Agenda packet — Costa Mesa City Council, August 1, 2023 (part 2 of 3)

Policy HOU‐3.2: Encourage the development of well ‐planned and designed residential or mixed ‐use projects which, through vertical or horizontal integration, provide for the development of compatible residential, commercial, industrial, institutional, or public uses within a single project, neighborhood, or geographic area within the City.

If accepted for processing, the Zone Change would include modifying site zoning to Planned Development Residential – High Density (PDR -HD) and amending the NCMSP to modify development standards and subarea buildout assumptions. The project would be subject to the development standards of the PDR-HD zone and the development standards established for the Home Ranch sub area in the NCMSP unless modified. As proposed, the project would need to modify the North Costa Mesa Specific Plan standard for height from three to four stories ranging from 45 to 60 feet in height to 5 stories at approximately 75 feet. The project would also add/modify the pro posed parking standard minimum to the NCMSP and Master Plan . The design elements as proposed are high quality and internally consistent a nd complementary to the surrounding area.

Policy HOU‐3.4: Consider the potential impact of new housing opportunities and their impacts on existing residential neighborhoods when reviewing development applications affecting residential properties.

The project is proposed across Susan Street , approximately 100 feet from a gated residential community known as Providence Park. Built between 200 5-2006, the community includes 60 single family dwellings and 83 townhomes. Although the project is not anticipated to negatively impact the Providence Park community, the required project CEQA review will consider in detail potential environmental impacts.

Policy HOU‐3.5: Encourage residential and mixed‐use development along transportation routes and major commercial/mixed use corridors.

If accepted for processing, the project would be located in close proximity to the I-405 freeway.

In addition, the north and south boundaries of the project are Sunflower Avenue and South Coast Drive, both of which are identified as Primary Arterials in th e Master Plan of Streets Highways (MPSH).

Policy OSR-1.5: Maximize public space by requiring plazas and public gathering spaces in private developments that can serve multiple uses, including recreation and social needs.

The project includes approximately five-acres of open space area, including the Rail Trail, that can accommodate public gatherings. Details of potential public gathering spaces that could be held on the open space site would be considered through the project master plan.

Policy OSR-1.18: Provide a minimum of 4.26 acres of parkland per 1,000 residents.

The site will not include a dedicated park site and therefore, will be subject to payment of park in lieu fees in the amount of $5,000 per unit for rental projects and will be subject to Measure Z open space fees.

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Policy CD-9.2: Provide adequate parking, open space and recreational facilities to serve residents in mixed-use development projects. Design parking and other areas to acknowledge different users (residents versus shoppers) and to be compatible with the architectural character of the building(s).

The parking design details such as separation of the visitor, guest and resident parking would be considered through the project master plan . The project master plan would also include a detailed parking analysis to determine actual parking demand.

Policy CD-9.5: Promote new types of urban housing that could be target-marketed to people seeking alternative housing choices in proximity to a major commercial area.

According to the applicant, t he project includes design element s intended to appeal to three distinct target populations. In addition, the site is located in proximity to major commercial centers (SOCO, South Coast Plaza, Metro Pointe, South Coast Metro, etc.). The project is also in close proximity to major commercial corridor on Harbor Boulevard.

Policy CD-12.2: Continue to implement and refine development standards and/or guidelines based on Crime Prevention through Environmental Design (CPTED) principles for new development and redevelopment with emphasis on site and building design to minimize vulnerability to criminal activity.

If accepted for processing, the applicant would need to work closely with the Police Department regarding site access and security and CPTED compliant design features ; at minimum, additional lighting may need to be provided along the connections to the Rail Trail and any other proposed pedestrian pathways or bikeways.

Proposed Parking

As proposed, each building (phase) would be self -contained in terms of parking. The applicant proposes to provide a minimum parking ratio of 1.5 parking spaces per unit. According to the applicant, this ratio of parking is higher than actual demand at a similar housing project in the City ( 580 Anton).

The applicant will conduct a comprehensive parking study during the entitlement process which would also consider the specific unit mix proposed. Parking for any mixed-use portion of the property will also need to be considered in the master plan process.

The following parking ratios have been approved for high-density apartments in the past five years:

 125 E. Baker - 1.92 per unit,
 580 Anton - 1.75 per unit
 2277 Harbor Boulevard - 2.25 per unit
 595 Anton - 1.8 per unit
 One Metro West – 1.75 per unit

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Trip Generation

The NCMSP assigns a trip budget to Area 1 - Home Ranch. Trip budgets are calculated on a square footage basis for residential and industrial land uses. The Home Ranch sub area of the NCMSP contains a specific number of trips allocated to the property. Currently, the subject industrial park sub area of Home Ranch allows for 376 AM peak hour trips and 362 PM peak hour trips. The applicant submitted a trip generation study that has been reviewed by the City’s Transportation Division. The preliminary estimated project trip generation is 389 AM peak hour trips (13 trips over the adopted trip budget) and 410 PM peak hour trips (48 trips over the adopted trip budget). If accepted for processing, a comprehensive traffic analysis would be prepare d and would need to determine if the trip budget would be increased or if the excess trips would be transferred to another location.

Fire and Emergency Access

If the project is accepted for processing, f irefighter and apparatus access will be required throughout the project, and the applicant will work with the Fire Marshal to develop an acceptable project safety plan. The projects incremental impact to fire life safety resources will also be evaluated.

Proposed Building Height and Architecture

The southern half of the Industrial subarea of NCMSP Area 1 - Home Ranch site has a maximum allowable height of four stories (60 feet) and decreases to three stories (45 feet) on the northern portion of the property. The proposal includes three “wrap” -style buildings that range from five -stories (approximate height of 75 feet ) along South Coast Drive and decrease to four -stories (approximate height of 60 feet) towards Sunflower Avenue. The NCMSP would be amended to allow for the proposed height, which that exceeds the NCMSP maximum height regulations. To ensure neighborhood compatibility, the design massing of Phase 2 and Phase 3 of the project proposes to step-down towards Susan Street to respond to the nearby two to three story residential neighborhood (Providence Park), which is located approximately 100 feet across Susan Street from the subject site.

The following building heights have been approved for multiple-family residential construction in recent years:

Table 3 – Building Heights

Project Name Project Address Approved Building Height One Metro West 1683 Sunflower Avenue 7 stories (98 feet) 580 Anton 580 Anton Boulevard 7 stories
(5 levels over podium)
Baker Block Apartments 125 E. Baker Street 5 stories – apartment building 6 stories – parking structure
Halcyon House 595 Anton Boulevard 6 stories (66 feet) Vivante 1640 Monrovia Avenue 4 stories (56 feet)

The applicant has provided several exhibits of potential architectural styles that are contemporary and include a variety of offsets, articulation and construction materials to enhance the aesthetic qualities of the buildings. Details of the architectural style, materials, and building facades, along with shade and shadow analysis, would be required and reviewed in detail with the future project application submittal. 349

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Project Phasing

As noted by the applicant, the build out will be phased over time, and subject to market conditions. The first phase would be generally located on the existing Chargers practice field, and the second and third phase would continue northward on the project site. Phasing would be reviewed as part of the Master Plan approval process to ensure that FARs, parking, and construction staging is adequate.

Off-Site Improvements

Off-site improvements include, but are not limited to, upgrades to local streets, sidewalks, water and sewer, drainage, curbs and gutters, street signs, park in lieu fees, utility easements, and landscaping.

If accepted for processing, details and phasing of required off-site improvements would be included in the proposed amended Specific Plan.

Rail Trail Access

There is a bike trail along the westerly side of the project on the adjacent property, known as the Rail Trail, which will eventually connect Costa Mesa’s and Santa Ana’s bicycle infrastructure. The City has a public access easement over the area and the bike trail was recently resurfaced and landscaped as part of the Anduril Headquarters development. Details of the design and modificati ons to the approximately 30 feet wide by ¼ mile long Rail Trail easement would be considered in conjunction with review of the master plan application.

Community Outreach and Visioning for Key Commercial and Industrial Corridors

On November 8, 2022, voters approved a measure that modified existing City regulations to allow for the development of housing in commercial and industrial areas, while keeping residential neighborhoods intact and revitalizing commercial corridors. This site is within a commercia l/industrial corridor covered by the measure. If an application for an entitlement moves forward, staff recommends the applicant proceed with community engagement for the project.

Measure Z

On November 8, 2016, voters approved Measure Z, which established an open space and public park impact fee and revised the name and composition of the Open Space & Recreation Advisory Committee. Since the project is a new development within the Measure Z boundaries, the commercial and office portion would be subject to the potential Measure Z park fee requirement of $1.50 per square foot or as otherwise adopted by fee schedule. The Measure Z fees would be assessed at the time of issuance of building permit.

California Environmental Quality Act (CEQA)

The project is subject to environmental review pursuant to the California Environmental Quality Act, and therefore, an initial study will be prepared to determine whether the project might result in environmental effects. The proposed project will most likely require preparation of an Environmental Impact Report (EIR). The environmental document would include all CEQA-related analysis including studies related to public services such as police and fire and emergency services. The environmental 350

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document would identify feasible mitigation measures (e.g., noise reducing and air quality measures for residential units) to reduce any significant environmental impacts of the project. Additional technical studies are required and would include infrastructure studies, Phase 1 hazardous materials study, noise study, air quality study, Vehicle Miles Traveled/traffic study and a water supply study.

ALTERNATIVES:

City Council may take one of the following actions:

1. Direct staff to proceed with the General Plan Amendment.

2. Direct staff not to proceed with the General Plan Amendment.

3. Continue the item to a date certain to request additional information.

FISCAL REVIEW:

Through the 2015-2035 General Plan update, the City prepared a fiscal model based on adopted land uses. Industrial uses were assumed on the project site for fiscal analysis purposes; this included a variety of assumptions such as property tax, sales tax, franchise tax, etc.

Potential fiscal benefits of the proposal include:

• Additional sales tax revenue generated by the small retail establishment; • Additional property tax revenue generated from the new uses; • Additional City of Costa Mesa fees for public improvements in the City; • Generation of temporary construction jobs; and
• Generation of additional long -term employment opportunities related to man agement and maintenance of 1,050 new apartment units.

If the City Council directs staff to proceed with the project, a comprehensive project-specific fiscal analysis would be completed and would include an identification of both positive and negative fiscal impacts.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
 Diversify, stabilize and increase housing to reflect community needs.

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CONCLUSION:

The General Plan Screening is a preliminary requirement necessary to continue processing an application for the proposed land use change and associated development. Staff recommends that the City Council provide direction to staff as to whether to process a General Plan Amendment request and other associated entitlements for the development of a 14.25 -acre parcel located at 3333 Susan Street with 1,050 residential units, 2,500 square feet of retail space, and 5.05 acres of open space (“Hive Live”).

If the Council allows the project to proceed to an entitlement application, submittal of applications for a General Plan Amendment, Specific Plan Amendment, Zone Change, Development Agreement , Master Plan and T entative Map would be required. Entitlement processing would include a comprehensive environmental review process and technical studies including infrastructure studies, Phase 1 hazardous materials study, noise study, water supply study, and a fiscal analysis.

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5141 CALIFORNIA AVENUE, SUITE 100 ▪ IRVINE, CA 92617 ▪ DRE #01201696 ▪ T 949 930 6600 ▪ LEGACYPARTNERS.COM April 2023
Honorable Mayor John Stephens; and Members of City Council:

Legacy Partners, on behalf of Invesco Real Estate, is pleased to present our General Plan Screening Application for The Hive Campus. In response to the City’s identification of this location as a future housing site in the recently adopted Updated Housing Element, Legacy is proposing to evolve The Hive Campus into a multi-phased master-planned residential community dubbed “HIVE LIVE.”
Legacy Partners has a reputation for delivering and operating luxurious residential communities. As you know, Legacy developed and currently manages 580 Anton in South Coast Metro, which is widely considered to be one of the finest residential communities in Southern California. This spring, we expect to deliver another luxury community known as Bloom South Coast in South Coast Metro adjacent to Costa Mesa. Through these projects, Legacy has developed a unique understanding and appreciation for the community.

In addition to assisting the City in fulfilling its RHNA obligations, HIVE LIVE will provide an opportunity to create a true work live environment in North Costa Mesa. HIVE LIVE’s location is conducive for a walk-bike environment to local employers and will support local retail and restaurants such as The Lab/Camp, SOCO, and South Coast Plaza.

The Hive Campus is currently a 14.25-acre site developed with three two-story office buildings and a fourth approved (but not built) office building on the L.A. Chargers practice field. The Chargers have announced their intent to relocate their operations to Los Angeles, so this represents an actionable opportunity to plan and develop housing in the city in a master planned manner.

HIVE LIVE is envisioned to be a three phased community which would be developed over a number of years, starting on the vacant practice field and progressing to the north replacing the two-story office buildings. This would occur based upon market demand and the natural expiration of existing tenant leases.

Understanding the significance of Art in Costa Mesa, HIVE LIVE is inspired by the idea that “Architecture is Art.” The phased communities are envisioned to be architecturally significant, “cousins” of one another under a common design umbrella and inspired by Costa Mesa’s most iconic buildings, envisioned resident profiles, and nature.

The communities at HIVE LIVE will be highly amenitized, with ample open space and common areas. Common area spaces include club and recreational uses, including expansive workspace areas conducive for a “work from home” environment. The projects will include meaningful interior and exterior art pieces. We envision incorporating a café use for residents as well as local employees immediately adjacent to the community. This GP Screen Application package provides the broad strokes for our vision which would be refined further with our formal ATTACHMENT 1
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5141 CALIFORNIA AVENUE, SUITE 100 ▪ IRVINE, CA 92617 ▪ DRE #01201696 ▪ T 949 930 6600 ▪ LEGACYPARTNERS.COM Moving forward, the project would seek: 1) a General Plan Amendment and/or a North Costa Mesa Specific Plan Amendment to modify the applicable development standards and establish site-specific density and intensity standards and make other necessary changes to the NCMSP; 2) a Master Plan; 3) a Tentative Parcel Map; and 4) a Development Agreement or amendment of the existing Home Ranch Development agreement pertaining to the

14.25 acres.

In addition to providing much need housing for local employer’s the proposal will provide:
•
•
•
•
•
•
Actionable housing opportunity to assist the City of Costa Mesa to fulfill its RHNA obligations on a site identified in the recently updated Housing Element.

Additional City of Costa Mesa fees for public improvement and open space/parks in the city.

Affordable opportunity to assist the City to fulfill its housing goals.

Improved directionality of peak hour trips.

Generation of temporary construction jobs.

Generation of full-time jobs associated with the management and maintenance of the communities.

We look forward to your feedback and respectfully ask for your support to authorize us to process our General Plan Amendment application and related site entitlements.

Sincerely,
Timothy O’Brien
Senior Managing Director

LEGACY PARTNERS
entitlement application.
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5141 CALIFORNIA AVENUE, SUITE 100 ▪ IRVINE, CA 92617 ▪ DRE #01201696 ▪ T 949 930 6600 ▪ LEGACYPARTNERS.COM June 13, 2023
M
r. Chris Yeager
Ms. Irina Gurovich
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
R
E: The Hive
General Plan Screening Application
D
ear Chris and Irina,
A
s a follow up to your letter of May 3rd and our in-person meeting on May 18th , this letter will serve as a response to your general follow-up questions as numbered.

1. With respect to the proposed parking, we envision a parking ratio of not less than 1.50 spaces per unit per project phase. As we discussed, the parking ratio for 580 Anton is

1.75 spaces per unit, which has proven to be overparked. Linscott, Law & Greenspan conducted a survey of the 580 Anton property during the hours of 6pm through 3 am on an hourly basis on May 10th and May 20th and determined that the peak demand was 1.28 spaces per occupied unit. (See attached e-mail dated May 30th, 2023). We will retain Linscott, Law & Greenspan to conduct a comprehensive parking study during the entitlement process which would also consider the specific unit mix that we propose.

2. W
e envision approximately 2,500 square feet of retail space on the ground floor corner of the first project phase at South Coast Drive and Susan Street. This would likely consist of a boutique coffee use with lite food offerings, similar to “The Lost Bean” currently located at The Hive office campus. Given the limited size of the proposed space and that the use would largely support the Hive Residential communities and the local neighborhood, we don’t envision the need for dedicated parking for the space, especially given the off-peak operating nature of the use.

3. T
he project will seek a General Plan Amendment and a North Costa Mesa Specific Plan Amendment to modify the applicable development standards and establish site-specific density and intensity standards and make other necessary changes to the NCMSP, a Master Plan, Tentative Parcel Map, and a Development Agreement.

ATTACHMENT 2
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5141 CALIFORNIA AVENUE, SUITE 100 ▪ IRVINE, CA 92617 ▪ DRE #01201696 ▪ T 949 930 6600 ▪ LEGACYPARTNERS.COM

4. We envision that the open space between the project phases will create porous connectivity to the rail park for use by the local community. Also, we would propose to provide further pedestrian connectivity points on the rail trail and further enhance the rail park. We believe that the introduction of residential units adjacent to the rail trail will enhance the utilization and safety of the park.

5. Common Open Space total is 220,000 square feet or 37% of the site ( net of the rail trail park) or 210 square feet per unit. In addition, most units would have private balconies or patios averaging 50 square feet per unit.

6. We are participating in stakeholder and city workshop meetings with a desire to see the city adopt a practical and productive affordable program. We envision complying with those policy requirements as those are in place.

Please let me know if you have any questions or require additional information.

Best Regards,

Timothy O’Brien
Senior Managing Director

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From: Keil Maberry
To: Tim O"Brien; Christina Jones
Cc: Shane Green; Richard E. Barretto; Benjamin Mount; David Pinto Subject: RE: GP Screening Package Outline
Date: Tuesday, May 30, 2023 1:07:10 PM
CAUTION: This email originated from outside of LEGACY PARTNERS. Do not click links or open attachments unless you know the content is safe.

Hi Tim and Christina. Below are the results of the parking surveys at 580 Anton. Looks like it came out to 1.28/DU for the peak demand.

Time
Parking Demand
May 10th, 2023 May20th, 2023
6:00 PM 209 238
7:00 PM 214 240
8:00 PM 238 235
9:00 PM 263 259
10:00 PM 270 264
11:00 PM 284 272
12:00 AM 295 288
1:00 AM 297 288
2:00 AM 298 288
3:00 AM 296 290
Peak Demand 298 290
Occupied Units 233 233
Parking Ratio 1.28 1.24
Keil Maberry, P.E.

Principal
[email protected]
Linscott, Law & Greenspan, Engineers
2 Executive Circle, Suite 250
Irvine, CA 92614
949.825.6175 x228
www.llgengineers.com
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arch 27, 2023
M
r. Tim O’Brien
Legacy Partners
5141 California Avenue, Suite 100
Irvine, CA. 92617
L
LG Reference: 2.22.4668.1
S
ubject: Traffic Circulation Assessment for the Proposed Hive Apartments Project
Costa Mesa, California
D
ear Mr. O’Brien:

L
inscott, Law & Greenspan, Engineers (LLG) is pleased to submit the following Traffic Impact A ssessment for the proposed Hive Apartments to replace the existing and entitle d office development on west side of Susan Street between Sunflower Avenue and South Coast Drive in the City of Costa Mesa, California.

This analysis evaluates the potential traffic circulation impacts associated with the proposed multifamily residential replacement Project consistent with City of Costa Mesa requirements based on the City of Costa Mesa Transportation Impact Analysis Guidelines, (October 2020).

PROJECT LOCATION AND DESCRIPTION
The existing development on the site consists of 172,176 (SF) office development within three (3) buildings and the entitled development consists of 80,000 SF of office use on the portion of the Project site currently occupied with a professional football training field. Figure 1 presents existing site aerial, which shows the existing development on the site. The proposed Project will consist of demolishing the existing office buildings and football training field to construct 1,050 multifamily dwelling units within three (3) five-story apartments buildings. Figure 2 presents the proposed site plan for the Project , prepared by Architect s Orange, which shows the proposed apartment development . Site a ccess for the proposed apartments will continue to be provided via the two (2) existing driveways along Susan Street.

ATTACHMENT 3
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Mr. Tim O’Brien
March 27, 2023

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PROJECT TRAFFIC CHARACTERISTICS
Trip Generation Forecast Comparison
Traffic generation is expressed in vehicle trip ends, defined as one -way vehicular movements, either entering or exiting the generating land use. Generation equations and/or rates used in the traffic forecasting procedure are found in the Eleventh Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C., 2021].

Table 1, attached, summarizes the trip generation rates used in forecasting the vehicular trips generated for the proposed Project and existing/ entitled land use and also presents the proposed Project’s net forecast peak hour and daily traffic volumes.

As shown in the upper portion of Table 1 , the trip generation potential of the proposed Project was estimated using the using ITE Land Use 221: Multifamily Housing (Mid-Rise) Not Close to Rail Transit trip rates whereas the existing/ entitled uses were estimated using the using ITE Land Use 710: General Office Building.

Review of the middle of Table 1 indicates that the proposed apartment Project is forecast to generate 4,858 daily trips, with 396 trips ( 91 inbound, 305 outbound) produced in the AM peak hour and 417 trips (254 inbound, 163 outbound) produced in the PM peak hour on a “typical” weekday.

