 1).

2. Approve an extension to the agreement with Top Seed Tennis Academy for the interim operation of the Costa Mesa Tennis Center with a term of November 1 through December 31, 2022 (Attachment 2).

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150
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-750 Meeting Date: 9/20/2022
TITLE:

Staff recommends that City Council:

1. Provide Direction on the proposed Scope of Services and release of a Request for Proposals (RFP) for the Operation of the Costa Mesa Tennis Center (Attachment 1).

2. Approve an extension to the agreement with Top Seed Tennis Academy for the interim operation of the Costa Mesa Tennis Center with a term of November 1 through December 31, 2022 (Attachment 2).

BACKGROUND:

ANALYSIS:

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variety of program opportunities, and experienced staff.

Scope of Services
The City is seeking a public/private partnership for the operation of the Costa Mesa Tennis Center.

With these elements in mind, and at the direction of the City Council, staff prepared a draft scope of services and background (Attachment 1).

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· Develop and provide a website with an online reservation system for easy public access and transparency for court utilization.
· Provide Scholarship and Fee assistance programs for low-income families. · Outreach to local non-profit organizations to provide equitable opportunities for all youth for both instruction and play.
· Priority access for Costa Mesa residents and organizations. · Potential establishment of pickleball programming, including temporary and/or permanent court systems that can be reserved by the community for either play, lessons, and/or tournaments.
· Transparent financial accountability and reporting, including an annual report, and a certified financial audit.
· Proposed 20% of all gross monthly revenue generated by the facility, with 15% (or $3,500 per month, whichever is greater) going to the General Fund and 5% deposited into a capital fund specific for maintenance of the Costa Mesa Tennis Center.

The initial proposed term is for five (5) years, with an option for an additional five (5) year extension.

This term is subject to negotiation with the proposers based on the strength of the proposal and the level of capital investment in the Center.

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· Approach to providing the requested scope of services · Innovative and/or creative approaches to providing services to the community that include additional efficiencies and/or increased performance capabilities Upon completion of this process, staff will prepare a recommendation to bring forward to City Council for award of contract. Should the City Council approve the proposed scope of services, the RFP will be released according to the proposed schedule for the RFP as follows:

ALTERNATIVES:

The City Council may choose to modify the proposed scope of services to meet desired outcomes.

FISCAL REVIEW:

LEGAL REVIEW:

The City Attorney's Office has reviewed the report, and prepared the two-month extension for the temporary and approved as to form.

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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:

At this time, staff recommends that City Council:

1. Provide Direction on the proposed Scope of Services and release of a Request for Proposals (RFP) for the Operation of the Costa Mesa Tennis Center (Attachment 1).

2. Approve an extension to the agreement with Top Seed Tennis Academy for the interim operation of the Costa Mesa Tennis Center with a term of November 1 through December 31, 2022 (Attachment 2).

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Draft – Scope of Services For Tennis Center | Page 1 of 6 ATTACHMENT 1

BACKGROUND
The City of Costa Mesa prides itself on outstanding recreational programming and excellent customer servic e. One of the most popular r ecreational facilities in the City is the Costa Mesa Tennis Center (CMTC). The Tennis Center s erves the local community through a v ariety of programs tar geted at all levels of play. Like most munic ipal tennis centers, CMTC offers youth and adult leag ues and tournaments, court reservations for the general public, and tennis less ons, both group and private, at all levels of play, from beginner to advanced. These programs are ta rgeted at Costa Mesa residents, as well as players from neighboring Cit ies, or tourists visiting t he area. The Tennis Center can also be used for larger tournaments and events that may have a regional draw as well.

The City is com mitted to providing accessible and affor dable year-round tennis opportunities for the Costa Mesa community to engage in and enjoy. The Costa Mesa Parks and Comm unity Ser vices Departm ent is seeking a tennis center operator/concessionaire that shares in t hese essential values and will continue to promote them throughout the various programs and activities at the Costa Mesa Tennis Center. The City is seeking an operator with an innovativ e team that will market, advertise and expand serv ices at the Tennis Center, making it a premiere tennis recreation destination in Orange County.

The Costa Mesa Tennis Center is a City Owned, roughly 93,000 s quare foot facility located at TeWinkle Par k, 880 Junipero Drive. The City of Costa Mesa owns the Park and the Tennis Center, including twelve ( 12) lighted courts, a pro shop, and courtyar d.

There are also 55 parking stalls adjacent to the Center t hat are designated parking for the CMTC. The recomm ended hours for the Tennis Center are 8:00 a.m. to 9:00 p.m.

Monday through Saturday and 8:00 a.m. to 5:00 p.m. on Saturdays and Sundays.

SCOPE OF WORK
The City is seeking a public/priv ate partner ship for the full oper ation of the Tennis Center. The Operator will be r esponsible for the coordination and managem ent of the public use of courts, including the provis ion of a variety of classes, programs , tournaments, community events, and competitions for the community. This includes y
ear-round competitiv e and social programs that ar e available to all members of the public. Competitive programs should be recognized by the respectiv e professional associations (USTA and US APA). The Oper ator will be expected to wor k with the Newport Mesa Unified School Dis trict, as well as other loc al school districts, priv ate schools, and leagues for league play and tournaments.

The City’s specific objectives in selecting a tennis operator include the following:

A. Objectives

1. Enter into a lease agreement with an experienced and qua lified entity to operate the Costa Mesa Tennis Center. The City prefers to enter into a lease agreement with a single provider.

2. Manage the Tennis Center as a rev enue generating facility to provide programming opportunities to the community while providing a growing financial return to the City.

3. Establish and maintain a positive wo rking relationship with City st aff and work cooperatively to ensure the Tennis Center is properly maintained, fair 156
Draft – Scope of Services For Tennis Center | Page 2 of 6 and transparent in their operati on, and successful in providing programming to the community.

4. Manage the Tennis Center in a manner committed to ensuring that players of all ages, abilities and socioeconom ic backgrounds are welcome and have programming options available to them.

5. Explore, evaluate, and create opportunities to in corporate Pickleball play into the Tennis Center in a way that maximizes court use and availability to the community.

B. Responsibilities of the Operator
Operations

1. Establish operating hours as approved by the City:
i. Center is to be accessible to the public from 8:00 a.m. to 9:00 p.m., Monday through Saturday and 8:00 a. m. to 5:00 p.m. Sundays, unless otherwise agreed to by City.
ii. Center is to be open every day throughout the year, weather permitting, with a limited number of holiday exceptions approved by City.

2. Provide all equipment necessary to operate and program the Tennis Center including but not limited to balls, racquets, sweepers, ball baskets and ball machines.

3. Accept court reservations to walk -in participants as well as over the phone.

4. Develop and provide a w ebsite with an online rese rvation system that will allow users to easily reserve courts and provide transparency over court utilization. The online registration syst em should also provide a customer relationship management system.

5. Operation of a functi oning pro-shop, which can include merchandise sales, concessions and other relat ed services as approved by City.

Merchandise and concessions should serve Tennis Center patrons as well as Skatepark, Bark Park users, and park patrons.

6. Utilize point of sale r egisters and provide verifi able, full disclosure of financial and program data.

7. Operator has the right to set fees and charges for all activities, programs and services, merchandise and concessions, however, all fees and charges shall be competitive with compar able facilities in the area and are subject to final approval by City. Any increases mu st be approved by City manager or designee.

8. Establish telephone and internet ut ilities in Operators’ name and Install/Maintain alarm system monitoring and maintenance.

9. Provide Scholarship and Fee Assi stance Programs for low-income families, subject to CITY approval. Exam ples of this may include free/low- cost lessons, drop-in play, and/or camps.

10. Provide outreach to local non-profit organizations to create equitable opportunities for all youth for both instruction and play. 157
Draft – Scope of Services For Tennis Center | Page 3 of 6 Programming

1. Ensure provision of quality programs and services that include a balance of play and court use for all ages, us er groups and ability levels including, but not limited to, lessons, league play , club use, tournaments, and court rentals that will maximize participation.

2. Provide priority access of cour ts to Costa Mesa residents and organizations.

3. Establish and maintain positive relationships with community and professional tennis groups, incl uding the United States Tennis Association, USA Pickle ball Association, area schools and higher learning institutions. This also includes worki ng with existing instructors, leagues, schools and organizations who have an established home base at the Costa Mesa Tennis Center.

4. Stay up to date on Tennis Center best management practices and bring forward new ideas for programing, ac tivities, and maximization of the Tennis Center.

5. Promotion of the Costa Mesa Tennis Center and its programs.

Staffing

1. Hiring, supervising and compensating all Tennis Center instructors and staff required for operation.

2. Complete background checks for all staff members and instructors that is consistent with the CA Department of Justice guidelines.

Maintenance

1. Operator is responsible for opening and closing the facility, including the locking and unlocking of all gates and doors to the facility.

2. Maintain the courts including the following:
i. Court cleaning
ii. Net replacement and maintenance
iii. Touch ups to lines and striping

3. Maintain the interior of the Pro Shop including the following:
i. Repair/replacement of flooring and fixtures
ii. Maintenance of restrooms
iii. Maintenance of small repai rs (plumbing, lighting, etc.) iv. Minor paint touch ups

4. Maintain the shrubs and landscaping inside the fenced tennis center, including the planters near the pro shop and in courtyard area (see Tennis Center Facility Boundaries; Exhibit A).

5. Repair damages to the Pr o Shop, interior & exterior, due to vandalism, and report to City staff/Police Department if necessary.

6. Operator to utilize and maintain any extra storage units located on site.

Must meet City’s approved standards, (i.e., Tuff Shed.)

7. Maintain challenge court bleachers, including periodic inspections, cleaning, and repairs.

8. Operator is to inspect and report all issues in a timely manner.

9. Tennis Court light outages should be reported when a minimum of 3 need replacing. The City is allowed 5 business days to satisfy the request. 158
Draft – Scope of Services For Tennis Center | Page 4 of 6

10. Maintain, install and replace awnings, shade covers, etc. that are attached to the building or the lattice patio structure.

11. Provide for the day-to-day custodial service and basic maintenance of the Tennis Center courts and buildings.

Reporting

1. Submitan annual report to the Parks and Community Services Director including data and statistics of oper ations including but not limited to attendance, activities, improvements, programs, trends, etc.

2. Submit an annual certified financial audit by auditors approved by the City.

3. Track and record complaints from t he public regarding the operation and maintenance of the Tennis Center. Provide periodic updates to City staff.

C. Responsibilities of the City

1. City shall provide a Pro Shop building.

2. City will identify 55 parking spaces in the parking lot nearest the center off Junipero Drive for use by Tennis Center participants.

3. City will maintain landscaping, li ghting, parking lot, driveways and walkways outside of fenced Tennis Center and pro shop.

4. City will maintain fences and gates. O perator to notify the City when such maintenance is needed.

5. City will be responsible for repainting of the exterior of the pro shop as deemed necessary by City and for repair of any and all damage to tile roof unless caused by the willful misconduct of Operator’s officers, employees or guests.

6. Maintenance and repair of court lighting to include bulbs, ballasts, poles, wiring, switch gear and cabinets will be t he responsibility of the City. New lighting/fixtures are to be considered capital improvements.

7. Americans with Disab ilities Act requirements are to be maintained by the City with proper notification from the operator.

8. Complete quarterly inspections of the Tennis Center and a facility maintenance report.

TERMS OF CONTRACT
The term is expected to be fo r five (5) years with two (1) one-year option to renew.

Longer initial and extended terms will be considered depending upon the Proposer’s submission regarding use of City facilities and equipment.

FINANCIAL TERMS
A. Payments and fees are as follows:

1. Operator shall pay the City a monthly fee of 20% of all gross revenue generated by the Costa Mesa Tennis Center. The fee shall be separated into two areas:
i. 15% of all gross monthly revenue sources (i.e. lessons, tournaments, court rentals, passes, pro shop sales, etc.) or $3,500 per month, whichever is great er, shall be deposited as General Fund revenue.
ii. 5% of all gross Tennis Center revenue will be placed in the Tennis Center Maintenance Fund (see below).
159
Draft – Scope of Services For Tennis Center | Page 5 of 6

2. Minimum monthly fee subject to CPI increases annually, not to exceed 3% per year.

3. Operator will pr ovide monthly revenue repor ts with a breakdown by category (i.e. lessons, tournaments, rentals, concessions)

4. All rates and terms subject to negotiation.

B. The City shall consider a partial or full abatement of leas e payments before the start of and throughout the term of the contract during t he years the Operator is performing capital improvements, subjec t to negotiation and th e extent of the proposed improvements. Capital improvem ents may include court resurfacing, replacement of nets, center straps, windscreens, pro shop improvements, etc.

1. Any Capital Improvements wishing to be considered shall be submitted to the Parks and Community Services Director along with a quote from a City Approved vendor.

2. All such capital improvements shall be considered property of CITY when completed.

C. Payment to City will be due on or before the 15 th of the following month. For example, the January payment w ould be made on our before the 15 th of February.

D. Operator shall reimburs e City for utility charges (wat er and electricity) on a monthly basis, as costs are incurred; operat or shall work with City staff on ways to reduce the usage of both electricit y and water and to create an energy saving environment, i.e. limit lighting usage to operating courts, limit water used for court cleaning, and other changes recommended by City

E. City shall establish a T ennis Center Maintenance Fund to cover future capital needs. The Maintenance Fund can also be used for repairing any unforeseen damage (e.g. from storms or accidents) not covered by Operator’s insurance.

