Agenda Packet — Costa Mesa City Council, January 17, 2023 (part 1 of 5)

CITY OF COSTA MESA

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, COSTA MESA PUBLIC FINANCING

AUTHORITY, COSTA MESA FINANCING AUTHORITY, AND

HOUSING AUTHORITY
Agenda - Final
City Council Chambers
77 Fair Drive
Tuesday, January 17, 2023 6:00 PM
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Zoom Webinar. Pursuant to the State of California Assembly Bill 361(Gov. Code §54953(b)(3)) the City Council Members and staff may choose to participate in person or by video conference.

You may participate via the following options:

1. Attending in person: Attendees are encouraged to wear masks at their discretion. If you are feeling ill, or if you've been exposed to someone with COVID-19, you may still participate in the meeting via Zoom.

2. Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

3. Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 983 7639 0419/ Password: 905283
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting

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SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY, COSTA

MESA PUBLIC FINANCING AUTHORITY,

COSTA MESA FINANCING AUTHORITY,

AND HOUSING AUTHORITY
Agenda - Final January 17, 2023
begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

4. Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected]. Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

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

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

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AND HOUSING AUTHORITY
Agenda - Final January 17, 2023
conversation.

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

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

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

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

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

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

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

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AND HOUSING AUTHORITY
Agenda - Final January 17, 2023
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9, (d)(1) Name of Case: SoCal Recovery, LLC, a California limited liability company v. City of Costa Mesa, United States District Court, Central District of California, Case No. 8:18-cv-01304-JVS-PJW.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9, (d)(1) Name of Case: Raw Recovery, LLC et al v. City of Costa Mesa, United States District Court, Central District of California, Case No. 8:18-cv-01080-JVS-AGR

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. Ohio House, LLC, a California limited liability corporation; Richard Perlin, Nancy Perlin, Dolores Perlin, and Brandon Stump as individuals, Orange County Superior Court Case No. 30-2018-01006173-CU-OR-NJC.

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa, U.S. District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE

5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

6. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Firefighters Association (CMFA).

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Agenda - Final January 17, 2023

7. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Firefighters Management Association (CMFMA).

8. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Management Association (CMPMA).

9. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Management Association (CMDMA).

10. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Unrepresented Executive Employees

11. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Confidential Management Unit

12. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Unrepresented Part Time Employees

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AND HOUSING AUTHORITY
Agenda - Final January 17, 2023

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY, COSTA MESA PUBLIC FINANCING

AUTHORITY, COSTA MESA FINANCING AUTHORITY, AND HOUSING

AUTHORITY
January 17, 2023 – 6:00 P.M.

JOHN STEPHENS
Mayor

JEFFREY HARLAN ANDREA MARR
Mayor Pro Tem - District 6 Council Member - District 3

MANUEL CHAVEZ LOREN GAMEROS
Council Member - District 4 Council Member - District 2

ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Led by Chara Wondercheck

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.]
Led by The Rev. Dr. George Okusi, St. John the Divine Episcopal Church

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

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Agenda - Final January 17, 2023

1. 23-1001
Attachments: 1. Proclamation: Martin Luther King Jr. Day

2. 23-1002
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments are limited to 3 minutes, or as otherwise directed.

Comments on Consent Calendar items may also be heard at this time.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 4 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Reynolds

2. Council Member Chavez

3. Council Member Gameros

4. Council Member Harper

5. Council Member Marr

6. Mayor Pro Tem Harlan

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-12)
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
23-987
RECOMMENDATION:

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

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Agenda - Final January 17, 2023
Attachments: Agenda Report

2. READING FOLDER 23-988
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Jessica Garten, National General Insurance, Gabrielle Talbert, Kyle Wong.

Attachments: Agenda Report

3. ADOPTION OF WARRANT RESOLUTION 23-999
RECOMMENDATION:

City Council approve Warrant Resolution No. 2692.

Agenda Report

1. Summary Check Register week of November 28 2022

2. Summary Check Register week of December 05 2022

3. Summary Check Register week of December 12 2022

4. Summary Check Register week of December 19 2022

5. Summary Check Register week of December 26 2022
Attachments:

4. MINUTES 23-989
RECOMMENDATION:

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

Agenda Report

1. 12-06-2022 Draft Minutes
Attachments:

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
23-990
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:

1. The current State of Emergency and global pandemic, which continues to

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Agenda - Final January 17, 2023
directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and

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

Agenda Report

1. Resolution No. 2022-62
Attachments:

6. request to reschedule the city council study session meeting of february 14, 2023 to february 15, 2023
23-991
RECOMMENDATION:

Staff recommends the City Council reschedule the City Council Study Session meeting of Tuesday, February 14, 2023 to Wednesday, February 15, 2023.

Attachments: Agenda Report

7. MONTHLY UPDATE OF STRATEGIC PLAN GOALS AND

OBJECTIVES
22-931
RECOMMENDATION:

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

Agenda Report

1. Strategic Objectives Update January 2023
Attachments:

8. AGREEMENT FOR A SCHOOL RESOURCE OFFICER PROGRAM

BETWEEN THE CITY OF COSTA MESA AND NEWPORT-MESA
UNIFIED SCHOOL DISTRICT FOR FISCAL YEAR 2022-2023
23-981
RECOMMENDATION:

Staff recommends City Council:

1. Approve the agreement for a School Resource Officer (SRO) Program between the City of Costa Mesa and Newport-Mesa Unified School District (NMUSD) for Fiscal Year 2022-2023.

2. Authorize the City Manager to execute the agreement.

Agenda Report

1. SRO Agreement FY-22-23
Attachments:

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Agenda - Final January 17, 2023

9. SOUTHERN CALIFORNIA EDISON RULE 20B PRELIMINARY

DESIGN AND ENGINEERING AGREEMENT FOR UTILITY

UNDERGROUNDING ALONG ADAMS AVENUE
23-979
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the Preliminary Design and Engineering Agreement between the City of Costa Mesa (City) and Southern California Edison Company (SCE), authorizing an advance payment of $130,000 to SCE for design of undergrounding utilities along Adams Avenue.

2. Authorize the City Manager or designee to execute the agreement and any future authorized amendments to this agreement.

Agenda Report

1. Agreement

2. Segment Limits
Attachments:

10. RESIDENTIAL PERMIT PARKING PROGRAM - PERMIT

MANAGEMENT SYSTEM
23-983
RECOMMENDATION:

Staff recommends the City Council:

1. Approve proposed Amendment No. 1 to the Professional Services Agreement with Data Ticket Inc. increasing the maximum annual compensation by $35,000 for Residential Parking Permits, for a total not-to-exceed annual amount of $135,000.

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

Agenda Report

1. Amendment No. 1 to PSA with Data Ticket
Attachments:

11. FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 23-984 RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to TDG Engineering, Inc. for professional engineering design services for Fairview Road Active

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Agenda - Final January 17, 2023
Transportation Improvements in the amount of $137,566, in substantially the form as attached and in such final form as approved by the City Attorney.

2. Authorize a ten percent (10%) contingency in the amount of $13,756 for any additional services that may be required by the project.

3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

Agenda Report

1. PSA with TDG Engineering, Inc.

Attachments:

12. ADOPT RESOLUTION APPROVING RECOGNIZED OBLIGATION
PAYMENT SCHEDULE FOR FISCAL YEAR 2023-2024 FOR THE
PERIOD OF JULY 1, 2023 TO JUNE 30, 2024
23-992
RECOMMENDATION:

Adopt Successor Agency Resolution No. 23-XX approving the Recognized Obligation Payment Schedule for Fiscal Year 2023-24 for the period of July 1, 2023 to June 30, 2024, subject to submittal to and review by the Orange Countywide Oversight Board (Oversight Board) and the State of California, Department of Finance (DOF). Further, the Finance Director, or her authorized designee, in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s), if any, with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by the DOF.

Agenda Report

1. Resolution ROPS FY 2023-24

2. ROPS Payment Schedule 23-24
Attachments:

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

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

1. AMENDMENT TO THE CITY OF COSTA MESA’S MUNICIPAL CODE 3-151 FOR APPEALS FROM POLICE CHIEF ACTIONS RELATED TO

SPECIAL ANIMAL PERMITS
23-985

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Agenda - Final January 17, 2023
RECOMMENDATION:

Staff recommends that the City Council:

Introduce for first reading the attached Ordinance No. 2023-xx to amend Section 3-151 (Appeals from Action of Police Chief) Chapter VI (Special Animal Permit) of Title 3 (Animal Regulations) of the CMMC to grant appeal authority to the City Manager in place of the City Council for Special Animal Permit related actions taken by the Chief of Police.

Agenda Report

1. Draft Ordinance 2023-xx
Attachments:

OLD BUSINESS: NONE
NEW BUSINESS:

1. AWARD OF THE PLACENTIA AVENUE, WEST 19TH STREET, AND EAST 17TH STREET PAVEMENT REHABILITATION, BICYCLE

FACILITY, AND STRIPING IMPROVEMENTS PROJECT, CITY
PROJECT NO. 22-08
23-982
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Placentia Avenue, West 19th Street, and East 17th Street Pavement Rehabilitation, Bicycle Facility, and Striping Improvements Project, City Project No. 22-08.

2. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, CA 92879 in the amount of $2,745,547.20.

3. Authorize the City Manager and City Clerk to execute the PWA (Attachment 1) for All American Asphalt and future amendments to the agreements within Council authorized limits.

4. Authorize a ten percent (10%) contingency in the amount of $274,555 for construction and unforeseen costs related to this project.

5. Find this item categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1: Existing Facilities and Class 2:

Replacement or Reconstruction.

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Agenda - Final January 17, 2023
Agenda Report

1. PWA

2. Bid Results
Attachments:

2. AWARD OF THE TRAFFIC SIGNAL AND HAWK SIGNAL
INSTALLATION PROJECT, CITY PROJECT NO. 22-07
23-980
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Traffic Signal and HAWK Signal Installation Project, City Project No. 22-07.

2. Authorize an expense appropriation in the amount of $192,037 from the Traffic Impact Fee fund balance for the project.

3. Award a construction contract to Elecnor Belco Electric, Inc., 14320 Albers Way, Chino, CA 91710, in the amount of $784,877 (Attachment 1).

4. Authorize the City Manager and City Clerk to execute the Public Works Agreement (PWA), and authorize the City Manager to execute future contract amendments within Council authorized limits.

5. Authorize an additional ten percent (10%) contingency totaling $78,488 as needed for unforeseen costs.

6. Find this item categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 3: New Construction, Class 4: Minor Alterations to Land and Cal. Code of Regs. Section 15064.3(b)(2) Transportation Projects.

Agenda Report

1. PWA

2. Bid Results
Attachments:

3. APPOINTMENTS TO THE PARKS AND COMMUNITY SERVICES,

ARTS, AND PLANNING COMMISSIONS
23-986
RECOMMENDATION:

Staff recommends the City Council make appointments as follows:

1. Parks and Community Services Commission - Make three (3) member appointments with a term expiration of January 2027 (Appointments by

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Agenda - Final January 17, 2023
Council Member Marr, Chavez, and Reynolds) and one (1) member appointment with a term expiration of January 2025 (Appointment by Mayor Stephens)

2. Arts Commission - Make one (1) member appointment with a term expiration of January 2024 (Appointment by Council Member Harper)

3. Planning Commission - Make three (3) member appointments with a term expiration of January 2027 (Appointments by Council Member Marr, Chavez, and Reynolds) and one (1) member appointment with a term expiration of January 2025 (Appointment by Mayor Stephens)
Agenda Report

1. Parks and Community Services Commission Applications

2. Arts Commission Applications

3. Planning Commission Applications
Attachments:

4. AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR

FAIRVIEW PARK MASTER PLAN UPDATE
23-994
RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement to Moore, Iacofano, Goltsman, Inc., in the amount of $314,565, for professional consulting and environmental planning services for the Fairview Park Master Plan Update project.

2. Authorize a ten-percent (10%) contingency, if needed, for unforeseen costs.

3. Authorize an additional expense appropriation of $64,565 from the Park Development Impact Fees fund balance to cover the requested contract value for the Fairview Park Master Plan Update.

4. Authorize the City Manager and the City Clerk to execute the Professional Services Agreement (Attachment 1) and future amendments to the agreement within Council-authorized limits.

Agenda Report

1. Professional Services Agreement to MIG, Inc.

Attachments:

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

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ADJOURNMENT

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Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1001 Meeting Date: 1/17/2023
TITLE:

Proclamation: Martin Luther King Jr. Day
DEPARTMENT: City Manager’s Office

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16 WHEREAS, Dr. Martin Luther King, Jr., born on January 15, 1929, dedicated his life to promoting peace, freedom, equality, and justice for all through non-violent means; and WHEREAS, Dr. King embraced the practice of non-violent civil disobedience, as practiced by Mahatma Gandhi, as an effective means of exposing and overcoming institutional racism, prejudice and injustice; and
WHEREAS, Dr. King, by his vision, intellect, electrifying oratorical skill, and selfless dedication to fairness, freedom, and justice for all, soon rose to leadership in the Civil Rights Movement; and WHEREAS, the name of Dr. King is synonymous with the Montgomery Bus Boycott of 1955, the founding of the Southern Christian Leadership Conference, the March on Washington for Jobs and Freedom in 1963, his receipt of the Noble Peace Prize in 1964, the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, his outspoken opposition to the Vietnam War, the Poor People’s Campaign for economic justice of 1968, and many more milestones in the struggle for freedom and equality; and
WHEREAS, Dr. King’s message evolved over time from one of the basic civil rights of voting and desegregation to embrace labor rights, economic and social justice, and peace and dignity for all; and WHEREAS, Dr. King was assassinated on April 4, 1968, and after fifteen years of advocacy Martin Luther King, Jr. Day was signed into law in 1983 and first celebrated as a federal holiday in 1986, but was not officially observed in all 50 states until the year 2000; and WHEREAS, Dr. King’s teachings can continue to guide and inspire us in addressing challenges in our communities.

NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa, do hereby proclaim January 15, 2023, as Martin Luther King Jr Day in the City of Costa Mesa. I encourage everyone to fight racism, hatred, intolerance, and ignorance and to uphold freedom, equality, and justice for all.

DATED this 17th day of January, 2023.
_____________________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
17 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1002 Meeting Date: 1/17/2023
TITLE:

Presentation: Recognition of Planning Commissioner Byron de Arakal DEPARTMENT: City Manager’s Office

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77 Fair Drive
Costa Mesa, CA 92626
File #: 23-987 Meeting Date: 1/17/2023
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.

Page 1 of 1 ends

19 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-987 Meeting Date: 1/17/2023
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.

Page 1 of 1 ends

20 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-988 Meeting Date: 1/17/2023
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Jessica Garten, National General Insurance, Gabrielle Talbert, Kyle Wong.

Page 1 of 1 ends

21 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-988 Meeting Date: 1/17/2023
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Jessica Garten, National General Insurance, Gabrielle Talbert, Kyle Wong.

Page 1 of 1 ends

22 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-999 Meeting Date: 1/17/2023
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. 2692.

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. 22-24 “A” Off Cycle for $ -32.02; 22-25 On Cycle for $3,189,545.26; 22- 26 On Cycle for $3,342,418.39; and 23-01 On Cycle for $3,125,922.88 and City operating expenses for $ 5,566,115.58.

Page 1 of 1 ends

23 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-999 Meeting Date: 1/17/2023
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. 2692.

BACKGROUND:

FISCAL REVIEW:

Page 1 of 1 ends

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-989 Meeting Date: 1/17/2023
TITLE:

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

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

Page 1 of 1 ends

156

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-989 Meeting Date: 1/17/2023
TITLE:

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

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

Page 1 of 1 ends

157
Minutes – Regular Meeting – December 6, 2022 Page 1 of 8

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
DECEMBER 6, 2022 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 5:00 p.m.

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.

PUBLIC COMMENTS – NONE.

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
Ms. Hall Barlow, City Attorney, stated #1, the Anticipated Litigation case is in respect to the claim filed by Alexander Gonzalez.

City Council recessed at 5:03 p.m. for Closed Session.

Closed Session adjourned at 6:00 p.m.

CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment Agency and Housing Authority meeting was called to order by Mayor Stephens at 6:05 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – Led by Mr. Brendan Ford. 158
Minutes – Regular Meeting – December 6, 2022 Page 2 of 8 MOMENT OF SOLEMN EXPRESSION – Led by Pastor Christine Wallington, Seventh Day Adventist Church.

ROLL CALL

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

Absent: Council Member Harper.

CITY ATTORNEY CLOSED SESSION REPORT - NONE.

PRESENTATIONS: NONE.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Flo Martin spoke on a car and pedestrian accident on Bristol and Town Center Drive, and requested four leg crosswalks on all major intersections.

Speaker, spoke on addressing affordable housing.

Nick Anas, representing Supervisor Foley, spoke on CC-9, regarding American Rescue Plan Act (ARPA) funds from the County of Orange.

Matt Garcia reported on the Harbor Soaring Society events.

Speaker, spoke on authorizing beekeeping.

Wendy Moore spoke on authorizing beekeeping.

Speaker, spoke on the Tennis Center Request for Proposal and the timeline.

Speaker, spoke on Measure K and the election.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds spoke on continuing efforts on safe streets, parks access, housing challenges, and engaging citizens.

Council Member Chavez thanked Supervisor Foley’s office for the grant monies, thanked the County of Orange, and thanked the Fire Department.

Council Member Gameros spoke on providing jobs and housing.

Council Member Harlan thanked all the candidates, and spoke on elections and housing.

Mayor Pro Tem Marr spoke on safe streets, reviewing the building codes, identifying resources not currently provided, assisting small businesses and streamlining processes, and thanked all volunteers who participated in the elections.
159
Minutes – Regular Meeting – December 6, 2022 Page 3 of 8 Mayor Stephens spoke on Snoopy House, spoke on the re-election of Supervisor Foley, requested an update on the Tennis Center Request for Proposals, requested an update on gliders at Fairview Park, and spoke on adjourning the meeting in memory of Les Gogerty, former CMPD Captain.

REPORT – CITY MANAGER - Ms. Farrell Harrison, congratulated the Mayor and City Council on their re-election, stated the Tennis Center Request for Proposal will be released in the next week, spoke on gliders at Fairview Park, a redesign of the website, and thanked Supervisor Foley for the grant monies.

REPORT – CITY ATTORNEY – Ms. Hall Barlow, congratulated the City Council on their reelection.

NEW BUSINESS:

1. CERTIFICATION OF GENERAL MUNICIPAL ELECTION AND CITY COUNCIL

REORGANIZATION
Staff presentation by Ms. Green, City Clerk.

Public Comments:

The Murphy family congratulated the newly elected City Council.

Two speakers congratulated Manuel Chavez and all the newly elected mayor and council members.

Speaker spoke on his son.

Speaker congratulated all the newly elected mayor and council members.

MOVED/SECOND: Council Member Harlan/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 Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Harper.

Abstain: None
Motion carried: 6-0
ACTION:

1. Adopted Resolution No. 2022-76 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.
160
Minutes – Regular Meeting – December 6, 2022 Page 4 of 8

2. The Oath of Office was administered to the newly-elected Mayor and City Council Members.

3. The newly elected Mayor and City Council Members provided comments.

Council Member Chavez spoke on his re-election and his priorities and the goals the Council has worked on, thanked those that have supported him, and spoke on representing Costa Mesa.

Council Member Marr spoke on the importance of democracy, Measure K, values, communication, community engagement, and thanked those who supported her.

Council Member Reynolds thanked her family and community; spoke on progress and issues to focus on in the coming years including housing and parks, representing Costa Mesa, and community engagement.

Mayor Stephens thanked his family, stated the same council has not been re-elected for 40 years, spoke on representing the City, praised staff, spoke on having a balanced budget, spoke on issues to address in the coming years, and thanked the voters.

4. Selection of the Mayor Pro Tem.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Mayor Stephens nominated Council Member Harlan for Mayor Pro Tem.

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: None

Absent: Council Member Harper.

Abstain: None
Motion carried: 6-0
CONSENT CALENDAR (Items 1-10)
MOVED/SECOND: Council Member Chavez/ Council Member Marr MOTION: Approve recommended actions for consent calendar items 1-10.