Next, review of the following section of Table 1 indicates that the existing/ entitled 252,176 SF office use is forecast to generate 2,733 daily trips, with 384 trips (338 inbound, 46 outbound) produced in the AM peak hour and 363 trips (62 inbound, 301 outbound) produced in the PM peak hour on a “typical” weekday.

As shown on the last row of Table 1, the net trip generation potential of the proposed Project compared to the trip generation of the existing/ entitled office use is 2,034 net greater daily trips, with 5 net greater trips (-249 inbound, +254 outbound) produced in the AM peak hour and 47 net greater trips (+188 inbound, -141 outbound) produced in the PM peak hour on a “typical” weekday.

As a result , based on the net trip generation forecast for the proposed Project compared to the existing/ entitled uses for the Project site (< 50 peak hour trips) as well as the directionality of the net positive peak hour trips , which is generally opposite the peak directionality of traffic flow in the area, the proposed Project will not significantly impact the surrounding transportation system and does not require the preparation of a traffic impact study including level of service.

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Mr. Tim O’Brien
March 27, 2023

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CONCLUSION
Based on the results of the aforementioned net project trip generation forecast for the proposed Hive Apartments Project, which is 2,034 net greater daily trips, with 5 net greater trips (-249 inbound, +254 outbound) produced in the AM peak hour and 47 net greater trips (+188 inbound, -141 outbound) produced in the PM peak hour on a “typical” weekday, we conclude that the proposed Project’s traffic circulation impact is considered “insignificant” based on the City’s “50-trip threshold” and directionality of the net positive peak hour trips. Therefore, the P roject would not require any specific traffic analysis that includes level of service.

We appreciate the opportunity to provide this Traffic Impact Assessment. Should you need further assistance, or have any questions regarding this analysis, please call us at (949) 825-6175.

Very truly yours,
Linscott, Law & Greenspan, Engineers

Keil D. Maberry, P.E.

Principal

Attachments
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TABLE 1
PROJECT TRAFFIC GENERATION RATES AND FORECAST1

HIVE APARTMENTS, COSTA MESA
ITE Land Use Code /
Project Description
Daily
2-Way
AM Peak Hour PM Peak Hour
Enter Exit Total Enter Exit Total
Trip Generation Rates:
 221: Multifamily Housing (Mid-Rise) Not Close to Rail Transit (TE/DU) 4.54 23% 77% 0.37 61% 39% 0.39
 710: General Office Building (TE/TSF) 10.84 88% 12% 1.52 17% 83% 1.44 Proposed Project Trip Generation Forecast:
 Hive Apartments (1,050 DU) 4,767 89 300 389 250 160 410 Total Proposed Project Trip Generation 4,767 89 300 389 250 160 410 Existing and Entitled Trip Generation Forecast:
 Existing Office Buildings (172,176 SF) 1,866 231 31 262 42 206 248  Entitled Office Buildings (80,000 SF) 2 1,075 107 15 122 20 95 115 Total Existing/Entitled Trip Generation 2,733 338 46 384 62 301 363 Net Project Trip Generation Forecast
(Proposed Project vs. Entitled) 2,034 (249) 254 5 188 (141) 47 Notes:
 TE/DU = trip end per dwelling unit
 TE/TSF = trip ends per 1,000 square feet

1 Source: Trip Generation, 11th Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2021). 2 Source: North Costa Mesa Specific Plan.
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General Plan Screening Submittal
APRIL 2023
ATTACHMENT 4
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H ELLOH ELLO
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April 2023
Honorable Mayor John Stephens; and Members of City Council:

Moving forward, the project would seek: 1) a General Plan Amendment and/or a North Costa Mesa Specific Plan Amendment to modify the applicable development standards and establish site-specific density and intensity standards and make other necessary changes to the NCMSP; 2) a Master Plan; 3) a Tentative Parcel Map; and 4) a Development Agreement or amendment of the existing Home Ranch Development agreement pertaining to the

14.25 acres.

In addition to providing much need housing for local employer’s the proposal will provide:
• Acti
onable housing opportunity to assist the City of Costa Mesa to fulfill its RHNA obli
gations on a site identified in the recently updated Housing Element. • Addit
ional City of Costa Mesa fees for public improvement and open spa
ce/parks in the city.
• Affo
rdable opportunity to assist the City to fulfill its housing goals. • Impr
oved directionality of peak hour trips.
• Gene
ration of temporary construction jobs.
• Gene
ration of full-time jobs associated with the management and ma
intenance of the communities.

We look forward to your feedback and respectfully ask for your support to authorize us to process our General Plan Amendment application and related site entitlements.

Sincerely,
Timothy O’Brien
Senior Managing Director

LEGACY PARTNERS
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firm profile
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GENERAL PLAN SCREENING SUBMITT AL
firm profile
Founded in 1969, Legacy Partners has developed over 60,000 apartment homes valued at over $7 billion across the United States with some of the world’s largest financial institutions, life insurance companies, and real estate companies. Legacy Partners also manages over 11,000 units nationally and 6,000 in Southern California.

Legacy Partners has had a local presence in Orange County since the 1970’s. Tim O’Brien has operated as its Southern California Partner since 2007. Tim was born and raised in Costa Mesa and has worked in the area during his entire career.

Invesco Real Estate has managed investors’ funds in separate real estate accounts since 1993. Over the last 40 years Invesco has become one of the largest real estate investment management firms in the world, currently managing over $90 billion in assets from its twenty-one offices across 16 countries, by focusing on assets in high-quality markets like Costa Mesa and the South Coast Metro. 580 ANTON

BLOOM SOUTH COAST METRO
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local experience
San Diego Freeway
1 / FIRM PROFILE
In 2018, Legacy Partners completed 580 Anton in The T own Center of Costa Mesa. 580 Anton generates some of the highest rents in Orange County, outside of Fashion Island, and is regarded to be one of the finest multi-family residential projects in Southern California.

Legacy Partners is completing construction on a 226-unit luxury residential project known as Bloom South Coast at 651 Sunflower Avenue in Santa Ana. Legacy Partners was publicly commended by the City Council for its efforts in gaining broad community support for the Sunflower project.

Invesco Real Estate, through affiliates, has owned The Hive Campus since 2018 and is also the capital partner for the adjacent Press/ Anduril Campus. -7-
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2 context & vision
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THE LAB/ ANTI-MALL

THE CAMP

SOUTH COAST PLAZA

SEGERSTROM CENTER

GENERAL PLAN SCREENING SUBMITT AL
complementing
costa mesa’s vision
Costa Mesa is thriving in every way. The City of The Arts continues to lead the way for creativity with world-class venues such as South Coast Plaza, Segerstrom Center for the Arts, Orange County Museum of Art, The Lab/ Anti-Mall, and the SOCO District. Home to the VANS Corporate Office, a vast Shepard Fairey mural, and located only a few miles from the beach, Costa Mesa is the epitome of Southern
California. HIVE LIVE will perfectly align with Costa Mesa’s vibe and continue the creative legacy of meaningful living.

It will fuel the creative momentum for the city to experience an exciting and prosperous present and future.
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2 / CONTEXT & VISION

ORANGE COUNTY MUSEUM OF ART

SHEPARD FAIREY MURAL
COSTA MESA H. S. PERFORMING ARTS CENTER

NOGUCHI GARDEN
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FAIRVIEW RD.

HARBOR BLVD.

SUSAN ST.

SUNFLOWER AVE.

FAIRVIEW RD.

HARBOR BLVD.

SUSAN ST.

SUNFLOWER AVE.

SOUTH COAST DR.SOUTH COAST DR.

I-405 SAN DIEGO FREEW
AY
I-405 SAN DIEGO FREEW
AY

GENERAL PLAN SCREENING SUBMITT AL
• Most dynamic city for young professionals in Orange County. • Epicenter f
or fine shopping and dining, creative retail,
restaurants, and breweries.
• Premier cultural c
enter for arts, music, and stage at
the Segerstrom Center for the Arts.
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FAIRVIEW RD.

HARBOR BLVD.

SUSAN ST.

SUNFLOWER AVE.

FAIRVIEW RD.

HARBOR BLVD.

SUSAN ST.

SUNFLOWER AVE.

MACARTHUR BLVD.MACARTHUR BLVD.

SOUTH COAST DR.SOUTH COAST DR.

I-405 SAN
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I-405 SAN
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The front of each pavilion opens up completely to
create an indoor outdoor garden dining experience.
“Where there is love there is life.”
- Mahatma Gandhi
1514
LIFE promotes the balance of work and life by creating a new model for an integrated office/retail campus. A symbiotic relationship is created by providing a built in office population for the culinary operators while creating an unparalleled amenity for those working at PRESS including:

LIFE @ PRESS
+/- 380,856 SF OFFICE SPACE
+/- 51,936 SF RETAIL SPACE
* one of a kind, world class dining experiences
within walking distance of offices
* morning yoga and meditation in the Ikebana Garden
* company meetings in the Art Grotto
* picnic lunches with family in the park
* nap in the hammock grove of The Forest
* live music and entertainment after work
* education programs and demonstrations
* many daily needs/services offered onsite
NEARLY 52,000 SQ FT

OF BOTH NEW AND
RENOVATED SPACE.
3938
Samsara park is a space to wander, to
meet, to escape, to let go and to dream.

Visitors to LIFE will walk through the
park and enter the building through an
indoor outdoor garden foyer. At the center
of the park is THE EYE - an amphitheater
encircled by a sculptural ring of trees.

THE EYE will be used on weekends as an
outdoor performance space and during the
week for casual picnicking. Two garden
cafes sit on either side of THE EYE with
open air dining facing the amphitheater.

The entry boardwalk and plaza surrounding
THE EYE are designed to host outdoor
markets and festivals.

A series of garden rooms line the
boardwalk including the Ikebana meditation
garden, the Forest, the Art Grotto and
the Newsstand. Each provides a different
experience whether it be outdoor dining,
entertainment, or escape.

THE EYE sits at the heart of the project
and is designed for community gathering.
1312
• Easy access to the 405, 73 and 55 freeways.
• Rapidly expanding office headquart
ers and
growing tech businesses.
• Direct pro
ximity to thriving work, shopping,
restaurants, and entertainment.
• Walk & bike en
vironment.
2 / CONTEXT & VISION
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3 concept study
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the concept
Calibrated just for Costa Mesa, HIVE LIVE is an exciting, new opportunity to unite modern living, lifestyle, and livelihood in a unique way with more agility and imagination. This premier campus concept will give the live, work, & play matrix more depth, strength, and nuance. It will be an experience, not merely an address. This energetic approach will appeal to people looking for their ‘everything’ place and those who didn’t realize it was possible.

Utilizing nature and intuitive design, HIVE LIVE will honor all the touch points that matter most — in real-time.
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hive live is...
hive live is an experience to do
it all and do it well.
a tranquil and impressive place to live with all
the advantages of modern construction, features,
and active amenities that the market wants.
a down-to-earth place to create
new memories and connect to the
community and city meaningfully.
a carefree and thoughtful
place to enjoy spontaneity
more often.
a place to feel part of something
bigger yet have plenty of room
to be yourself to achieve
equilibrium and well-being.
a perfect location that allows
immediate access to innovative work
hubs to help people dream, lead,
and succeed better than ever.
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FIRELANE
SUSAN ST.

PUBLIC MEWS WITH GAMES

AND FIRELANE
“THE EXPLORER”
• CREATIVE
• OUTDOOR
• ADVENTUROUS
• LAID BACK LUXURY
“THE INNOVATOR”
• ACTIVE
• SOCIAL
• ORIGINAL
• MODERN
“THE ECO-ENTHUSIAST”
• WELLNESS
• MEDITATION
• REFINED
• NATURAL
ENTRY

ENTRY ENTRY

PUBLIC MEWS WITH STOOPS

AND FIRELANE
RAIL TRAIL pedestrian
connection to
rail trail
pedestrian
connection to
rail trail
pedestrian
connection to
rail trail
PHASE 1
360 UNITS

4.65 ACRES
77 DU/AC

THE PRESS
W. SUNFLOWER AVENUE

SOUTH COAST DRIVE
connection to
street
PHASE 2
320 UNITS

4.53 ACRES
71 DU/AC
PHASE 3
370 UNITS

4.67 ACRES
79 DU/AC

HIVE LIVE - COSTA MESA, CA

LEGACY PARTNERS
MARCH 28, 2023
ILLUSTRATIVE SITE PLAN L.1
80’40’20’ 0’

GENERAL PLAN SCREENING SUBMITT AL
HIVE LIVE will be inspired by human motivation
and a core sense of self. Each building will be
assigned a compelling and unique identity to
convey an impressive emotional story. They
will resonate with prospects and residents
alike and will invite the audience to discover
living that feels like it was curated and
designed for just them.
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LANDSCAPE IMAGERY

HIVE APARTMENTS - COSTA MESA, CA

LEGACY PARTNERS
MARCH 22, 2023

SITEWIDE VIBE IMAGERY L
3 / CONCEPT STUDY
context
The site is on the corner of South Coast Drive and Susan Street and extends to W. Sunflower Avenue. IKEA furniture store is located south of the proposed site. Industrial and office uses are to the west and directly across to the east is a gated residential development consisting of 2-story townhouses and single-family residences.
overall building and site concept
There are 3 phases to the overall masterplan of the project. All 3 buildings are designed in a “wrap“ configuration with residential units concealing the central residential parking structure. Vehicular entries to each of the 3 phases are from Susan Street. An expansive pool and recreational facility are featured on the ground level for each phase of the project. The residential building configurations are designed to feature courtyards that break-up the building massing along Susan Street and to provide opportunities for landscaping. The Rail Trail is directly adjacent to the proposed development on the west side of the site. There are ample plazas and landscaped paseos between buildings to create a connected, pedestrian friendly experience and to activate the entire block and surrounding neighborhood.
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GENERAL PLAN SCREENING SUBMITT AL
the innovator
Living in the now with a keen eye on tomorrow, The Innovator building concept will celebrate active and driven lifestyles. Ones that love staying invigorated in mind and body. It will have modern spaces that make socializing easy and stylish with vibrant amenities that are convenient. The overall feeling will be a daily sense of accomplishment. • ACTIVE
• SOCIAL
• ORIGINAL
• MODERN
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THE INNOVATOR

HIVE APARTMENTS - COSTA MESA, CA

LEGACY PARTNERS
MARCH 22, 2023
“THE INNOVATOR” VIBE IMAGERY L
3 / CONCEPT STUDY
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GENERAL PLAN SCREENING SUBMITT AL
the explorer
This building’s concept will be one of a muse. The Explorer building concept will inspire creativity, expression, and intellectual and outdoor adventure. The vibe will be a casual luxury that’s easy yet refined.

Residents here will experience an ongoing curiosity about the world that’s effortless and inviting to keep them stimulated. • CREA TIVE
• OUTDOOR
• ADVENTUROUS
• LAID BACK LUXURY
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THE EXPLORER

HIVE APARTMENTS - COSTA MESA, CA

LEGACY PARTNERS
MARCH 22, 2023
“THE EXPLORER” VIBE IMAGERY L
3 / CONCEPT STUDY
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GENERAL PLAN SCREENING SUBMITT AL
the eco-enthusiast
Pure in heart and mindful in the soul, The Eco-Enthusiast building concept will be a peaceful place to connect to what matters. The design will celebrate nature and sustainability for a tranquil yet refined place to live well. This building will bring much-needed calm, wellness, and balance to today’s busy lifestyles.
• WELLNESS
• MEDIT A TION
• REFINED
• NATURAL
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THE ECO ENTHUSIAST

HIVE APARTMENTS - COSTA MESA, CA

LEGACY PARTNERS
MARCH 22, 2023
“THE ECO ENTHUSIAST” VIBE IMAGERY L
3 / CONCEPT STUDY
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GENERAL PLAN SCREENING SUBMITT AL
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3 / CONCEPT STUDY
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GENERAL PLAN SCREENING SUBMITT AL
facade massing and articulation
The building facades are contemporary and urban in character and respond to its neighborhood context. At the corner of Susan Street and South Coast Drive (Phase 1), the building is larger in massing to create an iconic statement for this new development and to establish a new gateway for this new thriving community. Also featured at the corner are the resident amenities in a 2-story setting with a direct pedestrian connection to Susan Street. architectural style and character
Phase 1 is themed as “The Innovator”. This is characterized by larger wall planes and massing, a variety of window proportions arranged asymmetrically. The building also features an angled break in its mass on Susan Street and highlighted with a vertical angled wall mass to signify the main corner of the project. Accent colors are introduced on the balconies to create interest with wood-looking tile at the base of the building to create a warm, natural aesthetic. -28-
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3 / CONCEPT STUDY
architectural style and character
Phase 2 is themed as “The Explorer” and its architectural style is transitional. The architectural style introduces and features a horizontal roof plane element and a gable roof form to respond to the adjacent residential neighborhood. Vertical siding is used to create texture and vertical shadow play. Warm earth tones are also used with wood-looking tile accents.
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GENERAL PLAN SCREENING SUBMITT AL
facade massing and articulation
The massing of the buildings in Phase 2 and Phase 3 begin to break down into smaller components to respond to the existing 2-story residential neighborhood directly east. This is achieved through a series of building courtyards, plazas, roofline variations, and terracing of the building mass from 5 to 4-stories. Also featured is the introduction of gable roofs to respond to the adjacent residential community.
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3 / CONCEPT STUDY
architectural style and character
Phase 3 is themed “The Eco-Enthusiast” and is characterized by smaller gable roof forms articulated to create a smaller scale contemporary residential village. The massing is terraced from 5 to 4 stories with wood trellises and designed in a contemporary aesthetic. Metal canopies are used in the façade to add texture, shadows and color. Vertical siding is also used to create texture and to contrast the stucco base of the building.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1336 Meeting Date: 8/1/2023
TITLE:

AUTHORIZATION TO SUBMIT A JOINT APPLICATION WITH THE COUNTY TO THE STATE FOR

BEHAVIORAL HEALTH BRIDGE HOUSING FUNDS TO INCREASE CAPACITY AND IMPLEMENT

BEHAVIORAL HEALTH CARE AT THE BRIDGE SHELTER
DEPARTMENTS: CITY MANAGER’S OFFICE
PRESENTED BY: NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER CONTACT INFORMATION: NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER, (714)754-5274
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize submission of an application with the Orange County Health Care Agency to the California Department of Health Care Services for Behavioral Health Bridge Housing Program funds to increase capacity at the Bridge Shelter by adding 15 behavior health beds and associated services for individuals with Serious Mental Illness (SMI) or Substance Use Disorder (SUD), and appropriate all awarded funds to the Housing Authority’s Shelter Budget.

2. Authorize the City Manager or her designee to execute agreements and amendments to agreements to bring the Bridge Shelter Behavioral Health Project to fruition.

BACKGROUND:

Costa Mesa Bridge Shelter
In March 2019, the City Council approved the purchase and renovation of the building located at 3175 Airway Avenue as the future location of the Costa Mesa Bridge Shelter. While the entire building consists of over 27,000 square-feet of floor space, the Bridge Shelter currently occupies one-half of the building (Unit B), with the other half of the building (Unit A) being leased by the City to a local business.

In November 2020, the cities of Costa Mesa and Newport Beach (“Cities”) entered into a Memorandum of Understanding (MOU) to share the costs of developing and operating the then 72- bed Bridge Shelter. Later, in June 2023, the MOU was amended to increase Shelter capacity to 88 total beds. As a result, 25 of the Shelter’sbeds were set aside for exclusive use by Newport Beach clients, 60 beds were allocated for exclusive use by Costa Mesa clients, as well as three (3) beds for emergency use by both Cities.

The Bridge Shelter serves over 200 individuals each year and has an annual operating cost of

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396
File #: 23-1336 Meeting Date: 8/1/2023
The Bridge Shelter serves over 200 individuals each year and has an annual operating cost of approximately $2.7 million.

Recent State Legislation
On August 31, 2022, Senate Bill 1338 (SB 1338) was passed into law enacting the Community Assistance, Recovery, and Empowerment (CARE) Act, which authorizes the creation of a voluntary CARE agreement, or a court-ordered CARE plan, and implements services to provide behavioral health care to adults diagnosed with Serious Mental Illness (SMI) and/or Substance Use Disorder (SUD).

Behavioral Health Bridge Housing Program
On September 6, 2022, Assembly Bill 179 (AB 179) was signed into law authorizing amendments to the Budget Act of 2022. Included in the amendments was the creation of the Behavioral Health Bridge Housing (BHBH) Program via reallocation of $1.5 billion to the Department of Health Care Services (DHCS) for allocation to counties to support planning, implementation and infrastructure costs for the CARE Act. The primary focus of the BHBH Program is to assist individuals experiencing homelessness who have serious behavioral health conditions that prevent them from accessing resources and securing permanent housing.

On February 24, 2023, the DHCS released a Request For Applications (RFA), which made available $907 million to the 58 county Behavioral Health Agencies in California, including up to $31.6 million available to the Orange County Health Care Agency (OCHCA).

The OCHCA has expressed interest in collaborating with the City of Costa Mesa (City) to provide behavioral health care and housing for individuals diagnosed with SMI and/or SUD by increasing capacity at the Bridge Shelter and incorporating on-site behavioral health services.

