Agenda packet — Costa Mesa City Council, May 2, 2023 (part 2 of 2)

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solicit proposals to administer a permanent TBRA program for Costa Mesa. Should the Council support staff’s recommendation, the TBRA Program will no longer be considered a “pilot” program.

The permanent TBRA program would aim to provide rental assistance for both families and individuals for up to 24 months. The TBRA rental subsidy would cover rental costs, security deposits and utilities and would reduce the housing cost for participating households to 30% of the household’s monthly adjusted income. To receive TBRA assistance, both the household and the housing unit must be eligible.

Eligible households include:
· Households with incomes at or below 60% Area Median Income (AMI) (e.g. $56,940 for a household of one person; $81,300 for a household of four) with a severe housing cost burden (i.e. housing costs equal to 50% or more of the household monthly income); or · Households meeting the HUD At Risk of Homelessness definition at 24 Code of Federal Regulations Part 91 (e.g. household income at 30% AMI or below and insufficient resources to prevent them from moving to an emergency shelter and meets one of 5 additional conditions as listed in the regulations); or
· Households experiencing homelessness and having strong ties to the City (live/work/school).

Eligible units are required to comply with a HUD Housing Quality Inspection and occupancy standards, have a lease between the tenant and landlord, and have a rental assistance payment contract between the landlord and the TBRA program administrator.

Program Administration
The City may use up to ten percent of its annual grant for HOME program administration. Based on the City’s FY 2023-24 allocation, $50,926 is available for HOME program administration. Eligible administration expenditures include program staff salaries and benefits, contract services, and legal services which may be required to implement the funded activities.

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Noticing Requirements and Public Comment
As required by HUD, a notice was published in local newspapers in Spanish and English on April 1, 2023, inviting the public to review and comment on the draft 2023-2024 Annual Action Plan. The comment period began April 2, 2023 and concludes on May 2, 2023. The notice also announced the May 2, 2023 City Council public hearing. At the time of this report, no comments had been received.

POTENTIAL PROGRAM CHANGES
Each year, staff continually evaluates the effectiveness of our housing assistance programs, including those funded by CDBG and HOME dollars. Staff believes that making a few enhancements to the City’sTBRA program and the Single-Family Housing Rehabilitation program (described below) could increase the number of residents these programs are able to serve. Staff is seeking direction regarding the City Council’s interest further evaluating the below described program changes.

TBRA Program- Mobile Homes
Recently, it was brought to staff’sattention that Mobile Home residents are not eligible for City rental assistance programs because they are not considered “renters”.Most mobile home park residents own their housing units as an asset, but rent the land upon which the mobile home sits. Originally, the TBRA program was focused on the City’smost vulnerable populations (i.e. renters who likely don’t have assets or other housing options and are therefore more susceptible to eviction if they are unable to pay rent). However, if desired, staff could evaluate and potentially modify the TBRA program guidelines to allow for mobile home park space rent to be eligible for rental assistance under the City’sTBRA program and/or other rental assistance programs. If this change were made, the pool of applicants for TBRA and/or other rental assistance funds would likely increase, exhaust available

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funds more quickly, and could warrant allocation of additional funds in the future.

Single Family Rehabilitation Grant and Loan Program
In practice, many Costa Mesa residents are connected to the City’sHOME-funded Single-Family Residential grant and loan program through our Community Improvement staff who are investigating complaints regarding deferred maintenance and potential housing safety issues. Recently, staff have noted that many of these cases are not eligible for HOME grants or loans primarily because of the HOME requirement that rehabilitated property value after rehabilitation cannot exceed 95 percent of the HUD median purchase price ($1,026,000). Because single-family home prices are high in the current market, many single-family homes needing repairs or maintenance are not eligible because of the home’svalue despite the fact that the occupants of those homes are eligible low- to very-low income households and may not have available funds to complete home repairs. Staff believe this is the main reason that the City’s current rehabilitation program serves primarily mobile homes.

In contrast, CDBG funds do not have a “rehabilitated property value” requirement. Therefore, as an option to expand the pool of Costa Mesa residents eligible for this program, staff could evaluate funding this program with a combination of CDBG and HOME funds, or other applicable grant funds.

Allocating different funding sources to this program may require an amendment to the City’sFive- Year Consolidated Plan (the plan only identifies HOME funds for this program).

It should be noted that since both HOME and CDBG funds are limited, allocating additional funding amounts to the Single-family Rehabilitation grant and loan program may ultimately result in reduced funding amounts allocated to other HOME- and CDBG-funded activities.

ALTERNATIVES:

The City Council can choose not to fund the proposed activities recommended by staff and allocate CDBG or HOME funds to other eligible activities. The City Council can also direct staff to not submit the Action Plan; however, if the City does not submit the Action Plan, HOME funds will most likely be returned to the U.S. Treasury, and the City’sCDBG funds will be distributed proportionally among other Orange County jurisdictions that receive CDBG funds.

FISCAL REVIEW:

This action does not have a fiscal impact to the General Fund. For FY 2023-24 the City receives an annual allocation of $1,010,506 in CDBG funds and $509,260 in HOME funds to fund the programs outlined above.

LEGAL REVIEW:

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

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CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Diversify, Stabilize and Increase Housing to Reflect Community Needs CONCLUSION:

The draft 2023-2024 Annual Action Plan has been prepared according to HUD regulations and outlines how the City will utilize FY 2023-2024 CDBG and HOME funds to meet federal objectives and the goals of the City’sadopted five-year Consolidated Plan. Staff recommends that the City Council adopt the FY 2023-24 Annual Action Plan and authorize its submittal to HUD.

In addition, staff is seeking Council direction regarding the potential future amendments to the City’s TBRA and Single-Family Rehabilitation Programs as described in this report. If the City Council directs staff to evaluate these programs, staff will return with more specific funding recommendations and an amendment to the approved FY 2023-24 Annual Action Plan and the City’s Five-Year Consolidated Plan (if required).

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ATTACHMENT 1

Resolution No. 2023-xx Page 1 of 3

RESOLUTION NO. 2023-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND AUTHORIZING SUBMISSION OF THE 2023-2024

ANNUAL ACTION PLAN FOR THE APPLICATION AND EXPENDITURE OF

COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVES TMENT

PARTNERSHIPS ACT FUNDS TO THE UNITED STATES DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT

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

WHEREAS, the City of Costa Mesa participates in the United States Department of Housing and Urban Development’s (“HUD”) Community Development Block Grant (CDBG) Program and also participates in HUD’s Home Investment Partnerships Program (HOME); and
WHEREAS, in order to receive annual allocations from these HUD programs, the City is required to prepare a five -year strategic plan outlining the use of the grants and strategic vision for affordable housing and community development in the City known as the Consolidated Plan; and
WHEREAS, the City’s current Consolidated Plan, was adopted o n May 19, 2020, and will expire on June 30, 2025; and
WHEREAS, the federal regulations (Title 24 Code of Federal Regulations Part 91) delineate the required content of the Consolidated Plan, including an annual application and expenditure plan for CDBG an d HOME funds, known as the Annual Action Plan; and
WHEREAS, the City is eligible to receive $1, 010,506 in 2023-2024 CDBG funds, which can be used for social service grants, housing rehabilitation, public facilities and administration, and is also eligible to receive $50 9,260 in 202 3-2024 HOME funds, which can be used for housing and administration as set forth in the 202 3-2024 Annual Action Plan (Exhibit A); and
WHEREAS, the City made the 202 3-2024 Annual Action Plan available for the required 30-day public review period between April 2, 2023 and May 2, 2023; and WHEREAS, the City has published a notice of a public hearing for the 202 3-2024 Annual Action Plan in English and Spanish; and
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Resolution No. 2023-xx Page 2 of 3

WHEREAS, in the 202 3-2024 Annual Action Plan, the City has considered all public comments which have been received either in writing or at the public hearing.

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

SECTION 1. The City Council hereby approves the 202 3-2024 Annual Action Plan, attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 2. The City Council hereby authorizes the City Manager, or the City Manager’s designee, to submit the 202 3-2024 Annual Action Plan to HUD and execute all certifications and assura nces contained therein to approve minor changes and provide additional information as may be required.

SECTION 3. The City Council hereby designates the City Manager, or the City Manager’s designee, as the City’s official representative to administer the programs and execute and submit all required agreements, certifications, and documents required by HUD. The City Council further authorizes the City Manager, or City Manager’s designee, to execute all subrecipient agreements with the nonprofit organization s receiving allocations of CDBG funds approved in the 2023-2024 Annual Action Plan.

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Resolution No. 2023-xx Page 3 of 3

PASSED AND ADOPTED this 2nd day of May 2023.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

THIS PAGE IS RESERVED FOR THE CITY CLERK’S OFFICE.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2023-xx and was duly passed and adopted by the City Council of the City of Costa M esa at a regular meeting held on the 2nd day of May 2023, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 3rd day of May 2023.

___________________________
Brenda Green, City Clerk
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ATTACHMENT 2
20 23-2024 PUBLIC SERVICE GRANT APPLICATION SUMMARIES

HOMELESS SERVICES
City Net – Street Outreach
Proposed Service: Street outreach and support services for individuals experiencing homelessness
Amount Requested: $20,000 for client services
CM Residents to be Assisted: 150
Committee Recommendation: $0 (Avg rating 87.0 out of 100 pts / 3rd out of 11 applications) Families Forward – Housing Program
Proposed Service: The program will provide housing and support services for homeless Costa Mesa families with children
Amount Requested: $30,000 for program staff
CM Residents to be Assisted: 44
Committee Recommendation: $15,000 (Avg rating 82.5 out of 100 pts / 5th out of 11 applications) Mercy House – Costa Mesa Bridge Shelter
Proposed Service: Costa Mesa Bridge Shelter provides short-term shelter, supportive and housing navigation services for homeless individuals
Amount Requested: $25,000 for security services
CM Residents to be Assisted: 170
Committee Recommendation: $15,000 (Avg rating 90.3 out of 100 pts / 1st out of 11 applications)

SENIOR SERVICES
City of Costa Mesa – Senior Social Services
Proposed Service: Counseling and referral services for seniors provided by social worker at the Costa Mesa Senior Center
Amount Requested: $30,000 for program staff salaries
CM Residents to be Assisted: 250
Committee Recommendation: $30,0000 (Unrated – City Program) Community SeniorServ – Meals on Wheels
Proposed Service: This senior meal program will provide home-delivered meals and quick assessment for homebound seniors to ensure health and safety Amount Requested: $20,000 for raw food costs
CM Residents to be Assisted: 30
Committee Recommendation: $15,000 (Avg rating 72.7 out of 100 / 10th out of 11 applications) Community SeniorServ – Lunch Café
Proposed Service: The program provides seniors with hot lunch 5 days per week at the Costa Mesa Senior Center. Using a “grab-n-go” program model during COVID-19 required closure of the Senior Center.

Amount Requested: $20,000 for raw food costs
CM Residents to be Assisted: 130
Committee Recommendation: $20,000 (Avg rating 84.2 out of 100 / 4th out of 11 applications) Dance 4 Joy Ministries
Proposed Service: Elderly Inclusion - Dance performance & dance classes at elder care facilities
Amount Requested: $15,000
CM Residents to be Assisted: 240
Committee Recommendation: $0 (Avg rating 74.8 out of 100 / 9th out of 11 applications) 1 294

Trellis International – Labors of Love
Proposed Service: Will collectively identify neighbors in need in order to help them with manual labor projects.

Amount Requested: $30,000
CM Residents to be Assisted: 30
Committee Recommendation: $15,000 (Avg rating 82 out of 100 / 6th out of 11 applications)

YOUTH SERVICES
Project Hope Alliance – In—Place Case Management for Homeless CM Students Proposed Service: Wrap-around services for NMUSD students experiencing homelessness.

Fuds will be used to provide one-on-one case management, mentoring, tutoring, college and FAFSA application assistance, job search assistance, basic needs support like food.

Amount Requested: $30,000 for program staff salaries
CM Residents to be Assisted: 120
Committee Recommendation: $25,000 (Avg rating 92.2 out of 100 / 2nd out of 11 applications) Stand UP for Kids
Proposed Service: Program provides pre-employment counseling, mock interview skills training, job counseling, and job referrals for youth.

Amount Requested: $25,000 for program staff salaries
CM Residents to be Assisted: 400
Committee Recommendation: $15,000 (Avg rating 78.2 out of 100 / 8th out of 11 applications) Youth Employment Services (YES) – Comprehensive Youth Job Readiness Program Proposed Service: Program provides pre-employment counseling, mock interview skills training, job counseling, and job referrals for youth.

Amount Requested: $25,000 for program staff salaries
CM Residents to be Assisted: 400
Committee Recommendation: $16,575 (Avg rating 85.8 out of 100 / 7th out of 11 applications)

LOW- AND MODERATE-INCOME SERVICES
Fair Housing Foundation – Fair Housing Program (HUD-Required – Paid out of Admin) Proposed Service: Program will provide fair housing education, counseling and enforcement services in compliance with federal program regulations Amount Requested: $20,000 for program staff salaries and related program and admin costs CM Residents to be Assisted: 186
Committee Recommendation: $20,000
$20,000
South County Outreach
Proposed Service: Hunger and Homeless Prevention including rental and utility assistance Amount Requested: $19,000 for program staff salaries and rent/utility assistance CM Residents to be Assisted: 115
Committee Recommendation: $0 (Avg rating 71.2 out of 100 / 11th out of 11 applications)

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2023-2024 CDBG PUBLIC SERVICE GRANT
Housing & Public Service Grant Committee Recommendations

CDBG 3-Year Funding History

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FY 2023-2024
Annual Action Plan
3/31/23
ATTACHMENT 3ATT
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Annual Action Plan 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Contents
Executive Summary ....................................................................................................................................... 3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 3 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 6 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 7 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 15 Expected Resources .................................................................................................................................... 18 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 18 Annual Goals and Objectives ...................................................................................................................... 22 Projects ................................................................................................................................................... 24 AP-35 Projects – 91.220(d) ..................................................................................................................... 24 AP-38 Project Summary .......................................................................................................................... 24 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 29 Affordable Housing ..................................................................................................................................... 30 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 30 AP-60 Public Housing – 91.220(h) ........................................................................................................... 31 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 32 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 35 AP-85 Other Actions – 91.220(k) ............................................................................................................ 37 Program Specific Requirements .................................................................................................................. 40

ATTACHMENTS
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Costa Mesa is a recipient of federal Community Development Block Grant (CDBG) and Home Investment Partnerships Grant (HOME) funds; these funds are awarded to the City by the U.S.

Department of Housing and Urban Development (HUD). As a recipient of CDBG and HOME funds, the City must prepare a five-year strategic plan known as the Consolidated Plan. The Consolidated Plan identifies and prioritizes housing and community needs and establishes five-year goals and objectives to address identified needs. The City's current Consolidated Plan was approved by the City Council on May 19, 2020 and covers Fiscal Year 2020-2021 through Fiscal Year 2024-2025.

The Annual Action Plan is the component of the Consolidated Plan that is revised annually. It links the goals and objectives identified in the City's 2020-2024 Consolidated Plan with the planned annual expenditure of CDBG and HOME funds over the next twelve months. The period covered by the 2023- 2024 Annual Action Plan begins July 1, 2023, and ends June 30, 2024. The City refers to this time frame as a Fiscal Year (FY).

The City will receive an allocation of $1,010,506 in CDBG funds and $509,260 in HOME funds for FY 2023-2024. Additionally, $78,797 in prior year uncommitted CDBG funds, a possible $600,000 in re- programmed CDBG funds and $40,000 in HOME Program Income (PI) funds are available for programming. Program income is generated by the repayment of prior funded housing rehabilitation loans and is available to fund eligible activities. The City will use CDBG resources to fund capital improvements (e.g., public facilities or street improvements), code enforcement, social services, and program administration. HOME resources will be used to fund owner-occupied housing rehabilitation, affordable rental housing (CHDO), Tenant Based Rental Assistance (TBRA) and program administration.

