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, December 6, 2022
*Note: All agency memberships are reflected in the title "Council Member" 5:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Zoom Webinar. Pursuant to the State of California Assembly Bill 361(Gov. Code §54953(b)(3)) the City Council Members and staff may choose to participate in person or by video conference.
You may participate via the following options:
1. Attending in person: Attendees are encouraged to wear masks at their discretion. If you are feeling ill, or if you've been exposed to someone with COVID-19, you may still participate in the meeting via Zoom.
2. Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.
1 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda December 6, 2022
3. Zoom Webinar: (For both 5:00 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
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Participate via telephone: (For both 5:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
4. Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected]. Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
5. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
2 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda December 6, 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. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.
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.
3 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda December 6, 2022
CLOSED SESSION - 5:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION -
ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Carrin A. Leaman vs. City of Costa Mesa
Orange County Superior Courts Case No. 30-2021-01196302-CU-OR-CJC
4 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda December 6, 2022
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
DECEMBER 6, 2022 – 6:00 P.M.
JOHN STEPHENS
Mayor
MANUEL CHAVEZ ANDREA MARR
Council Member - District 4 Mayor Pro Tem - District 3
JEFFREY HARLAN LOREN GAMEROS
Council Member - District 6 Council Member - District 2
ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1
KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager
CALL TO ORDER
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Mr. Brendan Ford
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
Pastor Christine Wallington, Seventh Day Adventist Church
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS: NONE.
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.
5 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda December 6, 2022
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
NEW BUSINESS:
1. CERTIFICATION OF GENERAL MUNICIPAL ELECTION AND CITY
COUNCIL REORGANIZATION
22-972
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution No. 2022-xx to be read by title only and further reading waived: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022; DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
2. Oath of Office to be administered to the newly-elected Mayor and City Council Members.
3. Comments by the Mayor and City Council Members.
4. Selection of the Mayor Pro Tem.
1 Resolution No. 2022-xxAttachments:
6 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda December 6, 2022
CONSENT CALENDAR (Items 1-10)
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
22-965
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 22-967
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Jesus Benitez, Rosita Bishopp, Shandler Brown, and Robert Steven Wilson.
3. ADOPTION OF WARRANT RESOLUTION 22-971
RECOMMENDATION:
City Council approve Warrant Resolution No. 2691
1. Summary Check Register week of 11-7-22
2. Summary Check Register week of 11-14-22
3. Summary Check Register week of 11-21-22
Attachments:
4. MINUTES 22-966
RECOMMENDATION:
City Council approve the Minutes of the Regular meeting of November 15, 2022.
1. 11-15-2022 Draft MinutesAttachments:
7 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda December 6, 2022
5. EXTENSION OF RESOLUTION NO. 2022-62 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 PURSUANT TO ASSEMBLY BILL 361
22-968
RECOMMENDATION:
Staff recommends the City Council extend Resolution 2022-62 to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
· The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City ’s legislative bodies to meet safely in person; and
· Federal, State and /or local officials continue to impose or recommend measures to promote social distancing.
1. Resolution No. 2022-62Attachments:
6. ACCEPTANCE OF RANDOLPH AVENUE AND ST. CLAIR STREET
PARKING AND PEDESTRIAN IMPROVEMENT PROJECT, CITY
PROJECT NO. 21-07
22-947
RECOMMENDATION:
Staff recommends the City Council:
1. Accept the work performed by All American Asphalt, Inc ., 400 East Sixth Street, Corona, CA 92879 for the Randolph Avenue and St. Clair Street Parking and Pedestrian Improvement Project, City Project No. 21-07, and authorize the City Clerk to file the Notice of Completion.
2. Authorize the City Manager to release the retention monies thirty-five ( 35) days after the Notice of Completion filing date; release the Labor and Material Bond seven ( 7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.
1. Location Map
2. Final Costs
Attachments:
8 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda December 6, 2022
7. MEASURE M2 EXPENDITURE REPORT 22-955
RECOMMENDATION:
Staff recommends the City Council adopt the proposed Resolution No. 2022-xx, approving the Measure M2 Expenditure Report and authorizing staff to submit the report to the Orange County Transportation Authority (OCTA.)
1. Proposed Resolution
2.Costa Mesa M2 Expenditure Report
Attachments:
8. CLEAN CALIFORNIA MAINTENANCE AGREEMENT 22-960
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the Clean California Maintenance Agreement between the City of Costa Mesa (City) and the California Department of Transportation (Caltrans).
2. Award a Maintenance Services Agreement (MSA) to The Sayler Group Corporation, 28699 Fieldgrass Street, Menifee, California 92584 in the not-to-exceed amount of $150,000.
3. Authorize the revenue and expense appropriations in the amounts of $150,000 respectively, for the maintenance agreement with Caltrans.
4. Authorize the City Manager and City Clerk to execute both agreements and future amendments within Council authorized limits.
1. Clean California Maintenance Agreement
2. Maintenance Services Agreement
Attachments:
9. ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
FROM THE COUNTY OF ORANGE FOR CITY PROJECTS
22-969
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the projects for the proposed allocation of American Rescue Plan Act (ARPA) funds from the County of Orange.
2. Authorize the City Manager to negotiate agreements and appropriate eligible ARPA funds that were allocated to the County through the Office of Supervisor Foley for two City projects.
9 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda December 6, 2022
10. ADOPT A RESOLUTION FOR THE APPLICATION OF SPECIFIED
GRANT FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT
OF PARKS AND RECREATION
22-970
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution No. 2022-xx for the formal submittal of a grant application to the California Department of Parks and Recreation Specified Grant Program for $10,000,000 in grant funds for improvements at the Jack Hammett Sports Complex, TeWinkle Park and Athletic Complex, Fairview Park, Shalimar Park; and $1,200,000 in grant funds to expand and upgrade the Ketchum- Libolt Park (Grant-Funded Projects).
2. Delegate authority to the City Manager, or her designee, as the agent of the City, and under City Council direction, to accept grant funds, conduct all negotiations, and execute and submit all documents including, but not limited to, applications, agreements, deed restrictions, amendments, and payment requests which may be necessary for the completion of the upgrades at Grant-Funded Projects, in order to expend all funds by the statutory deadlines.
1. Proposed Resolution No. 2022-XXAttachments:
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
10 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-972 Meeting Date: 12/6/2022
TITLE:
CERTIFICATION OF GENERAL MUNICIPAL ELECTION AND CITY COUNCIL REORGANIZATION DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution No. 2022-xx to be read by title only and further reading waived: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022; DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
2. Oath of Office to be administered to the newly-elected Mayor and City Council Members.
3. Comments by the Mayor and City Council Members.
4. Selection of the Mayor Pro Tem.
BACKGROUND:
Pursuant to Costa Mesa Municipal Code Section 2-14, the City’sgeneral municipal election was held on November 8, 2022, concurrent with the statewide election. The purpose of the election was to elect a Mayor to a two-year term, and three members of the City Council to a four-year term, from districts three, four, and five. In addition, Measure K was placed on the ballot for voter consideration.
The election was consolidated with the Orange County Registrar of Voters. The results of the November 8, 2022 election have been certified and the certification of the results and Statement of Votes are attached to the resolution as “Exhibit A”.
11 File #: 22-972 Meeting Date: 12/6/2022
ANALYSIS:
The certified results of the election are considered final and are now forwarded to the City Council for approval. The number of votes counted for each candidate was:
Total
Mayor 31,633 Stephens (17,297) Moorlach (14,336)
District 3 5,013 Marr (2,220) Patton (2,142) Miron (651) District 4 1,881 Chavez (1,881)
District 5 4,959 Reynolds (3,175) Dickson (1,784)
Measure K 32,944 Yes (16,483) No (16,461)
The results of the election indicate that the four (4) candidates having received the most votes are:
John Stephens for the office of Mayor, Andrea Marr for the office of Council Member (District Three), Manuel Chavez for the office of Council Member (District Four), and Arlis Reynolds for the office of Council Member (District Five).
The final results of the votes cast for Measure K reflect that 16,483 were in support of the measure and 16,461 against the measure. A majority of the voters voting on Measure K did vote in favor of it and the Measure was approved.
ALTERNATIVES:
No alternatives have been considered, as it is a State Code requirement that the results be certified by the City Council.
FISCAL REVIEW:
No fiscal review was required for the declaration of results.
LEGAL REVIEW:
The City Attorney has reviewed the resolution and approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
The election was held and conducted as required by law and the results have been determined. The
12 File #: 22-972 Meeting Date: 12/6/2022
The election was held and conducted as required by law and the results have been determined. The City Clerk requests that the City Council adopt Resolution 2022-xx certifying the results of the election, followed by the oath of office to the newly elected Mayor and City Council Members, followed by the City Council reorganization.
13 Resolution No. 2022-xx Page 1 of 5
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8 , 2022; DECLARING THE RESULTS AND SUCH O THER
MATTERS AS PROVIDED BY LAW
WHEREAS, a Ge neral Municipal Election was held and conducted in the City of Costa Mesa, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in the time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed; and that in all respects, the election was held and conducted, and votes were cast, received, and canvassed, and the returns made and declared in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the Registrar of Voters of the County of Orange canvassed the returns of the election, and has certified the results to this City Council, and the results are received, attached, and made a part hereof as Exhibit “A”;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That for the Office of Mayor the whole number of vote center ballots cast was 6,068, that for the Office of Mayor the whole number of vote by mail ballots cast in the City was 28,571, making a total of 34,639 ballots cast for the Office of Mayor.
That for the Office of Council Member (District Three) the whole number of vote center ballots cast was 956, that the whole number of vote by mail ballots cast in District Three was 4,793, making a total of 5,749 ballots cast for Council Member (District Three). 14 Resolution No. 2022-xx Page 2 of 5
That for the Of fice of Council Member ( District Four) the whole number of vote center ballots cast was 423, that the whole number of vote by mail ballots cast in District Four was 2,070, making a total of 2,493 ballots cast for Council Member (District Four).
That for t he Office of Council Member ( District Five) the whole number of vote center ballots cast was 1,049, that the whole number of vote by mail ballots cast in District Five was 4,616, making a total of 5,665 ballots cast for Council Member District Five.
SECTION 2. That the names of persons voted for at the election for Mayor are as follows: John Stephens and John M.W. Moorlach. That the names of persons voted for at the election for Member of the City Council ( District Three) are as follows: John Thomas Patton, Jorge Miron, and Andrea Marr. That the names of persons voted for at the election for Member of the City Council (District Four) are as follows: Manuel Chavez.
That the names of persons voted for at the election for Member of the City Council (District Five) are as follows: Robert Dickson and Arlis Reynolds.
That the measure voted upon at the election is as follows:
Measure K: City of Costa Mesa, Ordinance to Revitalize Commercial and Industrial Areas and Protect Residential Neighborhoods
Response Vote
To provide for future housing needs of workers, middle-class families, and seniors; maintain the character of Costa Mesa’s single-family neighborhoods; protect the environment and open space; attract new businesses; and maintain local
control; shall voters authorize the City Council to adopt publicly-reviewed land use plans to revitalize outdated commercial/industrial corridors such as Newport and Harbor Boulevards, and expand affordable housing, while restricting building heights, requiring developer-paid fees, and keeping residential neighborhoods intact?
Yes
No
15 Resolution No. 2022-xx Page 3 of 5
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates a nd for and against the measure K , are as listed in Exhibit “A” attached.
SECTION 4. T he City Council does hereby declare and determine that John Stephens was elected as Mayor for the full term of two years; Andrea Marr was elected as Member of the City Council ( District Three) for the full term of four years; Manuel Chavez was elected as Member of the City Council (District Four) for the full term of four years; and Arlis Reynolds was elected as Member of the City Council (District Five) for the full term of four years; and
That as a result of the election, a majority of the voters voting on Measure K , relating to “ City of Costa Mesa, Ordinance to Revitalize Commercial and Industrial Areas and Protect Residential Neighborhoods ”, did vote in favor of it, and that the measure was approved, and shall be deemed adopted and ratified.
SECTION 5. The City Clerk shall enter into the records of the City Council of the City, a statement of the results of the election showing:
(1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) The Measures voted upon; (4) For what office each person was voted for; (5) The total number of votes at each precinct to each person, and for and against the measure; (6) The total number of votes given to each person, and for and against the measure.
SECTION 6. The City Clerk shall immediately make and deliver to each of the persons so elected, a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk s hall also administer to each person elected, the Oath of Office 16 Resolution No. 2022-xx Page 4 of 5
prescribed in the Constitution of the State of California, and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall be inducted into the respective office to which they have been elected.
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 17 Resolution No. 2022-xx Page 5 of 5
PASSED AND ADOPTED this 6th day of December, 2022.
_____________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________ ___________________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN , City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2022- xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 6
th day of December, 2022, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 7