ANALYSIS:

Behavioral Health generally refers to the effect of one’sbehaviors and emotions on their overall well- being, with a specific focus on mental health and substance use disorders. According to the Substance Abuse and Mental Health Services Administration (SAMHSA) 20% of adults in the U.S. have a clinically significant mental health or substance use disorder. Further, as identified in the 2022 Point In Time (PIT) Count, of the 4,996 adults experiencing homelessness in Orange County, 33% (1,633 people) reported struggling with substance use and 29% (1,445 people) were diagnosed with a mental health disorder. As seen in the statistics above, mental health and substance use disorders affect all people regardless of housing status, yet many people fail to receive treatment due to the cost and scarcity of behavioral health services.

While the City has a comprehensive system of care for those experiencing homelessness, one of the last remaining gaps is the provision of behavioral health services. The absence of high-quality behavioral health care means barriers to employment and housing remain unaddressed, which significantly reduces a client’s chances of securing and retaining permanent housing.

The BHBH Program provides funding to expand infrastructure and services to augment the

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397
File #: 23-1336 Meeting Date: 8/1/2023
The BHBH Program provides funding to expand infrastructure and services to augment the behavioral health system for those diagnosed with SMI and/or SUD. Specifically, the BHBH Program provides formula grant funding for the creation and ongoing operation of permanent or interim housing units, coupled with wrap-around behavioral health services. Approved BHBH projects are eligible to receive up to $75,000 per behavioral health bed created, as well as annual operating subsidies for the provision of supportive services. Funding of up to $75,000 annually per BHBH bed are available upon the activation of behavioral health beds and guaranteed until June 30, 2027.

Therefore, after June 30, 2027, the City will need to reapply or locate other sources of funding. At this time, there is no additional funding identified in the State BHBH Program past June 30, 2027.

However, staff’sbelief is that providing these much needed services to clients at the Bridge Shelter for the grant funding period would significantly increase outcomes and help to reduce homelessness for those in the program over the next four years.

Project Overview
The Bridge Shelter Behavioral Health Project (Project) contemplates the creation of 15 new behavioral health beds and the provision of associated services within the Shelter’sexisting footprint.

If approved and upon completion, the Bridge Shelter’scapacity will increase from 85 to 100 total guests with specialized behavioral health services available for as many as 15 guests diagnosed with SMI and/or SUD. The three emergency beds currently available at the shelter for quarantine and other purposes would remain as is.

Project Budget - Capital Improvements
The BHBH Program provides one-time capital grant funding up to $75,000 per bed to expand the behavioral health infrastructure. Upon the activation of the BHBH Program, the program grant also provides up to $1,125,000 for any capital costs associated with these 15 behavioral health beds. The capital improvements required to add these 15 BHBH beds includes the beds, lockers, and the installation of divider extensions over existing pony walls that are adjacent to bunk beds. There may also be certain modifications needed for the restrooms, kitchen or dining areas; however, major construction is not needed as the bridge shelter is already built to accommodate 100 beds. No additional City funding would be needed to build out these 15 additional beds.

Project Timeline
The Project requires only minor improvements to the existing dorms; thus, the 15 behavioral health beds are anticipated to be available for occupancy within twelve months of an award of BHBH Program funds. Any other capital improvements will have no effect on the timing in which the 15 BHBH beds will be available for occupancy as they would be focused on improving quality of life for guests (i.e. HVAC, kitchen upgrades, dorm upgrades, etc.).

Project Budget - Shelter Operations
The BHBH Program provides ongoing operating subsidies for the provision of shelter services to individuals occupying a BHBH bed. Unlike the formula grant utilized to determine one’saward of capital funds, operating funds are negotiated based on the actual costs associated with operating the BHBH beds. At a later date and contingent upon both City Council approval and an award of BHBH Program funds, an MOU with the OCHCA will be executed for an annual award of approximately

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File #: 23-1336 Meeting Date: 8/1/2023
Program funds, an MOU with the OCHCA will be executed for an annual award of approximately $570,000 to offset the cost of operating the new 15 Behavioral Health beds. This amounts to an estimated $38,000 per BHBH bed. Per State guidelines, the funding would begin upon activation of the BHBH beds, which is projected at February of 2024, and funding would expire on June 30, 2027.

The City will need to identify a structural ongoing source of funding after this date in order to continue offering on-site behavioral health care. The County has expressed a verbal commitment to work with the City to help secure grants and other funding sources to help offset future costs once this funding expires. Further, additional rounds of BHBH funding are anticipated, but not guaranteed, to be made available for both new and previously approved projects.

Shelter Operations
It is anticipated the Project would have little effect on the day-to-day operations of the Bridge Shelter.

However, while the City will maintain control over nearly all aspects of the guest selection process, CARE Court participants referred to the Bridge Shelter will receive first priority for entry into the Program, regardless of city of origin for the 15 BHBH beds. Further, beds that are unable to be filled by local clients must be made available to non-Costa Mesa/Newport Beach residents experiencing homelessness within the Central Service Planning Area (SPA). Any vacated bed due to a permanent housing placement will, once again, be made available for occupancy by a Costa Mesa/Newport Beach client, assuming no CARE Court participant is on a waiting list for placement.

Mental illness and substance use pose significant barriers to accessing services, including emergency shelter. As a result, many individuals suffering from SMI and/or SUD are unable to thrive in a shelter setting absent behavioral health care. The grant funds allow the opportunity for local providers to coordinate on-site delivery of behavioral health services, thus rendering the Shelter a more viable option for many who may have never accessed the resource. Further, current guests of the Shelter diagnosed with SMI and/or SUD will be transitioned to a BHBH bed, which will decrease the rate of recidivism and greatly improve the likelihood of guests achieving a positive outcome.

The Behavioral Health Care Project provides an opportunity to increases overall Shelter capacity by 15 beds at little to no cost to the City, expands the Shelter’sservice model to make the resource available for a broader range of unsheltered clientele, and augments services available to current guests who may otherwise have left their behavioral health conditions untreated.

ALTERNATIVES:

The City Council can deny staff’s request, which would result in the Shelter’s capacity being maintained at 88 beds without the availability of on-site behavioral health services.

FISCAL REVIEW:

As mentioned previously, the BHBH Program provides ongoing funding for the provision of shelter and behavioral health services to individuals occupying a BHBH bed through June 30, 2027.

Thereafter, the City can apply for BHBH Round 2 funds and/or work with the County to identify an alternative source of funding to continue offering specialized behavioral health care to Bridge Shelter guests. If no other funding source were available, the City could still help individuals in need of these services over the next four years which is a worthwhile endeavor.

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File #: 23-1336 Meeting Date: 8/1/2023
LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Diversify, Stabilize and Increase Housing to Reflect Community Needs · Strengthen the Public’s Safety and Improve the Quality of Life CONCLUSION:

Staff recommends the City Council:

2. Authorize the City Manager or her designee to execute agreements and amendments to agreements to bring the Bridge Shelter Behavioral Health Project to fruition.

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400
Gas Tax
(HUTA)
Fund
201
Park Dev.

Fees Fund
208
Drainage
Fund
209No. Category/Project Title

FACILITIES
1 Building Modification Projects
2 City Hall - 1st Floor Finance Security & Efficiency Reconfiguration 3 Civic Center - Painting, Carpet Replacement, and Miscellaneous Improvements 4 Corp Yard- Installation of HVAC Rooftop Unit
5 Costa Mesa Country Club Grounds Improvements
6 Costa Mesa Country Club Modernization
7 Fire Station 2 Reconstruction
8 Fire Station 3 Replacement Fuel Tank
9 Fire Stations - Minor Projects at Various Fire Stations 10 Police Department - Carpet Replacement & Interior and Exterior Repaint 11 Westside Police Sub-Station Improvement Design
TOTAL FACILITIES $ - $ - $ -
PARKS
12 Balearic Community Center Asphalt Surfacing
13 Brentwood Park Improvements $ 400,000
14 Fairview Park - Educational Hubs and Signage $ 90,000 15 Fairview Park - Fencing, Signage, and Trail Restoration 16 Fairview Park - Mesa Restoration & Cultural Resource Preservation CA-ORA-58 17 Fairview Park - Pump Station and Wetlands Recirculation System 18 Fairview Park - West Bluff Stabilization and Restoration 19 Jack Hammett Sports Complex LED Retrofit
20 Shalimar Park Improvements
21 Tennis Center Improvements
22 TeWinkle Athletic Complex Improvements
23 TeWinkle Bark Park LED Retrofit
24 TeWinkle Park Lake Repairs
25 Ketchum-Libolt Park Expansion
26 Lions Park Café
27 TeWinkle Skate Park Expansion
28 Park Sidewalk / Accessibility Program
29 Various Parks - Playground Repairs and Replacement
$ 150,000
TOTAL PARKS $ - $ 640,000 $ -

PARKWAY & MEDIANS
30 Parkway & Medians Improvement Program
31 Westside Restoration Project
TOTAL PARKWAY & MEDIANS $ - $ - $ -

STREETS
32 Citywide Alley Improvements
33 Citywide Catch Basin and Water Quality Improvement Project $ 40,000 34 Citywide Street Improvements
35 Fairview Road Rehabilitation Project (RMRA)
TOTAL STREETS $ - $ - $ 40,000
401

CAPITAL IMPROVEMENT PROGRAM
Capital Improvement Projects by Funding Source
Proposed Fiscal Year 2023-24
Traffic
Impact Fee
Fund
Gas Tax
(RMRA)
Fund
Capital
Improve. Fund
Measure M2
Regional
Fund
Measure M2
Fairshare
Fund
Golf Course
Improv. Fund Grant Fund
214 251 401 415 416 413 230/231/232 Total
$ 282,800 $ 282,800
$ 250,000 $ 250,000
$ 150,000 $ 150,000
$ 125,000 $ 125,000
$ 300,000 $ 300,000
$ 400,000 $ 400,000
$ 1,000,000 $ 1,000,000
$ 275,000 $ 275,000
$ 150,000 $ 150,000
$ 500,000 $ 500,000
$ 400,000 $ 400,000
$ - $ - $ 3,532,800 $ - $ - $ 300,000 $ - $ 3,832,800
$ 150,000 $ 150,000
$ 400,000
$ 90,000
$ 150,000
$ 2,000,000 $ 2,000,000
$ 500,000 $ 500,000
$ 2,000,000 $ 2,000,000
$ 900,000 $ 900,000
$ 1,000,000 $ 1,000,000
$ 320,000 $ 320,000
$ 1,150,000 $ 1,150,000
$ 130,000 $ 130,000
$ 2,000,000 $ 2,000,000
$ 1,200,000 $ 1,200,000
$ 1,200,000 $ 1,200,000
$ 2,000,000 $ 2,000,000
$ 50,000 $ 50,000
$ 50,000 $ 50,000
$ - $ - $ 250,000 $ - $ - $ - $ 14,400,000 $ 15,290,000 $ 175,000 $ 175,000
$ 200,000 $ 200,000
$ - $ - $ 200,000 $ - $ 175,000 $ - $ - $ 375,000
$ 100,000 $ 100,000
$ 160,000 $ 200,000
$ 900,000 $ 2,000,000 $ 2,900,000
$ 2,780,829 $ 2,780,829
$ - $ 2,780,829 $ 900,000 $ 160,000 $ 2,100,000 $ - $ - $ 5,980,829 402
Gas Tax
(HUTA)
Fund
201
Park Dev.

Fees Fund
208
Drainage
Fund
209No. Category/Project Title

TRANSPORTATION
36 Adams Avenue at Pinecreek Drive Improvements
37 Adams Avenue Bicycle Facility Project from Fairview to Harbor 38 Adams Avenue Undergrounding Project
39 Baker Street at Babb Street Signal Modifications
40 Bicycle and Pedestrian Infrastructure Improvements
41 Citywide Bicycle Trail Wayfinding Signage
42 Citywide Class II, III and IV Bicycle Projects
43 Citywide Neighborhood Traffic Improvements
44 Fairview Road at Belfast Avenue New Traffic Signal $ 400,000 45 Fairview Road Improvement Project from Fair to Newport 46 Safe Routes to School Action Plan
TOTAL TRANSPORTATION $ 400,000 $ - $ -
Total One-Year Capital Improvement Projects $ 400,000 $ 640,000 $ 40,000 403

CAPITAL IMPROVEMENT PROGRAM
Capital Improvement Projects by Funding Source
Proposed Fiscal Year 2023-24
Traffic
Impact Fee
Fund
Gas Tax Capital
(RMRA) Improve. FundFund
Measure M2
Regional
Fund
Measure M2
Fairshare
Fund
Golf Course
Improv. Fund Grant Fund
214 251 401 415 416 413 230/231/232 Total
$ 600,000 $ 600,000 $ 1,200,000
$ 500,000 $ 500,000
$ 1,250,000 $ 1,250,000
$ 240,000 $ 240,000
$ 50,000 $ 50,000
$ 50,000 $ 50,000
$ 200,000 $ 200,000
$ 75,000 $ 75,000
$ 200,000 $ 600,000
$ 650,000 $ 650,000
$ 157,618 $ 630,472 $ 788,090
$ 2,000,000 $ - $ 1,532,618 $ - $ 1,040,000 $ - $ 630,472 $ 5,603,090 $ 2,000,000 $ 2,780,829 $ 6,415,418 $ 160,000 $ 3,315,000 $ 300,000 $ 15,030,472 $ 31,081,719 404

CAPITAL IMPROVEMENT PROGRAM (CONTINUED)
Ongoing Capital Improvement Projects
Remaining Balances as of 3/13/23

TOTAL ALL FUNDS
No. Proj # Project Name Budget Actuals
Remaining
Balance
1 200009 Corp Yard Fleet Shop Epoxy Floor $ 75,000 $ - $ 75,000 2 200013 Fire Station #2 Reconstruction 2,150,000 57,571 2,092,429 3 200040 HVAC Replacement at Various Facilities 530,000 315,797 214,203 4 200062 Building Maintenance Projects 3,328,336 3,128,238 200,098 5 200066 PD-Removal Underground Fuel Tank 125,000 1,268 123,732 6 200072 Fire Station #1 Dehumidifier Install 250,000 - 250,000 7 200077 City Hall Cast Iron Drain Repipe 328,000 56,348 271,652 8 200080 City Hall Training Room 480,000 8,420 471,580
9 200085 IT Department Relocation 235,000 831 234,169
10 200091 City Hall- Elevators Modernization 707,712 586,327 121,385 11 200094 Range Remodel/Update 2,448,550 336,582 2,111,968 12 200097 Electric Vehicle Fleet and Infrastructure 676,908 470,383 206,525 13 200099 Finance Security & Efficiency Reconfiguration 305,000 53,641 251,359 14 210004 Fire Stations - Minor Projects at Various Stations 300,000 251,635 48,365 15 210005 Citywide Parking Study 135,000 121,461 13,539 16 210010 Citywide Community Choice Energy Study 150,000 - 150,000 17 210012 City Hall-Paint, Carpet & Misc. Improvements 200,000 146,915 53,085 18 210013 Fire Station 4 Training Tower & Grounds
Reconstruction
3,600,000 - 3,600,000
19 210014 Fire Station 6 Roof Replacement 192,500 - 192,500 20 210015 Police Dept - Emergency Comm Facilities Remodel 330,000 - 330,000 21 210016 Police Dept - Parking Lot Reconfiguration 203,500 - 203,500 22 210017 Police Dept - Structural Foundation Repair 330,000 - 330,000 23 300005 Adams Ave Imp RMRA 2,278,862 - 2,278,862
24 300008 Wilson Street Improvements 1,835,000 606,965 1,228,035 405

CAPITAL IMPROVEMENT PROGRAM (CONTINUED)
Ongoing Capital Improvement Projects
Remaining Balances as of 3/13/23

TOTAL ALL FUNDS
No. Proj # Project Name Budget Actuals
Remaining
Balance
25 300148 Citywide Bicycle Rack Improvements 250,000 71,518 178,482 26 300162 I-405 Improvements 644,400 576,511 67,889
27 300163 Citywide Neighborhood Traffic Improvements 487,800 374,689 113,111 28 300169 Newport Blvd Improvement - Victoria /22nd to 19th 1,178,820 89,926 1,088,894 29 300171 SB Newport Blvd Improvement (Mesa to Victoria) 1,965,652 92,331 1,873,321 30 300172 Pavement Mitigation I -405 Project 661,980 - 661,980 31 300173 Newport Blvd Improvement NB (22nd to Bristol) &SB (Bristol to Mesa)
2,134,145 89,616 2,044,529
32 300174 Adams at Pinecreek Improvements 937,453 99,738 837,715 33 300177 CDBG Westside Street Improvements- Wilson Street 857,000 - 857,000 34 300178 Sunflower Ave Rehabilitation Project 2,570,782 - 2,570,782 35 300179 Adams Ave Active Transportation Project 1,250,000 - 1,250,000 36 300180 Bicycle Safety Education- 16 Schools 150,000 - 150,000 37 300181 Fairview Road Improvement Project 581,116 - 581,116 38 350030 Westside Restoration Project 725,000 110,651 614,349 39 360003 Citywide Bicycle Trail Wayfinding Signage 75,000 21,748 53,252 40 370010 Mesa Del Mar Multimodal Access 300,000 4,071 295,929 41 370039 Baker/Placentia /19th/ Victoria Traffic Signal Synchronization
2,216,000 904,477 1,311,523
42 370056 Bear Street Traffic Signal Synchronization 636,253 596,706 39,547 43 370057 Red Hill Ave Traffic Signal Synchronization 66,080 - 66,080 44 370059 W.19th Wallace Ave Traffic Signal 330,000 30,922 299,078 45 400012 Citywide Alley Improvements 3,573,019 2,533,908 1,039,111 46 400015 Citywide Street Improvements 38,051,440 27,534,888 10,516,552 47 450009 West 19th Bicycle Lanes and Route 397,710 339,498 58,212 48 450010 Citywide Class II, III and IV Bicycle Projects 1,020,461 23,134 997,327 406

CAPITAL IMPROVEMENT PROGRAM (CONTINUED)
Ongoing Capital Improvement Projects
Remaining Balances as of 3/13/23

TOTAL ALL FUNDS
No. Proj # Project Name Budget Actuals
Remaining
Balance
49 450013 Adams Ave Multi-Purpose Trail 325,000 150,781 174,219 50 450014 Adams Ave Bicycle Facility Project 132,547 114,712 17,835 51 450015 Bicycle/Pedestrian Infrastructure Improvements 400,000 26,873 373,127 52 450016 Mesa/Santa Ana Bicycle Facility Improvements 100,000 - 100,000 53 450017 MV/Peterson Pl Class II Bicycle Facility 100,000 - 100,000 54 470002 West 18th & Wilson Crosswalks 400,000 24,684 375,316 55 500009 New Sidewalk / Missing Link Program 891,525 691,525 200,000 56 500010 Parkway Maintenance Program Citywide 1,675,000 465,091 1,209,909 57 500017 Priority Sidewalk Repair 400,000 246,268 153,732 58 550008 Citywide Catch Basin Insert and Water Quality Improvement
273,213 217,330 55,883
59 550011 Citywide Storm Drain Improvements - Fairview Park Storm
353,055 - 353,055
60 550011 Citywide Storm Drain Improvements 2,395,842 1,150,149 1,245,693 61 550021 Bristol Street Storm Drain Diversion Project 1,848,500 1,782,976 65,524 62 550022 Westside Storm Drain Improvements 1,600,000 74,351 1,525,649 63 550023 Placentia Ave. Stormwater Quality Trash Full-Capture System
385,000 - 385,000
64 700021 Wilson TeWinkle Park Bridge Repairs 200,000 22,902 177,098 65 700027 TeWinkle Park - Skate Park Expansion 170,000 37,841 132,159 66 700054 Westside Park Development 250,000 - 250,000
67 700080 Park Security Lighting Replacement 299,880 237,629 62,251 68 700106 Various Parks - Sidewalk Replacement 64,686 - 64,686 69 700110 Open Space Master Plan Update 275,000 183,408 91,592 70 700111 Various Parks Rehab Parking Lots 70,000 - 70,000 71 700115 Jack Hammett Sports Complex ADA Improvements 2,776,652 2,361,037 415,615 72 700128 Park Sidewalk Accessibility Program 190,000 46,000 144,000 407

CAPITAL IMPROVEMENT PROGRAM (CONTINUED)
Ongoing Capital Improvement Projects
Remaining Balances as of 3/13/23

TOTAL ALL FUNDS
No. Proj # Project Name Budget Actuals
Remaining
Balance
73 700129 Shalimar Park Improvements 250,000 - 250,000
74 700132 Fairview Park - Vernal Pool Restoration 317,378 140,047 177,331 75 700133 Canyon Park Inventory Management & Restoration 60,000 - 60,000 76 700134 Fairview Park Fence Sign Trail 150,000 5,898 144,102 77 700135 Fairview Park Master Plan Update 250,000 - 250,000 78 700137 TeWinkle Park Lakes Repairs 132,475 90,300 42,175 79 700139 Ketchum-Libolt Park Expansion 1,297,520 - 1,297,520 80 700140 Costa Mesa Tennis Center Improvements 300,000 - 300,000 81 700141 Costa Mesa Country Club Modernization 350,000 - 350,000 82 700142 Brentwood Park Improvements 250,000 - 250,000 83 700143 Butterfly Gardens 100,000 - 100,000
84 700144 Fairview Park-Pump Station & Westlands
Recirculation System
155,000 56,190 98,810
85 700145 Shalimar Park Expansion 1,000,000 - 1,000,000 86 700146 Various Parks - Playground Repair and Replacement 50,000 5,911 44,089 87 800015 Lions Park Projects & NCC- Library Development 38,835,504 38,384,155 451,349 88 800029 EOC Equipment Update 150,000 9,644 140,356
89 800030 Senior Center Fire Alarm Panel 71,500 - 71,500 90 800031 Westside Police Sub-Station Improvements 211,125 - 211,125 Total Ongoing Capital Improvement Projects $ 141,760,881 $ 86,162,416 $ 55,598,465 408

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1329 Meeting Date: 8/1/2023
TITLE:

PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY VISIONING AND LAND USE

PLANNING SERVICES FOR THE FAIRVIEW DEVELOPMENTAL CENTER DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: JENNIFER LE, DIRECTOR OF ECONOMIC AND

DEVELOPMENT SERVICES
CONTACT INFORMATION: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES, (714) 754-5270
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the City Manager and City Clerk to appropriate and execute a Professional Services Agreement with PlaceWorks for a not-to-exceed amount of $2,236,253 (including contingencies to cover any unforeseen costs and/or additional services that may be needed upon City staff’s approval) for a two-year period with up to three one-year extensions, in substantially the same form as attached and in such final form as approved by the City Attorney.