The motion carried by the following roll call vote:

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

Nays: None

Absent: Council Member Harper.

Abstain: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife working for Priceless Pets and Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received.

Motion carried: 6-0
161
Minutes – Regular Meeting – December 6, 2022 Page 5 of 8

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: Jesus Benitez, Rosita Bishopp, Shandler Brown, and Robert Steven Wilson.

3. ADOPTION OF WARRANT RESOLUTION
Council Member Gameros recused himself on this item due to his wife working for Priceless Pets and Mayor Stephens recused himself on this item due to campaign contributions received.

ACTION:

City Council approved Warrant Resolution No. 2691

4. MINUTES
ACTION:

City Council approved the Minutes of the Regular meeting of November 15, 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 ACTION:

City Council extended 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.
162
Minutes – Regular Meeting – December 6, 2022 Page 6 of 8

6. ACCEPTANCE OF RANDOLPH AVENUE AND ST. CLAIR STREET PARKING AND PEDESTRIAN IMPROVEMENT PROJECT, CITY PROJECT NO. 21-07
ACTION:

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

2. Authorized the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.

7. MEASURE M2 EXPENDITURE REPORT
ACTION:

City Council adopted Resolution No. 2022-77, approving the Measure M2 Expenditure Report and authorizing staff to submit the report to the Orange County Transportation Authority (OCTA.)

8. CLEAN CALIFORNIA MAINTENANCE AGREEMENT
ACTION:

1. City Council approved the Clean California Maintenance Agreement between the City of Costa Mesa (City) and the California Department of Transportation (Caltrans).

2. Awarded 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. Authorized the revenue and expense appropriations in the amounts of $150,000 respectively, for the maintenance agreement with Caltrans.

4. Authorized the City Manager and City Clerk to execute both agreements and future amendments within Council authorized limits.

9. ALLOCATION OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE

COUNTY OF ORANGE FOR CITY PROJECTS
ACTION:

1. City Council approved the projects for the allocation of American Rescue Plan Act (ARPA) funds from the County of Orange.

2. Authorized 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.
163
Minutes – Regular Meeting – December 6, 2022 Page 7 of 8

10. ADOPT A RESOLUTION FOR THE APPLICATION OF SPECIFIED GRANT FUNDS

FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ACTION:

1. City Council adopted Resolution No. 2022-78 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. Delegated 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.

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 – NONE.

ADJOURNMENT – The Mayor adjourned the meeting at 7:37 p.m. in memory of Les Gogerty, former CMPD Captain.
164
Minutes – Regular Meeting – December 6, 2022 Page 8 of 8 Minutes adopted on this 17th day of January, 2023.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
165

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-990 Meeting Date: 1/17/2023
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:

1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and

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

BACKGROUND:

Pursuant to AB 361, the City Council will need to declare every 30 days that the City’s legislative 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.

Page 1 of 2 ends

166
File #: 23-990 Meeting Date: 1/17/2023
ANALYSIS:

The City meets the requirements of AB 361 to continue holding meetings remotely in order to ensure the health and safety of the members, public and its employees. Both the California Department of Public Health and the County of Orange Public Health Officer have issued recommendations that members of vulnerable populations (such as older adults and those persons with an elevated risk due to certain medical conditions) continue to practice social distancing. The City cannot ensure social distancing requirements are always met inside the Council Chambers and/or Conference Rooms where the City Council, Commissions, and Committees meet, making it difficult for members of these bodies, City staff, and members of the public to consistently socially distance from each other with absolute certainty.

Staff recommends that the City Council 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:

1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and

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

Page 2 of 2 ends

167

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-990 Meeting Date: 1/17/2023
TITLE:

EXTENSION OF RESOLUTION NO. 2022-62 TO ALLOW MEMBERS OF THE CITY COUNCIL,

COMMISSIONS AND COMMITTEES TO PARTICIPATE IN THE MEETINGS REMOTELY, AS

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:

1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and

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

BACKGROUND:

Page 1 of 2 ends

168
File #: 23-990 Meeting Date: 1/17/2023
ANALYSIS:

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:

1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and

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

Page 2 of 2 ends

169
170
171

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-991 Meeting Date: 1/17/2023
TITLE:

REQUEST TO RESCHEDULE THE CITY COUNCIL STUDY SESSION MEETING OF FEBRUARY 14, 2023 TO FEBRUARY 15, 2023
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 reschedule the City Council Study Session meeting of Tuesday, February 14, 2023 to Wednesday, February 15, 2023.

BACKGROUND:

The City conducts regularly scheduled City Council Study Session meetings on the second Tuesday of the month. However, it is recommended that the February 14, 2023 regular City Council Study Session meeting be rescheduled to February 15, 2023, due to scheduling conflicts.

ANALYSIS:

To ensure the City can conduct its business and accommodate schedules, it is proposed that the City Council Study Session meeting on Tuesday, February 14, 2023 be rescheduled to Wednesday, February 15, 2023.

ALTERNATIVES:

This item is administrative in nature.

FISCAL REVIEW:

There is no fiscal impact to approving this item.

LEGAL REVIEW:

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

CONCLUSION:

Staff recommends the City Council reschedule the City Council Study Session meeting of Tuesday, February 14, 2023 to Wednesday, February 15, 2023.

Page 1 of 1 ends

172

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-991 Meeting Date: 1/17/2023
TITLE:

Staff recommends the City Council reschedule the City Council Study Session meeting of Tuesday, February 14, 2023 to Wednesday, February 15, 2023.

BACKGROUND:

ANALYSIS:

ALTERNATIVES:

This item is administrative in nature.

FISCAL REVIEW:

There is no fiscal impact to approving this item.

LEGAL REVIEW:

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

CONCLUSION:

Staff recommends the City Council reschedule the City Council Study Session meeting of Tuesday, February 14, 2023 to Wednesday, February 15, 2023.

Page 1 of 1 ends

173

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-931 Meeting Date: 1/17/2023
TITLE:

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

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

BACKGROUND:

The City Council adopted Goals and Objectives for the 2021-2024 Three Year Strategic Plan and created a work plan with objectives and deliverables. Staff provides periodic updates to the City Council regarding the status of each established objective. This update reflects the November and December 2022 status of the Strategic Plan’s Work Plan for all Goals and Objectives.

A future Strategic Planning session will be scheduled in the first quarter of this calendar year. The current goals and objectives will be evaluated, and the City Council will identify new key priorities and objectives for the following year.

ANALYSIS:

The attached matrix provides a work plan with specific deliverables for each City Council Goal and Objective including timeframes for project completion that will be updated as needed. It is important to note, deadlines may be extended for the completion of objectives due to internal and/or external factors.

THREE-YEAR GOALS AND PRIORITIES:

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

Page 1 of 2 ends

174
File #: 22-931 Meeting Date: 1/17/2023
· Advance Environmental Sustainability and Climate Resiliency ALTERNATIVES:

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

FISCAL REVIEW:

Many of the stated priorities and action steps are funded in the Adopted Budget for FY 22-23.

Additional funding requirements, if any, for the Goals and Objectives contained in the work plan will be brought to the City Council, if needed.

LEGAL REVIEW:

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

CONCLUSION:

The attached update reflects the most current status of the City Council’s Goals and Objectives for your information and reference. Staff is currently working on scheduling a 2023 Strategic Planning Retreat for the first quarter 2023. Staff recommends that the City Council approve the November and December 2022 updates to the 2021-2024 Three Year Strategic Plan.

Page 2 of 2 ends

175

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-931 Meeting Date: 1/17/2023
TITLE:

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

BACKGROUND:

ANALYSIS:

THREE-YEAR GOALS AND PRIORITIES:

Page 1 of 2 ends

176
File #: 22-931 Meeting Date: 1/17/2023
· Advance Environmental Sustainability and Climate Resiliency ALTERNATIVES:

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

FISCAL REVIEW:

Many of the stated priorities and action steps are funded in the Adopted Budget for FY 22-23.

Additional funding requirements, if any, for the Goals and Objectives contained in the work plan will be brought to the City Council, if needed.

LEGAL REVIEW:

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

CONCLUSION:

Page 2 of 2 ends

177
A1

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

SIX-MONTH STRATEGIC OBJECTIVES
THREE-YEAR GOAL: RECRUIT AND RETAIN HIGH QUALITY STAFF

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. Dec. 1, 2021 HR Manager Initiate the process to map and evaluate the employee recruitment process to innovate and modernize recruitment and commence development of the succession plan and present to the City Manager.

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

2. Dec. 1, 2021 City Manager Present to the City Council for consideration the first phase of hardto-fill positions requiring a market adjustment based on current data.

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

3. June 1, 2022 City Clerk Perform a market analysis of City Council compensation for comparable agencies and special districts within the county and report results to the City Manager.

X Preliminary Council Compensation
Survey has been provided to the
City Manager.

4. Spring 2023 HR Manager Launch the Costa Mesa University Wellness, Leadership, Training and Mentorship Program for all city employees.

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

5. March 15, 2022 HR Manager Develop HR staffing recommendations for inclusion in the mid-year budget to be presented to the City Council for consideration.

X Implementation scheduled for April
2023.
178
A2

6. Spring 2023 HR Manager, in
concert with the IT
Director
Update and begin implementation of the online employee onboarding, training and evaluation processes by updating the NeoGov System.

X NeoGov contract signed.
“Onboarding” implementation
completed and live.
“Learn” module in implementation
process and scheduled to go “live”
in February 2022.
“Onboard” implementation in
progress to be followed by
“Perform.” Module in
implementation process.
179
B1
THREE-YEAR GOAL: ACHIEVE LONG-TERM FISCAL SUSTAINABILITY

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. Dec. 15, 2021 Finance Director Develop and define a quarterly report format, including financial metrics, to improve fiscal transparency and
report to the City Council and FIPAC
X
Distributed the FY 2021/2022 1st
2 nd, and 3rd Quarter Financial
Reports, and FY 2022/23 1st
Quarter Financial Report to the
City Council and FiPAC, and
posted to the City’s website.

2. June 1, 2022 Economic and
Development Services
Director, working with the
City Attorney
Secure a consultant for the Economic Development
Strategic Plan.

X The Request for Proposals has
been prepared.
6/21/22 –City Council approved
PSA with Tech Coast Consulting
Group (TCCG).

3. March 15, 2022 IT Director, working with
the Police Chief and
Finance Director
Procure and implement an upgrade of the public safety
systems, subject to Dept. of Justice approval, and
citywide database servers.

X PD MDCs completed. Fire MDCs
on order, shipping 02/2023.

Installation of Phase 3 PC
Refresh for PD, PW, and Fire
completed.

4. March 15, 2022 Finance Dir., working with
the Development Services
Director
Provide an update to the City Council regarding the state of retail cannabis implementation, including revised
revenue projections.

X Mid-Year Budget Study Session
provided to City Council with an
update on all General Fund
revenues including Retail
Cannabis for FY 21/22 budget.

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

Updates are included in the
quarterly financial reports.
180
D1
THREE-YEAR GOAL: STRENGTHEN THE PUBLIC’S SAFETY AND IMPROVE THE QUALITY OF LIFE

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. Weekly Asst. City Manager (lead),
working with the
Communications Team
Enhance the Communications and Engagement Plan to
support the public’s health, safety and quality of life and present results to the City Manager.

X Weekly communication plan
presented to City Manager.

2. September 1,
2022
Public Works Dir., working
with the Police Chief and a
consultant
Present a plan to reduce collisions and injuries on
roadways, including providing 3-5 options for City Council direction.

X 11/2/21 - Third stakeholder working
group held to review safety
countermeasures for case study
locations, counter measure toolbox,
and best practices.
11/17/21 -Public outreach meeting
scheduled. Consultant prepared
draft Local Road Safety Plan with
traffic safety countermeasures and
applications to reduce collisions and
injuries on roadways.
3/8/22- Revised report sent to
Stakeholder Working Group for
review. Consultant incorporated
Stakeholder Working Group
comments.
4/6/22 - Stakeholder comments
received on March 18. Consultant
incorporated comments and
submitted Local Road Safety Plan
(LRSP) on April 4.
5/4/22 - Presentation of LRSP to
Active Transportation Committee.
6/6/22: LRSP revised based on
comments received and submitted.
9/1/22: A memo with final LRSP
report sent to City Council .
181
D2

3. March 15, 2022
Spring 2023
Police Chief – lead, City
Manager, Parks and
Community Services Dir.,
and Fire Chief
Engage the community to obtain feedback on the
community’s sense of safety and well-being and present
results to the City Council
X Police Dept. developing a
community survey and potential
platforms and channels of
distribution.
1/5/22 - Survey draft completed and
shared with department directors for
feedback and finalization. Numerous
Meet and Greet opportunities have
been held for new Police Chief to
discuss public safety goals and
measures with community groups
with additional potential meetings
underway.
3/2/22 – Finalized draft community
survey submitted to City Manager.
4/25/22 – After completing a very
successful five-year CMFR strategic
plan, the Fire & Rescue Department
recently initiated a new five-year
CMFR strategic planning process,
which will result in a new
Community Driven CMFR Strategic
Plan (2022-2027), in alignment with
the City Council’s strategic goals
and objectives. The process
included obtaining feedback related
to safety and services from a range
of community stakeholders, as well
as input from internal stakeholders.

A draft report is currently being
worked on and will be shared with
the City Council.
11/15/22 CMFR Strategic Plan
2022-2027 was approved by
Council. Implementation to occur 1st
quarter of 2023.
6/2/22 – Received and made edits
from City Manager. Sent to PD, Fire
and Parks for review. Once that is
complete, will get it back to City
Manager for one last review and
then create and circulate survey.
182
D3
Chief Lawrence hosted Listening
Tour events at several locations
throughout Costa Mesa with the
Mayor and/or the respective
Councilmember who could attend
these meetings:
 8/3: District 3 at Vanguard
University
 8/17: District 1 at Mesa Verde
United Methodist Church
 8/22: District 2 at Newport Mesa
Unified School District offices
 8/24: District 6 at Boys and Girls
Club
 9/7: District 4 meeting to be held
 9/21: District 5 meeting to be
held
Each event has been attended by
residents who have voiced concerns
or given input. Some of the
concerns that needed a follow-up
were documented by staff and
shared with the appropriate Unit.

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

With the updated and revised
Community Public Safety Survey,
based on the input received from the
Police Chief’s Listening Tours, will
be released by month end.
183
D4

4. Spring 2023 Parks and Community
Services Director
Update the City Council on the Open Space Master Plan,
with a focus on access to parks.

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

The Master Plan review is
underway, with stakeholder
interviews and phone surveys in
progress. Community meetings will
be next, with publicity to go out in
the coming weeks. The update
process is expected to be complete
in fall 2022.
8/29/22 - Draft report is being
prepared for presentation to the
Parks and Community Services
Commission in October. After
community input at the Commission,
the draft will be presented to the City
Council at a study session in
November for review and public
comment.
10/7/22 – Staff are reviewing the
draft master plan report, and
preparing to schedule study
sessions with the parks commission
and the city council.
1/09/23- Staff are finalizing the draft
master plan report and preparing to
schedule a study session with the
Parks Commission and City Council.

5. April 30, 2023 City Manager Present options to the City Council for a behavioral health response model.

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

Seeking sustainable funding to
develop a pilot program.
184
D5

6. FUTURE OBJECTIVE
_______, 2023
Asst. to the City Manager,
working with the
Communications Team
Identify, develop and implement a measurement tool(s) to determine the effectiveness of the City’s communications and public engagement with all segments of the
community.
01/09/23 -- PIO and Assist. to the
City Manager will enlist a consultant
to determine next steps.

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

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. Dec. 1, 2021 Asst. City Manager – lead,
Development Services Dir.,
City Attorney
Present to the City Council opportunity sites for potential motel conversions with site control options.

X 11/16/21- Two proposed sites
approved by the City Council.
12/14/21 – County Board of
Supervisors approved one site
(Motel 6) for submission to the State
by the deadline of 1/31/22.
4/27/22 – City announced State
HCD approval of $10.7 million for
motel conversion in Costa Mesa
(Project Homekey).
12/8/22 – Motel 6 financing closed
and site acquired by the County.

Permits approved and construction
to begin Jan 2023. Phase 1
projected completion in October
2023. CDP to apply for Tax Credits
for Phase 2 in March and July 2023.

2. Dec. 15, 2021 City Attorney and the
Development Services Dir.

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

X 12/7/21 - City Council adopted an
urgency ordinance adopting
changes to Title 13 (Zoning) relating
to the implementation of Senate Bill
9 for the creation of two residential
units per lot and urban lot splits in
single family residential zones; and
declaring the ordinance an urgency
measure to take effect immediately.
185
D6

3. Dec. 15, 2021 City Manager, working with
the City Council
Initiate and convene a Citizens Advisory Group to discuss Measure Y and Housing Element compliance.

X Measure K was adopted by the
voters in the November 2022
elections.

4. Feb. 1, 2022 Development Services Dir. Present to the City Council for action the Housing Element. X 11/8/21 - The initial Housing Element presentation to the
Planning Commission took place.

On target for City Council discussion
in January 2022 and final adoption
on February 1st
2/1/22- The City Council adopted a
Resolution approving the City of
Costa Mesa’s 2021-2029 (SixthCycle) Housing Element.

5. Spring 2023 Development Services Dir.
and City Attorney
Present to the Planning Commission a draft Inclusionary Housing Ordinance.

X X Keyser Marston Associates, the
City’s inclusionary housing
consultant, has completed a draft of
the required technical report. On
target for presentation of options to
the City Council and Planning
Commission in spring 2023.

6. FUTURE OBJECTIVE
_______, 2023
Development Services Dir.
and City Attorney
Initiate a draft STR Ordinance and an evaluation of
program implementation options.

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

7. FUTURE OBJECTIVE
_______, 2022
Development Services Dir.
and the City Attorney,
working with Jamboree
Housing
Present to the City Council for consideration a development plan and land use documentation for affordable senior
housing at the Senior Center site.

X Jamboree Housing has initiated
meetings with staff and submitted an
application for a senior housing
project on the City Senior Center
site 2022. The City Manager
approved an extension of the ENA
in mid-2022 and site planning and
technical analyses are underway.
186
E1
THREE-YEAR GOAL: ADVANCE ENVIRONMENTAL SUSTAINABILITY AND CLIMATE RESILIENCY

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED

1. 2023 Public Works Director Present the Pedestrian Master Plan update to the City Council for direction.

X 10/6/21 – 2nd Public Outreach
meeting held.
12/1/21 – Draft recommendations
and draft Pedestrian Master Plan
recommendations presented to the
Active Transportation Committee
(ATC).
1/19/22 – A special meeting of the
ATC focused on the Pedestrian
Master Plan.
3/8/22 - Draft recommendations and
plan revised to incorporate and
address comments.
4/6/22 - Draft plan submitted on
April 6. Public outreach conduced
April 27 to review draft plan. Draft
Plan uploaded to City website.
5/4/22 – Draft plan posted to City
website on 4/14. Public outreach
meeting held on 4/27.
6/6/22: Comment matrix with
responses sent to ATC on 5/6.
6/22/22 – ATC voted unanimously to
move the Pedestrian Master Plan
forward to Planning Commission.
8/30/22: Pedestrian Master Plan to
be scheduled for Planning
Commission in 2023
187
E2

2. 2023 Public Works Director,
working with the City
Manager
Develop a scope of work for the Climate Action and
Adaptation Plan and present to the City Council for action.

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

Staff has also developed a draft
community survey titled “Climate
Ready Costa Mesa: Community
Survey” to gauge Costa Mesa
residents’ concerns and priorities
in climate change. The survey is
expected to be launched in early
2022.
1/5/22 – Staff has completed
research on best practices and
lessons learned, and is currently
working on developing a draft
scope of work for Costa
Mesa.
3/8/22 - City staff has developed a
draft Climate Action and
Adaptation Plan (CAAP) and it is
currently being reviewed by the
City Manager.

Project on hold pending
recruitment of Energy &
Sustainability Manager
188
E3

3. July 15, 2022 Public Works Director Provide an update of the Stormwater Management Master Plan to the City Council.

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

Ongoing
 Existing and Proposed
Hydrologic/ Hydraulic Analysis
(EHH): Ongoing
6/16/22 - Public Workshop # 1 to
review Draft ECAR conducted.
7/15/22 - ECAR & Phase 1 completed
and sent to City Council.

