Costa Mesa City Council
April 4, 2023

D-4

76 Concern Schools College Park Elementary
77 Concern Schools Costa Mesa High School
78 Concern Schools Adams Elementary School
79 Concern Schools Central Orange County CTE Partnership (CTEp) 80 Concern Schools NMUSD District Office
81 Concern Schools Early College High School
82 Concern Schools Killybrooke Elementary School
83 Concern Schools Charles W. Tewinkle Middle
84 Concern Schools California Elementary
85 Concern Schools Back Bay/ Monte Vista High School
86 Concern Schools Harper
87 Concern Schools Everett A. Rea Elementary
88 Concern Schools Wilson Elementary
89 Concern Schools Sonora Elementary

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Appendix E – Hazard Mitigation
Implementation Handbook

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City of

Local Hazard Mitigation Plan Implementation
Handbook

August 2022

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What Is This Handbook?
The Local Hazard Mitigation Plan (LHMP) for the City of Costa Mesa features an evaluation of the City’s hazards as well as a variety of corresponding mitigation actions. These actions are intended to preserve public safety, maintain critical municipal government operations and services when hazard events emerge, and empower community members to take on hazard mitigation at an individual level. This Implementation Handbook (Handbook) is intended for use by City staff and decision makers after the LHMP is adopted. It will:
 Give clear instructions as to what to do following adoption of the LHMP.  Simplify future updates to the LHMP.
 Assist the City in preparing grant funding applications related to hazard mitigation.  Guide annual plan review actions.

How do I Use This Handbook?
This Handbook can help City staff and decision makers in several different situations. If and when the events listed below occur, consult the respective sections of this Handbook for advice on how best to proceed:
 A disaster proclamation has been issued by the Costa Mesa City Council  A disaster proclamation has been issued by the State of California  A disaster declaration has been signed by the Federal Government  I want to apply for mitigation grant funding
 Costa Mesa is undergoing its budgeting process
 Costa Mesa is holding its annual meeting of the Hazard Mitigation Planning Team  Costa Mesa is updating the following policy and regulatory documents:
 The Local Hazard Mitigation Plan
 The Safety Element of the General Plan
 The Housing Element of the General Plan
 The Zoning Code
Who Maintains This Handbook?
The leader of the Hazard Mitigation Planning Committee (HMPC) is the one responsible for maintaining this Handbook. At the time of writing, the current HMPC leader is Jason Dempsey from the Costa Mesa Police Department. The HMPC may delegate this responsibility to someone else should they so choose.

What to do when a disaster has been proclaimed or declared Disasters may be proclaimed or declared by the Costa Mesa City Council, the State of California, or the federal government. Responsibilities may differ depending on who proclaims or declares the disaster. If multiple organizations proclaim or declare a disaster, consult all applicable lists. 491
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The Costa Mesa City Council
If the Costa Mesa City Council (or the Director of Emergency Services, if the City Council is not in session) proclaims a Local Emergency, take the following steps:
 Update Attachment 1 with information about the disaster. Include information about cumulative damage, including any damage outside of Costa Mesa.  Discuss opportunities for local assistance with the representatives from the California Office of Emergency Services (Cal OES).
 If the disaster damages local infrastructure or City-owned facilities, repair or rebuild the structure to be more resilient, following applicable hazard mitigation actions. A list of actions, organized by hazards, is included as Attachment 4.
 Chapter 6 of the Costa Mesa LHMP states that the City should consider updating the LHMP if a disaster causes a loss of life in the community, even if there is no state disaster proclamation or federal disaster declaration that includes part or all of the City. If there is a loss of life in Costa Mesa, consider updating the LHMP. Consult the section on updating the LHMP in this Handbook for details.

The State of California
If the State of California proclaims a disaster for Costa Mesa, or an area that includes part or all of Costa Mesa, take the following steps:
 Update Attachment 1 with information about the disaster. Include information about cumulative damage, including any damage outside of Costa Mesa.  Collaborate with representatives from Cal OES to assess the damage from the event.  Discuss opportunities for local assistance with representatives from Cal OES.  If the disaster damages local infrastructure or City-owned facilities, repair or rebuild the structure to be more resilient, following applicable hazard mitigation actions. A list of actions, organized by hazards, is included as Attachment 4.
 If the disaster may escalate into a federal disaster declaration, begin any necessary coordination with representatives from the Federal Emergency Management Agency (FEMA).  Chapter 6 of the Costa Mesa LHMP states that the City should consider updating the LHMP if a disaster leads to a state disaster proclamation or federal disaster declaration that includes part or all of Costa Mesa, even if there is no loss of life. Consider updating the LHMP. Consult the section on updating the LHMP in this Handbook for details.

The Federal Government
If the federal government declares a disaster for Costa Mesa, or any area that includes part or all of Costa Mesa, take the following steps:
 Update Attachment 1 with information about the disaster. Include information about cumulative damage, including any damage outside of Costa Mesa.  Collaborate with representatives from Cal OES and FEMA to assess the damage from the event. 492
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 Determine if Costa Mesa will be eligible for public assistance funds related to the federal disaster declaration. These funds can be used to reimburse the City for response and recovery activities. If the City is eligible, work with FEMA and Cal OES representatives to enact the necessary requirements and receive funding.
 If the disaster damages local infrastructure or City-owned facilities, repair or rebuild the structure to be more resilient, following applicable hazard mitigation actions. A list of actions, organized by hazards, is included as Attachment 4.
 The Hazard Mitigation Grant Program (HMGP) is a FEMA program that helps fund hazard mitigation activities after a disaster event. Costa Mesa may be eligible for funding because of the federal disaster declaration, although not all activities may meet the program’s requirements. If Costa Mesa is eligible, work with FEMA to apply for this funding.  Chapter 6 of the Costa Mesa LHMP states that the City should consider updating the LHMP if a disaster leads to a state disaster proclamation or federal disaster declaration that includes part or all of Costa Mesa, even if there is no loss of life. Consider updating the LHMP. Consult the section on updating the LHMP in this Handbook for details.

I Want to Apply for Mitigation Grant Funding
There are three potential grant funding programs that FEMA administers for hazard mitigation activities.

Two of these programs, the Building Resilient Infrastructure and Communities (BRIC) and Flood Mitigation Assistance (FMA) funding sources, are available to communities with an LHMP that complies with FEMA guidelines and has been adopted within the past five years. The third funding program is the Hazard Mitigation Grant Program (HMGP), which is available for communities that are part of a federal disaster declaration. This section discusses the BRIC and FMA programs, and how to apply for them. The HMGP is discussed under the “Federal Government” subsection of the above “What to Do When a Disaster Has Been Proclaimed or Declared” section.

Building Resilient Infrastructure and Communities (BRIC) Building Resilient Infrastructure and Communities (BRIC) will support states, local communities, tribes and territories as they undertake hazard mitigation projects, reducing the risks they face from disasters and natural hazards. BRIC is a new FEMA pre-disaster hazard mitigation program that replaces the existing Pre-Disaster Mitigation (PDM) program.

The BRIC program guiding principles are supporting communities through capability- and capacity- building; encouraging and enabling innovation; promoting partnerships; enabling large projects; maintaining flexibility; and providing consistency.

Development projects must be identified in a hazard mitigation plan that meets FEMA guidelines and was adopted within the past five years. When applying to this program, review the list of hazard mitigation actions in Attachment 4 to see which projects may be eligible. Planning efforts for communities that lack a valid hazard mitigation plan may be eligible for funding if the effort would create a valid hazard mitigation plan. All BRIC grant applications are processed through the State. To learn more, consult with Cal OES representatives or visit the FEMA webpage on the program. At time of writing, this webpage is available at https://www.fema.gov/pre-disaster-mitigation-grant-program. 493
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TAKE THE FOLLOWING STEPS TO APPLY FOR BRIC FUNDING:
 Confirm that the program is currently accepting funding applications. Check with representatives from Cal OES or consult the Cal OES webpage on the BRIC program. At time of writing, this webpage is available at http://www.caloes.ca.gov/cal-oes-divisions/hazard- mitigation/pre-disaster-flood-mitigation.
 Identify the actions from the hazard mitigation strategy (see Attachment 4) that call on the City to pursue funding or list grants as a potential funding source. Confirm that the actions are consistent with the requirements of the BRIC grant.
 Coordinate with Cal OES representatives to compile and submit materials for the grant application.

Flood Mitigation Assistance
The FMA grant program is a competitive, national program that awards funding for physical development projects and planning efforts that mitigate against long-term damage from flooding. The funding is only available to communities that participate in the National Flood Insurance Program (NFIP), which Costa Mesa currently does. Communities must also have a valid hazard mitigation plan that meets FEMA guidelines in order to be eligible, and all projects must be consistent with the list of actions in the hazard mitigation strategy. When applying to this program, review the list of hazard mitigation actions in Attachment 4 to see which projects may be eligible. As with the BRIC program, applications for the FMA program must be processed through the State. To view more information, consult with Cal OES representatives or visit the FEMA webpage on the program. At time of writing, this webpage is available at https://www.fema.gov/flood-mitigation-assistance-grant-program.

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AKE THE FOLLOWING STEPS TO APPLY FOR FMA FUNDING:
 Confirm that the program is currently accepting funding applications. Check with representatives from Cal OES or consult the Cal OES webpage on the FMA program. At time of writing, this webpage is available at http://www.caloes.ca.gov/cal-oes-divisions/hazard- mitigation/pre-disaster-flood-mitigation.
 Identify the actions from the hazard mitigation strategy (see Attachment 4) that call on the City to pursue funding or list grants as a potential funding source. Confirm that the actions are consistent with the requirements of the FMA grant.
 Coordinate with Cal OES representatives to compile and submit materials for the grant application

Costa Mesa is going through the budgeting process
Costa Mesa’s budget process is an ideal opportunity to secure funding for hazard mitigation actions, and to ensure that hazard mitigation efforts are incorporated into the City’s fiscal priorities. Costa Mesa currently operates on an annual budget cycle that runs from July 1 to June 30. During this process, City staff should take the following steps to incorporate hazard mitigation into Costa Mesa’s annual budget:
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 Include hazard mitigation activities into Costa Mesa’s list of Capital Improvement Projects (CIP).

Review the list of hazard mitigation actions in Attachment 4 and identify the projects that can be included into the CIP or can support efforts within the CIP.  Review the risk and threat assessments in the LHMP (Chapter 3 and Chapter 4) to ensure that all items in the list of CIP are being planned, designed, and constructed so as to minimize the threat from hazard events.
 Identify opportunities to identify state-alone hazard mitigation actions through the annual budget process. Include appropriate items from Attachment 4 in the budget as stand-alone line items, particularly items that the Hazard Mitigation Planning Committee (Planning Team) considered a high priority.
 Set aside staff to conduct hazard mitigation activities, including time to participate in Planning Team meeting and time to research, prepare, and submit BRIC and FMA grant opportunities (consult the “I Want to Apply for Mitigation Grant Funding” section above).  Ensure that hazard mitigation activities are reflected in each department’s priorities and earmarked time for specific goals.

Costa Mesa is Conducting its Annual meeting of the Hazard Mitigation Planning Team
The hazard mitigation planning process brings together representatives from multiple City departments, as well as other relevant stakeholders, and provides a forum to discuss the hazards in Costa Mesa and how to mitigate them effectively. As mentioned in Chapter 6 of the LHMP, the Planning Team should meet at least once each year, beginning a year after the LHMP is adopted. During these meetings, the Planning Team should discuss implementation progress and integration of hazard mitigation actions in other City documents. At these meetings, the Planning Team can review the status of the hazard mitigation actions and discuss whether completed or in-progress actions are working as expected. These meetings also allow the Planning Team to strategically plan for the upcoming year.