2. Authorize the City Manager or designee to execute the agreement and any future amendments to the agreement including increases to the not-to-exceed amount, up to the $3.5 million authorized by the State for this project, as and if needed.

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City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 23-1329 Meeting Date: 8/01/2023
TITLE: PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY VISIONING AND LAND USE

PLANNING SERVICES FOR THE FAIRVIEW DEVELOPMENTAL CENTER

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION
PRESENTED BY: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES CONTACT INFORMATION : JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES, (714) 754-5270
RECOMMENDATION:

Staff recommends the City Council:

2. Authorize the City Manager or designee to execute the agreement and any future amendments to the agreement including increases to the not -to-exceed amount , up to the $3.5 million authorized by the State for this project, as and if needed.

BACKGROUND:

At its meeting of October 4, 2022, the City Council approved and authorized the City Manager to execute an Agreement with the State of California to fund planning services relating to the Fairview Developmental Center (FDC) site. The Agreement was subsequently executed on January 29, 2023.

The FDC site is a 109-acre property owned by the State of California located at 2501 Harbor Blvd in the City of Costa Mesa. The site was developed and previously operated by the State as a residence for developmentally disabled persons, but is now largely vacant. The site is designated as a Housing Opportunity Site in the City’s Housing Element. The Agreement with the State is based on SB 188 (approved in 2022) and Government Code Section 14670.31, which outlines the general terms under which the State of California, through the Department of General Services and the Department of Developmental Services, will collaborate with the City to determine the future of the F DC site. This Section sets forth the State’s goals and requirements for the disposition of the property and a land use planning process to be conducted by the City for the future use of the property and allocates $3.5 million in funding for that intended purpose. The staff report describing the agreement with the State is included as Attachment 1. The agreement with the State is included as Attachment 2.

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Item #: 23-1329 Meeting Date: 8/01/2023

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ANALYSIS:

On June 13, 2023, the City issued a Request for Proposals (RFP) for the FDC project. Two hundred firms were invited to submit proposals, and the RFP was advertised on PlanetBids. The City received proposals from four firms. All four proposals were determined to meet the minimum requirements.

Since the development of the Specific Plan for t he FDC includes infrastructure plans as well as outreach, zoning and general plan components, a team of staff from the Public Works and Development Services Departments objectively evaluated each proposal. Proposals were rated based on technical information, approach to the project, and the qualifications of the consultant team.

After a thorough evaluation, staff recommends that the City Council award the Professional Services Agreement to PlaceWorks. This firm has extensive experience preparing Specific Plans, amendments to General Plans, economic analyses, environmental analyses, and urban design plans. The firm has also conducted many successful public outreach programs for land use plans. The PlaceWorks team includes Fuscoe Engineering, Gensler Architects and Design , Fehr & Peers Transportation Consultants, Developers Research Associates, and ECORP Consulting to provide the full range of services necessary to complete the work products and tasks identified in the RFP. Staff believes that the PlaceWorks team submitted a proposal that is responsive to the RFP and is fully competent to prepare the FDC Specific Plan, associated General Plan amendment, and supporting documents.

The draft Professional Services Agreement, proposal and cost proposal are included as Attachment 3.

Developing a successful vision for this site will require extensive outreach and community involvement.

PlaceWorks’ proposal includes a robust and inclusive community visioning and engagement program intended to provide convenient and meaningful ways for the public to provide input at critical stages of the planning process. PlaceWorks’ community outreach program includes creating a project website to share project information and status updates throughout the project ; conducting four community workshops in person and online and hosting community “pop up” events; conducting interviews and roundtables with community stakeholder groups including affordable housing advocates, housing developers, and neighborhood groups; and holding two anticipated study sessions with the Planning Commission and City Council. Outreach materials, surveys, social media, fact sheets, and flyers will also be developed. The engagement plan details would be finalized in coordination with City staff to ensure a targeted approach that connects the team with the hard-to-reach populations in Costa Mesa including but not limited to segments of the community that may experience mobility, technology or language barriers.

PlaceWorks will also conduct a market demand and economic feasibility analysis to inform the development of future land use concepts ; a report on existing site conditions; and a water supply assessment that is required by State law for residential projects. Three alternative land use concepts will be developed and will include an urban design strategy diagram, neighborhood crafting, a mix of housing types, housing affordability levels, and support services, an analysis of the opportunity for potential adaptive reuse of buildings, the street network along with pedestrian and bike infrastructure and facilities, parking strategy, open space and connected systems, public realm amenities, building form and key design elements, and supporting infrastructure. PlaceWorks will utilize visual tools and cutting edge technology to assist the community in visualizing, evaluating and providing feedback on the land use concept alternatives for the site. These alternatives will be analyzed for market feasibility, traffic management and circulation opportunities, development feasibility, the extent to 411

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which the land use concept meets City and State goals for the property, anticipated funding, and timing of improvements.

After public review of the land use con cepts, a preferred land use plan will be identified and the consultant will commence preparation of a Specific Plan . The Specific Plan will include a land use plan, infrastructure plan, open space plan, affordable housing requirements, development standards, design guidelines and a financing and implementation plan as well as all other required elements .

An Environmental Impact Report (EIR) assessing the project’s environmental impacts, reasonable and feasible alternatives, and required mitigation measures will also be completed.

If awarded, PlaceWorks would kick off the project in September of this year. Community engagement activities and technical work would commence the following month, with land use concepts developed by Spring 2024. Based on the preliminary milestone schedule, the draft Specific Plan would be released by Fall 2024 and the draft EIR would be circulated for public review in Winter 2024/Spring 2025.

Revisions, public hearings, final documents and coordination with the State land disposition process would occur by the end of 2025. The preliminary milestone schedule is consistent with the timeframes outlined in the City’s agreement with the State.

ALTERNATIVES:

Alternatives to this recommendation include awarding the PSA to another proposer, or rejecting all proposals and readvertising the RFP.

FISCAL REVIEW:

SB 188 (approved in 2022), Government Code Section 14670.31 and the associated Agreement between the State and the City (Attachment 2) provide for up to $3.5 million in State funds to complete the Fairview Developmental Center Specific Plan and associated work. The City received the State grant funds in full.

The not-to-exceed cost of the subject Agreement is $2,236,253 (including contingencies to cover any unforeseen costs and/or additional services that may be needed upon City staff’s approval). For a project of this magnitude, it is common for unanticipated out of scope items to be identified during the planning process; therefore, staff’s recommendation includes authorization for the City Manager to approve future amendments to this agreement, so long as such costs are covered by the State grant funds and do not affect the City’s General Fund. State grant funding will cover the cost of the Professional Services Agreement and any future amendments and will also cover the cost of staff time to manage the project.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this staff report and prepared the Agreement and has approved them as to form.

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CITY COUNCIL GOALS AND PRIORITIES:

Creating a plan for the FDC supports the following City Council Goal:
 Diversify, Stabilize, and Increase Housing to Reflect Community Needs CONCLUSION:

Staff recommends the City Council:

2. Authorize the City Manager or designee to execute the agreement and any future amendments to the agreement including increases to the not -to-exceed amount, up to the $3.5 million authorized by the State for this project, as and if needed.

413
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-863 Meeting Date: 10/4/2022
TITLE:

SCOPE OF WORK FOR AN AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF COSTA MESA, PROVIDING FOR $3.5 MILLION IN STATE FUNDS TO THE CITY FOR

COMMUNITY OUTREACH AND LAND USE PLANNING EFFORTS FOR THE FAIRVIEW

DEVELOPMENTAL CENTER SITE
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION
PRESENTED BY: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES CONTACT INFORMATION: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES, (714) 754-5617
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the scope of work and related exhibits for an Agreement with the State of California to fund planning services relating to the Fairview Developmental Center, in a form of standard agreement to be approved by the City Attorney.

2. Authorize the City Manager and the City Clerk to execute any and all documents necessary for this Agreement.

3. Authorize revenue and expense appropriations in the amount of $3.5 million respectively, for the Agreement between the City of Costa Mesa and the State of California.

BACKGROUND:

The Fairview Developmental Center (FDC) site is a 109-acre property owned by the State of California located at 2501 Harbor in the City of Costa Mesa. The site was developed and previously operated by the State as a residence for developmentally disabled persons, but is now largely vacant. The site has been the subject of discussion between various agencies over the years as to its future potential use and disposition.

In 2020, the City Council created an Ad Hoc Committee to advise staff on matters related to the FDC and present recommendations to the City Council as needed. In 2020, the Council identified a vision statement for FDC that included support for 1,500 mixed use/mixed income housing units at the site, including workforce, veterans, and permanent supportive housing. The Council directed

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ATTACHMENT 1
414
File #: 22-863 Meeting Date: 10/4/2022
the site, including workforce, veterans, and permanent supportive housing. The Council directed staff to continue to coordinate with the State with the goal of maintaining local input into future development options and the final disposition of the site.

The City’sHousing Element as adopted on February 1, 2022 lists FDC as a housing opportunity site and estimated approximately 2,300 housing units could be accommodated at the location. It also included a “program”or future action calling for the City to continue to coordinate with the State to define future uses including establishment of a Specific Plan to allow for residential development at the site consistent with the Housing Element.

In June 2022, the State approved Government Code Section 14670.31, which outlines the general terms under which the State of California, through the Department of General Services and the Department of Developmental Services, will collaborate with the City to determine the future of the FDC site. This Section sets forth the State’s goals and requirements for the disposition of the property and a land use planning process to be conducted by the City for the future use of the property and allocates $3.5 million in funding for that intended purpose. The subject Agreement between the City and the State memorializes the funding allocation and its intended use.

ANALYSIS:

The subject Agreement is between the City of Costa Mesa and the State of California (State). It stipulates that the State will provide up to $3.5 million in funds to the City to support an up to three- year agreement for a City-led local outreach and land planning effort for the FDC site. The funds will be provided to the City within 30 days of the date of the Agreement to pay for costs associated with planning for future land uses at the FDC site, to include the following:
· Robust Community Engagement including but not limited to meetings, townhalls, and design charrettes and presentations;
· Comprehensive Conditions Report;
· Technical studies including economic market demand report, water supply assessment, and other infrastructure studies;
· Creation of site concepts, concept drawings, and exhibits; · Conceptual Alternatives and a Preferred Plan Framework; · Preparation of a Specific Plan and associated implementation strategies; · Associated General Plan and Zoning amendments (as appropriate); · Preparation of a draft and final Environmental Impact Report, associated technical studies, and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act (CEQA);
· Public Hearings; and
· City review of a State-prepared Request for Proposals to retain a consultant to construct the local vision as established by the City.

Funds may be used to retain consultants as well as for staff costs associated with the management, oversight, review, tracking, and reporting associated with the land use planning and site disposition process.

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File #: 22-863 Meeting Date: 10/4/2022
Consistent with the Government Code, the Agreement specifies that:
· Housing shall be a priority in the planning process;
· Any housing that is determined to be appropriate for the property shall include affordable housing; and
· Any housing opportunities on the property shall give priority to projects that include deed restricted housing for individuals with developmental disabilities.

The City must complete the final draft Specific Plan and associated documents within three years of the date of the Agreement and report to the State quarterly as to its progress and expenditures.

Should the Council approve the Agreement, staff will assemble a project team; release an RFP for consultant services; and begin preliminary planning efforts.

ALTERNATIVES:

The City Council could modify the specifications of this project (subject to concurrence by the State) or not approve staff’s recommendation.

FISCAL REVIEW:

This action does not have a fiscal impact to the General Fund. Upon approval of the Agreement and acceptance of the funds from the State of California, revenue and expense appropriations in the amount of $3.5 million respectively will be established for the FDC site.

LEGAL REVIEW:

This agenda report and the Contract have been reviewed and approved as to form.

CITY COUNCIL GOALS AND PRIORITIES:

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

Staff recommends that the City Council approve the scope of work and related exhibits for an Agreement with the State of California to fund planning services relating to the Fairview Developmental Center, in a form of standard agreement to be approved by the City Attorney, and authorize the City Manager and City Clerk to execute any and all documents necessary for the Agreement, and to approve related revenue and expense appropriations.

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ATTACHMENT 1

EXHIBIT A

SCOPE OF WORK

In accordance with the provisions of Government Code section 14670.31, the Department of Developmental Services (hereinafter “Department”) and the City of Costa Mesa (hereinafter “City”) do agree as follows:

1. In June 2022, the State Legislature passed, and the Governor approved, Government Code section 14670.31 , outlining the general terms under which the State of California, through the Department, will partner with the City to determine the future of the state-owned real property known as the Fairview Developmental Center, located in Costa Mesa, California (the “property”). Government Code section 14670.31 became effective on June 30, 2022, and sets forth the state’s goals and requirements for the disposition of the property by the Department and a land use planning process to be conducted by the City for the future use of the property.

2. The Department will pay the City for costs associated with land use planning services and management of the land use planning process related to the property to determine the appropriate future land uses and development potential of the property. Eligible costs are specified in section A.4 of Exhibit B.

3. The planning services shall include completing an Environmental Impact Report, which may be at a project- or programmatic- level (EIR), completing a report on the economic feasibility of future development, and developing a Specific Plan and related documents to facilitate the disposition of the property, as contemplated by Government Code section 14670.31. The Specific Plan and related documents shall be consistent with Government Code section 65450, et seq., and the City General Plan, as may be amended. The final draft Specific Plan shall identify the allowable land uses for the property, including allowable locations, densities and or intensities for development, the infrastructure necessary to support the buildout of the Specific Plan and Specific Plan implementation measures. The final draft Specific Plan may include design guidelines to clarify the desired form of development on the property. An EIR will analyze Plan buildout. The final draft Specific Plan may be accompanied by associated draft amendments to the City’s General Plan and Zoning Code to ensure consistency among these regulatory documents. Subject to section 5 of this agreement, the land use planning process, final draft Specific Plan and related documents shall meet all provisions of Government Code section 14670.31 including, but not limited to:

A. Housing shall be a priority in the planning process; B. Any housing that is determined to be appropriate for the property shall include affordable housing;
C. Any housing opportunities on the property shall give priority to projects that include deed restricted housing for individuals with developmental disabilities.

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4. The City shall provide land use planning services necessary for the development of a Specific Plan for the property as specified in Government Code section 14670.31 including , but not limited to, the following deliverables (collectively, the “Specific Plan project”):

A. Robust Community Engagement Strategy (and implementation thereof) B. Comprehensive Conditions Report on the property and its setting C. Economic Market Demand Report
D. Water Supply Assessment and coordination among Water Agencies E. Project Conceptual Alternatives & a Preferred Plan Framework F. Draft Specific Plan with Implementation Strategies
G. Public Draft Initial Study and Notice of Preparation, if required H. Public Draft Environmental Impact Report
I. Draft Final Environmental Impact Report and Mitigation Monitoring and Reporting Program
J. Final Draft Specific Plan and Environmental Impact Report K. Public hearings for EIR certification and Specific Plan adoption, including any General Plan and zoning amendments identified as necessary for consistency.

5. This agreement does not prescribe the contents of the specific plan and related planning documents, and does not constitute a commitment to any definite course of action beyond the land use planning process and services set forth in this agreement and in accordance with Government Code section 14670.31. The City will conduct the environmental review process to inform the contents of the specific plan and related planning documents, in compliance with the California Environmental Quality Act (“CEQA”), and will consider community input and the plan objectives identified in Government Code section 14670.31. This agreement shall not commit the City Council to a particular legislative act. The City retains full discretion as the planning agency and lead agency to (i) develop, revise, and determine the contents of the specific plan considering community input and the environmental review process; (ii) select and consider a reasonable range of alternatives in compliance with CEQA; (iii) consider the benefits of adopting a specific plan against any unavoidable significant environmental impacts, if any, prior to taking final action; and/or (iv) adopt an alternative or revised specific plan or determine not to proceed with adoption of a specific plan.

6. The Specific Plan and the associated EIR shall be developed, with any related General Plan Amendments and Zoning Amendments as necessary, in final form for consideration by the City Council, within three years of the City’s acceptance of this agreement. Exhibit B-2 provides a schedule for Specific Plan completion including major deliverables. Modifications to the proposed schedule that may impact the final deadline must be approved by both Parties in writing. This agreement shall not commit the City Council to a particular legislative act.

7. The City shall provide the Department with quarterly reports as follows:

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a. The City shall provide the Department with quarterly reports by the last day of each calendar quarter, starting with the end of quarter following the execution of this agreement and each quarter thereafter. Reports shall include the following:
i. City’s costs for land use planning services including copies of itemized consultant invoices received and paid during the previous quarter, receipts for other authorized expenses paid during the preceding quarter, and an accounting of all City staff time billed against the project. ii. A progress report that compares the current status with the project schedule and includes a list of deliverables completed and the estimated dates for completion of the remaining deliverables.
b. Reports shall be submitted to:
i. Frances Chacon; [email protected]

8. The City shall submit information required by Government Code section 14670.31 and this agreement in a timely manner to include an accounting of the City’s expenditures and progress toward a final specific plan among the disclosed information.

9. Preparation for or attendance by City staff or consultants at meetings outside of the scope of work identified for the preparation of the Specific Plan project and costs in excess of $3.5 million shall be the responsibility of the City.

10. The Authorized Representatives during the term of this agreement will be:

City of Costa Mesa
Jennifer Le
Director of Economic and Development Services
City of Costa Mesa
77 Fair Drive, Costa Mesa, CA 92626
(714) 754-5617
[email protected]

Department of Developmental Services
Carla Castañeda
1215 O St, 9th Floor
Sacramento, CA 95814
(916) 654-1897
[email protected]

11. The City will manage the land use planning process, and the Department of General Services (DGS) will carry out the disposition process in accordance with Government Code section 14670.31. To facilitate the expeditious land use planning and disposition process, it is expected that DGS will issue an RFP and solicit proposals to develop the property during the land use planning process, subject to 419

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consistency with any final, approved Specific Plan.

12. At the DGS’s request, the City shall review and provide comment on the DGS’s RFP to dispose of and/or develop the property at such time that the RFP is prepared and prior to its issuance. The City shall review the RFP to provide comments on its consistency with the land use planning process for the Specific Plan.

13. At DGS’s request and in a manner prescribed by the Department, the City shall review any proposals submitted in response to the DGS’s RFP to develop the property and provide comment on the potential inconsistencies with the final Specific Plan.

14. Under an at-cost agreement or other cost reimbursement mechanism between the selected developer(s) or buyer(s) and the City of Costa Mesa, the City shall promptly process all applications for project specific entitlements upon application by the selected buyer(s) or developer(s), to ensure the integration of the land use planning process with the disposition process for the property in accordance with Government Code section 14670.31. While the Department and the City recognize that complete processing of project-specific entitlements may not occur within the period of this agreement, both parties commit to using reasonable efforts to carry out the land use planning and disposition process in a cooperative manner and to the expeditious planning of future land uses for the property. The Department and the City contemplate that certain processing activity may occur concurrently with the Specific Plan process or thereafter, including for example the following:

a. A developer or buyer may submit entitlements concurrent with the Specific Plan process to reduce timeframe or phase entitlements with Master Plan/Preliminary Plan.
b. A developer or buyer may submit entitlement applications for subdivision and concurrent tentative maps/precise development plans or phase these. c. Final Design Review may be done concurrently or sequentially with grading and building plans.

15. The Department and the City each recognize that time is of the essence necessitating prompt review and processing of the items subject to this agreement.

16. In the event the City does not adopt a specific plan, the State of California reserves its right to pursue, through the Department, other disposition alternatives as permitted by law.
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EXHIBIT B

BUDGET DETAIL PROVISIONS

A. Reporting

1. The City shall provide the Department with quarterly reports that include the City’s costs for land use planning services, and including consultant costs, under this agreement and a progress report that compares the current status with the project schedule and includes a list of deliverables completed and the estimated dates for completion of the remaining deliverables. The cost report shall include copies of:
1) itemized consultant invoices received and paid during the previous quarter, 2) receipts for other authorized expenses paid during the previous quarter, and 3) an accounting of all City staff time billed against the project.