Phase 2 - Storm Drain Master Plan
(SDMP) Update
July 2022: Proposed Storm Water
Alternatives Improvement Map
(SWAIM) and hydraulic models to be
incorporated.

Late 2022: Phase 2 expected to be
completed.

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

Phase 3 - Drainage System Upgrade
Fees and Financing Study
September 2022: Draft fee upgrades &
finance study begins.

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

FiPAC & Planning Commission
meetings scheduled.

Phase 4 - Westside Storm Drain
Improvements
Summer 2023: Final review of Plans
Specs & Estimates (PS&E) scheduled
to begin.
189
E4

4. 2023 Public Works Director,
working with the
Development Services Dir.

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

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

Staff recruited members of
‘Sustainability Working Group’,
representatives from all City
Departments to provide
suggestions to improve the
Sustainable Municipal Green
Policy.
1/5/22 – The Costa Mesa Green
Team has conducted research on
best practices in municipal
sustainability and has developed
preliminary goals.

The Sustainability Working Group
members, representing all City
Departments, have been identified
and the first internal workshop to
review the policy will be held in
early January.
3/8/22 - City staff completed the
draft Sustainable Municipal Green
Policy (SMGP) update and a draft
was transmitted to City Manager
and other Departments.

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

The SGMP update is on hold
pending recruitment of Energy &
Sustainability Manager.
190

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-981 Meeting Date: 1/17/2023
TITLE:

AGREEMENT FOR A SCHOOL RESOURCE OFFICER PROGRAM BETWEEN THE CITY OF COSTA MESA AND NEWPORT-MESA UNIFIED SCHOOL DISTRICT FOR FISCAL YEAR 2022- 2023
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: ED EVERETT, LIEUTENANT
CONTACT INFORMATION: ED EVERETT, LIEUTENANT, (714) 754-5395 RECOMMENDATION:

Staff recommends City Council:

1. Approve the agreement for a School Resource Officer (SRO) Program between the City of Costa Mesa and Newport-Mesa Unified School District (NMUSD) for Fiscal Year 2022-2023.

2. Authorize the City Manager to execute the agreement.

BACKGROUND:

In 2001, the Costa Mesa Police Department (CMPD) began an SRO Program with NMUSD. The program consisted of two full-time police officers to staff Costa Mesa’s two high schools and one intermediate school. The program was viewed as a tremendous success and a benefit to all parties involved.

Since then, the City and NMUSD have entered into annual agreements in connection with the SRO Program. In September 2022, the CMPD committed a third officer to the SRO Program, which was outlined in the SRO Program agreement for FY 2022-2023.

ANALYSIS:

Since the SRO Program’s inception, the primary mission of the SROs has been to prevent and deter school violence before it strikes. SROs help mitigate problems that might otherwise result in an emergency call for police services, thereby reducing the burden on Patrol Services. SROs accomplish this by their presence on campus and regular interaction with school staff and students.

In addition, SROs are a resource for students to advise of potential issues, which the SROs can proactively address and mitigate.

SROs are present on school campuses to ensure the safety and security of our schools. SROs

Page 1 of 2 ends

191
File #: 23-981 Meeting Date: 1/17/2023
SROs are present on school campuses to ensure the safety and security of our schools. SROs respond to and handle all criminal acts occurring on school campuses or in the immediate vicinity. In this respect, SROs conduct the initial investigation on a variety of crimes such as child abuse, assaults, thefts, graffiti, and narcotics related crimes. They also provide immediate and direct support to the school administration and security staff.

Pursuant to the proposed agreement between the City and NMUSD, the City will assign three fulltime CMPD officers to serve as SROs at Costa Mesa High School, Estancia High School, and Back Bay Continuation School, and provide assistance, as needed, at other schools throughout the City.

NMUSD will reimburse the City for fifty percent (50%) of the total compensation paid to each of the three SRO’s, including salary and benefits.

ALTERNATIVES:

No other alternatives have been considered. If the SRO Program were discontinued, the Police Department would utilize staffing from Patrol Services to handle any campus-related calls for service.

This alternative would draw upon the resources in the field and render them temporarily unavailable in other parts of the community. Additionally, there would be inconsistency in the services provided to the school district.

FISCAL REVIEW:

The annual salary and benefits cost for three officers is $880,330. NMUSD will be responsible for fifty percent (50%) of the total salary and benefits, which is $440,165. The City is responsible for the other half of the funding, which is allocated in the Police Department’s FY 2022-2023 budget.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends City Council:

1. Approve the agreement for a School Resource Officer (SRO) Program between the City of Costa Mesa and Newport-Mesa Unified School District (NMUSD) for Fiscal Year 2022-2023.

2. Authorize the City Manager to execute the agreement.

Page 2 of 2 ends

192

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-981 Meeting Date: 1/17/2023
TITLE:

Staff recommends City Council:

1. Approve the agreement for a School Resource Officer (SRO) Program between the City of Costa Mesa and Newport-Mesa Unified School District (NMUSD) for Fiscal Year 2022-2023.

2. Authorize the City Manager to execute the agreement.

BACKGROUND:

ANALYSIS:

In addition, SROs are a resource for students to advise of potential issues, which the SROs can proactively address and mitigate.

SROs are present on school campuses to ensure the safety and security of our schools. SROs

Page 1 of 2 ends

193
File #: 23-981 Meeting Date: 1/17/2023
SROs are present on school campuses to ensure the safety and security of our schools. SROs respond to and handle all criminal acts occurring on school campuses or in the immediate vicinity. In this respect, SROs conduct the initial investigation on a variety of crimes such as child abuse, assaults, thefts, graffiti, and narcotics related crimes. They also provide immediate and direct support to the school administration and security staff.

NMUSD will reimburse the City for fifty percent (50%) of the total compensation paid to each of the three SRO’s, including salary and benefits.

ALTERNATIVES:

No other alternatives have been considered. If the SRO Program were discontinued, the Police Department would utilize staffing from Patrol Services to handle any campus-related calls for service.

FISCAL REVIEW:

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends City Council:

1. Approve the agreement for a School Resource Officer (SRO) Program between the City of Costa Mesa and Newport-Mesa Unified School District (NMUSD) for Fiscal Year 2022-2023.

2. Authorize the City Manager to execute the agreement.

Page 2 of 2 ends

194
Attachment - 1
195
196
197
198
199
200
201
202
Amount by Officer
Salaries $ 118,872
Special Pays (POST
Certificate/Uniform/Bilingual) 20,168
Medicare Tax 2,385
Health Insurance Benefit 25,428
Retirement Benefit 112,451
Insurance (Worker's
Comp/Liability/Unemployment) 14,139
293,443
x 3
Total Costs for Three Officers 880,330 $
x 50%
NMUSD share at 50% 440,165 $
City of Costa Mesa
School Resource Officer Program
Fiscal Year 2022-2023
Attachment - 1

EXHIBIT A
203

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-979 Meeting Date: 1/17/2023
TITLE:

SOUTHERN CALIFORNIA EDISON RULE 20B PRELIMINARY DESIGN AND ENGINEERING

AGREEMENT FOR UTILITY UNDERGROUNDING ALONG ADAMS AVENUE 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:

2. Authorize the City Manager or designee to execute the agreement and any future authorized amendments to this agreement.

BACKGROUND:

On September 7, 2021, the City Council established Underground Utility District No. 22 along Adams Avenue from Mesa Verde Drive East to Albatross Drive to underground overhead Southern California Edison (SCE) utility power poles and other appurtenant structures.

The California Public Utilities Commission’s (CPUC) Rule 20 program establishes policies and procedures for the conversion of overhead utility lines and other equipment to underground facilities. The objectives of utility undergrounding and the Rule 20 program include improved public safety, enhanced aesthetics, and the promotion of greater accessibility by removing obstructions posed by utility fixtures within walkways and active transportation corridors. Pursuant to Tariff Rule 20A, utility companies assess a fee on utility ratepayers, a portion of which is allocated to local agencies in the form of Rule 20A work credits for implementing utility undergrounding projects within their communities. There is no cost to the City for the design and construction of the utility undergrounding with Rule 20A. The limits of Rule 20A along Adams Avenue is from approximately Mesa Verde Drive East to Redwing Circle.

Both the design and construction of the utility undergrounding along Adams Avenue from Redwing

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204
File #: 23-979 Meeting Date: 1/17/2023
Both the design and construction of the utility undergrounding along Adams Avenue from Redwing Circle to Albatross Drive will be funded using Rule 20B funds. These will be City funds that were appropriated by City Council during Fiscal Year 2022-23 as the Adams Avenue Active Transportation Project.

The limits of both the Rule 20A and Rule 20B portions along Adams Avenue are shown as Attachment 2.

ANALYSIS:

As part of the Rule 20 Program, Public Works staff worked with the SCE Rule 20 program manager in drafting the attached Preliminary Design and Engineering Agreement (Attachment 1) for the City funded Rule 20B portion along Adams Avenue from Redwing Circle to Albatross Drive.

Pursuant to this agreement, the City will compensate SCE, an initial estimated fee of $130,000 to begin the early phases of engineering design for the utility undergrounding. The $130,000 is an advance fee, and further compensation will be requested by SCE to complete the full design.

The Preliminary Design and Engineering Agreement is presented in Attachment 1.

ALTERNATIVES:

The City may elect not to enter into the Preliminary Design and Engineering Agreement with SCE.

Staff does not recommend this alternative, as that would require the City to expend considerably more to complete the full undergrounding design.

FISCAL REVIEW:

SCE’s Preliminary Design and Engineering advance fee of $130,000 will be funded from the Capital Improvement Fund (401) from the Adams Avenue Active Transportation Project approved by City Council in Fiscal Year 2022-23.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report, the Preliminary Design and Engineering Agreement, and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

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

Page 2 of 3 ends

205
File #: 23-979 Meeting Date: 1/17/2023
CONCLUSION:

Staff recommends the City Council:

1. Approve the Preliminary Design and Engineering Agreement (Attachment 1) between the City of Costa Mesa (City) and Southern California Edison Company (SCE), authorizing an advance payment of $130,000 to SCE for design of undergrounding utilities along Adams Avenue.

2. Authorize the City Manager or designee to execute the agreement and any future authorized amendments to this agreement.

Page 3 of 3 ends

206

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-979 Meeting Date: 1/17/2023
TITLE:

SOUTHERN CALIFORNIA EDISON RULE 20B PRELIMINARY DESIGN AND ENGINEERING

Staff recommends the City Council:

2. Authorize the City Manager or designee to execute the agreement and any future authorized amendments to this agreement.

BACKGROUND:

Both the design and construction of the utility undergrounding along Adams Avenue from Redwing

Page 1 of 3 ends

207
File #: 23-979 Meeting Date: 1/17/2023
Both the design and construction of the utility undergrounding along Adams Avenue from Redwing Circle to Albatross Drive will be funded using Rule 20B funds. These will be City funds that were appropriated by City Council during Fiscal Year 2022-23 as the Adams Avenue Active Transportation Project.

The limits of both the Rule 20A and Rule 20B portions along Adams Avenue are shown as Attachment 2.

ANALYSIS:

The Preliminary Design and Engineering Agreement is presented in Attachment 1.

ALTERNATIVES:

The City may elect not to enter into the Preliminary Design and Engineering Agreement with SCE.

Staff does not recommend this alternative, as that would require the City to expend considerably more to complete the full undergrounding design.

FISCAL REVIEW:

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report, the Preliminary Design and Engineering Agreement, and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

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

Page 2 of 3 ends

208
File #: 23-979 Meeting Date: 1/17/2023
CONCLUSION:

Staff recommends the City Council:

2. Authorize the City Manager or designee to execute the agreement and any future authorized amendments to this agreement.

Page 3 of 3 ends

209

PRELIMINARY DESIGN AND ENGINEERING AGREEMENT
The Agreement is between Southern California Edison Company (“SCE”) and COSTA MESA, CITY OF (“Applicant”) Applicant may request at a future date that Southern California Edison Company perform work related to the installation, removal, relocation, rearrangement and / or replacement (“ WORK”) OF SCE’s electric service facilities at XSTRT ADAMS AVE AND PLACENTIA COSTA MESA CA 92683
.

Applicant therefore requests that SCE estimate the cost to perform the WORK. SCE must incur certain expenses for preliminary design and engineering of the WORK in order to estimate the cost to perform the WORK contemplated by the APPLICANT. Applicant agrees to pay SCE for such expenses under the following terms and conditions:

1. Applicant shall pay SCE the sum of $ in advance for expenses incurred by SCE for preliminary design and engineering of the WORK contemplated by Applicant.

2. If Applicant desires SCE to perform the WORK contemplated by the Applicant, Applicant shall execute a separate written contract to perform the WORK. If SCE performs the WORK contemplated by Applicant pursuant to a contract executed by Applicant within one year from the date herein, the sum paid to SCE by Applicant pursuant to this Agreement shall be applied without interest to whatever sums are payable by Applicant pursuant to the contract to perform the WORK. The sums required by the contract to perform the WORK, may include costs for additional design and engineering related to the WORK contemplated by the Applicant.

3. The sum paid by Applicant pursuant to this Agreement shall be forfeited to SCE if (a) Applicant requests SCE to perform the WORK but the WORK cannot be completed through no fault of SCE’s, or (b) Applicant fails within one year from the date herein to execute a written contract for SCE to perform the WORK.

4. SCE may require Applicant to pay an additional sum pursuant to the agreement if SCE must modify the scope of the preliminary design and engineering as a result of any change in the WORK contemplated by the Applicant.

5. This Agreement shall not be construed as a contract to provide electric service to Applicant or as a contract to perform the WORK contemplated by Applicant.

DATED:

By
Signature

Name and Title
For COSTA MESA, CITY OF
Applicant
SCE 14-238 New 12/85 (CW)
ATTACHMENT 1
210
Southern California Edison Company
Invoice Date:

SCE Contact:

Telephone:

Install - Billing Option:

Invoice Term:

Customer Name:

Customer Email:

District Address:
90 Days

COSTA MESA, CITY OF
[email protected]
06/15/2022
Damon Humphrey
(714)-895-0220
77 FAIR DR
COSTA MESA CA 92626
7333 BOLSA AVENUE WESTMINSTER CA 92683
Document # 7590435165
OTHER: This amount represents the total SCE other costs required to complete the work request. In most cases, this other amount will consist of all additional requirements needed for completing the work request. This other amount typically consists of items such as Added Facilities one time charges, contractor work, rights check, and permits.

MATERIAL: This amount represents the total SCE material required to complete the work request. In most cases, this material amount will consist of construction material and any additional material required for completing the work request. The construction material will typically consist of installation and service material such as transformers, cable, conductor, poles, meters, riser, switches, fusing equipment, handholes, and cross-arms. All applicable material related overheads are also included TOTAL TAX:

Description Amount
Service Request Number 3239835
Project Description
$0.00
$0.00
$0.00
$0.00
$0.00
TAX: $0.00
$0.00

0.00%
$0.00

0.00%
$0.00
COMMENTS:

DEPOSITS:

TOTAL DEPOSITS:
$0.00
$130,000.00
$0.00
$130,000.00
$ 0.00
NET CONSTRUCTION BILLING / RELOCATION ADVANCE:

TOTAL PROJECT INVOICE AMOUNT:
* Enclosed are two copies of your invoice. Please return one copy of the invoice with your payment to Accounts Receivable in the enclosed return-addressed envelope. The other copy of the invoice is for your records. * ALL PRICES ARE APPLICABLE FOR A PERIOD OF 90 DAYS FROM THIS DATE AND ARE SUBJECT TO CHANGE THEREAFTER.
* All payments must be delivered by mail, an alternate postal method, or one of our electronic payment options. Walk-in payments are no longer accepted at any SCE location, including Accounts Receivable. * Please complete all applications and/or contracts and return to your planning office, using the enclosed return-addressed envelope.
* Easement documents will be mailed directly to you from our Right of Way department. Please complete and return them as soon as possible, as we will not be able to proceed with the project without clearance .

TOTAL CREDITS:

LABOR: This amount represents the total SCE labor required to complete the work request. In most cases, this labor amount will consist of construction labor and any additional labor required for completing the work request. The construction labor amount will typically consist of installation and service labor required for the work request. The additional labor amount will typically consist of labor for inspection, cable and equipment make-up, dead ending, traffic control, grounding, supervision, and switching. All applicable labor related overheads for items such as the design, engineering, and project management are also included in the total SCE labor amount.

This amount represents the total SCE credits required to complete the work request. In most cases, this credit amount will consist of: Salvage Credit Depreciation Credit JPA Credit Overhead Equivalent Credit

1. ITCC on Applicant Furnished Tax Base (Taxable Amount):

Tax Rate:

Tax Amount:

2. ITCC on Net Construction (Less Non Taxable Amount) Tax Base (Taxable Amount):

Tax Rate:

Tax Amount:

Preliminary Design & Engineering Advance
Previous Payment
$0.00
TOTAL LABOR, MATERIAL, OTHER:
$0.00
CREDITS:

Design #:

Product #: 1948416 - RULE 20B - UG INSTALL
1479472 Design Description
Project Location: ADAMS AVE AND PLACENTIA XSTRT COSTA MESA CA 92683 Invoice # 471359
ATTACHMENT 1
211
Southern California Edison Company
Invoice Date:

SCE Contact:

Telephone:

Install - Billing Option:

Invoice Term:

Customer Name:

Customer Email:

District Address:
90 Days

COSTA MESA, CITY OF
[email protected]
06/15/2022
Damon Humphrey
(714)-895-0220
77 FAIR DR
COSTA MESA CA 92626
7333 BOLSA AVENUE WESTMINSTER CA 92683
Document # 7590435165
* Call the Edison company at 1-800-655-4555 to make application for electrical service. * An Edison Inspector must approve all underground systems. Please call your designated inspector 48 hours prior to construction to schedule an inspection.
* By paying this invoice, customer acknowledges and agrees that if this project is canceled by customer for any reason or customer does not proceed with the project completion.
* Any expense incurred by SCE, including, but not limited to, expenses related to engineering, inspection and construction, prior to the project cancellation or completion will be deducted from any applicable refund due to the customer. * To ensure worker and public safety, please maintain the appropriate clearance distance from utility infrastructure during your construction project to avoid encroachments that may result in serious injury or damage. * If relocation of existing utility infrastructure is pending, please adjust your work around the proposed relocation schedule as appropriate. If you have any questions, please contact the designated SCE representative assigned to your project. .

COMMENTS CONTINUED:

ADDITIONAL PAYMENT INSTRUCTIONS:

If paying by check, please follow instructions on payment stub JP Morgan Chase Bank
New York, NY
ABA#: 021000021 - Acct#: 323-394434
SCE Taxpayer ID No. 95-1240335
Document #: 7590435165
SCE Contact:
*** Failure to properly identify your document number and SCE contact may delay the application of funds and initiation of your project Instructions for wire or ACH payments:

Special Instructions for overnight delivery methods: Southern California Edison Attn: Accounts Receivable
8631 Rush Street G-53
Rosemead, CA 91770
Damon Humphrey
77 FAIR DR
COSTA MESA CA 92626
Make check payable to Southern California Edison
Thank you for paying promptly
Payment
Stub
Please pay total amount now due:

Please detach and return payment stub with payment

COSTA MESA, CITY OF
$130,000.00
ATTN: Accounts Receivable
PO Box 800
Rosemead, CA 91771-001
Document # 7590435165
ATTACHMENT 1
212
Option 2
OPTION Alternative 2 - Rule - Rule20A20AandandRule Rule20B20BSegments Segments Adams Avenue Alternative 2 - Rule 20A and Rule 20B Segments ATTACHMENT 2
Rule 20A and Rule 20B Segment Limits
213

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-983 Meeting Date: 1/17/2023
TITLE:

RESIDENTIAL PERMIT PARKING PROGRAM - PERMIT MANAGEMENT SYSTEM DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

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

Staff recommends the City Council:

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

BACKGROUND:

The Residential Permit Parking (RPP) program revised guidelines and policies were approved by the City Council on July 19, 2022 at its regular meeting. The guiding principles employed in the development of the City’s revised RPP program include:
· Equitable access: Develop equitable programs that appropriately balance the parking needs of all residents, businesses, and visitors, while enabling the on-street parking supply to serve the community fairly, and enhance access for all.
· Sustainable solutions: Implement financially sustainable strategies that modernize and streamline parking program management.
· Efficient program management: Create an efficient and adaptable parking system that is optimized for the City’s current needs, but can be incrementally updated and adjusted over time.