th day of December, 2022.
_________________________________
Brenda Green, City Clerk
18 19
20 Vote Center Totals
District
Registration
Ballots Cast
Turnout (%)
Yes
No
Orange County 61,564 6,068 9.9 2,209 3,563
Orange County 61,564 6,068 9.9 2,209 3,563
47th Congressional District 61,564 6,068 9.9 2,209 3,563 37th Senate District 61,564 6,068 9.9 2,209 3,563
73rd Assembly District 61,564 6,068 9.9 2,209 3,563
5th Supervisorial District 61,564 6,068 9.9 2,209 3,563 Costa Mesa 61,564 6,068 9.9 2,209 3,563
Costa Mesa Ward Division 1 12,293 1,368 11.1 411 903
Costa Mesa Ward Division 2 10,411 906 8.7 368 499
Costa Mesa Ward Division 3 10,252 956 9.3 331 567
Costa Mesa Ward Division 4 6,258 423 6.8 216 181
Costa Mesa Ward Division 5 10,294 1,049 10.2 404 599
Costa Mesa Ward Division 6 12,056 1,366 11.3 479 814
State Board of Equalization
(4th District)
61,564 6,068 9.9 2,209 3,563
County Board of Education
Trustee Area 2
61,564 6,068 9.9 2,209 3,563
Coast Community College
District
61,269 6,051 9.9 2,201 3,554
Coast Community College
District Trustee Area 4
28,477 2,755 9.7 987 1,642
Coast Community College
District Trustee Area 5
32,792 3,296 10.1 1,214 1,912
Rancho Santiago Community
College District
295 17 5.8 8 9
Rancho Santiago Community
College District Trustee Area 1
295 17 5.8 8 9
Newport-Mesa Unified School
District
61,269 6,051 9.9 2,201 3,554
Newport-Mesa Unified School
District Trustee Area 1
16,396 1,731 10.6 564 1,090
Newport-Mesa Unified School
District Trustee Area 2
16,429 1,490 9.1 538 877
Newport-Mesa Unified School
District Trustee Area 3
3,912 357 9.1 129 203
Newport-Mesa Unified School
District Trustee Area 6
12,796 1,421 11.1 511 838
Newport-Mesa Unified School
District Trustee Area 7
11,736 1,052 9.0 459 546
Santa Ana Unified School
District
295 17 5.8 8 9
Santa Ana Unified School
District Trustee Area 5
295 17 5.8 8 9
Municipal Water District Of
Orange County
61,564 6,068 9.9 2,209 3,563
Municipal Water District of
Orange County Div 4
61,564 6,068 9.9 2,209 3,563
Orange County Water District 61,564 6,068 9.9 2,209 3,563 Orange County Water District
Division 6
0 0 0.0 0 0
Orange County Water District
Division 7
61,564 6,068 9.9 2,209 3,563
Mesa Water District 56,560 5,607 9.9 2,040 3,299
Mesa Water District Division 1 8,846 890 10.1 334 518
Mesa Water District Division 2 11,675 1,218 10.4 375 798 Mesa Water District Division 3 12,881 1,161 9.0 459 644 Mesa Water District Division 4 10,622 955 9.0 351 550
Mesa Water District Division 5 12,536 1,383 11.0 521 789 Irvine Ranch Water District 5,005 461 9.2 169 264
Irvine Ranch Water Dist - Div 4 0 0 0.0 0 0
Irvine Ranch Water Dist - Div 5 5,005 461 9.2 169 264
Costa Mesa Sanitary District 61,564 6,068 9.9 2,209 3,563 Costa Mesa Sanitary Dist - Div
1 13,910 1,407 10.1 410 946
12/02/2022 3:07 PM Page 3871District Results Report - November 08, 2022 K-City of Costa Mesa
21 Vote Center Totals
District
Registration
Ballots Cast
Turnout (%)
Yes
No
Costa Mesa Sanitary Dist - Div
2 12,424 1,132 9.1 446 623
Costa Mesa Sanitary Dist - Div
3 10,980 971 8.8 452 461
Costa Mesa Sanitary Dist - Div
4 10,821 1,090 10.1 382 665
Costa Mesa Sanitary Dist - Div
5 13,429 1,468 10.9 519 868
Historical 2010 - 48th
Congressional District
61,564 6,068 9.9 2,209 3,563
Historical 2010 - 37th Senate
District
61,564 6,068 9.9 2,209 3,563
Historical 2010 - 74th
Assembly District
61,564 6,068 9.9 2,209 3,563
Historical 2010 - State Board of
Equalization (4th District)
61,564 6,068 9.9 2,209 3,563
Historical 2010 - 2nd
Supervisorial District
61,564 6,068 9.9 2,209 3,563
Historical 2010 - County Board
of Education Trustee Area 2
61,209 6,034 9.9 2,200 3,540
Historical 2010 - County Board
of Education Trustee Area 5
355 34 9.6 9 23
Vote Center Totals 61,564 6,068 9.9 2,209 3,563
12/02/2022 3:07 PM Page 3872District Results Report - November 08, 2022 K-City of Costa Mesa
22 Vote by Mail
Totals
District
Registration
Ballots Cast
Turnout (%)
Yes
No
Orange County 61,564 28,571 46.4 14274 12898
Orange County 61,564 28,571 46.4 14274 12898
47th Congressional District 61,564 28,571 46.4 14274 12898 37th Senate District 61,564 28,571 46.4 14274 12898
73rd Assembly District 61,564 28,571 46.4 14274 12898
5th Supervisorial District 61,564 28,571 46.4 14274 12898 Costa Mesa 61,564 28,571 46.4 14274 12898
Costa Mesa Ward Division 1 12,293 6,379 51.9 2751 3319
Costa Mesa Ward Division 2 10,411 4,548 43.7 2431 1876
Costa Mesa Ward Division 3 10,252 4,793 46.8 2377 2211
Costa Mesa Ward Division 4 6,258 2,070 33.1 1291 687
Costa Mesa Ward Division 5 10,294 4,616 44.8 2378 2003
Costa Mesa Ward Division 6 12,056 6,165 51.1 3046 2802
State Board of Equalization
(4th District)
61,564 28,571 46.4 14274 12898
County Board of Education
Trustee Area 2
61,564 28,571 46.4 14274 12898
Coast Community College
District
61,269 28,479 46.5 14207 12878
Coast Community College
District Trustee Area 4
28,477 13,045 45.8 6419 6011
Coast Community College
District Trustee Area 5
32,792 15,434 47.1 7788 6867
Rancho Santiago Community
College District
295 92 31.2 67 20
Rancho Santiago Community
College District Trustee Area 1
295 92 31.2 67 20
Newport-Mesa Unified School
District
61,269 28,479 46.5 14207 12878
Newport-Mesa Unified School
District Trustee Area 1
16,396 7,932 48.4 3674 3873
Newport-Mesa Unified School
District Trustee Area 2
16,429 7,751 47.2 3881 3489
Newport-Mesa Unified School
District Trustee Area 3
3,912 2,022 51.7 1049 879
Newport-Mesa Unified School
District Trustee Area 6
12,796 6,169 48.2 3072 2784
Newport-Mesa Unified School
District Trustee Area 7
11,736 4,605 39.2 2531 1853
Santa Ana Unified School
District
295 92 31.2 67 20
Santa Ana Unified School
District Trustee Area 5
295 92 31.2 67 20
Municipal Water District Of
Orange County
61,564 28,571 46.4 14274 12898
Municipal Water District of
Orange County Div 4
61,564 28,571 46.4 14274 12898
Orange County Water District 61,564 28,571 46.4 14274 12898 Orange County Water District
Division 6
0 0 0.0 0 0
Orange County Water District
Division 7
61,564 28,571 46.4 14274 12898
Mesa Water District 56,560 26,037 46.0 12995 11765
Mesa Water District Division 1 8,846 3,866 43.7 1946 1724 Mesa Water District Division 2 11,675 5,782 49.5 2565 2940 Mesa Water District Division 3 12,881 5,691 44.2 2940 2453 Mesa Water District Division 4 10,622 4,747 44.7 2486 2046 Mesa Water District Division 5 12,536 5,951 47.5 3058 2602 Irvine Ranch Water District 5,005 2,534 50.6 1279 1133
Irvine Ranch Water Dist - Div 4 0 0 0.0 0 0
Irvine Ranch Water Dist - Div 5 5,005 2,534 50.6 1279 1133 Costa Mesa Sanitary District 61,564 28,571 46.4 14274 12898 Costa Mesa Sanitary Dist - Div
1 13,910 6,935 49.9 3137 3509
12/02/2022 3:07 PM Page 3873District Results Report - November 08, 2022 K-City of Costa Mesa
23 Vote by Mail
Totals
District
Registration
Ballots Cast
Turnout (%)
Yes
No
Costa Mesa Sanitary Dist - Div
2 12,424 5,848 47.1 3008 2535
Costa Mesa Sanitary Dist - Div
3 10,980 4,361 39.7 2419 1713
Costa Mesa Sanitary Dist - Div
4 10,821 4,892 45.2 2446 2204
Costa Mesa Sanitary Dist - Div
5 13,429 6,535 48.7 3264 2937
Historical 2010 - 48th
Congressional District
61,564 28,571 46.4 14274 12898
Historical 2010 - 37th Senate
District
61,564 28,571 46.4 14274 12898
Historical 2010 - 74th
Assembly District
61,564 28,571 46.4 14274 12898
Historical 2010 - State Board of
Equalization (4th District)
61,564 28,571 46.4 14274 12898
Historical 2010 - 2nd
Supervisorial District
61,564 28,571 46.4 14274 12898
Historical 2010 - County Board
of Education Trustee Area 2
61,209 28,361 46.3 14186 12790
Historical 2010 - County Board
of Education Trustee Area 5
355 210 59.2 88 108
Vote by Mail Totals 61,564 28,571 46.4 14,274 12,898
12/02/2022 3:07 PM Page 3874District Results Report - November 08, 2022 K-City of Costa Mesa
24 Grand Totals
District
Registration
Ballots Cast
Turnout (%)
Yes
No
Orange County 61,564 34,639 56.3 16483 16461
Orange County 61,564 34,639 56.3 16483 16461
47th Congressional District 61,564 34,639 56.3 16483 16461 37th Senate District 61,564 34,639 56.3 16483 16461
73rd Assembly District 61,564 34,639 56.3 16483 16461
5th Supervisorial District 61,564 34,639 56.3 16483 16461 Costa Mesa 61,564 34,639 56.3 16483 16461
Costa Mesa Ward Division 1 12,293 7,747 63.0 3162 4222
Costa Mesa Ward Division 2 10,411 5,454 52.4 2799 2375
Costa Mesa Ward Division 3 10,252 5,749 56.1 2708 2778
Costa Mesa Ward Division 4 6,258 2,493 39.8 1507 868
Costa Mesa Ward Division 5 10,294 5,665 55.0 2782 2602
Costa Mesa Ward Division 6 12,056 7,531 62.5 3525 3616
State Board of Equalization
(4th District)
61,564 34,639 56.3 16483 16461
County Board of Education
Trustee Area 2
61,564 34,639 56.3 16483 16461
Coast Community College
District
61,269 34,530 56.4 16408 16432
Coast Community College
District Trustee Area 4
28,477 15,800 55.5 7406 7653
Coast Community College
District Trustee Area 5
32,792 18,730 57.1 9002 8779
Rancho Santiago Community
College District
295 109 36.9 75 29
Rancho Santiago Community
College District Trustee Area 1
295 109 36.9 75 29
Newport-Mesa Unified School
District
61,269 34,530 56.4 16408 16432
Newport-Mesa Unified School
District Trustee Area 1
16,396 9,663 58.9 4238 4963
Newport-Mesa Unified School
District Trustee Area 2
16,429 9,241 56.2 4419 4366
Newport-Mesa Unified School
District Trustee Area 3
3,912 2,379 60.8 1178 1082
Newport-Mesa Unified School
District Trustee Area 6
12,796 7,590 59.3 3583 3622
Newport-Mesa Unified School
District Trustee Area 7
11,736 5,657 48.2 2990 2399
Santa Ana Unified School
District
295 109 36.9 75 29
Santa Ana Unified School
District Trustee Area 5
295 109 36.9 75 29
Municipal Water District Of
Orange County
61,564 34,639 56.3 16483 16461
Municipal Water District of
Orange County Div 4
61,564 34,639 56.3 16483 16461
Orange County Water District 61,564 34,639 56.3 16483 16461 Orange County Water District
Division 6
0 0 0.0 0 0
Orange County Water District
Division 7
61,564 34,639 56.3 16483 16461
Mesa Water District 56,560 31,644 55.9 15035 15064
Mesa Water District Division 1 8,846 4,756 53.8 2280 2242 Mesa Water District Division 2 11,675 7,000 60.0 2940 3738 Mesa Water District Division 3 12,881 6,852 53.2 3399 3097 Mesa Water District Division 4 10,622 5,702 53.7 2837 2596 Mesa Water District Division 5 12,536 7,334 58.5 3579 3391 Irvine Ranch Water District 5,005 2,995 59.8 1448 1397
Irvine Ranch Water Dist - Div 4 0 0 0.0 0 0
Irvine Ranch Water Dist - Div 5 5,005 2,995 59.8 1448 1397 Costa Mesa Sanitary District 61,564 34,639 56.3 16483 16461 Costa Mesa Sanitary Dist - Div
1 13,910 8,342 60.0 3547 4455
12/02/2022 3:07 PM Page 3875District Results Report - November 08, 2022 K-City of Costa Mesa
25 Grand Totals
District
Registration
Ballots Cast
Turnout (%)
Yes
No
Costa Mesa Sanitary Dist - Div
2 12,424 6,980 56.2 3454 3158
Costa Mesa Sanitary Dist - Div
3 10,980 5,332 48.6 2871 2174
Costa Mesa Sanitary Dist - Div
4 10,821 5,982 55.3 2828 2869
Costa Mesa Sanitary Dist - Div
5 13,429 8,003 59.6 3783 3805
Historical 2010 - 48th
Congressional District
61,564 34,639 56.3 16483 16461
Historical 2010 - 37th Senate
District
61,564 34,639 56.3 16483 16461
Historical 2010 - 74th
Assembly District
61,564 34,639 56.3 16483 16461
Historical 2010 - State Board of
Equalization (4th District)
61,564 34,639 56.3 16483 16461
Historical 2010 - 2nd
Supervisorial District
61,564 34,639 56.3 16483 16461
Historical 2010 - County Board
of Education Trustee Area 2
61,209 34,395 56.2 16386 16330
Historical 2010 - County Board
of Education Trustee Area 5
355 244 68.7 97 131
Vote Center Totals 61,564 6,068 9.9 2,209 3,563
Vote by Mail Totals 61,564 28,571 46.4 14,274 12,898
Grand Totals 61,564 34,639 56.3 16,483 16,461
12/02/2022 3:07 PM Page 3876District Results Report - November 08, 2022 K-City of Costa Mesa
26 Vote Center Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN STEPHENS
JOHN M. W. MOORLACH
Orange County 61,564 6,068 9.9 2,012 3,468
Orange County 61,564 6,068 9.9 2,012 3,468
47th Congressional District 61,564 6,068 9.9 2,012 3,468 37th Senate District 61,564 6,068 9.9 2,012 3,468
73rd Assembly District 61,564 6,068 9.9 2,012 3,468
5th Supervisorial District 61,564 6,068 9.9 2,012 3,468 Costa Mesa 61,564 6,068 9.9 2,012 3,468
Costa Mesa Ward Division 1 12,293 1,368 11.1 373 909
Costa Mesa Ward Division 2 10,411 906 8.7 355 442
Costa Mesa Ward Division 3 10,252 956 9.3 308 553
Costa Mesa Ward Division 4 6,258 423 6.8 209 159
Costa Mesa Ward Division 5 10,294 1,049 10.2 334 610
Costa Mesa Ward Division 6 12,056 1,366 11.3 433 795
State Board of Equalization
(4th District)
61,564 6,068 9.9 2,012 3,468
County Board of Education
Trustee Area 2
61,564 6,068 9.9 2,012 3,468
Coast Community College
District
61,269 6,051 9.9 2,004 3,461
Coast Community College
District Trustee Area 4
28,477 2,755 9.7 931 1,602
Coast Community College
District Trustee Area 5
32,792 3,296 10.1 1,073 1,859
Rancho Santiago Community
College District
295 17 5.8 8 7
Rancho Santiago Community
College District Trustee Area 1
295 17 5.8 8 7
Newport-Mesa Unified School
District
61,269 6,051 9.9 2,004 3,461
Newport-Mesa Unified School
District Trustee Area 1
16,396 1,731 10.6 548 1,061
Newport-Mesa Unified School
District Trustee Area 2
16,429 1,490 9.1 482 845
Newport-Mesa Unified School
District Trustee Area 3
3,912 357 9.1 108 203
Newport-Mesa Unified School
District Trustee Area 6
12,796 1,421 11.1 462 822
Newport-Mesa Unified School
District Trustee Area 7
11,736 1,052 9.0 404 530
Santa Ana Unified School
District
295 17 5.8 8 7
Santa Ana Unified School
District Trustee Area 5
295 17 5.8 8 7
Municipal Water District Of
Orange County
61,564 6,068 9.9 2,012 3,468
Municipal Water District of
Orange County Div 4
61,564 6,068 9.9 2,012 3,468
Orange County Water District 61,564 6,068 9.9 2,012 3,468 Orange County Water District
Division 6
0 0 0.0 0 0
Orange County Water District
Division 7
61,564 6,068 9.9 2,012 3,468
Mesa Water District 56,560 5,607 9.9 1,864 3,209
Mesa Water District Division 1 8,846 890 10.1 280 516
Mesa Water District Division 2 11,675 1,218 10.4 377 776 Mesa Water District Division 3 12,881 1,161 9.0 405 620 Mesa Water District Division 4 10,622 955 9.0 321 537
Mesa Water District Division 5 12,536 1,383 11.0 481 760 Irvine Ranch Water District 5,005 461 9.2 148 259
Irvine Ranch Water Dist - Div 4 0 0 0.0 0 0
Irvine Ranch Water Dist - Div 5 5,005 461 9.2 148 259
Costa Mesa Sanitary District 61,564 6,068 9.9 2,012 3,468 Costa Mesa Sanitary Dist - Div
1 13,910 1,407 10.1 446 867
12/02/2022 3:07 PM Page 2815District Results Report - November 08, 2022 CITY OF COSTA MESA Mayor
27 Vote Center Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN STEPHENS
JOHN M. W. MOORLACH
Costa Mesa Sanitary Dist - Div
2 12,424 1,132 9.1 360 631
Costa Mesa Sanitary Dist - Div
3 10,980 971 8.8 394 465
Costa Mesa Sanitary Dist - Div
4 10,821 1,090 10.1 339 650
Costa Mesa Sanitary Dist - Div
5 13,429 1,468 10.9 473 855
Historical 2010 - 48th
Congressional District
61,564 6,068 9.9 2,012 3,468
Historical 2010 - 37th Senate
District
61,564 6,068 9.9 2,012 3,468
Historical 2010 - 74th
Assembly District
61,564 6,068 9.9 2,012 3,468
Historical 2010 - State Board of
Equalization (4th District)
61,564 6,068 9.9 2,012 3,468
Historical 2010 - 2nd
Supervisorial District
61,564 6,068 9.9 2,012 3,468
Historical 2010 - County Board
of Education Trustee Area 2
61,209 6,034 9.9 2,006 3,442
Historical 2010 - County Board
of Education Trustee Area 5
355 34 9.6 6 26
Vote Center Totals 61,564 6,068 9.9 2,012 3,468
12/02/2022 3:07 PM Page 2816District Results Report - November 08, 2022 CITY OF COSTA MESA Mayor
28 Vote by Mail
Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN STEPHENS
JOHN M. W. MOORLACH
Orange County 61,564 28,571 46.4 15285 10868
Orange County 61,564 28,571 46.4 15285 10868
47th Congressional District 61,564 28,571 46.4 15285 10868 37th Senate District 61,564 28,571 46.4 15285 10868
73rd Assembly District 61,564 28,571 46.4 15285 10868
5th Supervisorial District 61,564 28,571 46.4 15285 10868 Costa Mesa 61,564 28,571 46.4 15285 10868
Costa Mesa Ward Division 1 12,293 6,379 51.9 3054 2880
Costa Mesa Ward Division 2 10,411 4,548 43.7 2574 1533
Costa Mesa Ward Division 3 10,252 4,793 46.8 2552 1844
Costa Mesa Ward Division 4 6,258 2,070 33.1 1371 530
Costa Mesa Ward Division 5 10,294 4,616 44.8 2634 1542
Costa Mesa Ward Division 6 12,056 6,165 51.1 3100 2539
State Board of Equalization
(4th District)
61,564 28,571 46.4 15285 10868