It may help for the Planning Team to meet early in the year, in advance of annual budget activities.

Attachment 3 contains an example of a Planning Team Meeting Agenda.

The annual meeting should include representatives from City departments and other organizations that originally prepared the LHMP. Representatives from other relevant organizations should also be invited.

During the preparation of the LHMP, the following individuals were part of the Planning Team:

Costa Mesa Hazard Mitigation Planning Committee
Name Title Department
Jason Dempsey Emergency Services Police
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Administrator
Alma Reyes (or designee) Assistant to the City Manager CMO Stacy Bennett (or designee) Deputy City Clerk City Clerk, CMO Tony Dodero (or designee) Public Information Officer City Manager, Communications Jennifer Le (or designee) Development Services Director Development Services Dan Inloes (or designee) Economic Development
Administrator
Development Services
Carol Molina (or designee) Finance Director Finance
Jon Neal (or designee) Fire Marshal Fire
Joe Noceti (or designee) Public Information Officer Fire Kasama Lee (or designee) Human Resources Manager Human Resources Steve Ely (or designee) IT Director Information Technology Roxi Fyad (or designee) Public Affairs Manager Police
Salem Afeworki (or designee) Energy and Sustainability
Services Manager
Public Services
Jason Minter (or designee) PCS Director Parks and Community Services Captain Joyce LaPointe Police Captain Police
Jennifer Rosales Transportation Services
Manager
Public Services
Raja Sethuraman Public Services Director Public Services Seung Yang City Engineer Public Services
Daniel Jojola Maintenance Supervisor Public Services

In advance of Planning Team meetings, consider using Attachment 1 to maintain an accurate list of recent disaster events that have occurred in and around Costa Mesa since the LHMP was adopted. At the Planning Team meeting, review the Plan Maintenance Table (Attachment 2) to identify any gaps in the LHMP or any other component of the Plan that needs updating. This also allows Planning Team members the opportunity to review the actions in the hazard mitigation strategy (Attachment 4) and ensure that they are implemented as intended.

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Costa Mesa is updating its policy and regulatory documents If Costa Mesa is updating the LHMP, the Safety Element or Housing Element of the General Plan, or the Zoning Code, consult the following applicable section.

Local Hazard Mitigation Plan
All LHMPs should be updated every five years. This helps keep the plan up to date and ensures that it reflects the most recent guidance, requirements, science, and best practices. An updated LHMP also helps keep Costa Mesa eligible for hazard mitigation grants that require a valid, recent LHMP (see “I Want to Apply for Mitigation Grant Funding”), along with an increased amount of post-disaster recovery funds.

The update process for the LHMP takes approximately one year. To ensure that a new LHMP comes into effect before the previous one expires, the update process should begin no later than four years after the plan is adopted. Updates may occur sooner at the City’s discretion. Potential reasons for updating the LHMP sooner may include a state disaster proclamation or federal disaster declaration that covers part or all of Costa Mesa, or if a disaster leads to a loss of life in Costa Mesa (see the “What to Do When a Disaster Has Been Proclaimed or Declared” section), as discussed in Chapter 6 of the LHMP.

Take the following steps to update the LHMP:

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SSEMBLE THE HAZARD MITIGATION PLANNING TEAM
 Convene a Planning Team meeting no later than four years after the LHMP is adopted. Invite the regular Planning Team members, along with representatives from other organizations that may have a role to play in the update process.
 Review the current status of mitigation actions, including if there are any that are not being implemented as planned or are not working as expected. Determine if there have been any changes in hazard events, regulations, best practices, or other items that should be incorporated into an updated LHMP.
 Decide if there is a need for a technical consultant to assist with the LHMP update, and conduct consultant selection activities if needed. If a consultant is desired, the selection process should begin a few months before the update gets underway.
 Create and implement a community engagement strategy, building off of the strategy prepared for the existing LHMP. Describe in-person and online engagement strategies and materials, including ideas for meetings and workshops, draft community surveys, content for websites and press releases, and other materials that may be useful.

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PDATE THE RISK AND THREAT ASSESSMENTS
 Review and update the risk assessment to reflect the most recent conditions in Costa Mesa.

Consider recent hazard events, new science associated with hazards and climate change, new development and land use patterns, and other recent changes on local conditions.  Evaluate the status of all key facilities. Update this list if new facilities have been constructed, or if existing facilities have been decommissioned. Re-assess the threat to key facilities. 497
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 Review the demographics of community residents and update the threat assessment for vulnerable populations and other community members.
 Assess any changes to the threat to all other community assets, including key services, other facilities, and economic drivers.

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PDATE THE MITIGATION ACTIONS
 Update the existing hazard mitigation actions to reflect actions in progress. Remove actions that have been completed; or revise them to increase their effectiveness. Revise actions that have been abandoned or delayed so as to make them more feasible; or remove them from the list of mitigation actions if they are no longer appropriate for Costa Mesa.  Develop mitigation actions to improve the status of hazard mitigation activities in Costa Mesa by addressing any issues not covered by the existing LHMP.  Ensure that the feedback from the community engagement activities are reflected in the new and updated mitigation actions.

REVIEW AND ADOPT THE UPDATED PLAN
 Review the other chapters and appendices of the LHMP to reflect any changes made through the update process.
 Release the updated Plan to Planning Team member; and revise the Plan to reflect any comments by Planning Team members.
 Distribute the updated Plan to any appropriate external agencies not included in the Planning Team; and revise the plan as appropriate in response to any comments.  Release the updated Plan publicly for review; and make revisions to the Plan to reflect public comments.
 Submit the plan to Cal OES and FEMA for approval, and make any revisions as needed.  Submit the plan to the Costa Mesa City Council for adoption.

The Safety Element of the General Plan
The Safety Element is a required component of Costa Mesa’s General Plan. It can be updated as a stand- alone activity, or as part of a more comprehensive process to update multiple sections or all of the General Plan. The Safety Element does not need to be updated on any set schedule, but updates should be frequent enough for the element to remain current and applicable to the community.

Local communities can incorporate their LHMP into their Safety Element as allowed under Section 65302.6 of the California Government Code, as long as the LHMP meets minimum federal guidelines.

This allows communities to be eligible for an increased share of post-disaster relief funding from the State if a hazard situation occurs, as per Section 8685.9 of the California Government Code.

Take the following steps to incorporate the LHMP into the Safety Element:
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INCORPORATE NEW REQUIREMENTS INTO THE SAFETY ELEMENT, AND ENSURE THAT THE LHMP IS CONSISTENT

WITH THE SAFETY ELEMENT
 Review the requirements for Safety Elements in Section 65302(g) of the California Government Code, and for LHMPs in Section 65302.6 of the California Government Code. Ensure that both documents meet all state requirements.
 Ensure that the information in both plans do not contradict each other, and that any inconsistencies are corrected to use the most accurate and appropriate information. This information should include community descriptions, a risk assessment, and a threat assessment.  Ensure that the policies in the Safety Element support the LHMP and provide a planning framework for specific hazard mitigation actions.

The Housing Element of the General Plan
The Housing Element is a required component of Costa Mesa’s General Plan. Section 65583 of the California Government Code requires a Housing Element to analyze and plan for new residential growth in a community, including residential growth for households with an annual income below the area median. Similar to an LHMP, state regulations require that the Housing Elements be updated regularly to remain current and valid.

The Housing Element is not required to contain any information or policies that relate to hazards, although it may include policies that address retrofitting homes to improve resiliency. However, state law links the regular schedule of Housing Element updates to mandatory revisions to other General Plan elements. For example, Section 65302(g)(2) of the California Government Code requires that communities that update their Housing Element on or after January 1, 2009 also update their Safety Element to include specific information and policies related to flood protection. As the LHMP is incorporated into the Safety Element, updates to the Housing Element may indirectly trigger updates to the LHMP.

To update the LHMP concurrent with updates to the Housing Element, take the following steps:

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NSURE THAT THE LHMP MEETS ANY NEW REQUIREMENTS FOR THE SAFETY ELEMENT THAT MAY BE TRIGGERED

BY A HOUSING ELEMENT UPDATE
 Section 65302(g) of the California Government Code lists a number of requirements for the Safety Element of the General Plan. Some of these requirements are triggered by updates to the Housing Element. Check to see if there are any new requirements of this nature. Note that the requirement is linked to the date of adoption of the new Housing Element, not the date the update process begins.
 Because the LHMP is incorporated into the Safety Element, any amendments or revisions to the Safety Element triggered by the Housing Element update may be made directly in the LHMP.

Requirements triggered by the Housing Element are unlikely to require a full rewrite of the LHMP, but the process should fully involve the Planning Team and include appropriate community engagement.
 Adopt the updated LHMP and incorporate it into the Safety Element. If necessary, amend the Safety Element to ensure the two documents are consistent (review the “Incorporate New 499
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Requirements Into the Safety Element, and Ensure that the LHMP is Consistent with the Safety Element” subsection above).

The Costa Mesa Municipal Code
Costa Mesa’s Municipal Code contains a set of standards that guide land uses and development in the community. These standards include where different types of buildings and land use activities may be located, how these structures must be built, and how they must be operated or maintained. The Municipal Code may include requirements that structures (particularly new structures or those undergoing substantial renovations) incorporate hazard-resistant features, be located outside of the most hazard-prone areas or take other steps to reduce hazard vulnerability.

All communities in California are required to adopt the minimum state Building Standard Code (BSC), which includes some hazard mitigation requirements for new or significantly renovated structures. The BSC is generally updated every three years, with supplemental code updates halfway into each update cycle. Title 5 “Buildings and Structures”, of Costa Mesa’s Municipal Code contains building regulations and incorporates the BSC. Other sections of the Code adopt additional standards as desired by the City that adapt the BSC to Costa Mesa’s local context.

As a participant in the National Flood Insurance Program (NFIP), Costa Mesa is required to incorporate Floodplain Management Requirements in its Zoning Code, which is located in Title 13– Planning, Zoning and Development, Chapter V, Article 10 Floodway and Floodplain Districts. These regulations establish standards for development and operation of facilities within mapped flood-prone areas. Other sections of the Costa Mesa Municipal Code may include additional standards related to hazard mitigation activities.

With the exception of the Floodplain Management Regulations and the minimum standards in the BSC, Costa Mesa is not required to incorporate hazard-related requirements in the Municipal Code. However, the Municipal Code is an effective tool for implementing hazard mitigation measures that relate to the siting, construction, and operation of new buildings and other structures. Substantial updates to the Municipal Code, including the Buildings and Construction and Zoning Code sections, should be done in a way that is consistent with the LHMP.

INCLUDE HAZARD-RELATED REQUIREMENTS IN APPLICABLE SECTIONS OF THE COSTA MESA CODE OF

ORDINANCES
 If the BSC is being updated, evaluate the hazard-related requirements of all sections in the new BSC. Identify any areas where it may be feasible to add or revise standards to help reduce the threat from hazard events. Ensure that these standards are consistent with the LHMP. Consider whether standards should be applied to all structures, or to specific types of structures or to structures in a limited area (such as a flood plain).  If the Zoning Code is being updated, ensure that all requirements do not expose community members or community assets to an excessive risk of harm. Where feasible, use the requirements to strengthen community resiliency to hazard events. Ensure that these standards are consistent with the LHMP. Consider possible standards such as overlay zones that strengthen zoning requirements in hazard-prone areas, landscaping and grading 500
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requirements that buffer development from hazards, siting and design standards that make structures more resilient, and other strategies as appropriate.

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Attachment 1: Disaster Information Table
Use this table to fill out information about any disaster events that have occurred in Costa Mesa or nearby and have had an effect on the community. Include the date and location of the disaster event, the damages associated with the event, and any information about disaster proclamations or declarations resulting from the event.