Key features of the new program include the following:
· RPP will be limited to areas experiencing external parking impacts from commercial areas, neighboring cities, Fairgrounds and recreational areas;

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File #: 23-983 Meeting Date: 1/17/2023
· There is no change in petition and staff review processes for RPP; · All housing types within impacted areas are eligible for permits; · One permit per eligible driver based on verification of residence and vehicle registration; and · There will be an annual permit parking fee with an escalating rate structure.

At the July 19, 2022 regular meeting, City Council approved amendments to the Costa Mesa Municipal Code (CMMC) incorporating proposed changes to the Residential Permit Parking program through a Public Hearing process. In addition, the City Council approved Resolution No. 2022-51, establishing annual residential permit parking fees.

A Professional Services Agreement with Data Ticket Inc. for parking citation processing services was entered into agreement on January 1, 2022. The scope of services includes integrated software, secure parking citation management system database, parking citation payment processing, online access to the software, online computer interface with the California DMV, data download capabilities, and various reports as requested by City staff.

ANALYSIS:

In order to implement the revised Residential Permit Parking program, an online residential permit management system is needed to provide efficient program management and modernization.

Therefore, an amendment to the PSA with Data Ticket, Inc. is proposed to add Residential Permit Parking program into the City’s existing parking citation management system database.

The proposed addendum will provide an online permit application program for residential parking permits and for City staff parking permits at City Hall. The proposed addendum to the PSA with Data Ticket, Inc. includes the following:
· Addition of the Residential Permit Parking program to the City’s parking management database; · Ability for residents to register online and apply for permits; · Ability to verify resident address and vehicle registration with DMV; · Ability for residents to submit up to three documents online; · Ability for residents to create a login name and password to manage all future permits including guest permits;
· Ability to re-use data previously entered to purchase new permits; · Tracking of all permits purchased by residents;
· Addition and management of City Hall staff parking permits; · Acceptance of Visa, MasterCard, Discover and American Express; and · Live, bilingual customer service agents available M-F, 7:30am-5pm who will process registration

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File #: 23-983 Meeting Date: 1/17/2023
· Live, bilingual customer service agents available M-F, 7:30am-5pm who will process registration requests, answer specific and general permit questions and provide fulfillment assistance.

In addition, the proposed addendum provides online training for City staff and provides reports on residential parking permits issued to City staff.

The updated Residential Permit Parking (RPP) program will be rolled out in three phases in 2023:
· Phase 1: Existing RPP zones with external parking impacts and commercial parking impacts will be re-evaluated (February through April 2023).
· Phase 2: Existing RPP zones with only residential parking demand (without external impacts) will be re-evaluated (April through June 2023).
· Phase 3: New RPP zone applications accepted and evaluated (beginning in July 2023).

Each phase will include community outreach and notices will be mailed to impacted residents. The outreach is expected to start in February 2023. Additional information is provided at:
www.costamesaca.gov/parking <http://www.costamesaca.gov/parking>.

ALTERNATIVES:

One alternative would be to not approve the proposed amendment to the PSA with Data Ticket, Inc.

However, this would result in delays in the implementation of the revised Residential Permit Parking program, as staff would need to secure services from another vendor for this purpose. In addition, another vendor’s permit management system may not be compatible with the Police Department’s existing parking citation management system.

FISCAL REVIEW:

Funding for the implementation of the revised Citywide Residential Permit Parking program was approved in the Fiscal Year 2022-23 budget, which includes funding for the proposed amendment to the PSA with Data Ticket, Inc.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

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File #: 23-983 Meeting Date: 1/17/2023
CONCLUSION:

Staff recommends the City Council:

1. Approve proposed Amendment No. 1 (Attachment 1) to the Professional Services Agreement with Data Ticket Inc. increasing the maximum annual compensation by $35,000 for Residential Parking Permits, for a total not-to-exceed annual amount of $135,000.

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

Page 4 of 4 ends

217

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-983 Meeting Date: 1/17/2023
TITLE:

RESIDENTIAL PERMIT PARKING PROGRAM - PERMIT MANAGEMENT SYSTEM DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

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

Staff recommends the City Council:

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

BACKGROUND:

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File #: 23-983 Meeting Date: 1/17/2023
· There is no change in petition and staff review processes for RPP; · All housing types within impacted areas are eligible for permits; · One permit per eligible driver based on verification of residence and vehicle registration; and · There will be an annual permit parking fee with an escalating rate structure.

ANALYSIS:

In order to implement the revised Residential Permit Parking program, an online residential permit management system is needed to provide efficient program management and modernization.

Therefore, an amendment to the PSA with Data Ticket, Inc. is proposed to add Residential Permit Parking program into the City’s existing parking citation management system database.

Page 2 of 4 ends

219
File #: 23-983 Meeting Date: 1/17/2023
· Live, bilingual customer service agents available M-F, 7:30am-5pm who will process registration requests, answer specific and general permit questions and provide fulfillment assistance.

In addition, the proposed addendum provides online training for City staff and provides reports on residential parking permits issued to City staff.

ALTERNATIVES:

One alternative would be to not approve the proposed amendment to the PSA with Data Ticket, Inc.

FISCAL REVIEW:

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

Page 3 of 4 ends

220
File #: 23-983 Meeting Date: 1/17/2023
CONCLUSION:

Staff recommends the City Council:

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

Page 4 of 4 ends

221
1 Data Ticket, Inc.

Amendment One
Rev. 08-2022

AMENDMENT NUMBER ONE

TO PROFESSIONAL SERVICES AGREEMENT
WITH
DATA TICKET, INC.

This Amendment Number One (“Amendment”) is made and entered into this 17th day of January, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and DATA TICKET, INC., a California corporation (“Consultant”).

WHEREAS, City and Consultant entered into an agreement on January 1, 2022, for Consultant to provide parking citation processing services (the “Agreement”); and WHEREAS, City and Consultant desire to amend the Scope of Services to include the additional services set forth in Exhibit “A,” attached hereto and incorporated herein by this reference; and
WHEREAS, City desires to increase Consultant’s maximum compensation accordingly to One-Hundred and Thirty-Five Thousand Dollars ($135,000.00).

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

1. The Scope of Services shall be amended to include the additional services set forth in Exhibit A.

2. Section 2.1 of the Agreement shall be amended to reflect that Consultant’s total compensation shall not exceed One-Hundred and Thirty-Five Thousand Dollars ($135,000.00). Consultant shall be paid according to the fee schedule set forth in the Agreement and Exhibit A of this Amendment.

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

4. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect.

5. This Amendment 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.

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

CONSULTANT
________________________________ Date: __________________________ Signature
________________________________
ATTACHMENT 1
222
2 Data Ticket, Inc.

Amendment One
Rev. 08-2022
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: __________________________ Clinten Dieball
Project Manager
DEPARTMENTAL APPROVAL:
________________________________ Date: __________________________ Ronald Lawrence
Police Chief
223
3 Data Ticket, Inc.

Amendment One
Rev. 08-2022
APPROVED AS TO PURCHASING:
________________________________ Date: __________________________ Carol Molina
Finance Director
224
4 Data Ticket, Inc.

Amendment One
Rev. 08-2022

EXHIBIT A

ADDITIONAL SCOPE OF SERVICES
225
226
227
228

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-984 Meeting Date: 1/17/2023
TITLE:

FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

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

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to TDG Engineering, Inc. for professional engineering design services for Fairview Road Active Transportation Improvements in the amount of $137,566, in substantially the form as attached and in such final form as approved by the City Attorney.

2. Authorize a ten percent (10%) contingency in the amount of $13,756 for any additional services that may be required by the project.

3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

BACKGROUND:

The Fairview Road Active Transportation Improvements project is located on Fairview Road between Fair Drive and Newport Boulevard. Fairview Road is classified as a Major Arterial on the City’s Master Plan of Streets and Highways with proposed Class IV bicycle facilities on the City’s Active Transportation Plan.

This project will improve bicycle and pedestrian access and mobility along Fairview Road from Fair Drive to Newport Boulevard. The City has identified the need for various infrastructure improvements in the area to provide a higher quality and more inviting bicycling and walking experience.

The Fairview Road Active Transportation Improvements project will design a Class IV bicycle facility on Fairview Road by reducing the number of vehicle lanes from six lanes to four lanes from Fair Drive to Wilson Street. From Wilson Street to Newport Boulevard, the project will design bicycle facility improvements including buffered bike lanes. The pedestrian design improvements will include

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File #: 23-984 Meeting Date: 1/17/2023
facility improvements including buffered bike lanes. The pedestrian design improvements will include high-visibility crosswalks, a midblock pedestrian hybrid beacon (HAWK Signal) between Wilson Street and Fair Drive with a pedestrian refuge island, and bus boarding islands to improve pedestrian connectivity and safety. Staff has determined that existing and projected vehicle traffic volumes on Fairview Road in this segment can be accommodated on two travel lanes in each direction and the conversion of the third lane to provide Class IV bicycle facility will accommodate all users in an equitable manner.

A separate design project for the pavement rehabilitation of Fairview Road from Fair Drive to Newport Boulevard is underway. The proposed active transportation improvements will be designed in coordination with the pavement rehabilitation design project for Fairview Road. The construction bid package for Fairview Road from Fair Drive to Newport Boulevard will include both the pavement rehabilitation and the active transportation improvements. Extensive public outreach will be conducted for the Fairview Road Active Transportation Improvements project including a public outreach meeting and presentation to the Active Transportation Committee.

ANALYSIS:

On November 8, 2022, the City issued a Request for Proposals (RFP) for professional engineering design services for the Fairview Road Active Transportation Improvements. Six (6) proposals were received to provide the professional engineering design services. Proposals were reviewed for compliance with the City’s RFP, and consultants were evaluated based on project understanding, depth of experience, technical expertise, and associated evaluation criteria. After a thorough evaluation of the proposals, staff finds TDG Engineering, Inc. to be well qualified to perform the requested engineering design services for the Fairview Road Active Transportation Improvements project. The proposal submitted by TDG Engineering, Inc. represents a thorough understanding of the project, complies with City requirements, and documents TDG Engineering’s technical ability and experience with similar projects. The design fees proposed by TDG Engineering, Inc. were determined to be competitive and commensurate with the requested services.

ALTERNATIVES:

One alternative would be to not approve the PSA and conduct the project using in-house resources.

However, the technical expertise and volume of the work associated with the project exceeds staff’s available resources and time. This would result in delays in the completion of the design and could jeopardize the completion of Active Transportation improvements in conjunction with the grant-funded Fairview Road pavement rehabilitation project, which is anticipated to proceed into construction later this year.

FISCAL REVIEW:

Funding for the proposed PSA with TDG Engineering, Inc. is available in the existing Capital Improvement Project funds for the Class II, III, IV Bicycle Projects approved in Fiscal Year 2022-23 budget.

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File #: 23-984 Meeting Date: 1/17/2023
LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

CONCLUSION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to TDG Engineering, Inc. for professional engineering design services for Fairview Road Active Transportation Improvements in the amount of $137,566 (Attachment 1), in substantially the form as attached and in such final form as approved by the City Attorney.

2. Authorize a ten percent (10%) contingency in the amount of $13,756 for any additional services that may be required by the project.

3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

Page 3 of 3 ends

231

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-984 Meeting Date: 1/17/2023
TITLE:

FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

Staff recommends the City Council:

2. Authorize a ten percent (10%) contingency in the amount of $13,756 for any additional services that may be required by the project.

3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

BACKGROUND:

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File #: 23-984 Meeting Date: 1/17/2023
facility improvements including buffered bike lanes. The pedestrian design improvements will include high-visibility crosswalks, a midblock pedestrian hybrid beacon (HAWK Signal) between Wilson Street and Fair Drive with a pedestrian refuge island, and bus boarding islands to improve pedestrian connectivity and safety. Staff has determined that existing and projected vehicle traffic volumes on Fairview Road in this segment can be accommodated on two travel lanes in each direction and the conversion of the third lane to provide Class IV bicycle facility will accommodate all users in an equitable manner.

ANALYSIS:

ALTERNATIVES:

One alternative would be to not approve the PSA and conduct the project using in-house resources.

FISCAL REVIEW:

Page 2 of 3 ends

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File #: 23-984 Meeting Date: 1/17/2023
LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

CONCLUSION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to TDG Engineering, Inc. for professional engineering design services for Fairview Road Active Transportation Improvements in the amount of $137,566 (Attachment 1), in substantially the form as attached and in such final form as approved by the City Attorney.

2. Authorize a ten percent (10%) contingency in the amount of $13,756 for any additional services that may be required by the project.

3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

Page 3 of 3 ends

234
1 TDG Engineering, Inc.

Rev. 08-2022

CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH
TDG ENGINEERING, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 17th day of January, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and TDG ENGINEERING, INC., a California corporation (entity information) (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to provide project engineering design services for Fairview Road active transportation improvements, as more fully described herein; and
B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the ATTACHMENT 1
235
2 TDG Engineering, Inc.

Rev. 08-2022
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California 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 Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments including reasonable 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 Consultant’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant 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. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City which shall not be unreasonably withheld. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement (the “Fee Schedule”). Consultant’s total compensation shall not exceed One Hundred and Thirty-Seven Thousand Five236
3 TDG Engineering, Inc.

Rev. 08-2022
Hundred and Sixty-Six Dollars ($137,566).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant 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 Consultant’s services which have been completed to City’s reasonable satisfaction.

City shall pay Consultant’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. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. 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, pandemics, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) business days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect.

Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.
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4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of two (2) years, ending on January 16, 2025 unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two (2) additional one (1) year periods upon mutual written agreement of both parties.

4.2. Notice of Termination. The 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 five (5) business days' written notice to Consultant. The termination of this Agreement shall be deemed effective upon the date stated in the notice of termination. In the event of such termination, Consultant 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 Consultant for reasonable costs incurred and professional 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. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant 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:
(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, Two Million Dollars ($2,000,000.00) general aggregate. (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.
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(c) Workers’ compensation insurance as required by the State of California.

Consultant 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 Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

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 the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, until thirty (30) days after written notice is given to City.” Consultant shall provide thirty (30) days written notice of any material change in coverage.
(c) Other insurance: “The Consultant’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 insurance 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) The Consultant’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.

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 239
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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. Consultant 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. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or 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 City 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.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant 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 Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant 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 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, and (b) 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 CONSULTANT: IF TO CITY:

TDG Engineering, Inc.
8484 Georgia Avenue, Suite 800
Silver Spring, MD 20910
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (301) 927-1900 Tel: (714) 754-5180
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Attn: Roswell Eldridge Attn: Jennifer Rosales
Courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing

6.5. Drug-Free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “D” and incorporated herein. Consultant’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. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent which shall not be unreasonably withheld. 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 Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’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 to the extent arising out of the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance 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 Consultant, 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 misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, 241
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and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant 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. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant 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 Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant 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 Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant 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.

Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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, Consultant 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 Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 242
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6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant'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, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
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6.18. 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.

6.19. 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.

6.20. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.21. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant 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.

6.22. Headings. Paragraphs and subparagraph headings 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.

6.23. 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.

6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.25. 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 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.

6.26. 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. 244
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6.27. 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.

6.28. 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.
[Signatures appear on following page.]
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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.

CONSULTANT

__________________________________ Date: __________________________ Signature
__________________________________
[Name and Title]

CITY OF COSTA MESA
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
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APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Jennifer Rosales
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
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EXHIBIT A

REQUEST FOR PROPOSALS
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266

EXHIBIT B
CONSULTANT’S PROPOSAL
267
City of Costa Mesa
Engineering Design Services

FAIRVIEW ROAD

ACTIVE TRANSPORTATION

IMPROVEMENTS
RFP NO. 23-07
December 16, 2022
268
1 COVER LETTER 1
2 BACKGROUND AND PROJECT SUMMARY SECTION
Local Understanding 3
Project Understanding 3
Project Objectives 4
3 PROJECT APPROACH AND METHODOLOGY
Project Approach 5
Challenges and Solutions Matrix* 8
4 QUALIFICATIONS, ORGANIZATION, AND KEY STAFF
Relevant Experience 9
Project Management 10
Key Staff Resumes 11
Organizational Chart* 15
5 SCOPE OF SERVICES 16
6 EXPERIENCE AND RECORD OF SUCCESS

ON SIMILAR PROJECTS
Project Matrix* 22

FEE SCHEDULE
Appendix B Fee Schedule has been submitted in a separate file. 7 FINANCIAL CAPACITY, DISCLOSURE, AND

PROFESSIONAL SERVICES AGREEMENT
Financial Capacity 23
Disclosure 23
Exceptions and Conditions 23
8 FORMS
Vendor Application Form* 24
Ex Parte Communications Certfication* 26
Disqualifications Questionnaire* 27
Disclosure of Government Positions* 29
Company Profiles and References* 31
Bidder/Applicant/Contractor Campaign Contribution* 35
* Not included in page limit in accordance with the RFP

TABLE OF CONTENTS
269

ENVISIONING WHAT COULD BE, THEN BUILDING IT
527 W. 7 TH STREET, SUITE 701
LOS ANGELES, CA 90014
213.257.8680
TOOLEDESIGN.COM
December 16, 2022
City of Costa Mesa
Public Works Department
Attn: Stephanie Urueta
77 Fair Drive, 1st Floor
Costa Mesa, CA 92626
Submitted online via PlanetBids
RE: Request for Proposals for Engineering Design Services for Fairview Road Active Transportation Improvements; RFP No. 23-07 Dear Stephanie Urueta and Members of the Selection Committee:

TDG Engineering, Inc. (TDG), an affiliate of Toole Design Group, LLC, has reviewed your Request for Proposals (RFP) and assembled a team specifically tailored to meet the City’s needs of safe, intentional, and accessible pedestrian and bicycle infrastructure that connects to the larger current and forthcoming regional network of the City of Costa Mesa. This proposal is valid for a minimum of 180 days following submission.

TDG recognizes the unique context in which the Fairview Road Active Transportation Improvement project enhances the vitality of the City’s active transportation commuters.

This project serves as a vital piece of the regional bicycle network by establishing the looped connection between Huntington Beach, Costa Mesa, and Newport Beach. In the midst of providing connectivity, it reinforces a safe multimodal experience by envisioning an environment where all types commuters can travel and interact with each other with minimal interruptions.

At TDG, ethics, empathy, and equity inspire and guide everything we do. These values compel us to design and build places and mobility networks that are safe, efficient, and sustainable.

We envisions environments where everyone—regardless of their race, abilities, economic status, or location—can walk, bike, wait, linger, and thrive. We are a mission driven full-service planning and design firm focused Complete Streets, multimobility, sustainable transportation, placemaking, and equitable engagement strategies.

TDG will serve as the prime consultant, and will provide project management, analysis, design, and engineering services for the project. We are pleased to partner with KDM Meridian. KDM Meridian will provide surveying and right-of-way documentation support in the preliminary and final design stages of the project. KDM Meridian has been at the forefront of providing quality surveying and field verification services throughout Southern California, including providing their services to the City of Costa Mesa.
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ENVISIONING WHAT COULD BE, THEN BUILDING IT
TDG has assembled an expert team of transportation and civil engineers with unmatched experience in creating feasible, maintainable, and effective public realm improvements. Daniel David, Jr., PE will serve as the Project Manager. Daniel has over 12 years of engineering and project management expertise in Southern California, leading complex, multidisciplinary teams from preliminary design to construction. Gwen Shaw, PE will be Deputy Project Manager and will provide day-to-day support in preliminary design and community outreach. Adam Vest, PE, PTOE will serve as Principal-in-Charge. Adam has successfully overseen similar multimodal transportation projects and has extensive experience in developing planning and engineering solutions that support mobility, safety, and connectivity for all users. Amalia Leighton Cody, PE, AICP and Jeremy Chrzan, PE, PTOE, LEED AP® will serve as Civil Design Quality Assurance/ Quality Control (QA/QC) Lead and Active Transportation QA/QC Lead, respectively. Amalia and Jeremy have over 40 years of combined engineering experience and will provide quality control reviews throughout the design process to address issues of implementation and constructability.