County Board of Education
Trustee Area 2
61,564 28,571 46.4 15285 10868
Coast Community College
District
61,269 28,479 46.5 15223 10849
Coast Community College
District Trustee Area 4
28,477 13,045 45.8 7069 4963
Coast Community College
District Trustee Area 5
32,792 15,434 47.1 8154 5886
Rancho Santiago Community
College District
295 92 31.2 62 19
Rancho Santiago Community
College District Trustee Area 1
295 92 31.2 62 19
Newport-Mesa Unified School
District
61,269 28,479 46.5 15223 10849
Newport-Mesa Unified School
District Trustee Area 1
16,396 7,932 48.4 4057 3291
Newport-Mesa Unified School
District Trustee Area 2
16,429 7,751 47.2 4203 2860
Newport-Mesa Unified School
District Trustee Area 3
3,912 2,022 51.7 1052 793
Newport-Mesa Unified School
District Trustee Area 6
12,796 6,169 48.2 3175 2468
Newport-Mesa Unified School
District Trustee Area 7
11,736 4,605 39.2 2736 1437
Santa Ana Unified School
District
295 92 31.2 62 19
Santa Ana Unified School
District Trustee Area 5
295 92 31.2 62 19
Municipal Water District Of
Orange County
61,564 28,571 46.4 15285 10868
Municipal Water District of
Orange County Div 4
61,564 28,571 46.4 15285 10868
Orange County Water District 61,564 28,571 46.4 15285 10868 Orange County Water District
Division 6
0 0 0.0 0 0
Orange County Water District
Division 7
61,564 28,571 46.4 15285 10868
Mesa Water District 56,560 26,037 46.0 13981 9858
Mesa Water District Division 1 8,846 3,866 43.7 2203 1314 Mesa Water District Division 2 11,675 5,782 49.5 2838 2541 Mesa Water District Division 3 12,881 5,691 44.2 3136 2037 Mesa Water District Division 4 10,622 4,747 44.7 2677 1642 Mesa Water District Division 5 12,536 5,951 47.5 3127 2324 Irvine Ranch Water District 5,005 2,534 50.6 1304 1010
Irvine Ranch Water Dist - Div 4 0 0 0.0 0 0
Irvine Ranch Water Dist - Div 5 5,005 2,534 50.6 1304 1010 Costa Mesa Sanitary District 61,564 28,571 46.4 15285 10868 Costa Mesa Sanitary Dist - Div
1 13,910 6,935 49.9 3648 2776
12/02/2022 3:07 PM Page 2817District Results Report - November 08, 2022 CITY OF COSTA MESA Mayor
29 Vote by Mail
Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN STEPHENS
JOHN M. W. MOORLACH
Costa Mesa Sanitary Dist - Div
2 12,424 5,848 47.1 3092 2214
Costa Mesa Sanitary Dist - Div
3 10,980 4,361 39.7 2469 1494
Costa Mesa Sanitary Dist - Div
4 10,821 4,892 45.2 2718 1766
Costa Mesa Sanitary Dist - Div
5 13,429 6,535 48.7 3358 2618
Historical 2010 - 48th
Congressional District
61,564 28,571 46.4 15285 10868
Historical 2010 - 37th Senate
District
61,564 28,571 46.4 15285 10868
Historical 2010 - 74th
Assembly District
61,564 28,571 46.4 15285 10868
Historical 2010 - State Board of
Equalization (4th District)
61,564 28,571 46.4 15285 10868
Historical 2010 - 2nd
Supervisorial District
61,564 28,571 46.4 15285 10868
Historical 2010 - County Board
of Education Trustee Area 2
61,209 28,361 46.3 15200 10760
Historical 2010 - County Board
of Education Trustee Area 5
355 210 59.2 85 108
Vote by Mail Totals 61,564 28,571 46.4 15,285 10,868
12/02/2022 3:07 PM Page 2818District Results Report - November 08, 2022 CITY OF COSTA MESA Mayor
30 Grand Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN STEPHENS
JOHN M. W. MOORLACH
Orange County 61,564 34,639 56.3 17297 14336
Orange County 61,564 34,639 56.3 17297 14336
47th Congressional District 61,564 34,639 56.3 17297 14336 37th Senate District 61,564 34,639 56.3 17297 14336
73rd Assembly District 61,564 34,639 56.3 17297 14336
5th Supervisorial District 61,564 34,639 56.3 17297 14336 Costa Mesa 61,564 34,639 56.3 17297 14336
Costa Mesa Ward Division 1 12,293 7,747 63.0 3427 3789
Costa Mesa Ward Division 2 10,411 5,454 52.4 2929 1975
Costa Mesa Ward Division 3 10,252 5,749 56.1 2860 2397
Costa Mesa Ward Division 4 6,258 2,493 39.8 1580 689
Costa Mesa Ward Division 5 10,294 5,665 55.0 2968 2152
Costa Mesa Ward Division 6 12,056 7,531 62.5 3533 3334
State Board of Equalization
(4th District)
61,564 34,639 56.3 17297 14336
County Board of Education
Trustee Area 2
61,564 34,639 56.3 17297 14336
Coast Community College
District
61,269 34,530 56.4 17227 14310
Coast Community College
District Trustee Area 4
28,477 15,800 55.5 8000 6565
Coast Community College
District Trustee Area 5
32,792 18,730 57.1 9227 7745
Rancho Santiago Community
College District
295 109 36.9 70 26
Rancho Santiago Community
College District Trustee Area 1
295 109 36.9 70 26
Newport-Mesa Unified School
District
61,269 34,530 56.4 17227 14310
Newport-Mesa Unified School
District Trustee Area 1
16,396 9,663 58.9 4605 4352
Newport-Mesa Unified School
District Trustee Area 2
16,429 9,241 56.2 4685 3705
Newport-Mesa Unified School
District Trustee Area 3
3,912 2,379 60.8 1160 996
Newport-Mesa Unified School
District Trustee Area 6
12,796 7,590 59.3 3637 3290
Newport-Mesa Unified School
District Trustee Area 7
11,736 5,657 48.2 3140 1967
Santa Ana Unified School
District
295 109 36.9 70 26
Santa Ana Unified School
District Trustee Area 5
295 109 36.9 70 26
Municipal Water District Of
Orange County
61,564 34,639 56.3 17297 14336
Municipal Water District of
Orange County Div 4
61,564 34,639 56.3 17297 14336
Orange County Water District 61,564 34,639 56.3 17297 14336 Orange County Water District
Division 6
0 0 0.0 0 0
Orange County Water District
Division 7
61,564 34,639 56.3 17297 14336
Mesa Water District 56,560 31,644 55.9 15845 13067
Mesa Water District Division 1 8,846 4,756 53.8 2483 1830 Mesa Water District Division 2 11,675 7,000 60.0 3215 3317 Mesa Water District Division 3 12,881 6,852 53.2 3541 2657 Mesa Water District Division 4 10,622 5,702 53.7 2998 2179 Mesa Water District Division 5 12,536 7,334 58.5 3608 3084 Irvine Ranch Water District 5,005 2,995 59.8 1452 1269
Irvine Ranch Water Dist - Div 4 0 0 0.0 0 0
Irvine Ranch Water Dist - Div 5 5,005 2,995 59.8 1452 1269 Costa Mesa Sanitary District 61,564 34,639 56.3 17297 14336 Costa Mesa Sanitary Dist - Div
1 13,910 8,342 60.0 4094 3643
12/02/2022 3:07 PM Page 2819District Results Report - November 08, 2022 CITY OF COSTA MESA Mayor
31 Grand Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN STEPHENS
JOHN M. W. MOORLACH
Costa Mesa Sanitary Dist - Div
2 12,424 6,980 56.2 3452 2845
Costa Mesa Sanitary Dist - Div
3 10,980 5,332 48.6 2863 1959
Costa Mesa Sanitary Dist - Div
4 10,821 5,982 55.3 3057 2416
Costa Mesa Sanitary Dist - Div
5 13,429 8,003 59.6 3831 3473
Historical 2010 - 48th
Congressional District
61,564 34,639 56.3 17297 14336
Historical 2010 - 37th Senate
District
61,564 34,639 56.3 17297 14336
Historical 2010 - 74th
Assembly District
61,564 34,639 56.3 17297 14336
Historical 2010 - State Board of
Equalization (4th District)
61,564 34,639 56.3 17297 14336
Historical 2010 - 2nd
Supervisorial District
61,564 34,639 56.3 17297 14336
Historical 2010 - County Board
of Education Trustee Area 2
61,209 34,395 56.2 17206 14202
Historical 2010 - County Board
of Education Trustee Area 5
355 244 68.7 91 134
Vote Center Totals 61,564 6,068 9.9 2,012 3,468
Vote by Mail Totals 61,564 28,571 46.4 15,285 10,868
Grand Totals 61,564 34,639 56.3 17,297 14,336
12/02/2022 3:07 PM Page 2820District Results Report - November 08, 2022 CITY OF COSTA MESA Mayor
32 Vote Center Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN THOMAS PATTON
JORGE MIRON
ANDREA MARR
Orange County 10,252 956 9.3 526 102 186
Orange County 10,252 956 9.3 526 102 186
47th Congressional District 10,252 956 9.3 526 102 186
37th Senate District 10,252 956 9.3 526 102 186
73rd Assembly District 10,252 956 9.3 526 102 186
5th Supervisorial District 10,252 956 9.3 526 102 186
Costa Mesa 10,252 956 9.3 526 102 186
Costa Mesa Ward Division 3 10,252 956 9.3 526 102 186
State Board of Equalization
(4th District)
10,252 956 9.3 526 102 186
County Board of Education
Trustee Area 2
10,252 956 9.3 526 102 186
Coast Community College
District
10,165 952 9.4 523 101 186
Coast Community College
District Trustee Area 4
3,732 322 8.6 167 40 66
Coast Community College
District Trustee Area 5
6,433 630 9.8 356 61 120
Rancho Santiago Community
College District
87 4 4.6 3 1 0
Rancho Santiago Community
College District Trustee Area 1
87 4 4.6 3 1 0
Newport-Mesa Unified School
District
10,165 952 9.4 523 101 186
Newport-Mesa Unified School
District Trustee Area 1
999 68 6.8 23 14 17
Newport-Mesa Unified School
District Trustee Area 2
6,549 637 9.7 365 68 116
Newport-Mesa Unified School
District Trustee Area 3
1,663 157 9.4 80 10 37
Newport-Mesa Unified School
District Trustee Area 6
954 90 9.4 55 9 16
Santa Ana Unified School
District
87 4 4.6 3 1 0
Santa Ana Unified School
District Trustee Area 5
87 4 4.6 3 1 0
Municipal Water District Of
Orange County
10,252 956 9.3 526 102 186
Municipal Water District of
Orange County Div 4
10,252 956 9.3 526 102 186
Orange County Water District 10,252 956 9.3 526 102 186 Orange County Water District
Division 7
10,252 956 9.3 526 102 186
Mesa Water District 7,967 743 9.3 408 89 141
Mesa Water District Division 2 416 24 5.8 10 4 8
Mesa Water District Division 3 583 44 7.5 13 10 9
Mesa Water District Division 4 6,557 635 9.7 365 69 115 Mesa Water District Division 5 411 40 9.7 20 6 9
Irvine Ranch Water District 2,286 213 9.3 118 13 45
Irvine Ranch Water Dist - Div 5 2,286 213 9.3 118 13 45 Costa Mesa Sanitary District 10,252 956 9.3 526 102 186 Costa Mesa Sanitary Dist - Div
1 2,333 225 9.6 141 20 38
Costa Mesa Sanitary Dist - Div
2 2,956 290 9.8 159 27 58
Costa Mesa Sanitary Dist - Div
3 2,234 194 8.7 79 30 45
Costa Mesa Sanitary Dist - Div
5 2,729 247 9.1 147 25 45
Historical 2010 - 48th
Congressional District
10,252 956 9.3 526 102 186
Historical 2010 - 37th Senate
District
10,252 956 9.3 526 102 186
Historical 2010 - 74th
Assembly District
10,252 956 9.3 526 102 186
12/02/2022 3:07 PM Page 2822District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 3
33 Vote Center Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN THOMAS PATTON
JORGE MIRON
ANDREA MARR
Historical 2010 - State Board of
Equalization (4th District)
10,252 956 9.3 526 102 186
Historical 2010 - 2nd
Supervisorial District
10,252 956 9.3 526 102 186
Historical 2010 - County Board
of Education Trustee Area 2
10,252 956 9.3 526 102 186
Vote Center Totals 10,252 956 9.3 526 102 186
12/02/2022 3:07 PM Page 2823District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 3
34 Vote by Mail
Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN THOMAS PATTON
JORGE MIRON
ANDREA MARR
Orange County 10,252 4,793 46.8 1616 549 2034
Orange County 10,252 4,793 46.8 1616 549 2034
47th Congressional District 10,252 4,793 46.8 1616 549 2034 37th Senate District 10,252 4,793 46.8 1616 549 2034
73rd Assembly District 10,252 4,793 46.8 1616 549 2034
5th Supervisorial District 10,252 4,793 46.8 1616 549 2034 Costa Mesa 10,252 4,793 46.8 1616 549 2034
Costa Mesa Ward Division 3 10,252 4,793 46.8 1616 549 2034 State Board of Equalization
(4th District)
10,252 4,793 46.8 1616 549 2034
County Board of Education
Trustee Area 2
10,252 4,793 46.8 1616 549 2034
Coast Community College
District
10,165 4,763 46.9 1608 544 2022
Coast Community College
District Trustee Area 4
3,732 1,712 45.9 541 199 743
Coast Community College
District Trustee Area 5
6,433 3,051 47.4 1067 345 1279
Rancho Santiago Community
College District
87 30 34.5 8 5 12
Rancho Santiago Community
College District Trustee Area 1
87 30 34.5 8 5 12
Newport-Mesa Unified School
District
10,165 4,763 46.9 1608 544 2022
Newport-Mesa Unified School
District Trustee Area 1
999 298 29.8 76 56 120
Newport-Mesa Unified School
District Trustee Area 2
6,549 3,214 49.1 1107 352 1391
Newport-Mesa Unified School
District Trustee Area 3
1,663 816 49.1 281 89 324
Newport-Mesa Unified School
District Trustee Area 6
954 435 45.6 144 47 187
Santa Ana Unified School
District
87 30 34.5 8 5 12
Santa Ana Unified School
District Trustee Area 5
87 30 34.5 8 5 12
Municipal Water District Of
Orange County
10,252 4,793 46.8 1616 549 2034
Municipal Water District of
Orange County Div 4
10,252 4,793 46.8 1616 549 2034
Orange County Water District 10,252 4,793 46.8 1616 549 2034 Orange County Water District
Division 7
10,252 4,793 46.8 1616 549 2034
Mesa Water District 7,967 3,688 46.3 1232 435 1581
Mesa Water District Division 2 416 153 36.8 37 29 60
Mesa Water District Division 3 583 145 24.9 39 27 60
Mesa Water District Division 4 6,557 3,208 48.9 1100 353 1389 Mesa Water District Division 5 411 182 44.3 56 26 72
Irvine Ranch Water District 2,286 1,105 48.3 384 114 453 Irvine Ranch Water Dist - Div 5 2,286 1,105 48.3 384 114 453 Costa Mesa Sanitary District 10,252 4,793 46.8 1616 549 2034 Costa Mesa Sanitary Dist - Div
1 2,333 1,171 50.2 436 130 510
Costa Mesa Sanitary Dist - Div
2 2,956 1,386 46.9 476 148 559
Costa Mesa Sanitary Dist - Div
3 2,234 837 37.5 236 124 353
Costa Mesa Sanitary Dist - Div
5 2,729 1,399 51.3 468 147 612
Historical 2010 - 48th
Congressional District
10,252 4,793 46.8 1616 549 2034
Historical 2010 - 37th Senate
District
10,252 4,793 46.8 1616 549 2034
Historical 2010 - 74th
Assembly District
10,252 4,793 46.8 1616 549 2034
12/02/2022 3:07 PM Page 2824District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 3
35 Vote by Mail
Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN THOMAS PATTON
JORGE MIRON
ANDREA MARR
Historical 2010 - State Board of
Equalization (4th District)
10,252 4,793 46.8 1616 549 2034
Historical 2010 - 2nd
Supervisorial District
10,252 4,793 46.8 1616 549 2034
Historical 2010 - County Board
of Education Trustee Area 2
10,252 4,793 46.8 1616 549 2034
Vote by Mail Totals 10,252 4,793 46.8 1,616 549 2,034
12/02/2022 3:07 PM Page 2825District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 3
36 Grand Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN THOMAS PATTON
JORGE MIRON
ANDREA MARR
Orange County 10,252 5,749 56.1 2142 651 2220
Orange County 10,252 5,749 56.1 2142 651 2220
47th Congressional District 10,252 5,749 56.1 2142 651 2220 37th Senate District 10,252 5,749 56.1 2142 651 2220
73rd Assembly District 10,252 5,749 56.1 2142 651 2220
5th Supervisorial District 10,252 5,749 56.1 2142 651 2220 Costa Mesa 10,252 5,749 56.1 2142 651 2220
Costa Mesa Ward Division 3 10,252 5,749 56.1 2142 651 2220 State Board of Equalization
(4th District)
10,252 5,749 56.1 2142 651 2220
County Board of Education
Trustee Area 2
10,252 5,749 56.1 2142 651 2220
Coast Community College
District
10,165 5,715 56.2 2131 645 2208
Coast Community College
District Trustee Area 4
3,732 2,034 54.5 708 239 809
Coast Community College
District Trustee Area 5
6,433 3,681 57.2 1423 406 1399
Rancho Santiago Community
College District
87 34 39.1 11 6 12
Rancho Santiago Community
College District Trustee Area 1
87 34 39.1 11 6 12
Newport-Mesa Unified School
District
10,165 5,715 56.2 2131 645 2208
Newport-Mesa Unified School
District Trustee Area 1
999 366 36.6 99 70 137
Newport-Mesa Unified School
District Trustee Area 2
6,549 3,851 58.8 1472 420 1507
Newport-Mesa Unified School
District Trustee Area 3
1,663 973 58.5 361 99 361
Newport-Mesa Unified School
District Trustee Area 6
954 525 55.0 199 56 203
Santa Ana Unified School
District
87 34 39.1 11 6 12
Santa Ana Unified School
District Trustee Area 5
87 34 39.1 11 6 12
Municipal Water District Of
Orange County
10,252 5,749 56.1 2142 651 2220
Municipal Water District of
Orange County Div 4
10,252 5,749 56.1 2142 651 2220
Orange County Water District 10,252 5,749 56.1 2142 651 2220 Orange County Water District
Division 7
10,252 5,749 56.1 2142 651 2220
Mesa Water District 7,967 4,431 55.6 1640 524 1722
Mesa Water District Division 2 416 177 42.5 47 33 68
Mesa Water District Division 3 583 189 32.4 52 37 69
Mesa Water District Division 4 6,557 3,843 58.6 1465 422 1504 Mesa Water District Division 5 411 222 54.0 76 32 81
Irvine Ranch Water District 2,286 1,318 57.7 502 127 498 Irvine Ranch Water Dist - Div 5 2,286 1,318 57.7 502 127 498 Costa Mesa Sanitary District 10,252 5,749 56.1 2142 651 2220 Costa Mesa Sanitary Dist - Div
1 2,333 1,396 59.8 577 150 548
Costa Mesa Sanitary Dist - Div
2 2,956 1,676 56.7 635 175 617
Costa Mesa Sanitary Dist - Div
3 2,234 1,031 46.2 315 154 398
Costa Mesa Sanitary Dist - Div
5 2,729 1,646 60.3 615 172 657
Historical 2010 - 48th
Congressional District
10,252 5,749 56.1 2142 651 2220
Historical 2010 - 37th Senate
District
10,252 5,749 56.1 2142 651 2220
Historical 2010 - 74th
Assembly District
10,252 5,749 56.1 2142 651 2220
12/02/2022 3:07 PM Page 2826District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 3
37 Grand Totals
District
Registration
Ballots Cast
Turnout (%)
JOHN THOMAS PATTON
JORGE MIRON
ANDREA MARR
Historical 2010 - State Board of