2. Quarterly reports will be submitted quarterly in arrears to:

Frances Chacon
Department of Developmental Services
1215 O St, 9th Floor
Sacramento, CA 95814

Gerald G. McLaughlin
Asset Management Branch
Department of General Services
State of California
707 3rd Street, 5th Floor
West Sacramento, CA 95605

3. The total amount paid by the Department under this agreement shall not exceed $3.5 million. The Department will advance $3.5 million to the City within 30 days of execution of this agreement to be credited to a dedicated trust account at the City. In the event the City’s cost for land use planning services and consultant costs is less than $3.5 million, or the agreement is canceled for any reason, or no reason at all, the City shall reimburse the Department any unspent funds.

4. Costs incurred by the City to carry out the land use planning activities provided in this agreement and in Government Code section 14670.31 for disposition of the property, may be paid for under this agreement, include but are not limited to:

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a. City staff and consultant costs specifically related to the development and possible approval of a Specific Plan, General Plan amendment, related draft ordinances, and rezone of Fairview Developmental Center. City costs include planning services, project management and oversight of staff and consultants, contract management, legal services, analyst services, clerical services, GIS mapping, as well as software, time, and materials prorated accordingly as needed to fulfill the scope of services for the Specific Plan and associated documents.

Such costs may include those for: preparation of agendas, meeting notices, minutes; public notice, mailers, web postings, site signs; GIS services (maps); studies review; preparation and attendance at internal, stakeholder and community meetings; public affairs and communications; creating presentations; reviewing all Consultant- generated materials associated with the preparation of a draft Specific Plan, its associated EIR, and any draft General Plan or Zoning Amendments; preparation and review of quarterly reports and invoices; reviewing State Request for Proposal and developer proposal(s); reviewing Developer Agreements; and processing developer entitlements subject to reimbursement of developer’s entitlement processing fees on an at-cost basis under a signed agreement or other cost reimbursement mechanism between the developer(s) and the City of Costa Mesa. The consultant costs include the Deliverables in Exhibit A; and

b. Other reasonable and necessary costs determined by the Department to be incurred for the purpose of the City’s preparation of a draft Specific Plan and its related management of the land use planning process for the property, including but not limited to costs associated with securing a consultant to support the City’s preparation of a Specific Plan through a competitive Request for Proposals (RFP) and any preparatory work related to the RFP process in accordance with Government Code section 14670.31.

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EXHIBIT B-1
Integrated Process for City Planning and State
Disposition of the Fairview Developmental Center Site

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EXHIBIT C
MODIFIED General Terms and Conditions
(Modifies GTC 04/2017 version)

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required.

Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.

Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
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7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided.

In the event of such termination the State may proceed with the work in any manner deemed proper by the State. Any portion of the advance payment to the City which is unspent at such time shall be returned to the State.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of 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 and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of 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 and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
§11105.)

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

10. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
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11. TIMELINESS: Time is of the essence in this Agreement.

12. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

13. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

14. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

15. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

16. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

17. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. The Department and the City agree that this agreement may be amended by written mutual consent of the parties hereto.

2. The City agrees to provide the Department with any resolution, motion, order or ordinance of the City’s governing body needed to authorize execution of this agreement.
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SCO ID:

STATEOFCALIFORNIA - DEPARTMENT OFGENERALSERVICES

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of Developmental Services

CONTRACTORNAME
City of Costa Mesa

2. The term of this Agreement is:

START DATE
October 2022, or upon DGS/OLS approval, whichever is later

THROUGHEND DATE
3 years from the date of DGS/OLS approval

3. The maximum amount of this Agreement is:
$3,500,000 – Three Million, Five Hundred Thousand Dollars

4. The partiesagree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages
Exhibit A Scope of Work 1-4
Exhibit B Budget Detail and Payment Provisions 5-7
Exhibit C * General Terms and Conditions 8-10
+
-
Exhibit D Special Terms and Conditions 11
Itemsshown withanasterisk(*), arehereby incorporatedby referenceandmadepartof this agreementas if attachedhereto.

Thesedocumentscanbeviewedaht ttps://www.dgs.ca.gov/OLS/Resources INWITNESSWHEREOF,THISAGREEMENTHASBEENEXECUTEDBYTHEPARTIESHERETO.

CONTRACTOR

CONTRACTORNAME (if other than an individual, state whether a corporation, partnership, etc.) City of Costa Mesa

CONTRACTORBUSINESS ADDRESS
77 Fair Drive
CITY
Costa Mesa
STATE
CA
ZIP
92626

PRINTED NAMEOFPERSONSIGNING
Jennifer Le
TITLE
Director of Economic and Development Services

CONTRACTORAUTHORIZED SIGNATURE DATESIGNED

CONTRACTING AGENCY NAME

STATE OFCALIFORNIA
Department of Developmental Services

CONTRACTING AGENCY ADDRESS
1215 O St, 9th Floor
CITY
Sacramento
STATE
CA
ZIP
95814

PRINTED NAMEOFPERSONSIGNING
Carla Castañeda
TITLE
Chief Deputy Director, Operations

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATESIGNED
Reset Form
Print Form
PURCHASING AUTHORITY NUMBER (If Applicable)
HD229061
428

CALIFORNIA DEPARTMENT OFGENERALSERVICESAPPROVAL EXEMPTION (If Applicable)

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ATTACHMENT 2
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XXXXXXX Cynthia Robinson
12/29/2022
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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH

PLACEWORKS, INC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1ST day of August, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and PLACEWORKS, INC., a California corporation (“Consultant”).

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

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

1.0. SERVICES PROVIDED BY CONSULTANT

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

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

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
ATTACHMENT 3
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(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments 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 Consultant’s performance under this Agreement.

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

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

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

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

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the Cost Proposal set forth in Exhibit “C,” attached hereto and made a part of this Agreement. Consultant’s total compensation shall not exceed $ 2,038,110.00.
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2.2. Additional Services. A contingency in the amount of $198,143.00 is established for potential additional services that may be identified during performance of the scope of services of this Agreement and which are within the general work parameters of the scope of services.

Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal or above the maximum compensation set forth in Section

2.1, unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to 456
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the other except for those rights and liabilities that accrued prior to the date of termination.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 24 months, ending on July 31, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by three additional one year periods upon mutual written agreement of both parties.

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

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

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

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:

(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.

(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars 457
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($1,000,000.00) combined single limit per accident for bodily injury and property damage.

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

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

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

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

(c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

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

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

6.0. GENERAL PROVISIONS

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

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

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

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

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

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

IF TO CONSULTANT: IF TO CITY:

Placeworks City of Costa Mesa
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3 MacArthur Place, Suite 110
Santa Ana, CA 92707
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 966-9220, ext 2347 Tel: (714) 754-5617
Attn: Karen Gulley Attn: Jennifer Le

Courtesy copy to:

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

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

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

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

6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

against the City, its elected officials, officers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

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

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

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

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

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

6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

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

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

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.

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

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

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

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

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

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

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

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

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

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

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

6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, 463
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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.

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

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

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

CONSULTANT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

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APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

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APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Jennifer Le
Development Services 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

CONSULTANT’S PROPOSAL

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Proposal for Services | July 7 , 2023
Fairview Development Center
Specific Plan
for the City of Costa Mesa
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Fairview Development Center
Specific Plan
for the City of Costa Mesa
Proposal for Services | July 7 , 2023
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE PLACEWORKS.COM
Prepared By: PlaceWorks
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
t 714.966.9220
519
July 7, 2023
Stephanie Urueta
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
Subject: Fairview Development Center Specific Plan and EIR Dear Stephanie:

Please accept the attached submittal as PlaceWorks’ proposal to prepare the Fairview Development Center Specific Plan and EIR for the City of Costa Mesa (City).

For this once -in-a-lifetime project, you need a team that knows Costa Mesa, the Orange County market, and how to craft and entitle plans that will be successfully implemented. You also need a team that understands housing in all its forms, and how to design complete neighborhoods that become cherished places in a community. You need a team that regularly works with state, regional, and local agencies – understanding what it takes to navigate, negotiate, and find the right solutions for a project. And finally, you need a team that knows how to run a transparent public engagement process where input is meaningful for both the Specific Plan and future development plans. We are that team.

We are teamed with the following exceptionally talented local firms: Gensler, Fuscoe Engineering , Fehr & Peers Transportation Consultants , Developers Research Services , and ECORP Consulting . The qualifications and experience of our team is de monstrated throughout this proposal.

We believe are the right team, with qualifications, and the right approach to be your partner for this project. Our collective experience with affordable housing, specific plans, outreach, development, architectural and landscape design, and environmental assessment is relevant and extensive. Not only do we prepare plans that get implemented, but we are often asked to provide ongoing staff services during the implementation process.

This Specific Plan project will be managed by PlaceWorks’ Orange County office, located at the following address: 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707.

Please do not hesitate to contact me if you need more information. The PlaceWorks team looks forward to working with you on this interesting and challenging project.

Respectfully submitted,

PLACEWORKS

Karen Gulley
Managing Principal, Design
(714) 966-9220
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TABLE OF CONTENTS

1. BACKGROUND AND PROJECT SUMMARY 1

2. PROJECT APPROACH & METHODOLOGY2
Scope of Work ...................................................................................... 2 Schedule, Management Approach, and Quality Control .................... 16

3. QUALIFICATIONS & EXPERIENCE 18
PlaceWorks .........................................................................................18 Representative Projects ......................................................................20 Additional Project Examples (PlaceWorks + Subconsultants) ............ 22

4. KEY PERSONNEL 27
Qualifications Summary ..................................................................... 27

APPENDIX
A: FINANCIAL CAPACITY
APPENDIX B: DISCLOSURE
APPENDIX C: SAMPLE PROFESSIONAL SERVICE AGREEMENT
APPENDIX D: FORMS
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1. BACKGROUND AND PROJECT SUMMARY
Over 100 acres of land available for development in Costa Mesa is an unheard -of opportunity. An opportunity to address the underbuilding of housing in the city, to address the pressing need for workforce housing, to provide housing for veterans, individuals with developmental disabilities, and other groups, to create a new and unique walkable, mixed -income, mixed -use community in built -out Costa Mesa. Yet the site is predominantly surrounded by a very popular public golf cour se and has many existing buildings which might or might not be suitable for reuse. It is off the beaten path, without visibility to the major thoroughfare, Harbor Boulevard. Successful commercial centers are located just to the north and to the southeast o f the site. And, surrounding neighborhoods can be expected to be leery of increased traffic .

The site is expected to satisfy a large portion of the City’s RHNA requirements. The California Office of Emergency Services is expecting to use a portion of the site for an emergency operations center and lots of questions about it remain. Regular patrons of the Costa Mesa Country Club , and residents from Mesa Verde to College Park to Westside neighborhoods may feel a stake in what happens with the property. Competing with these interests are the realities of the market and what is financially feasible to accomplish.

The Fairview Developmental Center Specific Plan is an unparalleled opportunity – one that will answer the needs and interests of many principals. Our role is to ensure that the final plan is financially feasible , desirable to build, and best addresses the concerns of the community. Our team finds that the following actions are paramount to a successful outcome.

Keys to Success
 Bring together a core team of people that will be engaged from beginning to end. Establish a team structure, including City staff, for conducting each stage of the process where everyone knows their role, timeframe for getting things done, and is working towards a common goal. This includes consistency in the involvement of state representatives, so they understand the process for getting to a preferred alternative and the design/development envelope for the Specific Plan.
 Find a way to keep the process moving even when unresolve d issues arise. Be prepared to run on parallel tracks.
 Keep a small bench of outside advisors, especially in the affordable housing field, that are available to lend their knowledge and expertise as needed. Ensure that this process doesn’t preclude any advisors from being able to bid on the future state-issued RFB.
 Provide sufficient guidance to the state during preparation of the RFB and the evaluation criteria. Be available to the state as needed to answer questions during their review process. Provi de guidance/recommendations to the City regarding potential bidders. Above all, remain OBJECTIVE.  Find the right balance between flexibility and design/development control.  Explore the range of possibilities, so that this unique and valuable property achieves its full potential.  Offer opportunities for community involvement that are based on sufficient information so that residents understand the options available and the tradeoffs. We want residents to contribute to a successful outcome where a develop er(s) is able to move forward with a project that is successful, sustainable, and contributes to the well-being of the community at large. 522

2. PROJECT APPROACH & METHODOLOGY
The following scope emphasizes key components of our approach that includes the Project Objectives from the Request for Proposals (RFP ), Optional Tasks. We recognize that it may be necessary to alter the scope as the project progresses and are happy to work with you in making those adjustments.

The scope also identifies “City To-Do” items that will require your time and expertise that are addition to the timely review of draft products and participation in regular team meetings . Because we have included everything we believe is needed for successful completion of this project there are few Optional Tasks.

Scope of Work
Task 1. Project Kick-off and Ongoing Coordination Meetings Intent: To engage in a discussion and tour with City staff to (1) understand the City’s ideas about the reuse of the property and implementation of the housing element ; (2) ask questions about the background information and existing conditions; ( 3) identify issues and constraints; ( 4) confirm project boundary; and (5) review approach to outreach.

Approach: A successful project requires significant coordination and communication. PlaceWorks will lead the day-to-day project management of the Specific Plan . Regular communication via Zoom calls and email will ensure all members of the team are in the know. We will establish a protocol for email communication, identifying who from the City and the consultant team will be part of the communication. Our project manager will also use a variety of tools, including an ongoing budget and schedule tracking template , to meet the 2025 deadline and milestones along the way. This task also includes coordination with the State Department of Developmental Services and Department of General Services.

1.1 – Project Kick -off Meeting . PlaceWorks will coordinate the project kick- off meeting with our team and appropriate City staff. Ideally, we’d schedule a series of back- to-back meetings at City Hall to provide adequate time for focused discussions with the relevant departments. We will also confirm and refine the scope and schedule. In advance of the meeting, the PlaceWorks team will review available background information and conduct an initial assessment of existing conditions so we are ready to have a productive working session. During this meeting , we will also discuss the community visioning and engagement strategy and program. Following the meetings, we will conduct a tour of the project area with staff.

1.2 – Bi-weekly Meetings. Regular and consistent communication is key to successfully supporting the City of Costa Mesa through the Specific Plan process. For budgeting purposes, we have allocated two hours per month towards this task for key PlaceWorks project team member s, knowing some months will require more coordination than others. Additional time has also been allocated for subconsultants to join the team calls periodically to check in on the status of the ir work. The bi-weekly meetings will be held as virtual Zoom c alls.

1.3 – Day-to-Day Project Management . This task allocates time for maintaining the project budget, schedule, invoicing, and other day- to-day project management activities , such as organizing documents and coordinating meetings with the City, State, and other agencies and stakeholders. 523
Deliverables: Meeting agenda, list of data needs, initial base maps, meeting summary memorandum, any updates to the schedule, community vi sioning/engagement program, and invoice format.

CITY TO-DO: Attend kick -off meeting and tour, participate in bi -weekly calls , and provide input on the community engagement strategy and program.

Task 2. Community Visioning and Engagement
Intent: To conduct an inclusive community engagement process providing convenient and meaningful ways for the public to provide input at critical stages of the planning process, especially in developing a vision for the future of the site, weighing alternative land use/circulation concepts and details of the final plan.

Community engagement also means including key area and industry stakeholders. Our engagement program incorporates the perspective of affordable housing and market- rate housing developers familiar with the Orange County market and trends in housing types, supportive social services, private and public open space amenities, and other aspects of design and uses to complete the new neighborhoods envisioned.

Approach: Our proposed engagement program is based on the objectives identified in the RFP. The following outreach tasks will be the foundation for our community engagement program. This significant project will require a tailored approach to best reach area residents and stakeholders. With the recent and robust housing element outreach process we know that City staff understands the community. Our plan will be refined with you during the kick -off meeting. Our team will lead an effective engagement program that will involve a variety of stakeholders throughout the planning process. We will use a variety of tools to make it easy for anyone to participate both in -person and online. The PlaceWorks team will work with the City to coordinate events and communication. The following subtasks provide detail about our proposed engagement plan.

2.1 – Project Branding and Style Guide . To create citywide project recognition, PlaceWorks will develop a project logo and other branding collateral, including graphic elements, color palette, and fonts that set the theme for the visioning process and the Specific Plan. The logo and style guide package may include a combination of symbols, text, colors, graphics, or photos. We will work with City staff and the State to identify iconic images that represent the Fairview area and future opportunities for the site.

Task 2.2 – Website. PlaceWorks will create and maintain a custom project website using the logo and style guide created in Task 2.1 providing a place for the community and stakeholders to learn and get involved with the Specific Plan project. Using SocialPinPoint, we will integrate interactive Web -based tools for people to provide ideas and input for the vision statement, site and land use alternatives, mobility options, and more.

Our team will also draft eye-catching jpegs or GIFs to coincide with outreach events and project updates.

2.3 – Community Workshops and Pop -Ups. The PlaceWorks team of experienced planners are passionate about inclusive and equitable public engagement. Our engagement plan proposes four workshops during milestones for the project and will be conducted in -person and virtually within the same week ( but on different days ) to engage the community in a format that is comfortable for them. The same content will be shared using online tools to facilitate and collaborate with the community during our virtual events.  Workshop 1: Educate and Inform- During this workshop, the team will provide information about the history of the site, existing conditions, and other City planning efforts, such as the Housing Element. We will also 524
gather community ideas and input to help shape the vision statement. A SocialPinPoint online activity called Visioner will be launched on the website and remain open for two weeks after the workshop allowing people to provide their ideas at a time convenient to them. We anticipate holding a facilitated Q&A session during this workshop to address community questions and concerns. From that discussion and additional City and State input, our team will draft a project Fact Sheet.
 Optional Task: Site tour- A unique guided community walking tour could be provided as a part of workshop one. PlaceWorks has a partnership with Hoffy Tours ( www.hoffytours.com) and would work with Bill Hoffman to design an interesting and informative experience. A narrated, web-hosted drone tour could also be developed and posted to the website.
 Workshop 2: Market Overview and Vision - Share findings of the market study, draft vision statement, and guiding principles. The purpose of the workshop is to share details of the Market Study and lay the foundation for future use of the site. We will include interactive activities and polls to foster participation.  Workshop 3 : Land Use Alternatives - The purpose of this workshop is to gather input on the land use alternatives in Task 6. The PlaceWorks team will lead an interactive workshop walking the community through the various land use alternatives and site circulation ideas.  Workshop 4 : Community Review of the Plan - When the Public Review Draft Specific Plan (Task 8) is complete, the final workshop will give the community the opportunity to provide input on the draft plan. An open house format could be used to collect feedback and ideas on the various topics related to the plan.

The purpose of this workshop is to reassure the community that their input has been heard and incorporated while continuing to solicit feedback and gain support.

In-person workshops are anticipated to be held on the Developmental Center property provided there is suitable space. Other options could include Los Lagos Golf Course banquet room, or another venue that the City can help to secure. Workshop summaries and digital versions of workshop materials will be posted to the project webpage. Spanish translation services have been included in the reimbursables budget.

SocialPinPoint is an online platform to
capture community input. Tools such as
Visioner and Hot Spot will create a unique
online experience for the community to
participate in the planning process.

Mentimeter is a creative workshop platform
that will be used to spark conversation and
document feedback, making it easy to improve
transparency and further collaboration.
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 Pop-ups: A fun and quick interaction with the public, pop -ups are a great way to reach people in the community. Rather than requesting the public to come to us, we go to them. A hosted booth could include flyers, a few boards, and other materials outside of an area grocery store or at a City-sponsored event. For this project, we propose pop -ups to precede a workshop, informing the community of the project and helping to promote an upcoming event. This task assumes that up to two staff from PlaceWorks will be available to organize and facilitate up to two pop-ups.

CITY TO-DO: Post communication to social media through City -maintained accounts, coordinate in -person workshop locations, assist with logistics, and workshop attendance.

2.4 – Vision Statement and Guiding Principles . Informed by Workshop 1, stakeholder/developer round tables (Task 2.4) , and ongoing online communit y engagement, the PlaceWorks team will draft a Vision Statement and set of Guiding Principles for reuse of the Fairview Developmental Center site. PlaceWorks will design a final product that will be graphically interesting with photo s and other imagery so that readers can visualize future possibilities. Since the Vision and Guiding Principles are the foundation for the Specific Plan , it will be shared with the community during Workshop 2 for comment and is recommended to go to City decision makers for appro val (Task 2.7) before commencement of Task 7.

2.5 – Round Table /Stakeholder Interviews . In coordination with the City, we will identify the list of stakeholders to interview , including Mesa Verde, College Park, the Costa Mesa Golf Course, the proposed Emergency Operations Center, area developers, and others (up to 12 interviews). The purpose of these 526
interviews is to give them one -on-one attention and to understand their uniqu e perspective or concerns about future development, and to build a relationship so that they always have the most current and accurate information available throughout the process. We also propose interviews with local affordable housing developers ( e.g., Century Housing, National Core) and service providers in the areas of workforce development, health care, and other potential social services (up to two roundtables). It is important to understand the trends in affordable housing and the “continuum of care ” model as input for the Specific Plan.

2.6 – Outreach Materials, Survey and Social Media, Fact Sheets, Flyers . This task includes time for the PlaceWorks team to create materials to support the workshops with a project fact sheet (and updates) , posters, surveys, and other presentation materials. Special attention will be given to reaching seniors, youth, and other hard -to-reach populations in the city. Reimbursable expenses include budget allocated to printing and mailing costs as well as purchasing ads.