Together with the community of Costa Mesa, the TDG Team is posed to take on the challenges and opportunities presented by the Fairview Road Active Transportation Improvements project.

If you have any questions, please contact Project Manager Daniel David at 213.257.8680 x410 or [email protected]. Thank you for the opportunity to submit this proposal for the Fairview Road Active Transportation Improvement project in the City of Costa Mesa.

Sincerely,
Roswell Eldridge
Executive Vice President | Chief Operating Officer
271
2 CITY OF OTHELLO TRANSPORTATION PLANNING SERVICES x.3

BACKGROUND AND

PROJECT SUMMARY

SECTION
272
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 3

PROJECT UNDERSTANDING
TDG understands that a “road diet” will
be required for the Fairview Road Active
Transportation Improvements Project. This
will provide the necessary space to develop
a safer, more comfortable environment for
people walking and biking, while improving
transit accessibility and bus stop amenities,
and maintaining motor vehicle flow along
the Fairview Road corridor. The work for the
project includes upgrading the existing Class
II bike lanes to Class IV separated one-way
bike lanes in the northbound and southbound
directions of Fairview Road from Newport
Boulevard to Fair Drive.

LOCAL UNDERSTANDING
Costa Mesa is a city that possesses a deep
interest in providing its community a robust
quality of life. This is palpable through its
commitment to public safety, the numerous
city-funded programs that highlight public
health, and the intensive investment made
in planning for the future of their active
transportation commuters through plans,
reports, studies, and successful grant
applications. The City keeps a close ear to its
vibrant active transportation community and
understands that the most powerful asset of a
community is the will of its constituents. Many
communities would serve well to take note
and emulate the City of Costa Mesa.

Fairview Road just north of Valley Forge where the
proposed bus boarding island, HAWK signal, high-visibility crosswalks, and Class IV bike lanes will be installed.
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TDG is looking forward to working with
the City to identify the most appropriate
and feasible treatment to separate the
bicycle facilities and adjacent travel lanes,
incorporating considerations for maintenance,
safety, cost efficiencies, sustainability, and
overall comfort for people biking along and
across Fairview Road.

TDG will provide the final design of floating
bus boarding islands just north of the Fairview
Road and Valley Forge T-Intersection. The
bus boarding islands will be accompanied
by high-visibility crosswalks, ADA-compliant
curb ramps, pedestrian refuges, and the
installation of a Pedestrian Hybrid Beacon
(HAWK) Signal. Throughout the project
limits, TDG will provide recommendations
for additional curb ramps that require
upgrade for ADA-compliance and commercial
driveways that can provide better access to
pedestrians with disabilities by reconstructing
them to the City’s driveway standards.

PROJECT OBJECTIVES
TDG is committed to creating spaces where
people can move freely and intuitively and
become a part of the community rather just
moving through it. Our design objectives
will be to optimize the experience of people
walking, biking, and taking transit on Fairview
Road within the project limits. We are
confident that the roadway width on Fairview
Road provides the capacity to reassign and
reclaim space to assist in improving existing
conditions. TDG recognizes this project as
a great opportunity to upgrade the current
infrastructure by installing the most current
curb ramps, driveways, traffic control devices,
and signals in the industry. Our experience
leading some of the industry’s most innovative
design guidelines (e.g., AASHTO 5th Edition
Guide for the Development of Bicycle Facilities,
Los Angeles Supplemental Street Design Guide,
AC Transit Multimodal Corridor Guidelines) will
ensure that all proposed design treatments will
prioritize safety, comfort, and equity to best
serve the community.

The existing northwest Avocado Street/Fairview Road
intersection corner would benefit from ADA curb ramp
upgrade. The existing commercial driveway complies
with the current City standards and is an ideal
example of a commercial driveway that preserves
pedestrian access continuity through the driveway.
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3 CITY OF OTHELLO TRANSPORTATION PLANNING SERVICES x.4

PROJECT APPROACH

AND METHODOLOGY
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FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 5
pedestrian crossing visibility, and addressing
pedestrian safety issues at uncontrolled
crossing according to FHWA’s Safe
Transportation for Every Pedestrian (STEP)
Guide. It is expected to reduce the percentage
of crashes at this location up to 55% after
implementation of the HAWK Signal. TDG has
designed and developed final construction
plans for HAWK Signals on streamlined
implementation timelines across the nation
that both match the local preferences and
have had the privilege of being constructed.

Each HAWK Signal designed by TDG considers
the unique complexity that each intersection
and crossing presents and places pedestrian
safety at the forefront of the design’s core
objective. For the crossing on Fairview Road,
we have identified how vital it would be for
the HAWK Signal to harmoniously engage
with the surrounding proposed pedestrian
and bicycle infrastructure such as th e curb
ramps, bus boarding island, potential bike
ramps, and existing bus stops. Without the
proper advanced warning and education,
HAWK Signals can pose confusion amongst
motorists. Placing the appropriate signage
and pavement markings ahead of the crossing
will be imperative to increase safety and
visibility of pedestrians to motorists and
people on bikes and scooters.

REDUCED CROSSING DISTANCES
The existing cross section of Fairview Road
evolves in configuration with six lanes
between Fair Drive and Wilson Street at the
northern project limits and four lanes between
Wilson Street and Newport Boulevard to the
south near CA 55. Through the Costa Mesa
Pedestrian Master Plan, the community
has requested crossing improvements be a
priority when improving active transportation
infrastructure. TDG has identified locations
where curb extensions can be recommended
along the project corridor that would
effectively reduce crossing distance for
pedestrians, function as a traffic calming

PROJECT APPROACH
The following section provides details on how
the TDG Team will approach the Fairview Road
Active Transportation Improvement project.

SAFETY
Being a major arterial, Fairview Road was
designed to carry motor vehicles at relatively
high speeds efficiently while providing direct
access to limited access roadways such as the
Costa Mesa Freeway (CA 55) and Interstate
405. However, with only 15,000 vehicles per
day and six lanes of travel, the roadway is
significantly overbuilt and results in relatively
high speeds with minimal disruption for
motorists. This generally contradicts an
environment that is safe or comfortable for
people not in a motor vehicle. Fairview Road
serves multiple bus routes (i.e., OCTA bus
routes 47, 55, and 178), provides direct access
to several schools (i.e., Orange Coast College,
Costa Mesa Middle School), and is one of the
few longer distance north-south routes in the
City, and therefore safety and convenience is
paramount to all types of users, especially
the most vulnerable. By increasing safety for
the most vulnerable users, this will directly
correlate to increased safety for motorists,
while creating a comfortable environment
necessary for welcoming users of all ages
and abilities, and facilitating community and
economic productivity. Safety is primarily a
function of design and it is at the forefront
of all TDG projects. Our approach minimizes
the risk of a severe crashes for all modes
through safety countermeasures we regularly
design for clients across the country. We will
draw from our experiences as the national
leaders in Vision Zero planning and active
transportation design guidance.

PEDESTRIAN HYBRID BEACON

SIGNAL DESIGN
Pedestrian Hybrid Beacon (HAWK) Signals is
the strongest countermeasure for reducing
pedestrian-related crashes, increasing
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6 TDG ENGINEERING
device for motorists, improve pedestrian
visibility, all while concurrently maintaining
comfort for bicyclists in their separated lane.

The intersections on Fairview Road that would
benefit from curb extensions are listed below:
Valley Forge at Fairview Road
Wilson Street at Fairview Road
Avocado Street at Fairview Road
TDG worked exclusively with the City of Los
Angeles to prepare the City of Los Angeles
Supplemental Street Design Guide that
includes several design recommendations
for floating curb extensions amongst other
pertinent street designs that a project such
the Fairview Road Active Transportation
Improvement project can benefit from. We will
use our in-depth multimodal expertise and this
guide to recommend curb extension treatments
to the City of Costa Mesa for locations such as
the HAWK Signal and bus boarding island at
the Fairview Road/Wilson Street intersection,
and various T-Intersection along the corridor.

HIGH-COMFORT BICYCLE FACILITIES
Separated bicycle lanes are a proven safety
countermeasure for all roadway users, not
just people biking. By providing dedicated
and well-defined space for people to bike,
expectations are clarified for all roadway
users. TDG is a recognized leader in the
planning, design, and implementation of
separated bicycle facilities, and we will
leverage that expertise to deliver high-quality,
comfortable, and safe facilities for all abilities
and ages. The context of Fairview Road
changes along the corridor (e.g., six lanes
to the north, four lanes to the south) and we
will work with the City to define trade-offs
and appropriate design criteria for selecting
the most appropriate design treatments to
accommodate the various user needs of
Fairview Road. There are several options to
create a separated bike lane, including painted
buffers with K-71 bollards, raised concrete
median buffers, or some combination of
both of those depending on roadway context.

There are safety, maintenance, and education
considerations for any treatment and we
will define those clearly through necessary
design memorandums For example, a
concrete barrier as a separation treatment
are generally the safer and more comfortable
option for bicyclists, however they may not
be the most cost effective and may introduce
TDG has prepared state-of-the-practice manuals for agencies that provide guidance for safety-focused multimodal designs with the presence of bicycle facilities.
60' TO 140'

BUS BULB
(SEE NOTE 2)
10'
FROM
CROSSWALK
8' TO 10'

BUS BULB
(SEE NOTE 1)

DESIGN MAY VARY

BASED ON CURB

RAMP DESIGN
(SEE NOTE 16)
8 A

EXISTING SIDEWALK

OR GROUND

REPAIR OR

RECONSTRUCT

STREET PAVING AS

NECESSARY
(SEE NOTE 4)
5' x 8' MIN. BOARDING

AND ALIGHTING AREA
(SEE NOTE 1)
STREET
STREET

SIDEWALK
2% MAX

BIKE LANE
5% TYP.

8.33% MAX

FLOATING BUS BULB

SIDEWALK ELEVATION BIKE LANE
2% MAX
5% TYP

8.33% MAX

BIKE LANE
9 C

RAISED,

UNWALKABLE
MEDIAN

PEDESTRIAN HANDRAIL
(SEE NOTE 13 AND S-463)

SECOND CROSSING

IS PREFERABLE,

BUT NOT REQUIRED
(SEE NOTE 14)
9 E

SIDEWALK
PANEL

REPLACEMENT

AS NECESSARY

UNWALKABLE/

VEGETATED

AREA (TYP)

SEE ALTERNATIVE A

ALTERNATIVE A
1 FT WIDE

DIRECTIONAL

INDICATOR STRIP
1 FT WIDE
SIDEWALK, 2%

MAX SLOPE
BIKE
RAMP
(TYP.)

ASSUMED

DRAINAGE FLOW

INSTALL INLET AND

CONNECTION TO

STORMWATER SYSTEM
(SEE NOTE 20)
8 B
9 D
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FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 7
maintenance issues in the future, whereas
paint and bollard separation does not provide
full protection for users but is more costeffective and may provide better access to adjacent land uses by emergency vehicles.

BUS STOP DESIGN
The City has identified an opportunity to install
a bus boarding area with the HAWK signal just
north of the Fairview Road and Valley Forge
T-Intersection. Designing a safe and functional
bus stop in this transit corridor will be essential
to empower pedestrians to cross the street and
bike lanes to wait, board, and alight comfortably.

TDG is North America's leading expert in
designing bus stops with separated bike
lanes, including recent design guidelines and
design details for AC Transit and the City of Los
Angeles. We will use this expertise to provide
the City with intentional, feasible, and safetyfocused bus stop designs at this location.

HIGH-VISIBILITY CROSSWALKS
High-visibility crosswalks are an effective way
to improve pedestrian visibility at crossing
locations along the Fairview Road corridor.

Painting high-visibility crosswalk markings
is a countermeasure that addresses safety
issues such as inadequate conspicuity,
motorists not yielding to pedestrians in
crosswalks, and conflicts at crossing locations
that may be experienced by pedestrians
at the crossings along Fairview Road. TDG
recommends painting and updating crosswalk
markings in all crossing areas within the
project limits including crossings running in
the north-to-south direction, parallel with
Fairview Road.

UPGRADED PEDESTRIAN FACILITIES
According to the City’s Active Transportation
Plan and Pedestrian Master Plan, providing
pedestrians with ADA-compliant infrastructure
is a major component to successfully improve
the active transportation facilities throughout
the City. TDG will recommend and design
curb ramps that are suitable for upgrades
that conform to the latest ADA standards.

Commercial driveways along Fairview Road
will be identified to provide recommendations
for reconstruction to comply with the City’s
commercial driveway standard.

QUALITY ASSURANCE AND

QUALITY CONTROL
TDG has a reputation for high-quality work
and outstanding performance on design and
planning projects throughout North America.

We employ a rigorous Quality Assurance/
Quality Control (QA/QC) program to control the
quality of our work and that of our vendors. Our
utmost goal is to exceed client expectations.

Every TDG project is assigned a Principalin-Charge, a senior staff member who takes personal responsibility for TDG’s performance
on the project. At the project outset, the
Project Manager and Principal-in-Charge
work with the project team to discuss the
appropriate QA/QC process. Even before
a project begins, the project manager has
considered the time required to appropriately
review and approve all project deliverables as
part of the proposed cost and schedule. TDG
keeps internal documentation of our rigorous
review process, providing our clients the
confidence that projects are backchecked to
ensure they meet the highest standards.

TDG has identified several locations that may currently pose difficulties in ADA access and be uncomfortable for pedestrians while crossing.
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8 TDG ENGINEERING

CHALLENGES AND

SOLUTIONS
TDG has encountered common
challenges and lessons
learned while developing and
implementing multimodal
engineering design projects. As
practical problem-solvers, we are
motivated by these challenges
and inspired by each community’s
unique perspectives. You can
trust us to minimize risk and to
translate your challenges into
unique, context-sensitive solutions
for the City of Costa Mesa.

HIGH-RISK ITEM PROPOSED SOLUTION
Project Schedule:

Making design decisions early
enough in the process to
complete the design within 180
calendar days
To achieve alignment with the City and between the potential utility owners early in the process, we will facilitate a kickoff meeting to vision, educate, make initial design decisions, and set the direction for what can be explored through the course of the project. Subsequently, there will be monthly progress meetings and design focus meetings at every milestone to track decisions and avoid derailing the project schedule.

Project Process:

Setting expectations between
City departments, members
of the community, and other
stakeholders
We will be clear and transparent in project communications, letting people know how their input will fit into the projects decision-making process. We can support the City with any updates to internal and external communications including project updates and presentation of basis of design for the project.

Project Communications:

Navigating complex community
conversations about this project
relative to other citywide
concerns such as traffic safety,
gentrification, growth, property
values, and houselessness
We will honestly acknowledge such topics at project events and practice empathetic listening. As issues come up during the project, we will be flexible and respond accordingly. Our team includes experts in strategic communication with the public and have diverse experiences with public engagement. Key staff on this project have worked on projects with community engagement tasks in Costa Mesa.

Design: Designing safer
multimodal conflict zones,
especially for those with
disabilities
We will design for the safety of all users by providing a clear sight lines and slow operational speeds for those with visual acuity, while providing clear tactile design that is detectable through material contrast or vertical/horizontal changes for those with low or no vision. Designing for accessibility is a complex endeavor for multimodal and shared street spaces. TDG is the author of the forthcoming AASHTO Bike Guide update, which includes detailed new guidance for such situations, Los Angeles Supplemental Street Design Guide, AC Transit Multimodal Corridor Guide, and the FHWA Accessible Shared Streets Guide.

Design: Mitigating conflicts
between people bicycling/
walking and people driving
We will explore creative humane infrastructure solutions, including converting the Class II bike lane on Fairview Road to a Class IV to make modal interactions more intuitive and free up space for and people on bikes, scooters, and in wheelchairs. 279
4 CITY OF OTHELLO TRANSPORTATION PLANNING SERVICES x.5

QUALIFICATIONS,

ORGANIZATION, AND

KEY STAFF
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FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 9
conducting three engaging design workshops
with community stakeholders, as well as
creating supplementary outreach tools. The
workshops included updates regarding the
four-year project timeline, information about
design alternatives for topics such as drainage
treatments and landscaping options, and roll
plots of the corridors for targeted one-on-one
discussions. Toole Design prepared materials
about the project for the City’s website and for
an interactive WikiMap to gather input from
stakeholders and interested residents.

BERKELEY SOUTHSIDE COMPLETE STREETS

BERKELEY, CA
TDG is leading the alternative analysis, public
engagement, and final design of the Berkeley
Southside Complete Streets project to meet the
City’s goals of ensuring safety, improving transit
reliability, and supporting the economic and
cultural vitality of the Southside neighborhood
and includes Bancroft Way, Fulton Street, and
Dana Street. The project must develop different
Complete Streets configurations solutions
for each corridor due to changes in land use,
transit service, and connectivity to the City’s
bicycle network serving one of the most active
university campus is California. The designs for
all four corridors will culminate in a cohesive
$7.3M federally funded construction package
anticipated to be delivered in December 2022.

Each segment has multiple modes competing
for space within the confined urban right-ofway. This Complete Streets project aims to reallocate space to the modes that transport
the highest numbers of people throughout the
Southside: buses, bicycles, and pedestrians.

The project team is utilizing landscaping,
concrete medians, and quick-build materials
to create accessible bus boarding islands,
two-way bike facilities on one-way streets,
and flexible curbside space. The project
resulted in signal modifications and new
signal design to accommodate the active
transportation elements.

RELEVANT EXPERIENCE
In the pages that follow we have included
an overview of some of our team's most
relevant projects.

TDG ENGINEERING

PASADENA UNION STREET CYCLE TRACK

PASADENA, CA
TDG worked with the City of Pasadena in the
concept and final design of a two-way curbseparated bike lane on one-way Union Street in Pasadena. The project included design of
an adjacent bicycle boulevard along Holliston
Avenue between Union Street and Cordova
Street. TDG prepared the concept designs of the
corridors, creating design details and advising
in the final design phase, and planning and
conducting all public outreach.

The design for the two-way separated bike
lane included logical and safe transitions at
the endpoints of the bike lane where it meets
more conventional street configurations.

Accommodating pedestrians at separated bike
lane crossings, intersections, and in reference
to on-street parking was key to the design.

The corridor required new bicycle signals to
accommodate two-way bicycle travel.

Union Street has numerous residential
and commercial driveways, many of which
required unique treatments at the separated
bike lane crossing, where motorists who
have grown accustomed to one-way traffic on
Union Street will need to look both directions
for bicyclists. These driveway treatments
required considerations for adequate sight
distance and will likely include raised and
recessed crossings, as well as elements to
alert motorists to their surroundings. TDG
looked for opportunities to incorporate green
infrastructure and low-impact design into the
separated bike lane features.

Given the highly technical design context of
this new two-way separated bike lane, Toole
Design staff were responsible for planning and
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10 TDG ENGINEERING

FIRST STREET CORRIDOR SEPARATED

BIKEWAY PROJECT

BURBANK, CA
TDG developed concepts for a pair of one-way
separated bikeways (Class IV) along both sides
of N First Street and S Ikea Way in Burbank.

We developed a two-phased implementation
process that included a rapid implementation
on-street facility with no curbline changes and
a long-term curb-separated design. The rapid
implementation phase and concept allowed the
City to test the design and make adjustments
to the permanent design. The two long-term
design concepts included a constrained design
and a preferred design with easements on
private property for public benefit.

TDG is developing full PS&E plans for the
corridor, implementing separated bike lanes
in each direction, upgrading all ADA ramps in
the corridor, modifying existing medians, and
completing signal modification plans for traffic,
pedestrian, and bicycle signal upgrades.