1. The Maintenance Fund is to be funded by 5% of the gross revenue generated by the Center. (There will not be a minimum monthly payment for the Maintenance Fund.)

2. Expenditures from the Maintenance Fund will be controlled by the City.

Operator will have no ri ghts to the funds in the Maintenance Fund account.

3. In the event that the Ma intenance Fund is not sufficient for replacements or repairs, the Department will consi der making those replacements and repairs with additional funding services. The City, in consultation with the Operator will review annually the am ounts to be held in the Maintenance Fund with the goal of increas ing it so that there will be sufficient funds to cover repairs and replacements over the lifecycle needs of the Center, which shall be reviewed in 5-year increments.
160
Draft – Scope of Services For Tennis Center | Page 6 of 6 Exhibit A

Costa Mesa Tennis Center – Facility Boundaries

161
1 of 2

THIRD EXTENSION OF

ASSIGNMENT AND ASSUMPTION AGREEMENT FOR

OPERATION OF THE CITY OF COSTA MESA TENNIS CENTER
This Third Extension of the Assignment and Assumption Agreement for Operation of the City of Costa Mesa Tennis Center (“Third Extension”) is made and entered into as of September 20, 2022 by and between the City of Costa Mesa, a California municipal corporation (“City”) and Top Seed Tennis Academy, Inc. (“Lessee”).

RECITALS
WHEREAS, City owns the Costa Mesa Tennis Center (“Tennis Center”) located at Tewinkle Park in the City of Costa Mesa; and
WHEREAS, City and Lessee are parties to an Assignment and Assumption Agreement dated March 1, 2022 with former Lessee Hank Lloyd dba HML Tennis (“Lloyd”) for transfer of the rights and obligations for operation of the Tennis Center from Lloyd to Lessee, on an interim basis for four (4) months, with the right to extend by the City for up to two (2) additional two (2) month periods (“Agreement”); and
WHEREAS, City and Lessee extended the Agreement for a two -month period through August 31, 2022 , thr ough the First Extension of the Agreement, dated July 1, 2022 (“First Extension”); and
WHEREAS, City and Lessee extended the Agreement for a two -month period through October 31, 2022, through the Second Extension of the Agreement, dated September 1, 2022 (“Second Extension”); and
WHEREAS, City and Lessee now desire to extend the Agreement for one additional two- month period, through December 31, 2022.

NOW, THEREFORE, the parties agree as follows:

1. The Agreement shall be extende d for two months, through and including December 31, 2022.

2. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.

3. Except as extended, the terms of the Agreement shall remain in full force and effect.

4. This Third Extension may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.
[SIGNATURES ON FOLLOWING PAGE.]
ATTACHMENT 2
162
2 of 2
TOP SEED TENNIS ACADEMY, INC.

________________________________ Date: __________________________ Steve McAvoy
President

CITY OF COSTA MESA

________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

________________________________
Kimberly Hall Barlow
City Attorney

163

COMMUNITY OUTREACH SURVEY
1 / 14

73.66% 151

26.34% 54
Q1 Do you use the Tennis Center
Answered: 205 Skipped: 0
TOTAL 205
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No - (Please
Specify)

ANSWER CHOICES RESPONSES
Yes
No - (Please Specify)
ATTACHMENT 3
164

C OMMUNITY OUTREACH SURVEY
2 / 14

11.22% 23

14.63% 30

20.98% 43

30.73% 63

1.46% 3

20.98% 43
Q2 On average how often do you visit the Costa Mesa Tennis Center:

Answered: 205 Skipped: 0
TOTAL 205
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Once a year
Once a month
Once a week
Multiple times
a week
Daily
None

ANSWER CHOICES RESPONSES
Once a year
Once a month
Once a week
Multiple times a week
Daily
None
165

C OMMUNITY OUTREACH SURVEY
3 / 14

86.34% 177

48.29% 99

47.80% 98

22.44% 46

13.17% 27

24.39% 50

25.85% 53
Q3 What do you like best about the Costa Mesa Tennis Center: (Check all that apply)
Answered: 205 Skipped: 0
Total Respondents: 205
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Location
Hours
Instructors
Leagues
Tournaments
Pro Shop
amenities
Other (please
specify)

ANSWER CHOICES RESPONSES
Location
Hours
Instructors
Leagues
Tournaments
Pro Shop amenities
Other (please specify)
166

C OMMUNITY OUTREACH SURVEY
4 / 14
Q4 What new amenity would you add to the Tennis Center? Answered: 205 Skipped: 0
# RESPONSES DATE
1 Lounge, fitness, shade, seating 3/30/2022 10:46 PM
2 Group lessons 3/30/2022 8:14 PM
3 NA 3/30/2022 5:19 PM
4 Offer a free court day once a month to allow opportunity for people who are on a budget an area to play.
3/30/2022 10:05 AM
5 Pickleball courts 3/29/2022 7:46 PM
6 better seating for watching lessons 3/29/2022 12:52 PM 7 Longer hours 3/28/2022 8:12 PM
8 Baseball batting cages and training area where rear courts are located 3/27/2022 6:39 PM 9 drop in drills 3/27/2022 2:32 PM
10 More group tennis lessons for adults and children. 3/27/2022 12:54 PM 11 More group lessons 3/26/2022 7:39 PM
12 A transparent online court schedule. Preferably on a smartphone app. 3/25/2022 3:34 PM 13 More ladies clinics 3/25/2022 3:27 PM
14 baby sitter or adults gradians at the park while playing tennis 3/25/2022 11:48 AM 15 all courts need updated lights 3/25/2022 7:46 AM
16 A new shop with lockers, kitchen, first aid area. Please visit the facility at Mission Viejo. 3/25/2022 7:37 AM 17 Better lighting 3/24/2022 11:21 PM
18 Pickleball courts 3/24/2022 6:40 PM
19 Outdoor fitness class 3/24/2022 5:43 PM
20 Nothing 3/24/2022 4:58 PM
21 Affordable adult classes & pickleball classes 3/24/2022 4:47 PM 22 more tennis courts 3/24/2022 4:27 PM
23 Pickleball, some fitness 3/24/2022 3:58 PM
24 Bathrooms and Tennis Shop Undated with fresh and makeover. 3/24/2022 3:34 PM 25 Pickleball Courts. Would use them 2-3 times a week 3/24/2022 3:32 PM 26 Pickle ball 3/24/2022 3:21 PM
27 I would like to see a few pickleball courts simillar to what has been done at the Fountain Valley Tennis Center
3/24/2022 3:21 PM
28 Add Agape tennis academy. Their instructors are very professionals. It will certainly bring up the tennis level at the center. Many players will benefit from Agape. 3/24/2022 2:56 PM
29 More classes for kids. 3/24/2022 2:27 PM
30 Additional tennis courts 3/24/2022 1:44 PM
31 It would be nice if you could get a monthly membership or something instead of paying each 3/24/2022 1:41 PM 167

C OMMUNITY OUTREACH SURVEY
5 / 14
time you want to use the court. I would come a lot more then. 32 Pickleball courts 3/24/2022 1:38 PM
33 Pickle ball 3/24/2022 1:23 PM
34 Pickleball courts 3/24/2022 1:07 PM
35 Pickleball 3/24/2022 1:01 PM
36 Nothing. NO pickleball or junior lines on courts 3/24/2022 12:59 PM 37 Pickleball 3/24/2022 12:57 PM
38 4 pickleball courts on 1 tennis court 3/24/2022 12:54 PM 39 Pickleball 3/24/2022 12:47 PM
40 Pickleball 3/24/2022 12:22 PM
41 Pickleball courts 3/24/2022 12:17 PM
42 Pickleball Courts ball courts 3/24/2022 12:15 PM
43 PIckleball 3/24/2022 12:14 PM
44 pickleball courts 3/24/2022 12:12 PM
45 Would use if it had pickleball 3/24/2022 12:12 PM
46 Pickleball!!! 3/24/2022 10:49 AM
47 Wish to have pickleball courts added 3/24/2022 10:49 AM 48 Pickleball courts with lights 3/24/2022 10:26 AM
49 Shaded, relaxation/socialization area 3/24/2022 10:24 AM 50 More hours 3/24/2022 10:15 AM
51 There should be more cover for shade. 3/24/2022 9:52 AM 52 Picklleball courts 3/24/2022 9:51 AM
53 Tennis wall 3/24/2022 9:49 AM
54 pickleball courts 3/24/2022 9:40 AM
55 Pickle Ball courts , renovated pro-shop, court cleaning service 3/24/2022 9:34 AM 56 Pickle ball courts, please! 3/24/2022 9:29 AM
57 Agape academy in Fountain Valley and Oxnard is doing a great job and has increased participation and programming Would like to see them in Costa Mesa 3/24/2022 9:11 AM
58 Better programs ( Agape has wonderful variety of programs and management so I can come more often. Additional activities like pickle ball. General upgrade in services. 3/24/2022 9:07 AM
59 Having Agape Tennis Academy as management 3/24/2022 8:52 AM 60 Can't think of one. 3/24/2022 8:31 AM
61 Pickleball courts 3/24/2022 7:20 AM
62 Agape 3/24/2022 7:09 AM
63 Pickleball 3/24/2022 6:39 AM
64 New management 3/24/2022 6:22 AM
65 Pickleball courts 3/24/2022 5:23 AM
66 Pickleball 3/24/2022 3:52 AM
67 More opportunities to play pickle ball 3/24/2022 2:15 AM 168

C OMMUNITY OUTREACH SURVEY
6 / 14
68 More courts for pickleball 3/24/2022 1:19 AM
69 Pickleball 3/24/2022 12:27 AM
70 Pickleball courts 3/24/2022 12:11 AM
71 Food 3/23/2022 11:52 PM
72 Pretty good already 3/23/2022 11:14 PM
73 Agape Tennis Academy as management 3/23/2022 10:45 PM 74 Having Agape Tennis Academy as management 3/23/2022 10:43 PM 75 Agape tennis academy! 3/23/2022 10:35 PM
76 Pickleball! 3/23/2022 10:12 PM
77 Pickleball 3/23/2022 9:38 PM
78 A competent team of instructors 3/23/2022 9:24 PM
79 Pickleball 3/23/2022 9:11 PM
80 Not sure 3/23/2022 9:09 PM
81 New lights 3/23/2022 9:07 PM
82 Pickle ball 3/23/2022 9:05 PM
83 Pickleball, better courts and programming 3/23/2022 8:59 PM 84 Pickle ball courts 3/23/2022 8:57 PM
85 Pickle ball 3/23/2022 8:50 PM
86 Planned programs, activities, and quality instruction 3/23/2022 8:45 PM 87 A more structured program offering by quality pros. I would highly recommend brining on Agape. They are talented, offer a fabulous variety of programs and events and they have a dedication and commitment to enhancing our community.
3/23/2022 8:34 PM
88 I would love to see someone take over the tennis center and actually do something good with it. The programming is very minimal and my kids would greatly benefit from having some leadership skills provided through tennis. I’ve heard that Agape might be submitting a proposal and I’m super excited for that after seeing what they’ve done at fountain valley. 3/23/2022 8:34 PM
89 Pickleball - better programs - more social events 3/23/2022 8:31 PM 90 Fun events 3/23/2022 8:28 PM
91 Pickleball - better coaching - cardio tennis - more fun and enthusiasm- online reservations and registrations
3/23/2022 8:26 PM
92 pickleball, tennis camps 3/23/2022 8:17 PM
93 Leagues and group environment 3/23/2022 8:10 PM
94 More community events, socials, mixers and teams. Having more of a community feel is very important to me.
3/23/2022 7:22 PM
95 Pickleball program 3/23/2022 4:51 PM
96 Pickle Ball 3/22/2022 6:57 PM
97 Snack bar and better bathrooms 3/21/2022 11:02 PM
98 Pickleball 3/21/2022 3:26 PM
99 NA 3/21/2022 2:17 PM
100 Orange Clay Courts 3/21/2022 12:30 PM
101 Pickleball courts 3/21/2022 8:27 AM
169