2.7 – Planning Commission/City Council Study Sessions . During milestones such as confirming the Vision Statement and selection of a preferred plan, the PlaceWorks team recommends a study session with Planning Commission and/or City Council. We have budget ed for participation in up to two study sessions.

Deliverables: Community visioning and engagement strategy, Vision Statement and Guiding Principles, Branded Project Website, Documents and Materials to support outreach events, and participation in four virtual and four in -person workshops, two pop- up events, and two City decision -maker study sessions.

Task 3. Market Demand and Economic Feasibility Analysis Intent: To provide a current and longer -term assessment of market conditions and development feasibility associated with a range of housing types and community -creating nonresidential uses. It is also intended to satisfy several objectives at key points in the planning process:
 Provide a baseline overview of existing market demand and the financial feasibility of new development to support community visioning and engagement (Task 2).
 Provide a detailed evaluation of market demand and potential to support planning of land use alternatives (Task 6) and the preparation of the land use plan and Specific Plan (Task 7).  Provide an assessment of the financial feasibility of major development scenarios to support planning of land use alternatives (Task 6).
 Provide targeted financial feasibility analyses to test and evaluate development standards contemplated for the proposed Specific Plan (Task 7).

Approach (Market Analysis ). PlaceWorks will prepare a basic analysis of market demand and refine the analysis as the plan progresses. The market analysis will estimate the current and future demand for residential development for market-rate housing, by type, tenure, and price point, and for affordable housing, by various demand subcategories, such as seniors, large family, veterans, and individuals with disabilities.

As a part of this task (and as part of community engagement, Task 2.3), we will interview three to six developers to get their perspective on the near -term market opportunities and challenges. The analysis will also estimate current and future demand for retail development (including shopping, dining, and entertainment). However, even with the potential for 2,300 new housing units, there may be only muted demand for new retail building space, given the quantity and strength of competitive retail in proximity to the 527
plan area. In addition to retail, the market analysis will estimate the demand for offices. The shift of much office work to work-from-home and hybrid formats has increased office vacancies and is expected to dampen demand for new office development for many years . Office demand most likely will be for medical office s.

The market analysis is not a simple plug -and-play exercise of combining household projections with spending data and vacancy rates rather, we propose a holistic approach that provides solutions to key issues:
 What are the broad range of uses that can be incorporated into the vision for the Specific Plan? (highlight the possibilities rather than limit what is considered).  What are the types of uses that can feasibly reuse existing buildings?  What is the support for market-rate uses that can help fund the cost of needed public improvements?  What are the types of nonresidential uses that would complement the residential components of the Specific Plan (nonresidential uses that help build a community).

Approach (Financial Feasibi lity Analysis ). Building on the market analysis and initial community engagement, the PlaceWorks team will collaborate with City staff to define eight development scenarios with a mix of reuse and new construction, market -rate and below -market-rate housing, and nonresidential uses.

We will conduct a financial feasibility analysis for each of the development scenarios to identify the product types and density/intensity of development that are financially feasible. The initial model is intended to inform community engagement (Task 2) with a broad assessment of what it may take for plan area development to be financially feasible. We will refine the analysis to support the preparation of land use alternatives (Task 6) and evaluate potential development standar ds and requirements in the draft Specific Plan (Task 7). The final analysis will also quantify the amount that market -rate development can afford to pay for infrastructure and public improvements through Community Facilities Districts (CFDs) and other fund ing and financing mechanisms.

For the financial feasibility analysis, PlaceWorks will use publicly available data sources as well as purchased proprietary data. To ensure the accuracy of the analysis and financing plan recommendations, we will obtain project-specific construction cost estimates from Developers Research. Fuscoe will provide cost estimates for reuse/improvement of existing infrastructure (where feasible) and new infrastructure , based on the most current Green Building Book Costs or other appr oved resource by City staff.

Finally, to ensure a thorough exploration of reuse potential, the Gensler team will lead the assessment of the adaptive reuse potential of the existing buildings to the extent needed. This will be a limited/strategic assessment, evaluating general structural integrity, assessing overall condition, and suitability to support a new use. It will also involve evaluating the spatial layout , adaptability to accommodate a change in use and modifications to the building character , and environmental considerations such as the retrofit of the building with modern systems to reduce energy consumption and improve indoor air quality. Gensler will also support the assessment of market demand for building reuse and impacts on financial viability of adaptive reuse.

The financial feasibility analysis is not an end unto itself, but rather, it is intended to answer the following questions in support of the preparation and implementation of the Specific Plan:
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 What are the broad types of development that market rate and affordable developers are most likely and least likely to pursue based on financial feasibility?
 Which product types, sizes, and price points are feasible for consideration in the land use alternatives?  For the land use alternatives, which buildings would be financially feasible to reuse and what would be the appropriate uses for those buildings?
 What parking, open space, height, density and intensity, and other development standards are financially feasible for the draft Specific Plan?
 What amount of funding can be feasible raised through CFDs, EIFDs, etc., to support infrastructure investments and public improvements?
Deliverables: Baseline market demand overview and baseline financial feasibility assessment report to support community engagement ; Market demand analysis and financial feasibility analysis to support planning for land use alternatives; Financial feasibility evaluation of Specific Plan development standards and requirements and estimate of funding for infrastructure and public improvements.

Task 4. Comprehensive Conditions Report
Intent: Building from the studies already completed, PlaceWorks will create a working bibliography and provide graphic summaries of the information. The summaries will document existing environmental, built form, infrastructure, mobility, cultural , and historic co nditions in the study area in ArcGIS. Using Story Maps , an ArcGIS program that allows the online presentation of geographic data, we will create an on -line tool that can access information. Story Maps will inform both the project design and specific plan a nd serve as the baseline for the environmental impact report (EIR).

Approach: We will start the Story Map in Task 4, then update it frequently as other tasks are completed, providing a transparent and dynamic resource for the staff and project team. At th e City’ discretion, all or part of the Story Map can be public -facing and accessible from any computer or phone. As a companion to the on-line Story Maps, PlaceWorks will prepare a paper summary report with the key findings of Task 4.

Fuscoe will research and evaluate existing documentation, utility maps, master plans of drainage, CIP budgets and prioritization, sewer and water , and any regional infrastructure studies within the specific plan area.

Because the summary information will be part of Task 4, GI S data is preferred for utility layers. Fuscoe will work with City staff and Mesa Water District to ensure all relevant information is obtained.

Based on the master plans and regional studies provided , Fuscoe will prepare a n infrastructure assessment and memorandum highlighting any major deficiency or capacity issues within the study area or any significant data gaps that require future analysis. The memo will incorporate wet and dry utilitie s and summarize plans for improvements , including funding status and anticipated schedule , as well as include points of connection into the City/District from public right of way .

To support the Specific Plan Fehr & Peers will review previous studies and evaluate the existing transportation conditions of the project site, including existing site vehicle miles traveled (VMT), intersection level of service (LOS), and active transportation. Fehr & Peers will prepare an Existing Condition s Report with the results.

Deliverables: Interactive Story Map, Existing Conditions Summary Report 529
Task 5. Water Supply Assessment
Intent: To prepare a Water Supply Assessment (WSA)/Water Supply Verification in accordance with California Water Code, as referenced in Senate Bills 610 and 221 of 2001 .

Approach: In cooperation with the City and Mesa Water District, Fuscoe will prepare a WSA for the proposed land uses. Water use will be calculated based on District -provided generation factors (or Fuscoe Engineering Inc. to identify regional references for review and approval by the District) and evaluated against existing conditions. The projected increase will be compared to local and regional water supply projections as documented in the most recent 2020 Urban Water Management Plan (UWMP) prepared by Mesa Water District. The WSA will highlight the ability of the District to supply water to the proposed project in addition to other current and future water demands of the service area in normal, single -dry, and multiple -dry year scenarios for 20 years. The report will include coordination and review with City staff and the District. If the projected water demand exceeds the anticipated growth in the 2020 UWMP, Fuscoe will work with the District on a strategy and workaround.

Deliverable: Water Supply Assessment Report
Task 6. Land Use Concept Alternatives and Analysis
Intent: To bring best practices and BIG IDEAS to alternative land use, urban design, circulation, and infrastructure options for future development of the project area. Each alternative is intended to build on the vision and urban design strategies developed by the team, as well as draw from the economic feasibility assessment. The analysis of the alternatives will become the basis of a robust outreach phase where the community will have the information needed to make informed recommendations for the preferred plan.

Approach: In a collaborative process, PlaceWorks and Gensler, supported by Fehr & Peers and Fuscoe, will create a series of three alternative land use concepts that include an urban design strategy diagram, neighborhood crafting, a mix of housing types and support services, potential adaptive reuse of buildings, the street network along with pedestrian and bike facilities, parking strategy, open space and connected systems, public realm amenities, building form and key design elements, and supporting infrastructure . The development capacity of each will be documented, along with projected population and jobs. The alternatives will be depicted in both plan -view and 3-D massing, along with character sketches conveying overall look and feel, along wi th example photos and analogues. In addition, Gensler will provide 3 -D visualizations for each concept, including one or two views (one eye level, one aerial) for each option.

The alternatives will be analyzed by our economist for development and market feasibility. Feh r & Peers will provide trip generation and preliminary VMT estimates, draft trip assignment and LOS assessment, and review of access options. Fehr & Peers will also evaluate the site and surrounding roadways to determine if any geometric conditions exist that are either non-standard or would not be adequate to accommodate the traffic anticipated to be generated by the project. This analysis will include a review of collision data for locations surrounding the site to identify any patterns that may be worsen ed by a large volume of traffic. In collaboration with the design team , Fehr & Peers will develop recommendations for multi- modal access and connectivity in the project area. They will conduct an in -person walking audit to evaluate opportunities and constraints to improve travel options for all modes and all users of all ages and all abilities , including 530
pedestrians, bicyclists, low- speed vehicle users (such as e -bikes), motorists, and public transportation users.

A layered-networks approach will be used , whereby preferred modes would be identified for corridors based on the available right-of-way.

The infrastructure requirements of each alternative will also be analyzed in terms of feasibility , anticipated funding, and timing of improvements . The analysis will also include opinions on probable cost or order of magnitude cost, building on the initial cost estimating provided in Task 4. Note: Water and sewer evaluations do not include any hydraulic modeling or use of the Mesa Water District’s existing water and sewer hydraulic models. If the Mesa Water District requires updating their models for assessing impacts, FEI will provide updated input parameters (proposed demands) for use within the model(s ).

It will also be important to document how each alternative satisfies the vision and addresses the issues raised by the
community. This analysis will be used to document the comparison of the alternatives in a Story Map format for easy access and review by the public. The outreach described during this phase in Task 2 will focus on the trade-offs between the alternatives and to distil l the aspects of a preferred plan. A survey will be made available during this task to coincide with community workshops and opportunities for online engagement.

Deliverables: Land Use Concept Alternatives Report, large -format illustrative and concept sket ches, with elevations and street sections as needed. Note: All outreach/workshop tasks are provided in Task 2.

Task 7. Administrative Draft Specific Plan and Focused Studies Intent: First, this task must finalize the Preferred Land Use Plan that will become the basis of the Specific Plan and EIR. Second, the Draft Specific Plan must provide reasonable flexibility for the future selected developer(s) while providing the “guard rails” to ensure the quality, form, and community benefits are achieved. Third, the Sp ecific Plan must include a Financing and Implementation Plan that identifies the improvements needed, along with costs, financing strategies, and timing.

Approach: The Specific Plan will document the planning and outreach process and the background analy ses as the foundation for the plan components. Images and diagrams will supplement the text and maps to convey the vision, plan objectives, and requirements. PlaceWorks will prepare an outline and unique document format for review and approval by City staff. The format will be visually rich with photos, graphics, and illustrative drawings that brings the text to life. The branding and style guide developed in Task 2 will be used to create a user -friendly format that is intended to be shared as an interacti ve PDF.

7. 1 – Finalize Preferred Plan . Based on the analysis and community input, the PlaceWorks team will finalize the Preferred Land Use Plan, including the buildout summary, population and employment projections, unit count, and nonresidential square feet. This information will be used for the Project Description and technical modeling. We anticipate using one of the study sessions from Task 2.7 to keep City decision makers informed and engaged in the process. We will also prepare the primary project objectives for the purpose of evaluating project alternatives for the California Environmental Quality Act (CEQA).

7.2 – Draft Specific Plan . Based on the scope provided in Appendix A of the RFP and our best practices for specific plans, we recommended th is document organization :
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 Table of Contents, Index, and Glossary. These sections of the plan provide the user with information to assist with their review of the document, since it will be published as an interactive PDF with links provided throughout to quickly take a reader to applicable sections.  Chapter 1. Introduction. Establishes the purpose and authority of the specific plan, the relationship to other policy and regulatory documents, including the Program EIR, and the plan’s organization. This section also documents the planning process, including the market analysis, existing conditions, alternatives considered, and a summary of the community outreach and key findings.  Chapter 2. Vision and Guiding Principles. Presents the community-based long-range vision for the specific plan area in terms of physical development, uses and activities, connectivity to neighborhoods and other destinations, and the intended mix of housing and supporting services and activities. Guiding principles are the basis for the Specific Plan - permitted uses, develop ment standards, design standards, and plans for public realm improvements. This chapter will be written to appeal to both the community and prospective developers using input received in Task 2.
 Chapter 3. The Plan. Details the policies and objectives that will reinforce the vision, inform the development standards, and establish project objectives to be evaluated in the CEQA analysis. Describes the land use designations, land use map, and statistical buildout of the plan area. Also includes the plans for mobility, streetscape, water, sewer, storm drainage, and dry utilities needed to support the preferred plan. The infrastructure component will also include policies for sustainable design, undergrounding, and other objectives identified by City staff and team. The Open Space and Resource Plan will describe the existing and proposed public/private plazas, parks, multipurpose areas, and open space in the Specific Plan area. The requirements for publicly accessible open space amenities will be included in the development standards (Chapter 4). This chapter will also incorporate renderings and illustrations to support how the ideas could be implemented.
 Chapter 4. Development and Design Standards . This chapter will establish the permitted uses and development standards for residential and nonresidential uses based on the finalized land use designations and buildout potential. Our approach is to allow enough flexibility to accommodate a range of potential development proposals while ensuring that the neighborhood framework and key design elements of both new buildings and renovated existing buildings are addressed.  Special attention will be paid to the unique attributes of affordable housing types, along with the integration of support services. Adaptive re -use standards will also be prepared based on the potential for re -use of existing buildings. Objective design standards will also be included covering site design, landscape design, building articulation/massing, groundfloor treatment, and architectural style. Fehr & Peers will prepare a parking demand study for the project to recommend appropriate parking ratios. They will collect parking counts at up to five similar facilities to develop appropriate parking rates for the project product types and will apply the parking rates to the project land uses and develop the parking demand forecasts.  Chapter 5. Design Guidelines. This chapter will provide additional design direction in terms of site design, architectural design, and landscape design. The guidelines will focus on the public realm in terms of overall desired building quality, facades, entries, lighting, service areas, and sustainability measures. It will include building massing and placement guidelines, as well as signage and wayfinding guidelines. This section will also provide direction for the future landscape design of streets and open spaces. The design guidelines will include images or vignette graphics that reflect the character and qualities intended. 532
 Chapter 6. Administration and Implementation. This chapter documents how the plan will be administered by City staff and the application process for development or renovations. Opportunities to streamline this process will be explored with staff. The process for interpretations, amendments, o r minor modifications will be described. This chapter will also include an implementation section that includes the economic development strategies and infrastructure financing strategies identified in prior tasks. Further detail will be provided in the accompanying appendix, as described below.  Appendix: Financing and Implementation Plan. This appendix to the Specific Plan will include details on the existing and planned public facilities and services within the FDCSP area. The section will compile the improvements identified by Fehr and Peers, Fuscoe, and E4 needed to support the level of development proposed in the plan. Developers Research will assist with providing cost estimates. We will also identify implementation strategies for phasing and financing for each improvement and the Specific Plan as a whole.

An implementation action chart will summarize the item, phase, cost and possible financing, timeframe, and responsible party/agency.

Deliverables: Digital Interactive Administrative Draft Specific Plan and linked Technical Reports.

Task 8. Public Review Draft Specific Plan
Intent: To revise the Administrative Draft Specific Plan based on client direction and then release the document as the Public Review Draft.

Approach: City comments will be consolidated for our team to address. A second round with minor edits will be included, if needed. The Public Review Draft will be prepared for hearings and distribution.

Deliverables: Public Review Draft Specific Plan (digital). Note: All outreach/workshop tasks are provided in Task

2. Task 9. Environmental Review Scoping

9.1 – Notice of Preparation for a Programmatic EIR . PlaceWorks will draft the Notice of Preparation ( NOP) to identify the public review period, contact person, scoping meeting date, and note how to comment on the project. As this EIR will be comprehensive, we will dispense with an initial study but will summarize the environmental topics like previous City NOPs. PlaceWorks will plan and attend a scoping meeting for the project at a venue provided by the City.

9.2 – Annotated EIR Outline and Technical Studies . PlaceWorks will prepare an annotated outline of the EIR , including references to Task 4, existing general plan policies, City CEQA Thresholds, and the regulatory environment affecting the site. We will review the outline and methodology with the City and finalize the contents prior to starting on the Admin Draft EIR.

Deliverables: NOP, Scoping Meeting Facilitation and Materials, Summary Report of Scoping Comments, Annotated Program EIR Outline
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Task 10. Program EIR – Administrative Draft and Technical Studies

10.1 – Administrative Draft EIR . While the technical studies are completed, PlaceWorks will prepare the Administrative Draft EIR (ADEIR ) following the annotated outline accepted by the City, and the information collected in Task 4. I f there is insufficient project detail to complete the analysis, the EIR will explain the program to be followed for entitlement. The ADEIR will be provided in Word format for electronic review and comment. As the project progresses PlaceWorks will prepare the administrative record so that it can be provided to the City following certification of the EIR.

10.2 – Technical Studies. In conjunction with the previous studies collected as part of Task 4, the EIR will rely on the following project -specific technical studies.

10.2.1 Air Quality/Greenhouse Gases/Energy (PlaceWorks). PlaceWorks will prepare an air quality, energy, and greenhouse gas (GHG) emissions technical analysis evaluating potential criteria air pollutant, toxic air contaminant, energy , and GHG emissions impacts associated with the project. Impacts will be programmatic, based on the level of detail identified in the Specific Plan and modeled based on the current methodology of the South Coast Air Quality Management District (South Coast AQMD) for projects in the South Coast Air Basin (SoCAB). Modeling of criteria air pollutant and GHG emissions will be conducted using the latest version of the California Emissions Estimator Model (CalEEMod). PlaceWorks will model up to one near -term construction phase to estimate “peak day” construction emissions. Localized air pollution impacts and health risk will be discussed qualitatively because of the programmatic nature of the project. PlaceWorks will provide an estimate of the increase in long -term emissions from operation of the project compared to South Coast AQMD’s significance threshold. The results of the analysis will be summarized in the EIR, and modeling results will be included as an appendix. If necessary, mitigation measures will be identified, as needed, to reduce any potentially significant regional and/or localized air quality impacts.

10.2.2 Biological Resources (ECORP) . Using information from the existing conditions report, ECORP will author programmatic policies and procedures that address biological resources within the Specific Plan area for use in the EIR. The procedures will outline a process for future projects to address known biological resource constraints. The process will identify approaches to project implementation, as well as guidelines for avoiding or preserving biological resources. The procedures and measures will inform the relevant biological resource sections of the Specific Plan EIR.

10.2.3 Cultural Resources (ECORP) . Using information from the existing conditions report, ECORP will author programmatic policies and procedures that address archaeological and historical resources within the Specific Plan area for use in the Specific Plan EIR. The procedures will outline a process for future projects to address known hi storical and archaeological resource constraints. The process will identify approaches to project implementation and historical resource reuse, if appropriate, as well as guidelines for avoiding or preserving historical resources. The procedures and measures will inform the relevant cultural resource sections of the Specific Plan EIR.

10.2.4 Construction Health Risk Assessment (PlaceWorks) . PlaceWorks will prepare a quantitative construction Health Risk Assessment (HRA ) to assess the health risk impacts experienced by nearby sensitive receptors resulting from construction of the project. Due to the proximity of the proposed development to existing sensitive receptors, combined with the expected duration and intensity of construction activities. The 534
construction HRA will include air -dispersion modeling results, cancer risk calculations, and a discussion of the health factors considered in the HRA. The results of the construction HRA will be compared to the South Coast AQMD health risk impact criteria for cance r and non-cancer health risks.

10.2.5 Noise (ECORP) . ECORP will prepare a Noise and Vibration Impact Assessment Report that will provide a programmatic impact analysis identifying potential noise -related impacts from implementation of the proposed Specific Plan. Additionally, the r eport will discuss the relevant standards and criteria for noise exposure and the discussion of potential impacts will be based on federal, State, and local ordinances, policies, and standards. Project vehicular traffic noise will be assessed using a version of the US Federal Highway Administration (FHWA) Traffic Noise Model. These calculations will rely on traffic forecasts provided by Fehr & Peers as part of their work on the project. The analysis of transportation noise will ide ntify locations within the Specific Plan area that would be exposed to significant noise increases. ECORP will create a Noise Contour Map to reflect the Specific Plan Buildout traffic noise volumes.