Equalization (4th District)
10,252 5,749 56.1 2142 651 2220
Historical 2010 - 2nd
Supervisorial District
10,252 5,749 56.1 2142 651 2220
Historical 2010 - County Board
of Education Trustee Area 2
10,252 5,749 56.1 2142 651 2220
Vote Center Totals 10,252 956 9.3 526 102 186
Vote by Mail Totals 10,252 4,793 46.8 1,616 549 2,034
Grand Totals 10,252 5,749 56.1 2,142 651 2,220
12/02/2022 3:07 PM Page 2827District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 3
38 Vote Center Totals
District
Registration
Ballots Cast
Turnout (%)
MANUEL CHAVEZ
Orange County 6,258 423 6.8 269
Orange County 6,258 423 6.8 269
47th Congressional District 6,258 423 6.8 269
37th Senate District 6,258 423 6.8 269
73rd Assembly District 6,258 423 6.8 269
5th Supervisorial District 6,258 423 6.8 269
Costa Mesa 6,258 423 6.8 269
Costa Mesa Ward Division 4 6,258 423 6.8 269
State Board of Equalization
(4th District)
6,258 423 6.8 269
County Board of Education
Trustee Area 2
6,258 423 6.8 269
Coast Community College
District
6,258 423 6.8 269
Coast Community College
District Trustee Area 4
5,169 340 6.6 215
Coast Community College
District Trustee Area 5
1,089 83 7.6 54
Newport-Mesa Unified School
District
6,258 423 6.8 269
Newport-Mesa Unified School
District Trustee Area 1
625 39 6.2 27
Newport-Mesa Unified School
District Trustee Area 7
5,633 384 6.8 242
Municipal Water District Of
Orange County
6,258 423 6.8 269
Municipal Water District of
Orange County Div 4
6,258 423 6.8 269
Orange County Water District 6,258 423 6.8 269
Orange County Water District
Division 7
6,258 423 6.8 269
Mesa Water District 6,258 423 6.8 269
Mesa Water District Division 1 1,468 100 6.8 67
Mesa Water District Division 2 1,930 126 6.5 72
Mesa Water District Division 4 528 25 4.7 16
Mesa Water District Division 5 2,332 172 7.4 114
Costa Mesa Sanitary District 6,258 423 6.8 269
Costa Mesa Sanitary Dist - Div
3 3,206 215 6.7 130
Costa Mesa Sanitary Dist - Div
4 3,052 208 6.8 139
Historical 2010 - 48th
Congressional District
6,258 423 6.8 269
Historical 2010 - 37th Senate
District
6,258 423 6.8 269
Historical 2010 - 74th
Assembly District
6,258 423 6.8 269
Historical 2010 - State Board of
Equalization (4th District)
6,258 423 6.8 269
Historical 2010 - 2nd
Supervisorial District
6,258 423 6.8 269
Historical 2010 - County Board
of Education Trustee Area 2
6,258 423 6.8 269
Vote Center Totals 6,258 423 6.8 269
12/02/2022 3:07 PM Page 2829District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 4
39 Vote by Mail
Totals
District
Registration
Ballots Cast
Turnout (%)
MANUEL CHAVEZ
Orange County 6,258 2,070 33.1 1612
Orange County 6,258 2,070 33.1 1612
47th Congressional District 6,258 2,070 33.1 1612
37th Senate District 6,258 2,070 33.1 1612
73rd Assembly District 6,258 2,070 33.1 1612
5th Supervisorial District 6,258 2,070 33.1 1612
Costa Mesa 6,258 2,070 33.1 1612
Costa Mesa Ward Division 4 6,258 2,070 33.1 1612
State Board of Equalization
(4th District)
6,258 2,070 33.1 1612
County Board of Education
Trustee Area 2
6,258 2,070 33.1 1612
Coast Community College
District
6,258 2,070 33.1 1612
Coast Community College
District Trustee Area 4
5,169 1,785 34.5 1397
Coast Community College
District Trustee Area 5
1,089 285 26.2 215
Newport-Mesa Unified School
District
6,258 2,070 33.1 1612
Newport-Mesa Unified School
District Trustee Area 1
625 200 32.0 177
Newport-Mesa Unified School
District Trustee Area 7
5,633 1,870 33.2 1435
Municipal Water District Of
Orange County
6,258 2,070 33.1 1612
Municipal Water District of
Orange County Div 4
6,258 2,070 33.1 1612
Orange County Water District 6,258 2,070 33.1 1612
Orange County Water District
Division 7
6,258 2,070 33.1 1612
Mesa Water District 6,258 2,070 33.1 1612
Mesa Water District Division 1 1,468 384 26.2 287
Mesa Water District Division 2 1,930 651 33.7 515
Mesa Water District Division 4 528 176 33.3 143
Mesa Water District Division 5 2,332 859 36.8 667
Costa Mesa Sanitary District 6,258 2,070 33.1 1612
Costa Mesa Sanitary Dist - Div
3 3,206 1,127 35.2 886
Costa Mesa Sanitary Dist - Div
4 3,052 943 30.9 726
Historical 2010 - 48th
Congressional District
6,258 2,070 33.1 1612
Historical 2010 - 37th Senate
District
6,258 2,070 33.1 1612
Historical 2010 - 74th
Assembly District
6,258 2,070 33.1 1612
Historical 2010 - State Board of
Equalization (4th District)
6,258 2,070 33.1 1612
Historical 2010 - 2nd
Supervisorial District
6,258 2,070 33.1 1612
Historical 2010 - County Board
of Education Trustee Area 2
6,258 2,070 33.1 1612
Vote by Mail Totals 6,258 2,070 33.1 1,612
12/02/2022 3:07 PM Page 2830District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 4
40 Grand Totals
District
Registration
Ballots Cast
Turnout (%)
MANUEL CHAVEZ
Orange County 6,258 2,493 39.8 1881
Orange County 6,258 2,493 39.8 1881
47th Congressional District 6,258 2,493 39.8 1881
37th Senate District 6,258 2,493 39.8 1881
73rd Assembly District 6,258 2,493 39.8 1881
5th Supervisorial District 6,258 2,493 39.8 1881
Costa Mesa 6,258 2,493 39.8 1881
Costa Mesa Ward Division 4 6,258 2,493 39.8 1881
State Board of Equalization
(4th District)
6,258 2,493 39.8 1881
County Board of Education
Trustee Area 2
6,258 2,493 39.8 1881
Coast Community College
District
6,258 2,493 39.8 1881
Coast Community College
District Trustee Area 4
5,169 2,125 41.1 1612
Coast Community College
District Trustee Area 5
1,089 368 33.8 269
Newport-Mesa Unified School
District
6,258 2,493 39.8 1881
Newport-Mesa Unified School
District Trustee Area 1
625 239 38.2 204
Newport-Mesa Unified School
District Trustee Area 7
5,633 2,254 40.0 1677
Municipal Water District Of
Orange County
6,258 2,493 39.8 1881
Municipal Water District of
Orange County Div 4
6,258 2,493 39.8 1881
Orange County Water District 6,258 2,493 39.8 1881
Orange County Water District
Division 7
6,258 2,493 39.8 1881
Mesa Water District 6,258 2,493 39.8 1881
Mesa Water District Division 1 1,468 484 33.0 354
Mesa Water District Division 2 1,930 777 40.3 587
Mesa Water District Division 4 528 201 38.1 159
Mesa Water District Division 5 2,332 1,031 44.2 781
Costa Mesa Sanitary District 6,258 2,493 39.8 1881
Costa Mesa Sanitary Dist - Div
3 3,206 1,342 41.9 1016
Costa Mesa Sanitary Dist - Div
4 3,052 1,151 37.7 865
Historical 2010 - 48th
Congressional District
6,258 2,493 39.8 1881
Historical 2010 - 37th Senate
District
6,258 2,493 39.8 1881
Historical 2010 - 74th
Assembly District
6,258 2,493 39.8 1881
Historical 2010 - State Board of
Equalization (4th District)
6,258 2,493 39.8 1881
Historical 2010 - 2nd
Supervisorial District
6,258 2,493 39.8 1881
Historical 2010 - County Board
of Education Trustee Area 2
6,258 2,493 39.8 1881
Vote Center Totals 6,258 423 6.8 269
Vote by Mail Totals 6,258 2,070 33.1 1,612
Grand Totals 6,258 2,493 39.8 1,881
12/02/2022 3:07 PM Page 2831District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 4
41 Vote Center Totals
District
Registration
Ballots Cast
Turnout (%)
ROBERT DICKSON
ARLIS REYNOLDS
Orange County 10,294 1,049 10.2 516 375
Orange County 10,294 1,049 10.2 516 375
47th Congressional District 10,294 1,049 10.2 516 375
37th Senate District 10,294 1,049 10.2 516 375
73rd Assembly District 10,294 1,049 10.2 516 375
5th Supervisorial District 10,294 1,049 10.2 516 375
Costa Mesa 10,294 1,049 10.2 516 375
Costa Mesa Ward Division 5 10,294 1,049 10.2 516 375
State Board of Equalization
(4th District)
10,294 1,049 10.2 516 375
County Board of Education
Trustee Area 2
10,294 1,049 10.2 516 375
Coast Community College
District
10,294 1,049 10.2 516 375
Coast Community College
District Trustee Area 4
6,960 685 9.8 353 245
Coast Community College
District Trustee Area 5
3,334 364 10.9 163 130
Newport-Mesa Unified School
District
10,294 1,049 10.2 516 375
Newport-Mesa Unified School
District Trustee Area 1
2,156 216 10.0 114 73
Newport-Mesa Unified School
District Trustee Area 6
2,035 165 8.1 75 70
Newport-Mesa Unified School
District Trustee Area 7
6,103 668 10.9 327 232
Municipal Water District Of
Orange County
10,294 1,049 10.2 516 375
Municipal Water District of
Orange County Div 4
10,294 1,049 10.2 516 375
Orange County Water District 10,294 1,049 10.2 516 375
Orange County Water District
Division 6
0 0 0.0 0 0
Orange County Water District
Division 7
10,294 1,049 10.2 516 375
Mesa Water District 10,294 1,049 10.2 516 375
Mesa Water District Division 1 7,378 790 10.7 398 268
Mesa Water District Division 2 0 0 0.0 0 0
Mesa Water District Division 4 2,460 206 8.4 92 88
Mesa Water District Division 5 456 53 11.6 26 19
Costa Mesa Sanitary District 10,294 1,049 10.2 516 375
Costa Mesa Sanitary Dist - Div
3 2,452 239 9.7 94 100
Costa Mesa Sanitary Dist - Div
4 6,047 660 10.9 353 212
Costa Mesa Sanitary Dist - Div
5 1,795 150 8.4 69 63
Historical 2010 - 48th
Congressional District
10,294 1,049 10.2 516 375
Historical 2010 - 37th Senate
District
10,294 1,049 10.2 516 375
Historical 2010 - 74th
Assembly District
10,294 1,049 10.2 516 375
Historical 2010 - State Board of
Equalization (4th District)
10,294 1,049 10.2 516 375
Historical 2010 - 2nd
Supervisorial District
10,294 1,049 10.2 516 375
Historical 2010 - County Board
of Education Trustee Area 2
10,294 1,049 10.2 516 375
Vote Center Totals 10,294 1,049 10.2 516 375
12/02/2022 3:07 PM Page 2833District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 5
42 Vote by Mail
Totals
District
Registration
Ballots Cast
Turnout (%)
ROBERT DICKSON
ARLIS REYNOLDS
Orange County 10,294 4,616 44.8 1268 2800
Orange County 10,294 4,616 44.8 1268 2800
47th Congressional District 10,294 4,616 44.8 1268 2800 37th Senate District 10,294 4,616 44.8 1268 2800
73rd Assembly District 10,294 4,616 44.8 1268 2800
5th Supervisorial District 10,294 4,616 44.8 1268 2800
Costa Mesa 10,294 4,616 44.8 1268 2800
Costa Mesa Ward Division 5 10,294 4,616 44.8 1268 2800
State Board of Equalization
(4th District)
10,294 4,616 44.8 1268 2800
County Board of Education
Trustee Area 2
10,294 4,616 44.8 1268 2800
Coast Community College
District
10,294 4,616 44.8 1268 2800
Coast Community College
District Trustee Area 4
6,960 3,220 46.3 891 1999
Coast Community College
District Trustee Area 5
3,334 1,396 41.9 377 801
Newport-Mesa Unified School
District
10,294 4,616 44.8 1268 2800
Newport-Mesa Unified School
District Trustee Area 1
2,156 1,106 51.3 273 717
Newport-Mesa Unified School
District Trustee Area 6
2,035 775 38.1 181 505
Newport-Mesa Unified School
District Trustee Area 7
6,103 2,735 44.8 814 1578
Municipal Water District Of
Orange County
10,294 4,616 44.8 1268 2800
Municipal Water District of
Orange County Div 4
10,294 4,616 44.8 1268 2800
Orange County Water District 10,294 4,616 44.8 1268 2800 Orange County Water District
Division 6
0 0 0.0 0 0
Orange County Water District
Division 7
10,294 4,616 44.8 1268 2800
Mesa Water District 10,294 4,616 44.8 1268 2800
Mesa Water District Division 1 7,378 3,482 47.2 985 2100 Mesa Water District Division 2 0 0 0.0 0 0
Mesa Water District Division 4 2,460 960 39.0 236 601
Mesa Water District Division 5 456 174 38.2 47 99
Costa Mesa Sanitary District 10,294 4,616 44.8 1268 2800 Costa Mesa Sanitary Dist - Div
3 2,452 949 38.7 256 556
Costa Mesa Sanitary Dist - Div
4 6,047 3,037 50.2 863 1842
Costa Mesa Sanitary Dist - Div
5 1,795 630 35.1 149 402
Historical 2010 - 48th
Congressional District
10,294 4,616 44.8 1268 2800
Historical 2010 - 37th Senate
District
10,294 4,616 44.8 1268 2800
Historical 2010 - 74th
Assembly District
10,294 4,616 44.8 1268 2800
Historical 2010 - State Board of
Equalization (4th District)
10,294 4,616 44.8 1268 2800
Historical 2010 - 2nd
Supervisorial District
10,294 4,616 44.8 1268 2800
Historical 2010 - County Board
of Education Trustee Area 2
10,294 4,616 44.8 1268 2800
Vote by Mail Totals 10,294 4,616 44.8 1,268 2,800
12/02/2022 3:07 PM Page 2834District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 5
43 Grand Totals
District
Registration
Ballots Cast
Turnout (%)
ROBERT DICKSON
ARLIS REYNOLDS
Orange County 10,294 5,665 55.0 1784 3175
Orange County 10,294 5,665 55.0 1784 3175
47th Congressional District 10,294 5,665 55.0 1784 3175 37th Senate District 10,294 5,665 55.0 1784 3175
73rd Assembly District 10,294 5,665 55.0 1784 3175
5th Supervisorial District 10,294 5,665 55.0 1784 3175
Costa Mesa 10,294 5,665 55.0 1784 3175
Costa Mesa Ward Division 5 10,294 5,665 55.0 1784 3175
State Board of Equalization
(4th District)
10,294 5,665 55.0 1784 3175
County Board of Education
Trustee Area 2
10,294 5,665 55.0 1784 3175
Coast Community College
District
10,294 5,665 55.0 1784 3175
Coast Community College
District Trustee Area 4
6,960 3,905 56.1 1244 2244
Coast Community College
District Trustee Area 5
3,334 1,760 52.8 540 931
Newport-Mesa Unified School
District
10,294 5,665 55.0 1784 3175
Newport-Mesa Unified School
District Trustee Area 1
2,156 1,322 61.3 387 790
Newport-Mesa Unified School
District Trustee Area 6
2,035 940 46.2 256 575
Newport-Mesa Unified School
District Trustee Area 7
6,103 3,403 55.8 1141 1810
Municipal Water District Of
Orange County
10,294 5,665 55.0 1784 3175
Municipal Water District of
Orange County Div 4
10,294 5,665 55.0 1784 3175
Orange County Water District 10,294 5,665 55.0 1784 3175 Orange County Water District
Division 6
0 0 0.0 0 0
Orange County Water District
Division 7
10,294 5,665 55.0 1784 3175
Mesa Water District 10,294 5,665 55.0 1784 3175
Mesa Water District Division 1 7,378 4,272 57.9 1383 2368 Mesa Water District Division 2 0 0 0.0 0 0
Mesa Water District Division 4 2,460 1,166 47.4 328 689 Mesa Water District Division 5 456 227 49.8 73 118
Costa Mesa Sanitary District 10,294 5,665 55.0 1784 3175 Costa Mesa Sanitary Dist - Div
3 2,452 1,188 48.5 350 656
Costa Mesa Sanitary Dist - Div
4 6,047 3,697 61.1 1216 2054
Costa Mesa Sanitary Dist - Div
5 1,795 780 43.5 218 465
Historical 2010 - 48th
Congressional District
10,294 5,665 55.0 1784 3175
Historical 2010 - 37th Senate
District
10,294 5,665 55.0 1784 3175
Historical 2010 - 74th
Assembly District
10,294 5,665 55.0 1784 3175
Historical 2010 - State Board of
Equalization (4th District)
10,294 5,665 55.0 1784 3175
Historical 2010 - 2nd
Supervisorial District
10,294 5,665 55.0 1784 3175
Historical 2010 - County Board
of Education Trustee Area 2
10,294 5,665 55.0 1784 3175
Vote Center Totals 10,294 1,049 10.2 516 375
Vote by Mail Totals 10,294 4,616 44.8 1,268 2,800
Grand Totals 10,294 5,665 55.0 1,784 3,175
12/02/2022 3:07 PM Page 2835District Results Report - November 08, 2022 CITY OF COSTA MESA Member, City Council, District 5
44 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-965 Meeting Date: 12/6/2022
TITLE:
PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
45 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-967 Meeting Date: 12/6/2022
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Jesus Benitez, Rosita Bishopp, Shandler Brown, and Robert Steven Wilson.
46 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-971 Meeting Date: 12/6/2022
TITLE:
ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:
City Council approve Warrant Resolution No. 2691
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. 22-23 On Cycle for $ 2,941,746.09; 22-24 On Cycle for $3,033,273.54 and City operating expenses for $ 2,920,066.59
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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-966 Meeting Date: 12/6/2022
TITLE:
MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council approve the Minutes of the Regular meeting of November 15, 2022.
95 Minutes – Regular Meeting – November 15, 2022 Page 1 of 15
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
NOVEMBER 15, 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 at 4:05 p.m.), Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr (Arrived at 4:11 p.m.), and Mayor Stephens.
Absent: None.
PUBLIC COMMENTS – NONE.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - FOUR CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Carrin A. Leaman vs. City of Costa Mesa
Orange County Superior Courts Case No. 30-2021-01196302-CU-OR-CJC Ms. Hall Barlow, City Attorney stated two of the Anticipated Litigation cases from item #1 are related to claims filed by Fernanda Gomes Da Silva and Alex Gonzalez (names were corrected in City Attorney Report).
City Council recessed at 4:03 p.m. for Closed Session.
Closed Session adjourned at 5:52 p.m.
CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment Agency and Housing Authority meeting was called to order by Mayor Stephens at 6:01 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – Led by Sonora Elementary School.
MOMENT OF SOLEMN EXPRESSION – Led by Mr. John Begin.