Date Location Damages * Declaration Details †

* Includes number and type of injuries, number of deaths, and cost of physical damage † If the disaster was proclaimed or declared by the local, state, and/or federal government

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Attachment 2: Plan Maintenance Table
Use this table when reviewing the LHMP as part of the Planning Team’s annual activities. For each section of the LHMP, note if any changes should be made to make the Plan more effective for the community. This includes noting if anything in the LHMP is incorrect or if any important information is missing. Make revisions that are consistent with these notes as part of the next update to the LHMP.

Section Is Anything Incorrect? Is Anything Missing? Should Any Other Changes Be Made?
Multiple sections or
throughout

Chapter 1: Introduction
Chapter 2: Community
Profile

Chapter 3: Risk
Assessment

Chapter 4: Threat
Assessment

Chapter 5: Mitigation
Strategy

Chapter 6: Plan
Maintenance

Appendices

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Attachment 3: Sample Agenda and Topics for the Hazard Mitigation Planning Team
This attachment includes a sample agenda and discussion topics for the annual meeting of the Planning Team. Meetings do not have to follow this order or structure, but the items included in this attachment should be addressed as part of the annual meeting. During the update process for the LHMP, it is likely that the Planning Team will meet more frequently. The meetings of the Planning Team during the update process will involve different discussion topics.

ITEM 1: RECENT HAZARD EVENTS

1.1. What hazard events have occurred this past year in Costa Mesa, or nearby in a way that affected the community?
 Identify events that caused loss of life or significant injury to Costa Mesa community members, significant property damage in Costa Mesa, or widespread disruption to Costa Mesa.  More minor events should also be identified if there is a need for a community response to mitigate against future such events.

1.2. What are the basic facts and details behind any such hazard events?  Consider the size and location of the affected area, any measurements of severity, any injuries and deaths, the cost of any damage, the number of people displaced or otherwise impacted, and other relevant summary information.
 Ensure that these facts and details are clearly recorded for future Plan updates, including through use of the Disaster Information Table (Attachment 1).

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TEMS 2: MITIGATION ACTION ACTIVITIES

2.1. What mitigation actions have been fully implemented? Are they working as expected, or do they need to be revised?

2.2. What mitigation actions have started to be implemented since the Planning Team last met? Is implementation of these actions proceeding as expected, or are there any barriers or delays? If there are barriers or delays, how can they be removed?

2.3. What mitigation actions are scheduled to begin implementation in the next year? Are there any factors that could delay implementation, or weaken the effectiveness of the actions? How can these factors be addressed?

2.4. What resources are needed to support planned, in-process, or ongoing mitigation actions? Does the City have access to these resources? If not, how can the City obtain access to these resources?
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TEM 3: INFORMATION SHARING

3.1. Is the City communicating with all appropriate local jurisdictions, including neighboring communities, Orange County, and special districts? This should include information on district- specific hazard situations, mitigation actions, and other relevant information.

3.2. Is the City communicating with the appropriate state and federal agencies? Is the City receiving information about new regulations, best practices, and data that relates to hazard mitigation activities?
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3.3. Are there opportunities for the City to improve coordination with local, state, and federal jurisdictions and agencies?
ITEM 4: BUDGETARY PLANNING

4.1. What are the financial needs for Costa Mesa to support implementation of planned and in- process mitigation actions, including ongoing items? Is there sufficient funding for all measures in the LHMP that are planned for the next year, including in-process and ongoing items? If sufficient funding is not available, how can the City obtain these funds?

4.2. If it is not feasible for the City to support all planned, in-process, or ongoing mitigation actions, which ones should be prioritized?

4.3. Are there hazard-related activities not included in the LHMP that should be budget for? Can the City obtain the necessary funding for these activities? I
TEM 5: STRATEGIC PLANNING

5.1. Which grants are available for hazard mitigation activities, and which activities are best positioned to secure funding?

5.2. How should the agencies and other organizations represented on the Planning Team coordinate to maximize the chances of receiving funding?

5.3. Are there any scheduled or anticipated updates to other City documents that could relate to hazard mitigation activities? How can the Planning Team share information with staff and any technical consultants responsible for these updates, and ensure that the updates will enhance community resiliency?

5.4. What capital projects are scheduled or anticipated? Are these capital projects being designed and built to be resistant to hazard events? Are there opportunities for these projects to support hazard mitigation activities?

5.5. How can Planning Team members coordinate efforts with those responsible for capital projects to take advantage of economies of scale that will make hazard mitigation activities easier to implement?

5.6. Has it been four years since the adoption of the LHMP? If so, lay out a timeline for Plan update activities, including additional meetings of the Planning Team. Identify if a technical consultant is needed and begin the contracting process if so.

5.7. Are there any other opportunities for Planning Team members and the organizations they represent to coordinate efforts?
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TEMS 6: NEW BUSINESS

6.1. Are there any other items related to the Planning Team’s mission?

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Attachment 4: Hazard Mitigation Strategy
Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
Preparedness Activities
P1 Conduct regular emergency preparedness drills and
training exercises for City staff. General
Fund,
Grants
Police $
Annually N/A
P2 Continue agreements with local school districts to
ensure that school facilities can act as evacuation
sites during major emergencies.

General
Fund,
Grants
Police S
Annually N/A
P3 Work with local businesses and organizations to
conduct regular workplace emergency preparedness
drills through the Costa Mesa Business Emergency
Response Team (BERT).

General
Fund,
Grants Fire $
Annually N/A
P4 Expand participation in the Costa Mesa Community
Emergency Response Team (CERT) program for
residents and businesses.

General
Fund,
Grants
Fire $
Annually N/A
P5 Ensure that community evacuation plans include
provisions for community members who do not have
access to private vehicles or are otherwise unable to
drive.

General
Fund,
Grants
Police $
Ongoing N/A
P6 Continue to ensure effective emergency
notifications through multiple media formats, in at
least English and Spanish; about pending, imminent,
or ongoing emergency events. Ensure that
information is accessible to persons with disabilities
General
Fund,
Grants
Police S
Ongoing N/A
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Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
and functional needs.

P7 Maintain at least one emergency power-generating
station in all critical facilities that the City could use as an emergency public assembly area, such as City
Hall, Community Centers, and any others that the
City may so designate in the future.

General
Fund,
Grants Public Services $$$
Ongoing N/A
P8 Update the Costa Mesa Emergency Operations Plan
to identify backup power and communications
locations for critical facilities.

General
Fund,
Grants
Police $
Annually N/A
P9 Continuously update response procedures for first
responder departments to properly address new
hazard events as they emerge.

General
Fund,
Grants
Police $
Annually N/A
P10 Ensure that the City has an adequate supply of
sandbags for residents and businesses, including
prefilled sandbags for individuals who may be unable
to fill them on their own.

General
Fund,
Grants Public Services $
Ongoing N/A
P11 Conduct active shooter drills for City staff, residents, and businesses.

General
Fund,
Grants
Police $
Annually N/A
P12 Increase number of City staff who have CalOES
Safety Assessment Program (SAP) credentials.

General
Fund,
Grants
Police $
Annually N/A
Multiple Hazards

1.01 Explore the feasibility of connecting critical facilities General Public Services $$$ 2025 High 508
E-21

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
(Civic Center, key Community Centers) to a
microgrid power-supply network.
(Hazards addressed: All)
Fund,
BRIC/
HMGP
Grants,
Other
Grants

1.02 Install energy-efficient equipment to increase the longevity of the fuel supply for backup generators.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$$
Medium

1.03 Conduct routine updates to Facility Conditions
Assessments for City-owned infrastructure,
buildings, lift stations, and other utilities and
coordinate with other agencies to ensure
inspections of other important infrastructure.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public
Services/Development
Services
$$$
Ongoing Low

1.04 Repair, as feasible, all major deficiencies discovered by inspections to prevent collapse, failure, or
damage in the event of a natural disaster.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$$
Ongoing High

1.05 Incentivize public and private utility operators to General Public Services $$$ Ongoing Low 509
E-22

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
harden their lines passing through the City from
potential breaches. Encourage adoption of
supervisory control and data acquisition (SCADA) to
allow instantaneous shut down of line breaches. Use
mitigation grants to incentivize entities to partner
with the City to complete these projects.
(Hazards addressed: All)
Fund,
BRIC/
HMGP
Grants,
Other
Grants

1.06 Install and harden emergency backup power at Civic and Community Centers, and other critical facilities
as the city may determine necessary. Prioritize
installations for facilities that serve as key
cooling/warming centers, and evacuation centers.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$$
2023 High

1.07 Conduct a feasibility assessment of installation of solar and battery backup systems at key critical
facilities within the City.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$$ Currently
Underway
Medium

1.08 Work closely with community groups to increase
awareness of hazard events and resiliency
opportunities among socially vulnerable community
members, including the homeless.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Community Services/
Development Services/
City Manager's Office
$
Ongoing Low
510
E-23

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority

1.09 Avoid building new City-owned key facilities in
mapped hazard areas. If no feasible sites outside of
mapped areas exist, ensure that such facilities are
hardened against hazards beyond any minimum
building requirements/ mitigation standards.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public
Services/Development
Services
$$$
Ongoing Low

1.10 Closely monitor changes in the boundaries of
mapped hazard areas resulting from land use
changes or climate change and adopt new mitigation
actions or revise existing ones to ensure continued
resiliency.
(Hazards addressed: All
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $ Annually Low

1.11 Integrate policy direction and other information
from this Plan into other City documents, including
the General Plan, Emergency Operations Plan, and
Capital Improvements Program.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
All Departments $ Annually Low

1.12 Monitor funding sources for hazard mitigation
activities.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
All Departments $ Ongoing Low
511
E-24

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority

1.13 Enhance the City's existing all hazards early warning alarm system to be activated prior to or during
hazard events.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Police/Fire Departments $$ 2026 Low
Aircraft Incident

2.01 Coordinate with the Federal Aviation Administration on flight paths over the City and potential changes
that may increase vulnerability to aircraft incidents.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $ Ongoing Medium

2.02 Coordinate with SNA on future improvements and
enhancements that may impact City infrastructure
and/ or function.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $ Ongoing Medium
Diseases and Pests (Agricultural Pests, Epidemic/Vector Borne Diseases, Tree Mortality)

3.01 Coordinate with surrounding jurisdictions, local
health care providers, businesses, schools, the
Orange County Health Care Agency, the California
General
Fund,
BRIC/
City Manager’s Office $ Ongoing High
512
E-25

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
Department of Public Health, and the Centers for
Disease Control to inform community members
about current public health trends or issues, free
and low-cost healthcare options, treatments, and
where to find local healthcare facilities.
(Hazards addressed: Epidemic/Vector Borne
Diseases)
HMGP
Grants,
Other
Grants

3.02 Cooperate with the Orange County Mosquito and
Vector Control District to inform community
members on best practices for mosquito-proofing
homes and businesses and how to avoid mosquito
bites. (Hazards addressed: Epidemic/Vector Borne
Diseases
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $ Ongoing Medium

3.03 Participate in exercises conducted by the
operational area surrounding diseases and pest
issues.
(Hazards addressed: All)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $ Ongoing Low

3.04 Continue to work with residents, business owners,
and utilities to remove dead, dying, and diseased
trees weakened by disease and/or pests.
(Hazards addressed: Tree Mortality)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $ Ongoing High
513
E-26

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority

3.05 Update City landscape standards to incorporate
disease-resistant plant species as part of
landscaping projects/ improvements. (Hazards
Addressed: Tree Mortality)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $ 2023 LOw

3.06 Conduct an Arborist's Evaluation of the City's tree inventory, to locate, identify, and determine the
health of tree species within the City.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$ Ongoing Mws
Drought

4.01 Coordinate closely with Mesa Water District (MWD)
on water use and water conservation efforts
throughout the City.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $ Ongoing Medium

4.02 Update "Title 13 Planning, Zoning And Development
Chapter VII. Landscaping Standards 13-101" - of the
Costa Mesa Municipal Code of Ordinances to reflect
the latest advances in best practices in landscape
design and irrigation that reduce water use within
General
Fund,
BRIC/
HMGP
Grants,
Development Services $ Annually High
514
E-27

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
the City. Continue to update this section to reflect
the newest technology, designs, and techniques to
increase sustainability of water resources.