C OMMUNITY OUTREACH SURVEY
7 / 14
102 Better restroom facilities 3/20/2022 10:08 PM
103 Bathroom and shower facilities 3/20/2022 8:47 PM
104 Restaurant/bar, showers and nice outdoor sitting area 3/20/2022 8:34 PM 105 Refurbished restrooms 3/19/2022 10:48 AM
106 none 3/19/2022 9:37 AM
107 Pickle ball 3/19/2022 7:54 AM
108 pickle ball 3/19/2022 7:27 AM
109 Pickle ball courts 3/18/2022 8:32 PM
110 pickleball courts 3/18/2022 5:52 PM
111 hitting walls for racquetball, pickleball 3/18/2022 5:26 PM 112 Make facilities adequate for kids tournaments 3/18/2022 4:11 PM 113 Mens round robin 3/18/2022 4:02 PM
114 Pickleball or paddle tennis 3/18/2022 7:04 AM
115 Update bathrooms 3/17/2022 7:36 PM
116 Love to see more outdoor seating while waiting for lessons or a place for parties possibly? 3/17/2022 7:24 PM 117 Newer courts or more courts 3/17/2022 7:09 PM
118 Honestly love the way it is 3/17/2022 5:15 PM
119 Paddel Tennis and Pickleball 3/17/2022 7:51 AM
120 None 3/17/2022 1:52 AM
121 Updated facilities 3/16/2022 7:09 PM
122 I would like to see renovated bathrooms, more covered seating area, improving the lights at night
3/16/2022 5:45 PM
123 pickleball, please! 3/16/2022 5:39 PM
124 Not much. I think it's pretty great as is. 3/16/2022 4:45 PM 125 Better shop selection 3/16/2022 2:35 PM
126 All lights updated 3/16/2022 2:34 PM
127 Better lights on certain courts. 3/16/2022 2:31 PM
128 Pickleball courts, and instruction 3/16/2022 11:32 AM 129 Nothing 3/15/2022 11:40 PM
130 Improved lighting 3/15/2022 11:39 PM
131 Camps 3/15/2022 10:41 PM
132 Not necessary 3/15/2022 10:36 PM
133 NOT pickleball 3/15/2022 9:40 PM
134 Pickleball. I no longer can play tennis 3/15/2022 8:26 PM 135 Kids camps 3/15/2022 8:21 PM
136 Locker rooms 3/15/2022 8:05 PM
137 Water bottle filling station 3/15/2022 8:04 PM
138 Pickle ball could be added to 2 courts and 2 left as regular tennis 3/15/2022 8:04 PM 139 Open court times 3/15/2022 7:58 PM
170

C OMMUNITY OUTREACH SURVEY
8 / 14
140 Events for toddlers; I support Jason Leavitt, a young person with a vision, leasing/running the tennis courts
3/15/2022 7:50 PM
141 Better LED lighting for ALL courts. 3/15/2022 5:11 PM 142 Pickle ball 3/15/2022 4:48 PM
143 Pickle Ball Courts 3/15/2022 4:30 PM
144 Better Lights, they are awful. They point to the sky and they all need to be LED 3/15/2022 2:44 PM 145 None 3/14/2022 10:23 PM
146 Top spin tennis video game in lobby 3/14/2022 7:16 PM 147 Pickle ball 3/14/2022 7:04 PM
148 pickle ball 3/14/2022 12:36 PM
149 Club house which serves food and drinks 3/14/2022 11:24 AM 150 Advanced training for juniors 3/14/2022 11:24 AM
151 Nothing really but what they are already doing currently (sprucing up their pro shop). Maybe an upgrade on the bathrooms?
3/14/2022 10:57 AM
152 Cafe / clubhouse / hot food and drink. 3/14/2022 10:50 AM 153 Healthy snacks & power bars 3/14/2022 10:48 AM
154 Re-do bathrooms, Court lights 3/14/2022 10:42 AM
155 Nothing. The current operator is doing a great job! 3/14/2022 10:40 AM 156 Matchup service 3/14/2022 10:38 AM
157 A tennis team for young kids 3/14/2022 10:36 AM
158 Pickle ball 3/14/2022 10:35 AM
159 Online sign up/Later hours do working professionals can play 3/14/2022 9:59 AM 160 Online booking and sign-up system. And more courts would be nice! 3/13/2022 10:30 PM 161 fences separating the courts 3/12/2022 6:37 PM
162 Showers 3/12/2022 9:38 AM
163 Pickle ball if possible to add without removing any tennis courts. 3/12/2022 8:07 AM 164 None 3/12/2022 6:41 AM
165 updated bathrooms and pickle ball 3/12/2022 6:13 AM 166 Upgrade of restrooms and increase barrier to Skate Park. 3/11/2022 5:16 PM 167 Low cost course for children 3/11/2022 3:36 PM
168 Pickleball Courts 3/11/2022 3:34 PM
169 Lounge area in the pro shop 3/11/2022 3:26 PM
170 pickleball courts 3/11/2022 1:56 PM
171 Pickle ball 3/11/2022 1:09 PM
172 Pickleball 3/11/2022 11:19 AM
173 Nicer bathrooms 3/11/2022 11:11 AM
174 none 3/11/2022 10:37 AM
175 ??? 3/10/2022 11:04 PM
176 Public tennis courts on for residents of CM first come basis. 3/10/2022 10:22 PM 171

C OMMUNITY OUTREACH SURVEY
9 / 14
177 Pickle ball courts 3/10/2022 9:37 PM
178 Upgraded restroom/locker room facilities 3/10/2022 9:26 PM 179 Better lights 3/10/2022 8:30 PM
180 Food & beverage area 3/10/2022 8:30 PM
181 Better lighting 3/10/2022 8:12 PM
182 None 3/10/2022 7:46 PM
183 Redo the bathrooms 3/10/2022 7:44 PM
184 Pickleball or paddle tennis 3/10/2022 7:30 PM
185 Restaurant 3/10/2022 7:25 PM
186 Love it, just would like to see upgraded facilities 3/10/2022 6:51 PM 187 Better lights!! The lights are awful, very hard to see at night. 3/10/2022 6:26 PM 188 Drop in hours 3/10/2022 6:25 PM
189 More adult clinics after work hours 3/10/2022 6:01 PM 190 More classes at better times for working adults- more fun events 3/10/2022 5:44 PM 191 Partitions between courts 3/10/2022 5:36 PM
192 Upgrade bathrooms 3/10/2022 5:35 PM
193 More junior boys programs. Ages 10 to 13 3/10/2022 5:28 PM 194 Better lighting 3/10/2022 5:26 PM
195 None 3/10/2022 5:20 PM
196 Is the ball machine available? 3/10/2022 5:19 PM
197 Social tournaments 3/10/2022 5:17 PM
198 Upgraded restrooms; pickleball courts 3/10/2022 5:09 PM 199 Pickleball 3/10/2022 4:54 PM
200 NA keep as is 3/10/2022 4:54 PM
201 Pickle ball 3/10/2022 4:42 PM
202 More group classes for kids 3/10/2022 3:53 PM
203 locker room with changing areas. Remodeled bathrooms 3/10/2022 2:27 PM 204 None 3/10/2022 1:54 PM
205 Locker rooms and health facility (for players to cool down during tournament play) 3/10/2022 1:54 PM 172

C OMMUNITY OUTREACH SURVEY
10 / 14

28.78% 59

20.98% 43

31.71% 65

18.54% 38
Q5 When visiting the Tennis Center which is more important to you? Answered: 205 Skipped: 0
TOTAL 205
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Conditions of
the courts
Activities at
the Center
Court
availability
Other (please
specify)

ANSWER CHOICES RESPONSES
Conditions of the courts
Activities at the Center
Court availability
Other (please specify)
173

C OMMUNITY OUTREACH SURVEY
11 / 14

38.54% 79

11.71% 24

42.93% 88

6.83% 14
Q6 What level of player do you consider yourself?
Answered: 205 Skipped: 0
TOTAL 205
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Recreational
Beginner
Competitive
Elite

ANSWER CHOICES RESPONSES
Recreational
Beginner
Competitive
Elite
174

C OMMUNITY OUTREACH SURVEY
12 / 14

27.32% 56

19.51% 40

15.61% 32

11.71% 24

25.85% 53
Q7 How long have you been coming to the Costa Mesa Tennis Center? Answered: 205 Skipped: 0
TOTAL 205
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Less than a
year
1 to 2 years
3 to 5 years
5 to 10 years
10 to 20 years

ANSWER CHOICES RESPONSES
Less than a year
1 to 2 years
3 to 5 years
5 to 10 years
10 to 20 years
175

C OMMUNITY OUTREACH SURVEY
13 / 14

60.49% 124

39.51% 81
Q8 Do you support adding pickle ball to the Tennis Center? Answered: 205 Skipped: 0
TOTAL 205
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No - (please
specify)

ANSWER CHOICES RESPONSES
Yes
No - (please specify)
176

C OMMUNITY OUTREACH SURVEY
14 / 14

43.90% 90

56.10% 115
Q9 Would you like to receive Tennis Center updates via email? Answered: 205 Skipped: 0
TOTAL 205
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
No
Yes - Please
enter email...

ANSWER CHOICES RESPONSES
No
Yes - Please enter email address
177
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-851 Meeting Date: 9/20/2022
TITLE:

APPOINTMENTS TO THE ARTS COMMISSION AND VARIOUS CITY COMMITTEES 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 make appointments as follows:

1. Arts Commission - Seven (7) vacancies; four (4) appointments to fill vacancies with a term expiration of January 2024 and three (3) to fill vacancies with a term expiration of January 2026.

2. Animal Services Committee - Make two (2) alternate member appointments to fill the vacancies with term expiration of April 2024. Appointments by Council Member Gameros as liaison to the Committee.

3. Active Transportation Committee - Make one (1) alternate member appointment to fill the vacancy with term expiration of April 2024. Appointment by Council Member Harlan as liaison to the Committee.

4. Fairview Park Steering Committee - Make one (1) regular member appointment with a term expiration of April 2025, two (2) regular member appointments with a term expiration of April 2023, one (1) alternate member appointment with a term expiration of April 2023, and one (1) alternate member appointment with term expiration of April 2025. Appointments by Council Member Reynolds as liaison to the Committee.

5. Historical Preservation Committee - Make two (2) alternate member appointments to fill vacancies with a term expiration of April 2024. Appointments by Council Member Chavez as liaison to the Committee.

6. Mobile Home Park Advisory Committee - Make one (1) Independent Citizen At-large appointment to fill vacancy with a term expiration of April 2023. Appointment by Mayor Stephens as liaison to the Committee.

BACKGROUND:

Arts, Commission (7 Appointment)
4 Commissioners /Term Expiration of January 2024

Page 1 of 5 ends

178
File #: 22-851 Meeting Date: 9/20/2022
3 Commissioners /Term Expiration of January 2026
The Arts Commission meets monthly, and represents the Council’sdesire for ongoing policy focus, along with responsible oversight of the City’sinvestments in the Arts. To align with the motto of “City of the Arts,” the City acknowledges the vital role the Arts play in the community.

The Arts Commission shall ensure that the City of Costa Mesa is a place where creativity can flourish; a place where imagination, inspiration, and innovation are held in high regard; a place where Arts Education is essential to all; and a place where Arts and Culture can promote civic pride and enrich the daily lives of the Costa Mesa community. Staff received fifteen (15) applications for vacancies to be filled (applications attached).

1. Todd Gerald Beckett-Frank - District 1

2. Charlene Ashendorf - District 1

3. Rocky Evans - District 1

4. Megan Leary - District 3

5. Justin Fong - District 4

6. Rhonda Valles - District 5

7. Allison Mann - District 5

8. Skeith DeWine - District 5

9. Philip Richard Palisoul, II - District 6

10.Alisa Ochoa - District 6

11.Samuel Abram Helm - District 6

12.Erica Luna - District 6

13.Holly McDonald - Non-Resident

14.Debora Wondercheck - Non-Resident

15.Heidi Zuckerman - Non-Resident
Animal Services Committee (2 Appointments)
2 Alternate Members/Term Expiration of April 2024
Liaisons - Council Member Gameros, Alternate Council Member Harper The Animal Services Committee meets monthly and assists with the planning of animal related events, explores and provides recommendations to improve animal services, and promotes pet licensing within the City. Staff received four (4) applications (attached) for two vacancies to be filled.

1. Emily Cummings-Nelson - District 2

2. Sarah Wilson - District 3

3. Philip Richard Palisoul, II - District 6

4. Elise Gates - District 6
Active Transportation Committee (1 Appointment)
1 Alternate Member/Term Expiration of April 2024
Liaisons - Council Member Harlan, Alternate Council Member Reynolds

Page 2 of 5 ends

179
File #: 22-851 Meeting Date: 9/20/2022
The Active Transportation Committee meets monthly and assists with the review, update and implementation of the City’sActive Transportation Plan in order to make recommendations for their improvement to the City Council. Staff received seven (7) applications (attached) for one vacancy to be filled.

1. Aaron Snyder - District 2

2. Viraj Sinha - District 3

3. Arthur Kinzli - District 5

4. Steve Russo - District 5

5. Philip Richard Palisoul, II - District 6

6. Robert Morse - District 6

7. Jim Fitzpatrick - District 6
Fairview Park Steering Committee (5 Appointments)
1 Regular Member /Term Expiration of April 2025
2 Regular Members/Term Expiration of April 2023
1 Alternate Member/Term Expiration of April 2023
1 Alternate Member/Term Expiration of April 2025
Liaisons - Council Member Reynolds, Alternate Council Member Harlan and Council Member Chavez The Fairview Park Steering Committee meets every other month and provides advice to the City Council regarding the implementation of the Fairview Park Master plan and impacts of Measure AA on Capital Improvement Program projects, maintenance and activities. Staff received fourteen (14) applications (attached) for five vacancies to be filled.