2. Summarize the objectives and outcomes identified in the Plan Based on an analysis of housing and community needs, market analysis, and input from the community, the following five-year goals and priorities have been identified for implementation in the 2020-2024 Consolidated Plan:
• Goal 1: Housing Preservation - To provide decent and affordable housing through a variety of activities, including owner-occupied housing rehabilitation, code enforcement, and rental housing acquisition/rehabilitation
• Goal 2: Infrastructure and Facility Improvements - To enhance the suitability of the living environment through improvements to public infrastructures and facilities DRAFT
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• Goal 3: Homeless Continuum of Care - To provide supportive services and housing assistance for those experiencing homelessness and near homelessness
• Goal 4: Public Social Service - To provide services for low- and moderate-income persons, and those with special needs, including fair housing services • Goal 5: Program Administration - To provide administration of the CDBG and HOME programs, ensuring effective and delivery of programs and services and complying with all HUD program requirements
Activities funded with CDBG and HOME funds will address the goals and objectives identified in the City's Consolidated Plan.

3. Evaluation of past performance
FY 2022-2023 (the current fiscal year) is the third year of the City's 2020-2024 Consolidated Plan cycle; year-end program accomplishments are not available at this time; however, one-year accomplishment data for FY 2021-2022 is available. This information is provided in table format as Attachment 1.

4. Summary of Citizen Participation Process and consultation process For the preparation of the 2023-2024 Annual Action Plan, the following opportunities for public participation were taken:
• Ad-hoc Housing and Public Services Grant Committee public meeting to receive input regarding public service needs and to prioritize funding for FY 2023-2024 public service grants (March 15, 2023)
• Public Notice – 30-day comment period and public hearing • Public Hearing – City Council Public Hearing to receive additional public input and to approve the FY 2023-2024 Annual Action Plan (May 2, 2023).
• A Housing Affordability Survey was advertised via City social media outlets, at the Community Senior Center during grocery pick-up, in the Community Senior Center newsletter, through NHS Outreach workers and at the Fair Housing Workshop for Spanish Speakers held on on March 23rd, 2023.
.

Summary of public comments
See Attachment 2.

6. Summary of comments or views not accepted and the reasons for not accepting them DRAFT
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See Attachment 2.

7. Summary
The Action Plan serves to implement the Consolidated Plan objectives which were developed to address priority housing and community needs using federal resources (i.e., CDBG and HOME). The Annual Action Plan provides specific information regarding the resources and activities the City will utilize to address priority needs and specific objectives identified in the Consolidated Plan during the 12 month Action Plan period. The 2023-2024 Action Plan begins July 1, 2023, and ends June 30, 2024. The Annual Plan will also serve as the City's application to HUD for $1,010,506 in CDBG and $509,260 in HOME funds for FY 2023-2024.

The Action Plan is also the expenditure plan for HUD grant funds, prior year grant funds, and anticipated program income resources.

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan CDBG Administrator COSTA MESA Housing & Community Dev/Development Services HOME Administrator COSTA MESA Housing & Community Dev/Development Services Table 1 – Responsible Agencies

Narrative (optional)
The City's Housing and Community Development (HCD) Division of the Development Services Department is primarily responsible for preparing the Consolidated Plan, Annual Action Plan, and for the administration of CDBG and HOME funds.

Consolidated Plan Public Contact Information
Mikelle Daily, Grant Administrator: 77 Fair Drive, Costa Mesa, CA 92628 (714) 754-5678 - [email protected]

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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The Annual Action Plan preparation process requires jurisdictions to contact and consult with other public and private agencies and residents when developing respective plans. For the FY 2023-2024 Annual Action Plan, the City consulted with the public and private agencies listed below. Also listed below are the steps taken by the City to solicit the input of community residents.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of Costa Mesa does not own or manage public housing. Similarly, the City does not administer the Housing Choice Voucher or Section 8 Certificate rental assistance programs, however, Costa Mesa has an executed MOU with the Orange County Housing Authority (OCHA) to participate in their Housing Choice Voucher (HCV) Set-Aside Program, which makes available HCV’s only for participating jurisdictions. Rental assistance voucher/certificate programs are administered in the City of Costa Mesa by OCHA. The City is a member of the OCHA Cities Advisory Committee, which provides OCHA staff with direct input regarding program policies.

The City's Network for Homeless Solutions (NHS) is a task force comprised of representatives of various City departments, nonprofit service agencies, and representatives of faith-based service providers. The main focus of the NHS is to find workable solutions to address the needs of those experiencing and at- risk of homelessness, especially those with close ties to Costa Mesa. Additionally, the City works closely with other Orange County HUD-grantee communities to develop regional plans and share program management data. The City also has a strong partnership with local behavioral health providers like Share Our Selves (SOS) and College Hospital, who participate in the City’s Network for Homeless Solutions and attend monthly NHS meetings.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

Since 2014, the Network for Homeless Solutions (NHS) has directly addressed homeless issues in Costa Mesa. As outlined above, the NHS is a working group of City staff, representatives of service providers, and faith-based organizations. The NHS is focused on establishing direct links to services for the homeless, especially those with strong ties to Costa Mesa, facilitating access to services and housing options. The NHS also serves as a liaison to the business community and resident groups.

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Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City is not a recipient of Emergency Solutions Grant (ESG) funds; therefore, it does not assist the OC CoC with determining ESG allocations, evaluating the outcomes, or developing policies and procedures for administering the regional Homeless Management Information System (HMIS).

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
1 Agency/Group/Organization Orange County Housing Authority Agency/Group/Organization Type PHA
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Phone Calls
Email Correspondence
Provided data regarding households receiving
HUD rental assistance and regarding
households on the waitlist for housing
assistance
2 Agency/Group/Organization City of Costa Mesa
Agency/Group/Organization Type Other government – Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Strategy
Non-Homeless Special Needs
Anti-poverty Strategy
Lead-based Paint Strategy
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Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Survey
Conference Calls
In Person Meetings
Zoom Meetings
Email Correspondence
Various City departments, commissions,
Housing & Public Service Grants committee and
City Council provided a variety of data and
information. Also played a key role in
identifying priorities and the allocation of HUD
funds
3 Agency/Group/Organization City of Santa Ana
Agency/Group/Organization Type Other government – Local What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Non-Housing Community Development
Strategy
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Phone Calls
Email Correspondence
This consultation provided the stakeholder an
opportunity to actively participate in the
planning effort. The City requested input
concerning the topics highlighted above from
this stakeholder
4 Agency/Group/Organization City of Garden Grove
Agency/Group/Organization Type Other government – Local What section of the Plan was addressed by
Consultation?
Homelessness Strategy
Non-Housing Community Development
Strategy
Briefly describe how the
Agency/Group/Organization was consulted.

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5 Agency/Group/Organization Fair Housing Foundation
Agency/Group/Organization Type Service-Fair Housing; Nonprofit What section of the Plan was addressed by
Consultation?
Impediments to Fair Housing
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
In Person Meetings/Workshops
Phone Calls
Quarterly Reporting
Provided data regarding fair housing issues in
the community and input regarding
impediments to fair housing, and assisted in
developing action steps to address
impediments to fair housing
6 Agency/Group/Organization Mercy House Transitional Living Centers Agency/Group/Organization Type Services-homeless; Nonprofit What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Zoom Meetings
Phone Calls
Quarterly Reporting
Agency runs the City shelter and helped identify
needs and provided input regarding the those
experiencing homelessness and those at risk of
becoming homeless
7 Agency/Group/Organization Families Forward
Agency/Group/Organization Type Services-homeless; Nonprofit What section of the Plan was addressed by
Consultation?
Homeless Needs - Families with children
Homelessness Strategy
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Zoom Meetings
Email Correspondence
Monthly & Quarterly Reporting
Agency helped identify needs and assisted with
the implementation of the City's homeless
service/housing strategy with a focus on
families with children experiencing
homelessness
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8 Agency/Group/Organization Project Hope Alliance
Agency/Group/Organization Type Services-Children; Nonprofit What section of the Plan was addressed by
Consultation?
Youth Services
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
In Person Meetings
Email Correspondence
Quarterly Reporting
Agency helped identify the needs of school-age
children and provided input on the gaps in
services for McKinney Vento youth and their
families
9 Agency/Group/Organization Trellis
Agency/Group/Organization Type Services - Elderly Persons; At-risk of Homelessness; Nonprofit
What section of the Plan was addressed by
Consultation?
Senior Services; At-Risk Services
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
In Person Meetings
Email Correspondence
Quarterly Reporting
Agency helped identify needs and provided
input regarding the City's seniors and low-
income residents, specifically low-income
tenants
10 Agency/Group/Organization Youth Employment Services
Agency/Group/Organization Type Services-Employment; Nonprofit What section of the Plan was addressed by
Consultation?
Economic Development
Youth Services
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
In Person Meetings
Email Correspondence
Quarterly Reporting
Agency helped identify needs and provided
input regarding the City's youth, specifically
employment needs/opportunities for youth age
16 to 24
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11 Agency/Group/Organization Community SeniorServ, Inc.

Agency/Group/Organization Type Services-Elderly Persons; Nonprofit What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
In Person Meetings
Survey
Email Correspondence
Monthly & Quarterly Reporting
Agency helped identify needs and provided
input regarding the City's special needs
populations, specifically seniors and frail elderly
Table 2 – Agencies, groups, organizations who participated

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Identify any Agency Types not consulted and provide rationale for not consulting The City made an effort to have an open consultation process. No agency/service type was knowingly excluded from the process.

Any agency or organization that was not consulted and would like to be included in the City’s list of stakeholders, the agency or organization may contact the Development Services Department, Housing and Community Development Division at 714-754-5678 or at [email protected].

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Orange County 211
Provides regional and local point in time homeless survey data, development of the regional 10-Year Plan to End Homelessness, and development of the regional Discharge Plan
City of Costa Mesa
Housing Element City of Costa Mesa Provides housing priorities and program goals City of Costa Mesa Capital
Improvement Plan City of Costa Mesa Identifies priority capital improvement projects which may be CDBG-eligible 5-Yr. & 1-Yr. PHA Plan Orange County Housing
Authority
Identifies OCHA resources to address the housing needs of lower-income renter householders in the County and City
Analysis of Impediments
to Fair Housing
Orange County HUD Grantee
Cities and the County of Orange
Countywide document that identifies fair housing impediments within participating cities and outlines a plan to address fair housing issues Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
The City has a monthly NHS meeting with City staff, representatives of service providers and nonprofit organizations, faith-based organizations and formerly homeless residents to discuss the City’s need, approach and strategy for outreach and support of individuals experiencing or at-risk of homelessness. The Housing & Community Development Division works with subrecipients of CDBG and HOME funds to ensure a coordinated effort among service agencies in the City to address the needs of Costa Mesa residents, including chronically homeless individuals, at-risk families with children, seniors, veterans, unaccompanied youth, and persons who were recently homeless, but now live in permanent housing.

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To promote economic opportunities for low-income residents, the City partners with subrecipient nonprofit organizations providing career planning and job training for at-risk youth. Additionally, the City ensures that information is disseminated through appropriate channels to connect job opportunities for low-income individuals with HUD-assisted projects consistent with the objectives of Section 3 of the Housing and Community Development Act of 1968.

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting

The City of Costa Mesa’s Housing and Public Service Grants Ad Hoc Committee meets twice a year with further meetings scheduled on an as- needed basis to help 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. Every March, members of the Committee hear presentations from several nonprofit organizations to determine which will receive CDBG funds in the upcoming fiscal year. Their recommendations are then presented to the City Council. During the March meeting, nonprofit organizations provide information about the services they provide and the gaps in services that exist for Costa Mesa low-income residents and those experiencing homelessness in Costa Mesa. The Housing and Public Service Grants Committee meeting is a public meeting where citizen participation is encouraged during public comment. Members of the public have a second opportunity to participate in the planning process during the Public Hearing at City Council or by providing comment on the posted Draft Annual Action Plan during the 30-day comment period prior to the Public Hearing. Efforts made to broaden citizen participation this year included three Public Hearings held for the HOME-ARP allocation plan, which informed the goal-setting for the Annual Action Plan, a Fair Housing workshop presented in Spanish and promoted by local community leaders, and a survey on rental housing affordability in the City.

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Citizen Participation Outreach
Sort Or
der
Mode of Outr
each
Target of Outr
each
Summary of
response/attend
ance
Summary of
comments rece
ived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
1 Public
Meeting
Non-
targeted/broa
d community
Housing and
Public Services
Grant
Committee - 5
committee
members in
attendance,
discussed
priority public
service needs
(3/15/23)
11 representatives
of nonprofit
organizations
spoke in
support of
grant
applications
submitted for
CDBG funding
None NA
2 Newspaper Ad
Non-English
Speaking -
Specify other
language:

Spanish

Non-
targeted/broa
d community
30-day public
comment period
(4/2/23-5/2/23)

TBD NA NA
3 Public Hearing
Non-
targeted/broa
d community
5/2/23 Regular
City Council
Meeting

TBD NA NA
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Sort Or
der
Mode of Outr
each
Target of Outr
each
Summary of
response/attend
ance
Summary of
comments rece
ived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
4 Internet
Outreach and
flyers
distributed
Non-
targeted/broa
d community
Non-English
Speaking -
Specify other
language:

Spanish

39 surveys
received to date TBD NA
https://www.surveymonkey.com/r/
JN3QZ7B
https://www.surveymonkey.com/r/
HVS9MHR

Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City will receive an allocation of $1,010,737 in CDBG funds and $509,260 in HOME funds for FY 2023-2024. Additionally, $78,797 in prior year uncommitted CDBG funds, a possible $600,000 in re-programmed CDBG funds and $40,000 in HOME Program Income (PI) funds are available for programming. The possible $600,000 in re-programmed CDBG funds would be a reallocation of funds from the Westside Residential Street Improvements Project as listed in the FY 2022-2023 Annual Action plan due to the potential for an alternative grant funding source to be identified during the Action Plan preparation process. If re-programmed, the funds would be allocated toward Infrastructure and Facility Improvements consistent with the Consolidated Plan. Eligible improvements include:
- Public Facilities
o accessibility & facility improvements
- Park Facility Improvements
o Park improvements – various parks in CDBG eligible areas; equipment replacement, fencing, signage, trail restoration o Park expansion/development – various parks in CDBG eligible areas; master plan updates; management and restoration plans - Homeless Shelter Improvements
- Community Center Improvements
- Fire station Improvements
- Library Improvements
- Other public facilities that serve special needs populations The activity (facility improvement) will be listed in the final Annual Action Plan following the public comment period and the City Council Public Hearing. The final Annual Action Plan will be submitted to HUD. The City's application for funds is in the federal Standard Form 424 (SF-424).

Fluctuations in CDBG and HOME funding make it difficult to estimate the amount available over the five years of the Consolidated Plan.

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respond to the impacts of the Coronavirus; one-time HOME-ARP funds, Housing Authority (former redevelopment successor agency) funds, the general fund for the homeless shelter, and housing voucher/certificate resources via OCHA.

Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation: $
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and Planning
Economic
Development
Housing
Public
Improvements
Public Services
$1,010,737 0 $678,797 $1,689,303 1,000,000
Remainder estimate is
based on an annual
allocation of $1,000,000.

HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction
for ownership
TBRA
$509,260 $40,000 $549,260 500,000
Remainder estimate is
based on an annual
allocation of $500,000.

Table 5 - Expected Resources – Priority Table
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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
For the foreseeable future, the City will continue to allocate General Fund and the local Housing Authority (as the City's Successor Agency) resources for homeless services. Additionally, the City has a partnership with Newport Beach to support the ongoing operations of the Bridge Shelter that was previously vacant warehouse in 2019. Primarily CDBG funding was used for the rehabilitation of the warehouse in 2019.

The City also has a small CalHome owner-occupied housing rehabilitation loan program. CalHome-funded rehab loans are leveraged with HOME funds, which provides a source of match for the City's HOME program. If available, the City will use CalHome to fund rehab loans during FY 2023- 2024. The CDBG program does not have a match requirement.