Other
Grants

4.03 Use drought-tolerant plants when installing new or significantly redoing City-owned landscapes. Limit
turf that is not drought tolerant to recreational
fields and lawns, and only in instances where no
feasible drought-tolerant alternatives exist.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$ Ongoing Low

4.04 Work with MWD to develop a focused water leak
pilot program to eliminate leaky water mains,
sprinklers, and other water fixtures, focusing on
areas of the City with the greatest water demand
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $ Ongoing Low

4.05 Develop a Drought Strategic Plan that focuses on
reductions in water use for municipal operations
and strategies for inclusion into Mesa Water District
drought planning programs and processes.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $ TBD Low
Energy/Power Shortage

5.01 Coordinate with utility providers to enhance their assets located within or traversing through the City.

General
Fund,
Public Services $ Ongoing Low
515
E-28

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
BRIC/
HMGP
Grants,
Other
Grants

5.02 Establish and routinely update a confidential
inventory of critical infrastructure and ensure
development activities coordinate with future
resilience enhancements by utility providers.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development
Services/Public Services
$ Annually High

5.03 Expand access to alternative energy technologies,
energy efficiency improvements and appliances, and
programs for vulnerable populations to reduce
energy consumption and the need for City services
during extreme heat events.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$ 2025 Medium

5.04 Install new and harden existing emergency backup
generators at critical facilities and infrastructure as deemed necessary.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$ 2023 High

5.05 Install battery backup power supplies for traffic
signals, to ensure functionality in the event of power
General
Fund,
Public Services $$ 2025 Low
516
E-29

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
failure. BRIC/
HMGP
Grants,
Other
Grants

5.06 Monitor changes to PSPS circuits in and around the City that could affect residents, businesses, and
organizations, and increase awareness of the affects
of these events on the City's resources.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Police $ Annually Low

5.07 Develop a Power Failure Strategic Plan that
prioritizes strategies focused on the following:

Identification of critical facilities requiring
backup power supplies
Identification of critical systems requiring
backup battery supplies to ensure
effective operations during power failure
events
Development of criteria for backup power
supplies and equipment for City owned
building and infrastructure
Development of code
updates/modifications for new
development/redevelopments that are
energy resilient or include backup power
supplies or plug-in ready retrofits.

Compilation of funding sources and
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
All Departments $ 2022 High
517
E-30

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
strategies for City facility improvements
and resources for residents and
businesses.

Flooding

6.01 Coordinate with dam owners/operators, state, and
federal agencies to collectively identify threats to
the City and the region and identify ways to
retrofit/strengthen the dams under their control.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $ Ongoing Low

6.02 Identify potential flood improvements that reduce
inundation from both storm flows and potential dam
inundation effects
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$ 2023 High

6.03 Update the City’s Storm Drain Master Plan
periodically (in conjunction with the LHMP and CIP)
to incorporate new data and/or address emerging
issues.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$$ 2022 High

6.04 Investigate the use of permeable paving and
landscaped swales for new construction and
General
Fund,
Public Services $$ Ongoing Medium
518
E-31

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
replacement of City-owned hardscaped areas. BRIC/
HMGP
Grants,
Other
Grants

6.05 Conduct frequent cleanings of storm drain intakes, especially before and during rainy season.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$ Ongoing Low

6.06 Track areas where ponding frequently occurs during heavy rainfall and install new drains or upgrade
existing ones to reduce ponding of water.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$$ Ongoing Low
Geological Hazards (Expansive Soil, Erosion, Landslide, Methane Containing Soils)

7.01 Conduct an analysis of old oil infrastructure in and around Costa Mesa to verify methane releases are
not occurring. (Methane Containing Soils)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public
Services/Development
Services
$ 2025 Low
519
E-32

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority

7.02 Ensure effective drainage systems and stabilizing
vegetation on and above landslide-prone slopes and
bluffs is installed and maintained in areas prone to
this hazard. (Landslide, Erosion)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public
Services/Development
Services
$ 2023 High

7.03 Adopt guidelines for Methane Containing Soils based on the Orange County Fire Authority (OCFA),
Combustible Soil Gas Hazard Mitigation, Guidelines
for areas prone to impacts from methane containing
soils. (Methane Containing Soils)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public
Services/Development
Services/Fire
Department
$ 2022 High

7.04 Conduct a methane gas assessment in the southern
portion of the City to identify areas with high
concentration of methane. As part of the study, the
City should identify potential strategies for capture
and use of these gases. (Methane Containing Soils)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public
Services/Development
Services/Fire
Department
$ 2024 Low
Hazardous Materials

8.01 Discourage new sensitive land uses, including
schools, parks, childcare centers, adult and senior
assisted living facilities, and community centers,
from locating near identified hazardous material
facilities. Discourage or prohibit new hazardous
General
Fund,
BRIC/
HMGP
Grants,
Development Services $ Ongoing Low
520
E-33

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
material facilities from locating near sensitive land
uses.

Other
Grants

8.02 Pursue full alignment of the General Plan with
policies and actions outlined in state and regional
plans such as the California Accidental Release
Prevention (CalARP) Program and the Orange
County Fire Authority Hazardous Materials Area
Plan.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $ Annually High

8.03 Continuously inspect businesses and other
properties storing hazardous materials and create
an inventory of storage locations that require
updates, maintenance, or renovation.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
County Health (CUPA) $ Ongoing Medium

8.04 Discourage new sensitive land uses, including
schools, parks, childcare centers, adult and senior
assisted living facilities, and community centers,
from locating near identified hazardous material
facilities. Discourage or prohibit new hazardous
material facilities from locating near sensitive land
uses.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public
Services/Development
Services
$ Ongoing Low
Human Caused Hazards

9.01 Coordinate with the Orange County Intelligence
Assessment Center (OCIAC) to monitor potential
incidents resulting in civil disturbance events (riots, General
Fund,
BRIC/
Police/Fire Departments $ Ongoing Low
521
E-34

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
mass shootings, etc.).
(Hazards addressed: Mass-Casualty Incidents, Civil
Disturbance)
HMGP
Grants,
Other
Grants

9.02 Disseminate information on cyber threats or
potential terrorist activity to City staff and
continually follow up with information on further
developments in the situation.
(Hazards addressed: Human-Caused Hazards)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
IT Department $ Annually Medium

9.03 Regularly update cyber security software and
educate business owners and residents on current
internet-based threats.
(Hazards addressed: Cyber Threats
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
IT Department $ Annually Medium

9.04 Retrofit all critical facilities, City administration buildings, and other buildings the City may deem to
be important in the future with counterterrorism
design elements and building materials.
(Hazards addressed: Human-Caused Hazards)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services/Police
Department
$$$ 2025 High

9.05 Establish a backup location for the City's Traffic Control Management System and install back up
emergency power to ensure system operation
General
Fund,
BRIC/
Development Services/
Public Services
$$$ 2023 High
522
E-35

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
during an emergency. (Multi-Hazard HMGP
Grants,
Other
Grants

9.06 Conduct a cyber threat assessment for the Traffic
Control Management System and determine system
vulnerabilities.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $$-$$$ Ongoing Low
Seismic Hazards

10.01 Encourage the installation of resilient (seismically appropriate) piping for new or replacement
pipelines, in close coordination with local water,
natural gas, and other providers.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development
Services/Public Services
$ Ongoing Low

10.02 Assess soft story conditions for apartment buildings constructed prior to 1980.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $$ 2025 Medium

10.03 Conduct an educational campaign and incentives to General Development Services $$ TBD Low 523
E-36

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
encourage the use of reinforced chimneys, anchored
rooftop-mounted equipment, window film, and
other preventative measures to reduce damage to
private buildings.

Fund,
BRIC/
HMGP
Grants,
Other
Grants

10.04 Encourage community groups and industry
representatives assist in outreach to residents and
businesses to obtain earthquake insurance.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
City Manager’s Office $ Ongoing Low

10.05 To the extent feasible, construct all new and
significantly retrofitted City-owned facilities to
remain operational in the event of a major
earthquake.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public
Services/Development
Services
$$$ Ongoing High

10.06 Retrofit key critical facilities with seismically rated window film treatments that ensure glass windows
do not shatter during a strong seismic event.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$ 2024 High

10.07 Install flexible jointing and pipelines across fault General Public $ Ongoing Low 524
E-37

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
segments located within the City. Ensure these
pipelines have the necessary countermeasures to
ensure breakage of lines is kept to a minimum and
adequate shut off mechanisms to reduce exposure of
pipeline contents to residents and businesses.

Fund,
BRIC/
HMGP
Grants,
Other
Grants
Services/Development
Services `
Severe Weather

11.01 Notify residents through public service
announcements a couple of days in advance of a
severe weather event. Focus on media methods that
target vulnerable populations, such as elderly, sick,
lower-income, or persons with limited mobility to
better ensure they have adequate time to prepare.
(Hazards addressed: Severe Weather)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
City Manager's Office/
Public Services
$ Ongoing Medium

11.02 Expand use of public facilities (libraries, community centers, etc.) as warming/cooling centers for
vulnerable populations during extreme weather
events, and assess facility needs in order to
automatically open these facilities as severe weather
centers when conditions require.
(Hazards addressed: Severe Weather)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Community
Services/Public Services
$$ 2023 High

11.03 Increase the use and construction of shade
structures within new developments, City facilities,
parks, and trails to reduce urban heat island impacts.
(Hazards Addressed: Extreme Heat)
General
Fund,
BRIC/
HMGP
Grants,
Public Services $$$ Ongoing Medium
525
E-38

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
Other
Grants

11.04 Evaluate the long-term capacity of designated
cooling centers and shelters in the City to provide
sufficient relief from extreme heat. Assess the need
to expand services as the frequency, length, and
severity of future heatwaves potentially change as a
result of climate change.
(Hazards addressed: Extreme Heat)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Community
Services/Public Services
$$ 2024 Medium

11.05 Upgrade HVAC within City facilities to more efficient systems that may include split systems or
decentralized systems that allow for heating and
cooling the spaces needed, not entire buildings.
(Hazards addressed: Extreme Heat)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services $$$ Ongoing Low

11.06 Conduct outreach to residents and businesses prior to severe winds (Santa Ana Wind events) on proper
tree maintenance and identification of potentially
hazardous trees.
(Hazards addressed: Severe Wind)
General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Development Services $ Annually Medium
Urban Fire

12.01 Promote the proper maintenance and separation of
power lines from trees and other hazards.

General
Fund,
Public Services/
Development Services/
$ Ongoing Medium
526
E-39

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
BRIC/
HMGP
Grants,
Other
Grants
Fire Department

12.02 Provide information and resources to residents
citywide on ways to improve resilience to home
fires, including procedures for fallen powerlines.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services/
Development Services/
Fire Department
$ Annually Low

12.03 Conduct regular vegetation management activities
to reduce fire hazard risks, such as clearing out dead
vegetation in parks, open spaces, rights-of-way, and
other areas that could become fuel for fires.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services/
Development Services/
Fire Department
$$ Ongoing Medium

12.04 Establish thresholds for fire sprinkler installation in retrofitted buildings and structures undergoing use
changes or remodel.