1. Todd Gerald Beckett-Frank - District 1

2. Priscilla Rocco - District 1

3. Cynthia D’Agosta - District 1

4. Joni Rolenaitis - District 1

5. Thomas Fanning - District 1

6. Daniel Joseph Baume - District 2

7. Kohl Crecelius - District 3

8. Edwin C. Glover Jr. - District 4

9. Deborah Koken - District 5

10.Dan Vozenilek - District 5

11.Mathew Garcia - District 5

12.Jeffrey Little - District 5

13.James Woodrow Erickson - District 5

14.Philip Richard Palisoul, II - District 6
Historical Preservation Committee (2 Appointments)
2 Alternate Members/Term Expiration of April 2024
Liaisons - Council Member Chavez, Alternate Council Member Harlan, and Council Member

Page 3 of 5 ends

180
File #: 22-851 Meeting Date: 9/20/2022
Reynolds
The Historical Preservation Committee meets monthly and serves to maintain, preserve, educate and promote the city’s historical resources. Staff received five (5) applications (attached) for two vacancies to be filled.

1. Lambert Higuera - District 4

2. Philip Richard Palisoul, II - District 6

3. Elise Gates - District 6

4. Janice Hansen - District 6

5. Brian Israelson - District 6
Mobile Home Park Advisory Committee (1 Appointment)
1 Independent Citizen At-large/Term Expiration of April 2023 Liaisons - Mayor Stephens, Alternate Council Member Chavez, and Council Member Reynolds The Mobile Home Park Advisory Committee meets quarterly and addresses mobile home park issues and concerns in Costa Mesa. Staff received five (5) applications (attached) for one vacancy to be filled.

1. Wyatt Lin - District 5

2. Philip Richard Palisoul, II - District 6

3. Joy Young - District 6

4. Stacy Moffatt - District 6

5. Vienna HanselAshley - District 6
ANALYSIS:

A total of 50 applicants have submitted applications for appointments to the Commissions/Committees in response to the City’s press releases that were sent on August 10, 2022, August 12, 2022, August 22, 2022, and August 29, 2022.

ALTERNATIVES:

City Council may choose not to make appointments to the Committees and Commission or to extend the recruitment period. City Council may also choose to phase out the alternate positions.

FISCAL REVIEW:

Arts Commissioners will receive $100.00 monthly. The stipend is included in the FY 22/23 Budget.

Committee members receive no stipend.

LEGAL REVIEW:

City Attorney has reviewed this report and has approved it as to form.

Page 4 of 5 ends

181
File #: 22-851 Meeting Date: 9/20/2022
CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Staff recommends that the City Council make appointments to the Arts Commission and to the various City Committees.

Page 5 of 5 ends

182
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-851 Meeting Date: 9/20/2022
TITLE:

Staff recommends the City Council make appointments as follows:

1. Arts Commission - Seven (7) vacancies; four (4) appointments to fill vacancies with a term expiration of January 2024 and three (3) to fill vacancies with a term expiration of January 2026.

2. Animal Services Committee - Make two (2) alternate member appointments to fill the vacancies with term expiration of April 2024. Appointments by Council Member Gameros as liaison to the Committee.

4. Fairview Park Steering Committee - Make one (1) regular member appointment with a term expiration of April 2025, two (2) regular member appointments with a term expiration of April 2023, one (1) alternate member appointment with a term expiration of April 2023, and one (1) alternate member appointment with term expiration of April 2025. Appointments by Council Member Reynolds as liaison to the Committee.

BACKGROUND:

Arts, Commission (7 Appointment)
4 Commissioners /Term Expiration of January 2024

Page 1 of 5 ends

183
File #: 22-851 Meeting Date: 9/20/2022
3 Commissioners /Term Expiration of January 2026
The Arts Commission meets monthly, and represents the Council’sdesire for ongoing policy focus, along with responsible oversight of the City’sinvestments in the Arts. To align with the motto of “City of the Arts,” the City acknowledges the vital role the Arts play in the community.

1. Todd Gerald Beckett-Frank - District 1

2. Charlene Ashendorf - District 1

3. Rocky Evans - District 1

4. Megan Leary - District 3

5. Justin Fong - District 4

6. Rhonda Valles - District 5

7. Allison Mann - District 5

8. Skeith DeWine - District 5

9. Philip Richard Palisoul, II - District 6

10.Alisa Ochoa - District 6

11.Samuel Abram Helm - District 6

12.Erica Luna - District 6

13.Holly McDonald - Non-Resident

14.Debora Wondercheck - Non-Resident

1. Emily Cummings-Nelson - District 2

2. Sarah Wilson - District 3

3. Philip Richard Palisoul, II - District 6

4. Elise Gates - District 6
Active Transportation Committee (1 Appointment)
1 Alternate Member/Term Expiration of April 2024
Liaisons - Council Member Harlan, Alternate Council Member Reynolds

Page 2 of 5 ends

184
File #: 22-851 Meeting Date: 9/20/2022
The Active Transportation Committee meets monthly and assists with the review, update and implementation of the City’sActive Transportation Plan in order to make recommendations for their improvement to the City Council. Staff received seven (7) applications (attached) for one vacancy to be filled.

1. Aaron Snyder - District 2

2. Viraj Sinha - District 3

3. Arthur Kinzli - District 5

4. Steve Russo - District 5

5. Philip Richard Palisoul, II - District 6

6. Robert Morse - District 6

1. Todd Gerald Beckett-Frank - District 1

2. Priscilla Rocco - District 1

3. Cynthia D’Agosta - District 1

4. Joni Rolenaitis - District 1

5. Thomas Fanning - District 1

6. Daniel Joseph Baume - District 2

7. Kohl Crecelius - District 3

8. Edwin C. Glover Jr. - District 4

9. Deborah Koken - District 5

10.Dan Vozenilek - District 5

11.Mathew Garcia - District 5

12.Jeffrey Little - District 5

13.James Woodrow Erickson - District 5

Page 3 of 5 ends

185
File #: 22-851 Meeting Date: 9/20/2022
Reynolds
The Historical Preservation Committee meets monthly and serves to maintain, preserve, educate and promote the city’s historical resources. Staff received five (5) applications (attached) for two vacancies to be filled.

1. Lambert Higuera - District 4

2. Philip Richard Palisoul, II - District 6

3. Elise Gates - District 6

4. Janice Hansen - District 6

1. Wyatt Lin - District 5

2. Philip Richard Palisoul, II - District 6

3. Joy Young - District 6

4. Stacy Moffatt - District 6

5. Vienna HanselAshley - District 6
ANALYSIS:

ALTERNATIVES:

City Council may choose not to make appointments to the Committees and Commission or to extend the recruitment period. City Council may also choose to phase out the alternate positions.

FISCAL REVIEW:

Arts Commissioners will receive $100.00 monthly. The stipend is included in the FY 22/23 Budget.

Committee members receive no stipend.

LEGAL REVIEW:

City Attorney has reviewed this report and has approved it as to form.

Page 4 of 5 ends

186
File #: 22-851 Meeting Date: 9/20/2022
CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Staff recommends that the City Council make appointments to the Arts Commission and to the various City Committees.

Page 5 of 5 ends

187
City of Costa Mesa Application for Committee/Commission Appointment 1 / 3
Q1
Full Name:

Tod Gerald Beckett-Frank
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

Arts Commission (Complete Questions 9-17 on the Next
Page)
,
Fairview Park Steering Committee
Q3
Indicate why you wish to serve on this Committee/Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee/Commission. A resume (optional) may be attached.

Fairview Park Steering Committee: My husband and I have lived next to Fairview Park for over 26 years and we have an interest in helping to improve and maintain it. It's an incredible resource.

Q4
As a Committee/Commission member, what ideas or projects are of interest to you? Improvement of paths through the less developed parts of the upper levels of Fairview Park, which would help preserve the wild nature of much of it.

Q5
Optional Resume:

Respondent skipped this question
#51#51

COMPLETECOMPLETE
Collector:Collector:

Web Link 3 Web Link 3 (Web Link)(Web Link)
Started:Started: Monday, August 15, 2022 2:28:41 PMMonday, August 15, 2022 2:28:41 PM Last Modified:Last Modified: Monday, August 15, 2022 2:51:39 PMMonday, August 15, 2022 2:51:39 PM Time Spent:Time Spent: 00:22:5800:22:58
IP Address:IP Address: 99.83.4.7699.83.4.76

Page 1 ends

ATTACHMENT 1
188
City of Costa Mesa Application for Committee/Commission Appointment 2 / 3
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.

However, this information is still subject to release pursuant to the California Public Records Act.

Name: Tod Beckett-Frank
Address:

City/Town: Costa Mesa
ZIP/Postal Code: 92626
Email Address:

Phone (cell):

Q7
Signature Required
By checking this box and typing my name below, I am
electronically signing my application.

Q8
Full Name:

Tod Gerald Beckett-Frank
Q9
Current or Most Recent Employer:

I am retired from Quest Diagnostics as of 6/2018.

Q10
Current of Most Recent Job Title:

Information Technology Demand Manager
Q11
Key Accomplishments:

I coordinated the prioritization of new software projects across Quest Diagnostics' 5 esoteric laboratories. I was the architect of the Nichols Institute SJC Laboratory Information System and managed software developers of that system.

Page 2 ends

189
City of Costa Mesa Application for Committee/Commission Appointment 3 / 3
Q12
Please share you background and experience or knowledge of the arts (visual and performing), arts education, arts administration and community outreach/engagement:

I have a BA in music from CSU Fullerton and am currently co-principal Horn for the Southern California Philharmonic, a community orchestra. I have been performing in various music ensembles for 50 years, including Saddleback College Symphony, Palomar College Symphony, Orange Coast College Symphony, Fullerton Civic Light Opera pit orchestra, South Coast Brass quintet and Amici d'Amelia woodwind quintet.

Q13
Why are you applying to be an Arts Commissioner for the city of Costa Mesa? I would love to be more involved in the arts in Costa Mesa and to help preserve and expand our reputation in this area.

Q14
Please share you vision for the arts in Costa Mesa:

I would like to see further support for the arts at the community level. As a community (non-professional) musician, I have first-hand knowledge that participation in the arts continues past secondary and university education and during and after non-arts professional careers. It continues to enrich so many lives in our city.

Q15
Please share your experience in producing and or participating in arts and multicultural programming:

My experience with multicultural programming at this point is mainly as an audience member. There are opportunities to encourage more participation from those of us with and without arts backgrounds.

Q16
Please share any other relevant work experience, volunteer work, community activities or memberships:

I participated on the board of the 501(c)3 PFLAG South Orange County chapter for at least 10 years, 8 of them as treasurer. I am currently on the board for the Community Youth Orchestra of Orange County.

Q17
How did you hear about this opportunity?
I heard about this opportunity via the Costa Mesa emailed newsletter. 190
City of Costa Mesa Application for Committee/Commission Appointment 1 / 4
Q1
Full Name:

Charlene Ashendorf
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

Arts Commission (Complete Questions 9-17 on the Next
Page)
Q3
Indicate why you wish to serve on this Committee/Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee/Commission. A resume (optional) may be attached.

Arts Commission
Q4
As a Committee/Commission member, what ideas or projects are of interest to you? Intergenerational arts
Arts for all
Art in Public Spaces
Art incorporated in city parks, community centers and businesses Creation of a creative art space in Costa Mesa for classes, performance, education and advancement of artists Literary arts
Q5
Optional Resume:

Respondent skipped this question
#56#56

COMPLETECOMPLETE
Collector:Collector: Web Link 3 Web Link 3 (Web Link)(Web Link) Started:Started: Monday, August 15, 2022 3:35:32 PMMonday, August 15, 2022 3:35:32 PM Last Modified:Last Modified: Wednesday, August 17, 2022 1:30:54 PMWednesday, August 17, 2022 1:30:54 PM Time Spent:Time Spent: Over a dayOver a day
IP Address:IP Address: 107.184.184.97107.184.184.97

Page 1 ends

191
City of Costa Mesa Application for Committee/Commission Appointment 2 / 4
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.

However, this information is still subject to release pursuant to the California Public Records Act.

Name: Charlene Ashendorf
Address:

City/Town: Costa Mesa
ZIP/Postal Code: 92626
Email Address:

Phone (cell):

Q7
Signature Required
By checking this box and typing my name below, I am
electronically signing my application.

Q8
Full Name:

Charlene Ashendorf
Q9
Current or Most Recent Employer:

F/T community volunteer/advocate for all things Costa Mesa! Q10
Current of Most Recent Job Title:

Parks And Community Services Commissioner, at-large; County of Orange Senior Citizen Advisory Council Member; State Committee Member for California P.E.O. Stella Carver Fund; Newport Mesa Unified School District Visual And Performing Arts (VAPA) Commissioner
Q11
Key Accomplishments:

In my recent years on the former Cultural Arts Committee: served as Chair; Successfully expanded The Exhibit at the Costa Mesa Senior Center from a display located in the stairwell to a 3-wall exhibition on the second floor; originally proposed the Arts and Culture Master Plan to the CAC; Served on the ACMP working group; as liaison to the NMUSD VAPA, I expanded community partners to include Vanguard University, Arts & Learning Conservancy, and Costa Mesa High School art educators. These relationships have increased program delivery at city art exhibits and events.

Page 2 ends

192
City of Costa Mesa Application for Committee/Commission Appointment 3 / 4
Q12
Please share you background and experience or knowledge of the arts (visual and performing), arts education, arts administration and community outreach/engagement:

In my 20 years as a resident of Costa Mesa, I have served on the Cultural Arts Committee for nearly 12 years in a variety of leadership roles, working groups and community events. As a four-year member of the Costa Mesa Senior Commission I not only served as chair, but also worked to create and support arts, crafts, intergenerational and cultural programming and introduced its first On PAR Social.