Depending on the financing structure of a given activity, it may be advantageous for the City to use CDBG and HOME funds to leverage appropriate state, local and private resources. An example of such a project is the Motel 6 Housing Project, a conversion from a 94 guest room motel into 88 units of permanent affordable housing for veterans, senior citizens and other individuals previously experiencing homelessness.

The project includes State funding from the California Department of Housing and Community Development (HCD) Homekey Program, VASH Vouchers and LMIHAF funds from OCHA, MHSA funds from Orange County, and American Rescue Plan Act (ARPA) funds from the City in addition to City HOME funding. The City closed on financing for this 88-unit Permanent Supportive Housing Project during FY 2022-2023. This project and similar projects provide additional sources of match for the City’s HOME program.

The final Action Plan containing the final adjusted funding allocations per City Council on May 2, 2023 to projects and activities will be posted at Housing and Community Development | City of Costa Mesa (costamesaca.gov) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
Costa Mesa is considered a built-out community with little vacant land available for new development. The City has begun to recycle land to accommodate growth. The City's Housing Element identifies City-owned and State-owned properties, and considers various options for the sites.

Development opportunities are identified in the Housing Element. The most recent Housing Element covers years 2021 through 2029 and includes updates to the development opportunities to address the needs identified in the Consolidated Plan. For example, the Housing Element DRAFT
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identifies the City’s Senior Center property as a potential opportunity for redevelopment to accommodate affordable housing units including for seniors. In addition, the Housing Element identifies the State’s Fairview Developmental Center site as a potential housing opportunity site. In December 2022, an agreement between the City and the State was signed which provided $3.5 Million in State funds to the City for land use planning and zoning at the Fairview Developmental site focused on accommodating housing for households at all income levels, including permanent supportive housing.

In 2019, the City utilized over $6,000,000 in non-HUD funds to purchase a property that has been rehabilitated to provide 50 to 100 emergency shelter beds for adult men and women experiencing homelessness. The addition of these shelter beds help address priority needs identified in the City's Consolidated Plan.

Discussion
Funding resources to implement the City's 2023-2024 Annual Action Plan are limited. For FY 2023-2024, the City will receive an allocation of $1,010,737 in CDBG funds and $509,260 in HOME funds. Prior year funds for CDBG and HOME are also available. HOME housing rehabilitation loan repayments have provided the City with additional funding in the past; however, this source of revenue is susceptible to the fluctuations of the economy and is unpredictable.

The City will continue to support OCHA's efforts to secure new rental assistance resources and provide HOME funded tenant based rental assistance as long as funding is available. For the foreseeable future the City will continue to support homeless service programs serving individuals with strong ties to Costa Mesa with local funds. City, State and funds from Newport Beach will be used to operate the homeless shelter.

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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Housing
Preservation
2020 2024 Affordable
Housing
Citywide Housing
Preservation
HOME:
$337,104
CDBG:
$410,000
Homeowner Housing Rehabilitated:
11 Housing Units
Housing Code
Enforcement/Foreclosed Property
Care: 200 Housing Units
Rental unit acquisition/ rehabilitated:
1 Household Housing Unit
2 Infrastructure and
Facility
Improvements
2020 2024 Non-Housing
Community
Development
Citywide
CDBG
Eligible
Areas
Public Facilities
and
Infrastructure
CDBG:
$925,627
Public Facility or Infrastructure
Activities other than Low/Moderate
Income Housing Benefit: 5,000
Persons Assisted
3 Homeless
Continuum of
Care
2020 2024 Homeless Citywide Homeless
Services and
Housing
HOME:
$150,000
CDBG:
$15,000
Tenant Based Rental Assistance: 5
Households
Homeless service activities as Public
Services: 44 Persons Assisted
Homeless Persons Overnight Shelter:
0 Persons Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
4 Public Social
Services
2020 2024 Non-Homeless
Special Needs
Citywide Public Services CDBG:
$136,575
Public service activities other than
Low/Moderate Income Housing
Benefit including Fair Housing: 800
Persons Assisted
5 Program
Administration
2020 2024 Program
Administration
Citywide Program
Administration
CDBG:
$202,101
HOME:
$50,926
N/A

Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Housing Preservation
Goal Description To provide decent and affordable housing through a variety of activities, including owner-occupied housing rehabilitation, code enforcement, and rental housing acquisition/rehabilitation 2 Goal Name Infrastructure and Facility Improvements
Goal Description To enhance the suitability of the living environment through improvements to public infrastructures and facilities 3 Goal Name Homeless Continuum of Care
Goal Description To provide supportive services and housing assistance for the homeless and near homeless 4 Goal Name Public Social Services
Goal Description To provide services for low- and moderate-income persons and those with special needs 5 Goal Name Program Administration
Goal Description To provide administration of the CDBG and HOME programs, including fair housing services and ensuring effective and efficient delivery of programs and services and complying with all HUD program requirements

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Projects
AP-35 Projects – 91.220(d)
Introduction

Projects
# Project Name
1 CDBG Administration
2 CDBG Fair Housing
3 CDBG Housing Rehabilitation Administration
4 CDBG Public Services
5 CDBG Special Housing Code Enforcement
6 CDBG Capital Improvement Projects
7 HOME Administration
8 HOME Affordable Housing (CHDO)
9 HOME Housing Rehabilitation
10 HOME TBRA
Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City recognizes that special needs populations (i.e., seniors, disabled, and households with extremely low-income) are more likely at risk to become homeless because they have limited incomes and have other issues that require housing and supportive services; therefore, the City considers services for those already homeless a high need to merit funding. The City is allocating 100 percent of its non-administrative CDBG and HOME funds for FY 2023-2024 to projects and activities that benefit low- and moderate- income people throughout the City.

The primary obstacles to meeting the underserved needs of low- and moderate- income residents include a lack of funding from federal, state and local sources, and the high cost of housing combined with the low vacancy rate in Costa Mesa and throughout Orange County.

AP-38 Project Summary
Project Summary Information
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1 Project Name CDBG Administration
Target Area Citywide
Goals Supported Program Administration
Needs Addressed Planning and Administration
Funding CDBG: $182,101
Description CDBG Program oversight
Target Date 6/30/24
Estimate the number and
type of families that will
benefit from the
proposed activities
N/A
Location Description 77 Fair Drive, Costa Mesa, CA
Planned Activities Program oversight and coordination
2 Project Name CDBG Fair Housing
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $20,000
Description Fair housing outreach, education and enforcement services Target Date 6/30/24
Estimate the number and
type of families that will
benefit from the
proposed activities
186 individuals
Location Description Citywide
Planned Activities Community outreach, education, and enforcement of fair housing laws
3 Project Name CDBG Housing Rehabilitation Administration Target Area Citywide
Goals Supported Housing Preservation
Needs Addressed Housing Preservation
Funding CDBG: $50,000
Description CDBG funds staff costs associated with the direct delivery of owner- occupied housing rehabilitation loans and grants
Target Date 6/30/24
Estimate the number and
type of families that will
benefit from the
proposed activities
N/A – The number of households to be assisted is accounted for under the HOME program – this activity is to pay for a portion of the administrative expenses associated with the HOME-funded Housing Rehabilitation Program
Location Description Citywide
Planned Activities Staff costs associated with the delivery of housing rehabilitation loans and grants

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4 Project Name CDBG Public Services
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding $151,575

Description
Provide public services designed to affirmatively further fair housing choice and provide youth, seniors and low-income families with services such as food, case management, educational and employment activities. Provide public services for with special needs and services for seniors so elderly residents can live as independently as possible.

Target Date 6/30/24
Estimate the number and
type of families that will
benefit from the
proposed activities
800 individuals
Location Description Citywide

Planned Activities
Public Services
(City Program and Nonprofits providing public services to be listed here after Council approval in the final draft of the Annual Action Plan)
5 Project Name CDBG Special Housing Code Enforcement
Target Area CDBG Eligible Areas
Goals Supported Housing Preservation
Needs Addressed Housing Preservation
Funding CDBG: $360,000
Description Enforcement of housing and building codes and connecting residents with housing-related resources
Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
200 housing units
Location Description 77 Fair Drive, Costa Mesa, CA – City Hall

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6 Project Name CDBG Capital Improvements Project
Target Area CDBG Target Area
Goals Supported Infrastructure and facility Improvements Needs Addressed Improve public facilities and infrastructure Funding $925,627

Description
Improve public facilities and infrastructure to benefit low- and moderate- income residents or those presumed under HUD
regulations to be low- and moderate- income such as the elderly and disabled adults. This includes facilities owned and operated by the City of Costa Mesa that are open and available to residents as well as facilities owned and operated by nonprofit organizations serving the public that are open to the public during normal business hours.

Target Date 6/30/24
Estimate the number and
type of families that will
benefit from the
proposed activities
TBD
Location Description Citywide

Planned Activities
Rehabilitation of public facilities and/or infrastructure.

Project TBD in final Annual Action Plan
Eligible planned projects are listed in the 2020-2024 Consolidated Plan
7 Project Name HOME Administration
Target Area Citywide
Goals Supported Program Administration
Needs Addressed Planning and Administration
Funding HOME: $50,926
Description HOME funds for program oversight and coordination Target Date 6/30/24
Estimate the number and
type of families that will
benefit from the
proposed activities
N/A
Location Description 77 Fair Drive, Costa Mesa, CA
Planned Activities HOME Program oversight and coordination

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8 Project Name HOME Affordable Housing (CHDO)
Target Area Citywide
Goals Supported Housing Preservation
Needs Addressed Housing Preservation
Funding HOME: $76,389
Description HOME-CHDO funds reserved for eligible housing project (to be determined)
Target Date 6/30/24
Estimate the number and
type of families that will
benefit from the
proposed activities
1 housing unit – Goal entered for data input purposes only Location Description TBD
Planned Activities TBD
9 Project Name HOME Housing Rehabilitation
Target Area Citywide
Goals Supported Housing Preservation
Needs Addressed Housing Preservation
Funding HOME: $271,945
Description HOME funds for owner-occupied housing rehabilitation loans and grants.

Target Date 6/30/24
Estimate the number and
type of families that will
benefit from the
proposed activities
11 low- and moderate- income homeowners (1 loan and 10 grants) Location Description Citywide
Planned Activities Housing rehabilitation loans and grants to address deferred property improvements and building code deficiencies
10 Program Name HOME Tenant Based Rental Assistance (TBRA) Target Area Citywide
Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Services and Housing
Funding HOME: $150,000

Description
The City will use HOME funds for tenant based rental assistance to assist low-income residents with rental assistance to make renting more affordable.

Target Date 6/30/24
Estimate the number and
type of families that will
benefit from the
proposed activities
5 households
Location Description Citywide
Planned Activities HOME funds will be used to provide tenant-based rental subsidies.

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Geographic Distribution
Target Area Percentage of Funds
Citywide 68
CDBG Eligible Areas 32
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically HUD funding will primarily be allocated on a citywide basis as the City's primary intent is to serve eligible Costa Mesa households in need of housing and services regardless of where they live. As the City's CDBG-eligible areas tend to be older sections of the City, area-wide activities will help to improve and sustain these neighborhoods and encourage property owners to also invest in their properties.

Discussion
As indicated above, CDBG and HOME funds will be focused on programs that serve eligible residents regardless of where they live. It is also expected that the City's investment in neighborhoods will create a synergy whereby other property owners will also invest in their homes and community.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
During FY 2023-2024, proposed activities to be funded with CDBG and HOME funds will meet the housing needs of the following households
One Year Goals for the Number of Households to be Supported Homeless 4
Non-Homeless 11
Special-Needs 0
Total 15
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 5
The Production of New Units 0
Rehab of Existing Units 11
Acquisition of Existing Units 0
Total 16
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
The City will focus FY 2023-2024 HOME funds on the rehabilitation of existing owner-occupied housing units, TBRA and affordable housing. While not the program's primary focus, some special-needs households (seniors and disabled) may be assisted during the year via the City's Housing Rehabilitation Program.

Since 2020, the City has allocated nearly $1.8M to provide rapid rehousing and homelessness prevention services through City-wide rental assistance programs. It is anticipated that OCHA will continue to provide rental assistance to approximately 570 Costa Mesa renter households during FY 2023-2024.

In an effort to preserve and increase affordable housing opportunities for lower income households, the City solicited applications in FY 2022-2023 for funding and/or selecting developers by issuing a Request for Proposal (RFP) for the development of permanent affordable rental housing in the City using HOME Program funds. The RFP included program income and prior year uncommitted HOME program funds.

The City recently closed financing on an 88-unit Permanent Supportive Housing project and is worked with another developer to complete an 8-unit affordable housing project for households with minor children using a separate funding source.

FY 2023-2024 HOME CHDO funds are included in the Annual Action Plan for Affordable Housing projects; however, no specific project has been identified at this time.

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AP-60 Public Housing – 91.220(h)
Introduction
Costa Mesa does not own or manage public housing.

Actions planned during the next year to address the needs to public housing Not applicable.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable.

Discussion
Not applicable.

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
As outlined in the 2020-2024 Consolidated Plan, the City's homeless strategy is to support programs that prevent homelessness by providing safety net services. These programs will help households, especially extremely low-income households, maximize the amount of income they have available for housing.

Additionally, both HUD and City resources will be allocated to provide access to a continuum of services and housing to assist those experiencing homelessness and with strong ties to the community.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Costa Mesa Network for Homeless Solutions (NHS) is an eight person team of outreach workers who meet people where they are to forge genuine relationships, get people connected to services, and, ultimately, facilitate their transition into permanent housing. Partnering agencies are CityNet, PATH (Orange County North and Central Service Planning Area (SPA) contracted outreach provider, Save Our Selves (SOS), Lighthouse Church, Mercy House, Trellis, Chrysalis, Project Hope Alliance, Meals on Wheels OC, Families Forward, Serving People In Need (SPIN), and Someone Cares Soup Kitchen. The City has been and continues to use one-time CDBG-CV funds to respond to the increased outreach needs of those experiencing or at-risk of homelessness due to the impacts of the Coronavirus pandemic.

Addressing the emergency shelter and transitional housing needs of homeless persons The City owns and operates a 70-bed emergency shelter. The facility is funded in partnership with the City of Newport Beach. Mercy House, a nonprofit organization, is the Shelter Operator and Bracken’s Kitchen, a nonprofit organization, operates the full-service commercial kitchen. Shelter partners are Mercy House, Bracken’s Kitchen, Trellis, Orange County Housing Authority (OCHA), Santa Ana Housing Authority (SAHA), Anaheim Housing Authority (AHA) and Garden Grove Housing Authority (GGHA). The City utilized CDBG funds to repurpose a warehouse into the shelter facility in 2019 and CDBG public service funds have been applied to a portion of the security costs at the shelter. Since that time, the Bridge Shelter has assisted over 350 individuals with emergency shelter and associated services.

No FY 2023-2024 CDBG funding is allocated for transitional housing, however, CDBG funding is allocated for supportive services of families receiving transitional housing services through Families Forward.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that DRAFT
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individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The Network for Homeless Solutions (NHS) includes an eight-person team of Outreach Workers, a 70- bed emergency shelter, and the provision of affordable/supportive housing. Each one of these components seeks to engage with those experiencing homelessness to ensure full access to all available resources and a smooth transition into permanent housing. This constant engagement shortens one’s length of homelessness and ensures those that have secured permanent housing are able to thrive in their new environments. Since April 2019, the City of Costa Mesa has assisted 275 formerly homeless people to secure permanent housing. Additionally, the City utilizes HOME funds to provide tenant based rental assistance to low and very-low income households both experiencing and at-risk of homelessness.