General
Fund,
BRIC/
HMGP
Grants,
Other
Grants
Public Services/
Development Services/
Fire Department
$ 2022 Medium

12.05 Promote the planting of fire-resistant landscaping in all new developments and significant landscape
General
Fund,
Public Services/
Development Services/
$ Ongoing Low
527
E-40

Mitigation Action Potential
Funding
Sources
Responsible
Department
Relative
Cost
Time
Frame
Priority
retrofits in accordance with State and local
recommendations, such as high-moisture, low-resin
trees, shrubs, and ground cover.

BRIC/
HMGP
Grants,
Other
Grants
Fire Department
* Relative Cost Categories:

Less than $60,000 | $$ $60,001 to $199,999 | $$$ Greater than $200,000

528

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1148 Meeting Date: 4/4/2023
TITLE:

REVIEW OF CITY COMMITTEES
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:

Staff recommends the City Council:

1. Review Committees Statement of Work and provide direction.

2. Dissolve the Historical Preservation Committee and direct staff to facilitate an agreement with the Costa Mesa Historical Society.

3. Approve the following changes:
a. Adjust the Committees membership to consist of seven (7) members, except the Access, Building, Fire & Housing Board of Appeal, and Traffic Impact Fee Ad Hoc Committees, which shall consist of five (5) members, through attrition as terms expire. b. Eliminate the Committee Alternate positions, through attrition as terms expire. c. Limit the number of Ad Hoc Committees to one (1) at a time, unless due to special circumstances, in which case the City Manager may authorize one (1) additional Ad Hoc Committee. The Ad Hoc Committee will be set for a certain duration of time, not to exceed six (6) months. There shall be no standing committees, subcommittees or working groups.

4. Allow the City Manager the flexibility to adjust dates, durations, and times of meetings to ensure proper staff coverage, and to address issues of immediate concern for maximum effectiveness.

BACKGROUND:

Costa Mesa’s system of commissions and committees provides a mechanism for residents who have specialized experience or interests to participate in the City's decision-making process by advising the City Council on numerous issues. The commissions and committees’system provides the opportunity to interact creatively with people of all ages, interests, and backgrounds. Democracy can be realized when citizens are able to come together across diverse neighborhood and economic

529
File #: 23-1148 Meeting Date: 4/4/2023
can be realized when citizens are able to come together across diverse neighborhood and economic backgrounds to assist in making the community decisions that will improve the quality of life in our City.

Following are the current City Committees including the Scope of Work:

Access, Building, Fire & Housing Board of Appeal
This Committee consists of five (5) regular member positions and two (2) alternate positions each serving four-year terms. The committee consists of members who live or work in Costa Mesa who are qualified by experience and training to advise on matters pertaining to building construction and who are not employees of the jurisdiction. Appeals from determinations and orders by the building official and/or the fire marshal shall be to the Access, Building, Fire and Housing Board of Appeals (the “board”).

Housing and Public Service Grants Committee
This Committee consists of nine (9) regular member positions and one (1) alternate positions each serving two-year terms. The committee helps to promote community understanding of the activities funded by the U.S. Housing and Urban Development Department (HUD), and Community Development Block Grants (CDBG) with a focus on social service grants. Additionally, the committee rates and ranks applications for CDBG public service grants, ultimately developing funding recommendations for City Council.

Mobile Home Park Advisory Committee
This Committee consists of nine (9) members each serving two-year terms: Two mobile home park owners (or their representative); five mobile home park resident owners; and two independent citizens at-large with no affiliation or relationship with mobile home parks. The Committee helps to improve the quality of life in mobile home parks and to review matters concerning mobile home parks in the City through healthy communication with park owners, manufactured home owners, and the City Council.

Finance and Pension Advisory Committee
This Committee consists of nine (9) regular member positions each serving two-year terms. The Committee:
a. Provides advice to the City Council regarding events and issues which may affect the financial status of the City, including proposed state or federal legislation. b. Reviews short term and long range financial planning, including retirement benefits and/or actuarials and strategies on reducing unfunded liabilities. c. Reviews the City's financial documents and statements. d. Makes recommendations to the City Council regarding amendments to financial policies and processes.
e. Annually reviews the City's investment policy and recommends any changes, if any; and reviews the investment portfolio to ensure compliance with the approved investment policy.

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Animal Services Committee
This Committee consists of seven (7) regular members and two (2) alternate positions, each serving two-year terms. The Committee:
a. Provides the City with recommendations to improve animal services throughout the City, including pet licensing, animal shelter and adoption services, and responsible pet ownership. b. Support animal related community events, such as pet adoptions, vaccination clinics, micro- chipping, etc.
c. Serves as a liaison to the Police Department and California Department of Fish & Wildlife to sponsor coyote public education and related wildlife programs. d. Provides advice regarding the release of live animals within City Limits.

Fairview Park Steering Committee
This Committee consists of seven (7) regular member positions, two (2) alternate member positions, and one (1) Ex Officio member - OCME Representative, each serving four-year terms. The Committee:
a. Provides advice to the City Council regarding the implementation of the Fairview Park Master Plan.
b. Provides recommendations to the City Council on proposed capital improvement projects and compliance with Measure AA.
c. Presents an annual report to the City Council describing the accomplishments and objectives of the Committee.
d. Facilitates partnerships, volunteer activities, and educational opportunities to promote local stewardship and engagement with Fairview Park and its environmental resources. e. Provides advice on the interpretive, guide, and regulatory sign program for the park, including cultural and biological resource information and the park’s history.

Active Transportation Committee
This Committee consists of eleven (11) regular member positions, two (2) alternate positions, and two (2) Ex Officio members - Chamber of Commerce and NMUSD Representatives, each serving two -year terms. The Committee:
a. Focuses on the review and update of the City's Master Plan of Bikeways and improvements to be made to bikeways in the City.
b. Evaluates the bikeability and walkability of the City in order to make recommendations for improvement to the City Council.

Traffic Impact Fee Ad Hoc Committee
This Committee consists of five (5) appointed positions each serving four-year terms; one representing the Chamber of Commerce, one representing major developers’,one representing small developers and two at-large positions. The purpose of the committee is to fund the necessary transportation/circulation improvements, which are related directly to the incremental traffic impacts imposed on the City’stransportation system by the development of new and/or changing commercial, industrial, and residential uses as permitted by the General Plan. The committee also assists staff on all aspects related to the updating and revision of traffic impact fees.

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Historical Preservation Committee
This Committee consists of nine (9) regular member positions and two (2) alternate member positions each serving two-year terms. The committee serves to maintain, preserve, educate and promote the city’s historical resources.

ANALYSIS:

At the March 21, 2023 City Council meeting, two Council Members requested staff to bring forth a report pertaining to Committees prior to new Committee appointments. Staff has summarized the Committees and has updated the Scope of Work that is no longer applicable.

Membership
Staff requests adjusting the Committees to consist of seven (7) members, except the Access, Building, Fire & Housing Board of Appeal, and Traffic Impact Fee Ad Hoc Committees, which shall consist of five (5) members. This aligns with the membership of Commissions and allows each Council Member opportunity for one (1) selection. This also will assist in resolving quorum issues with a large Committee. In addition to allow a wide breadth of experience and to maximize involvement staff recommends that an individual may only participate on one (1) Commission or Committee at a time. This also will alleviate any perceived Brown Act violations when a member may be involved in several discussions with multiple Committees.

Alternate Committee Members
Staff requests the elimination of the Alternate committee members positions. The role of the Alternate positions are unclear as they are precluded from voting but encouraged to participate in the committee activities. Or if a regular member is absent then an alternate may vote and this leads to confusion on who should be participating and voting.

Outside Agency Liaison
Staff submits the following language for clarification of the role of an Outside Agency Liaison/Ex- Officio member:

An Outside Agency Liaison/Ex-Officio to a committee are members appointed to serve in a position because the committee needs their expertise or influence pertaining to certain issues that substantially benefits the City. They represent the entity/organization that they work/volunteer for as part of a collaboration on particular issues. Members may partake in discussions and debate pertaining to their organization and/or area of expertise, however shall not vote. Ex-Officio members shall not be included in the count when determining if a quorum is present.

Ad Hoc Committees
Staff requests limiting the number of Ad Hoc Committees to one (1) at a time, unless due to special circumstances, in which case the City Manager may authorize one (1) additional Ad Hoc Committee.

Having multiple Ad Hoc Committees runs counter to the Brown Act’srequirement that all decisions of a body be made at an open public meeting. Limiting the number of Ad Hoc Committees will allow for increased transparency on discussions with the entire committee at a noticed public meeting.

Further, under the Brown Act, Ad Hoc Committees may only be for a limited duration. Staff recommends that Ad Hoc Committees be set for a certain duration of time, not to exceed six (6) months. This will help ensure that Ad Hoc Committees do not inadvertently become standing committees and thus violate the Brown Act. In addition, staff recommends that there be no other

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committees and thus violate the Brown Act. In addition, staff recommends that there be no other subcommittees or working groups.

Meeting Dates and Times
To plan for staff time and workloads, it is recommended Committee meetings be scheduled no more than bimonthly (once every two months), and limit Committee meetings to no more than two (2) hours, unless prior authorization is received from the City Manager to extend. In addition, no Special Committee meetings shall be held without prior authorization from the City Manager. However, the Access, Building, Fire & Housing Board of Appeal, Traffic Impact Fee Ad Hoc Committee, and Housing and Public Service Grants Committee will continue to meet on an as needed basis. The Mobile Home Park Advisory Committee will continue to meet quarterly.

The proposed changes are reflected in Council Policy 000-2 (Attachment 1).

ALTERNATIVES:

City Council may choose to not make the recommended changes or make alternate changes.

FISCAL REVIEW:

There is no fiscal impact with the proposed changes to the Committees.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Recruit and Retain High Quality Staff
· Achieve Long-Term Fiscal Sustainability
CONCLUSION:

Staff recommends the City Council:

1. Review Committees Statement of Work and provide direction.

2. Dissolve the Historical Preservation Committee and direct staff to facilitate an agreement with the Costa Mesa Historical Society.

3. Approve the following changes:
a. Adjust the Committees membership to consist of seven (7) members, except the Access, Building, Fire & Housing Board of Appeal and the Traffic Impact Fee Ad Hoc Committees, which shall consist of five (5) members, through attrition as terms expire. b. Eliminate the Committee Alternate positions, through attrition as terms expire. c. Limit Ad Hoc Committees to one (1) at a time, unless due to special circumstances, the

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c. Limit Ad Hoc Committees to one (1) at a time, unless due to special circumstances, the City Manager may authorize one (1) additional Ad Hoc Committee. There shall be no standing committees, subcommittees or working groups.

4. Allow the City Manager the flexibility to adjust dates, durations, and times of meetings to ensure proper staff coverage, and to address issues of immediate concern for maximum effectiveness.

534

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT POLICY
NUMBER

EFFECTIVE
DATE
PAGE
000-2 2/1/99
CITY COUNCIL APPOINTED ADVISORY 1 of 3
COMMITTEES AND BOARDS REV: 3/03
REV: 10/18/11

REV: 6/5/12
REV: 4/4/23

BACKGROUND

Revisions to this Policy occurred in March, 2003, October, 2011, and June 2012 . The City Council has modified the recruitment, criteria, and selection of committee and board members. The City Council also approved the decrease in membership of the committees and boards through attrition and to be reflected in the Commissions/Committees/Boards Handbook. On May 5, 2012, the City Council modified the Policy indicating that the expiration of all committee and board-terms shall be in April.. On April 4, 2023 the City Council modified the Policy decreasing the membership, eliminating the Alternate positions, limiting Ad Hoc Committees, and allowing the City Manager the flexibility to adjust dates, durations, and times of meetings.