I began my writing career with a short story published in a children’s publications at the age of 10. I have several award-winning poems and a published book of poetry and was named California Senior Citizen Poet Laureate. Professionally, I spent my career as a grant writer for nonprofit organizations.

Q13
Why are you applying to be an Arts Commissioner for the city of Costa Mesa? I have invested the last several years in the arts, the master plan process as well as deepening connections, relationships and programs for arts for all. I believe in the value of arts, creatives and that Costa Mesa is a destination for the arts. I believe with a diverse commission, together we will engage, elevate and enthusiastically change the face of arts in our city.

Q14
Please share you vision for the arts in Costa Mesa:

I have been part of the visioning process for the Cultural Arts Committee as well as the Master Plan, I share the vision that Costa Mesa will be known as the city that promotes creativity, provides lifelong learning and celebrates visual and performing arts for all; in its neighborhoods, parks, walkways, businesses. My vision is that a city of the arts, its history and diverse culture will be a source of pride for all and in all we do.

Q15
Please share your experience in producing and or participating in arts and multicultural programming:

While there have been many experiences highlighted above, three experiences come to mind: 1) Serving as the Chair of the Cultural and Historical committee of the city's 60th Anniversary, I was able to unite groups to highlight the multifaceted art and talent in Costa Mesa; 2) As Chair, organized the first Bring Back the Scarecrow Festival to Goathill Junction; and 3) Five years ago, launched a program, Center 4 Creative Arts that program creative art programming to high-density communities in Costa Mesa.

Q16
Please share any other relevant work experience, volunteer work, community activities or memberships:

Friends of the Costa Mesa Libraries, Member; Costa Mesa Historical Society, Member; Costa Mesa Womens Club, Member; P.E.O.

State Committee Member; Leadership Tomorrow.
193
City of Costa Mesa Application for Committee/Commission Appointment 4 / 4
Q17
How did you hear about this opportunity?
Because I have been involved in the formation of the Arts & Culture Master Plan prior to its adoption, I have followed this development of the Arts Commission from my time on the former City of Costa Mesa Cultural Arts Committee. I also saw the announcement on Instagram. Facebook, the Weekly City of Costa Mesa News as well as the city’s website. 194
City of Costa Mesa Application for Committee/Commission Appointment 1 / 3
Q1
Full Name:

Rocky Evans
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

I am a former Cultural Arts Committee Member, and I'd like to continue to donate my time to promote art and artists in our community.

I have been fairly involved with the art community in our area for the past few years.

Q4
As a Committee/Commission member, what ideas or projects are of interest to you? I'm an advocate for public art displays and events. I really like being on the subcommittee for Action Arts in the Park and ArtVenture.

Q5
Optional Resume:

Respondent skipped this question
#76#76

COMPLETECOMPLETE
Collector:Collector: Web Link 3 Web Link 3 (Web Link)(Web Link) Started:Started: Tuesday, September 06, 2022 1:30:18 PMTuesday, September 06, 2022 1:30:18 PM Last Modified:Last Modified: Tuesday, September 06, 2022 1:57:51 PMTuesday, September 06, 2022 1:57:51 PM Time Spent:Time Spent: 00:27:3200:27:32
IP Address:IP Address: 76.91.68.23676.91.68.236

Page 1 ends

195
City of Costa Mesa Application for Committee/Commission Appointment 2 / 3
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.

However, this information is still subject to release pursuant to the California Public Records Act.

Name: Rocky Evans
Address:

Address 2:

City/Town: Costa Mesa
ZIP/Postal Code: 92626
Email Address:

Phone (cell):

Q7
Signature Required
By checking this box and typing my name below, I am
electronically signing my application.

Q8
Full Name:

Rocky Evans
Q9
Current or Most Recent Employer:

Dolbey and Company
Q10
Current of Most Recent Job Title:

Lead Senior Technical Engineer, Interface Analyst
Q11
Key Accomplishments:

At my main job? I fix more problems than I create. Created standards and procedures

Page 2 ends

196
City of Costa Mesa Application for Committee/Commission Appointment 3 / 3
Q12
Please share you background and experience or knowledge of the arts (visual and performing), arts education, arts administration and community outreach/engagement:

I've always been drawn to art. Got in trouble as a kid. I've taken visual arts and typography classes at Baker College in Flint and U of M Flint. I've been screen printing for decades and have taught screen printing, silicone mold making, woodworking, and welding. I've been a maker working out of Urban Workshop since 2015. I mostly make beer stuff because hey I like beer - and have worked with several breweries in OC and beyond to develop designs and create tap handles and other goods. I have learned a ton while on the Cultural Arts Committee - organizing and running an event, fundraising, advertising.

Q13
Why are you applying to be an Arts Commissioner for the city of Costa Mesa? Hard to let go, eh? I enjoy participating in the community.

Q14
Please share you vision for the arts in Costa Mesa:

Artists getting paid by the City of the Arts is #1. Fun stuff to look at is #2.

Q15
Please share your experience in producing and or participating in arts and multicultural programming:

Most of my programming experience came from the Cultural Arts Committee. I'd often get assigned to different tasks for each project/event. A lot of it is brainstorming and thinking through the event, identifying options to investigate, and putting your action plan to work. With the Action Arts in the Park and ArtVenture events, we were pioneering some new territory at the time, so there was more discovery and guesswork in there. It's a bit easier with established events.

Q16
Please share any other relevant work experience, volunteer work, community activities or memberships:

I sat through a bunch of Parks & Recs meetings back in the day. Done quite a few Public Comments there and at City Council.

Q17
How did you hear about this opportunity?
It was on the final CAC agenda.
197
City of Costa Mesa Application for Committee/Commission Appointment 1 / 3
Q1
Full Name:

Megan Leary
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

I have a 3 year old daughter and I want her to grow up in a city that values and promotes the arts however feasible. Knowing I might be able to play a role in that would be especially meaningful. I am also a member of the local Costa Mesa/Santa Ana Chapter of the Moms Club and would love to be able to promote art as way for the children in that group to express themselves and plan more outings with art in mind.

Q4
As a Committee/Commission member, what ideas or projects are of interest to you? Comedy in the park, quarterly plays in the community, promoting/starting an art walk Q5
Optional Resume:

Megan Leary Resume.pdf (165.3KB)
#44#44

COMPLETECOMPLETE
Collector:Collector: Web Link 3 Web Link 3 (Web Link)(Web Link) Started:Started: Wednesday, August 10, 2022 1:29:30 PMWednesday, August 10, 2022 1:29:30 PM Last Modified:Last Modified: Wednesday, August 10, 2022 1:41:36 PMWednesday, August 10, 2022 1:41:36 PM Time Spent:Time Spent: 00:12:0500:12:05
IP Address:IP Address: 107.184.165.143107.184.165.143

Page 1 ends

198
City of Costa Mesa Application for Committee/Commission Appointment 2 / 3
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.

However, this information is still subject to release pursuant to the California Public Records Act.

Name: Megan Leary
Address:

Address 2:

City/Town: Costa Mesa
ZIP/Postal Code: 92626
Email Address:

Phone (cell):

Q7
Signature Required
By checking this box and typing my name below, I am
electronically signing my application.

Q8
Full Name:

Megan Leary
Q9
Current or Most Recent Employer:

Nextgen Healthcare
Q10
Current of Most Recent Job Title:

Contract Admin
Q11
Key Accomplishments:

While in the facility manager role for the company I successfully donated hundreds of dollars of office supplies to local schools and teachers during the pandemic

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City of Costa Mesa Application for Committee/Commission Appointment 3 / 3
Q12
Please share you background and experience or knowledge of the arts (visual and performing), arts education, arts administration and community outreach/engagement:

I only have a background in my love of the arts: growing up watching musicals with my father, attending different art galleries with friends, going on dates with my husband to art museums and writing one of my college theses on the differences in dance techniques of Fred Astaire vs Gene Kelly.

Q13
Why are you applying to be an Arts Commissioner for the city of Costa Mesa? I want to make sure Costa Mesa stays a City of the Arts and in fact grows in the role for my daughters educational career.

Q14
Please share you vision for the arts in Costa Mesa:

I'd like to start a monthly comedy night in the park, expand art walks in the area and make community plays more common.

Q15
Please share your experience in producing and or participating in arts and multicultural programming:

N/A
Q16
Please share any other relevant work experience, volunteer work, community activities or memberships:

I am secretary of the local chapter of the Moms Club. I volunteer with my current employer on a quarterly basis or when opportunities arise. I also volunteer with multiple voting rights advocacy groups, most recently VoteRiders, doing snail mail campaigns as well as text banks.

Q17
How did you hear about this opportunity?
Email from the City of Costa Mesa
200
Megan Leary
Southern California • (714) 473-1452 • [email protected]

Profile:

Confident, Goal Oriented and Eager with a talent for building relationships and mindfulness to details. Diversified skills and experience in management, facilities, healthcare, and customer service. A dedicated self -starter with distinct focus on creating a better work environment for the entire office team. Excellent organizational aptitudes and proven ability to positively influence co-workers.

Employment History:

Office Coordinator/Facilities, NextGen: July 2017 - present ● Work with national facility manager to arrange all work and repairs needed around the office ● Following office workflow procedures to ensure maximum efficiency ● Input facility vendor orders and purchase requisitions for facilities vendors ● Maintaining files and records with effective filing systems ● Supporting other teams with various administrative tasks o Redirecting calls, disseminating correspondence, scheduling meetings etc. ● Work with furniture vendors and staff to order and update furniture and supplies for office. ● Perform general maintenance of the facility and office equipment. ● Provide support duties to the organization as needed. ● Greet vendors, customers, job applicants and other visitors, and arrange for transportation services, when needed. ● Monitor office expenditures and handle all office contracts (rent, service etc.) ● Perform basic bookkeeping activities and update the accounting system ● Monitor office supplies inventory and place orders
● Assist in vendor relationship management

Billing Specialist, Front Office & Client Relations, Magnolia Medical: December 2015 – July 2017 ● Clinic work
o Answer phones to schedule appointments for patients
o Front desk: check in patients, collect payment, check out patients o Collections, facilities, etc.
o Call in prior authorizations for prescriptions and verify insurance eligibility ● Direct marketing to doctor offices and addiction centers via visitations and marketing emails ● Weekly billing
o Create and manage medical superbills for insurance billing o Organize and manage lab screens to send with superbills when applicable ● Work on Excel Spreadsheets for billing data tracking & QuickBooks ● Help build procedures and best practices
● Manage weekly metrics list
o Generate reports to track patients and billing statistics for opening new offices

Office Coordinator/Executive Assistant, 10-4 Systems: January 2016 – January 2017 ● Managed the receptionist area, including greeting visitors and responding to telephone and in -person requests for information.
● Organize meetings and schedules
● Create Office Directory: list of employees, position, and picture o Worked on Microsoft Access to create an editable database with important and helpful employee information ● Organize travel and reservations for multiple executives in office o Book flights, hotels, register conferences, and reserve events at shows o Contact other executives to make sure they are registered & work with their travel accommodations when needed ● Create Culture & Company Handbook
o Work with marketing manager to design a book to describe what it means to work for 10 -4 o Build up with feedback from long time employees & what makes 10-4 such a great company to work for o Arrange and plan company outings once a quarter
● Contracts for clients
● Work alongside Controller/Accounting Manager
o Enter vendor bills and invoices into NetSuite and Zoho o Tracked payment schedule for various vendors to make sure payments were made on time 201
● Used Expensify, Excel and Certify to submit expense reports for multiple employees every month ● PTO Tracking
o Created multiple Microsoft Excel Spreadsheets to track all of the employees re quested days off ● Applicant Tracking System (ATS)
o Data entry on ClearCompany.com
● New hire assistance

Administrative Assistant, Vulcan Engineering: May 2015 – January 2016 ● Answer phones for sales leads and other internal customer service requests ● Grow other companies under the larger umbrella of Vulcan ● Working with existing steel and hydraulics customers and reaching out to new leads ● Organizing and managing orders and schedules
● Drawing up quotes for customers and businesses in the oil, gas and steel industries ● Managing current ordering processes and shipping deadlines ● Collaborating with vendors and contractors to get the best possible pricing and inventory for sales and shipping purposes ● Contacting our overseas manufacturer to custom build parts and f ittings

Manager, SalonCentric a L’Oreal Company: November 2010 – May 2015 ● Increased growth of partner companies of L’Oreal through the storefront of SalonCentric ● Managed staff, sales, merchandising and customer relations on an everyday basis. ● Hired and trained an ongoing number of employees within the company. o Used PowerPoint slides to help train new hires on policies and procedures with accompanying slides ● Tracked inventory to help move sales and stay on top of product that needed to be stocked more fr equently to avoid losing sales
● Worked with staff and other management teams to work within scheduling expectations and keeping labor hours within proposed guidelines.
● Kept up with current monthly promotions in the company to further drive sales and profits in the company. ● Worked with our salon representatives to increase sales for them as well as drive business forward in the surrounding area

Customer Service, Crate & Barrel: June 2005 – April 2011, and October 2017 – June 2019 ● Worked in the customer service office to answer customer’s phone calls which included but not limited to diffusing volatile situations, arranging deliveries around hectic schedules and working with vendors to issue credit and refunds to help save the company money
● Generated an average of $60,000 every month in sales
● Customer Service Training: Diffusing Volatile Situations, Handling Objections ● Merchandising and product placement
● Holiday Department Manager for three years

Education & Development:

B.A. Sociology – June 2008
● University of California at Irvine – Irvine, CA
o Relevant coursework: Human Studies, Gender Relations, and Political Science Additional Skills
● Very proficient in Microsoft Word, Excel, Outlook and PowerPoint ● Types on average 70 words per minute
● Excellent customer service skills in person and on calls. ● Strong people skills
● Extremely good at time management and multitasking

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City of Costa Mesa Application for Committee/Commission Appointment 1 / 4
Q1
Full Name:

Justin Fong
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

My name is Justin Fong and I am interested in serving on the Arts Commission. I graduated from UCSD, majoring in International Studies and minoring in Photography, and received my JD/MBA from Washington University in St. Louis. I am currently the General Counsel of a mortgage lender and have experience in legal matters including real estate, commercial litigation, employment, and intellectual property. I am also a Board of Director for the Orange County Asian American Bar Association. I believe that based on my background in law, business, and community service, I have the necessary hard skills to serve on the Committee and help execute the necessary planning to help our community thrive.