WESTSIDE MOBILITY PROJECTS

LOS ANGELES, CA
TDG is currently leading planning, analysis,
engagement, and design for four active
transportation corridors in Council District
11 on the Westside, each of which connects
valuable community destinations. The corridors,
totaling nearly 13 miles in length, include a
variety of investments to improve bicycling in
multiple neighborhoods, including separated
bike lanes, bicycle signals, ADA upgrades, traffic
calming treatments (e.g., mini-roundabouts
and traffic circles, diverters, speed cushions),
and wayfinding. Full design PS&E are being
prepared for two of the corridors where the City
has $12.8M in construction funding available.

The project includes an intense engagement
effort that includes pop-up meetings at
neighborhood events, virtual meetings, and inperson workshops.

BURTON WAY BICYCLE LANE

UPGRADE PROJECT

BEVERLY HILLS, CA
As a part of the Beverly Hills on-call contract,
TDG developed 100% signing and striping
plans for the Burton Way Bicycle Lane Upgrade
Project. As a popular East-West commuter
street segment that connects residents to City
Hall, local parks, and small business, the Burton
Way project aimed to upgrade the existing
standard bike lanes to buffered bike lanes. Our
team conducted site visits to inventory existing
transit stops, utilities, and to verify existing
aerial imagery and travel lane dimensions.

Through several meetings with the City team,
we established and applied a series of design
elements for the Burton Way project, including
green conflict markings through intersections,
driveways, and conflict zones, bikeway
transition from Class III to Class II facilities, and
included segments of Class IV protected bicycle
facilities using delineators for specific highconflict areas.

SANTA MONICA TRANSPORTATION

PLANNING AND ENGINEERING DESIGN

SERVICES ON-CALL

SANTA MONICA, CA
TDG currently holds a transportation planning
and engineering design services on-call with
the City of Santa Monica. Over the past four
years task orders have included detailed
safety analysis and investigation of priority
Vision Zero intersection; conceptual and
preliminary engineering design plans for
protected bike lanes; PS&E packages for safety
and active transportation projects across the
country; public engagement; and recently the
development of the City’s Outdoors Parklet
Manual. Our work has included detailed field
investigations, assessment of infrastructure
and signal hardware, review of traffic signal and
timing plans to ensure they are up to date and
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FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 11
meet expectations for pedestrian and bicyclist
safety, and traffic operations analysis to assess
delay impacts for roadway modifications (i.e.,
road diets, protected bike lanes, dedicated bus
lanes, etc.). The TDG Team recently developed
100% design plans, costs, and specifications for
safety improvements on the 2.4-mile Wilshire
Boulevard, a result of a large-scale planning
study we also led. Some of the final construction
materials for various projects include costeffective quick-build materials such as signing, striping, bollards, and parking curb stops.

KDM MERIDIAN
19TH STREET BIKE TRAIL

COSTA MESA, CA
A bike path was to be designed and constructed
along 19th Street from Placentia Avenue to the
Santa Ana River (Greenville-Banning Bikeway).

KDM Meridian performed the necessary
topographic survey and base mapping required
to support the design of this improvements
for their client. Survey scope of work included:
researching existing records at Orange County
Surveyor’s Office; performance of aerial
mapping, topographic field survey and crosssections, generation of centerline and right-ofway, plotted in AutoCAD drawing format with all observed topographic features, and delivery of
a topographic base map, accompanying datum/
notes, and site photographs.

RANDOLPH AVENUE

CROSSWALKS IMPROVEMENT

COSTA MESA, CA
The City of Costa Mesa required the design
ramp/crosswalk improvements at the
intersection of Randolph Avenue and St. Clair
Street and at a midblock location to the north
of the intersection. KDM Meridian performed
a topographic survey to review the existing
elevations. Survey scope of work included:
researching and obtaining record maps and
pertinent data from City of Costa Mesa and
County of Orange; survey of monuments/ties
to centerline location; and field recovery of
centerline monumentation to orient record data
and set control points sufficient for topographic
survey. The topographic survey consisted
of collecting all features at the six specific
locations identified and included hardscape,
culture, back of walk, curb, flowline, gutter
edge, grade breaks, driveways, and all
pertinent vertical information.

PROJECT MANAGEMENT AND

PROJECT MANAGER RESUME
DANIEL DAVID, JR., PE

PROJECT MANAGER
13 Years of Experience | TDG: 2022-Present
Master of Business Administration, University of California, Irvine Bachelor of Science, Civil Engineering,
California State Polytechnic University, Pomona
Professional Engineer: CA
Daniel is a professional engineer with
comprehensive experience in delivering
transportation and public works projects
at the state, regional, and local levels.

His experience includes delivering active
transportation and capital improvement
projects through their planning, design, and
construction phases, preparation of final
construction documents, and design for ADA
required improvements and retrofittings that
focus on improving the walking experience
for pedestrians. Daniel uses his experience in
project delivery and roadway design to serve
various communities by enhancing the quality
of life for the people within them via viable
and user-focused engineering solutions.

For the Fairview Road Active Transportation
Improvement project, Daniel plans to utilize
his experience in delivering projects from
conceptual design through construction to
attentively guide this improvement through
completion. He has experience delivering
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12 TDG ENGINEERING
projects from conceptual design through
construction and uses this experience to
successfully lead his projects. Daniel's
approach to project management involves
clear communication, supported by structured
and transparent project work plans tailored
to the needs of his clients. He leverages the
strengths of his integrated team and guides
the production high-quality devliverables.

Berkeley Southside Complete Streets,
Berkeley, CA
Daniel is leading the preparation and
development of the Technical Provisions for
the redesign of four corridors in Berkeley's
Southside neighborhood. This redesign of
the corridor promotes safe and connected
movement of pedestrians through transit
lanes and separated bikeways, and provides
improvements to pedestrian facilities.

Daniel is responsible for generating the
appropriate language within the technical
provisions for the corridor project to include
in the final construction bid package. Daniel
cross-coordinates with multiple disciplines
that are involved in the project to deliver a
comprehensive set of Technical Provisions to
be included in the final PS&E package that will
be used for construction.

Pedestrian ATP/ADA Required
Improvements, Pomona, CA
Daniel served as the Lead Design Engineer for
the Active Transportation Project and ADAcompliant improvements for five intersections on a major arterial street. His responsibiilities
included the civil/roadway design and
preparation of the final construction
documents of the improvements to increase
pedestrian safety and promote mobility in
selected areas in the community.

KEY STAFF RESUMES
Resumes of key staff are provided on the
following pages.

ADAM VEST, PE, PTOE

PRINCIPAL-IN-CHARGE
19 Years of Experience | TDG: 2019-Present
Master of Science, Civil Engineering, University of Kentucky Bachelor of Science, Civil Engineering, University of Kentucky Professional Engineer: DC, FL, MD, PA, VA
Professional Traffic Operations Engineer
For the past 19 years, Adam has led
complex urban transportation planning and
engineering projects for local and state
agencies, private developers, and academic
research institutions across North America.

Adam’s work incorporates a human-scaled,
Complete Streets approach to transportation
planning and engineering, and he develops
innovative solutions that support mobility,
safety, and connectivity for all users. Adam
understands how to effectively convey critical
project impacts and creative solutions to
community members and key stakeholders.

First Street Corridor Separated
Bikeway Project, Burbank, CA
Adam is serving as the Project Manager
for this final design project that includes
separated Class IV bike lanes, ADA ramp and
median upgrades, lane reduction, and signal
modifications at all corridor intersections.

Prior to the final design work, Adam led
development of a series of conceptual design
plans and worked closely with the City to
establish design standards for Class IV
facilities in the City. The conceptual design
work included traffic analysis to assess
impacts by lane reductions and narrowing,
signal modifications, and incorporation of the
bike facilities.

Giant Road Cycle Track Design, San Pablo, CA
Adam is serving as Project Manager for
this project. TDG is completing signing and
marking plans for a two-way separated
bike lane on Giant Road, including a signal
modification to incoporate bike signals.
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FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 13

AMALIA LEIGHTON CODY, PE, AICP

CIVIL DESIGN QA/QC LEAD
20 Years of Experience | TDG: 2017-Present
Bachelor of Science, Civil Engineering, University of Washington Professional Engineer: CA, WA
American Institute of Certified Planners
Amalia is a civil engineer and planner who
brings significant experience in designing
roadway projects. Her projects often
include roadway and intersection design,
stormwater management (typically lowimpact development and green infrastructure facilities), ADA requirements, traffic calming,
and utility infrastructure relocation. She
brings 20 years of experience delivering
projects of similar scales to public sector
clients on the West Coast.

Santa Monica Wilshire Boulevard Safety
Study, Santa Monica, CA
Amalia assisted the TDG Team on a detailed
safety study of the 2.4-mile stretch of Wilshire
Boulevard in the City of Santa Monica. The
team led a detailed quantitative and qualitative
safety and traffic analysis to understand
current conditions, including a full-day Road
Safety Audit. TDG oversaw the development
of 30% design plans and cost estimates
for systemic and hot-spot countermeasure
locations on the corridor, including detailed
designs at seven intersections.

Solano Avenue Complete Streets Plan,
Albany, CA
Amalia served as the Principal-in-Charge
for the development of a concept design
for the renovation of Solano Avenue. The
concept design incorporated existing transit
service, heavy vehicle movements, surface
drainage and rain gardens, landscaping and
placemaking elements, traffic calming features,
parking and access management, intersection
reconfigurations, and curbside management.

JEREMY CHRZAN, PE, PTOE, LEED AP®

ACTIVE TRANSPORTATION QA/QC LEAD
23 Years of Experience | TDG: 2014-Present
Bachelor and Master of Science, Civil Engineering,
Drexel University
Professional Engineer: CA, CO, CT, DC, DE, FL, GA,

IN, MD, MN, NJ, PA, TX, VA
Professional Traffic Operations Engineer
LEED® Accredited Professional
NACTO Certified Trainer
Jeremy is a Professional Engineer with
experience in transportation, municipal,
and site engineering projects. Jeremy uses
his technical knowledge of design standard
and quality control review to identify key
project issues and identify viable engineering
solutions. Jeremy combines years of design
experience to identify key project issues and
practical solutions for multiple modes of
transportation, including motor vehicles, mass
transit, pedestrians, and people on bicycles.

Union Street Cycle Track, Pasadena, CA
Jeremy served as the Engineer of Record for
the signing and pavement markings for a twoway cycle track along Union Street to provide a low-stress bicycle route along the corridor.

He provided recommendations to address
universal design for pedestrians and for a
variety of design treatments at signalized
intersections and unsignalized driveways
to address conflicts between bicyclists,
motorists, and pedestrians.

Los Angeles Supplemental Street
Design Guide, Los Angeles, CA
Jeremy served as a senior engineer for the
development of the Los Angeles Supplemental
Street Design Guide and Los Angeles
Department of Transportation design details
to address safety issues and accommodations
for active transportation and traffic calming.
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14 TDG ENGINEERING

GWEN SHAW, PE

DEPUTY PROJECT MANAGER
7 Years of Experience | TDG: 2017-Present
Bachelor of Science, Civil Engineering, Portland State University Professional Engineer: OR
Gwen is an engineer with experience in
both the public and private sector thinking
about and designing for people. Gwen’s
projects focus on multimodal transportation
environments, alternatives analysis, public
outreach, and geometric design of pedestrian
and bicycle infrastructure. Gwen has developed
conceptual cross-sections and plan views
for corridors and intersections on multiple
projects. She brings background in planning,
designing, and implementing temporary
demonstration projects for alternative uses of
the public space.

Cupertino Bike Boulevards, Cupertino, CA
Gwen assisted in preparing schematic designs
for a set of proposed Class III Bike Boulevards.

As one of the designers, she worked with the
team to provide a comprehensive network of
low volume, low stress corridors accessible
by users of all ages and abilities. Gwen
focused on providing a complete set of
recommendations so that barriers to riding or
walking in Cupertino are no longer a concern
on these newly designed corridors.

Outer Powell Transportation Safety Project,
Portland, OR
Gwen is assisting the project team in the
development of a concept-level design to
improve safety for all modes of travel along
the Outer Powell high crash corridor. The
team evaluated cross-section, intersection
treatment, and other multimodal features
to determine the preferred design. Gwen is
helping with the development of graphics
for both the technical memorandum and
the public outreach information to clearly
describe the concept to stakeholders.

TREVOR LIEN

ENGAGEMENT LEAD
7 Years of Experience | TDG: 2022-Present
Master of Urban and Regional Planning,
University of California, Irvine
Bachelor of Science, Kinesiology,
California Polytechnic State University, San Luis Obispo Federal Aviation Administration Part 107 Commercial Drone Pilot Trevor is a Project Planner with a strong
command of multimodal planning for first-/
last-mile, active transportation, and Safe
Routes to School plans. Trevor specializes in
corridor and network improvement planning
for pedestrian, bicycle, and transit users in a
way that translates fundamental needs into
implementable projects. Trevor is a current
resident of Huntington Beach.

Costa Mesa Pedestrian Master Plan,
Costa Mesa, CA
Trevor served as the Project Planner on this
project. Core outcomes included pedestrian
focused improvement planning at preidentified pedestrian opportunity zones citywide. His responsibilities functioned to
weave together data analysis and mapping
with community outreach and engagement to
prepare mitigations to identified concerns.

OCTA Active Transportation Support
Services, Orange County, CA
Trevor served as the Project Planner in
charge of the successful submittal of ATP
Cycle 6 grant applications for the OCTA
participating agencies. Primary responsibility
included serving as the technical assistance
reviewer for applications composite value of
over $10M. Trevor coordinated with numerous
agencies to develop project scope and scale,
provide multiple detailed narrative review of
applications to increase competitiveness, and
filter needed technical submittal details for
critical modifications.
286
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 15

CITY OF COSTA MESA
T TDG Engineering
K KDM Meridian
* Staff located in TDG's Los Angeles office, which is
only 90 miles from the City of Costa Mesa

PRINCIPAL-IN-CHARGE
Adam Vest, PE, PTOE* T

PROJECT MANAGER
Daniel David, Jr., PE* T
Daniel David, Jr., PE* T
Jesse Peoples, PE, TE T
Sofia Duran, PE* T
Yasmin Fuseini-Codjoe* T
DESIGN
Trevor Lien* T
Malia Schilling* T
Danielle Parnes* T
Gwen Shaw, PE T

ENGAGEMENT

QA/QC LEADS
Amalia Leighton Cody,
PE, AICP (Civil Design) T
Jeremy Chrzan,
PE, PTOE, LEED AP®
(Active Transportation) T
Richard Maher, PLS K
Patrick Earl, PLS K
Trevor Lien* T

DATA COLLECTION/SURVEYING

DEPUTY PROJECT MANAGER
Gwen Shaw, PE T

ORGANIZATIONAL CHART
The organizational chart below shows the
overall organization of the project team for
the Fairview Road Active Transportation
Improvements project.
287
5 CITY OF OTHELLO TRANSPORTATION PLANNING SERVICES x.6

SCOPE OF SERVICES
288
16 TDG ENGINEERING
primarily be surface-level construction
with a low-risk of underground utility
interference. The City has stated that the
non-compliant ADA curb ramps are scheduled
to be upgraded in another ongoing project,
which reduce the needs for 10' horizontal
and vertical control intervals that the RFP
requests throughout the entire project.

We believe this method provides the City a
significant cost saving, while still providing
the necessary detail required for quality
construction bid package.

A topographic base map will be developed
by aerial photogrammetric methods
between Newport Blvd and Fair Drive. This
photogrammetric mapping will include
vectorized CAD linework of improvements and
a geo-reference color orthophoto. A detailed
augmentation by ground survey at the midblock
HAWK signal between Loyola Road and Valley
Forge with a pedestrian refuge island, and
bus boarding islands will be performed. Aerial
mapping will include complete instersections
and the area within the City right-of-way. Aerial
mapping will be planimetric (no contours),
however elevations in the area of the ground
survey detail will be in terms of NAVD88 and
referenced to the nearest Orange County Bench
Mark. Existing survey monuments will be used
to establish record centerline and right-ofway. Survey will include flow-lines top of curb, driveways (width, X & Y), spandrels, pavement
striping, structures, walls, surface utilities,
poles, hydrants, catch basins, signs, valves,
and manholes. Mapping will be performed
using AutoCAD and plotted at 1” = 40’ scale
with one-foot interval contours.

PHASE 0: PROJECT MANAGEMENT

AND COORDINATION
Continuous communication with the City of
Costa Mesa and thorough organization will
be essential to meet the project final PS&E
target of completion within 180 calendar days
of the City’s Notice to Proceed. Our team will
use its expertise to ensure that this project
runs smoothly. TDG's Project Manager, Daniel
David, Jr., will be responsible for project
oversight and regular communication with
City and ATP Committee staff. He will be
supported by staff who advance phases
and provide regular updates on phase
status. A kickoff meeting, monthly progress
meetings, and reports will help maintain the
project schedule and strong communication
throughout the project.

PHASE 0 DELIVERABLES:
Kickoff meeting agenda and minutes
Virtual monthly meetings with City staff
Meeting agendas and minutes
Action Items Tracking Matrix
(updated biweekly)
Design Review Meetings (three in total)
Monthly progress reports and invoicing
PHASE 1: TOPOGRAPHIC SURVEY,

UTILITY RESEARCH, AND PROJECT

DATA COLLECTION
PHASE 1.1 TOPOGRAPHIC SURVEY
TDG's teaming partner, KDM Meridian, will
conduct the topographic survey to establish
the base files for the preliminary and final
PS&E designs. From our understanding of the
request scope of work and field observations
within the project limits, we recommend
that the design topographic base map be
developed using both aerial photogrammetric
methods and detailed augmentation by ground
survey at the proposed midblock pedestrian
crossing, bus boarding islands, and HAWK
signal location(s). This is recommended
because we understand this project to
289
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 17
PHASE 1.2 UTILITY RESEARCH
TDG proposes to utilize readily available utility
information (record drawings, topographic
survey, and field observations) for the
final design of the active transportation
improvement within the project. TDG will
prepare utility letters and coordinate with
relevant utility companies to collect record
drawings of the existing underground utilities
within the project limits to verify the utility
locations and identify conflicts should they
be present. Should there be an anticipated
conflict with utilities, TDG will utilize the
City-designated funds stated in the RFP to
pothole the areas of potential conflict to
receive additional information on the utility for
construction. Findings from the coordination
efforts will be plotted in an “Existing Utility
Base File” and submitted to the City to
reference and use in the final design plans.

PHASE 1.3 PROJECT DATA COLLECTION
TDG will deliver an Existing Conditions Data
Collection and Analysis Memo to specify
the team’s approach to data collection and
analysis. The memo will include the right-ofway maps, assessor parcel maps, easement information, available as-built plans, and
existing utility information to be requested
and used within the project limits to be
shown on the project plans. A site visit will
be conducted to verify existing physical
features such as roadway widths, signing and
pavement markings, pavement conditions, and
intersection operations including pedestrian
and bicycle operating conditions.

PHASE 1 DELIVERABLES:
Site Visit to confirm existing
data collection findings
Topography base map file
(in AutoCAD format)
The intersection of Wilson Street and Fairview Road would benefit form updated crosswalk markings and upgraded ADA ramps to improve pedestrian visibility and safety through the intersection. 290
18 TDG ENGINEERING
PHASE 2: PRELIMINARY DESIGN

PLANS AND COMMUNITY OUTREACH
PHASE 2.1 PRELIMINARY DESIGN
Using the existing plans and data retrieved
in the previous phase, we will assemble a
base map for the project intersections that
matches the existing conditions. This base map
will be used to generate the 30% Preliminary
Design and the corresponding final design
plans. TDG will prepare a Preliminary 30%
Design Plans that identify the proposed
pedestrian and bicycle infrastructure
improvements, traffic control devices, traffic
signals and modifications, pedestrian crossing
treatments, proposed high-visibility pavement
markings, and signage. TDG will highlight
pedestrian enhancements and traffic calming
opportunities such as curb ramp upgrades,
driveway reconstructions, curb extensions,
and road diet methods that supplement the
requested Class IV bike lane, HAWK signal, and
bus boarding islands being designed in this
project. While all improvements are expected
to be within existing City right-of-way, TDG
will identify any temporary construction or
permanent easements that may be needed
in the Preliminary Design Plans. One field
walk-through will be coordinated with City
staff at the City’s discretion to aid any design
discussions that warrant a site visit.