The City is committed to increasing access to affordable housing units through advocacy for and development of affordable and supportive housing units. The City recently closed financing on an 88- unit Permanent Supportive Housing project and worked with another developer to complete an 8-unit affordable housing project for households with minor children. The City’s COC partners include Mercy House, Families Forward, Illumination Foundation, Jamboree Housing, Trellis, CityNet, SPIN, Orange County Office of Care Coordination, Orange County Housing and Community Development, HUD, State HCD, and Orange County Housing Finance Trust.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City's homeless strategy is based on the proposition that it is less expensive and disruptive for a household to remain housed in their existing home than to be rehoused. To this end, the City will focus its resources on agencies that provide various safety-net services to prevent households from becoming homeless. The City will support programs that provide low-cost meals, counseling, and employment/job skills development services for lower-income individuals. Safety-net services allow households to save a portion of income previously spent on food, clothes, etc. and preserve their housing. Additionally, the City implemented a pilot TBRA program in 2021 and released an RFP 2023 to remove the “pilot” status from the program and continue to provide HOME funded rental assistance and/or security deposit assistance to low-income City residents that are severely rent burdened and at-risk of homelessness.

The City has also used and continues to use (until funds are expended) CDBG-CV and ARPA funds to provide emergency rental assistance to low-income residents facing financial hardships as a result of the Coronavirus pandemic and its subsequent impact to the economy. Since 2020, the City has allocated DRAFT
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nearly $1.8M to provide rapid rehousing and homelessness prevention services through City-wide rental assistance programs.

Discussion
The City has a well-developed strategy to address homelessness in the community. This strategy includes outreach and assessment services for homeless and chronic homeless individuals. Program staff will attempt to link individuals to appropriate housing, support services, and public assistance programs (e.g., VA benefits, SSI). To undertake this effort, the City partners with local nonprofit service providers and community-based volunteers. Based on assessments, individuals or households are referred to appropriate housing/service providers. City staff will coordinate the delivery of services and housing with providers to reduce the number of homeless individuals in the community. Both HUD and City funds will be used to carry out these activities, including outreach, emergency shelter, and the provision of affordable and supportive housing.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction
A strategy to address barriers to affordable housing and actions to overcome these barriers is provided in the City's Housing Element and Consolidated Plan. The current Housing Element covers the eight-year planning cycle of 2021-2029 and provides updated strategies to address barriers to affordable housing since the completion of the consolidated planning process. The City will continue efforts to address these barriers, incorporating the updated strategies, during the 2023-2024 Program Year.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
According to the City's Housing Element, governmental agencies' actions or policies can impact the private sector's ability to provide adequate housing to meet consumer demands. Local governments exercise regulatory and approval powers that directly impact residential development within their respective jurisdiction. These powers establish the location, intensity, and type of units that may or may not be developed. The City's General Plan, zoning regulations, project review and approval procedures, development, and processing fees all play important roles in determining the cost and availability of housing opportunities in Costa Mesa.
• Ge
neral Plan and Zoning: The Costa Mesa General Plan and Zoning Ordinance establish the location and amount of land allocated to residential development and the intensity of development (in terms of unit densities and the total number of units) that will be permitted.

Densities and other development standards can affect the cost of developing housing and thus the ultimate cost.
• Local Entitlement Processing and Fees: T
wo aspects of local government that have been
criticized as placing undue burdens on building affordable housing are the fees or other exactions required of developers to obtain project approval and the time delays caused by the review and approval process. Critics contend that lengthy review periods increase financial and carrying costs and that fees and exactions increase expenses. These costs are typically passed onto the prospective homebuyer in the form of higher purchase prices or higher rents in the case of tenants.
• Proce
ssing Procedures: The time required to process a project varies tremendously from one project to another and is directly related to the size and complexity of the proposal and the number of actions or approvals needed to complete the process. • Planning and D
evelopment Fees: The developer is required to pay certain fees for only the net increase of residential units on site. Fees, land dedications, or improvements are also required in public improvements (streets, sewers, and storm drains) to support the new development. Fees are based on the significance of the necessary public works improvements, thus vary from DRAFT
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project to project. While such costs are charged to the developer, most, if not all, additional costs are passed to the ultimate product consumer in the form of higher prices or rents. Various governmental agencies also charge fees depending on the service and the location of the project • On /Off -Site Improvement Standards: Costs associated with site improvements are an important component of new residential development costs. Site improvement costs are applied to provide sanitary sewer and water service to a project, make necessary transportation improvements, and provide the infrastructure. The City may require the payment for various offsite improvements as part of project mitigation measures (e.g., payment toward an offsite traffic signal). The City's on- and off-site improvement requirements are typical for urban development in a highly developed community. While these improvements add to housing costs, they do not constrain housing development as these improvements are similarly required in all surrounding communities.

If available, subsidies may also be provided for qualified, affordable housing projects (e.g., HOME funds).

Th
ere is no local tax.

Discussion:

The City's Housing Element outlines the City's plan to address barriers to affordable housing. The Consolidated Plan mirrors the Housing Element, which provides resources and incentives to developers willing to dedicate developed units for lower-income households.

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AP-85 Other Actions – 91.220(k)
Introduction:

As outlined in the City's Consolidated Plan, the City will implement the following actions during FY 2023- 2024 to address the "Other Actions" or sub-strategies identified in the Consolidated Plan.

Actions planned to address obstacles to meeting underserved needs The City will allocate a portion of its CDBG and HOME funds for activities that address the housing and service needs of the elderly and lower-income households. Additionally, the City will encourage and support OCHA's efforts to obtain additional rental assistance funding, especially for senior and low- income households. OCHA reports that as of January 2023, 392 Costa Mesa households received rental housing assistance. (This total includes disabled households, elderly households, and families, among these populations are 11 homeless and 24 Veterans households). The City's housing rehabilitation program will also assist elderly homeowners in improving their residences to address specific household needs.

Actions planned to foster and maintain affordable housing The City of Costa Mesa has identified the actions it will undertake during FY 2023-2024 to foster and maintain affordable housing. The Annual Action Plan identified programs such as Owner-Occupied Housing Rehabilitation assistance as the means to maintain and improve housing currently available to low- and moderate-income residents. By providing deferred payment loans and grants, lower-income households can rehabilitation their residence to meet basic housing quality standards and incur zero or minimal additional housing costs. An estimated 11 housing units will be assisted with HOME funds during FY 2023-2024. Additionally, the City has allocated HOME CHDO funds to accommodate a potential housing project. The City recently closed financing on an 88-unit Permanent Supportive Housing project and worked with another developer to complete an 8-unit affordable housing project for households with minor children.

Actions planned to reduce lead-based paint hazards
Based on past housing rehabilitation program statistics, only a small percentage of housing units rehabilitated with City resources contain lead-paint hazards. To ensure compliance with all current HUD lead-based paint regulations, all housing units constructed before 1978, which are rehabilitated with City resources, will be tested for lead-paint hazards. If needed, additional grant funds may be allocated to a project to ensure all lead-based hazards are mitigated.

Actions planned to reduce the number of poverty-level families The City will assist programs and services that combat poverty. During FY 2023-2024, the City will fund DRAFT
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the following activities to support the implementation of this strategy:
• Implement housing programs (including housing rehabilitation assistance) for lower-income senior and disabled homeowners
• Support rental assistance programs provided by the OCHA for very low-income renters and provide tenant based rental assistance to residents who are severely housing burdened • Support services for individuals presently housed but at risk of losing their residence. Also, assist those already homeless in need of shelter and continue coordinating services with nonprofit partners
• Support safety-net public services programs to improve the quality of life for seniors, youth, disabled, homeless, and other populations that may be severely impacted by the cost of living in the region
Actions planned to develop institutional structure
The City has made an effort to establish an institutional structure to help identify and access resources to improve the community. For example, the City will continue to work with nonprofit entities to deliver public services. As a member of the Orange County Continuum of Care Community Forum, the City will provide critical information to the County of Orange to prepare the County's Continuum of Care Homeless Assistance grant application to HUD. Costa Mesa will also continue to fund activities that help address gaps and needs in the regional system of care. Finally, the City will continue to assist the Orange County Housing Authority in implementing its Five-year PHA plan.

Actions planned to enhance coordination between public and private housing and social service agencies
The City of Costa Mesa does not operate public housing. The Orange County Housing Authority provides rental assistance in the community. Federal legislation requires that the Housing Authority prepare a five-year and a one-year plan that highlights its mission, goals and objectives related to public and assisted housing programs. The City will review the Authority's plans and provide OCHA the opportunity to review and consult with the City regarding its Consolidated Plan/Annual Action Plan. The goal of this cross-consultation is to provide consistent and coordinated housing services for City residents. Ongoing consultation with local nonprofits also assists the City in coordinating the efficient and effective use of limited federal resources.

Discussion:

HUD-funded grant recipients are required under various laws not to discriminate in housing or services directly or indirectly based on race, color, religion, sex, national origin, age, familial status or disability.

Grant recipients such as Costa Mesa are required to: (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choices for all persons; (3) provide DRAFT
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opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, national origin, and other personal or familial attributes; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the non-discrimination requirements of the Fair Housing Act. HUD encourages jurisdictions to consult with one another and initiate region-wide fair housing planning. The Analysis of Impediments (AI) to Fair Housing Choice is the primary document utilized for this purpose. In addition to identifying impediments, a strategy to overcome barriers much be developed and implemented - accomplishments are reported annually. The City participated in developing a county-wide AI, which the City Council adopted in May 2020. A summary of impediments to fair housing and the action steps the City will take during FY 2023-2024 are found in Attachment 4.

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan
0 3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 0 5. The amount of income from float-funded activities 0 Total Program Income 0

Other CDBG Requirements

1. The amount of urgent need activities 0

HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

The City is not proposing to utilize HOME funds in a form that is not delineated in Section 92.205.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

The City has not and does not plan to utilize HOME funds for homebuyer assistance; however, if funds are redirected to such a program, steps will be taken to ensure program guidelines comply with the applicable resale and recapture regulations.

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3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

If a CHDO project comes to fruition, the applicable loan agreement(s) will be prepared to comply with the resale/recapture requirements delineated in 24 CFR 92.254.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

If a CHDO project comes to fruition, program staff will ensure that all applicable program policies are followed, including establishing refinancing guidelines.

Discussion
The City will meet the CDBG Program's overall 70% benefit for low- and moderate-income requirement over three program years: 2023-2024, 2024-2025, and 2025-2026.

With respect to HOME affordable homeownership limits for the area (i.e., 95 percent of the median area purchase price as set forth in 24 CFR 92.254(a)(2)(iii), the City will utilize HUD’s HOME affordable homeownership limits for its HOME-funded mobile home rehabilitation program. For single-family, owner-occupied housing rehabilitation, the City conducted a survey in order to establish a maximum property value that is reflective of the local market median home purchase prices, which exceed HUD’s published limit. This information will be provided as Attachment 5 in the final Annual Action Plan.

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ATTACHMENT 1
Grantee Name: City of Costa Mesa
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2021 Housing Units 11 6 54.55%
50 13 26.00%
2021 Housing Units 1 0 0.00%
5 0 0.00%
2021 Housing Units 0 0 0.0%
0 0 0.00%
2021 Housing Units 200 135 67.50%
1,250 368 29.44%
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2021 Individuals 185 309 167.03%
2,500 889 35.56%
2021 Individuals 325 516 158.77%
1,250 752 60.16%
2021 Individuals 173 205 118.50%
750 378 50.40%
2021 Individuals A 0 0 0.0%
7,500 0 0.00%
2021 Individuals C 500 0 0.00%
2,500 0 0.00%
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2021 Individuals *
300 474 158.00%

NA NA NA
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2021 Individuals 282 389 137.94%
150 389 259.33%
2021 Individuals 196 264 0.00%
250 264 105.60%
2021 Individuals 30 23 76.67%
100 23 23.00%
Source of
Funds Year Performance
Indicators
Expected
Number
Actual
Number
Percent
Completed
2021 Year of Admin 1 1 100.00%
5 2 40.00%
* Accomplishments also reported separately as Youth accomplishments.

Rental Housing Acquisition/Rehabilitation to expand and/or improve the number of rental housing units for lower income renter households HOME 5-Yr Con Plan Goal
Rental Housing New Construction to expand the number of rental housing units for lower income renter households HOME
5-Yr Con Plan Goal
No 5-year goals for CDBG-funded Economic Opportunity were established in the Consolidated Plan; however, CDBG funds have been allocated for public service programs that expanded economic opportunities for low-income youth and disabled adults (i.e., Youth Employment Services)
Financial assistance to prevent homelessness such as a short-term financial subsidy to prevent eviction and/or utility termination, and for the provision of provide support services
CDBG
NA
Objective
Economic Opportunity
5-Yr Con Plan Goal
Special Code Enforcement activity to inspect and enforce housing and building codes for residential properties located in the City's CDBG- eligible areas
CDBG
5-Yr Con Plan Goal
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
CDBG
CDBG
Improvements to public facilities that address a community priority including but not limited to repairs, replacement and/or upgrades (including ADA compliance) to neighborhood parks, centers and other public facilities
Improvements to public infrastructure that address a community priority including but not limited to repairs, replacement and/or upgrades (including ADA compliance) to streets, alleys, sidewalks, flood/storm water drains, and other public improvements
Five-Year and One-Year Summary of Accomplishments
Decent Housing
HOME
5-Yr Con Plan Goal
Owner Occupied Housing Rehabilitation Loans and Grants to assist homeowners improve primary residence to correct code violations, address deferred property improvements and improve neighborhood aesthetics
Objective
CDBG
5-Yr Con Plan Goal
Other (O-1)
Objective
CDBG
5-Yr Con Plan Goal
Short-term emergency shelter and support services (up to 3 months) for individuals that are in immediate need of shelter and services Rapid Rehousing and case management services to stabilize homeless households in permanent housing (may encompass TBRA is a low priority)
CDBG program oversight, coordination and administration CDBG
Suitable Living Environment
Objective
5-Yr Con Plan Goal
Services will help seniors and the frail elderly maintain their independent living situation or ensure they are provided services that improve quality of life
Services to assist lower income families with children by providing access to youth programs and services at reduced or no cost.

Services that assist low and moderate-income households and individuals with safety net services such as access to medical, food, case management, and employment services. Supported agencies should provide households with access to programs and services at reduced or no cost - including fair housing services
5-Yr Con Plan Goal
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
Continuum of Care
Objective

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Attachment 2

SUMMARY OF PUBLIC COMMENTS

March 15, 2023 Housing & Public Service grant Committee The H&PSG Committee held an in-person meeting to obtain additional public comments regarding CDBG public service grants, and to develop funding recommendations. No written comments were received.

30—Day Public Comment Period
TBD

May 2, 2023 Public Hearing
TBD
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ATTACHMENT 3
340

ORANGE COUNTY ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE August 6, 2020

REGIONAL PROPOSED AI GOALS AND STRATEGIES
To address the contributing factors described above, the AI plan proposes the following goals and actions:

Regional Goals and Strategies”
Goal 1: Increase the supply of affordable housing in high opportunity areas.1 Strategies:

1. Explore the creation of a new countywide source of affordable housing.

2. Using best practices from other jurisdictions, explore policies and programs that increase the supply affordable housing, such as linkage fees, housing bonds, inclusionary housing, public land set-aside, community land trusts, transit-oriented development, and expedited permitting and review.

3. Explore providing low-interest loans to single-family homeowners and grants to homeowners with household incomes of up to 80% of the Area Median Income to develop accessory dwelling units with affordability restriction on their property.

4. Review existing zoning policies and explore zoning changes to facilitate the development of affordable housing.

5. Align zoning codes to conform to recent California affordable housing legislation.

Goal 2: Prevent displacement of low- and moderate-income residents with protected characteristics, including Hispanic residents, Vietnamese residents, other seniors, and people with disabilities.

Strategies:

1. Explore piloting a Right to Counsel Program to ensure legal representation for tenants in landlord-tenant proceedings, including those involving the application of new laws like A.B. 1482.

Goal 3: Increase community integration for persons with disabilities.

Strategies:

1. Conduct targeted outreach and provide tenant application assistance and support to persons with disabilities, including individuals transitioning from institutional settings and individuals who are at risk of institutionalization. As part of that assistance, maintain a database of housing that is accessible to persons with disabilities.