Much more importantly though, I have a strong affinity for the arts and community service. During my college years I spent much time in the arts, as I spent my first summers working as a Getty Intern and helped with my local art institute. Additionally, I served on the Arts Committee this past year before it was disolved.
#79#79

COMPLETECOMPLETE
Collector:Collector: Web Link 3 Web Link 3 (Web Link)(Web Link) Started:Started: Tuesday, September 06, 2022 9:34:20 PMTuesday, September 06, 2022 9:34:20 PM Last Modified:Last Modified: Tuesday, September 06, 2022 9:44:36 PMTuesday, September 06, 2022 9:44:36 PM Time Spent:Time Spent: 00:10:1500:10:15
IP Address:IP Address: 201.174.135.52201.174.135.52

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City of Costa Mesa Application for Committee/Commission Appointment 2 / 4
Q4
As a Committee/Commission member, what ideas or projects are of interest to you? If chosen to be a member of the committee, my goal would be to help supplement the great work the committee has already done.

Here are a few ideas I have.
1) Large Outdoor Art Classes
One idea would be to have once a month or a quarter a large scale art event where we have a local artist, or I was thinking of potentially one of the cities muralists (we could make this a condition of being accepted as a muralist), give a short 30min-1hour art lesson outside. I think it would be a great way to introduce people to the arts and also give them a connection to the murals that are painted.
2) Connecting Generations
Events with elder people and young people. I think that there is a disconnect between the generations and it would be great to have events where young people get to learn from older folk. It could be potentially skill-oriented (elders teaching skills like woodworking or knitting).

Q5
Optional Resume:

Respondent skipped this question
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.

However, this information is still subject to release pursuant to the California Public Records Act.

Name: Justin Fong
Address:

City/Town: COSTA MESA
ZIP/Postal Code: 92627
Email Address:

Phone (cell):

Q7
Signature Required
By checking this box and typing my name below, I am
electronically signing my application.

Q8
Full Name:

Justin Fong

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City of Costa Mesa Application for Committee/Commission Appointment 3 / 4
Q9
Current or Most Recent Employer:

AmWest Funding Corp.

Q10
Current of Most Recent Job Title:

General Counsel
Q11
Key Accomplishments:

Developing and reviewing legal operations, contracts, litigation, and policies for the company Q12
Please share you background and experience or knowledge of the arts (visual and performing), arts education, arts administration and community outreach/engagement:

I received a minor in Photography from UCSD and worked as a Getty intern. I was on the Costa Mesa Art Committee and am on the board for the Orange County Asian American Bar Association, several committees for the Orange County Bar Association, and the Association of Corporate Counsel.

Q13
Why are you applying to be an Arts Commissioner for the city of Costa Mesa? I am applying to be an Arts Commissioner for the city of Costa Mesa because I have a strong affinity for the arts. I believe that Costa Mesa has done great things in the arts like the art galleries and utility boxes, and would love to further develop the arts within our city.

Q14
Please share you vision for the arts in Costa Mesa:

I would love to see more art throughout the city and more public galleries that are easily accessible. As a member of the arts committee, I know that it is not easy for the general public to reach several of the amazing galleries that the city has and think it would be great if there was a more public permanent location.

Q15
Please share your experience in producing and or participating in arts and multicultural programming:

I worked as member of the Costa Mesa Arts Committee in reviewing the utility box art and art galleries such as Art on the Fifth. 205
City of Costa Mesa Application for Committee/Commission Appointment 4 / 4
Q16
Please share any other relevant work experience, volunteer work, community activities or memberships:

Q17
How did you hear about this opportunity?
As a member of the arts committee I was aware of it as part of the transition 206
City of Costa Mesa Application for Committee/Commission Appointment 1 / 4
Q1
Full Name:

Rhonda valles
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

Arts Commission (Complete Questions 9-17 on the Next
Page)
#54#54

COMPLETECOMPLETE
Collector:Collector: Web Link 3 Web Link 3 (Web Link)(Web Link) Started:Started: Monday, August 15, 2022 6:54:19 PMMonday, August 15, 2022 6:54:19 PM Last Modified:Last Modified: Monday, August 15, 2022 8:50:16 PMMonday, August 15, 2022 8:50:16 PM Time Spent:Time Spent: 01:55:5601:55:56
IP Address:IP Address: 47.148.56.16447.148.56.164

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City of Costa Mesa Application for Committee/Commission Appointment 2 / 4
Q3
Indicate why you wish to serve on this Committee/Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee/Commission. A resume (optional) may be attached.

Arts committee
As a lifelong Costa Mesa resident, current home owner, business owner and a professional recording and touring musician I would love to participate in the cities art committee.

I grew up in the bird streets in Mesa Verde, attended St Johns the Baptist, Adams Elementary, TeWinkle middle school, Estancia High and OCC.

I have always enjoyed supporting artists as I believe art can both define and direct a society. I believe the arts can invoke and inspire positivity and is a way to develop a harmonious positive engaged community.

As a resident and home owner I would like to contribute my time and insight to come up with and support ideas and events that promote local artists in their expression and their businesses. I am a big supporter of Local Business and keep it local.

I myself am an artist, a professional guitar player having performed at venues all around the region including OC Fair, Verizon Amphitheater, Honda Center and Universal Amphitheater to name a few., as well as radio appearances with the likes of the local legendary Poorman ( Jim Trenton), I would love to encourage and support local music events. Especially for young aspiring artists.

My business career is rooted in the surf apparel industry. Raised and growing up amongst the Velcro Valley surf apparel pioneers my lineage includes direct roots to brands like Quiksilver, Gotcha, OP, Billabong, Jacks Surf and Vans to name a few. With this history I enjoy watching the new generation of young apparel designers and apparel artists continue the Costa Mesa legacy. Coming up with events and local ideas to support these artists and brands as well would be great! I love inspiring positivity through the arts. I love seeing how the utility boxes have been painted and I’d like to participate in these types of ideas and decisions. I believe in positivity inspiring art that is unbiased and inclusive to all. Inspiring every type of person.

My music career details can be found on my website: www.GuitarRhonda.com My professional business career details can be found at: www.RhondaV.com More details and letters of recommendations are available upon request.

Thank you for your consideration.

Rhonda
Q4
As a Committee/Commission member, what ideas or projects are of interest to you? Live music events in the parks or library. Participating in selecting for public art displays.

Q5
Optional Resume:

Respondent skipped this question
208
City of Costa Mesa Application for Committee/Commission Appointment 3 / 4
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.

However, this information is still subject to release pursuant to the California Public Records Act.

Name: Rhonda vales
Address: .

Address 2:

City/Town: Costa Mesa
ZIP/Postal Code: 92627
Email Address:

Phone (cell):

Q7
Signature Required
By checking this box and typing my name below, I am
electronically signing my application.

Q8
Full Name:

Rhonda valles
Q9
Current or Most Recent Employer:

RhondaValles Inc.

Q10
Current of Most Recent Job Title:

Consultant
Q11
Key Accomplishments:

Performer at many large concert venues throughout California. Television and radio performances.

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City of Costa Mesa Application for Committee/Commission Appointment 4 / 4
Q12
Please share you background and experience or knowledge of the arts (visual and performing), arts education, arts administration and community outreach/engagement:

I was influential in organizing and orchestrating live performances and public relations events for my band. I have not participated in any events with the city however I would like to now that I have much free time due to my open and more relaxed work schedule.

Q13
Why are you applying to be an Arts Commissioner for the city of Costa Mesa? Because I would like to participate in selecting events and artists who can both represent our amazing city it’s history and it’s growth.

I am excited about our progress and passionate about our history. I would like to do some encourage perhaps the indigenous history of the city and all of our wonderful parks and nature. I strongly believe in community and encouraging our residents to be active and highlight the wonderful diversity we have and all the new amazing artistic people in many mediums from music, creative art to even culinary artists.

Q14
Please share you vision for the arts in Costa Mesa:

As noted above I love the growing diversity the community participation as well as exploring our amazing indigenous history. I believe that encouraging local interests buying shopping local, walking cycling, nature preservation and perhaps art exhibitions. I have ideas like walk through installations or museum activities or interactive exhibits.

Q15
Please share your experience in producing and or participating in arts and multicultural programming:

I’m interested in learning more about local events, helping guide and create new events and embracing our diversity while also educating the amazing indigenous history. This would be my first real involvement in producing programs.

Q16
Please share any other relevant work experience, volunteer work, community activities or memberships:

I’m my business I’m involved with military uniform production both here in OC and in other states. I have received high level small business certifications and have spoken at conferences to support native Americans and disability work programs for government business opportunities.

Q17
How did you hear about this opportunity?
Arlis Reynolds twitter post. :)
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City of Costa Mesa Application for Committee/Commission Appointment 1 / 4
Q1
Full Name:

Allison Mann
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

I’m an avid patron of the Arts. I grew up in Los Angeles next door to my parents 49 seat Equity Waiver Theatre (The MET Theatre) from 1973-1985, and then the Theater moved to East into Hollywood (Santa Monica & Western) where the board of Directors consisted of my father James Gammon, Holly Hunter, Ed Harris, Beth Henley, Martin Kove and John Ashton among others. I worked have worked in every part of a 99seat and below Equity Waiver theatre. I was also an Ovation voter. I took over the Theater in 2000-2005. I built up a theater company to include: writers, directors, actors & actresses, improv and music directors as well as being a part of showcasing what I believed to be up-incoming talent to the likes of String Theory and Musical Acts. We did classical theater such as King Lear as well as new work by many new playwrights. We were also home to the Great Writers Series for many years.

I also love opera, classical music, art museums and especially art openings. My husband has studied Art in College, so we both cherish any conversations that include past & present artistic motivation, artist history & possible meaning and symbolism. We are going to Segerstrom Arts Center tonight to see Hadestown and are looking forward to “To Kill a Mockingbird” in December. I was also actively involved in my childrens elementary school (Victoria Elementary) as a PTA member as well as VP and President. My passion runs deep when it comes to the Arts. I have 1 son at Mater Dei (freshman), 1 son at Ensign and 1 daughter at St. John the Baptist Q4
As a Committee/Commission member, what ideas or projects are of interest to you? Theatre, Art Shows, Classical Music Conservatory, Jazz, Concert Halls, Museums, Artist Q & A’s, Movies, TV, SCFTA, SCR and living on the Westside of Costa Mesa gives me an opportunity to see young talent all over. #58#58

COMPLETECOMPLETE
Collector:Collector: Web Link 3 Web Link 3 (Web Link)(Web Link) Started:Started: Friday, August 19, 2022 1:34:54 PMFriday, August 19, 2022 1:34:54 PM Last Modified:Last Modified: Friday, August 19, 2022 2:47:08 PMFriday, August 19, 2022 2:47:08 PM Time Spent:Time Spent: 01:12:1401:12:14
IP Address:IP Address: 104.28.85.168104.28.85.168

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City of Costa Mesa Application for Committee/Commission Appointment 2 / 4
Q5
Optional Resume:

Respondent skipped this question
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.

However, this information is still subject to release pursuant to the California Public Records Act.

Name: Allison Mann
Address:

City/Town: Costa Mesa
ZIP/Postal Code: 92627
Email Address:

Phone (cell):

Q7
Signature Required
By checking this box and typing my name below, I am
electronically signing my application.

Q8
Full Name:

Allison Mann
Q9
Current or Most Recent Employer:

Stay at home Mom for 15 years. Actress in LA for 20 years. And before that was an Owner & Designer with a denim Company called Ranahan Jeans.

Q10
Current of Most Recent Job Title:

Mom
Q11
Key Accomplishments:
3 children, Married to retired Orange County Sheriffs Sergeant. Also, the many plays produces and acted in and my past denim line.