10.2.6 Traffic (Fehr & Peers) . Fehr & Peers will prepare a VMT analysis for preferred alternative for environmental review of the project addressing the four CEQA checklist questions. The analysis will use the Orange County Transportation Analysis Model (OCTAM) to prepare VMT estimates for the study scenarios and provide comparisons of total VMT and VMT per capita to evaluate potential significant impacts related to VMT, consistent with City of Co sta Mesa Transportation Impact Analysis (TIA) Guidelines (October 2020), which Fehr & Peers assisted the City in devel oping. Any recommended mitigation measure(s) will be based on the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021) to quantify VMT reduction potential associated with proposed transportation demand management ( TDM) measures. The report will be included in the EIR and a draft will be submitted to the City for review with up to two rounds of revision anticipated.

10.2.7 Utilities and Technical Infrastructure Study (FU SCOE). Fuscoe Engineering will, in coordination with City staff, Costa Mesa Water District, O range County Flood Control, and other utilities, evaluate potential impacts on each of the wet and dry infrastructure systems. The evaluation will Identify the nec essary utility systems to support the proposed land uses and propose a conceptual utility layout based on preferred land plan. The evaluation of water and sewer do es not include any hydraulic modeling or use of the Laguna Beach County Water District’s exis ting water and sewer hydraulic models. The technical report, along with the WSA, will be included in the EIR as a technical appendix.

Deliverables: Administrative Draft of Program EIR (digital format), Mitigation Monitoring and Reporting Program (digital format), Technical Appendices to Program EIR Task 11. Draft Program EIR – Public Review Draft
PlaceWorks will finalize the ADEIR document and send a PDF of t he D raft EIR and all supporting documentation to the City for fatal -flaw review. We will make the requisite edits and prepare the D raft EIR for public review; we will provide an executive summary of environmental impacts on the Story Map platform and work with the City to distribute the document. We will also draft the mitigation monitoring and reporting program (MMRP) ; however, it will remain draft until the F inal EIR is prepared as it is common for mitigation measures to change during the public review process. PlaceWorks will draft notices and the City will publish 535
notices on the ir website. All comments on the D raft EIR will be sent first to the City and then to PlaceWorks to be reviewed and bracketed. The F inal EIR will include a summary of the review pr ocess and copies of all bracketed comment letters along with responses to comments .

Deliverables: Draft Program EIR (digital format + five printed copies), list of comment letters and commenting entities (digital format), bracketed comment letters on Draft EIR (digital format) Task 12. Response to Comments and Administrative Final Program EIR The response to comments will include a reasoned response to all comments. If an unexpectedly large volume of comments is received, or if certain comments result in the need for new research or analysis, the initial budget may not be sufficient. Should this situation become apparent, we will discuss this concern with the City before the budget is consumed to determine an appropriate course of action. PlaceWorks will finalize the draft Mitigation Monitoring and Reporting Program (MMRP) , including any revisions of the mitigation measures from the Final EIR. The final MMRP will identify the significant impacts that would result from the proposed project , mitigation measures for each significant impact , the timing the measures will need to be completed, the entity responsible for implementing the mitigation measure , and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. PlaceWorks will draft the Notice of Determination (NOD) for the City to review before the City pays the requisite fees and files the forms with the County Clerk. PlaceWorks will also prepare the Notice of Completion ( NOC) for filing with the State Clearinghouse .

Deliverables: Administrative Final Program EIR (digital format), Final Program EIR (digital format), Findings of Fact, Final Mitigation Monitoring and Reporting Program (digital format)

12.1.1 – Certification Documents. PlaceWorks will finalize the draft MMRP , including any revisions in the Final EIR of the mitigation measures identified in the D raft EIR. The final MMRP will identify the significant impacts that would result from the proposed project , mitigation measures for each significant impact , the timing at which the measures will need to be completed , the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. If requested, PlaceWorks can draft th e findings of fact to consider and certify the EIR. It is likely that the project will have at least one impact that will be significant and unavoidable for which a statement of overriding considerations will be needed. PlaceWorks can work with the City to develop the statement for inclusion into the resolution certifying the EIR. PlaceWorks will draft the NOD for the City ’s review before the City files the forms with the County Clerk. PlaceWorks will also prepare the NOC for filing with the State Clearingh ouse.

Task 13. Public Hearings and Final Specific Plan and Program EIR Intent: Present Specific Plan and Program EIR to City decision makers for adoption.

Approach: To ensure successful completion of the project, the PlaceWorks team will attend up to two public hearings, one with the Planning Commission and the other with City Council for adoption of the FDCSP and Program EIR. Our time also includes preparation of the presentation materials. Additionally, we will assist with General Plan and Zoning Code changes that may be required for consistency. Once the Planning Commission 536
and City Council have recommended and approved the Specific Plan and EIR, the PlaceWorks team will finalize the documents and mitigation program and provide final versions to City staff.

Deliverables: Public hearing attendance, presentation, and materials, up to two hearings, Final Specific Plan (digital), Final Program EIR, and MMRP (digital)
Schedule, Management Approach, and Quality Control
A two -year schedule for completion of the Fairview Development Center Specific Plan is shown in Graphic Exhibit #1 . We understand the importance of your deadline based on your agreements with the state. This deadline is achievable based on our experience in running s imilar projects. Timely review of draft products by the city is also critical to meeting the schedule.

PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients.

Over years of managing large, complex proj ects, we have developed effective strategies for ensuring that our work products are of the utmost quality, are completed within the agreed upon time frame, and are aligned with the established budget as described below:
 We maintain an up-to-date schedule throughout the project, to ensure that all team members are aware of upcoming meetings and product due dates.
 We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members.  We schedule project due dates for staff and subconsultants with adequate time for editing and formatting into finished reports.
 We conduct weekly team meetings to coordinate on project workload, budget, and expectations. Any potential issues are raised in advance.
 We limit subconsultants’ payments to specific milestones, so as to ensure that progress on the project is commensurate with billings.
 All PlaceWorks deliverables are proofed by both technical and grammatical readers, as well as formatted by in-house word processors. All deliverables are reviewed by the Project Manager and Principal-in- Charge.
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Grap
hic Exhibit #1: Project Schedule
Sept
Tasks # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22 # 23 # 24 # 25

1. Project Kick Off / Project Management
X

2. Community Visioning & Engagement

R W R P W S W S P W

3. Market Feasibility

4. Comprehensive Existing Conditions Report

5. WSA
Dec Jan-25March April MayNov Dec Jan-24 Feb Nov June July AugSep-23 MayJune July August Sept Oct Feb Mar AprOctober

6. Land Use Concept Alternatives & Analysis

7. Administrative Draft SP & Focus Studies

8. Public Review Draft Specific Plan

9. Environmental Review Scoping

10. Program EIR - Admin. Draft & Tech Studies

11. Draft Program EIR - Public Review Draft

12. Response to Comments & Administrative
Final Program EIR

13. Public Hearings & Final Specific Plan &
Program EIR
PlaceWorks Preparation of Project Task
City Review of Deliverables
Projec
t Kick-Off Meeting X
Roundtables/Stakeholder Interviews R
Workshops W
Pop-up P
Study Session S
Preferred Plan
Public Review Periods
Public Hearings
Above: Downtown San Bernardino Specific Plan
– Charette; Right: Outreach Event in Garden
Grove
Right:

Southwest
Village
Specific Plan
Conceptual
Alternative
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3. QUALIFICATIONS & EXPERIENCE
PlaceWorks has assembled a highly qualified team to complete the Fairview Development Center Specific Plan and EIR . This chapter describes the qualifications and relevant experience of the firms on the PlaceWorks team .

PlaceWorks
PlaceWorks is one of the West’s preeminent planning and design firms, with approximately 130 employees in six offices.

For 45 years, PlaceWorks has served both public - and private -sector clients throughout the state in the fields of comprehensive planning, environmental review, urban design, landscape architecture, community outreach, and Geographic Information Systems (GIS). Our talented, multidisciplinary team thrives on working with communities to tackle complex problems and develop workable solutions.

For the Fairview Develop ment Center Specific Plan and EIR , PlaceWorks will serve as the prime consultant and oversee all aspects of the project and ensure its successful and timely completion.

Qualifications
Our Hallmark – Specific Plans that Result in Change . PlaceWorks is at th e forefront of the specific planning practice and has completed more than 300 specific plans for small, medium, and large cities throughout California, including plans for new mixed-use communities and neighborhoods, transit station area plans, downtowns, areas undergoing significant transformation and reuse, and along underperforming commercial corridors. We focus on laying the groundwork for slow, steady change in the urban fabric and on integrating public realm improvements that foster quality places and encourage alternative travel modes.

Mastering Planning, Urban Design, and Placemaking. PlaceWorks is at the forefront of both greenfield neighborhood planning and design and urban planning in our built- out communities, with many projects in the ground today. Together our designers bring their expertise to craft plans that allow for adaptive reuse, integrate transit and streetscape networks, carefully consider building design and placement, respect nature, and provide activated/curated open spaces.

Environmental Review . We have four decades of experience in environmental planning and science, with a long-term perspective and technical expertise in shaping responses to the dynamic state and federal regulatory environment. We have handled a wide range of project sizes and types, and our reputation is built on our consistent production of effective and defensible environmental documents.

Company Information
Ownership: S-Corporation
Date / Location of Incorporation
California, 1975
Corporate / Local Office
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Date opened: 2011
Officers
Keith McCann
Brian Judd
Randy Jackson
Karen Gulley
Joanna Jansen
Mark Teague
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Economic, Market, and Fiscal Analysis. PlaceWorks grounds its economic development work in a thorough analysis and understanding of the economic and market forces underlying each project that we undertake. We aim to identify the possibilities rather than focus on the limits and constraints, th us opening the door to want- ifs and tradeoffs. With this approach, our planning builds on our economic with to be implementation-oriented, aspirational with a solid footing in reality.

Award-Winning Public Engagement . The PlaceWorks team is invested not only in producing plans that are adoptable and implementable, but in developing an open, engaging, and interactive process that truly incorporates feedback from the public. PlaceWorks’ work is founded on the principle that the success of a project lies with the ownership and involvement of community members. We integrate technical expertise with a community -based approach, developing a thorough understanding of the issues and challenges that are relevant to each community.

Our Team
Firm Name
Role on Project Company Address Contact Person

FUSCOE ENGINEERING
Infrastructure Analysis
16795 Von Karman Avenue
Suite 100
Irvine, CA 92606
Ian Adam, VP Specialty Services
949.474.1960
[email protected]

FEHR & PEERS

TRANSPORTATION

CONSULTANTS
Transportation Planning and
Traffic Engineering
101 Pacifica
Suite 300
Irvine, CA 92618
Jason D. Pack, TE, Principal
949.308.6312
[email protected]

GENSLER
Architecture and Design
500 S Figueroa Street
Los Angeles, CA 90071
Nate Cherry, FAIA, AICP, LEED AP BD+ C,
Senior Associate
213.633.6084
[email protected]

DEVELOPERS RESEARCH
Land Development
2151 Michelson Drive
Suite 270
Irvine, CA 92612
Peter Wales, Vice President, Development
Cost Estimating
949.861.3300
[email protected]

ECORP CONSULTING
Biological/Cultural Resources
2525 Warren Dr
Rocklin, CA 95677
Jeremy Adams, Cultural Resources
Manager/Senior Architectural Historian
916.782.9100
[email protected]
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Representative Projects
Tustin Legacy Specific Plan and EIR (Tustin, CA) . Former Marine Corps Air Station (MCAS) Tustin, an area now known as Tustin Legacy, is one of the largest infill development opportunity sites in Orange County. PlaceWorks (formerly The Planning Center) completed the original MCAS Tustin Specific Plan in 1999 and an amendment in 2013. PlaceWorks also completed the supplemen tal environmental impact report (SEIR) for the specific plan amendment.

The amended Specific Plan provides quality development
standards and guidelines that protect investment yet are flexible for changing market conditions. Updates to the plan focused on new zoning for key planning areas of the remaining 870 acres of vacant/underutilized land (630 acres were built out under the 1999 Plan). New design guidelines were included to provide guidance for the layout of blocks, site design, architectural characte r, outdoor spaces, landscaping, and views each of which address the relationship to development that has occurred since adoption of the original Plan.

Both the 1999 Plan and amendment required multi -jurisdictional collaboration, similar to what the team expects for the Fairview Developmental Center Specific Plan. Coordination included the U.S. Navy, City of Irvine (95 acres of the project), County of Orange (85 -acre future regional park), utility providers, school district, as well as other education and s ocial service providers and the community at large. The effort also required immense coordination with several developers including selection of Lennar as the initial Master Developer through a bidding process. During the amendment process PlaceWorks assis ted the City in collaborating with the development team for FLIGHT at Tustin Legacy, ensuring the new designations would support the City’s vision while allowing for the creative mixed -use campus that Lincoln Property Company envisioned. Tustin Legacy was also one of the first examples of integrated for -sale affordable housing in Orange County that was mixed throughout Lennar’s project. PlaceWorks prepared a standalone Affordable Housing Plan that provided the direction for the distribution of affordable units.

Coordination and collaboration were challenging and required City leadership as well as a capable project manager. The PlaceWorks project team alongside the City of Costa Mesa will need to set expectations, adhere to a tight schedule, and hold partner agencies accountable for various degrees of involvement in the planning process just as they did for Tustin. One lesson learned from Tustin Legacy is that flexibility is key for withstanding market fluctuations. The 1999 Plan included a trip budget th at allowed for conversion of residential and non -residential uses allowing for slight modifications to planning areas as long as the trips associated with the uses were maintained, while that carried the City for years eventually an amendment was needed to address design, public realm, and other site planning aspects to connect initial development to the remaining sites while preserving- and finally -implementing park and other public amenities.

Client Contact: Justina Willkom,
Planning Director, Community
Development | 714.573.3115
Date
s of Work: 6/13 – 7/17
Proj
ect Cost: $280,000
541
Southwest Village Specific Plan (San Diego, CA)
PlaceWorks prepared the Southwest Village Specific Plan to create a mixed use near a future transit stop in the southernmost portion of San Diego. This project represents one of nearly 100 master -planned communities that our team has completed, involving v isioning, land planning and urban design, landscape architecture, grading, detailed site planning, and the preparation of a Specific Plan. Southwest Village sits within an open space envelope and is programmed as a stand - alone community with a full mix of residential ad neighborhood commercial uses. It is designed to be walkable and connected to the larger Otay Mesa community by pedestrian trails, bus service and light-rail. The design framework includes a mixed -use village core that includes affordable hou sing, with lower densities along the edges that take advantage of off -site views. The Specific Plan allows up to 5,277 attached and detached homes, anchored by 175,000 sf of commercial retail uses and public facilities. The plan includes more than 40 acre s of parks and trails. It is currently under development.

San Bernardino Downtown Specific Plan
(San Bernardino, CA)
The Downtown Specific Plan imagines and describes the steps to revitalize one of Southern California’s larger downtowns. Covering 600 acres in the heart of San Bernardino, the plan will promote high - quality jobs, arts an d culture venues, unique shops and businesses, pedestrian-friendly streets and paseos, historic preservation, and a range of housing opportunities.

The center of the plan is the reconstruction of the dormant and city - owned Carousel Mall site into a vibrant, mixed -use anchor.

PlaceWorks collaborates in regular workings sessions with the master developer of the mall site to create development standards that will apply equally to the mall and the rest of the downtown. In addition to these meetings, PlaceWorks set up an intensive program of in -person and online workshops, advisory committee meetings, pop -up events, and other forms of public outreach to inform plan creation. The interaction with the mall developer is an example of many where we interfaced between the development community and the jurisdictions to create a plan that is both visionary and feasibl e.

The Downtown Specific Plan will include a new zoning code for the downtown, with streetscape standards, allowable land uses, a form- based code, and a process for expedited project review. Development and design standards were tested for feasibility and provide an appropriate range of flexibility for development to occur over the next twenty years.

Client Contact: Jimmy Ayala,
Division President, TriPointe Homes
| 858.794.2579
Dates of Work: 5/17 – 6/20
Project Cost: $900,000
Client Contact: David Murray,
Principal Planner (now with the City
of Riverside) | 951.826.5773
Dates of Work: 9/20 – In Progress
Proje
ct Cost: $500,000
542
Additional Project Examples (PlaceWorks + Subconsultants) We've selected the following additional qualifications to showcase the broader range of relevant experience that our team members have and to include additional projects that have been or are being implemented Project Client Contact & Details Description
PlaceWorks

BEACH BOULEVARD

CORRIDOR SPECIFIC

PLAN AND EIR
City of Anaheim
Sergio M. Ramirez, Director of Economic
Development | 714.765.4627
8/15 – 11/
18; $740,000
PlaceWorks led a focused, comprehensive effort
to guide future development along a 1.5 -mile
stretch of Beach Boulevard between the cities of
Buena Park and Stanton. The Beach Boulevard
Specific Plan’s modern development standards,
economic and sustainable community
development incentives, and capital
improvements holistically address the future of
Beach Boulevard and the heart of West Anaheim.

TEMECULA OBJECTIVE

DESIGN STANDARDS
City of Temecula
Matt Peters, Senior Planner |
951.694.6408
8/20 – 1
/22; $60,000
These standards provide a clear set of
requirements for new multifamily and mixed-use
residential development in the City of Temecula
and ensure that development maintains the
area’s unique character and the city’s quality of
design.

TENANT

DISPLACEMENT

SOLUTIONS
City of Long Beach
Christopher Koontz, Planning Bureau
Manager | 562.570.6288
7/21 – 12/
21; $31,000
PlaceWorks planned, organized, and hosted a
series of hybrid online/in -person meetings for
the Housing and Neighborhood Services Bureau
of the City of Long Beach to evaluate the
“substantial remodel” section of the “Just Cause
for Termination” ordinance in the municipal
code.

SOUTHEAST LONG

BEACH SPECIFIC PLAN

AND EIR
City of Long Beach
Christopher Koontz, Planning Bureau
Manager | 562.570.6288
10/13 – 9/
17; $1,618,000
The specific plan provides direction on urban and
wetland interface, design guidelines, and new
solutions for circulation issues. It was especially
complex given the area’s diverse mix of land
uses. The project launched an extensive
outreach effort that included forming a 22 -
member community advisory committee, on
online community forum, and several public
workshops at critical milestones.

CENTURY VILLAGES AT

CABRILLO
Century Housing
Corporation
Brian D’Andrea, Senior Vice President
310.642.2059
PlaceWorks was retained by Century Housing
Corporation to revisit an existing master plan and
provide recommendations to maximize the
development potential and functional
543
Project Client Contact & Details Description
11/08 -9/09; $73,000 capabilities of the underutilized areas in the village—essentially establishing a new vision for
the next 10 years of developmen t within the
project area.

WESTMINSTER MALL

SPECIFIC PLAN, EIR,
AND

IMPLEMENTATION

STAFFING SUPPORT
City of Westminster
Adolfo Ozaeta, Assistant City Manager |
714.548.3178
3/18 – 12/
22; $733,000
The Specific Plan was an unparalleled
opportunity to create a sense of place and
elevate the city’s image and economic presence
in the region. PlaceWorks helped the city
facilitate conversations between seven property
owners and long- term leaseholders to create a
single master plan for the 100 -acre site.

Ultimately, the mall’s redevelopment is expected
to result in a $2 to $3 billion investment in the
community.

BREA MERCURY LANE

RESIDENTIAL PROJECT
EIR
City of Brea
Jennifer Lilley, Community and
Economic Development Director, City of
Riverside (former City Planner, City of
Brea) | 951.826.5915
3/18 – 5
/20; $163,000
PlaceWorks assisted the City of Brea with
environmental processing for the Mercury Lane
Residential Project. The project would develop a
5-story, 68 -foot-tall, 1 41,137-square-foot
podium structure that would house 114
workforce housing units. PlaceWorks prepared
an EIR and associated technical studies, including
hazards (Phase I ESA), air quality/greenhouse gas
emissions, and noise and vibration.

PARKWAY DRIVE

MASTER PLAN
Fresno Housing
Authority
Dave Brenner, Real Estate Development
| 559.513.5797
5/22 – I
n Progress; 8,000
PlaceWorks’ is preparing an actionable plan that
provides a design for future development of
existing motel properties into permanent
multifamily housing as well as neighborhood
services.

CHAPMAN CORRIDOR

REVITALIZATION PLAN
City of Placentia
Joseph Lambert, Director of
Development Services | 714.993.8234
12/22 – I
n Progress; $281,000
PlaceWorks will tailor development standards
and design guidelines for Chapman Avenue and
the immediate neighborhood. By implementing
new mixed -use General Plan land use
designations, the corridor will allow for an
integrated land use pattern that encourag es
multimodal travel, walkability, mixed -use
development, mid- density residential,
public/private open space opportunities, and
high-quality urban design that incentives
redevelopment.
544
Project Client Contact & Details Description

DOWNTOWN

SHORELINE VISION

AND PLAN UPDATE
City of Long Beach
Christopher Koontz, Director of
Development Services | 562.570.6288
10/22 – I
n Progress; $2,306,000
PlaceWorks was recently selected by the City to
manage the public visioning project and
ultimately update and environmentally clear a
new specific plan to replace the current
Downtown Shoreline Planned Development
District.