PURPOSE

To provide clear and cohesive policies which assist appointed committee and board members in performing their duties, and procedures for new standing and ad hoc committee formation.

POLICY

1. Bring community attitudes and needs into focus by providing valuable communication links between the community and the government of the City.

2. Facilitate recommendations from the community, which aid City Council in making sound decisions concerning policy formulation and resource allocation.

3. Establish and maintain a streamlined mechanism to facilitate committee formation; membership, interaction, work programs, and evaluations.

PRACTICES AND PROCEDURES

1. Formation and Membership

a. Based upon the need for citizen input on matters of importance to the community, requests to form a committee may be made by individual Council Members. "Committee Formation Application Forms" and "Committee Interest Forms" shall be made available to all interested parties through the City Clerk's Office.

b. Upon review of completed Formation Request Forms, City Council may create a new committee by formal action. Such action will establish the purpos e of the committee and the number of members.

Individuals may only be a member of one (1) Committee or Board at a time. 535

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

c.

SUBJECT POLICY
NUMBER

EFFECTIVE
DATE
PAGE
000-2 2/1/99
CITY COUNCIL APPOINTED ADVISORY 2 of 3
COMMITTEES AND BOARDS REV: 3/03
REV: 10/18/11

REV: 6/5/12
REV: 4/4/23

d. The City Council will appoint members to various committees and boards with staggered terms.

e. The Mayor shall designate at least one member of City Council to serve as a non-voting liaison to each committee.

2. Membership Terms

a. Appointed committee members must be Costa Mesa residents, unless otherwise specified by the City Council.

b. Committee members shall be appointed or reappointed for a term of two (2) years (staggered) unless otherwise specified by City Council.

c. The expiration of all committee and board-terms shall be in April.

d. To vacate a position on a committee or board, the person shall file a written resignation with the Staff Liaison. Vacancies may be filled immediately if alternate members exist, or held open until a regular appointment time period occurs.

e. The City Council, at any time, may request the resignation of or terminate membership of any committee member.

f.

3. Work Program/Committee Review Process

a. Each February, all committees shall prepare and submit a Work Program for City Council review.

The Work Program shall include:

• Evaluation of the previous years' progress;

• Delineation of the upcoming year's program, goals and objectives; and

• Proposed budget requests.

b. The City Council shall conduct a Committee Review Process once a year in February to review the role and progress of committees to determine their effectiveness. In doing so, City Council reserves the right to revise the status of various committees based upon their need and benefit to the community.
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SUBJECT POLICY
NUMBER

EFFECTIVE
DATE
PAGE
000-2 2/1/99
CITY COUNCIL APPOINTED ADVISORY 3 of 3
COMMITTEES AND BOARDS REV: 3/03
REV: 10/18/11

REV: 6/5/12
REV: 4/4/23

4. General Information and Procedures

Except as provided in this policy all committees and boards shall be guided by the policies set forth in the Commissions/Committees/Boards Handbook. In case of any inconsistencies between this policy and the Handbook, the provisions in this policy shall govern these committees and boards.

5. Quorum Due to Vacancies

a. Where there are no vacancies by resignation of members, the quorum for a committee formed by City Council shall be a majority of the members of such body.

b. Where the membership on a committee is reduced to less than a majority of the members of such a body due to vacancies by resignation of its members, the quorum shall be a majority of the remaining members of such body until the vacancies are filled by City Council; provided, however, that under no circumstances would the quorum be lowered to less than three (3) committee members. (For example, a committee formed by City Council, which has seven membe rs, would need four members to be present for the committee to take formal action on a matter on the agenda for the meeting. If vacancies occur due to resignations of the members, the quorum would be adjusted to require a minimum of three members to be present for the committee to take formal action on a matter on the agenda while the vacancies have not been filled by City Council. Once the vacancies are filled, the quorum would return to the requirement of four members.)

6. Ad Hoc Committees
Ad Hoc Committees shall be limited to one (1) at a time per Committee or Board, unless due to special circumstances, the City Manager authorizes one (1) additional Ad Hoc Committee. Each Ad Hoc Committee will be set for a specific duration which shall not exceed six (6) months. There shall be no standing committees, subcommittees or working groups of a Committee or Board. 537

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1137 Meeting Date: 4/4/2023
TITLE:

LICENSE AGREEMENT WITH THE COSTA MESA-NEWPORT HARBOR LIONS CLUB DEPARTMENT: PARKS AND COMMUNITY SERVICES
PRESENTED BY: KEVIN STODDARDT, SENIOR RECREATION SUPERVISOR CONTACT INFORMATION: JASON MINTER, PARKS AND COMMUNITY SERVICES DIRECTOR, (714) 754 - 5009
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the license agreement between the City of Costa Mesa and the Costa Mesa-Newport Harbor Lions Club to host the annual Fish Fry event at the Lions Park Campus beginning in 2023.

2. Authorize the City Manager and City Clerk to execute the agreement and all future amendments to the agreement.

BACKGROUND:

The Costa Mesa-Newport Harbor Lions Club has hosted the Fish Fry in the City of Costa Mesa for more than 70 years. In August 2019, City Council approved a License Agreement between the City and the Costa Mesa-Newport Lions Club (Lions Club) to host the Fish Fry at Lions Park beginning in 2020. Unfortunately the agreement was approved prior to the completion of the Lions Park projects.

When the Fish Fry returned to Lions Park in 2022, there were a few logistical challenges due to the revised layout.

ANALYSIS:

City staff from many Departments (Fire, Public Works, and Parks) worked with representatives from the Lions Club to address the challenges faced during the 2022 event. The primary change is moving the main event area from the Lions Park Event Lawn to the outfield of Luke Davis Field, located on the southwest corner of the park. This change will provide the Lions Club with a larger carnival space to allow for more rides and games, as well as a more cohesive feel to the event, with all rides and booths much closer to the food and entertainment.

In addition to the change in location, the dates of the event will also change from Memorial Day weekend to the last full weekend in June. This will accomplish two goals, the first of which is to avoid conflicts with the voting center that is typically hosted in the Norma Hertzog Community Center in late May and early June. It will also allow staff to better coordinate the annual field maintenance for Luke

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Davis Field while minimizing the impact to the user groups.

Finally, the proposed agreement allows the Lions Club to utilize the Costa Mesa Senior Center’s kitchen for the preparation of the fish, the highlight of the Fish Fry. Prior to 2012 the kitchen at the Neighborhood Community Center (NCC) was used for battering and storing fish in preparation for the event. As the NCC is no longer standing, and the Norma Hertzog Community Center’skitchen is inadequate for this purpose, the Costa Mesa Senior Center kitchen is both suitable and in close proximity to Lions Park. The proposed license agreement stipulates that the Lions Club can use the kitchen at the Senior Center provided they show proof of compliance with all applicable local, state, and federal laws. It also stipulates that the kitchen be thoroughly cleaned and deodorized after the event.

Therefore, the proposed license agreement includes the following:

1. Use of Lions Park as the ongoing host site for the Fish Fry

2. Requirement that the event move from its traditional date on the first weekend after Memorial Day to the last full weekend in June

3. A shift of location of the main event area from the event lawn to the outfield of Luke Davis Field

4. Identification of the location for fish storage and preparation at the Costa Mesa Senior Center A copy of the proposed license agreement is included in this report, along with a copy of the agreement that was approved in 2019 (Attachments 1 and 2).

ALTERNATIVES:

The City Council could deny the approval Costa Mesa-Newport Lions Club and advise on alternate provisions for the agreement.

FISCAL REVIEW:

Costs associated with the partnership include in-house staff personnel time and a sponsorship contribution not-to-exceed $5,000 which are included in the FY 2022-23 Parks and Community Services Department budget.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

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CONCLUSION:

Staff recommends the City Council:

1. Approve the license agreement between the City of Costa Mesa and the Costa Mesa-Newport Harbor Lions Club to host the annual Fish Fry event at the Lions Park Campus beginning in 2023.

2. Authorize the City Manager and City Clerk to execute the agreement and all future amendments to the agreement.

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1 License Agreement
Lions Club Fish Fry

CITY OF COSTA MESA

LICENSE AGREEMENT
WITH

COSTA MESA-NEWPORT HARBOR LIONS CLUB
TH
IS LICENSE AGREEMENT (“Agreement”) is made and entered into this 4th day of April, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation ( “City” or “Licensor”), and COSTA MESA-NEWPORT HARBOR LIONS CLUB , a California nonprofit corporation (“Licensee”).

WI
TNESSETH:

WH
EREAS, City is the owner of the real property located at 570 W. 18th Street, Costa Mesa, California and all appurtenances thereon known as the Lions Park Campus (“Property”); and WHE
REAS, since 1946, Licensee has held an annual Fish Fry event (“Fish Fry”) in the City as a fundraising event to support community organizations; and WHE
REAS, Licensee uses proceeds from the Fish Fry to support local schools, charities and non- profit organizations; and
WH
EREAS, t he Fish Fry adds community value by creating an event that attracts thousands of attendees each year; and
WHE
REAS, Licensee used City’s Lions Park to host the Fish Fry until 2012; and WH
EREAS, since 2012, Licensee has held the Fish Fry in Fairview Park; and WH
EREAS, the California Department of Fish and Wildlife has recommended that the Fish Fry be moved from Fairview Park; and
WH
EREAS, City and Licensee now desire to have the Fish Fry held at the Property, commencing in 2023; and
WHE
REAS, the Licensor and Licensee desire to execute this Agreement to set forth their rights, obligations, and liabilities relating to Licensee’s use of the Property; and WH
EREAS, the City and Licensee agree that this Agreement and the Fish Fry serve the public purpose and benefit of creating an event for the community, promoting community stewardship, and providing financial support to schools, charities and non-profit organizations located and active within the City of Costa Mesa.

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

1.0. G

RANT OF LICENSE
Com
mencing April 4, 2023, Licensor grants to Licensee a non-exclusive license (the “License”) to use a portion of the Property, as delineated in Exhibit “A,” attached hereto and incorporated herein (the “Licensed Area”) on the last full weekend of June each year. The Licensee may utilize the Licensed Area on the preceding Wednesday and Thursday to allow for event preparation for the carnival. Licensor may grant access to Licensed ATTACHMENT 1
541
2 License Agreement
Lions Club Fish Fry
Area prior to the preceding Wednesday on a case by case basis.

2.0. LIMITED USE OF LICENSED AREA
L
icensee’s use of the Property shall be limited to use of the Licensed Area for the exclusive purpose of hosting the Fish Fry event only. Such event may include carnival rides, bingo, a car show, vendors, entertainment, and parades. Licensee shall not use the Licensed Area for any other purpose or business without first obtaining Licensor’s written consent.

3.0. LICENSE FEE
I
n exchange for Licensee’s organization and hosting of the Fish Fry event, City grants the License to Licensee for no fee.
4 .0. TERM AND TERMINATION

4.1 . Term. The performance of this Agreement shall commence on January 1, 2020 and continue for a period of ten (10) years, ending on December 31, 2030, unless previously terminated as provided herein.

This Agreement shall automatically extend for one (1) additional ten (10) year period, unless either party , at least thirty (30) days prior to the expiration of the term, provides written notice to the other party indicating that it does not desire to extend the term.

4.2 . Termination. Either party may terminate this Agreement by providing six (6) months’ written notice to the other party, either by certified mail or personal delivery.