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City of Costa Mesa Application for Committee/Commission Appointment 3 / 4
Q12
Please share you background and experience or knowledge of the arts (visual and performing), arts education, arts administration and community outreach/engagement:

I believe I put that in a previous box. I grew up in a theatre my parents (James & Nancy Gammon) owned and ran in LA from 1973- 1985. In 1990 the theatre came back to life with the likes of Holly Hunter, Ed Harris, Beth Henley to name a small few of the many. We had the Great Writers Series and Radio Plays and many highly successful playwrights including Sam Shepard (whom my Dad was named as his muse in an interview for a magazine). After 10 years and a change over, I took the helm in 2000-2005 adding a theatre company to the mix with my sister Amy Gammon, Paul Koslo, Silas Weir Mitchell & Harris Fishman. After the theatre I started a denim line in LA’s Fahion District called Ranahan Jeans. In 2008 I got married to Jason Mann and moved to Costa Mesa to raise our family.

Q13
Why are you applying to be an Arts Commissioner for the city of Costa Mesa? I feel I have a lot of experience and knowledge around so many forms of Art… and I miss being in that industry and would love to contribute what I can.

Q14
Please share you vision for the arts in Costa Mesa:

I feel the Arts area in Costa Mesa (by Segerstrom Center for the Arts) is a wonderful area already… I would want to work on Art projects and building the community in Westside Costa Mesa… which already houses small artists lofts and galleries. I would love to help bring more life and vibrancy through Art to this area. Many small businesses are here with up and coming designers in all areas (fashion & home design) … also, bring Music, Murals (by local artists) and there is also a Dance Studio as well as Surf/Skate Companies galore that work in the medium of Art, Music, Fashion and the like… it could be overflowing here right now.

Q15
Please share your experience in producing and or participating in arts and multicultural programming:

I was also a PTA member on many committees as well as VP & President. SOY was a great organization that helped us with some multi cultural planning. We also had Heritage Days where kids were involved in bring custom dress, traditional recipes, etc… to school to share their unique Family perspective. I think ALL Art should at some point be referenced and celebrated from ALL Cultures past & present. It’s so fun to see a real Indian Pow Wow or how Art was first painted on Rocks or Statues carved of wood or out of rock. Also variations in music and influences from all over the world that inspire our artists of today. Multi Cultural and Multi-Lingual Art is fascinating and is melding into the most interesting stars of today.

Q16
Please share any other relevant work experience, volunteer work, community activities or memberships:

I’m a mother of 3 athletes. 2 boys, 1 girl. I was always an artist and my Family really only lived in that World. My father did plays in New York for Sam Shepard and was nominated for a Tony Award. I’ve been present for so many amazing artistic moments and experiences that I find prized beyond many things. I’ve worked for many non- profits, been an active fundraiser for our schools and individuals as well as causes. I believe it takes a village to raise a family and life would be so boring without Art. 213
City of Costa Mesa Application for Committee/Commission Appointment 4 / 4
Q17
How did you hear about this opportunity?
The Costa Mesa weekly snapshot by email.
214
City of Costa Mesa Application for Committee/Commission Appointment 1 / 5
Q1
Full Name:

Skeith Sean Keith DeWine
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

1. My name is Skeith DeWine. I have been an artist and arts activist my entire life. I have been art arts educator both in art history and teaching various disciplines of arts either at local museums, community outreach programs or in the Los Angeles Juvenile Detention Camps working with youth at risk. I created my own art startup company Called the Leonardo Da Vinci Institute of Discovery where I teach other the benefits of combining science and art and naturalistic observations in order to create new technologies. I fought for artist affordable housing both at the regional and state levels for the City of Santa Ana. I am currently a real estate gent where one of my objectives is to help artists procure art space either for living, working or retail. I have done fund raising in various capacities for art exhibitions. I have exhibited at multiple museums and art galleries throughout California during my career. Additionally I have run one of the longest running operational art galleries in Orange County called T.S.A.G.I.C or “The Smallest Art Gallery In California. Many significant California Artists had their very first art exhibitions out of my space and our now in Museum collections throughout the United States and around the world.
#73#73

COMPLETECOMPLETE
Collector:Collector: Web Link 3 Web Link 3 (Web Link)(Web Link) Started:Started: Friday, September 02, 2022 7:30:15 PMFriday, September 02, 2022 7:30:15 PM Last Modified:Last Modified: Friday, September 02, 2022 8:28:29 PMFriday, September 02, 2022 8:28:29 PM Time Spent:Time Spent: 00:58:1400:58:14
IP Address:IP Address: 174.195.139.42174.195.139.42

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City of Costa Mesa Application for Committee/Commission Appointment 2 / 5
Q4
As a Committee/Commission member, what ideas or projects are of interest to you? To Bring a college of fashion to Costa Mesa. The city is the sports apparel capital of the world and I would like to spotlight that and bring the sports, apparel and art world into closer proximity utilizing a fashion college as the catalyst for starting a new direction for the city.

Create an affordable artist housing project for the city.

Create a community digital art and technology learning center where people can learn about making computer games, documentary film making and 3-D Printing and the latest trending technologies with applications in the fine arts and design.

A learning center at Banning Ranch where we teach our youth the combine studies of art, nature and science. A place where our youth can imagine, envision and create new technological breakthroughs through their closer connections and understandings of nature. I want our youth to have the opportunity to learn new skill sets in order to handle issues like global warming or instilling the abilities to understand the natural world at a higher degree and develop new technologies from those naturalistic studies. One oyster can clean five gallons of water a day but most people don't know that simple fact or how to apply it to clean contaminates in our soils?!?? This is just one example that I am setting down for this application.

Q5
Optional Resume:
!_SDewine_Arts_resume (1) OC_MASTER B.pdf (142.5KB)
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.

However, this information is still subject to release pursuant to the California Public Records Act.

Name: Skeith DeWine
Address:

City/Town: Costa Mesa
ZIP/Postal Code: 92627
Email Address:

Phone (cell):

Q7
Signature Required
By checking this box and typing my name below, I am
electronically signing my application.

Q8
Full Name:
s.k.dewine
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City of Costa Mesa Application for Committee/Commission Appointment 3 / 5
Q9
Current or Most Recent Employer:

Coldwell Banker, Newport Beach
Q10
Current of Most Recent Job Title:

Real Estate Agent
Q11
Key Accomplishments:

Key Accomplishments Founding member of the Santa Ana Artists Village Founder of the Santa Ana Artists Walk Revitalizing the Abbot Kinney, Venice Beach Artists District Creating the children art and design art program at the Peterson Museum of Automotive History Creating my own art/technology startup company and obtaining museum exhibitions and global media attention for my efforts.

Having one of the longest operating art galleries in Orange County. Being a working thriving artist for over 25 years! Creation of the Lavender Underground – Smuggling Contraband or censored art into Russia and Iran along with other humanitarian endeavors.

Q12
Please share you background and experience or knowledge of the arts (visual and performing), arts education, arts administration and community outreach/engagement:

I have been an educator both in the science and art for the city of Los Angeles. In issues with Santa Ana I had to coordinate regularly with city council and media outlets in order to help establish the city as a major arts destination. The rigor of constant community outreach, event planning are a necessity in order to attract new artist to Orange County for the past 25 years.

I was the first to identify the Peterson Museum of Auto History need an arts education program and went about it myself to start the ball rolling with close communications with the LA Times and KCRW in order to garner support for efforts. And make the board see that they had a larger responsibility to the community then displaying expensive automotive.

I have a background in Italian Renaissance art history especially in the area of urban planning and design with coursework at Hard University and the Rhode Island School of Design. Over the years I have become adept at understanding and creating art cities or, the very least arts districts. Its a special skill where one needs to demonstrate to merchants that the arts are a vital tool to attract new commerce to a city and the privileges and hospitality requirements that brings. I come from a family of jazz musicians, screen writers and scenic and set designers.

I have over 60 museum or gallery exhibitions under my belt. Additionally, I have been a regular curator of gallery owner with exhibitions with artist from varied cultures, social and economic demographics. I have participated in a great many panel discussions on the fine arts over the years. I have been a civil rights activist utilizing my skill and knowledge of arts as my main tool to bring about social changes and justices.

I was employed at the Laguna Museum of art for over three years in the exhibition and display department.

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City of Costa Mesa Application for Committee/Commission Appointment 4 / 5
Q13
Why are you applying to be an Arts Commissioner for the city of Costa Mesa? In the early 1990's I felt Costa Mesa did a very poor job supporting their arts community and spent the majority of it's time and financial efforts devoted to the development of it's Orange County Performing Arts Center. I felt left out in the cold and neglected as a viaual artist in the city. When I lodged complaints with the city council of Costa Mesa it fell on deaf ears. So, I left and went onto to put all my efforts into the City of Santa Ana. The city was respectful and excited to have me. Years later the owner, of Juxtapose Art Magazine, Greg Escalante had seen my arts activism in Venice Beach, Ca and Santa Ana. He asked me to return to Costa Mesa and help bring fashion, sports and the fine arts into closer proximity of one an other in order to formulate a new vibrant unexpected art scene. Greg wasn't only an arts entrepreneur but, an avid surfer. He was aware of my past arts activism. And, I figured since I am in Costa Mesa I can be one of many people to guide the city in a positive direction for artists so others do not leave the city out of disappointment like I did in the past. It's an opportunity to come full circle, rewrite history and empower other artists with the knowledge I have learned to apply towards grassroots art city community planning and development.

Q14
Please share you vision for the arts in Costa Mesa:

I believe my vision of Costa Mesa falls into three categories. The first is to embrace, enhance and accelerate the overlooked fashion component of the city and spotlight it through the arts and upcoming Olympics the intersection that art can supply to support that. The second is to place Costa Mesa into a leadership role of environmental activism by utilizing the fine arts and Banning Ranch as a catalyst to initiate change or participation and heightened knowledge about our environment through fine art studies. Finally, to increase awareness and branding of Costa Mesa as a key art city within the Pacific Rim and extend invitations to other countries and cultures of the Pacific Rim to share their artistic and cultural customs within the city of Costa Mesa.

Q15
Please share your experience in producing and or participating in arts and multicultural programming:

Participant in Media Arts Santa Ana - (MASA)
Educator and volunteer for the Los Angeles Unified School System working in the "Pregnant Minor Program".

Helping create an underground organization called the "Lavender Mafia" where we smuggled censored or controversial artwork on the back of postage stamps to be enlarged at later date and connect insular art communities to the outside world. Later through our work we were given locations of safe houses and encoded their locations in drawings and paintings. This work helped save lives in both Russia and Iran. You learn a few tricks when you grow up in a Jewish household.

On multiple occasions showcased trans and LGBTQ individuals artwork out of my art gallery.

Exhibited artwork of artists dealing with addictions and gave them a space to tell their personal narratives though art and utilize it as a source of therapy.

Exhibitions with key Native American and Latino artists out of my art gallery like Richard Vargas and political cartoonist Lalo Alcaraz. 218
City of Costa Mesa Application for Committee/Commission Appointment 5 / 5
Q16
Please share any other relevant work experience, volunteer work, community activities or memberships:

Media Arts Santa Ana, Urban Land Institute, member of the Newport Beach Chamber of Commerce, Ran workshops out of my art studio regarding art making or social/community projects for over 20 years.

Taught science and art in the LACOE Juvenile Detention Camps. Worked as a volunteer for "Poor Boy Industries", Worked in the Direct Mail Industry with family business. Designed backdrops and scenic designs for plays. Hosted fashion shows out of my art studios. Networked for years to bring the OC and LA art scenes closer together with many varied special events. Created the Leonardo Da Vinci Institute of Discovery - (combining science art and tech together into one single bundle, practicing architectural design and industrial design, grant writing. Currently working on a body of paintings and sculptures that capture Socal and Costa Mesa's skateboarding and surfing scenes.

Q17
How did you hear about this opportunity?
A roundabout way from Richard Stein in conjunction with Pocha Pena and Victor Payan and Lisa Berman. Some additional credit needs to go to Greg Escalante for talking me into coming back to the city. He got me fired up about accentuating Costa Mesa skateboard and surfing scene and have fun with it in the public spotlight if I was ever given the opportunity. You never really think of art as an "OPPORTUNITY" But, rather an obligation to help make changes with god gifted skill sets. Art changes everything and brings out the best qualities in humanity.
219
: 233 E. Bayfront
Balboa Island, CA. 92662
: 310.804.5841
: [email protected]

SKEITH DEWINE

ARTS ACTIVIST AND PLANNER

INTRODUCTION
I am an arts activist. Most recently advising and developing art live/workspaces for the City of Santa Ana and Orange County. Additionally, I have run a modest art gallery for over 10 years in Orange County. I was also an arts and science educator in the Los Angeles juvenile detention camps for youth at risk for five years. I am one of a small group of founding member of the Santa Ana Arts District and the cities monthly Santa Ana Arts Walk. I am looking to provide
originality and innovation in a strategic way to an arts and culture institution in the areas of marketing and community engagement and positive interactions with the public and branding a city through its unique and diverse collective community.

I come from a family of jazz musicians and song writers. I, myself, have contributed to the development and success of the Orange County Fine Arts Scene for two decades. I would welcome the opportunity to meet with you to share the
projects I have completed that will be a benefit to your institution’s current needs for an arts supervisor. Some of my art related activism projects for Southern California have been featured on Spectrum News One and the LA Times. I
am a champion for community engagement, all-inclusive arts programming and strengthening the vitality and longevity of a city through varied communications and the fine arts. I look forward to hearing from you and hope to set a mutually
convenient time for a meeting.