2. Consider adopting the accessibility standards adopted by the City of Los Angeles, which require at least 15 percent of all new units in city-supported Low-Income Housing Tax Credit (LIHTC) projects to be ADA- accessible with at least 4 percent of total units to be accessible for persons with hearing and/or vision disabilities.
1 The term “high opportunity areas” generally means locations where there are economic and social factors and amenities that provide a positive impact on a person’s life outcome. This is described in more detail in Section iii, Disparities in Ac cess to Opportunity.

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ATTACHMENT 4
341
Goal 4: Ensure equal access to housing for persons with protected characteristics, who are disproportionately likely to be lower-income and to experience homelessness.

Strategies:

1. Reduce barriers to accessing rental housing by exploring eliminating application fees for voucher holders and encouraging landlords to follow HUD’s guidance on the use of criminal backgrounds in screening tenants.

2. Consider incorporating a fair housing equity analysis into the review of significant rezoning proposals and specific plans.

Goal 5: Expand access to opportunity for protected classes.

Strategies:

1. Explore the voluntary adoption of Small Area Fair Market Rents or exception payment standards in order to increase access to higher opportunity areas for Housing Choice Voucher holders.

2. Continue implementing a mobility counseling program that informs Housing Choice Voucher holders about their residential options in higher opportunity areas and provides holistic supports to voucher holders seeking to move to higher opportunity areas.

3. Study and make recommendations to improve and expand Orange County’s public transportation to ensure that members of protected classes can access jobs in employment centers in Anaheim, Santa Ana, and Irvine.

4. Increase support for fair housing enforcement, education, and outreach.

CITY OF COSTA MESA PROPOSED AI GOALS AND STRATEGIES

1. In collaboration with the Orange County Housing Authority (OCHA):
a. Attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
b. Support OCHA's affirmative fair marketing plan and de-concentration policies by providing five-year and annual PHA plan certifications.
c. In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income.

2. Through the City's fair housing contractor:
a. Provide fair housing education and information to apartment managers and homeowner associations on why denial of reasonable modifications/accommodations is unlawful. b. Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property management companies. Methods of outreach may include workshops, informational booths, presentations to community groups, and distribution of multi-lingual fair housing literature.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1186 Meeting Date: 5/2/2023
TITLE:

AWARD OF STREET SWEEPING SERVICES
DEPARTMENT: PUBLIC WORKS DEPARTMENT/MAINTENANCE SERVICES

DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: ROBERT RYAN, MAINTENANCE SERVICES MANAGER, (714) 327-7499
RECOMMENDATION:

Staff recommends the City Council:

1. Award a Maintenance Services Agreement (MSA) for citywide street sweeping services to Sweeping Corp of America (SCA) for an initial two-year period with three one-year renewal periods for a not to exceed annual amount of $1,467,791.

2. Authorize a ten percent (10%) contingency annually for emergency response, special events and other unforeseen costs and approval for Consumer Price Index (CPI) escalation and de- escalation.

3. Authorize the City Manager and City Clerk to execute the agreement and future amendments to this agreement within Council authorized limits.

BACKGROUND:

The City of Costa Mesa is responsible for the maintenance and regular sweeping of 977 streets, which includes over 850 miles of curb and gutter. On February 6, 2015, the City entered into a five (5) year agreement with three (3) additional one-year renewal periods with CleanStreet to provide weekly street sweeping services citywide. As this term ended in February 2023, a four-month extension of the contract to June 30, 2023, was executed.

In October of 2021, the State of California Department of Industrial Relations (DIR) as a part of Public Works Case No. 2020-005, determined that street sweeping maintenance services for the City of Elk Grove constitute a public work and therefore are subject to prevailing wage requirements.

The Costa Mesa City Attorney’sOffice reviewed the ruling by the DIR regarding the City of Elk Grove and determined that street sweeping services in Costa Mesa would be subject to prevailing wage as

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File #: 23-1186 Meeting Date: 5/2/2023
well, and would be required in the new contract.

ANALYSIS:

On November 8, 2022, the Purchasing Division advertised a Request for Proposal (RFP) No. 23-06 for Street Sweeping Services as required by the City of Cost Mesa Municipal Code. The RFP was posted on the Planet Bids website.

Sweeping Corp of America (SCA) and Guardian Street Sweeping submitted proposals in response to the RFP. While Guardian Street Sweeping submitted the required forms and a cost proposal, they did not provide documentation establishing they met all minimum requirements. Therefore, Guardian Street Sweeping’s proposal is considered non-responsive.

SCA met all the minimum requirements and submitted the appropriate forms. The company, doing business as CleanStreet, has been providing street sweeping services to the City for the last seven (7) years and the Maintenance Services Division has been satisfied with their quality of service.

The new contract for street sweeping has an annual price of approximately, $1.47 million, almost twice the previous annual contract amount. Staff is currently analyzing options for street sweeping services, including insourcing. This will require additional staff as well as procurement of street sweeping equipment. A detailed analysis of various options will be presented at a future City Council meeting. Meanwhile, staff recommends awarding of the MSA for street sweeping services to Sweeping Corporation of America.

ALTERNATIVES:

The City could re-advertise the Request for Proposal. However, staff believes that re-advertising would not result in locating a higher-rated company with more competitive pricing than received in the initial process. Additionally, the City would be without critical street sweeping services until the new process and contract award are completed. The lapse in sweeping would be unsightly, lead to more debris being passed into the City’sstorm drain system, and ultimately the local beaches and ocean; and could lead to potential health and safety issues.

FISCAL REVIEW:

The funding for this contract will be included in the Fiscal Year 2023-24 Public Works Department operation budget.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this report, prepared the Maintenance Services Agreement, and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

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

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CONCLUSION:

Staff recommends that City Council:

1. Award a Maintenance Services Agreement (MSA) for citywide street sweeping services to Sweeping Corp of America (SCA), for an initial two-year period with three one-year renewal periods for a not to exceed annual amount of $1,467,791. (Attachment 1).

2. Authorize a ten percent (10%) contingency annually for emergency response, special events and other unforeseen costs and approval for Consumer Price Index (CPI) escalation and de- escalation.

3. Authorize the City Manager and City Clerk to execute the agreement and future amendments to this agreement within Council authorized limits.

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1 SCA of CA, LLC
Form Rev. 12-5-22

CITY OF COSTA MESA

MAINTENANCE SERVICES AGREEMENT
WITH

SCA OF CA, LLC
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 2nd day of May, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and SCA OF CA, a Delaware Limited Liability Company (“Contractor”).

W I T N E S S E T H :

A. City proposes to utilize the services of Contractor as an independent contractor to provide street sweeping maintenance services of City property, as more fully described herein; and
B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the services and desire to set forth their rights, duties and liabilities in connection with the performance of such services; and D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

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

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the services described in the City’s Request for Proposal (“RFP”), attached hereto as Exhibit “A,” and Contractor’s response to City’s RFP (the “Proposal”) attached hereto as Exhibit “B,” both incorporated herein (the “Services”).

1.2. Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage ATTACHMENT 1
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2 SCA of CA, LLC
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rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to 2 347
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the complete satisfaction of City. Evaluations of the work will be done by City’s Maintenance Services Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Compliance with Applicable Law. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable federal and state employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other applicable federal, state and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.

1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors for services similar to the Services in this Agreement or may have its own employees perform services similar to those Services contemplated by this Agreement.

1.7. Delegation and Assignment. Contractor may not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City.

Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Appendix B of Exhibit B. Contractor’s total compensation per annum shall not exceed One Million Four Hundred Sixty Seven Thousand Seven Hundred and Ninety Dollars and Forty Cents ($ 1,467,790.40). In the event the parties extend the term of this Agremeen, Contractor may, request an increase its fees on an annual basis commencing on July 1, 2025, using the Consumer Price Index for All Items, Not Seasonaly Adjusted for the Los Angeles-Riverside-Orange County area (CPI), subject to the written notice requirement in Appendix B of Exhibit B. Any increase to 3 348
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Contractor’s fees shall be effective on July 1st.

2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this Agreement as provided herein. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the Services performed, the date of performance, and the associated time for completion.

2.4. Records and Audits. Records of Contractor’s Services shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times throughout the term of this Agreement through three (3) years after its termination.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The Services shall be performed in strict compliance with Exhibits A and B. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, pandemics (excluding COVID-19) or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on July 1, 2023 and continue for a period of two years, ending on June 30, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended up to a maximum of three additional one year periods upon mutual written agreement of both parties.

4.2. Notice of Termination. City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.

In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
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5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.

Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.” (b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “Contractor’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”
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(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
(e) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-limiting. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provisions contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.

Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications 6 351
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concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONTRACTOR: IF TO CITY:

SCA of CA, LLC
1937 W 169th Street
Gardena, CA 90247
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 771-1613 Tel: (714) 327-7499
Attn: Rick Anderson Attn:Robert Ryan
Courtesy copy to:

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

6.5. Drug-free Workplace Policy. Contractor shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “D” and incorporated herein by reference. Contractor’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
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6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors 8 353
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providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

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

6.18. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.19. Headings. Headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.20. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, 9 354
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this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

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

6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

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

6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signature page follows.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
[Name and Title]
__________________________________ Date: __________________________ Signature
__________________________________
[Name and Title]

CITY OF COSTA MESA
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
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APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Robert Ryan
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
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EXHIBIT A

REQUEST FOR PROPOSALS
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EXHIBIT B
CONTRACTOR’S PROPOSAL
84 429
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86 431
MEMO

1-888-SWEEPING sweepingcorp.com

COMPANY INFORMATION

Business Name: SCA of CA, LLC
Physical/Mailing/Remit to Address: 16251 Construction Cir W, Irvine, CA 92606 Federal I.D. Number: 86-1931812
Business Type: LLC filing as C-corp
Telephone: (800)225-7316

Directors:

Matthew Spenser CEO
Erin Quinn Vice President and General Counsel
Tony Cincotta Regional Vice President

ADDITIONAL INFORMATION

How many years has Bidder’s organization been in business as a Contractor? 49 years

Under what other or former names has Bidder’s organization operated? CleanStreet, Inc. conversion to CleanStreet, LLC filed January 25, 2021

Has Bidder ever failed to complete any work awarded to it? No

PROJECT PERSONNEL

David V. Padilla Jr., Regional Manager - California
Telephone: (310)436-6510 Email: [email protected]

Jose Brito, Site Manager
Telephone: (310)538-6986 Email: [email protected]

Alex Farias, Operations Manager
Telephone: (310)538-6903 Email: [email protected]

Cynthia Cruz, Billing Specialist
Telephone: (310)436-6512 Email: [email protected]

87 432
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EXHIBIT C
CITY COUNCIL POLICY 100-5
109
454

BACKGROUND
Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE
It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE
1 of 3
110
455

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE
2 of 3
b. Establishing a Drug-Free Awareness Program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

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

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

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

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 111
456

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:
a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above;
b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub-grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1190 Meeting Date: 5/2/2023
TITLE:

CONSIDERATION OF MODEL FLYING ACTIVITY AT FAIRVIEW PARK DEPARTMENT: PARKS & COMMUNITY SERVICES
PRESENTED BY: JASON MINTER

PARKS AND COMMUNITY SERVICES DIRECTOR
CONTACT INFORMATION: JASON MINTER
PARKS AND COMMUNITY SERVICES DIRECTOR (714) 754-5065
RECOMMENDATION:

Staff recommends that an environmental compatibility and biological resource assessment be completed by MIG Consulting LLC, as envisioned by the Fairview Park Master Plan Update, including the existing flying field location and/or other potential locations at Fairview Park, and that the temporary suspension of flying field activity be continued until such assessment is completed, due to current biological activity at the site.

BACKGROUND:

Since 2019, the City Council, staff, the Fairview Park Steering Committee (FVPSC), and the public have engaged in an extensive effort to evaluate the operation of model aircraft activities at Fairview Park. This review included over twenty dedicated public meeting discussions throughout a combination of City Council meetings, PACS Commission meetings, Fairview Park Steering Committee meetings, and a series of dedicated outreach meetings to specifically consider issues and concerns related to model aircraft operations at the park.

In September 2021, the model aircraft activity was brought before City Council to consider potential alternatives for the activity. The result of this discussion included City Council direction to evaluate the flying activity during the Master Plan update, consider other sites, and permit only gliders going forward. In addition, the City Council direction discussed the need to update the applicable flying policies and documents, prevent impacts to protected habitats and resources, provide mitigation measures for the protected areas, and account for environmental concerns during the policy update process.

On March 21, 2023, staff brought this item back to the City Council for further consideration due to additional concerns related to environmental compatibility issues and continued requests from the Harbor Soaring Society to reinstate its flying field operations with gliders only. At the March 21, 2023, public meeting, the City Council voted to continue the discussion to a future City Council meeting to provide more time to consider all options.

Given the complexity of the issues under consideration, staff recommends a formal environmental

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File #: 23-1190 Meeting Date: 5/2/2023
Given the complexity of the issues under consideration, staff recommends a formal environmental assessment be conducted by MIG Consultants, LLC, and any other experts, as needed, as part of the Fairview Park Master Plan, to identify all viable options for preserving protected habitats and species while resuming flying field operations, if possible.

ANALYSIS:

The Harbor Soaring Society has been flying at Fairview Park for more than 5 decades, and for over 20 years at the current flying field location. This recreational activity has been a favorite for some park users, including those that just like to watch the planes fly. Over the years the nature of the flying activity has changed, evolving from gliders over the bluffs to the graded flying field that exists today. These changes, along with the identification of protected species, including both flora and fauna, have forced the compatibility conversation in terms of whether or not the activity of flying is compatible with the sensitive habitat in which the field occupies.

Another major change that took place was the closure of the flying field due to the COVID-19 pandemic. As the flying field was closed, along with all City parks for health and safety reasons, it provided an unexpected opportunity for natural habitat to return to the area. As recently as March 2023, there have been sightings of the Burrowing Owl, a federally listed endangered species at multiple sites throughout the park. While Burrowing Owls have been seen at Fairview Park over the years, their presence was mostly limited to the east side of the park and not close to or adjacent to the existing flying field. This is one example of a change in the habitat that has occurred since the U.S. Department of Fish and Wildlife made recommendations in 2019 regarding modifications to flying field operations that could be made to help preserve sensitive habitats at the time. With the return of the Burrowing Owl and other plants and species to areas west of Placentia Ave. during the pandemic, it is unclear whether those earlier recommendations would still suffice.

Since late 2021, staff has worked with the Harbor Soaring Society (HSS), community interest groups, stakeholders, and the Fairview Park Steering Committee (FVPSC) in an effort to fulfill the direction to evaluate flying activity as part of the Master Plan update, consider other sites, and account for modifications to the model flying documents and policies to allow only gliders. In January 2023, the Professional Services Agreement was awarded to the selected consultant (MIG) to lead the Master Plan update.

The Master Plan update will include a comprehensive analysis of Fairview Park featuring the following components:
· Historical summary/review of existing documentation
· Community outreach
· Resource assessment and analysis of existing conditions · Environmental compliance
Staff are now two months into the Master Plan update process that started in February with a kick off meeting. MIG has a team of biologists, ecologists, archaeologists, regulatory specialists, and engineers, that will be performing intensive studies of Fairview Park, including a CEQA analysis that is required for completion of the Master Plan Update.

Included in this report are recommendations from regulatory agencies as to the compatibility of model

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File #: 23-1190 Meeting Date: 5/2/2023
Included in this report are recommendations from regulatory agencies as to the compatibility of model aircraft flying and the sensitive habitat at Fairview Park. Specifically of note, the U.S. Fish and Wildlife Service in 2019 provided guidance to City staff that model aircraft activities (including gliders) should avoid flying over and landing in sensitive resource areas (Attachment 1). Importantly, nearly all of the Fairview Park mesa west of Placentia Ave. has been designated as biologically sensitive since the Master Plan was adopted (FVPMP 1998; Attachment 2), which highlights the asserted incompatibility with the previous HSS flight operational area that overlaps the mesa, bluffs, vernal pools, coastal sage scrub, and other biologically sensitive areas. The California Department of Fish and Wildlife has also expressed support for full flying field closure in March 2023, due to the breadth of significant biological resources which are adversely impacted by model aircraft activity (Attachment 3).