TDG assumes that the necessary traffic
studies have been completed by the City that
can provide documentation for the warrant
of the HAWK signal installation on Fairview
Road. However, in this phase, it would be
appropriate to explore conducting any
additional traffic studies or begin coordinating
any traffic signal modifications that are
required based on any of the approved
recommended preliminary designs. For
example, exploring removal of dedicated
right-turn lanes or channelized slip lanes
may needed to ensure the safest and most
comfortable bike facility is implemented
at locations with highest risk for conflict.

An optional phase will be shown in the fee
schedule outlining the estimated cost to
perform the traffic study, coordinate signal
modifications with the City, or coordinate any
service requirements with Edison should the
City request to proceed with these services.

Draft preliminary plans will be provided to
the City for comment with revisions occurring
in the 60% design plans. TDG will provide
draft responses to comments for the City's
consideration. TDG will prepare a preliminary
construction cost estimate based on the
items designed in the Preliminary 30% Design
Plans.

PHASE 2.2 COMMUNITY OUTREACH
We recognize community engagement and input
are vital for the success of this project. TDG
will provide support, prepare presentations,
and participate in one of the City’s Active
Transportation Committee meetings to present
the preliminary designs to the committee
members for input. Q&A and discussion is
expected following the presentation of the
committee meeting. Notes from this meeting
will be prepared and shared at the following
progress meeting for discussion.

TDG will plan, prepare, and conduct one
Public Workshop to identify and finalize the
preferred project design with the community.

TDG proposes the workshop to be up to two
hours in length with a combination of project
team presentations, Q&A, and discussions
surrounding any comments the community
may have. At the workshop, the project team
will present the revised Preliminary 30%
Design Plans that include any revisions made
from comments received from committee or
City staff in the previous phase. Notes will
be prepared and presented at the following
progress meeting for discussion.
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FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 19
TDG will provide support to City staff and
prepare a presentation to one City Council
meeting during the design process of the
project. This presentation is assumed to
be similar to the presentation given at the
Public Workshop and will include a summary
of any Active Transportation Committee
recommendations. Notes from this meeting
summarizing the engagement from all
community outreach phases will be prepared
and presented at a progress meeting for
discussion.

OPTIONAL PHASE – TRAFFIC SIGNAL AND

LIGHTING MODIFICATION COORDINATION
Coordinate with the City and Edison regarding
traffic signal modifications or streetlight and
power pole relocations.

PHASE 2 DELIVERABLES:
Preliminary 30% Design Plans
Preliminary Cost Estimate
Preliminary Design Review Meeting
One site visit with City staff to support
design discussion
Prepare, attend, and provide notes for
three community outreach meetings
PHASE 3: FINAL DESIGN PLANS,

SPECIFICATIONS, AND ESTIMATE
PHASE 3.1 FINAL 60% PS&E DESIGN
Acceptance of the Preliminary Design Plans
(with noted revisions) shall mean the design is
agreed upon and TDG will be notified in writing
to proceed to the 60% PS&E Design phase. TDG
will develop a plan set, technical specifications,
and detailed cost estimate that define the type,
location, size, and material of the proposed
bike lane separation treatments, curb ramps,
driveways, signals, traffic control devices,
bus boarding improvements, and crossing
improvements suitable for submission to the
City of Costa Mesa. The Package will consist of
the following information:
Title Sheet
General Notes and Legend Sheets
Street Improvement Plans
Signing and Marking Plans
Construction Details
Signal Plans
Construction Cost Estimate
Draft Technical Specifications
TDG prepares “turnkey” construction plans for Southern California cities with designs that balance the specific needs of the many different users of each community.
30'
12' 30'
8'
10'
6'
71'
FOOTHILL RD.

BURTON WAY
8' 6'
8'

RELOCATE BUS ZONE TO FAR SIDE

OF INTERSECTION

GREEN BICYCLE LANE
EXTENSION MARKING TYP.

CONCRETE BUS

BOARDING ISLAND

BURTON WAY
FO
R20'

BICYCLE LANE
SYMBOL TYP.

R25'

EXISTING LANDSCAPED MEDIAN

CAPED MEDIAN
B B
B B

REMOVE RED CURB
ADD 1 PARKING SPACE

GREEN BICYCLE LANE

NEW CURB RAMP

PEDESTRIAN CROSSING

CONCRETE BUS

BOARDING ISLAND
OM1-3 TYPE 1 OBJECT

MARKER SIGN
K-71 FLEXIBLE
POST TYP.

OM1-3 TYPE 1

OBJECT MARKER
SIGN
R10'

CONCRETE BUS PAD
60'
12' 6'
10'

CONCRETE BUS PAD
10'
60'
292
20 TDG ENGINEERING
Upon completion of the 60% PS&E package
and QA/QC review, TDG anticipates submitting
the package to the City and potentially
affected utility companies for review and
comments. We anticipate a timely review of
plans with comments provided by the City and
utility owners within three weeks of receipt.

We will streamline the review process by
meeting with the City and potential utility
stakeholders approximately one week after
comments have been received by the City
and utility stakeholders to discuss, request
clarification, and provide initial responses
to the comments that were submitted. A
comment matrix will be prepared by TDG to
record and respond to comments posed by
the City. This matrix will be submitted with the
final 90% PS&E package to ensure all the City
comments are addressed with the submittal.

TDG will conduct a field walk-through with
City staff to aid the 60% submittal’s designfocused discussion at the City’s discretion.

OPTIONAL PHASE – PREPARATION OF

TRAFFIC SIGNAL MODIFICATION PLANS
Based on designs approved by the City,
modifications to the existing traffic signals may
be required to accommodate the crossings of
bicyclists and pedestrians at the intersections
of Fair Drive, Wilson Street, and Newport
Boulevard along Fairview Road. A common
signal modification when lanes are shifted and/
or removed is the realignment of signal heads
with new travel lane locations and relocation
of in-ground loop detection. Other potential
signal enhancements such as bicycle signals,
right-turn on red restrictions, protected leftturn arrows, and leading pedestrian/bicycle intervals can be considered.

PHASE 3.2 AND 3.3 FINAL 90% AND
100% PS&E DESIGN
The 90% and 100% PS&E submissions further
build and refine the previous 60% submission.

For the 90% and 100% PS&E submission,
we will:
Develop and refine plans, specifications,
and estimate to incorporate agreed upon
changes requested during prior design
reviews by the City and provide formal
written responses through a commentresponse matrix
Update cost estimates and quantity take-offs
Address comments made to the technical
provisions and develop special provisions
for items that are not included in the
standard specifications
Conduct a field walk-through with
City staff at 90% submittal to aid
design-focused discussions
Prepare a Resident Engineer’s file
containing the Final 100% PS&E package,
quantity take offs and backup calculations,
CAD base files, and all relevant
topographical information and files
Utility coordination efforts that were started
during the Phase I are completed during
the final design phase; however, efforts
shift from identifying conflicts to finalizing
solutions in collaboration with utility company
representatives. If the potholing mentioned in
Phase I is required based on our coordination
efforts with utility owners, they will be
performed during this phase. We anticipate
that the utility owners will address all utility
designs if utility relocation is needed to
accommodate the improvements.

Upon completion of the 90% PS&E package
and QA/QC review, we anticipate submitting
the package to the City and potential
affected utility companies for review with
any remaining comments anticipated to me
minimal in nature. TDG will streamline the
review process by meeting with the City and
potential utility stakeholders approximately
one week after comments have been
received by the City and utility stakeholders
to discuss, request clarification, and provide
initial responses to the comments that were
submitted. A table comment matrix will be
293
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 21
prepared by TDG to record and respond to
comments posed by the City. All comments
received from the 90% PS&E Package
Submittal will be addressed in the 100% PS&E
Package. A revised 90% submission will not
be required as the submitted 100% PS&E
Package will be considered and prepared as a
final bid-ready package.

PHASE 3 DELIVERABLES:
60% PS&E Package
60% Review Comment-Response Matrix
60% Design Review Meeting
90% PS&E Package
90% Review Comment-Response Matrix
90% Design Review Meeting
Two field meetings with City staff to
support design discussions
100% Final Bid-Ready PS&E Package
Resident Engineer’s file
PHASE 4: CONSTRUCTION

TECHNICAL SUPPORT

REQUEST FOR INFORMATION
TDG will log and respond to requests for
information (RFIs) to clarify the scope of work
received during the advertising phase of
the project. Once awarded, TDG will provide
responses to the Contractor’s RFIs regarding
the final construction documents during
construction as requested by the City.

PROJECT BID ADDENDA
TDG will review and approve bid addenda, if
needed, in a timely matter for construction
letting including advertising construction
documents and conducting a bid analysis.

PRE-CONSTRUCTION MEETING
TDG will attend and provide construction
support to the City by attending one preconstruction meeting as requested by the City.

PHASE 4 DELIVERABLES:
RFI Log of Responses
Attendance at one Pre-Construction Meeting
TDG has seen a variety of projects through construction, and we are committed to retaining access and mobility through construction zones. 294
6 CITY OF OTHELLO TRANSPORTATION PLANNING SERVICES x.7

EXPERIENCE AND

RECORD OF SUCCESS

ON SIMILAR PROJECTS
295
22 TDG ENGINEERING
PROJECT MATRIXThe matrix below illustrates our team’s experience with various scope elements.

PROJECT NAME
ADA Design
Alternatives Analyses
Best Practice Review
Bicycle Facility Design
Community/Stakeholder Engagement
Complete Streets
Concept Exhibits
Construction Support
Design Evaluation/Plan Review
Design Guidelines/Standards Development
Final Design
First-/Last-Mile Connections
Grant Writing
Landscape Architecture/Streetscape
Mobility Hubs
Multimodal Safety Best Practices
On-Call/Staff Augmentation Experience
Pedestrian Infrastructure Design
Policy Support
Program Evaluation
Quick-Build Multimodal Planning/Design
Safety Studies and Reports
Signal Design
Signs and Marking Design
Traffic Engineering
Trail Planning and Design
Transit Facility Design
Vision Zero Implementation
AASHTO Bikeway Selection Guide = = = = = = = = = =AASHTO Guide for the Development of Bicycle Facilities = = =Alameda Active Transportation Plan, Alameda, CA = = = = = = =Alameda CTC Countywide Active Transportation Plan = = =Alameda On-Call: Engineering Technical Support, Alameda, CA = = = = = = = = = = = = = =Alameda Vision Zero Action Plan, Alameda, CA = =Austin Staff Augmentation Engineering Services for Street Design, Austin, TX = = = = = = = = = = = = = = =Berkeley Southside Complete Streets, Berkeley, CA = = = = = = = = = = = = = = = =Burton Way Bicycle Lane Upgrade Project, Beverly Hills, CA = = = = = =Center City Bicycle Network, Seattle, WA = = = = = = = = = = = = = = = =Cupertino On-Call Bikeway Design Services, Cupertino, CA = = = = = = = = = = = =Cross Alameda Trail, Alameda, CA = = = = = = = =Downtown West, San Jose, CA = = = = = = = = = = = = = =FHWA Achieving Multimodal Networks = = = = = = = = =FHWA Innovative Street Design and Accessibility = = = = = = =First Street Corridor Separate Bikeway Project, Burbank, CA = = = = = = = = = = = = = =Giant Road, San Pablo, CA = = = = = = = = =MTC On-Call Contracts, Bay Area, CA = = = = = = = =Russell Boulevard Corridor Plan, Davis, CA = = = = = = = = =San Pablo Bicycle and Pedestrian Corridor Study, San Pablo, CA = = = = = = = = = = = = =San Jose Complete Streets Design On-Call, San Jose, CA = = = = = = = = = = = = = =Santa Monica Transportation Planning and Engineering Design Services On-Call, Santa Monica, CA = = = = = = = = = = = = = = = =Travel by Trail, Fresno!, Fresno, CA = = = = =Unincorporated Alameda County Engineering On-Call, Alameda, CA = = = = =Union Street Cycle Track, Pasadena, CA = = = = = =Vera Avenue Bicycle Boulevard, Redwood City, CA = = = = = = = =Westside Mobility Projects, Los Angeles, CA = = = = = = = = = = = = = = = = = 296
7 CITY OF OTHELLO TRANSPORTATION PLANNING SERVICES x.8

FINANCIAL CAPACITY,

DISCLOSURE, AND

PROFESSIONAL

SERVICES AGREEMENT
297
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 23

FINANCIAL CAPACITY
TDG has the technical, financial, and
managerial competence to fulfill the consultant
requirements listed in the Fairview Road
Active Transportation Improvements project.

TDG can provide sufficient data to allow an
evaluation of our firm's financial capabilities if
requested by the City of Costa Mesa.

DISCLOSURE
TDG does not have any past or current
business and personal relationships with any
current Costa Mesa elected official, appointed
official, City employee, or family member
of any current Costa Mesa elected official,
appointed official, or City employee. TDG's
Dislcosure of Government Positions form is
located in Section 8 Forms.

EXCEPTIONS AND CONDITIONS
TDG has thoroughly reviewed the Request
for Proposals and supporting documents and
requests the following exceptions. However,
we are flexible, and can waive our exceptions
if necessary. We look forward to negotiation
with the City of Costa Mesa during the
contracting period.

6.9. INDEMNIFICATION AND HOLD HARMLESS.

Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected
officials, officers, agents and employees,
at Consultant'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 to the extent arising out
of the performance of the Consultant, 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
Consultant, 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 misconduct of the
Consultant, its employees, and/or authorized
subcontractors, and/or whenever any claim,
action, complaint or suit asserts liability
against the City, its elected officials, officers,
agents and employees based upon the work
performed by the Consultant, its employees,
and/or authorized subcontractors under this
Agreement, whether or not the Consultant, its
employees, and/or authorized subcontractors
are specifically named or otherwise asserted
to be liable.Notwithstanding the foregoing, the
Consultant shall not be liable for the defense
or indemnification of the City for claims,
actions, complaints or suits to the extent
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 Consultant's Proposal,
which shall be of no force and effect.

6.13. OWNERSHIP OF DOCUMENTS.

City shall indemnify and hold harmless
Consultant from all claims, damages, losses,
and expenses, including reasonable attorneys'
fees, to the extent arising out of or resulting
from City's use of such documents for other
projects not contemplated by this Agreement
or use of incomplete documents furnished by
Consultant. Consultant shall deliver to City
any findings, reports, documents, information,
data, in any form, including but not limited to,
computer tapes, discs, files audio tapes or
any other Project related items as requested
by City or its authorized representative, at
no additional cost to the City. Ownership
shall not extend to Consultant's underlying
means and methods used to create
work product. Additionally, any images,
graphics, photographs, etc. contained within
Consultant's deliverables thereto belonging
to Consultant shall remain the property of
Consultant unless otherwise indicated in the
scope of services.
298
8 CITY OF OTHELLO TRANSPORTATION PLANNING SERVICES x.9
FORMS
299
24 TDG ENGINEERING
X
TDG Engineering, Inc.

Daniel David, Jr.

Roswell Eldridge
Executive Vice President |
Chief Operating Officer [email protected]
301.927.1900 301.927.2800
8484 Georgia Avenue, Suite 800
Silver Spring, MD 20910
Project Manager [email protected]
213.257.8680 x410 301.927.2800
X
X

TDG ENGINEERING
300
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 25
85-3001491
TDG Engineering, Inc. will obtain a Costa Mesa
Business License upon award of contract.

N/A
Jennifer Toole
Roswell Eldridge
William Schultheiss
Nicholas Jackson
President
Executive Vice President |
Chief Operating Officer
Vice President |
Director of Design
Vice President | Director of Operations,
Northeastern U.S. and Canada
301.927.1900 x103
301.927.1900 x107
301.927.1900 x106
617.619.9910 x200

TDG ENGINEERING
Jeremy Chrzan Multimodal Design Practice Lead 301.927.1900 x155 301
26 TDG ENGINEERING
Roswell Eldridge
11/21/2022

TDG ENGINEERING
302
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 27
X

TDG ENGINEERING
303
28 TDG ENGINEERING
X

KDM MERIDIAN
304
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 29
None.

TDG ENGINEERING
305
30 TDG ENGINEERING
None.

KDM MERIDIAN
306
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 31
Corporation
N/A
527 W. 7th Street, Suite 701, Los Angeles, CA 90014
https://tooledesign.com/
213.257.8680 301.927.2800
[email protected]
20 years (2 years as TDG)
4 years
X
85-3001491
8am to 5pm on Monday to Friday
N/A
301.927.2800
Daniel David, Jr.
213.257.8680 x410
[email protected]
301.927.2800
Daniel David, Jr.
213.257.8680 x410
[email protected]
Roswell Eldridge
[email protected]
301.927.1900 x107 301.927.2800

TDG ENGINEERING
307
32 TDG ENGINEERING
City of Berkeley
510.981.7062
Eric Anderson
$614K
[email protected]
1947 Center Street, 4th Floor, Berkeley, CA 94704
TDG is leading the alternative analysis, public engagement, and final design of the Berkeley Southside Complete Streets project to meet the City’s goals of ensuring safety, improving transit reliability, and supporting the economic and cultural vitality of the Southside neighborhood.

Los Angeles Department of Transportation
213.972.8406
Christopher Rider
$1M
[email protected]
100 S. Main Street, 10th Floor, Los Angeles, CA 90012
Project intent is to develop conceptual plans with short, mid, and long-term infrastructure improvements along four corridors.

City of Burbank
818.238.5250
Hannah Woo
$59K
[email protected]
150 North Third Street, Burbank, CA 91502
TDG developed concepts for a pair of one-way separated
bikeways (Class IV) along both sides of N First Street and S Ikea Way in Burbank.

TDG ENGINEERING
308
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 33
Corporation
N/A
1340 Reynolds Avenue, Suite 110, Irvine, CA 92614
https://www.kdmmeridian.com/
949.768.0731 N/A
[email protected]
22 years
1 year
X
33-0897262
8am to 5pm on Monday to Friday
US Holidays, Weekends, 5pm to 8am
N/A
Richard C. Maher
949.738.0731
[email protected]
N/A
Kathleen Layaoen
949.768.0731
[email protected]
Carrie Smith
[email protected]
949.738.0731 N/A

KDM MERIDIAN
309
34 TDG ENGINEERING

KDM MERIDIAN
City of Fullerton
Stephen Bise, PE, TE
714.738.6300
On-Call Annually
[email protected]
303 W. Commonwealth Avenue, Fullerton, CA 92832
On-Call Surveying Services
City of Ontario
909.395.2137
Bryan Lirley, PE
On-Call Annually
[email protected]
13230 Penn Street, Whittier, CA 90602
On-Call Surveying Services
City of Whittier
562.567.9525
Raul Flore, PE
$25k
[email protected]
150 North Third Street, Burbank, CA 91502
sUAV mapping of 300ac for reservoir improvements
310
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 35
TDG Engineering, Inc.
11/21/2022
N/A

TDG ENGINEERING
311
527 W. 7th Street, Suite 701
Los Angeles, CA 90014
213.257.8680
www.tooledesign.com
312

EXHIBIT C

FEE SCHEDULE
313

ENVISIONING WHAT COULD BE, THEN BUILDING IT
527 W. 7 TH STREET, SUITE 701
LOS ANGELES, CA 90014
213.257.8680
TOOLEDESIGN.COM
December 20, 2022
City of Costa Mesa
Public Works Department
Attn: Stephanie Urueta
77 Fair Drive, 1st Floor
Costa Mesa, CA 92626
Submitted online via PlanetBids
RE: Request for Proposals for Engineering Design Services for Fairview Road Active Transportation Improvements; RFP No. 23-07

FEE SCHEDULE
Dear Stephanie Urueta and Members of the Selection Committee:

TDG Engineering, Inc. (TDG), an affiliate of Toole Design Group, LLC, is pleased to submit our fee schedule for the Fairview Road Active Transportation Improvements project. Appendix B Fee Schedule on the following page shows TDG's proposed budget. However, we are flexible and anticipate refining the fee in collaboration with the City of Costa Mesa. This proposal is valid for a minimum of 180 days following submission.

Together with the community of Costa Mesa, the TDG Team is posed to take on the challenges and opportunities presented by the Fairview Road Active Transportation Improvements project.