96 Minutes – Regular Meeting – November 15, 2022 Page 2 of 15
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 – Ms. Hall Barlow corrected the names on the claims from Closed Session: Gomes Da Silva, and Alex Gonzalez, and no reportable action was taken.
PRESENTATIONS:
Mayor Stephens presented the 2022 Movember proclamation to Kian Heiat, Community Development Coordinator for Movember Organization.
Mayor Stephens presented the 2022 Hunger and Homelessness Awareness Week proclamation to Shannon Santos, Executive Director of Someone Cares Soup Kitchen.
Mayor Stephens presented the Law Enforcement Records and Support Personnel Day proclamation to Costa Mesa Police Chief Ron Lawrence and Ms. Rogers, Records & Evidence Manager.
Mayor Stephens presented the 2022 World Kindness Day proclamation to Rebekah Robeck, Founder of Let’s Be Kind.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Speaker, spoke on an article in the LA Times regarding turning right on a red light, and dangerous drivers at Harbor Blvd. and Mesa Verde Drive.
Speaker, spoke on noise concerns regarding The 12 Gym, and the Conditional Use Permit.
Jay Humphrey expressed concern on the size of the agenda.
Speaker, expressed congratulations to Arlis Reynolds and John Stephens.
Speaker, spoke regarding his sons kidnapping.
Speaker, congratulated Council Member Chavez, spoke on the election, and spoke against Council Ad Hoc meetings.
Becks Heyhoe, representing United to End Homelessness, thanked the Council on the Proclamation for Hunger & Homelessness Awareness Week.
Addy McClellan, Community Engagement Manager for United to End Homelessness, spoke on events for Hunger and Homelessness Awareness Week.
Speaker, spoke on traffic violence and intentional choices, spoke on Measure K and housing. 97 Minutes – Regular Meeting – November 15, 2022 Page 3 of 15 Angely Vallarta, Parks and Community Services Commissioner, District 4, spoke on Homeless Awareness Week and homeless issues.
Speaker spoke on environmentalism, preserving open space, spoke on slowing down high density development, and spoke on collaborating on the Housing element.
Hank Castignetti Orange County Model Engineers, spoke on the Toys for Tots toy drive on November 19th and 20th.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Harlan congratulated Newport Harbor boys water polo team on their second CIF Championship.
Council Member Reynolds thanked city staff member Jim Ortiz, requested a webpage on the tree program, spoke on Hunger and Homelessness, requested more information on the Meals on Wheels program, spoke on safe streets, spoke on helping others to hang Christmas lights, and spoke one the annual Turkey Trot event.
Council Member Chavez spoke on OCTA’s sporadic disruption to services, the UC campuses strikes, and spoke on the elections.
Mayor Pro Tem Marr spoke on traffic violence and lowering speed limits, spoke on revisiting the Ordinance regarding Cannabis businesses, and spoke on Hunger and Homelessness and providing more opportunities for Housing.
Mayor Stephens spoke on the elections, thanked the Registrar of Voters election workers, and thanked all the candidates.
REPORT – CITY MANAGER – None.
REPORT – CITY ATTORNEY – None.
CONSENT CALENDAR (Items 1-13)
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Marr MOTION: Approve recommended actions for consent calendar items 1-13 except for items 7 and 9.
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 on item 3 the Warrant Resolution due to campaign contributions received.
Motion carried: 7-0
98 Minutes – Regular Meeting – November 15, 2022 Page 4 of 15
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: Alexander Gonzalez.
3. ADOPTION OF WARRANT RESOLUTION
Mayor Stephens recused himself on this item due to campaign contributions received.
ACTION:
City Council approved Warrant Resolution No. 2690.
4. MINUTES
ACTION:
City Council approved the Minutes of the Regular meeting of November 1, 2022.
5. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF JANUARY 3, 2023
ACTION:
City Council cancelled the regular meeting of Tuesday, January 3, 2023.
6. APPROVAL OF MAYOR’S APPOINTMENT TO THE ORANGE COUNTY VECTOR
CONTROL DISTRICT
ACTION:
City Council approved Mr. Bill Turpit as the Mayor’s appointment to the Orange County Vector Control District (OCVCD).
8. ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT - AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR
ENGINEERING DESIGN SERVICES
ACTION:
1. City Council approved Amendment No. 1 to the Professional Services Agreement (PSA) with KOA Corporation increasing the maximum compensation by $30,230, for a total not-to-exceed amount of $141,017.
2. Authorized the City Manager and the City Clerk to execute the amendment and any future amendments to the agreement.
99 Minutes – Regular Meeting – November 15, 2022 Page 5 of 15
10. MAINTENANCE SERVICES AGREEMENT FOR HVAC MAINTENANCE AND REPAIR
ACTION:
1. City Council approved the Maintenance Services Agreement (MSA) with Siemens Industry, Inc., for a term of eight months, effective November 15, 2022 - June 30, 2023, in the amount of $154,472.71 for the eight month term to provide HVAC maintenance and repair services for the City Hall and the Police Department facility based on pricing from Sourcewell Contract #070121-SIE.
2. Approved the three year MSA with Siemens Industry from July 1, 2023 to June 30, 2026, with annual compensation amount for year one, $224,734.43, year two, $249,167.58 and third year, $248,228.67.
3. Approved a 10% contingency annually for additional repairs and other unforeseen costs.
4. Authorized the City Manager and City Clerk to execute the MSA and to extend the agreement each year with an effective term of July 1st through June 30th, for up to a maximum of three (3) additional one-year terms.
11. SUB-RECIPIENT AGREEMENT FOR THE 2021 URBAN AREA SECURITY
INITIATIVE GRANT
ACTION:
City Council authorized the City Manager and City Clerk to execute the Sub-Recipient Agreement with the City of Santa Ana for the FY 2021 Urban Areas Security Initiative (UASI) Grant Program.
12. COSTA MESA FIRE & RESCUE STRATEGIC PLAN 2022-2027
ACTION:
City Council approved the Costa Mesa Fire & Rescue Strategic Plan 2022 - 2027.
13. APPROVAL OF RESPONSE TO GRAND JURY REGARDING ORANGE COUNTY
EMS AND THE FIRE SERVICE
ACTION:
City Council authorized the City Manager and Fire Chief to respond to the Presiding Judge of the Superior Court concerning the findings and recommendations made by the Orange County Grand Jury Report. 2021-2022.
100
Minutes – Regular Meeting – November 15, 2022 Page 6 of 15
ITEMS PULLED FROM THE CONSENT CALENDAR
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
SUPPORTING THE IRANIAN-AMERICAN COMMUNITY AND CONDEMNING
VIOLENCE AGAINST WOMEN
Public Comment:
Speaker, spoke in support of the resolution.
MOVED/SECOND: Council Member Chavez/Mayor Pro Tem Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Abstain: None
Motion carried: 7-0
ACTION:
City Council adopted Resolution 2022-64 in support of the Iranian-American community and condemning violence against women.
9. POLICE DEPARTMENT UNDERGROUND STORAGE TANK CLOSURE PROJECT, CITY PROJECT NO. 22-02
Public Comments: None.
MOVED/SECOND: Council Member Chavez/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 adopted plans, specifications, and working details for the Police Department Underground Storage Tank Closure Project, City Project No. 22-02.
2. Awarded a Public Works Agreement (PWA) to American Integrated Services, Inc., 1502 E. Opp Street, Wilmington, CA 90744 in the amount of $156,680. 101
Minutes – Regular Meeting – November 15, 2022 Page 7 of 15
3. Authorized an additional ten percent (10%) contingency in the amount of $15,668 as needed for any unforeseen costs related to this project.
4. Approved a budget adjustment authorizing the use of unappropriated fund balance in the Capital Improvement Fund (401) in the amount of $48,616 and appropriate said funds to the Police Department Underground Storage Tank Closure Project (Project 200066).
5. Authorized the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits. ---------------------------------------END OF CONSENT CALENDAR--------------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. PUBLIC HEARING REGARDING THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 AND THE TRAFFIC
IMPACT FEE ANALYSIS
Staff presentation by Ms. Molina Finance Director and Mr. Sethuraman, Public Works Director.
Public Comments: None.
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 received and filed the Development Impact Fees Annual Report for the Fiscal Year ended June 30, 2022.
2. Adopted Resolution No. 2022-65 continuing the citywide traffic impact fee for new development that incorporates recommendations from the Traffic Impact Fee Ad Hoc Committee and staff, which include:
Continuing a traffic impact fee of $235 per Average Daily Trip (ADT) for Capital Improvement Projects and Active Transportation projects Approving allocation of up to ten (10) percent of traffic impact fees towards traffic signal synchronization projects
102
Minutes – Regular Meeting – November 15, 2022 Page 8 of 15
2. APPEAL OF PLANNING APPLICATION 21-07 FOR A CONDITIONAL USE PERMIT TO ALLOW OFF-SITE VALET PARKING ON THE PROPERTY LOCATED AT 1645
SUPERIOR AVENUE AND FOR OUTDOOR SEATING FOR AN EXISTING RESTAURANT (TRENTA PIZZA & CUCINA) LOCATED AT 1661 SUPERIOR AVENUE, SUITE C & D AND ZONING APPLICATION 19-50 (ZA-17-16 A1) FOR A
MINOR CONDITIONAL USE PERMIT TO AMEND THE PREVIOUS APPROVAL FOR
THE RESTAURANT
Presentation by Mr. Arios, Associate Planner.
Mr. Riley, Appellant, spoke on the current Temporary Use Permit, spoke on noise problems, traffic onsite, the noise curfew, mitigation measures, movement of vehicles, impacts to adjoining properties, the need to account for staff parking, number of restrooms, the electrical plans for outside, fire issues from heaters, access to firefighting equipment, patron safety and safety barriers, noise and light pollution, location in an industrial zone, food pick-up impacts, training of valet staff, a parking mitigation plan, and the need to go through a Conditional Use Permit process.
Mr. Palazzo, Applicant, Owner of Trenta Pizza & Cucina, spoke on the business and addressed concerns expressed by the Appellant.
Public Comments:
Speaker, spoke in support of Trenta Pizza & Cucina.
Marc Vukcevich spoke on the processes, spoke on fostering small businesses, and spoke in support of Trenta Pizza & Cucina.
Colin Carter spoke in support of Trenta Pizza & Cucina.
Stan Hatch spoke in support of Trenta Pizza & Cucina.
Speaker, Interior Design Firm next door to Trenta, spoke in support of Trenta Pizza & Cucina.
Speaker, spoke in support of Trenta Pizza & Cucina.
Speaker, spoke in support of Trenta Pizza & Cucina.
Speaker, spoke in support of Trenta Pizza & Cucina.
Speaker, spoke in support of Trenta Pizza & Cucina.
Speaker, spoke in support of Trenta Pizza & Cucina.
Ben Vigil spoke in support of Trenta Pizza & Cucina.
103
Minutes – Regular Meeting – November 15, 2022 Page 9 of 15 Mr. Riley, spoke on safety, and spoke on what was approved by the Planning Commission.
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Marr MOTION: Approve recommended actions including adding the condition to No. 16 that valet attendants will keep their voices low and shall quietly close vehicle doors in respect to the adjacent residential properties. Also, the valet operator shall first utilize parking located furthest away from the residential developments (closest to Superior Avenue) on the off-site valet parking property.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: None
Abstain: Council Member Harlan as his daughter is an employee of Trenta.
Motion carried: 6-0-0-1
ACTION:
City Council upheld the Planning Commission’s decision and:
1. Found that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1), Existing Facilities.
2. Approved Planning Application 21-07 and Zoning Application 19-50 (ZA-17-16 A1), subject to conditions of approval. Including adding the condition to No. 16 that valet attendants will keep their voices low and shall quietly close vehicle doors in respect to the adjacent residential properties. Also, the valet operator shall first utilize parking located furthest away from the residential developments (closest to Superior Avenue) on the off-site valet parking property.
City Council recessed into a break at 8:26 p.m.
City Council Reconvened at 8:45 p.m.
3. APPROVAL OF GENERAL PLAN AMENDMENT 21-01 FOR THE CITY OF COSTA MESA 2021-2029 (SIXTH CYCLE) HOUSING ELEMENT UPDATE (AS REVISED),
AND ADOPTION OF A RESOLUTION TO OVERRULE THE INCONSISTENCY
DETERMINATION MADE BY THE AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY FOR THE CITY OF COSTA MESA’S 2021-2029 SIXTH CYCLE
HOUSING ELEMENT UPDATE
Presentation by Ms. Le, Economic and Development Services Director.
Public Comments:
Jay Humphrey spoke on the deadlines and questioned the delay. 104
Minutes – Regular Meeting – November 15, 2022 Page 10 of 15 Jenn Tanaka spoke on the deadlines, certification, consequences of non-certification, transparency, and public involvement.
Joann Perler spoke on the timeline, spoke on Measure Y, and spoke on citizen involvement.
Cynthia McDonald spoke on citizen involvement and engaging the residents, spoke on the LEAP Grant funds, Citizen Advisory Committee, inclusionary housing ordinance, increased zoning and density, and specific plans and overlay areas.
MOVED/SECOND: Council Member Chavez/Council Member Reynolds MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: Council Member Harper
Absent: None
Abstain: None
Motion carried: 6-1
ACTION:
1. City Council found that potentially significant effects on the environment have been adequately analyzed in the Initial Study/Mitigated Negative Declaration previously adopted on February 1, 2022 for the 2021-2029 (Sixth Cycle) Housing Element pursuant to State law, and find that none of the conditions described in CEQA Guidelines Section 15162 exist; therefore, no further action is required to comply with CEQA.
2. Approved Resolution No. 2022-68 to Overrule the Orange County Airport Land Use Commission’s March 17, 2022 Determination that Costa Mesa’s 2021-2029 (Sixth Cycle) Housing Element is inconsistent with the John Wayne Airport Environs Land Use Plan.
3. Approved Resolution No. 2022-67 to approve the City of Costa Mesa 2021-2029 (Sixth Cycle) Housing Element (General Plan Amendment 21-01), as revised.
4. Directed the City Manager or designee to submit the adopted Housing Element to the State for certification, and authorized the City Manager or designee to make minor revisions to the adopted Housing Element as necessary to obtain State certification.
OLD BUSINESS: NONE.
105
Minutes – Regular Meeting – November 15, 2022 Page 11 of 15 NEW BUSINESS:
1. APPROVAL OF AMENDMENT TO CITYWIDE RENTAL ASSISTANCE PROGRAM
WITH MERCY HOUSE FUNDED BY THE AMERICAN RESCUE PLAN ACT (ARPA) Presentation by Mr. Robbins, Neighborhood Improvement Manager.
Discussion ensued on estimated households assisted, collection of data, outreach, administrative costs, and duplication of benefits.
Public Comments: None.
MOVED/SECOND: Council Member Chavez/Council Member Harlan MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member 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 Amendment No. 3 to the Subrecipient Agreement (SRA) with Mercy House Living Centers increasing the compensation by $500,000 and authorize the appropriation of American Rescue Plan Act (ARPA) funds for program administration for the City’s ARPA Rental Assistance Program for lower-income households.
2. Authorized the City Manager and City Clerk to execute all agreements and any amendments to the agreements.
2. COMMITMENT OF $975,000 IN AMERICAN RESCUE PLAN ACT FUNDS TO
FAMILIES FORWARD FOR DEVELOPMENT OF THE BUNGALOWS AFFORDABLE HOUSING PROJECT LOCATED AT 2039 POMONA AVENUE
Presentation by Mr. Robbins, Neighborhood Improvement Manager.
Discussion ensued on funding sources, increasing the number of units, feasibility studies, affordability requirements, and the debt in the project.
Public Comments:
Madelynn Hirneise, Chief Executive Officer of Families Forward spoke on the project.
Jay Humphrey spoke in support of the item.
106
Minutes – Regular Meeting – November 15, 2022 Page 12 of 15 MOVED/SECOND: Mayor Pro Tem Marr/Council Member Chavez
MOTION: Approve recommended actions with the alternative to ARPA funding to use housing or grant funding.
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 the appropriation and allocation of $975,000 in American Rescue Plan Act (ARPA) funds, or any other viable source of grant funds or housing funds, to Families Forward for the development of The Bungalows Project, an affordable housing project to serve an estimated 36 individuals, contingent upon the successful completion of a financial feasibility analysis by the City’s third-party underwriting consultant, Keyser Marston Associates.
2. Authorized the City Manager or their designee to execute the Funding Agreement and all associated documents, as needed, to bring the project to fruition.
3. APPROVE A COMMITMENT OF $850,000 OF LOW/MODERATE INCOME HOUSING
ASSET FUNDS TO CM MERCY HOUSE CHDO, LLC, FOR THE CONVERSION OF THE MOTEL 6 INTO A HOMEKEY PROJECT LOCATED AT 2274 NEWPORT
BOULEVARD IN COSTA MESA
Presentation by Mr. Robbins, Neighborhood Improvement Manager.
Discussion ensued on costs, funds, and repayment of loans.
Public Comments: None.
MOVED/SECOND: Council Member Harlan/Mayor Pro Tem Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: Council Member Harper
Absent: None
Abstain: None
Motion carried: 6-1
ACTION:
1. City Council approved an appropriation and allocation of $850,000 in Low/Moderate Income Housing Asset Funds to CM Mercy House CHDO LLC for development of the Motel 6 Project Homekey Housing Project.
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Minutes – Regular Meeting – November 15, 2022 Page 13 of 15
2. Authorized the City Manager or their designee to execute the Funding Agreement and all associated documents, as needed, to bring the project to fruition and create an estimated 88 units of permanent affordable housing.
4. ADOPTION OF THE 2022 - 2025 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF COSTA MESA (CITY) AND THE COSTA MESA CITY
EMPLOYEES ASSOCIATION (CMCEA) AND THE ADOPTION OF ACCOMPANYING
SALARY RESOLUTIONS FOR CMCEA AND THE CONFIDENTIAL UNIT
Ex Parte Communications:
Council Member Chavez met with OCMA and CMCEA.
Mayor Pro Tem Marr met with OCMA and CMCEA.
Council Member Gameros met with OCMA and CMCEA.
Council Member Reynolds met with CMCEA.
Mayor Stephens met with CMCEA previously.
Presentation by Ms. Lee, Human Resources Manager.
Public Comments: None.