5.0. LICENSEE’S DUTIES AND RESPONSIBILITIES
L
icensee shall:
(
a) Be responsible for all aspects of the Fish Fry event. (
b) Submit a Special Event Permit application for each year’s Fish Fry in accordance with Section 9-208 of the Costa Mesa Municipal Code.
(
c) Provide to City, at no cost, the use of one (1) booth space at each year’s Fish Fry, to be used at the City’s discretion.
(
d) Obtain at least sixty (60) days’ advance written approval from City of the layout for the Fish Fry, including but not limited to placement of booths, stage, dance floor, and carnival rides.

Licensee shall arrange the event in accordance with the approved layout. Licensee shall not change the layout without City’s written approval.
(
e) Provide twenty-four (24) hour security services at the Licensed Area during each License Period. The number of security guards required to provide such services shall be as directed by City.
(f) R
emove all personal property at the conclusion of each License Period. (
g) Leave the Licensed Area in the condition it was provided to Licensee at the inception of each License Period and each day thereof.
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3 License Agreement
Lions Club Fish Fry

(h) Enforce all City policies and rules pertaining to the general code of conduct while at the Property.

(i) Comply with, and require its guests and invitees to comply with, any and all City rules, regulations, and guidelines applicable to use of the Licensed Area.

(j) Promptly notify the City of needed repairs and/or dangerous conditions in the Licensed Area.

(k) Comply with all reasonable requests made by City.
(l) Food preparation at the Costa Mesa Senior Center must be done in full compliance of all applicable local, state, and federal laws and regulations and proof of compliance shall be provided to the City prior to the facility’s use. The kitchen must be cleaned and odor free by the conclusion of the event.

6.0. CITY’S DUTIES AND RESPONSIBILITIES

City agrees to:

(a) Provide a staff person to oversee the Property during the License Periods.

(b) Provide staff members to assist with event production and management, as directed by the City’s Parks and Community Services Director.

(c) Provide marketing and promotional support in connection with each Fish Fry.

(d) Waive the Special Events Permit Fee for each Fish Fry.

(e) Waive the costs of providing special event Police Department services for each Fish Fry.

(f) Contribute to each year’s Fish Fry as an official Three Day Event Sponsor, or similar level of sponsor if the sponsor levels change, of the event, in an amount to be determined by the City.

Notwithstanding the foregoing, City’s annual sponsorship contribution shall not exceed Five Thousand Dollars ($5,000.00).

(g) Permit Licensee to use : 1) the refrigeration units located in City facilities adjacent to the Licensed Area if such units are not being utilized for a separate event; and 2) the kitchen and the Grand Hall at the Costa Mesa Senior Center for food preparation prior to the event if such units are not being utilized for a separate event.

(h) Maintain the Licensed Area in a safe and clean condition.

(i) Perform any needed maintenance and repairs of the Licensed Area.

(j) Provide Licensee with notice as soon as practical of the unavailability of the Licensed Area, unless such unavailability is due to unanticipated emergency or causes beyond Licensor’s control. In the event the Licensed Area becomes unavailable, City will attempt to provide Licensee with an alternative location for the Fish Fry.

(k) Allow Licensee to host an annual golf tournament at one of the two public golf courses located at the Costa Mesa Country Club as a fu ndraiser to benefit the Fish Fry . The City will w aive 543
4 License Agreement
Lions Club Fish Fry

green fees and other related fees for such tournament. The terms and conditions of Licensee’s use shall subject to written agreement of the parties.

7.0. SIGNS

Licensee shall coordinate with City regarding the placement of advertisements relating to the Fish Fry on City property.

8.0. ENTRY BY CITY AND PUBLIC

The Fish Fry shall be open to the public at no charge. City and the general public shall have unrestricted access to the Licensed Area at all times during Licensee’s use.

9.0. ACCEPTANCE OF LICENSED AREA

Licensor makes no warranty or representation of any kind whatsoever regardin g the condition of the Licensed Area or its fitness for Licensee’s use, or any use. Licensee accepts and agrees to use the Licensed Area in its current “as-is” condition, without any obligation of Licensor to perform or pay for any improvement thereto.

10.0. ALTERATIONS, ADDITIONS, IMPROVEMENTS

Licensor reserves the right to alter, change, or work on the Licensed Area during the term of this Agreement.

Licensee shall not make any alterations, additions, or improvements to the Licensed Area or Property without prior written approval from Licensor.

11.0. UTILITIES AND TAXES

11.1. Utilities. Licensor shall provide power and water to the Property and pay all fees and charges in connection therewith.

11.2. Taxes. Licensee shall pay all taxes which may be levied or assessed as a result of this Agreement or Licensee’s use of the Property . Although it is not anticipated that this License will create a possessory interest in the Property, Licensee understands that a possessory interest may be created and vested in Licensee as a result of this Agreement and that such interest may be subject to property taxation . Licensee understands that Licensee may be subject to the payment of property taxes levied on such possessory interest.

If property taxes are levied due to a possessory interest, Licensee shall pay such taxes.

12.0. NO INTEREST IN PROPERTY

Licensee understands and agrees that this is a license agreement, not a lease agreement. No tenancy is established by this Agreement and Licensee shall have no interest in the Property as a result of this Agreement or Licensee’s use of the Licensed Area.

13.0. INSURANCE

13.1. Minimum Scope and Limits of Insurance. Licensee 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 mos t recent Best’s Key Insurance Rating Guide, and approved by City:
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5 License Agreement
Lions Club Fish Fry

(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 Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

13.2. Endorsements. The commercial general liability insurance 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 addition al insureds with respect to: liability arising out of activities performed by or on behalf of Costa Mesa- Newport Harbor Lions C lub pursuant to its contract with the City; products and completed operations of Costa Mesa-Newport Harbor Lions C lub; premises owned, occupied or used by Costa Mesa-Newport Harbor Lions Club.”

(b) Notice: “ Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other insurance: “Costa Mesa-Newport Harbor Lions Club’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) Licensee’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.

13.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self- insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

13.4. Certificates of Insurance. Licensee 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 using the Property.

14.0. INDEMNIFICATION AND RELEASE

14.1. Licensee agrees to defend, indemnify, and hold free and harmless City, its elected officials, officers, agents, volunteers and employees (“Indemnitees”), at Licensee’s sole expense, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature arising out of this Agreement or the use or occupancy of the Property by, or the act s, errors or omissions of , Licensee, its officers, agents , members, volunteers, employees, occupan ts, invitees, visitors, guests, or other users , and/or authorized 545
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subcontractors. Notwithstanding the foregoing, Licensee shall not be responsible for claims, actions, complaints, or suits arising out of the sole active negligence or willful misconduct of the Indemnitees.

14.2. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by Licensee, its officers, agents, volunteers, employees, occupants, invitees, visitors, guests, or other users 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 Licensee, its officers, agents, volunteers, employees, invitees, visitors, guests, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the Indemnitees based upon Licensee’s use or occupancy of the Property pursuant to this Agreement, whether or not Licensee, its officers, agents, volunteers, employees, invitees, visitors, guests, and/or authorized subcontractors are asserted to be liable.

14.3. Licensee hereby releases Indem nitees from any claims, demands, obligations, liabilities, damages, injuries, breaches of duty, causes of action, losses, costs and expenses, including, without limitation, attorneys’ fees, whether known or unknown, which arise out of or are incurred in connection with the use of the Property by Licensee, including, without limitation, any damage or injury to Licensee or to its property arising out of or in connection with this Agreement.

15.0. GENERAL PROVISIONS

15.1. 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 negotia tions.

This Agreement may be modified only in writing and signed by the par ties 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.

15.2. Notices. Except as set forth herein, a ny notices, documents, correspondence or other communications concerning this Agreement 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. Either party may change its address by giving notice in writing to the other party.

IF TO LICENSEE:

IF TO CITY:

Costa Mesa-Newport Harbor Lions Club
P.O. Box 10628
Costa Mesa, CA 92627
Attn: President

City of Costa Mesa
Parks and Community Services Department
77 Fair Drive
Costa Mesa, CA 92626
Attn: Jason Minter

15.3. Assignment and Subletting. Licensee shall not assign this Agreement or license or sublet the Property or any part thereof without the prior written consent of City.

15.4. 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.

15.5. Attorneys’ Fees. In the event tha t litigation is brought by any party in connection with this 546
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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. 15 .6. Public Records Act Disclosure. Licensee has been advised and is aware that this Agreement and all reports, documents, information and data furnished or prepared by Licensee 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 California Government Code section 6254.7, and of which Licensee 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. 15 .7. Force Majeure. In the event of damage or destruction of the Property by any act of God, fire, national or local calamity, strike, labor dispute, civil disturbance, accident, epidemic, act or regulation of any public authority, interruption in or delay of transportation services, or any event of any other kind or character whatsoever, whether similar or dissimilar to the foregoing events, which shall render the practicable fulfillment by City of its obligations under this Agreement impossible, this Agreement shall be null and void and City shall be released of all responsibility hereunder and shall not be held responsible by Licensee for any resulting damage. In the event of any such occurrence or threat thereof, City shall have the right in its discretion to suspend or terminate any use by Licensee of the Property, to cause the Property to be vacated, or to take such action for such duration as City in its sole discretion deems necessary or appropriate. 15 .8. No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Licensee 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. 15 .9. 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. 15 .10. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. 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.
15 .11. Amendments . Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
15 .12. 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.
15 .13. 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 547
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enforceability of the remaining terms and provisions hereof or of the offending provi sion 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.

15.14. Counterparts. This Agreement may be executed in o ne or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

15.15. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

[SIGNATURE PAGE FOLLOWS]

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

CO

STA MESA-NEWPORT HARBOR LIONS CLUB
_________
______________________________ Date: __________________________ Signature
_________
______________________________
Name and Title
CI

TY OF COSTA MESA
_________
______________________________ Date: __________________________ John Stephens
Mayor
A
TTEST:
_________
______________________________ Date: __________________________ Brenda Green
City Clerk
AP
PROVED AS TO FORM:
_________
______________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
D
EPARTMENTAL APPROVAL:
_________
______________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
_________
______________________________ Date: __________________________ Jason Minter
Parks and Community Services Director
549
License Agreement – Costa Mesa Newport Harbor Lions Club Fish Fry Layout at Lions Park – effective 2023
Luke Davis Field
Legend
Entrances
Boundary
Outfield Fence

EXHIBIT A

DESCRIPTION OF LICENSED AREA
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CITY OF COSTA MESA

LICENSE AGREEMENT
WITH

COSTA MESA-NEWPORT HARBOR LIONS CLUB
THIS
LICENSE AGREEMENT (“Agreement”) is made and entered into this 17th day of September, 2019 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation ( “City” or “Licensor”), and COSTA MESA-NEWPORT HARBOR LIONS CLUB , a California nonprofit corporation (“Licensee”).

WITN
ESSETH:

WHER
EAS, City is the owner of the real property located at 570 W. 18th Street, Costa Mesa, California and all appurtenances thereon known as the Lions Park Campus (“Property”); and WHER
EAS, since 1946, Licensee has held an annual Fish Fry event (“Fish Fry”) in the City as a fundraising event to support community organizations; and WHER
EAS, Licensee uses proceeds from the Fish Fry to support local schools, charities and non- profit organizations; and
WHER
EAS, t he Fish Fry adds community value by creating an event that attracts thousands of attendees each year; and
WHER
EAS, Licensee used City’s Lions Park to host the Fish Fry until 2012; and WHE
REAS, since 2012, Licensee has held the Fish Fry in Fairview Park; and WHE
REAS, the California Department of Fish and Wildlife has recommended that the Fish Fry be moved from Fairview Park; and
WHE
REAS, City and Licensee now desire to have the Fish Fry held at the Property, commencing in 2020; and
WHER
EAS, the Licensor and Licensee desire to execute this Agreement to set forth their rights, obligations, and liabilities relating to Licensee’s use of the Property; and WHER
EAS, the City and Licensee agree that this Agreement and the Fish Fry serve the public purpose and benefit of creating an event for the community, promoting community stewardship, and providing financial support to schools, charities and non-profit organizations located and active within the City of Costa Mesa.