Should the Council support the staff recommendation for an environmental compatibility and biological resource assessment to be completed by MIG, including the existing flying field location and/or other potential locations at Fairview Park, and that the temporary suspension of flying field activity be continued until such assessment is completed due to current biological activity at the site, Staff will continue coordinating with HSS to evaluate potential mitigation measures or alternative options for glider flying activity at other sites. In addition, staff will continue to explore further collaboration with HSS on reserving City facilities to host youth STEM activities related to aviation, to promote cross-branding between Fairview Park STEM activities and Harbor Soaring Society’s aviation and STEM activities, and to collaborate with other flying fields to find partnership opportunities for Costa Mesa residents.

Fairview Park Steering Committee Recommendation
On April 13, 2023, at their regularly scheduled meeting, the Fairview Park Steering Committee developed a recommendation for the City Council, which summarized their concerns regarding model aircraft activity at Fairview Park. The following recommendation was approved by the Committee:
“Fairview Park is a unique and valuable natural resource. Based on the three-year history of evaluation and decisions made by staff and this committee, this committee supports the staff recommendation to City Council on March 21, 2023 that “recommends that City Council permanently close the Fairview Park model aircraft flying field and terminate the model aircraft individual flyer permit system due to outstanding environmental constraints, safety issues, and infeasibility with required resource protection measures at the site.” The Fairview Park Steering Committee is in support of restoration goals and opportunities for science and education.” The Committee approved the recommendation 6-1, with the action included in the unofficial excerpt of minutes from the meeting (Attachment 4).

ALTERNATIVES:

The City Council could choose to reinstate the flying field to gliders in the current location west of Placentia Avenue. This option is not recommended by staff due to the aforementioned concerns related to biologically sensitive habitats, and endangered species impacts. If the flying field were to be reopened in the existing location, operations would need to be limited to specific flying dates, with biological monitoring and other measures in place to mitigate impacts to the environment.

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File #: 23-1190 Meeting Date: 5/2/2023
biological monitoring and other measures in place to mitigate impacts to the environment.

Resumption of flying activities on the west side would also be contingent upon having City issued flying permits for all operators. Staff recommends that the permit be issued to the Harbor Soaring Society as the umbrella organization for fly field activity, much like the permit issued to the Orange County Model Engineers (OCME) for train related activities at the park.

FISCAL REVIEW:

The fiscal impacts of these actions will vary based on the direction given by City Council. Nesting surveys typically cost $700 to $2,000 based on the scope of the survey. Park Rangers are currently scheduled for weekend patrols, however any dedicated assignments would alter coverage at other parks.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Strengthen the Public’s Safety and Improve the Quality of Life · Advance Environmental Sustainability and Climate Resiliency CONCLUSION:

Due to the current biological conditions at the existing flying field location, staff recommends that a formal environmental compatibility and biological resource update assessment be completed in order to determine the compatibility of any flying activity at the existing or other potential locations at Fairview Park. This analysis would determine what the appropriate measures would be to allow proper protection of the natural resources should flying resume.

Therefore, staff recommends that an environmental compatibility and biological resource assessment be completed by MIG Consulting LLC, as envisioned by the Fairview Park Master Plan Update, of the existing flying field location West of Placentia Ave, and/or other potential locations at Fairview Park, and that the temporary suspension of flying field activity be continued until such assessment is completed, due to current biological activity at the site.

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From: Medak, Christine [mailto:[email protected]] Sent: Wednesday, June 26, 2019 4:13 PM
To: Ian Hendricks <[email protected]>
Cc: D'AGOSTA, CYNTHIA <[email protected]>; [email protected]; Jonathan Snyder <[email protected]>
Subject: Re: [EXTERNAL] Fairview Park and Harbor Soaring Society Agreement Hi Kim,
Unfortunately by the time I received the information from the City about the permit (one week before the meeting). I had too many other projects on my plate to be able to complete a detailed review of the ordinances for the USFWS; however, I did talk directly to Cynthia D'Agosta and Scott Thomas (Sea and Sage Audubon) before the meeting and shared the following concerns/recommendations verbally with them:
1) Because the City is issuing permits to allow the operation of model planes within the park they will also be responsible should take of Federally listed species occur in association with these activities. For example, if the planes cause disturbance to nesting gnatcatchers in a manner that results in abandonment of an active nest then we would consider this a potential violation of Section 9 of the Endangered Species Act that can be referred to our Law Enforcement Division.

It was my understanding that the permits would explicitly limit planes from flying over the canyon area where the gnatcatcher was most recently found nesting, but I do not see this stated in the permit. It is not clear how the permit holders will know which resources they need to avoid because only a portion of the park is shown on the figure that I was provided by the City and it does not properly show the hydrological connnection between vernal pools 1 and 4. 2) We recommended that the City provide sufficient policing to ensure the permit conditions are followed. We also recommended that the permit holders clearly display the permits (i.e., like a fishing license) so that the City can ensure only permitted individuals, that are aware of the locations of sensitive resources, are allowed to fly model planes in the park. 3) Although we do not know the exact limit of noise that can be tolerated by various bird species, we do know that loud noises cause disturbance to birds. We recommended that the City discuss with the Harbor Soaring Society the best method for determining which planes should be limited up front (e.g., limit planes to those that emit less than x decibels). It is our understanding that the City plans to conduct a study of the behavior of birds in response to various types of planes and we asked for an opportunity to review the proposed stud y. We remain concerned that it will be difficult to evaluate the disturbances and determine which planes are appropriate on a quantitative basis, unless a study is also conducted of the behavior of birds when no planes are flying.

ATTACHMENT 1
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4) We pointed out that while the ordinance is silent on the presence of sensitive resources in the park. We recommended that the ordinance acknowledge the presence of sensitive resources and clarify the need to avoid flying over or landing in sensitive resource areas (e.g., vernal pools, coastal sage scrub, wetlands/riparian vegetation).
5) We recommended that the specific area allowed for launching planes is designated on a map and that disturbance is limited to the minimum area necessary to launch the permitted planes.

This area should not be within wetland habitat (i.e., both because it is difficult to use a launch pad full of water and because of the impacts to aquatic resources) and should provide the maximum buffer possible from the basin of Vernal Pool 1. I am not familiar with the amount of area that is needed so I cannot speak to a particular size. Please see the attached figure for the previous area that we approved to be cleared by the Harbor Soaring Society. 6) In the past we have discussed with both the Harbor Soaring Society and the City that it is important to stay out of the vernal pools when they are wet due to the potential for trampling listed species and the alteration of hydrology that occurs when walking on wet ground (see attached email correspondence). For this reason, we specifically requested that the Soaring Society not have access to the winch (which is located within vernal pool 1) during the wet season. We discussed fencing this area off and only allowing access during the dry period of the year. I do not see any mention of this in the permit language.

While impacts to biological resources continue as a result of both authorized and unauthorized activities within Fairview Park, we would be hesitant to go down the path of developing a Habitat Conservation Plan and providing an incidental take permit to the City, as suggested by Sea and Sage. The City has accepted mitigation and grant funding to restore habitats in the park for the benefit of Federally Listed Species. Mitigation was provided in the park to offset impacts to resources that occurred somewhere else. It would not be appropriate to then permit uses that are expected to degrade those mitigation sites within the park.

We agree that the actions of the City do not align with the Master Plan; however, our plan is to continue to coordinate with the City to improve the condition of park resources. It is our understanding that vernal pools 5 and 6 will be restored this year. We are hopeful that the public perception of the park will change as conditions of resources improve and as the public is educated about the rarity of the resources in the park (e.g., through educational signs and nature tours).

Please feel free to call if you have any questions regarding this message.

Christine L. Medak
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
2177 Salk Avenue, Suite 250
Carlsbad, CA 92008
Phone: (760) 431-9440 ext. 298
Fax: (760) 431-9624
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http://www.fws.gov/carlsbad/
Follow us on Facebook at http://facebook.com/USFWSPacificSouthwest Follow us on Twitter at http://twitter.com/USFWSPacSWest "I'd like to offer a plug for actually having the natural processes instead of having to simulate them."
— Nadav Nur, PRBO Conservation Science
On Wed, Jun 26, 2019 at 12:01 PM Ian Hendricks <[email protected]> wrote:

Hi Christine,
Big disappointment for me last night regarding the Harbor Soaring Society agreement being passed by city council. I kind of expected it based on the city's usual actions in Fairview Park.

One thing that came up last night was that USFW had not given any official response regarding the agreement. A city council member asked the Fairview Park Administrator if USFW had given an official response regarding the agreement and the answer was, "No". Is this true? If so, why not?
Have you seen that the runway was graded next to a vernal pool (250 feet according to city measurements last night). It has been graded multiple times since 2005. I sent you the pictures but can send them again if you'd like.

Also, did you know that the runway isn't even supposed to be where it currently is? The Fairview Park Master Plan (FPMP) indicates the Silent Glider Land/Launch site to be next to the bathrooms near the lawn. It isn't. Doesn't the FPMP still hold some meaning for USFW? It doesn't seem to have that much importance with the city, in fact, they completely ignored the location being wrong last night. I did bring it up. The FP Administrator said she had been talking with USFW but nothing official - she didn't say that it wasn't even liked by USFW. Is it okay to keep flying, taking off and landing next to the vernal pools. Also, next to vernal pool 7 more space has been graded as well as a result of where they took out the wrongly placed cement posts from last year.

Please tell me what USFW thinks - it was presented like it was no big deal and USFW is talking with the administrator and everything is okay. It doesn't look okay out there.

Thank you,
Kim Hendricks
You can watch that part of the city council meeting on YouTube if you'd like to hear what was said by the FP Administrator.
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ATTACHMENT 2
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From: Turner, Jennifer@Wildlife
To: DALTON, KELLY M.

Subject: Fly Field Closure
Date: Monday, March 20, 2023 11:51:09 AM
Attachments: Draft FVP Flying Field Closure Report March 2023.docx Hello Kelly,
In response to our conversation a few weeks ago and our most recent email exchange, CDFW would be supportive if the City was to eliminate the model aircraft flying activity in Fairview Park. As a State Trustee Agency for natural resources sees the current activities at Fairview Park as potentially adverse to a variety of sensitive plant and wildlife species as well as valuable habitat types, including vernal pools, coastal sage scrub, and riparian vegetation.

Currently, the designated model aircraft
flying area directly overlaps with these habitats.

Sensitive wildlife species are found in and adjacent to the designated flying area, including burrowing owl (Athene cunicularia; CDFW Species of Special Concern (SSC)), white-tailed kite (Elanus leucurus; Fully Protected), northern harrier (Circus hudsonius; SSC), coastal California gnatcatcher (Polioptila californica californica; SSC, Federal Endangered Species Act (ESA) listed-threatened), San Diego fairy shrimp (Branchinecta sandiegonensis; Federal ESA listed-endangered), and Riverside fairy shrimp (Streptocephalus woottoni; Federal ESA listed-endangered). Sensitive plant species in and adjacent to the flying area include San Diego button celery (Eryngium aristulatum var. parishii; California Endangered Species Act listed-endangered, Federal ESA listed-endangered, California Rare Plant Rank (CRPR) 1B.1), Orcutt’s grass (Orcuttia californica; Federal ESA listed-endangered, CRPR 1B.1), , prostrate navarretia (Navarretia prostrata; CRPR 1B.2), and small-flowered microseris (
Microseris douglasii ssp. platycarpha; CRPR 4.2).

CDFW would like to express our support for full closure of the flying field due to impacts to sensitive biological resources. Small, unmanned aircraft have high potential to disturb sensitive avian species and can cause physiological stress and decreases in reproduction and survival (Mulero-Pázmány et al., 2017). We are especially concerned about impacts to raptor species which forage on the mesa near the flying field and may mistake a model craft for a competing predator. Smaller birds such as coastal California gnatcatcher may also identify craft as birds of prey; similar instances with other species have occurred locally. For example, in 2021, a drone crash led to the abandonment of approximately 1,500 elegant tern nests at CDFW-owned-and-managed Bolsa Chica Ecological Reserve, only seven miles northwest of Fairview Park. We are concerned that continued operation of the flying field could lead to similar direct and indirect impacts to sensitive avian resources there.

Fairview Park supports one of the last coastal terrace vernal pools complexes in Orange County.

Conservation and management of the San Diego fairy shrimp and its habitat in Fairview Park and other vernal pool complexes in the Los Angeles Basin-Orange Management Area is one of the criteria identified for recovery of the San Diego fairy shrimp in the U.S. Fish and Wildlife Service’s Recovery Plan for Vernal Pools of Southern California. Vernal pools in Fairview Park also support several plant species that are locally rare (City 2008; Chung 2010). Model aircraft activity at the flying field results in degradation of vernal pool habitats at Fairview Park when uncontrolled landings and associated vegetation trampling occur. For the above reasons, CDFW would be in support of a closure which ATTACHMENT 3
466
would eliminate this source of pedestrian disturbance for the sensitive habitats present on site.

If you have any questions or comments regarding this email please contact me directly.

Sincerely,

Jennifer Turner
Senior Environmental Scientist (Supervisor)
California Department of Fish and Wildlife
South Coast Region 5
3883 Ruffin Road
San Diego, CA 92123
Office: (858) 467-2717
Mobile: (858) 539-9109

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department. 467
ATTACHMENT 4
UNOFFICIAL MINUTES – FVPSC – APRIL 12, 2023 | Page 1 of 4 Excerpt of April 12, 2023 Unofficial Fairview Park Steering Committee Meeting Minutes
NEW BUSINESS:

1. MODEL AIRCRAFT ACTIVITY AT FAIRVIEW PARK
Mr. Minter presented.

Committee member D’Agosta questioned why item is considered new business.

Mr. Minter clarified it was to ensure committee would like to reinforce current position regarding aircraft activity and whether focus has changed amongst the committee.

Councilmember Reynolds encouraged recommendation from committee to present to council.

Committee member Garcia questioned what new information was provided in report.

Mr. Minter explained report was to provide further interpretation of intentions of documents received from regulatory agencies.

Committee member D’Agosta supported staff position and report. Requested that staff compile a report of previous committee decisions to provide awareness to new members of committee history.

Mr. Minter asked if Committe e member Garcia would like to recuse himself from discussion.

Committee member Garcia announced he would be staying on discussion as a patron.

Vice Chair Roberts expressed support to Committee member Garcia’s involvement.

Councilmember Reynolds agreed with Committee member Garcia participating as a voting member.

Committee member D’Agosta advocated that committee members must learn about past voting decisions made regarding the fly field.

Supplemental item received by Chair Campbell is hyperlinked on the agenda item #2A.

Committee takes a 5 -minute break commencing at 7:01pm and concluding at 7:06pm.
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UNOFFICIAL MUNITES – FVPSC APRIL 12, 2023 | Page 2 of 4

Chair Campbell presented past committee decisions regarding the outline history of model aircraft activity from July 2019 to August 2022. Expressed the in tention was to recall the 3-year discussion and motions.

Councilmember Reynolds enters at 7:11pm.

Committee member Garcia pointed out flying areas within vernal pools.

Committee member D’Agosta questioned intention of committee and whether intentions are to restore and respect nature. Brought fourth that in the past, other activities and events have been removed from the park due to incompatibility evaluations such as the civil war, cattle ranch, races, etc. Mentions that the City has committed themselves to restoring the park.

Committee member Garcia questioned what the park is restoring back to and why are train activities allowed.

Committee member D’Agosta responded that the intent is to restore areas with endangered animals and plants.

Committee member Baume expressed support for recommendation. Mentioned no other park in Costa Mesa allows for aircraft activity.

Chair Campbell stated Fairview Park should be exceptional and not the exception.

Committee member Garcia quoted Municipal Code regarding flying aircrafts in Fairview Park.

Mr. Minter reminded the committee that a motion would be needed.

Councilmember Chavez enters at 7:20pm.

Committee member McClain reiterated that a vote would be needed and agreed with staff report. Declares that aircraft activity is not compatible with restoration plans. Proposes to move forward with current recommendation.