MOVED/SECOND: Council Member Chavez/Mayor Pro Tem Marr
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member 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 and Adopted the 2022 - 2025 Memorandum of Understanding (MOU) between the City of Costa Mesa and the Costa Mesa City Employees Association (CMCEA);
2. Approved and Adopted Resolution Numbers 2022-69, 2022-70, 2022-71, 2022-72, 2022-73, and 2022-74 revising the pay ranges for CMCEA and the Confidential Unit;
3. Approved the Fiscal Impact Analyses; and
4. Authorized the City Manager and members of the City’s Negotiation Team to execute the MOU documents and appropriate into the respective departmental budgets.
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5. ADOPTION OF THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF
COSTA MESA (CITY) AND THE COSTA MESA POLICE ASSOCIATION (CMPA)
AND THE ADOPTION OF ACCOMPANYING SALARY RESOLUTION FOR CMPA Ex Parte Communications:
Council Member Chavez met with CMPOA.
Mayor Pro Tem Marr met with CMPOA.
Council Member Gameros met with CMPOA.
Presentation by Ms. Lee, Human Resources Manager.
Public Comments: None.
MOVED/SECOND: Council Member Gameros/Council Member Chavez 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 and adopted the Side Letter of Agreement between the City of Costa Mesa and CMPA;
2. Approved and adopted Resolution No. 2022-75 revising the pay ranges for CMPA;
3. Approved the Fiscal Impact Analyses;
4. Authorized the City Manager and members of the City’s Negotiation Team to execute the Side Letter of Agreement documents, and amend the Fiscal Year 2022-23 Adopted Budget for the Police Department accordingly.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
ADJOURNMENT– The Mayor adjourned the meeting at 10:32 p.m. 109
Minutes – Regular Meeting – November 15, 2022 Page 15 of 15 Minutes adopted on this 6th day of December, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
110
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-968 Meeting Date: 12/6/2022
TITLE:
EXTENSION OF RESOLUTION NO. 2022-62 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 PURSUANT TO ASSEMBLY BILL 361
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 extend Resolution 2022-62 to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
· The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and · Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.
BACKGROUND:
Pursuant to AB 361, the City Council will need to declare every 30 days that the City’slegislative bodies and individual members can continue to meet remotely, as needed, in order to ensure the health and safety of the members and the public.
On September 17, 2021 the Governor signed into law AB 361, which allows local legislative bodies to continue to meet remotely, and waive certain posting requirements if:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; and
· Legislative bodies declare the need to meet remotely due to present risks to the health or safety of all attendees.
ANALYSIS:
The City meets the requirements of AB 361 to continue holding meetings remotely in order to ensure
111
File #: 22-968 Meeting Date: 12/6/2022
The City meets the requirements of AB 361 to continue holding meetings remotely in order to ensure the health and safety of the members, public and its employees. Both the California Department of Public Health and the County of Orange Public Health Officer have issued recommendations that members of vulnerable populations (such as older adults and those persons with an elevated risk due to certain medical conditions) continue to practice social distancing. The City cannot ensure social distancing requirements are always met inside the Council Chambers and/or Conference Rooms where the City Council, Commissions, and Committees meet, making it difficult for members of these bodies, City staff, and members of the public to consistently socially distance from each other with absolute certainty.
Staff recommends that the City Council extend the resolution making the required findings that the City Council, Commission and Committee meetings can continue to meet remotely, as needed, pursuant to the requirements of AB 361.
ALTERNATIVES:
City Council may choose not to hold City Council, Commission and Committee meetings remotely via Zoom. The City would then be required to hold all public meetings in-person.
FISCAL REVIEW:
There is no fiscal impact associated with this item.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and approves as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life.
CONCLUSION:
Staff recommends the City Council extend Resolution 2022-62 to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
· The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and · Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.
112
113
114
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-947 Meeting Date: 12/6/2022
TITLE:
ACCEPTANCE OF RANDOLPH AVENUE AND ST. CLAIR STREET PARKING AND PEDESTRIAN IMPROVEMENT PROJECT, CITY PROJECT NO. 21-07
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:
Staff recommends the City Council:
1. Accept the work performed by All American Asphalt, Inc., 400 East Sixth Street, Corona, CA 92879 for the Randolph Avenue and St. Clair Street Parking and Pedestrian Improvement Project, City Project No. 21-07, and authorize the City Clerk to file the Notice of Completion.
2. Authorize the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.
BACKGROUND:
On October 5, 2021, the City Council awarded a construction contract to All American Asphalt for the Randolph Avenue and St. Clair Street Parking and Pedestrian Improvement Project, City Project No. 21-07.
The scope of work for the project consisted of street rehabilitation, installation of new parking stalls at the center of Randolph Avenue and St. Clair Street, a new roundabout with landscaping, raised pedestrian crosswalk, medians with landscaping, and new striping and markings.
In addition, new speed humps along both directions of Randolph Avenue have been installed to reduce speeds and enhance safety. Rectangular Rapid Flashing Beacons have also been installed at the newly constructed raised crosswalk to allow for safe crossings for pedestrians. The location map is included as Attachment 1.
115
File #: 22-947 Meeting Date: 12/6/2022
ANALYSIS:
The work required by the contract documents was completed on October 14, 2022 to the satisfaction of the City Engineer. The final contract cost amounted to $412,154.94. A summary of the final costs is included as Attachment 2.
A summary of the costs is as follows:
Original Contract Amount: $382,725.50
Final Quantity Adjustments: $ 29,429.44
Final Contract Cost: $412,154.94
Quantity adjustments in the amount of $29,429.44 were due to completing digouts at specified locations along Randolph Avenue and St. Clair Street and to perform additional slurry sealing along Randolph Avenue. A change order was issued using Gas Tax (Fund 201) monies in order to fund the aforementioned improvements.
The final contract cost reflects a 7.7% increase to the original contract amount as a result of the aforementioned final quantity adjustments.
As of this date, there are no stop notices filed against the monies due to All American Asphalt, Inc.
Roundabout at Randolph Ave. & St. Clair St. Improvements along Randolph Ave.
ALTERNATIVES:
This item is administrative in nature, and there are no alternatives to be considered.
FISCAL REVIEW:
This project was funded from the Traffic Impact Fees Fund (Fund 214 - $138,200), Capital
116
File #: 22-947 Meeting Date: 12/6/2022
Improvement Fund (Fund 401 - $257,126), and Gas Tax Fund (Fund 201 - $16,829).
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and approves it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project worked towards achieving the following City Council goals:
· Maintain and Enhance the City’s Infrastructures, Facilities, Equipment and Technology · Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends the City Council:
1. Accept the work performed by All American Asphalt, Inc., 400 East Sixth Street, Corona, CA 92879 for the Randolph Avenue and St. Clair Street Parking and Pedestrian Improvement Project, City Project No. 21-07, and authorize the City Clerk to file the Notice of Completion.
2. Authorize the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.
117
ATTACHMENT NO. 2
CITY OF COSTA MESA
RANDOLPH AVENUE AND ST. CLAIR STREET IMPROVEMENT
PROJECT, NO. 21-07
PROJECT LIMITS
NOT TO SCALE
ATTACHMENT 1
118
CITY OF COSTA MESA
COST SUMMARY
Project: Randolph Ave and St. Clair Street Improvement Project City Project No. 21-07
ITEM UNITPREVIOUS TOTAL CONTRACT
NO DESCRIPTION PRICEQUANTITY TO DATE PRICE
1 1 LS Mobilization & Demobilization $69,000.00 % 100.00 % $69,000.00 $69,000.00 2 10 TON
Remove and Reconstruct Aspahlt Concreate (A.C.) Pavement Surface [12" Minimum Depth, including Excavation] and Replace with 6" A.C. over 6" Crushed Miscellaneous Base (CMB)
$3,055.00
T
O
N
10.00 TON $30,550.00 $30,550.00
3 1 LS Construct Asphalt Concrete (A.C.) Raised Crosswalk per Plan including Alhambra Foundy Plate Cover $28,230.00 % 100.00 % $28,230.00 $28,230.00 4 1 LS Install and Place All Landscaping Fixtures, Equipment, Planting, etc., per Irrigation, Landscaping, and Planting Plans $42,400.00 % 100.00 % $42,400.00 $42,400.00 5 6 EA Install Truncated Domes per Plan per Caltrans Std. Plan A88A $943.00 0.00 EA $0.00 $5,658.00 6 6 EA Remove Existing and Reconstruct ADA Curb Ramps with Truncated Domes per Caltrans Std. Plan A88A $3,775.00 E
A 6.00 EA $22,650.00 $22,650.00
7 650 S.F.
Remove Existing and Reconstruct Sidewalk [4" Portland Cement Concrete (P.C.C.) over 6" Crushed Miscellaneous base (CMB) with 3" Asphalt Concrete (A.C.) Slot Pave
$17.77
S
.
F
.
800.25 S.F. $14,220.44 $11,550.50
8 500 L.F.
Remove Existing and Reconstruct C-6 Curb and C-8 Curb (as shown on plans) and Gutters over 6" Crushed Miscellaneous Base (CMB) with 3" Asphalt Cocnrete (A.C.) Slot Pave.
$46.00
L
.
F
.
585.25 L.F. $26,921.50 $23,000.00
9 500 S.F.
Remove Existing and Reconstruct Cross-Gutter [8" Portland Cement Concrete (P.C.C.) over 8" Crushed Miscellaneous Base (CMB)] per city of Costa Mesa Std.
Dwg. No. 415
$28.00
S
.
F
.
277.00 S.F. $7,756.00 $14,000.00
10 350 S.F.
Remove Existing and Reconstruct Driveway Approach [6" Portland Cement Concrete (P.C.C.) over 6" Crushed Miscellaneous Base (CMB)] per city of Costa Mesa Std.
Dwg. Nos. 313, 513 and 514
$24.00
S
.
F
.
49.00 S.F. $1,176.00 $8,400.00
11 1,350 L.F. Paint Red Curbs and Yellow Curbs $1.30 L
. 1,350.00 L.F. $1,755.00 $1,755.00
12 1 LS Remove Existing and install New Thermoplastic Pavement Markings, including Continental Crosswalk $18,445.00 % 100.00 % $18,445.00 $18,445.00 13 1 LS Remove Existing and Install New Thermoplastic Pavement Markins, including Continental Crosswalk $12,275.00 L
S 1.00 LS $12,275.00 $12,275.00
14 30 EA Remove Existing and Install New Roadway Sign Posts $121.00 E A 30.00 EA $3,630.00 $3,630.00
15 60 EA Remove Existing and Install New Roadway Sign Panels $273.00 E A 60.00 EA $16,380.00 $16,380.00
16 5 EA Adjust and Reset Existing Survey Monuments and Ties $527.00 E A 3.00 EA $1,581.00 $2,635.00
17 3 EA Relocate (Remove and Install New) Water Meter, Service, and Meter Boxes with Covers $1,053.00 E
A 3.00 EA $3,159.00 $3,159.00
18 1 LS Temporary Traffic Control $11,278.00 % 100.00 % $11,278.00 $11,278.00 19 10 EA Remove Existing and Install New Type "F" and Type "E" Traffic Signal Loops Shown per Plan $416.00 E
A 10.00 EA $4,160.00 $4,160.00
20 1 LS Install City-Furnished Wireless Solar Rectangular Rapid Flashing Beacon (RRFB) $2,580.00 % 100.00 % $2,580.00 $2,580.00 21 8 EA Install Contractor-Furnished Modular Speed Cushions $1,105.00 E A 8.00 EA $8,840.00 $8,840.00
A1 80 E.L.T. Procure and Apply Slurry Seal Type II with 2.5% Latex Street Surfacing $440.00 E
.
L
110.00 E.L.T. $48,400.00 $35,200.00
A2 1 LS. Procutre and Apply Crack Seal prior to Slurry Seal $6,950.00 L S 1.00 LS. $6,950.00 $6,950.00
A1 80 E.L.T. Procure and Apply Slurry Seal Type II with 2.5% Latex Street Surfacing $440.00 E 0.00 E.L.T. $0.00 CO1 1 LS. Dig –outs along Randolph Avenue and St. Clair Street and additional slurry sealing on Randolph Avenue. $29,818.00
L
S
.
1.00 LS. $29,818.00 $29,818.00
$412,154.94 $412,543.50TOTAL):
ATTACHMENT NO. 2
ADDITIVE ITEMS
BID QUANTITY
SITE WORK
CHANGE ORDERS
TO DATE
TOTAL QUANTITY
ATTACHMENT 2
TOTAL:
119
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-955 Meeting Date: 12/6/2022
TITLE:
MEASURE M2 EXPENDITURE REPORT
DEPARTMENT: PUBLIC WORKS DEPARTMENT /ADMINISTRATION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: CHRISTINE TSAO, MANAGEMENT ANALYST, (714) 754-5024 RECOMMENDATION:
Staff recommends the City Council adopt the proposed Resolution No. 2022-xx, approving the Measure M2 Expenditure Report and authorizing staff to submit the report to the Orange County Transportation Authority (OCTA.)
BACKGROUND:
The approved guidelines for Renewed Measure “M” (M2) eligibility require that local agencies prepare and adopt an annual expenditure report on Measure M2 funds. The expenditure report is a detailed financial report, which tracks financial activity as it relates to Measure M2 and other improvement funds. The report should account for receipt, interest earned, and the use of Measure M2 and other funds as outlined in the Ordinance approved by OCTA Board and the Orange County voters. OCTA requires the annual report to be provided within six (6) months from the end of the jurisdiction’s fiscal year.
ANALYSIS:
In order to qualify for Measure M2 funding, all agencies have to meet certain eligibility criteria established by the Ordinance approving the “M2”Program. Preparation of the expenditure report is one such requirement that each jurisdiction has to meet on an annual basis.
The guidelines require each city to prepare and adopt an annual expenditure report to account for Measure M2 funds, developer/traffic impact fees, and funds expended by the City to satisfy Maintenance of Effort requirements. The following are the requirements of the expenditure report:
· Submit report within six (6) months of jurisdiction’s end of fiscal year; · Include all Measure M2 revenue, fund balances, and interest earned; · Identify expenditures by activity type (capital, operations, administration, etc.) and the funding source for each program/project; and
· Submit the expenditure report signed by the Finance Director accompanied by a resolution from the City Council.
120
File #: 22-955 Meeting Date: 12/6/2022
The City of Costa Mesa’sreport for Fiscal Year 2021-22 is due by December 31, 2022. Staff prepared the attached expenditure report (Attachment 2) in accordance with OCTA guidelines. The report was reviewed in draft form by OCTA staff, and the information provided was determined to be acceptable.
Staff recommends City Council’s approval of the attached resolution, approving the expenditure report and authorizing staff to submit the report to OCTA.
ALTERNATIVES:
The City Council may choose not to approve the attached resolution. This alternative would make the City ineligible to receive Measure M2 funds from the Orange County Transportation Authority.
FISCAL REVIEW:
The attached expenditure report took into account the final review of revenues and expenses for Fiscal Year 2021-22. The information contained in the M2 Expenditure Report was also reviewed by OCTA staff and determined to be acceptable.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and resolution and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Achieve Long-term Fiscal Sustainability
CONCLUSION:
The voter-approved Measure M2 requires local agencies to meet certain eligibility requirements for receipt of Measure M2 funds, including approval of the M2 Expenditure Report. Staff recommends that the City Council adopt the attached resolution approving the M2 Expenditure Report for Fiscal Year 2021-22, for submittal to OCTA.
121
ATTACHMENT 1
Resolution No. 2022-xx Page 1 of 3
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF COSTA MESA FOR THE FISCAL YEAR ENDING JUNE 30, 2022
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by the local jurisdiction i n the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and WHEREAS, the M2 Expenditure Report must include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six (6) months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa does hereby in form the OCTA that:
(a) The M2 Expenditure Report is in conformance with the template provided in the Measure M 2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of the fiscal year.
(b) The M2 Expenditure Report is hereby adopted by the City of Costa Mesa. 122
Resolution No. 2022-xx Page 2 of 3
(c) The Costa Mesa Finance Director is hereby authorized to sign and submit the Measure M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2022.
Section 2 . The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions.
PASSED AND ADOPTED this 6th day of December, 2022.
____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 123
ATTACHMENT 1
Resolution No. 2022-xx Page 3 of 3
THIS PAGE IS RESERVED FOR CITY CLERK’S OFFICE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2022-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 6th day of December, 2022, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 6th day of December, 2022.