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

1.0. GRANT OF LICENSE
Comm
encing January 1, 2020, Licensor grants to Licensee a non-exclusive license (the “License”) to use a portion of the Property, as delineated in Exhibit “A,” attached hereto and incorporated herein (the “Licensed Area”) on the first weekend after Memorial Day each year (each a “License Period”).

Notwithstanding the foregoing, Licensee agrees that City may, in its disc retion, require the 2020 Fish Fry to ATTACHMENT 2
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be held in September 2020 due to construction at the Property.

2.0. LIMITED USE OF LICENSED AREA

Licensee’s use of the Property shall be limited to use of the Licensed Area for the exclusive purpose of hosting the Fish Fry event only. Such event may include carnival rides, bingo, a car show, vendors, entertainment, and parades. Licensee shall not use the Licensed Area for any other purpose or business without first obtaining Licensor’s written consent.

3.0. LICENSE FEE

In exchange for Licensee’s organization and hosting of the Fish Fry event, City grants the License to Licensee for no fee.

4.0. TERM AND TERMINATION

4.1. Term. The performance of this Agreement shall commence on January 1, 2020 and continue for a period of ten (10) years, ending on December 31, 2030, unless previously terminated as provided herein.

This Agreement shall automatically extend for one (1) additional ten (10) year period, unless either party, at least thirty (30) days prior to the expiration of the term, provides written notice to the other party indicating that it does not desire to extend the term.

4.2. Termination. Either party may terminate this Agreement by providing six (6) months’ written notice to the other party, either by certified mail or personal delivery.

5.0. LICENSEE’S DUTIES AND RESPONSIBILITIES

Licensee shall:

(a) Be responsible for all aspects of the Fish Fry event.

(b) Submit a Special Event Permit application for each year’s Fish Fry in accordance with Section 9-208 of the Costa Mesa Municipal Code.

(c) Provide to City, at no cost, the use of one (1) booth space at each year’s Fish Fry, to be used at the City’s discretion.

(d) Obtain at least sixty (60) days’ advance written approval from City of the layout for the Fish Fry, including but not limited to placement of booths, stage, dance floor, and carnival rides.

Licensee shall arrange the event in accordance with the approved layout. Licensee shall not change the layout without City’s written approval.

(e) Provide twenty-four (24) hour security services at the Licensed Area during each License Period. The number of security guards required to provide such services shall be as directed by City.

(f) Remove all personal property at the conclusion of each License Period.

(g) Leave the Licensed Area in the condition it was provided to Licensee at the inception of each License Period and each day thereof.

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(h) Enforce all City policies and rules pertaining to the general code of conduct while at the Property.

(i) Comply with, and require its guests and invitees to comply with, any and all City rules, regulations, and guidelines applicable to use of the Licensed Area.

(j) Promptly notify the City of needed repairs and/or dangerous conditions in the Licensed Area.

(k) Comply with all reasonable requests made by City.

6.0. CITY’S DUTIES AND RESPONSIBILITIES

City agrees to:

(a) Provide a staff person to oversee the Property during the License Periods.

(b) Provide staff members to assist with event production and management, as directed by the City’s Parks and Community Services Director.

(c) Provide marketing and promotional support in connection with each Fish Fry.

(d) Waive the Special Events Permit Fee for each Fish Fry.

(e) Waive the costs of providing special event Police Department services for each Fish Fry.

(f) Contribute to each year’s Fish Fry as an official Three Day Event Sponsor, or similar level of sponsor if the sponsor levels change, of the event, in an amount to be determined by the City.

Notwithstanding the foregoing, City’s annual sponsorship contribution shall not exceed Five Thousand Dollars ($5,000.00).

(g) Permit Licensee to use the refrigeration units located in City facilities adjacent to the Licensed Area, if such units are available and the adjacent City facilities are not being utilized for a separate event.

(h) Maintain the Licensed Area in a safe and clean condition.

(i) Perform any needed maintenance and repairs of the Licensed Area.

(j) Provide Licensee with notice as soon as practical of the unavailability of the Licensed Area, unless such unavailability is due to unanticipated emergency or causes beyond Licensor’s control. In the event the Licensed Area becomes unavailable, City will attempt to provide Licensee with an alternative location for the Fish Fry.

(k) Allow Licensee to host an annual golf tournament at one of the two public golf courses located at the Costa Mesa Country Club as a fundraiser to benefit the Fish Fry . The City will w aive green fees and other related fees for such tournament. The terms and conditions of Licensee’s use shall subject to written agreement of the parties.
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7.0. SIGNS

Licensee shall coordinate with City regarding the placement of advertisements relating to the Fish Fry on City property.

8.0. ENTRY BY CITY AND PUBLIC

The Fish Fry shall be open to the public at no charge. City and the general public shall have unrestricted access to the Licensed Area at all times during Licensee’s use.

9.0. ACCEPTANCE OF LICENSED AREA

Licensor makes no warranty or representation of any kind whatsoever regardin g the condition of the Licensed Area or its fitness for Licensee’s use, or any use. Licensee accepts and agrees to use the Licensed Area in its current “as-is” condition, without any obligation of Licensor to perform or pay for any improvement thereto.

10.0. ALTERATIONS, ADDITIONS, IMPROVEMENTS

Licensor reserves the right to alter, change, or work on the Licensed Area during the term of this Agreement.

Licensee shall not make any alterations, additions, or improvements to the Licensed Area or Property without prior written approval from Licensor.

11.0. UTILITIES AND TAXES

11.1. Utilities. Licensor shall provide power and water to the Property and pay all fees and charges in connection therewith.

11.2. Taxes. Licensee shall pay all taxes which may be levied or assessed as a result of this Agreement or Licensee’s use of the Property . Although it is not anticipated that this License will create a possessory interest in the Property, Licensee understands that a possessory interest may be created and vested in Licensee as a result of this Agreement and that such interest may be subject to property taxation . Licensee understands that Licensee may be subject to the payment of property taxes levied on such possessory interest.

If property taxes are levied due to a possessory interest, Licensee shall pay such taxes.

12.0. NO INTEREST IN PROPERTY

Licensee understands and agrees that this is a license agreement, not a lease agreement. No tenancy is established by this Agreement and Licensee shall have no interest in the Property as a result of this Agreement or Licensee’s use of the Licensed Area.

13.0. INSURANCE

13.1. Minimum Scope and Limits of Insurance. Licensee 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 mos t recent Best’s Key Insurance Rating Guide, and approved by City:

(a) Commercial general liability, including premises -operations, products/completed 554
5 License Agreement
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operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

13.2. Endorsements. The commercial general liability insurance 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 addition al insureds with respect to: liability arising out of activities performed by or on behalf of Costa Mesa- Newport Harbor Lions C lub pursuant to its contract with the City; products and completed operations of Costa Mesa-Newport Harbor Lions C lub; premises owned, occupied or used by Costa Mesa-Newport Harbor Lions Club.”

(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other insurance: “Costa Mesa-Newport Harbor Lions Club’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) Licensee’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.

13.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self- insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

13.4. Certificates of Insurance. Licensee 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 using the Property . The certificates of insurance shall be attached hereto as Exhibi t “B” and incorporated herein by this reference.

14.0. INDEMNIFICATION AND RELEASE

14.1. Licensee agrees to defend, indemnify, and hold free and harmless City, its elected officials, officers, agents, volunteers and employees (“Indemnitees”), at Licensee’s sole expense, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature arising out of this Agreement or the use or occupancy of the Property by, or the act s, errors or omissions of , Licensee, its officers, agents, members, volunteers, employees, occupan ts, invitees, visitors, guests, or other users , and/or authorized subcontractors. Notwithstanding the foregoing, Licensee shall not be responsible for claims, actions, 555
6 License Agreement
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complaints, or suits arising out of the sole active negligence or willful misconduct of the Indemnitees.

14.2. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by Licensee, its officers, agents, volunteers, employees, occupants, invitees, visitors, guests, or other users 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 Licensee, its officers, agents, volunteers, employees, invitees, visitors, guests, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the Indemnitees based upon Licensee’s use or occupancy of the Property pursuant to this Agreement, whether or not Licensee, its officers, agents, volunteers, employees, invitees, visitors, guests, and/or authorized subcontractors are asserted to be liable.

14.3. Licensee hereby releases Indem nitees from any claims, demands, obligations, liabilities, damages, injuries, breaches of duty, causes of action, losses, costs and expenses, including, without limitation, attorneys’ fees, whether known or unknown, which arise out of or are incurred in connection with the use of the Property by Licensee, including, without limitation, any damage or injury to Licensee or to its property arising out of or in connection with this Agreement.

15.0. GENERAL PROVISIONS

15.1. 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 negotia tions.

This Agreement may be modified only in writing and signed by the par ties 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.

15.2. Notices. Except as set forth here in, a ny notices, documents, correspondence or other communications concerning this Agreement 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. Either party may change its address by giving notice in writing to the other party.

IF TO LICENSEE:

IF TO CITY:

Costa Mesa-Newport Harbor Lions Club
P.O. Box 10628
Costa Mesa, CA 92627
Attn: President

City of Costa Mesa
Parks and Community Services Department
77 Fair Drive
Costa Mesa, CA 92626
Attn: Justin Martin

15.3. Assignment and Subletting. Licensee shall not assign this Agreement or license or sublet the Property or any part thereof without the prior written consent of City.

15.4. 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 h ereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

15.5. 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, 556
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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.

15.6. Public Records Act Disclosure. Licensee has been advised and is aware that this Agreement and all reports, documents, information and data furnished or prepared by Licensee 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 i s defined in California Government Code section 6254.7, and of which Licensee 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.

15.7. Force Majeure. In the event of damage or destruction of the Property by any act of God, fire, national or local calamity, strike, labor dispute, civil disturbance, accident, epidemic, act or regulation of any public authority, interruption in or delay of transportation services, or any event of any other kind or character whatsoever, whether similar or dissimilar to the foregoing events, which shall render the practicable fulfillment by City of its obligations under this Agreement impossible, this Agreement shall be null and void and City shall be released of all responsibility hereunder and shall not be held responsible by Licensee for any resulting damage. In the event of any such occurrence or threat thereof, City shall have the right in its discretion to suspend or terminate any use by Licensee of the Property, to cause the Property to be vacated, or to take such action for such duration as City in its sole discretion deems necessary or appropriate.

15.8. No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Licensee 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.

15.9. 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.

15.10. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. 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.

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

15.12. 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 re presentative 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 an y waiver constitute a continuing waiver.

15.13. 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 provi sion in any other 557
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circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaire d, 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.

15.14. 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.

15.15. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

[SIGNATURE PAGE FOLLOWS]

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

COSTA MESA-NEWPORT HARBOR LIONS CLUB

_______________________________________ Date: __________________________ Signature

_______________________________________
Name and Title

CITY OF COSTA MESA

_______________________________________ Date: __________________________ Katrina Foley
Mayor

ATTEST:

_______________________________________ Date: __________________________ Brenda Green
City Clerk

APPROVED AS TO FORM:

_______________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

DEPARTMENTAL APPROVAL:

_______________________________________ Date: __________________________ Justin Martin
Acting Assistant City Manager

_______________________________________ Date: __________________________ Yvette Aguilar
Acting Parks and Community Services Director

559

EXHIBIT A

DESCRIPTION OF LICENSED AREA
560
561

EXHIBIT B

CERTIFICATES OF INSURANCE

562
563