Vice Chair Roberts: Advocated that committee utilize staff recommendation from March 21, 2023 City Council report as a motion.

Councilmember Chavez exits at 7:23pm.

Chair Campbell presents including additional objectives to support staff recommendation.

Committee member D’Agosta agrees with staff recommendation and adds that 469

UNOFFICIAL MUNITES – FVPSC APRIL 12, 2023 | Page 3 of 4 recommendation is made on the basis of previous committee history a nd decisions.

Mr. Minter questioned whether the committee would include East side evaluation.

Committee member Garcia expressed there is a serious issue on the East side of the park.

Chair Campbell suggested that HSS return with more information regarding claim.

Committee member Garcia shared history of HSS utilizing Fairview Park as the home of flying fields but acknowledges this area may not always be available. Said they would hope to use zone until another location is found.

Committee member D’Agosta suggests the East side be evaluated during the master plan updates. Expressed her disbelief of HSS relocation efforts and does not support flying due to environmental issues. States that in a 3 -year period, the habitat has changed and needs to be reassessed and reevaluated.

Committee member Garcia expresses the committee may risk their image if they ban aircraft activity.

Public Comment:

Wendy Leece: Stated that the fly field intrudes into the vernal pools. Expresse d that the public trusts the committee to protect Fairview Park and it is the responsibility of the committee to protect the habitat.

Henry Smith: As a member of the Harbor Soaring Society, banning the fly field would not be serving the people of Costa Me sa. Claimed most of the damage at the park has been done by the city. Stated that Fish and Wild life knew of active flying activity before shrimp were found.

Chair Campbell begins to address the verbiage of the motion.

Committee members talked amongst themselves to clarify verbiage and sentence structure of the motion.

Vice Chair Roberts shares respect and wants HSS in another area within the county and suggests the committee will be receptive to providing support.

MOTION/SECOND: Vice Chair Roberts made a motion:

Fairview Park is a unique and valuable natural resource. Based on the three-year history of evaluation and decisions made by staff and this committee, this committee supports the staff recommendation to City Council on March 21, 2023 that “recommends that City Council permanently close the Fairview Park model aircraft flying field and terminate the model aircraft individual flyer permit system 470

UNOFFICIAL MUNITES – FVPSC APRIL 12, 2023 | Page 4 of 4 due to outstanding environmental constraints, safety issues, and infeasibility with required resource protection measures at the site.” The Fairview Park Steering Committee is in support of restoration goals and opportunities for science and education.

Seconded by Committee member McClain.

The motion carried by the following roll call vote:

Ayes: Committee member Baume, Committee Member D’Agosta, Committee member Fuqua, Committee member McClain, Chair Campbell
Nays: Committee member Garcia

Absent: Committee member Crecelius and Committee member Glover Motion Carried: 6 – 1

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Members of the Costa Mesa City Council
Mayor Peter Buffa
Mayor Pro Tern Gary Monahan
Council Member Joseph Erickson
Council Member Libby Cowan
Council Member Heather Somers
Fairview Park Citizens Advisory Committee Members
Richard Mehren, Chairperson
Gilbert Collins
Linda Feffer
Judith Geilow
Jeff Martin
Nancy Palmer
Steven Velasco

GENERAL GOA LS STATEMENT FOR FAIRVIEW PARK
The following brief statement describes the Fairview Park Citizens Advisory Committee general plan for Fairview Park. It can and should be read by any individual or group prior to their presentation of any proposal for activities or facilities within Fairview Park.

The Master Plan for Fairview Park is the outcome of the Committee's conceptual theme best described with the general term "passive use". This will include trails for pedestrians, runners and bicyclists. Areas will be developed with appropriate vegetation and physical conditions to create and enhance varied native habitats such as grassland, woodlands, riparian, alluvial scrub, sand dunes, coastal sage and vernal pools. Preservation of the archaeological sites will also be a top priority. Included in this concept, in addition to trails and restoration of native habitats, will be some turfed areas for picnicking, resting, children's play, and individual and small group non-organized sports activities. Special activities and facilities with appropriate educational and recreational value, such as a small museum complex, will be considered as compatible with other uses and space allocations.

No commercial ventures are encouraged within the park, and any fund raising activities within the park by any organization should require approval by the City Council.

Group activities such as track meets, kite flying, model airplanes, team games, or educational programs are to be confined to the designated trails or turfed areas.

This is in keeping with a major concern of the Committee which is the enhancement and protection of the native flora and fauna within the park. To this end, nonobtrusive signs and fencing will be used as well as the enforced leash laws.

City of Costa Mesa
The Fairview Park Citizens Advisory Committee
August 20, 1997
Fairview Park Master Plan
ATTACHMENT 5TO ACCESS THE FULL FAIRVIEW PARK MASTER PLAN - CLICK HERE 472

1. EXECUTIVE SUMMARY

INTRODUCTION
"The site could be planned as the City's premier park, to include a wide diversity of recrea tional opportunities encompassing natural passive park land. The Master Plan for this site must address the distinctive character of the location and its adjacencies providing a park with unique citywide significance. The Santa Ana River, Talbert Nature Preserve, and the bordering school properties all should influence the park design and layout.

In addition, the park contains important cultural and natural features which should be planned for future protection."
City of Costa Mesa Parks, Recreation, and Open Space Master Plan January 1996
This statement from the recently completed planning document well states the challenge for Fairview Par!<. The consultant team has operated on the premise that the text should have the insertion of "shall" in place of "could" as the third word: for the community is aware of the high potential for this rare open space. Through this Master Plan the citizens of Costa Mesa and their elected officials determine the course of planning for this land, which will affect the lives of many generations of residents. The consultant team has endeavored to create a Master Plan, which insures that the needs of the community are met, and that the great potential for the site is realized.

The site is unusual not only for its impressive bluff top location and interesting rolling hills, but for the story that it can tell of: Native American civilizations, wildlife and its habitat, unusual and subtle natural features, and our aspirations as urban dwellers to provide spaces for previously dominant living systems to continue to function. The promise of restoration built upon the existing remnant wildlife habitat, opportunities for discovery, interpre tation, recreation and enjoyment for people is a challenging and exciting prospect.

Fairview Park will be the link, which ties many existing and future resources of the City together. The Costa Mesa River - Bay Trail will connect through the park to the Talbert Nature Preserve immediately. When all portions of the Local Coastal Program are complete a continuous recreational trail will lead through parklands.

Saltwater marshes at the mouth of the Santa Ana River, South Talbert Park with Victoria Pond, Talbert Nature Preserve, Costa Mesa Vista, and Canyon Parks will be linked at Fairview Park to the arteries of the Costa Mesa bikeway system.

The Park consists of 208 acres of open space currently used for walking, biking, jogging, flying model airplanes, model railroading, and picnicking. Approximately 13 acres of the site have been improved as passive park space with lawn, trees and parking. The remainder of the site is vacant. Work on this Master Plan was begun in July of 1996.

City of Costa Mesa -2- Fairview Park Master Plan
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of the Committee and the public, changes were made and the revised composite scheme was presented at a working session of the City Council on December 9, 1996.

The three alternative schemes and the composite scheme were presented in a public workshop at the Council Chamber on Saturday June 28, 1997. Comments on the proposed land uses and the details of the physical scheme were accepted.

A progress report was made at a meeting of the City Council on August 4, 1997.

Following this report the preparation of environmental documentation for the plan was initiated concurrent with the preparation of the draft of the Master Plan.

On December 15, 1997 the City Council adopted Mitigated Negative Declaration with revisions, and adopted Resolution 97-102 approving PA-97-43, the Fairview Park Master Plan. At the same meeting the Council adopted Resolution 97-103, approving GP-97- 03A, amending the General Plan of the City of Costa Mesa incorporating the Master Plan references into the Parks, Recreation and Open Space Master Plan element.

In August and September of 2000 the City Council adopted revisions to this plan. The revisions include the elimination of some trails, the reduction in width of certain trails and the reduction of paved surfaces. All revisions are reflected on the revised Master Plan drawing and are indicated with a strikethrough.

In November 2002 the City Council adopted revisions to this plan. The revisions include the deletion of the Huscroft House relocation, deletion of the dog park on the east side, deletion of the lower parking lot in planning area C, deletion of the botanic gardens, deletion of the pond on the east side, deletion of the model railroad on the west side of the park, and the deletion of the bicycle motocross.

In June 2007 the City's consultant LSA Associates performed a complete biological survey of Fairview Park and updated the biological constraints and opportunities section of the Master Plan.

All revisions are reflected throughout this document and are indicated with a strikethrough. Figure 1 has been updated to reflect these changes.

1.3 THE MASTER PLAN
The master plan presents a park for passive uses. Facilities are provided for individual and small group activities focused upon walking, biking, picnicking, quiet contemplation, interpretation of the archaeological and biological resources, and the hobbies of kite flying, model glider airplane flying and riding the model railroad.

The passive uses included in the plan were driven by the need to protect the unique archaeological and biological resources, the City's new focus of attention on other City of Costa Mesa -4- Fairview Park Master Plan
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• Provide for the continuation of the organized uses that have historically occurred on the site, including model railroading, model airplane, and model glider flying.
• Minimize addition of other similar organized uses that would require special park facilities or permanent allocation of park space.
• Provide for walking, running, and bicycling along defined trails. • Utilize and improve existing trails as much as possible. • Minimize creation of new trails.

Provide additional opportunities and services for low-key park use:
• Provide an enhanced setting for the model railroad area. • Provide a landscaped setting on the eastern area of the park that will provide continuity with the adjacent residential and golf course areas and tie to the natural habitat restoration on the western side.
• Enhance existing picnic areas and provide additional picnic facilities for small groups and on the eastern portion of the site.
• Provide additional children's play areas.
• Provide restrooms.

Provide for public safety
• Provide trail access for public safety and emergency vehicles. • Stabilize the bluffs and provide safer access across them. • Provide buffer areas for fire-wise planting adjacent to residential areas. • Provide improved vehicular access from Placentia Avenue. • Provide increased opportunities for walking and bicycling away from vehicular roadways.
• Maintain the open quality of the park that allows for visibility over the park area for observation of any public safety problems.
• Design park improvements in conformance with public safety codes and Americans with Disabilities Act requirements.

5.2 RESTORATION OBJECTIVES
Preserve the archaeological resources
• Remove existing artificial fill with minimal damage to the resources underneath.
• Protect archaeological sites from unauthorized collecting and damage.

Enhance and re-establish habitat for native plants and wildlife. • Base restoration plans on scientific recommendations related to the existing site characteristics and the best available information on pre-existing natural habitat areas.
• Conform to the federal and state restrictions concerning existing ecological resources.

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• Coordinate restoration plans with regional and adjacent restoration and preservation efforts, in order to provide continuity of habitat and address endangered habitat concerns.
• Protect restoration areas from damage and intrusion.
• Incorporate habitat restoration areas into the NCCP/HCP.

6. THE MASTER PLAN
The Master Plan presents a park for passive uses. The natural setting will dominate and provide the opportunity for walking, jogging, biking, and quiet contemplation.

The large size of the park allows for the inclusion of a model railroad, glider and kite flying, and a group picnic area without compromising the overall passive nature of the plan. The landscape includes play areas for children, lawn areas for play and picnicking, and large areas of restored native plant communities. A trail system will provide access by foot, bicycle, wheelchair, park maintenance, and emergency and security vehicles. Interpretive opportunities are to be subtly provided as part of the trail system. Defined trails offer the possibility for a roaming walk among undeveloped nature for those seeking solitude or to explore the varied terrain of the mesa, bluffs, and low alluvial plain. Natural areas will contain extensive areas of local native plant communities, and a botanic garden will display a collection of California plants from many regions.

The plan is intended to provide a detailed framework for the restoration and construction work. Completio,:i of the work will undoubtedly be by phases. Some change in anticipated uses may be expected, as in the case of the museum site.

However, the overall policy direction for passive, natural preservation and restoration is to guide all detail development decisions. The Master Plan will guide the creation of a rich and varied park which will serve the residents of Costa Mesa for generations to come.

The following provides detail to the master plan by geographic section of the park.

6.1 PARK ENTRANCES AND PARKING
The major entrance to Fairview Park is planned to be at the location of the existing entrance to the western portion of the park from north or southbound Placentia Avenue. The existing entrance to Fairview Park is currently controlled by a traffic signal. This intersection is to be expanded to provide entrances to the eastern train area as well as the current western access.

Parking for 106 cars is currently provided in the existing 13-acre park area west of Placentia Avenue. These spaces are to be retained. Existing parking for 26 cars opposite Marion Parsons School is to be retained. An additional new parking area for approximately 35 cars is to be provided in the new group picnic area north of the existing entry and parking.

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site area. The many plant communities provide variety, rich visual experiences, and interpretive opportunities.

Dog Park
3 % acres in the central area of the train tracks, bounded by the Fairviev.• Channel to the east is designated for use as an area for the running of dogs off leash.

Coordination 'Nill be required in the future for possible growth of the train rail system. /\ proposed trestle structure in this area is to be designed to accommodate pedestrian use of the dog park area.

Archaeological Site CA-ORA 506
Approximately the northern 5/8 of the eastern site is identified as a registered archaeological site. This site has been the subject of less detailed study than CA ORA 58, which lies west of Placentia Avenue. Any active development of the site would require environmental work in conformance with the City of Costa Mesa, County of Orange Public Facilities and Resources, Historical Programs, and CEQA.

This plan calls for no active development in this site. Trenching for irrigation may require archaeological monitoring.

6.3 WEST OF PLACENTIA AVENUE
Existing Park Impro vements
The thirteen acres of existing lawn, trees, and parking are to remain. As finances or volunteers are available, additional trees should be planned and planted in order to expand the single trees into groves. The western edge of the existing lawn is to be extended to join the trail system and include the glider launch and landing sites as shown on the master plan drawing.

Group Picnic Site
A new group picnic site is planned for the land north of the existing entrance adjoining the existing lawn areas. This area is to have parking for approximately 35 cars, shelter, grilles and tables to seat approximately 75 persons for picnics. A structure to provide shade and rain protection may be provided. The design of this structure should be simple, without walls, maintaining as low a profile as possible.

New lawn and tree areas will surround the group facilities. Restroom facilities are also provided.

Interpretive Area
The central interpretive area is located west of the existing park lawn, near the existing parking. This area is to serve as a starting point for learning of the archaeology of the site, as well as the plant and animal communities. The center is not to contain buildings or other structures. The story of the site can be told through low level signage, footprints, castings of artifacts at ground level and limited City of Costa Mesa - 32 - Fairview Park Master Plan
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modeling. The area should allow non-guided discovery suitable to children and adults. Sufficient paving can be provided to assemble a small group for a guided tour. Additional signage should be located at key locations around the site to explain the life of the vernal pools, the various plant communities and habitats, the shell midden, the prehistoric river setting, and the Spanish / Mission use of the site.

Restroom Facilities
Restroom facilities are near the interpretive area on the route to and from parking.

This location will serve the existing developed park area, the trail system and the visitors to the interpretive area. This building should include a small storage area of approximately 125 square feet, which could be used to store glider launch equipment. The restroom building is located within the lawn and tree active park area and should be a low profile building, perhaps partially enclosed by earth mounds.

Glider Launching Sites
There are two types of model glider airplane launch sites in use at Fairview Park:
electric motor launch operations which take place in the morning when winds tend to be calm, and bluff top launches which take place in the afternoon when the prevailing wind creates a strong updraft at the bluff. Both operations are planned to be retained and provided for in the park.

The launch system of the larger planes which rise to ride the thermal columns of the early morning calm are driven by a small battery powered electric motor which reels in a string attached to the glider. While the launch string extends out 600 feet, the aircraft rises from the launch site at a steep angle requiring a small take-off area.

The landing requires a separate small area, which must be clear of pedestrian traffic.

The laying out of the launch string can be accomplished in grassland without damage to either habitat or aircraft. Any clearing required for the launch string is not to exceed one foot in width. The plan calls for moving the current site to the east in order to remove the launch string systems from the vernal pools. A storage area for launch gear can be provided near the launch site south of the interpretive center, associated with the restroom building. This facility should not exceed approximately 125 square feet and is to be of a very low profile, as discussed under restroom facilities.