________________________
Brenda Green, City Clerk
124
City of Costa Mesa
M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Beginning and Ending Balances
Schedule 1
Line
No. Amount Interest
A-M Freeway Projects 1 (36,889.00)$ -$
O Regional Capacity Program (RCP) 2 311,211.00$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) 3 (948,931.00)$ -$ Q Local Fair Share 4 3,970,981.19$ -$
R High Frequency Metrolink Service 5 -$ -$ S Transit Extensions to Metrolink 6 -$ -$ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 7 -$ -$ U Senior Mobility Program or Senior Non-Emergency Medical Program 8 48,423.00$ -$
V Community Based Transit/Circulators 9 (11,401.00)$ -$ W Safe Transit Stops 10 1,792.00$ -$ X Environmental Cleanup Program (Water Quality) 11 (102,224.00)$ -$ Other* 12 87,099.32$ -$
13 3,320,061.51$ -$
Monies Made Available During Fiscal Year 14 4,537,378.75$ (105,712)$ 15 7,857,440.26$ (105,712)$
Expenditures During Fiscal Year 16 3,250,641.49$ (105,495)$ A-M Freeway Projects 17 (36,889.00)$ -$ O Regional Capacity Program (RCP) 18 271,695.00$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) 19 66,896.00$ -$ Q Local Fair Share 20 4,274,821.19$ -$
R High Frequency Metrolink Service 21 -$ -$ S Transit Extensions to Metrolink 22 -$ -$ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 23 -$ -$ U Senior Mobility Program or Senior Non-Emergency Medical Program 24 105,000.26$ (217)$
V Community Based Transit/Circulators 25 (11,401.00)$ -$ W Safe Transit Stops 26 (48,199.00)$ -$ X Environmental Cleanup Program (Water Quality) 27 (102,224.00)$ -$ Other* 28 87,099.32$ -$
* Please provide a specific description
Balances at End of Fiscal Year
Balances at Beginning of Fiscal Year
Balances at Beginning of Fiscal Year
Description
Total Monies Available (Sum Lines 13 & 14)
125
City of Costa Mesa M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Sources and Uses
Schedule 2
Line
No. Amount Interest
A-M Freeway Projects 1 -$ -$
O Regional Capacity Program (RCP) 2 10,648$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) 3 1,312,814$ -$ Q Local Fair Share 4 3,096,611$ (105,712)$
R High Frequency Metrolink Service 5 -$ -$ S Transit Extensions to Metrolink 6 -$ -$ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 7 -$ -$ U Senior Mobility Program or Senior Non-Emergency Medical Program 8 117,306$ -$ V Community Based Transit/Circulators 9 -$ -$ W Safe Transit Stops 10 -$ -$ X Environmental Cleanup Program (Water Quality) 11 -$ -$ Other* 12 -$ -$
13 4,537,379$ (105,712)$
A-M Freeway Projects 14 -$ -$ O Regional Capacity Program (RCP) 15 50,164$ -$ P Regional Traffic Signal Synchronization Program (RTSSP) 16 296,987$ -$ Q Local Fair Share** 17 2,792,771$ (105,712)$
R High Frequency Metrolink Service 18 -$ -$ S Transit Extensions to Metrolink 19 -$ -$ T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 20 -$ -$ U Senior Mobility Program or Senior Non-Emergency Medical Program 21 60,728$ 217$ V Community Based Transit/Circulators 22 -$ -$ W Safe Transit Stops 23 49,991$ -$
X Environmental Cleanup Program (Water Quality) 24 -$ -$ Other* 25 -$ -$
26 3,250,641$ (105,495)$
27 1,286,737$ (217)$
* Please provide a specific description
** Negative interest due to GASB 31 adjustment
TOTAL BALANCE (Subtract line 26 from 13)
TOTAL EXPENDITURES (Sum lines 14 to 25)
Description
Revenues:
TOTAL REVENUES (Sum lines 1 to 12)
Expenditures:
126
City of Costa Mesa
M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Streets and Roads Detailed Use of Funds
Schedule 3
Line
No. MOE Developer /
Impact Fees+ O O
Interest P P
Interest Q Q
Interest X X
Interest
Other
M22
Other
M2
Interest
Other* TOTAL
1 1,203,679$ -$ -$ -$ -$ -$ 344,614$ -$ -$ -$ -$ -$ -$ 1,548,293$ New Street Construction 2 -$ 31,491.00$ 50,164.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 81,655$ Street Reconstruction 3 574,297.00$ 3,831.00$ -$ -$ -$ -$ 4,527.00$ -$ -$ -$ -$ -$ -$ 582,655$ Signals, Safety Devices, & Street Lights 4 57,950.00$ 15,373.00$ -$ -$ 296,987.00$ -$ 391,810.00$ -$ -$ -$ -$ -$ -$ 762,120$ Pedestrian Ways & Bikepaths 5 594,567.00$ 70,837.00$ -$ -$ -$ -$ 39,552.00$ -$ -$ -$ -$ -$ -$ 704,956$ Storm Drains 6 187,195.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 187,195$ Storm Damage 7 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 1,414,009.00$ 121,532.00$ 50,164.00$ -$ 296,987.00$ -$ 435,889.00$ -$ -$ -$ -$ -$ -$ 2,318,581$ Right of Way Acquisition 9 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10 1,414,009.00$ 121,532.00$ 50,164.00$ -$ 296,987.00$ -$ 435,889.00$ -$ -$ -$ -$ -$ -$ 2,318,581$ Patching 11 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Overlay & Sealing 12 490,308.00$ -$ -$ -$ -$ -$ 2,012,269.00$ (105,712.00)$ -$ -$ -$ -$ -$ 2,396,865$ Street Lights & Traffic Signals 13 2,069,337.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2,069,337$ Storm Damage 14 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Other Street Purpose Maintenance 15 4,812,062.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4,812,062$ 16 7,371,707.00$ -$ -$ -$ -$ -$ 2,012,269.00$ (105,712.00)$ -$ -$ -$ -$ -$ 9,278,264$ 17 -$ -$ -$ -$ -$ -$ -$ -$ -$ 110,719.49$ 216.90$ -$ 110,936$ 18 9,989,395$ 121,532$ 50,164$ -$ 296,987$ -$ 2,792,772$ (105,712)$ -$ -$ 110,719$ 217$ -$ 13,256,074$ 19 1 Includes direct charges for staff time Legend
2 Other M2 includes A-M, R,S,T,U,V, and W Project
+ Transportation related only A-M
* Please provide a specific description O
P
Q
R
S
T
U
V
W
X
Finance Director Confirmation
Any California State Constitution Article XIX streets and road eligible expenditure may be “counted” in local jurisdictions’ calculation of MOE if the activity is supported (funded) by a local jurisdictions’ discretionary funds (e.g. general fund). The California State Controller also provides useful information on Article XIX and the Streets and Highways Code eligible expenditures in its “Guidelines Relating to Gas Tax Expenditures for Cities and Counties”. I have reviewed and am aware of these guidelines and their applicability in calculating and reporting on Maintenance of Effort expenditures.
Finance Director initial: _______________
Description
Transit Extensions to Metrolink
Safe Transit Stops
High Frequency Metrolink Service
Environmental Cleanup Program (Water Quality)
Senior Mobility Program or Senior Non-Emergency Medical Program Community Based Transit/Circulators
Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems
Freeway Projects
Regional Capacity Program (RCP)
Local Fair Share
Regional Traffic Signal Synchronization Program (RTSSP) Other
Total Maintenance1
GRAND TOTALS (Sum Lines 1, 10, 16, 17)
Type of Expenditure
Indirect and/or Overhead
Construction & Right-of-Way
Total Construction1
Total Construction & Right-of-Way
Maintenance
127
City of Costa Mesa
M2 Expenditure Report
Fiscal Year Ended June 30, 2022
Local Fair Share Project List
Schedule 4
PROJECT NAME AMOUNT EXPENDED
Street Maintenance Citywide - #400015 1,630,668.00$
Alley Maintenance Citywide- # 400012 275,889.00$
Adams at Pinecreek Improvement (Intersection improve.) -#300174 4,527.00$ Adams Ave Bicycle Facility Project (Class II Bike Lanes) #450014 39,552.00$ Neighborhood Traffic Improvement (Signs, approved speed humps) #300163 41,269.00$ Baker/ Randolph Traffic Sig Installation -#370054 300,000.00$ Citywide Traffic Signal Improvement #370058 32,036.00$
West 19th St. Wallace Ave Traffic Signal # 370059 18,505.00$ Staff Time/ Admin Costs 344,613.84$
2,687,059.84$
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129
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-960 Meeting Date: 12/6/2022
TITLE:
CLEAN CALIFORNIA MAINTENANCE AGREEMENT
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:
Staff recommends the City Council:
1. Approve the Clean California Maintenance Agreement between the City of Costa Mesa (City) and the California Department of Transportation (Caltrans).
2. Award a Maintenance Services Agreement (MSA) to The Sayler Group Corporation, 28699 Fieldgrass Street, Menifee, California 92584 in the not-to-exceed amount of $150,000.
3. Authorize the revenue and expense appropriations in the amounts of $150,000 respectively, for the maintenance agreement with Caltrans.
4. Authorize the City Manager and City Clerk to execute both agreements and future amendments within Council authorized limits.
BACKGROUND:
Over the course of several years, the appearance of trash and debris has been an ongoing issue along the Caltrans freeway rights-of-way, such as the SR 55, SR 73, and I-405 freeways. Trash pick-up by Caltrans crews was being conducted on a somewhat regular basis; however, during the COVID 19 pandemic, it became more infrequent due to staffing shortages. As a result, there have been long periods with little to no trash or debris being collected along major freeways.
The City Manager’sOffice and the Department of Public Works have held meetings with Caltrans staff requesting more frequent trash and debris collection. Staffing and resource issues have prevented Caltrans to fulfill the City’srequests; however, Caltrans informed the City about a state program that helps beautify areas within state and interstate highways, known as the Clean California Beautification Program wherein cities can perform debris and trash removal along State owned rights-of-way and obtain reimbursement by the State through this program. As such, Staff requested funding from Caltrans under this program for cleaning various on and off-ramps within the City.
In addition, Public Works staff released an Invitation for Bid on September 29, 2022 (Exhibit A in
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File #: 22-960 Meeting Date: 12/6/2022
In addition, Public Works staff released an Invitation for Bid on September 29, 2022 (Exhibit A in Attachment 2) assigned to pick-up trash and debris along the Caltrans freeway rights-of-way for this specific purpose.
ANALYSIS:
The City was successful in securing $150,000 from the Clean California Beautification Program for trash and debris removal within Caltrans rights-of-way in the City. The attached Clean California Maintenance Agreement (CCMA) was prepared to document the funding, roles, and responsibilities of Caltrans and the City.
As part of this agreement, Caltrans will reimburse the City up to $150,000 for the cost of cleanup of trash and debris along Caltrans freeway rights-of-way by the City’s designated landscaping contractor used for this exclusive purpose. The freeways eligible for cleanup and trash removal are the SR 55, SR 73, and I-405. Page 10 of the CCMA or Attachment 1 (Exhibit A-1) shows a map of the areas eligible for trash and debris clean-up.
The City Attorney’soffice and Caltrans’legal department have reviewed the CCMA and agreed to its final draft.
Public Works staff subsequently released an Invitation for Bid on September 29, 2022 (Exhibit A in Attachment 2) to perform the trash and debris pick-up along the Caltrans freeway rights-of-way.
The selected contractor will be contracted by the City, and Caltrans will then reimburse the City.
Upon the release and publication of the Invitation for Bid, two (2) bidders submitted bids on October 17, 2022: Mayfield Environmental Engineering and The Sayler Group Corporation.
The Sayler Group Corporation submitted the low bid based on a rate of $36 per hour for a one (1) worker crew, and $36 per hour for each additional crew member. The anticipated working times is eight (8) hours per day, five (5) days per week.
Public Works staff reviewed references from The Sayler Group and determined that this contractor is qualified to perform work in the City.
The Maintenance Services Agreement (MSA) is presented in Attachment 2.
ALTERNATIVES:
The City may elect not to enter into the CCMA with Caltrans. Staff does not recommend this alternative, as that would result in continuation of trash and debris along Caltrans rights-of-way.
FISCAL REVIEW:
Upon approval by City Council, staff will establish revenue and expense appropriations in the State Grant Fund (Fund 231) in the amounts of $150,000 respectively, to provide funding for this agreement. Caltrans will reimburse up to $150,000 for the freeway rights-of-way cleanup costs to the City.
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File #: 22-960 Meeting Date: 12/6/2022
LEGAL REVIEW:
The City Attorney’s Office has reviewed the CCMA and approves it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This agreement works toward achieving the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:
Staff recommends the City Council:
1. Approve the Clean California Maintenance Agreement (Attachment 1) between the City of Costa Mesa (City) and the California Department of Transportation (Caltrans).
2. Award a Maintenance Services Agreement (MSA) to The Sayler Group Corporation, 28699 Fieldgrass Street, Menifee, California 92584 in the not-to-exceed amount of $150,000 (Attachment 2).
3. Authorize the revenue and expense appropriations in the amounts of $150,000 respectively, for the maintenance agreement with Caltrans.
4. Authorize the City Manager and City Clerk to execute both agreements and future amendments within Council authorized limits.
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CLEAN CALIFORNIA MAINTENANCE AGREEMENT
WITH THE CITY OF COSTA MESA
This CLEAN CALIFORNIA MAINTENANCE AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the CITY of Costa Mesa(“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”
RECITALS
1. This AGREEMENT will identify the specific maintenance functions STATE requests LOCAL AGENCY to perform in the STATE right of way, including highway and freeway areas situated within LOCAL AGENCY’S jurisdictional limits as authorized in Streets and Highways Code Section 130.
2. Pursuant to the “Clean California Beautification Program of 2021,” the PARTIES desire to identify specific mission-critical maintenance services LOCAL AGENCY will perform on and around STATE right of way situated within LOCAL AGENCY’s jurisdictional limits.
OPERATIVE PROVISIONS
1. Maintenance Services. LOCAL AGENCY shall perform litter, debris, and graffiti removal at the State Route(s) (SR), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A. LOCAL AGENCY shall remove and discard litter and debris, including, but not limited to: furniture, appliances, tire casings, bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food packages and garbage.
2. Maintenance Standards. LOCAL AGENCY shall perform all maintenance services in compliance with the provisions of Streets and Highways Code Section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.
3. Prior Maintenance Agreements. The PARTIES agree that this AGREEMENT does not supersede the PARTIES’ existing Delegated Maintenance Agreement or other maintenance agreements, if any.
4. Maintenance Areas. LOCAL AGENCY shall only perform maintenance services in the STATE Right of Way locations described in Exhibit A and listed in Exhibit B.
5. Amendment to Agreement. Changes to LOCAL AGENCY’s maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibits A and B and/or executing additional pages to Exhibits A 1 ATTACHMENT 1
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and B that shall be attached to this AGREEMENT and will supersede the original Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE’s District Maintenance Agreement Coordinator (DMAC)(Zach Paul) must obtain prior written approval of any amendments from the District 12 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT.
6. Party Representatives and Notices.
LOCAL AGENCY’s Project Manager is:__Robert Ryan____________________ STATE’s DMAC (or other title) is: Zach Paul
All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows:
LOCAL AGENCY
Attn: Name of Project Manager: Robert Ryan, Maintenance Services Manager
Address: 77 Fair Drive, Public Works Dept., 4th Floor
City, Zip: Costa Mesa, CA 92626
STATE
Attn: Name of DMAC (or other title): Zach Paul
Address: 1750 East Fourth Street, Ste 100
City, Zip: Santa Ana, CA 92705
7. Excluded Maintenance Activities.
7.1 Unsheltered Encampment Relocation. LOCAL AGENCY shall not engage in any activities to relocate any persons experiencing homelessness who are situated within STATE Right of Way. LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s “Interim Guidance on Encampments, Prioritizing and Addressing Encampments on Caltrans- owned Property,” dated July 2021, and as may be amended during the term of this AGREEMENT (Interim Guidance).
7.2 Abandoned Encampments . If LOCAL AGENCY encounters abandoned homeless encampments at or within STATE Right of Way, LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s 2 ATTACHMENT 1
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Interim Guidance, including but not limited to coordination with STATE and the local California Highway Patrol.
7.3 Hazardous Material Clean up . LOCAL AGENCY shall not engage in any hazardous material clean-up activities. If LOCAL AGENCY encounters any hazardous materials, including but not limited to bloodborne pathogens, biological waste, feces, syringes, needles, sharp objects or unknown substances during maintenance services performed under this AGREEMENT, LOCAL AGENCY shall immediately contact STATE’s District Hazardous Material Manager for appropriate action.
7.4 Weed Abatement. LOCAL AGENCY shall not perform any weed abatement, remove overgrown brush, trees, grass and limbs or conduct any spraying, grading, mowing or discing for any maintenance services within STATE Right of Way.
8. Graffiti Removal. LOCAL AGENCY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District ____Transportation Art Coordinator before conducting any graffiti removal or remediation. STATE shall pay the actual cost of LOCAL AGENCY’s graffiti removal as specified in Section 11 of this AGREEMENT.
9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 12 Area Maintenance Superintendent, Chris Bunning, at least twenty-four (24) hour prior telephone or email notice before performing any maintenance services under this AGREEMENT. His/her email and phone number are: (714) 708-5704 , [email protected]. LOCAL AGENCY shall provide the DMAC identified in this AGREEMENT with a litter, debris and graffiti removal schedule.
Maintenance services shall be provided at a minimum weekly basis.
Maintenance services shall be performed between the hours of 6:00 am and 6:00 pm and may be performed on weekends and holidays if necessary.
LOCAL AGENCY must request through the Area Maintenance Superintendent a prior written approval from STATE’s District Maintenance Supervisor to perform any maintenance services before 6:00 am or after 6:00 pm.
10.Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibits A and B and amounts appropriated to STATE pursuant to the Clean California Beautification Program of 2021have been considered in setting authorized total dollar amounts.
LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.
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11.Cost Reimbursement . STATE shall reimburse LOCAL AGENCY for LOCAL AGENCY’s actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE’s reimbursement shall not exceed the maximum authorized expenditures listed in Exhibit B.
11.1 Amendment to Approved Expenditures. Upon LOCAL AGENCY’s written request, the expenditures per route for maintenance services set forth in Exhibits A and B may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such adjustments must be authorized in writing by the District Director or his/her authorized representative.
11.2 Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this AGREEMENT and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Exhibits A and B. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT.
12.Billing, Payment and Reporting.
12.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s DMAC each (month/quarter) beginning after the first (month/quarter) LOCAL AGENCY has performed maintenance services under this AGREEMENT.
LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’s fiscal year on each June 30th.
12.2 Billing Submission Format. Each billing invoice shall include all of the following:
(a) STATE’s Clean California Program Code: CLEANCADMA; (b) AGREEMENT number 12-22-HS003;
(c) Date(s) of services;
(d) Location of services;
(e) Number of hours and hourly rates;
(f) Receipts for trash disposal;
(g) Receipts for equipment, materials and supplies; and (h) LOCAL AGENCY’s Performance Report that includes the information required under section 15 of this AGREEMENT.
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STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibits A and B.
13.Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE Right of Way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.
14.Encroachment Permits. Before LOCAL AGENCY may enter STATE Right of Way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’s District 12 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT. STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY’s contractors and sub-contractors must apply for and be issued separate encroachment permits before they may enter STATE Right of Way to perform any maintenance or work under this AGREEMENT.
15.Performance Monitoring. LOCAL AGENCY shall prepare a Performance Report to record and report the quantity and description of litter, debris, and graffiti removed and maintenance services performed at each clean-up site and location set forth in Exhibits A and B. This Performance Report shall include dated and executed documents demonstrating the weight and/or amount of litter, debris, and graffiti removed, including disposal receipts from authorized disposal sites and/or landfills. The DMAC (or other title i.e; RESOURCE MANAGER) may also request that LOCAL AGENCY provide photographs of the sites taken before and after LOCAL AGENCY’s maintenance services are performed.
16.Legal Disposal of Litter Collected.
LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.
17. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state 5 ATTACHMENT 1
137
and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines. LOCAL AGENCY shall make arrangements through the DMAC if traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services.
18. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibit B.
19. Legal Relations and Responsibilities.
19.1 No Third-party Beneficiaries . This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT, nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.
19.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.
Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this Agreement.
19.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, 6 ATTACHMENT 1
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LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the DMAC (or other title) within twenty-four (24) hours when any such incident has occurred.
20.Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.
21.Insurance.3 LOCAL AGENCY and its contractors and subcontractors shall maintain in force during the term of this AGREEMENT a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.
23. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT for convenience or for cause upon thirty (30) day prior written notice to LOCAL AGENCY. LOCAL AGENCY may terminate this AGREEMENT upon thirty (30) day prior written notice to STATE.
24.Term of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT and shall expire on June 30, 2024, unless terminated or amended.
25.Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.
26.Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
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27.Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.
THE LOCAL AGENCY OF Costa Mesa
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dated:
Dated:
City Manager Bobi C. Hettick
District Deputy Director,
Maintenance &
Operations
District 12
INITIATED AND APPROVED:
Dated:
Local Agency Clerk
8 ATTACHMENT 1
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EXHIBIT A
Route
No.
Length
Miles
Description of Routing Program Code
55 3.3 Costa Mesa – R2.7-R6
22nd/Victoria ramp interchange to Baker
Street ramp interchange
CLEANCADMA
73 1.2 Costa Mesa – R26.1-R27.3
SR-55 quadrants to Bear Street undercrossing.
CLEANCADMA
405 1.0 Costa Mesa – 8.8-9.8
Avenue of the Arts ramp interchange to
Bristol Ramp Interchange
CLEANCADMA
9 ATTACHMENT 1
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ATTACHMENT 1
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EXHIBIT B
BREAKDOWN & LISTING OF MAINTENANCE TASKS
Rte
No.
Post Miles Litter
Disposal
Large
Items
Graffiti
Sq. Ft.
Traffic
Control
Maximum
Authorized
Expenditures
73 S/B
@ 55
ONRAMP
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL COST
55 N/B
@22ND
OFFRAMP
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL COST
55 N/B
@ DEL MAR
OFFRAMP
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL COST
55 N/B
@ BAKER
OFFRAMP
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL COST
73 N/B
@ BEAR
OFFRAMP
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL COST
405
S/B
@ BRISTOL
OFFRAMP
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL COST
405
N/B
@ AVE OF
THE ARTS
OFFRAMP
LOCAL
AGENCY
LOCAL
AGENCY
NA NA ACTUAL COST
TOTAL MAXIMUM AUTHORIZED EXPENDITURES $150,000
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Form Rev. 11-18-21
CITY OF COSTA MESA
MAINTENANCE SERVICES AGREEMENT
WITH
THE SAYLER GROUP, CORP.
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of January, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and THE SAYLER GROUP, CORP., a California corporation (“Contractor”).
W I T N E S S E T H :
A. City proposes to utilize the services of Contractor as an independent contractor to provide maintenance of City property, as more fully described herein; and B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the services and desire to set forth their rights, duties and liabilities in connection with the performance of such services; and D. No official or em ployee of C ity has a f inancial interest, within the pr ovisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and i n consideration o f the m utual covenants and conditions co
ntained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the services described in the City’s Invitation For Bid ("IFB") attached hereto as Exhibit “A,” and Contractor’s response to City’s IFB (the “Proposal
”) attached hereto as Exhibit “B,” both incorporated herein (the “Services”).
1.2. P revailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the pay ment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages . Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, ATTACHMENT 2
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Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s).
(c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776.
(f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.
1.3. Performance to Satisfaction of City . Contractor agrees to perform all the work to the complete satisfaction of City. Evaluations of the wor k will be done by City ’s Maintenance Services Manager or his or her designee. If the quality of work is not satisfactory, City in its 145
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discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Compliance with Applicable Law . Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable federal and state employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers ’ compensation insurance and safety in employment; and all other applicable federal, state and local laws and ordinances applicable to the services required under this Agreement . Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys ’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement . Contractor acknowledges that City may enter into agreements with other contractors for services similar to the Services in this Agreement or may have its own employees perform services similar to those Services contemplated by this Agreement.
1.7. Delegation and Assignment . Contractor may not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City.
Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit B. Contractor’s total compensation shall not exceed One Hundred and Fifty Thousand Dollars ($150,000.00).
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this Agreement as provided herein. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
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2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the Services performed , the date of performance, and the associated time for completion.
2.4. Records and Audits. Records of Contractor’s S ervices shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutual ly convenient times throughout the term of this Agreement through three (3) years after its termination.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The S ervices shall be performed in strict compliance with Exhibits A and B. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of eighteen (18) months , ending on June 30, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor . The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.
In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance . Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best ’s Key Insurance Rating Guide, and approved by City:
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(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non- owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers ’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor p ursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “ Contractor’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the ins urance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
(e) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
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5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-limiting. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provisions contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons o r property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
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The Sayler Group
28699 Fieldgrass Street
Menifee, CA 92584
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (949) 534-5299 Tel: (714) 754-7499
Attn: Tom Carney Attn: Robert Ryan
Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
6.5. Drug-free Workplace Policy . Contractor shall provide a drug -free workplace by complying with all provisions set forth in City ’s Council Policy 100-5, attached hereto as Exhibit “C” and incorporated herein by reference. Contractor’s failure to conform to the requirements set forth in Council Policy 100 -5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor ’s interest in this Agreement without City ’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by C ontractor hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor , its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or mi sconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, 150
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complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor , its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City ’s specifications or Contractor ’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor . Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
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6.13. Conflict of Interest . Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.17. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.18. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.19. Headings. H eadings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.20. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.21. Amendments . Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of 152
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this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.25. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signature page follows.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONTRACTOR
__________________________________ 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
APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Robert Ryan
Project Manager
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DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
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EXHIBIT A
INVITATION FOR BID
156
157
158
159
160
161
162
163
164
165
166
167
168
EXHIBIT B
CONTRACTOR’S PROPOSAL
169
170
171
172
173
174
175
176
177
178
179
180
EXHIBIT C
CITY COUNCIL POLICY 100-5
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BACKGROUND
Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub- grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug- free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.
1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
1 of 3
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SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
2 of 3
b. Establishing a Drug-Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs; and
4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;
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SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
3 of 3
g. Making a good faith effort to maintain a drug- free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above;
b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub- grantee has failed to make a good faith effort to provide a drug-free workplace.
3. Should any contractor and/or sub- grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.
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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-969 Meeting Date: 12/6/2022
TITLE:
ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE COUNTY OF
ORANGE FOR CITY PROJECTS
DEPARTMENT: PUBLIC WORKS DEPARTMENT
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR, (714) 754- 5343
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the projects for the proposed allocation of American Rescue Plan Act (ARPA) funds from the County of Orange.
2. Authorize the City Manager to negotiate agreements and appropriate eligible ARPA funds that were allocated to the County through the Office of Supervisor Foley for two City projects.
BACKGROUND:
Orange County Supervisor Katrina Foley contacted the City regarding the availability of ARPA funding that could be allocated for City projects. Staff developed a list of several projects for potential funding and submitted them to the Office of Supervisor Foley for consideration.
ANALYSIS:
A meeting was held with Supervisor Foley and her staff as well as County executives to discuss various City needs and priorities. The following two projects were selected by the Supervisor for funding:
1. Lions Park Café: Estimated Cost: $1,200,000
The Lions Park Campus is home to the Donald Dungan Library, which is part of the Orange County Public Library system; the Norma Hertzog Community Center, a one-acre park, Downtown Aquatics Center, Downtown Recreation Center, Luke Davis Field, and the Costa Mesa Historical Society. This active campus is visited by library patrons from all over the County, who not only enjoy this beautiful facility, but also participate in outdoor events and programing provided by the Parks and Community Services Department. Additionally, the community center improvements were recently completed to facilitate rentals for weddings, celebrations and special events, generating revenue for the City and in the future improving services.
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The original design for the Campus designates a specific area for amenities such as a café with outdoor dining to complement the adjacent event lawn and Lions Park Campus, which would allow for the additional revitalization of a disproportionately impacted community and improve services for residents.
2. Costa Mesa Skate Park Expansion: Estimated Cost: $2,000,000 The success of the existing skate park at TeWinkle Park is demonstrated by the number of users that frequent the park. This park amenity welcomes skaters from all over Orange County. The different elements that were incorporated in a very compact footprint and the quality of the work have contributed to its success. Skaters of all ages, and their families enjoy the park too. A great need exists for a dedicated area for young/beginner skaters that will promote increased physical activity that improves healthy outcomes. The expanded area will also include new elements like a pump track, among other amenities.
As with the original design, the proposed expansion will be designed in collaboration with the skating community, as well as the community to make sure the new elements are current, long lasting and compatible with other nearby amenities.
According to County staff, the funding must be expended by December 2026. The Orange County Board of Supervisors will approve the projects at a December 2022 meeting and necessary agreements will be executed in early 2023.
Staff requests City Council approval of the two projects selected for County ARPA funding and to authorize the City Manager to execute the necessary agreements and accept the funds.
ALTERNATIVES:
City Council could choose to not approve the County’srecommendations. However, this alternative is not recommended as it would result in a lost opportunity for the City to receive funding to enhance its park and open space amenities.
FISCAL REVIEW:
The Grant Amount is contingent on:
1. The execution of a Revenue Sharing Agreement before the completion of the construction of the Lions Park Café that shall provide the County, through its OC Public Libraries, will receive 50% of the Lions Park Café’s net revenues on an ongoing basis for library materials and programming; and,
2. If the expansion of the Skate Park results in the operation of any concession stands, any net revenue generated by the concession stands will be used exclusively for Skate Park maintenance or operating costs.
It is not anticipated that approval of the recommended actions will have a fiscal impact as these are one-time costs for capital projects.
Public Works Staff will request the City Council to approve and adopt the proposed capital projects
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File #: 22-969 Meeting Date: 12/6/2022
along with a scope, budget, and timeline, at a future meeting.
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 supports the following City Council Goal:
· Strengthen the Public's Safety and Improve the Quality of Life CONCLUSION:
Staff recommends the City Council:
1. Approve the projects for the proposed allocation of American Rescue Plan Act (ARPA) funds from the County of Orange.
2. Authorize the City Manager to negotiate agreements and appropriate eligible ARPA funds that were allocated to the County through the Office of Supervisor Foley for two City projects.
187
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-970 Meeting Date: 12/6/2022
TITLE:
ADOPT A RESOLUTION FOR THE APPLICATION OF SPECIFIED GRANT FUNDS FROM THE
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
DEPARTMENT: PUBLIC WORKS DEPARTMENT /ADMINISTRATION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, CITY ENGINEER, (714) 754-5335 RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution No. 2022-xx for the formal submittal of a grant application to the California Department of Parks and Recreation Specified Grant Program for $10,000,000 in grant funds for improvements at the Jack Hammett Sports Complex, TeWinkle Park and Athletic Complex, Fairview Park, Shalimar Park; and $1,200,000 in grant funds to expand and upgrade the Ketchum - Libolt Park (Grant-Funded Projects).
2. Delegate authority to the City Manager, or her designee, as the agent of the City, and under City Council direction, to accept grant funds, conduct all negotiations, and execute and submit all documents including, but not limited to, applications, agreements, deed restrictions, amendments, and payment requests which may be necessary for the completion of the upgrades at Grant- Funded Projects, in order to expend all funds by the statutory deadlines.
BACKGROUND:
Senator Min, representing the 37th District that includes the City of Costa Mesa, secured an appropriation of $10 million for park improvements in the 2022-23 California state budget at four sites comprised of: the Jack Hammett Sports Complex; TeWinkle Park and Athletic Complex; Fairview Park; and, Shalimar Park. According to Senator Min’soffice, “thefunding allows for Citywide overhaul of key projects aimed at improving access to open space and recreation amenities throughout Costa Mesa, including the expansion of Shalimar Park, which serves disadvantaged neighborhoods lacking open space.”
While the $10 million in funding provided by the State is not itemized by site or potential projects in detail, the funding is restricted for projects at these park sites only, and must include a few key projects that the City and Senator Min have reached tentative agreement on that are consistent with his legislative priority to fund projects that support parks, open space and environmental
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sustainability including the following:
· Athletic Field Lighting Upgrade to LED- Replace current sports field lighting at Jack Hammett Sports Complex, and the TeWinkle Athletic Complex with LED lighting, to increase total playable hours for school physical fitness, recreational and competitive sports.
· Funding will be utilized towards the Fairview Park Cliff and Bluff Restoration, Fairview Park Mesa Restoration - These projects include restoration and renovation of approximately 30 acres of rapidly eroding cliffs along the northern edge of Fairview Park. The project would also include the removal of stored fill (soils) and site remediation over approximately 35 acres of upper mesa grasslands on a Nationally recognized archeological site.
· Improvements to Shalimar Park - includes a park expansion and/or rehabilitation of the entire park. These improvements are critical to the Westside given the current lack of open space.
As these projects are still in the very preliminary stages, it is not yet known how much these projects will cost, and how much in funds will be remaining to fund additional projects at these sites, if any.
However, it is important to note that at a minimum, the final application submitted to the State will include these projects.
Assemblywoman Cottie Petrie-Norris, representing the 74th District that includes the City of Costa Mesa, secured an appropriation of $1.2 million for upgrades to Ketchum-Libolt Park for park and recreation amenities. This will provide for significant expansion to the existing park space that will benefit adjacent neighborhoods.
The California Department of Parks and Recreation, administers these allocations that were funded by the Budget Act of 2022 through the Local Assistance Specified grant program.
While the announcement of the City’sfunding allocation was announced in July of 2022, the City was contacted by the State Department of Parks and Recreation in October 2022 with the following information and guidelines for the funded sites/projects:
· The Budget Act of 2022, Section 19.56 (b)(1)(AX) $10,000,000 to the City of Costa Mesa for the park upgrades for Jack Hammett Sports Complex, TeWinkle Park and Athletic Complex, Fairview Park, and Shalimar Park; and
· The Budget Act of 2022, Item 3790-101-0001 as amended by AB 179, Section 19.56 (16)(B) $1,200,000 to the City of Costa Mesa for the Ketchum-Libolt Park Upgrades.
While the State budget identifies these appropriations, the City has to follow the following procedures prior to initiating any and all projects:
1. Adopt a resolution authorizing the preparation of a formal application for projects for the total amount of $11,200,000 for projects under the Specified Grant Program.
2. Upon receipt of Resolution, the State department will initiate contracts with the City.
3. The City completes applications and following acceptance of the applications and Scope of Work, funding will be secured for the City.
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File #: 22-970 Meeting Date: 12/6/2022
ANALYSIS:
Senator Min secured $10 million in State funding for projects at Jack Hammett Sports Complex, TeWinkle Park and Athletic Complex, Fairview Park and Shalimar Park. Asssemblywoman Cottie Petrie-Norris secured $1.2 million for upgrades at Ketchum-Libolt Park. While these sites have funding appropriated in the State budget, it will not be available until a City Council Resolution authorizing preparation and submittal of a formal project application is adopted and submitted to the Office of Grants and Local Services (OGALS) for these amounts. The resolution authorizes the Public Works Director, or his designee, after receiving City Council direction, to conduct all negotiations and take appropriate actions as necessary to execute and submit all documents for the projects. It also certifies that the City has or will have sufficient funds to operate and maintain the projects moving forward.
Following submission of the resolution to OGALS, the next step is to conduct public meetings including Study Session(s) with the City Council, in early 2023, and any other public meetings as deemed necessary, to obtain further Council direction and community input regarding the proposed projects and funding allocations. This information along with further refined cost details for each site and project would be prepared and approved by the City Council before any formal applications are submitted to OGALS.
The projects have a recommended completion date of December 31, 2025, with the project completion packets due to OGALS no later than January 31, 2026. Staff requests City Council approval of the resolution in order to meet the project completion deadlines.
ALTERNATIVES:
City Council could choose to not adopt the proposed resolution. However, this alternative is not recommended as it would result in the City’sproject application being declined and render the City ineligible to secure the approved grant fund.
FISCAL REVIEW:
The Department will return to the City Council to approve and adopt the proposed capital project and include relevant information of the scope, budget, and timeline for each project, including ongoing maintenance costs, if any.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and resolution and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public's Safety and Improve the Quality of Life
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File #: 22-970 Meeting Date: 12/6/2022
CONCLUSION:
Staff recommends the City Council:
1. Adopt Resolution No. 2022-xx for the submittal of a grant application to the California Department of Parks and Recreation Specified Grant Program for $10,000,000 in grant funds for the upgrades at Jack Hammett Sports Complex, TeWinkle Park and Athletic Complex, Fairview Park, Shalimar Park; and $1,200,000 in grant funds to expand and upgrade the Ketchum- Libolt Park (Grant-Funded Projects)
2. Delegate authority to the City Manager, or her designee, as the agent of the City, under City Council direction, to accept grant funds, conduct all negotiations, and execute and submit all documents including, but not limited to, applications, agreements, deed restrictions, amendments, and payment requests which may be necessary for the completion of the upgrades at Grant- Funded Projects.
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ATTACHMENT 1
Resolution No. 2022-xx Page 1 of 2
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT 2022/23
The Budget Act of 2022, Section 19.56 (b)(1)(AX) $10,000,000 to the City of Costa Mesa for the park upgrades for Jack Hammett Sports Complex, TeWinkle Park and Athletic Complex, Fairview Park Mesa, and Shalimar Park.
The Budget Act of 2022, item 3790-101-0001 as amended by AB 179, Section 19.56 (16)(B) $1,200,000 to the City of Costa Mesa for the Ketchum-Libolt Park Upgrades.
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Costa Mesa, setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
1. Approves the filing of project application(s) for specified grant project(s); and
2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specifi ed grant funds, sufficient funds , including those provided by this grant, to complete the project; and
3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and
4. Delegates the authority to the City Manager or her designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
PASSED AND ADOPTED this 6th day of December, 2022.
____________________________
John Stephens, Mayor
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ATTACHMENT 1
Resolution No. 2022-xx Page 2 of 2
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
THIS PAGE IS RESERVED FOR CITY CLERK’S OFFICE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2022 -xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 6th day of December, 2022, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 7th day of December, 2022.
________________________
Brenda Green, City Clerk
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