Sincerely,
Skeith DeWine
S/D
220

• Educate city council and planning commission about new rules and regulations for new types of housing and available federal funding opportunities • Define benefits of artists housing in a sanctuary city & opportunities for promoting ethnic diversity, and incorporating a children's art education facility into housing project. • Organize committees for input about housing needs from cities residents and artists. • Strong communications with city, state and federal government officials. • Model making, designs and drawings to convey overview of project and facilities.

META AFFORDABLE ARTIST HOUSING PROJECT
Orange County, CA / 2013 - 2021

• Re-branding the City of Santa Ana as an arts city by emphasizing the cities ethnic and social diversity. Consistent outreach to media outlets, exhibition programming and hosting artists from around the world in the city.
• Regular meetings with Santa Ana’s City Council & Department of Economic development to communicate & procure necessary amenities to ensure the success of the city’s arts programs. • Established Santa Ana’s Art Walk. In charge of P.R. & Marketing for the first 5 years to ensure its ongoing success. Invited new artists to the city & helped them establish new art bases. • Opened and operated one of Santa Ana’s first and longest running art galleries in the city. • Regular exchange of ideas and information with the California Arts Council and museum curators for city wide arts programming and to bring the High School of the Arts to the city. • Lead mentor/advisor in developing Santa Ana’s Arts Master Plan.

SANTA ANA COMMUNITY ARTS CITY PROJECT
Santa Ana, CA / Completed
• Educational workshops out of my design space how to integrate art & science together (S.T.E.A.M.) • Grant writing for museum exhibitions and specialty projects. • Developed children’s art & automotive design program at Peterson Museum of Auto History. • Research and preservation of Italian Renaissance Art and Cultural Histories. • Cost and analysis for specialty projects for museum and gallery exhibitions. • Feature stories and P.R. with KCRWs Artbound, Spectrum News and Los Angeles Times. • Lecturer at So Cal Universities on designing new technologies by studying nature. (Biomimicry) • Interactions with CA college architecture departments and M.I.T.s Logistic Depart. • U.C.R Museum exhibition for housing designs in non-terrestrial environments. • Concepts and designs to tackle Los Angeles homeless crisis. • Creating outdoor cinema center for community engagement.

CALIFORNIA DA VINCI INSTITUTE OF DISCOVERY
Costa Mesa / Venice Beach, CA / Current
Projects

EXPERIENCE

EDUCATION

RHODE ISLAND SCOOL

OF DESIGN
Architectural Design
Painting & Drawing
Art History

HARVARD UNIVERSITY
Urban City Planning & Dev
of the Italian Renaissance
Art history w/course work
at M.I.T. Applied Design Dept.

CAL STATE UNIVERSITY

OF FULLERTON
BA: Art History
BA: Greek & Roman Philosophy

SKILLS/CERTI FIC ATIONS/OT HER
• California Department of Real Estate License CalDRE # 02093079 • Regular communications with politicians and city planners of Los Angeles and OC. • Create specialty projects that enhance community engagement, economic development, and children's education opportunities for a city.

These projects lay the foundations for a city to go through revitalization and redevelopment processes. • Member of OC chapters of ULI and Chamber of Commerce. • Regular studies in sustainable building and construction technologies. • Writing and Harvard University Research Assistant.
• Created the art/design outreach program for the Peterson Museum of Auto History. • Regular contributor to housing elements of coastal cities of OC for the past year. • Family business compilers of real estate transaction data in CA for past 30 years. • Extensive R&D in homeless housing solutions.
• Specialist in direct mail for strategic marketing

CURRENT PROJECTS

IN DEVELOPMENT
● Los Angeles Greenline
Transportation Corridor

● Concepts/Designs for
LA homeless crisis

● Green pedestrian corridors

● Outdoor cinemas for
community engagement
& economic development
* Please see appendix
for further details
and references

: 233 E Bayfront
Balboa Island, CA. 92662
: 310.804.5841
: [email protected]

SKEITH DEWINE

ARTS AND ARTS ACTIVISM

S/D
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City of Costa Mesa Application for Committee/Commission Appointment 1 / 3
Q1
Full Name:

Philip Richard Palisoul, II
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

Arts Commission (Complete Questions 9-17 on the Next
Page)
,
Animal Services Committee,
Active Transportation Committee,
Fairview Park Steering Committee,
Historical Preservation Committee,
Mobile Home Park Advisory Committee
Q3
Indicate why you wish to serve on this Committee/Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee/Commission. A resume (optional) may be attached.

I'd love to be able to give back to the Community in anyway possible and thing this would be a great way to start. As a resident of Costa Mesa for the last 15+ years and as a father of two, I'd love to help make Costa Mesa safer through the Active Transportation Committee.

Q4
As a Committee/Commission member, what ideas or projects are of interest to you? Anything to help make Costa Mesa a safer place for the residents. #49#49

COMPLETECOMPLETE
Collector:Collector: Web Link 3 Web Link 3 (Web Link)(Web Link) Started:Started: Monday, August 15, 2022 1:12:07 PMMonday, August 15, 2022 1:12:07 PM Last Modified:Last Modified: Monday, August 15, 2022 1:34:04 PMMonday, August 15, 2022 1:34:04 PM Time Spent:Time Spent: 00:21:5600:21:56
IP Address:IP Address: 209.198.211.126209.198.211.126

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222
City of Costa Mesa Application for Committee/Commission Appointment 2 / 3
Q5
Optional Resume:

PhilPalisoulResumeAugust2022.docx (19.5KB)
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.

However, this information is still subject to release pursuant to the California Public Records Act.

Name: Phil Palisoul
Address:

City/Town: Costa Mesa
ZIP/Postal Code: 92627
Email Address:

Phone (cell):

Q7
Signature Required
By checking this box and typing my name below, I am
electronically signing my application.

Q8
Full Name:

Philip Richard Palisoul, II
Q9
Current or Most Recent Employer:

Omnia Pacific Construction
Q10
Current of Most Recent Job Title:

Director of Business Development and Project Management Q11
Key Accomplishments:

Respondent skipped this question

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223
City of Costa Mesa Application for Committee/Commission Appointment 3 / 3
Q12
Please share you background and experience or knowledge of the arts (visual and performing), arts education, arts administration and community outreach/engagement:

In college, I took numerous art history classes. I have also been lucky enough to travel to numerous art museums all throughout the US and Europe.

Q13
Why are you applying to be an Arts Commissioner for the city of Costa Mesa? To help the Costa Mesa Art Community be protected and celebrated and to provide citizens of this city access to the arts.

Q14
Please share you vision for the arts in Costa Mesa:

I would love to see Costa Mesa be City where arts flourish. I think this would be a huge benefit not only to the art community but also to all the citizens of this City that art touches.

Q15
Please share your experience in producing and or participating in arts and multicultural programming:

Unfortunately, none. However, I love all forms of art and would love to help in anyway I can.

Q16
Please share any other relevant work experience, volunteer work, community activities or memberships:

I have uploaded my resume for my work and educational experience. I am also a volunteer for AYSO and have been for the last three of four years.

Q17
How did you hear about this opportunity?
I saw it online.
224
PHIL R. PALISOUL

458 Flower Street – Costa Mesa CA 92687 • [email protected] • 949-887-2954

EXPERIENCED BUSINESS DEVELOPMENT

AND PROJECT MANAGER

PROFESSIONAL EXPERIENCE

Director of Business Development and Project Management Omnia Pacific Construction, Orange, CA http://www.omniapacific.com April 2019 to Present • Increase sales from $200,000 to over $1.9 million in multi-family/retail/office projects • Develop marketing strategy with Executive Team for company moving forward • Create new relationships and foster existing relationships to drive sales • Work with company President to identify new business opportunities and revenue streams • Manage all projects from bid to completion to ensure satisfied clients and to create future opportunities • Attend (in person and virtual) industry events as primary representative for company Project Manager
Jones Lang LaSalle, Irvine, CA http://www.jll.com/ March 2018 to April 2019 • Manage multiple retail location developments throughout Southern California from project kickoff to close out • Coordinate tenant improvement projects including selection of contractors at Manhattan Village Shopping Center • Lead multiple construction teams to complete concurrent tenant improvement projects and new construction projects • Develop project construction budgets and schedules to maximize profitability and pace of work • Maintain excellent relationships between vendors, key stakeholders and the client Managing Director/COO
Gen Next, Newport Beach CA http://www.gennext.com November 2013 to March 2018 Director level Manager overseeing remote team of Regional Directors focus on expansion across United States • Directly responsible for increasing membership buy-in of C level executives into organization nationwide • Responsible for routine updating and presentations to Board of Directors and key stakeholders • Project Management in efficiency changes such as complete rollout of Salesforce CRM Senior Project Manager
Craig Realty Group, Newport Beach CA http://www.craigrealtygroup.com/ January 2011 to November 2013 Managed large expansion and development projects for Off-Price Retail Centers • Budgeted complete project – developed, monitored and controlled all budget aspects • Managed entitlement process – worked to get all necessary permits and government approvals for zoning and municipalities
• Redeveloped and managed bid process for new construction projects including negotiations with General Contractors • Project List: Woodburn Phase Four Development 78,000sf, Citadel Phase Four 60,000sf., preplanning and entitlement for Outlets at San Clemente, entitlement for Cabazon

Project Manager
225
Craig Realty Group, Newport Beach CA http://www.craigrealtygroup.com/ March 2008 to January 2011 Off-Price Retail Center Project Management and Development • Tenant improvement and property management
• Managed various construction projects on site with subcontractors including roofing, fire and safety systems, parking lot replacements, etc.
• Analyzed all bids and negotiated contracts with contractors on all projects • Project List: Managed leasing and tenant improvement for Green River property with 20 tenant spaces and approximately 176,000sf, Citadel Phase Three 77,000sf.

Construction Department Assistant
Craig Realty Group, Newport Beach CA http://www.craigrealtygroup.com/ 2006 to March 2008 Off-Price Retail Center Construction Assistant
• Effectively managed multiple retail and industrial centers including negotiating and writing leases • Signage review and approvals
• Streamlined the bidding process to ensure more accurate hard bids and to meet budget targets Executive Director
Non-profit political organization, Los Angeles CA 2004 to 2006 Coordinated county party activities, fundraising and Get Out The Vote efforts for the largest county in the United States • Managed a team of 10 employees and interns to maximize communication and efficiency with party volunteers • Organized over 600 county-wide precinct captains, district chairmen and coalition chairmen resulting in 100,000 more voters West Coast Director
Leadership Institute San Diego CA http://www.leadershipinstitute.org/ 2003 to 2004 Served as the charter leader, organizing the network throughout the West and Pacific Northwest • Advanced the infrastructure and network support, provisioning resources and a 24 hour rapid response program • Authored curriculum for the accelerated leadership program; developed training and facilitated learning

EDUCATION

Master’s Degree in Business Administration, University of California at Irvine 2009  Marketing Project Leader: Verizon Wireless Integration Project: created the sales consolidation and implementation plan  Advanced Coursework included: Project Management in a Changing Culture, Organizational Development, Technology in Project Management, Sustaining Output Methodology and Statistical Methodology in Project Management

Bachelor of Arts Degree in International Relations, University of California at San Diego 2003  Captain of the Men’s Varsity Crew Team

CONTINUING EDUCATION PRESENT  Project Management Professional Certification (in progress), Project Management Institute o http://www.pmi.org/Certification

VOLUNTEER WORK
Salvation Army, www.salvationarmy.org - collection of food for families in need Toys for Tots, www.toysfortots.org - collection of Christmas gifts for families in need

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City of Costa Mesa Application for Committee/Commission Appointment 1 / 3
Q1
Full Name:

Alisa Ochoa
Q2
Indicate the name of the Committee/Commission you are
interested in serving on:

I am an artist, visual art professional, and parent living in Costa Mesa. In my 10+ years working in the visual arts, I have helped private clients build collections, coordinated public art installations, and advocated for youth arts education programs. Additionally, I am a practicing artist have exhibited nationally with reviews online and in print, including The Los Angeles Times.

Q4
As a Committee/Commission member, what ideas or projects are of interest to you? If our city positions itself as "City of the Arts," then I think we need to do better bolstering the visual arts. I love the Segerstrom Center, and am excited for the re-opening of Orange County Museum of Art— but it should not exist in one center but instead, spread like a rhizome, enriching and reflecting all the neighborhoods within Costa Mesa. There is so much talent here, and not enough opportunity and pathways for support. I have so many ideas to make visual arts more fully integrated our cityscape in meaningful ways. One idea is to commission public art (in partnership with local businesses and public school art programs).

Q5
Optional Resume:

Respondent skipped this question
#57#57

COMPLETECOMPLETE
Collector:Collector: Web Link 3 Web Link 3 (Web Link)(Web Link) Started:Started: Thursday, August 18, 2022 2:04:33 PMThursday, August 18, 2022 2:04:33 PM Last Modified:Last Modified: Thursday, August 18, 2022 9:21:46 PMThursday, August 18, 2022 9:21:46 PM Time Spent:Time Spent: 07:17:1307:17:13
IP Address:IP Address: 104.178.236.55104.178.236.55

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Costa Mesa City CouncilSeptember 20, 2022

Costa Mesa City Council
September 20, 2022