Bluff top afternoon launches are focused at the bluff near the southern boundary of the site. Due to extensive use of the area, a stabilized decomposed granite paving area should be provided in order to protect the site and the bluff edge. Signage or other vertical projections exceeding approximately 3 feet above grade should not be placed along any of the bluff edges.

Vernal Pools
The vernal pools are discussed in depth in Section 3.5.1 and Appendix C. The pools and basins are to be retained, restored, and protected. Protection involves City of Costa Mesa - 33 - Fairview Park Master Plan
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Riparian Zone Along the Placentia Drain
The Placentia Drain exists in the northwest lowlands and extends along the base of the western bluffs to the southern tip of the park where it continues into Talbert Nature Preserve. The presence of seasonal water flow and, to a lesser extent, year round flows in the Fairview Channel indicates the potential for the introduction of a riparian area along the Placentia Drain. Connection of the drain to the Fairview Channel can provide year round water flow while limiting the volume of flow into this feature. The drain presents an additional habitat and plant community for exploration via the trail system. No membrane or artificial water holding basin is planned in order to avoid attracting non-native frogs which could be harmful to other native species present in the area. Preliminary engineering study indicates that the riparian zone could be feasible and act as an asset to the wetlands in lower Talbert Nature Preserve by increasing the flow in the Placentia Drain.

Coastal Strand adjoining Talbert Nature Preserve
The northern boundary of the Talbert Nature Preserve contains the coastal strand, or dune, plant community. A small zone of this community is planned at this borderline in order to make the property line less visible between the two parks.

Alluvial Scrub / Pacific Pocket Mouse Habitat
The biological study of the site has identified a remnant of alluvial scrub at the northwest lowlands. Plant materials and soil conditions define this 41 acre area. This habitat is significant due to the favorable conditions present for occupation by the Pacific Pocket Mouse, which is listed as endangered by the USFWS. This habitat is becoming extremely rare in coastal Southern California and is considered to be of great value.

6.4 PASSIVE USES AND CIRCULATION TRAILS
Passive uses for the park include walking, running, walking of leashed dogs, flying glider planes, flying kites, picnics, and other small group functions. Organized team sports requiring formal facilities or sports operated as a concession are not included.

The natural areas of the park are reserved for running, walking, limited bicycle trails, and interpretive uses. Trails in the natural areas are planned to offer access to each habitat type, and in a quantity to allow variety to the frequent park visitor, but limited in order to provide large blocks of habitat undivided by trails or the interruption of human use.

A system of trails is planned to provide access to all areas of the park by pedestrian traffic. Trails at the edge of the bluffs, and the trail to the south of the Fairview Channel are recommended to be a minimum of three feet wide. Other trails are a minimum of four feet wide. Walking trails are surfaced with soil, decomposed granite or shell midden. The bluff trail in the archaeological site area is over shell midden and is to remain on this surface in order to allow the park user to experience this contact with evidence of much earlier human use. The midden trail and trails City of Costa Mesa - 37 - Fairview Park Master Plan
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ORA 58 archaeological site, each of which require careful protection. The vernal pools are recognized as a significant and rare resource to be restored. General park use traffic is to be limited to the trails in the archaeological area and in the natural restoration.

Extensive trails allow access by foot, wheelchair or bicycle, but that access is to be limited to the trail systems, allowing vegetation to be restored while creating high quality habitat for birds and small animals.

The intent is to make a smooth transition to the ninety acre Talbert Nature Preserve, which adjoins Fairview Park to the west at the base of the bluff.

An interpretive area is designated in the western section to illuminate the rich resources of natural history. The only building construction provided for in the western section of the park by the plan will be restrooms, a small glider storage facility, and a shade structure for the group picnic area. These facilities are to be designed to have low visibility, be low key and have minimal impact on the visual image of the park.

A detailed Resource Management Plan is to be developed at the time of preparation of restoration documents and drawings. This plan is to specify methods for weed control, vector control, irrigation and monitoring of plants and wildlife.

Conceptual Restoration Plan Plant Palettes -- Fairview Park, Costa Mesa The following provides conceptual native plant palettes for four new plant communities currently planned for restoration/establishment within Fairview Park in the City of Costa Mesa. The specified plants are found within the park and general vicinity (i.e., the lower Santa Ana River ecosystem). Final plant palettes, quantities, planting techniques, and other relevant information will be prepared as part of final restoration plans to be completed in the future. The Coastal Strand area adjacent to Talbert Nature Preserve is to repeat the plant species found to have been successful in this existing planting. Plant communities in the vernal pools are presently established by the current restoration biologist.

California Native Grassland
This plant palette is planned for the mesa, primarily in the area presently covered with fill. The existing fill should be removed from the site in order to return the mesa to its original, flat topography and to remove the extensive weed seed bed within the fill. Efforts to reestablish the mosaic of vernal pools on the southern third of the mesa have been started and are to continue until the natural grade and condition of the pools for the area is reached.

Common Name Scientific Name
Containers
Purple Needlegrass Nassella pulchra
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8. DESCRIPTION OF ALTERNATIVE I, II, & Ill

8.1 ALTERNATIVE I
SOUTH WEST QUADRANT: Bluffs to Placentia:

Major habitat/ plant communities:

1. Maintain and restore vernal pools providing fencing around each pool.

2. Establish grasslands along upper bluff areas.

3. Re-vegetate bluffs with Coastal Bluff Scrub.

4. Establish Coastal Bluff Scrub community in the north-south canyon.

Circulation Routes:

1. Establish new pedestrian trails at top of bluffs and stairway at southwest corner.

2. Establish north-south circulation for bicycles, security, maintenance, and joggers.

Facilities

1. Maintain active park along Placentia Avenue in its present condition.

2. Add a restroom in the active park area.

3. Add a visitor information facility to acquaint visitors with the park and its features.

4. Maintain the glider facility in the southwest portion of the park.

5. Correct flooding at west of Canyon Drive - provide new surface drain south of vernal pool to bluff and pipe drain from southeast corner near apartments to drain to bluff/ Placentia Drain. Protect from further erosion at bluff.

6. Stop erosion at north end of bluff to protect archeological site.

NORTH WEST QUADRANT: Fairview Channel to bluff, Talbert Nature Preserve to Placentia
Major habitat/ plant communities:

1. Develop Riparian Community south of Fairview Channel (remove south portion of berm and reconstruct same further south into park. Enhance the watercourse.

2. Establish Coastal Dune and Alluvial Scrub community to maintain pocket mouse habitat.

3. Establish Grassland community.

Circulation Routes:

1. Establish circulation connecting Talbert Nature Preserve trails with Placentia Avenue including bicycles, security, and maintenance and jogging.

2. Establish pedestrian trails along Riparian Area and Coastal Dunes.

Facilities

1. Add parking along Plaoentia Avenue 111ith a pionio area and 'Dog Park'.

2. Add picnic area between Fairview Channel and residential community along north edge of park.

NORTH EAST QUADRANT: Canary, Fairview Channel to golf course Major habitat/ plant communities:

1. Establish Oak Woodland plant community on slopes.

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Circulation Routes:
1 Establish circulation in the park for bicycles, security, maintenance, and jogging park with lawn and tot lot at the end of Canary Drive. 2 Establish pedestrian trail connecting Canary Drive to Fairview Channel Bridge.

Facilities:

1. Establish neighbo rhood local neighborhood play area.

SOUTH EAST QUADRANT: Railroad area, Placentia to the golf course Major habitat/ plant communities:
1 Establish Oak Woodland plant community on slopes.

2. Establish botanic garden throughout Narrow Gauge Railroad.

Circulation Routes:

1. Establish circulation for bicycles, security, maintenance, and jogging, which connects new signaled intersection with Fairview Channel. Extend same circulation south along Placentia Avenue to second signaled intersection across from Estancia High School.

Facilities:
1 . Retain Narrow Gauge Railroad. '

2. Construct new ponds.

3. Retain gravel parking lot for railroad.

8.2 ALTERNATIVE II
All items as included in Alternate I with the following additions / changes SOUTH WEST QUADRANT: Bluffs to Placentia:

Facilities:

1. Retain glider landing zone, but move further north into park. (East of vernal pool).

2. Add glider equipment storage facility.

3. Add Children's play at Canyon Drive entry.

NORTH WEST QUADRANT: Fairview Channel to bluff, Talbert Nature Preserve to Placentia

1. Same as Alternate I.

NORTH EAST QUADRANT: Canary, Fairview Channel to golf course

1. Same as Alternate I.

SOUTH EAST QUADRANT: Railroad area, Placentia to the golf course Facilities:

1. Add 'Historic Village' comprised of train station, cafe/restroom, Historic Society headquarters, Natural History office headquarters. (The Village is thought of as a 'home' for historic buildings needing relocation from their present sites in the County). New parking areas and possibly sites for small social functions could occur in this location.

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8.3 ALTERNATIVE Ill
All items as included in Alternate I and II with the following additions/ changes SOUTH WEST QUADRANT: Bluffs to Placentia:

Facilities:
1 . Add parking along the south property line between Canyon Drive and Pacific Avenue.

2. Propose an alternative glider take off zone north of the landing zone to help protect sensitive grass communities south of the vernal pool.

3. Add a second stairway down the bluff at the northwest end of the bluffs.

4. Relocate parking in the active park to alloi.v f.or the addition of a soccer field and a baseball diamond.

5. Add additional narrow gauge rail line in this quadrant.

NORTH WEST QUADRANT: Fairview Channel to bluff, Talbert Nature Preserve to Placentia

1. Same as Alternate I.

NORTH EAST QUADRANT: Canary, Fairview Channel to golf course

1. Same as Alternate I.

SOUTH EAST QUADRANT: Railroad area, Placentia to the golf course Facilities:

1. Extend Narrow Gauge Railroad further north into Oak Woodland.

2. Add a bridge across Placentia Avenue for the railroad and pedestrians.

3. Add a median in Placentia Avenue with trees, groundcover, and shrubs.

8.4 ALTERNATIVE COMPOSITE OF I, II AND Ill
All items as included in Alternate I, II and Ill with the following additions / changes SOUTH WEST QUADRANT: Bluffs to Placentia Avenue:

Facilities:

1. Change parking along the south property line at Pacific Avenue.

2. Dog park added near Estancia athletic field.

3. Added group picnic area.

4. Added raptor roosts.

NORTH WEST QUADRANT: Fairview Channel to bluff, Talbert Nature Preserve to Placentia

1. Added pond and riparian / wetlands area.

2. Added high-speed bike path north of Fairview Channel.

NORTH EAST QUADRANT: Canary, Fairview Channel to golf course

1. Added a view area and tot lot.

SOUTH EAST QUADRANT: Railroad area, Placentia to the golf course Facilities:

1. Redesign of parking areas.

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of eradication with the County. Effective eradication of Giant Reed is labor-intensive, requiring follow-up treatments for up to several years after initial removal. If complete eradication were achieved, Giant Reed would be unlikely to re-invade the alluvial scrub community after eradication, since the area is unconnected to the Santa Ana River or other streambeds that could deliver seeds or other propagules into the area from upstream. (The eradication of Giant Reed has been undertaken by the City of Costa Mesa since the writing of this report.)
Coastal Bluff Scrub - Disturbed
Two degraded areas within the park have good potential for restoration to coastal bluff scrub habitat. One is the park's western bluff, where the original coastal bluff scrub community has been invaded by ruderal forbs and grasses. The other area is a northtrending canyon near the park entrance, which is heavily disturbed and supports almost no native vegetation. Due to the topography of these areas and the general difficulty of establishing coastal bluff scrub vegetation, successful restoration of these areas would be difficult and fairly costly, requiring 1) eradication of the existing ruderal vegetation, 2) planting and seeding of appropriate native species, 3) provision of irrigation during establishment of plantings, and 4) follow-up weeding for at least two or three years. The potential may exist for coastal bluff scrub restoration to be funded by outside sources as an off-site mitigation for loss of upland scrub habitat elsewhere in the local area.

Vernal Pools and Associated Grasslands
MBA's two vernal pool reports (see Appendices C and D) note that artificial fill has apparently been placed within approximately two acres of "Vernal Pool Basin No. 1," the park's largest vernal pool. It is recommended that the Master Plan address removal of fill from this vernal pool and restoration of its original contours.

Fairview Park's vernal pools occur in a portion of the park that is subject to ongoing disturbance and soil compaction due to foot traffic, biking, pets, model airplane flyers and periodic mowing. The pools and associated grasslands show some signs of degradation due to these ongoing processes, including 1) encroachment of trails into the margins of some pools, and 2) the presence of a variety of non-native plant species in and around the pools. In· addition, standard vector control practices may diminish water quality in the park's vernal pools, possibly impacting both invertebrate and vertebrate wildlife species that use the pools. Over time, such processes may degrade the park's vernal pools, limiting their value as habitats for plants and wildlife. Management practices that would limit these adverse effects and ensure the continued health of these sensitive areas include the following:

Identify areas where paths and trails impinge on vernal pools and associated grasslands, and regulate public access to these areas. This may be accomplished by 1) developing a formalized trail system in this area that avoids highly sensitive areas to the extent feasible, 2) installing educational signs, and 3) possibly erecting temporary fencing to divert foot traffic away from recovering areas during the year or two· it would take for desired City of Costa Mesa - 103 - Fairview Park Master Plan
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LSA ASSOCIATES. INC.

Specifically, the study area is located within Section 8 in Township 6 South, Range 10 West with approximate Universal Transverse Mercator coordinates of 4 12469m by 3725750m along the north, 412536m by 3724642m along the south, 413340m by 3725282m along the east, and 412567m by 3725196m along the west as shown on the 7.5-minute series United States Geological Survey (USGS) topographic Newport Beach, California quadrangle map. Area topography includes a low-lying area in the northern portion of the study area, with rolling slopes and a flat mesa to the south and east. Elevation ranges from 1. 5 meters (m) (5 feet [ft]) to 24 m (80 ft) above mean sea level. Most of the study area is vegetated with ruderal exotic species including extensive patches of black mustard (Brassica nigra) and sweet fennel (Foeniculum vulgare) (Figure 2).

There are over I 00 acres of habitat potentially suitable for burrowing owl use during both the winter (i.e., migratory, nonbreeding) and breeding seasons. These areas are primarily grassland and ruderal habitats and, in general, are located in the north and east portions of the Park and the ruderal mesa along the west edge. The southern area also has potential habitat but is adjacent to school and residential areas and is highly disturbed by pedestrian and model airplane activity. The central area of the Park is similarly not suitable for burrowing owls due to heavy use by Park visitors and their pets (e.g., dogs). This area is planted with ornamental trees and turf grass surrounding a series of parking lots and is well maintained.

METHODOLOGY
LSA biologists followed the recommended Burrowing Owl Survey Protocol while conducting nonbreeding winter season surveys in 2005. LSA also conducted several breeding season surveys in conjunction with additional field work throughout Fairview Park (Table A).

Table A: Survey Conditions and Results
Nonbreeding Season Surveys
Date 2005 Time Conditions No. of Owls; Owl Sign Surveyors Dec 19 0545-0845 Low 60-30% cover, cool, None IB, LS
calm
Dec20 1445-1745 30% cover, mild-cool, calm None IB,LS
Dec 21 1445-1745 25% cover, mild-cool, 2 owls at burrows east IB,LS light breeze of Placentia Ave.

Dec 22 0600-0900 Low coastal fog-clearing, 2 owls at burrows east IB, LS cool-mild, calm of Placentia Ave.

Breeding Season Surveys
Date 2006 Time Conditions No. of Owls; Owl Sign Surveyors April 24 0700-0930 Clear, mild, calm None IB
May3 0715-1 045 Overcast, mild, light breeze None IB,LD May 11 0815-1130 Overcast, cool-mild, calm None IB
May24 0715-0915 Clear, mild, calm-light air None IB,MW
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Costa Mesa City CouncilMay 2, 2023

Costa Mesa City Council
May 2, 2023