Sincerely,
Roswell Eldridge
Executive Vice President | Chief Operating Officer
314
2 TDG ENGINEERING
36,466
25,240
58,380
Phase IV: Construction Support $ 4,848
Phase 0: Project Management and Coordination $ 11,632
137,566
Direct Expenses $ 1,000

OPTIONAL FEES
Traffic Intersection Observation and Study $ 1,000
315
FAIRVIEW ROAD ACTIVE TRANSPORTATION IMPROVEMENTS 3
TDG ENGINEERING, INC. KDM MERIDIAN
Direct
Expenses
Total Hours Total Fee
Principalin-Charge Project Manager Civil QA/QC Lead Design QA/QC Lead Senior Engineer Project Engineer Project Engineer Project Planner Engineer II Survey
Manager
Project
Surveyor
Survey
Technician
Field Crew
(2-Person)
Clerical
Aide
TASKS
Adam Vest
Daniel
David
Amalia
Leighton Cody
Jeremy
Chrzan
Jesse
Peoples Gwen Shaw Sofia Duran Trevor Lien
Yasmin
Fuseini-Codjoe
$298 $226 $273 $271 $267 $121 $159 $143 $135 $210 $195 $157 $330 $90 $4,550 0: PROJECT MANAGEMENT AND COORDINATION 58 $11,632Kickoff Meeting 1 4 1 1 1 2 1 1 1 13 $2,692Progress Meetings 2 8 1 1 1 1 8 22 $4,174Progress Reports and Invoices 6 6 $1,356Design Review Meetings 2 3 3 5 4 17 $3,4101: TOPOGRAPHY SURVEY, UTILITY RESEARCH, AND PROJECT COLLECTION 158 $36,4661.1 Topographic Survey (including Aerial Mapping and Direct Expenses) 3 21 28 29 1 1 83 $23,3311.2 Utility Research and Coordination 2 4 8 12 26 $4,4121.3 Project Data Collection 2 1 8 10 12 33 $6,071Project Site Visit 4 4 4 4 16 $2,6522: PRELIMINARY DESIGN PLANS AND COMMUNITY OUTREACH 140 $25,2402.1 Preliminary Design 2 6 8 8 12 4 18 4 50 112 $20,1762.2 Community Outreach 12 4 12 28 $5,0643: FINAL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE 328 $58,3803.1 60% PS&E Design 6 10 10 10 12 32 58 138 $25,6103.2 90% PS&E Design 4 6 4 4 8 32 46 104 $18,1583.3 100% PS&E Design 2 4 2 2 6 20 32 68 $11,690Project Site Visit(s) 4 4 4 6 18 $2,9224: CONSTRUCTION TECHNICAL SUPPORT 20 $4,848Construction Support 12 8 20 $4,848 Total Hours 19 83 26 25 63 7 139 26 233 3 21 28 29 1 1 621 - Total Fee $5,662 $18,758 $7,098 $6,775 $16,821 $847 $22,101 $3,718 $31,455 $630 $4,095 $4,396 $9,570 $90 $4,550 - $136,566 Direct Expenses (Travel, reproduction etc.) $1,000
TOTAL FEE $137,566
OPTIONAL Traffic Intersection Observation and Study $1,000 FEE SCHEDULEThe fee schedule below shows TDG's proposed budget. However, we are flexible and anticipate refining the fee in collaboration with the City of Costa Mesa. 316

EXHIBIT D
CITY COUNCIL POLICY 100-5
317

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

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;
B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE
1 of 3
318

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE
2 of 3

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; 319

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.
320

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-992 Meeting Date: 1/17/2023
TITLE:

ADOPT RESOLUTION APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2023-2024 FOR THE PERIOD OF JULY 1, 2023 TO JUNE 30, 2024 DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR, (714) 754-5243 RECOMMENDATION:

BACKGROUND:

As of February 1, 2012, all California redevelopment agencies were dissolved. The Successor Agency to the Costa Mesa Redevelopment Agency (Successor Agency) succeeded to the Costa Mesa Redevelopment Agency (former Agency). The Successor Agency is performing its functions under Division 24, Parts 1.8 and 1.85 of the Health and Safety Code, as amended by Assembly Bill 1484 and other subsequent legislation (together as amended, the “Dissolution Law”), to administer the enforceable obligations and otherwise unwind the affairs of the former Agency, all subject to review and approval by the seven-member countywide oversight board.

One of the enforceable obligations is the $9.3 million loan from the City’s General Fund to the former Agency. In May 2014, DOF approved the reinstatement of the Successor Agency’s loan and allowed the annual loan repayment be placed on Recognized Obligation Payment Schedules (ROPS), subject to annual approval by the oversight board and DOF.

At previous meetings of the Successor Agency, under the Dissolution Law, all prior ROPS were approved and thereafter submitted to the local oversight board, then to the DOF, and ultimately approved with modifications. As of July 1, 2018; the Orange Countywide Oversight Board serves as the oversight board to the 25 successor agencies in Orange County. This attached resolution and ROPS schedule is for the annual ROPS for FY 2023-24 (Attachment 1). Under Section 34171(h) of the California Health and Safety Code, as amended, the ROPS is “the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each

Page 1 of 3 ends

321
File #: 23-992 Meeting Date: 1/17/2023
minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177.” Under the dates required in the Dissolution Law, the Successor Agency is required to consider and adopt the ROPS for the period of July 1, 2023 to June 30, 2024, and submit such approved ROPS to the DOF on or before February 1, 2023. Section 34177(l) of Part 1.85, as amended, requires the Successor Agency to take actions with regard to each ROPS as follows:
“(l) (1) … For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment:
(A) Low and Moderate Income Housing Fund.
(B) Bond proceeds.
(C) Reserve balances.
(D) Administrative cost allowance.
(E) The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provisions of this part. (F) Other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the former redevelopment agency, as approved by the oversight board in accordance with this part. (o) (1) Commencing with the Recognized Obligation Payment Schedule covering the period from July 1, 2016, to June 30, 2017, inclusive, and for each period from July 1 to June 30, inclusive, thereafter, a successor agency shall submit an oversight board-approved Recognized Obligation Payment Schedule to the department and to the county auditorcontroller no later than February 1, 2016, and each February 1 thereafter…” ANALYSIS:

The Successor Agency resolution and the ROPS FY 2023-24 report (Attachment 1) are included with this agenda report. Currently, the only enforcement obligation is the annual payment on the promissory note for the reinstated City/Former Agency loan under Section 34191.4, which annual payment has been listed and approved by the DOF on the ROPS since DOF approved its reinstatement in 2014.

The timing for DOF’s review of each annual ROPS is set forth in subsection (o) of Section 34177 which provides:
“The department shall make its determination of the enforceable obligations and the amounts and funding sources of the enforceable obligations no later than April 15, 2016, and each April 15 thereafter. Within five business days of the department’s determination, a successor agency may request additional review by the department and an opportunity to meet and confer on disputed items, except for those items which are the subject of litigation disputing the department’s previous or related determination. An untimely submittal of a Recognized Obligation Payment Schedule may result in a meet and confer period of less than 30 days.

The department shall notify the successor agency and the county auditor/controller as to the

Page 2 of 3 ends

322
File #: 23-992 Meeting Date: 1/17/2023
The department shall notify the successor agency and the county auditor/controller as to the outcome of its review at least 15 days before the date of the first property tax distribution for that period.”
Staff recommends that the Successor Agency adopt the attached Resolution approving ROPS FY 2023-24 and authorize the Finance Director or her authorized designee to transmit to the Oversight Board for its review and approval, and under the Dissolution Law, concurrently to send a copy of ROPS FY 2023-24 to the DOF, the Orange County Auditor-Controller, the Orange County Administrative Officer, and State Controller’s Office as required.

Further, the Finance Director or her authorized designee, in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s) with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF, which changes, if any, will be reported back to the Successor Agency and the Oversight Board.

ALTERNATIVES:

The Successor Agency may choose to reject all or part of the ROPS FY 2023-24 as presented.

However, an approved ROPS must be transmitted to the County Oversight Board, ultimately the DOF, by February 1, 2023 for the continued funding.

FISCAL REVIEW:

If the DOF approves the ROPS FY 2023-24 as submitted, the Successor Agency will receive $1,710,056 for the period July 1, 2023 to June 30, 2024 to pay the Successor Agency’s enforceable obligations.

LEGAL REVIEW:

The City Attorney’s Office has reviewed the report, and approves the report as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Page 3 of 3 ends

323

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-992 Meeting Date: 1/17/2023
TITLE:

BACKGROUND:

Page 1 of 3 ends

324
File #: 23-992 Meeting Date: 1/17/2023
minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177.” Under the dates required in the Dissolution Law, the Successor Agency is required to consider and adopt the ROPS for the period of July 1, 2023 to June 30, 2024, and submit such approved ROPS to the DOF on or before February 1, 2023. Section 34177(l) of Part 1.85, as amended, requires the Successor Agency to take actions with regard to each ROPS as follows:
“(l) (1) … For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment:
(A) Low and Moderate Income Housing Fund.
(B) Bond proceeds.
(C) Reserve balances.
(D) Administrative cost allowance.
(E) The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provisions of this part. (F) Other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the former redevelopment agency, as approved by the oversight board in accordance with this part. (o) (1) Commencing with the Recognized Obligation Payment Schedule covering the period from July 1, 2016, to June 30, 2017, inclusive, and for each period from July 1 to June 30, inclusive, thereafter, a successor agency shall submit an oversight board-approved Recognized Obligation Payment Schedule to the department and to the county auditorcontroller no later than February 1, 2016, and each February 1 thereafter…” ANALYSIS:

The department shall notify the successor agency and the county auditor/controller as to the

Page 2 of 3 ends

325
File #: 23-992 Meeting Date: 1/17/2023
The department shall notify the successor agency and the county auditor/controller as to the outcome of its review at least 15 days before the date of the first property tax distribution for that period.”
Staff recommends that the Successor Agency adopt the attached Resolution approving ROPS FY 2023-24 and authorize the Finance Director or her authorized designee to transmit to the Oversight Board for its review and approval, and under the Dissolution Law, concurrently to send a copy of ROPS FY 2023-24 to the DOF, the Orange County Auditor-Controller, the Orange County Administrative Officer, and State Controller’s Office as required.

ALTERNATIVES:

The Successor Agency may choose to reject all or part of the ROPS FY 2023-24 as presented.

However, an approved ROPS must be transmitted to the County Oversight Board, ultimately the DOF, by February 1, 2023 for the continued funding.

FISCAL REVIEW:

LEGAL REVIEW:

The City Attorney’s Office has reviewed the report, and approves the report as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

Page 3 of 3 ends

326
Attachment 1
SUCCESSOR AGENCY RESOLUTION NO. 23-XX

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE COSTA MESA

REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FY 2023-24 FOR THE ANNUAL
FISCAL PERIOD OF JULY 1, 2023 TO JUNE 30, 2024, SUBJECT TO

SUBMITTAL TO, AND REVIEW BY THE ORANGE COUNTYWIDE

OVERSIGHT BOARD AND THE STATE OF CALIFORNIA,

DEPARTMENT OF FINANCE UNDER CALIFORNIA HEALTH AND
SAFETY CODE, DIVISION 24, PART 1.85; AND, AUTHORIZING THE

POSTING AND TRANSMITTAL THEREOF
WHEREAS, the former Costa Mesa Redevelopment Agency (“Former Agency”) was established as a redevelopment agency which was previously organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., and previously authorized to transact business and exercise powers of a redevelopment agency pursuant to action of the City Council of the City of Costa Mesa (“City”); and
WHEREAS, Assembly Bill x1 26 added Parts 1.8 and 1.85 to Division 24 of the California Health and Safety Code, which caused the dissolution of all redevelopment agencies and winding down of the affairs of former agencies, including as such laws were amended by Assembly Bill 1484 and by other subsequent legislation (together, as amended, the “Dissolution Law”); and
WHEREAS, as of February 1, 2012 the Former Agency was dissolved under the Dissolution Law, and as a separate public entity, the Successor Agency to the Costa Mesa Redevelopment Agency (“Successor Agency”) administers the enforceable obligations of the former Agency and otherwise dissolves the former Agency’s affairs, all subject to the review and approval by a seven-member oversight board; and WHEREAS, under Section 34179(j) of the Dissolution Law, in every California county there shall be one oversight board that is staffed by the county’s auditor-controller; and
WHEREAS, the applicable consolidated oversight board overseeing this Successor Agency is called the Orange Countywide Oversight Board (“Oversight Board”); and
WHEREAS, every oversight board, both the prior local oversight board and the Oversight Board, has fiduciary responsibilities to the holders of enforceable obligations and to the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188 of the Dissolution Law; and
WHEREAS, Sections 34177(m), 34177(o) and 34179 provide that each ROPS is submitted to, reviewed and approved by the Successor Agency and then reviewed and approved by the Oversight Board before final review and approval by the State of California, Department of Finance (“DOF”); and
WHEREAS, Section 34177(o) of the Dissolution Law requires that the annual ROPS for the 2023-24 A-B fiscal period of July 1, 2023 to June 30, 2024 (“ROPS FY 327
2023-24”) shall be submitted to the DOF by the Successor Agency, after approval by the Oversight Board, no later than February 1, 2023; and
WHEREAS, the ROPS FY 2023-24, in the form required by DOF, is attached as Exhibit A and fully incorporated by this reference; and WHEREAS, the Successor Agency has reviewed the ROPS FY 2023-24 and desires to approve this schedule and to authorize and direct the Successor Agency staff to transmit the ROPS FY 2023-24 to the Oversight Board, with copies to the Orange County Administrative Officer (“CAO”), Orange County Auditor-Controller (“CAC”), the State Controller’s Office (“SCO”) and DOF as required by Dissolution Law; and WHEREAS, the Successor Agency shall post the ROPS FY 2023-24 on the City/Successor Agency website www.costamesaca.gov.

NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY:

Section 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution.

Section 2. The Successor Agency approves ROPS FY 2023-24 submitted herewith as Attachment 1, under the requirements of the Dissolution Law; provided however, that the ROPS FY 2023-24 is approved subject to the condition such ROPS FY 2023-24 is to be transmitted to the Oversight Board for review and approval and a copy of such ROPS FY 2023-24 shall concurrently be sent to the CAO, CAC, SCO, and DOF. Further, the Finance Director (and her authorized designee), in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s), if any, with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF.

Section 3. After approval by the Oversight Board, the Successor Agency authorizes transmittal of the approved ROPS FY 2023-24 again to the CAC, SCO and DOF.

Section 4. The Finance Director of the Successor Agency or her authorized designee is directed to post this Resolution, including the ROPS FY 2023-24, on the City/Successor Agency website (www.costamesaca.gov) under the Dissolution Law.

Section 5. The Secretary of the Successor Agency shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 17th day of January 2023.

John Stephens, Chair
Successor Agency to the Costa Mesa
Redevelopment Agency
328
(SEAL)
ATTEST:

Brenda Green, Secretary
Successor Agency to the Costa Mesa Redevelopment Agency

APPROVED AS TO FORM
_____________________________
Kimberly Hall Barlow,
Successor Agency Counsel
329

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF COSTA MESA )
I, Brenda Green, Secretary of the Successor Agency to the Costa Mesa Redevelopment Agency, hereby certify that the foregoing resolution was duly adopted by the Successor Agency at a regular meeting held on the 17 th day of January 2023, and
that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Green, Secretary
Successor Agency to the Costa Mesa
Redevelopment Agency
(SEAL)
330

EXHIBIT A
to Successor Agency Resolution No. 23-xx
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FY 2023-24
FOR PERIOD JULY 1, 2023 TO JUNE 30, 2024
331
Recognized Obligation Payment Schedule (ROPS 23-24) -
Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Costa Mesa
County: Orange
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS
23-24 Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $1,710,056 $ - $ 1,710,056 F RPTTF 1,710,056 - 1,710,056
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $1,710,056 $ - $ 1,710,056 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Attachment 2
332
Costa Mesa
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024

A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 22-23A (Jul - Dec)
23-24A
Total
ROPS 22-23B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$ 1,710,056 $1,710,056 $- $- $- $1,710,056 $- $1,710,056 $- $- $- $- $- $- 6 Promissory
Note
Payable
City/County
Loan (Prior 06/
28/11), Cash
exchange
09/30/
1971
06/30/2024 City of
Costa
Mesa
Original
Loan to
establish
RDA
Downtown N $1,710,056 - - - 1,710,056 - $1,710,056 - - - - - $- 333
Costa Mesa
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
23,912 Prior ROPS excess cash
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
1,270,134 AB1484 requires 20% ($254,027) of loan
repayment ($1,270,134) to be transferred
to Low and Moderate Income Housing
Asset Fund per HSC 34191.4(s)(2)(c).
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
Successor Agency's FY 20/21 total
expenditures and loan repayments
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 19-20 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/21) C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$0 $- $- $0 $
1,291,045
3,001 Prior ROPS excess cash
334
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

Non-Admin
and Admin
335
Costa Mesa
Recognized Obligation Payment Schedule (ROPS 23-24) -
Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
6 336

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-985 Meeting Date: 1/17/2023
TITLE:

AMENDMENT TO THE CITY OF COSTA MESA’S MUNICIPAL CODE 3-151 FOR APPEALS FROM

POLICE CHIEF ACTIONS RELATED TO SPECIAL ANIMAL PERMITS
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: RONALD LAWRENCE, CHIEF OF POLICE
CONTACT INFORMATION: RONALD LAWRENCE, CHIEF OF POLICE, (714) 754-5117 SUMMARY:

The City of Costa Mesa Municipal Code (CMMC) currently provides authority to the Chief of Police to issue special animal permits, to grant or deny applications for special animal permits, and to take action on permits including the revocation or suspension of such permits. The appeal process outlined in CMMC 3-151 currently requires the City Council to hear appeals for actions taken pursuant to Chapter VI. This Ordinance 2023-xx amends CMMC 3-151 to instead direct appeals under Chapter VI to the City Manager as with other appeals processes contained in the Municipal Code.

RECOMMENDATION:

Staff recommends that the City Council:

BACKGROUND:

Pursuant to CMMC Chapter IV, the Chief of Police approves or denies applications for the keeping of any non-domesticated or other prohibited animals within the City (e.g. chickens, foul, livestock, or other animals that could cause noise, odors, nuisances, dangers, or menacing the safety of persons or property) and the Chief of Police may for good cause impose certain conditions, revoke or suspend issued permits.

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337
File #: 23-985 Meeting Date: 1/17/2023
ANALYSIS:

The following is a description of the proposed amendments to Title 3 (Animal Regulations) of the CMMC.
3-151. Appeals from action of police chief.
(a) If any person is aggrieved by any action of the police chief taken pursuant to this chapter, such person may appeal to the city manager by filing with the city clerk a statement addressed to the city manager setting forth the facts and circumstances regarding the action or failure to act on the part of the police chief. The city clerk shall notify the applicant in writing by registered mail of the time and place set for hearing the appeal. The city manager shall hold a hearing and determine the merits of the appeal, and may sustain, overrule or modify the action of the police chief. The decision of the city manager shall be final. (b) The right to appeal to the city manager from any action or decision of the police chief under this chapter shall terminate upon the expiration of fifteen (15) days following the giving of notice to the applicant advising them of the action of the police chief. (Ord. No. 07-16, § 1, 8- 7-07).

The proposed amendment provides consistency with the other appeal processes within the City. A complete and consistent appeal process within the City will be efficient and comprehensible for the public and City staff.

ALTERNATIVES:

The City Council may adopt the ordinance or provide alternative direction.

FISCAL REVIEW:

There is no fiscal impact with amending Costa Mesa Municipal Code 3-151 - Appeals from Action of Police Chief.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends that the City Council:

Introduce for first reading the attached Ordinance No. 2023-xx to amend Section 3-151 (Appeals from Action of Police Chief) of Chapter VI (Special Animal Permit) of Title 3 (Animal Regulations) of the Costa Mesa Municipal Code to authorize the City Manager to hear any appeal under this Chapter, in place of the City Council.

Page 2 of 2 ends

Costa Mesa City CouncilJanuary 17, 2023

Costa Mesa City Council
January 17, 2023