Fuscoe Engineering

SANTA ANA GENERAL

PLAN UPDATE AND EIR
City of Santa Ana (with
PlaceWorks)
Ali Pezeshkpour, Planning Manager
714.647.5882
9/19-11/22;
$76,000
The GPU included five focus areas where
significant redevelopment would occur across
several corridors. Fuscoe led the sewer and
water evaluations and provided technical
recommendations for how to account for the
demands in the City’s Urban Water
Management Plan (UWMP).

SOUTHEAST AREA

SPECIFIC PLAN (SEASP)

AND EIR
City of Long Beach (with
PlaceWorks)
Christopher Koontz, Director of
Development Services
562.570.6555
6/14-11/21;
$85,000
Fuscoe provided infrastructure and sea level rise
support for the Southeast Area Specific Plan and
EIR including drainage, water, sewer, dry
utilities, and sea level rise evaluations.

CITY OF ONTARIO

GENERAL PLAN

UPDATE AND EIR
City of Ontario (with
PlaceWorks)
Rudy Zeledon, Planning Department |
562.570.6555
5/20-8/
22; $65,000
Fuscoe provided infrastructure support
including evaluating utility systems for
affordable housing overlays and coordinating
with the water department on regional sewer
upgrades to support the changing land uses.

Fehr & Peers

SOUTH EAST AREA

SPECIFIC PLAN
City of Long Beach (with
PlaceWorks)
Christopher Koontz, Director of
Development Services |
562.570.6288
8/13-8/
17; $175,000
Fehr & Peers worked to connect people in the
SEASP area to nearby activity centers. Fehr &
Peers work included application of their MXD+
and TDM+ tools, which assist in quantifying the
total number of trips (including internalization
of trips) associated with mixed-use
development and reductions associated with
Transportation Demand Management (TDM)
programs.

BEACH BOULEVARD

SPECIFIC PLAN
City of Anaheim (with
PlaceWorks)
Gustavo Gonzalez (formally with City of
Anaheim), Planning Manager |
951.703.4499
Fehr & Peers advised the plan on multimodal
transportation opportunities and constraints on
the Beach Blvd Corridor, facing difficulties with
high traffic volumes and Caltrans. Fehr & Peers
545
Project Client Contact & Details Description
8/15-11/18; $90,000
also worked with the project team to identify
potential policies and infrastructure to support
the plan.

ETIWANDA HEIGHTS

NEIGHBORHOOD AND

CONSERVATION PLAN
City of Rancho
Cucamonga
Jason Welday, City Traffic Engineer
909-477-2740 ext 4011 |
[email protected]
6/15-4/
19; $200,000
Fehr & Peers investigated the capacity of
regional freeway interchanges and arterials, and
existing patterns of vehicular and active
transportation modes within the neighborhoods
surrounding the Project Area. Fehr & Peers was
responsible for preparing a traffic impact study
in support of an Environmental Impact Report
prepared for the Project.

Gensler

TAZA NEW

COMMUNITY
Calgary, CN
Bryce Starlight , Vice President,
403.829.9112
6/22-12/22;
$500,000
Gensler led a team in the creation of a
development plan and strategy for the Taza
Development in Calgary, CN. Built on first
nation land, the project intends to improve the
ecology of the area while becoming a hub for
innovation and growth. The plan was approved
in early 2023.

CONFIDENTIAL

AEROSPACE

CONTRACTOR
Southern California
Douglas Peters , Project Manager
213.243.8794
6/22-12/22;
$500,000
Gensler led a team in the development of a
project rebranding, urban design, and strategic
growth vision for two campuses in southern
California, as a way to improve employee
retention, improve resilience, and attract new
talent. The plan was approved and is moving
toward implementation in the next 5 years

SUNRISE TOMORROW
City of Citrus Heights
Casey Kempinaar , Community
Development Director |
916.727.4740
8/15-11/18;
$1,000,000
Gensler led a team in the development of a
specific plan to reimagine the heart of Citrus
Heights and transform the Sunrise Mall property
in ta premiere regional destination and
flourishing center of community life.

Developers Research

SILVERWOOD
DMB
John Ohanian, General Manager |
714. 785.2381
12/16
– 4/23; $80,000
Developers Research worked with the
Silverwood development team to prepare cost
estimates at every stage of planning and design.

We analyzed local and regional infrastructure
needs to maintain up-to-date estimates aiding
in planning decisions.
546
Project Client Contact & Details Description

SYCAMORE CREEK
Foremost Communities
Steve Cameron, President
949.748.6714
2/02-4/
22; $300,000
DR provided several iterations of cost estimates,
grading, and impact fee analyses for the buyer
of the property through all stages of planning
and design. After a successful purchase of the
property DR has continued to collaborate with
the owners throughout the development
process as plans are updated from tract map to
improvement plans and the ongoing site
development.

NEEDHAM RANCH
Trammel Crow
John Balestra , Senior Vice President
310. 489.1986
9/17-4/
23; $500,000
Developers Research worked closely with the
Trammel Crow development team from the
acquisition through the build out of 176 acres of
land for the development of The Center at
Needham Ranch, a state-of-the-art business
park in the City of Santa Clarita, CA.

ECORP

ON-CALL

ENVIRONMENTAL

SERVICES
City of Costa Mesa
Jennifer Le, Assistant Director of
Development Services |
714.754.5617
2/17-2/
22; $120,575
ECORP is currently providing on-call
environmental support services to the City for
land use development and entitlement projects.

Tasks include the preparation of CEQA
documents and review of applications for
completeness, among other items.

GANAHL LUMBER

RELOCATION PROJECT

IS/MND AND

ENTITLEMENT

SUPPORT
Ganahl Lumber
Company
Patrick Ganahl | 714.772.5444
5/15-12/14;
$31,008
ECORP assisted Onyx Architects and Ganahl
Lumber with refining the project description,
entitlement support, reviewing and preparing
environmental reports to accompany the
Conditional Use Permit (CUP), preparing the
CEQA IS/MND, biological and cultural resources
studies, and assisting with the environmental
portions of the CUP process after the
application was submitted.

BRISTOL STREET
MEDIAN

IMPROVEMENT

PROJECT
AndersonPenna
Partners, Inc.

Pritam Deshmukh, Project
Manager/Associate Engineer |
714.754.5183
10/14-3/
15; $10,200
ECORP prepared environmental documentation
for the installation of raised medians and
landscaping on Bristol Street between Baker
Street and the Newport Boulevard southbound
frontage road.
547

4. KEY PERSONNEL
Our team is high qualified to assist the City in preparation of the Fairview Development Center Specific Plan and EIR. Below we have provided a brief qualifications summary for each key team member. Full resumes are available upon request. All members of PlaceWorks team have sufficient staff resources and the capability to perform the work required for the project as described within the scope of work.

Qualifications Summary
Name | Title
Potential Role on Projects
Education
Licenses/Certifications Experience
PlaceWorks

KAREN GULLEY
Managing Principal, Design
Principal in Charge
kgul
[email protected]
(714) 966 – 9220 ext. 2347
 BA, Economics, UC
Santa Cruz
 Masters Program,
Urban & Regional
Planning, Cal Poly
Pomona
 IAP2 Training
With over 30 years of experience with all facets of
community planning and design for private- and public-
sector clients, Karen Gulley is expert in Specific Plans, urban design, managing large-scale complicated
projects, intergovernmental coordination, and in
developing tailored solutions to multifaceted challenges.

Karen’s recent work includes the Downtown San
Bernardino Specific Plan, Beach Boulevard Corridor
Specific Plan in Anaheim and the El Camino Plan for the El Camino Real Corridor in the City of Atascadero.

SUZANNE SCHWAB, AICP
Associate Principal
Project Manager
ssch
[email protected]
(714) 966 – 9220 ext. 2323
 Master of Urban and
Regional Planning,
University of California,
Irvine
 BS, Marketing and
International Studies,
Indiana University,
Bloomington
Suzanne has a diverse planning background— from
conceptual planning to development standards and
design guidelines incorporated in specific plans,
general plans, comprehensive plans, and campus
master plans. These projects cover a variety of
planning efforts, including health districts, master
planned communities, vibrant corridors, and military
base reuse. Suzanne’s corridor work includes the
Chapman Corridor Revitalization Plan, Beach Boulevard
Specific Plan, and Long Beach Boulevard (Midtown)
Specific Plan.

MOLLY MENDOZA, AICP
Assistant Project Manager,
Public Outreach Coordinator
mmen
[email protected]
(714) 966 – 9220 ext. 2358
 Master of Urban and
Regional Planning,
University of California,
Irvine
 BA, History and Minor
Anthropology,
California State
University, Long Beach
Molly is a highly skilled associate who is experienced in managing comprehensive planning projects, such as
general plan housing and safety elements and specific
plans for the public and private sectors. She is skilled in data research and analysis as well as developing
community outreach plans and engaging communities
and other stakeholders. Molly’s focus at PlaceWorks is
development of design and implementation guidelines
for comprehensive and specific plans.
548
Name | Title
Potential Role on Projects
Education
Licenses/Certifications Experience

STEVE GUNNELLS
Chief Economist
[email protected]
(714) 966 – 9220 ext. 2374
 MSc, Development
Management, London
School of Economics
 Master of Urban and
Environmental
Planning, University of
Virginia
 BA, Urban Planning,
Virginia Tech
Steve helps his clients leverage market forces to
achieve their goals, and he uses his grasp of economics and real estate markets not only to overcome existing
challenges but to help communities create visionary
plans that capitalize on the possibilities. Steve works with communities to bridge the gap between long-
range planning policies and economic development—
with community organizations and special districts to
fund and implement priority projects—and with
developers to guide project decision-making and
approvals.

NICOLE VERMILION
Principal, Air
Quality/Energy/GHG/Noise
Services
AG/GHG Tech Lead
[email protected]
(714) 966 – 9220 ext. 2344
 Master of Urban &
Regional Planning,
University of California,
Irvine
 BS, Ecology &
Evolutionary Biology,
University of California,
Santa Cruz
 BA, Environmental
Studies, University of
California, Santa Cruz
Nicole oversees project staffing and timing for the air quality, greenhouse gas (GHG), and noise technical
team’s impact evaluations under CEQA. She is
responsible for expanding and fine-tuning the team
based on changes in technology, legislation, and client needs and for ensuring that PlaceWorks air quality and
GHG studies are defensible and consistent with recent
case law. She has performed numerous GHG emissions
inventories for individual projects as well as citywide emissions inventories for general plans.

ALAN LOOMIS, AICP
Principal
Urban Design Advisor
aloom
[email protected]
(213) 623 – 1443 ext. 2101
 MA, Architecture,
Southern California
Institute of Architecture
 BA, Religious Studies /
Theology, University of
Detroit, Mercy
Alan is an award-winning urban designer, planner and
educator. As Principal of Urban Design in PlaceWorks’
downtown LA office, Alan is responsible for leading our regional urban design practice while playing a role in
projects throughout California. A fifteen-year veteran
of City Hall, Alan has directed a wide range of urban
design-based policy projects leading multi-disciplinary teams through an equally wide range of public
outreach programs.

RANDAL W. JACKSON, ASLA
President
Land Use Planning Advisor
rjac
[email protected]
(714) 966 – 9220 ext. 2312
 Bachelor of Landscape
Architecture, Utah State
University
Throughout his more than 50 years of experience in
planning and design, Randy Jackson has conceived and
developed unique land use and design concepts for
award-winning communities. He continues to focus his
expertise on healthy communities built around and
integrating transportation, transit, open space, and
park and recreation systems. He oversees projects
throughout California, across the United States, and
abroad.

Fuscoe Engineering
549
Name | Title
Potential Role on Projects
Education
Licenses/Certifications Experience

IAN ADAM, MESM, CPSWQ,
QSD/P
Vice President, Specialty
Practices
PIC, Stormwater
Management
 Master of
Environmental Science
& Management, UC
Santa Barbara
 BS, Science – Ecology &
Systematic Biology, Cal
Poly San Luis Obispo
Ian’s specialty is water resources, with an emphasis in water quality regulations, sea-level rise policy, Clean Water Act Citizen Suits and resource agency
negotiation. He has worked on over 60 General Plan
Updates and Specific Plans throughout California to
assist municipalities and developers with infrastructure assessments, zoning approvals, EIR technical support
and long-term capital improvement planning.

Fehr & Peers Transportation Consultants
JASON D. PACK, T.E.

Principal
Principal-in-Charge
 BS, Civil Engineering,
University of California,
Davis, 1999
Jason is a principal owner at Fehr & Peers with over 20 years of experience in transportation planning and
engineering. Jason is a statewide expert in parking,
travel demand forecasting, VMT, and transportation
impact analysis.

Gensler

NATE CHERRY, FAIA, AICP,
LEED AP BD+C
Senior Associate
Regional Design Director,
Cities Studio
 Harvard University,
Master of Urban
Design, Cambridge, MA
 Tulane University
Master of Architecture,
New Orleans, LA
Nate is a director of urban planning at Gensler with
over 25 years of experience in downtowns, transit,
airports, sports, universities, research, and urban
resilience in communities throughout the U.S., Mexico,
and Canada. He leads a team that has been recognized
with more than 100 national and state planning and
design awards.

Developers Research

PETER WALES
Vice President
Development Cost Estimating
 Bachelor of
Archit
ecture,
Woodbury University,
CA
Peter joined Developers Research in 2003 and is an
excellent resource for both clients and company
employees, consistently being commended for his
accuracy and attention to detail. Peter specializes in
the more complex and larger projects contracted by
the company.

ECORP Consulting

JEREMY ADAMS
Cultural Resources Manager
ECORP Project
Manager/Cultural Resources
Task Manager
 M.A., History (Public
History), California
State University,
Sacramento
 B.A., History, California
State University, Chico
Mr. Adams is a Cultural Resources Manager and Senior
Architectural Historian with 12 years of experience in
developing cultural resources management strategies
and leading the implementation of cultural inventories, evaluations, effects analysis, and preparation of
mitigation documents. He meets the Secretary of the
Interior's Professional Qualification Standards for
Architectural History and History.
550
551
Appendix A:

Financial Capacity
552

FINANCIAL CAPACITY
PlaceWorks is financially stable and has sufficient capacity, staff, and resources to successfully complete the project on -time and on-budget. PlaceWorks has never fi led bankruptcy and is in good financial standing.

553

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554
555
Appendix B:

Disclosure
556

DISCLOSURE
PlaceWorks has no financial, business or other relationship with the City of Costa Mesa, landowners or developers that may have an impact upon the outcome of this project. We have no current clients who may have a financial interest in the outcome of this contract.

557

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558
559
Appendix C:

Professional Service Agreement
560

SAMPLE PROFESSIONAL SERVICE

AGREEMENT
Our proposed agreement changes are shown belo w (additions in red, underlined):

6.9. Indemnification and Hold Harmless . Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against t he City, its elected officials, officers, agents and employees arising out of the negligent performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, e rrors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the negligence of the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.13. Ownership of Documents. All findings, reports, documents, information and data inclu din g,
but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City once payment has been received by Consultant . Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and a ny use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any f orm, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

561

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562
563
Appendix D:

Forms
564
PlaceWorks
Karen Gulley
Managing Principal, Design [email protected]
714.966.9220 ext. 2347 N/A
Henry Bultman
Marketing Manager
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
[email protected]
N/A
X
510.848.3815 ext. 3350
X
x
565
Brian Judd Chief Operating Officer, VP
Charlie Knox
Dwayne Mears
Joanna Jansen
Karen Gulley
Keith McCann
Mark Teague
Principal
Principal, Schools
Managing Principal, Planning
Managing Principal, Design
CEO/CFO, Board Chairman
Managing Principal, Environmental
Randy Jackson President (Ex-officio Board Member)
714.966.9220 ext. 2330
510.848.3815 ext. 3310
714.966.9220 ext. 2316
510.848.3815 ext. 3318
714.966.9220 ext. 2347
714.966.9220 ext. 2367
916.245.7500 ext. 2730
714.966.9220 ext. 2312

95.2975827
N/A
N/A
566
7/7/23
Karen Gulley
567
X
568
None
569
PlaceWorks
S Corporation
3 MacArthur Place, Suite 1100, Santa Ana, CA 92707
www.placeworks.com
X

95.2975827
8:00am-5:00pm, Monday-Friday
48 years
[email protected]
714.966.9220 ext. 2347 714.390.4956
Henry Bultman
510.848.3815 ext. 3350
[email protected]
415.572.6995
Kara Kosel
714.966.9220 ext. 2338 949.322.5683
[email protected]
Karen Gulley
714.966.9220 ext. 2347 714.390.4956
[email protected]
Holidays: New Year's Day, MLK Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Day After Thanksgiving,
Christmas Day. Closed Hours: all day, Saturday and Sunday 13 years
570
Justina Willkom, Planning Director, Community Development City of Tustin
300 Centennial Way, Tustin, CA 92780
PlaceWorks completed the Marine Corps Air Station (MCAS) Tustin Specific Plan in 1999 and an amendment in 2013, as well as a supplemental EIR for the specific plan amendment. The amended Specific Plan focuses on new zoning for key planning areas and creates new design guidelines to address the development that has occurred since the adoption of the original Plan.

City of San Diego
Jimmy Ayala, Division President, TriPointe Homes
$900,000
858.794.2579
Telephone Number: 714.573.3115
PlaceWorks prepared the Southwest Village Specific Plan to create a mixed-use near a future transit stop in the southernmost portion of San Diego.
202 C Street, San Diego, CA 92101
City of San Bernardino
909.384.7272 x3330
David Murray, Principal Planner
290 North D Street, San Bernardino, CA 92401
PlaceWorks is currently completing the San Bernardino Downtown Specific Plan for the City of San Bernardino. The center of the plan is the reconstruction of the dormant and city-owned Carousel Mall site into a vibrant, mixed-use anchor. Additionally, the Downtown Specific Plan will include a new zoning code for downtown, with streetscape standards, allowable land uses, a form-based code, and a process for expedited project review. $280,000
[email protected]
[email protected]
(now with the City of Riverside)
$500,000
[email protected]
571
7/7/23
PlaceWorks
572
573
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
t 714.966.9220
www.placeworks.com
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE 574

EXHIBIT C

COST PROPOSAL

575
576
PlaceWorks’ Cost Proposal
577

COST PROPOSAL
The estimated cost to complete the scope of work described in this proposal is $2,236,253 (which includes a 10% contingency).

We are flexible regarding project costs and associated scope and hope that you will not eliminate us from consideration on the basis of cost alone.

The billing rates for each team member are included in the cost table.

PlaceWorks bills for its work on a time -and-materials basis with monthly invoices.

Assumptions
Our scope includes assumptions related to the City’s role . Below are additional assumptions related to the cost estimate:
 Our cost estimate includes the bi-weekly meetings as shown in Task 1, which will be led by the Project Manager and attended by other team members on an as-needed basis. There is also time in Task 1 associated with meeting preparation and summaries. We anticipate additional meetings with the state and city that may or may not occur during our bi-weekly meetings.
 Outreach meetings will be attended by our Principal-in-Charge, Project Manager, and supporting staff based on the contents and type of engagement planned.
 All deliverables will be submitted to Costa Mesa in electronic (PDF) format, except for printed copies where assumed in the tasks.
 The level of effort for each task is generally related to the number of hours for each task listed in the budget spreadsheet. PlaceWorks may reallocate hours between tasks if individual tasks are completed in less time than anticipated.
 All deliverables will include a draft and then a final version, unless a different number of deliverables is stated in the scope of work.
 City comments on the Administrative Draft EIR are provided electronically in one consolidated set of comments, and will not require new analysis or technical studies.  City comments on the Screencheck Draft EIR will be focused on typographical errors, formatting, and other minor edits only.
 The RFP did not mention the Findings of Fact and Overriding Considerations that are essential to certification of an EIR. We included preparation of Findings in our scope and budget, and can easily remove them from the task if the City will prepare them.
578
 PlaceWorks will inform the City if a request is out of scope. No work on the request will commence until the City has approved the scope change and budget.

Optional Tasks
This proposal includes the following optional tasks. Costs for these tasks are not included in the cost table :

Task Cost
Community Site Tour $10,000
Detailed Alternatives Analysis for Traffic/VMT
 VMT Forecasts $17,830
 Traffic Operations Analysis & Improvements $39,160
 Parking Forecasts $3,880
 Multimodal Transportation Analysis $5,380
 EIR Transportation Metrics $9,415
Tree Survey $15,000
Arborist Assessment Report $7,750

579

TABLE 1 COST ESTIMATE

Karen Gulley Suzanne
Schwab
Molly
Mendoza
Randy
Jackson
Alan
Loomis GIS
Steve
Gunnells
Cory
Whitter
Nicole
Vermilion
Marianna
Zimmerma
Jasmine
Osman
Enviro
Planner
Enviro
Planner Enviro Planner GRAPHICS TECH.

EDITOR
WP/
CLERICAL Gensler Fehr & Peers Fuscoe ECORP Developer's
Research E4
Principal-in-
Charge
Project
Manager
Assistant
PM
Land Use
Planning
Design
Standards
Market
Study
Market
Study
Principal-
in-Charge
Project
Manager
Assistant
Project
Manager III II I
Hourly Rate: $260 $245 $175 $295 $255 $155 $155 $245 $170 $255 $230 $200 $190 $175 $165 $175 $135 $130 TASK 1. Kickoff and Project Management

1.1 Project Kick-off Meeting 8 10 20 10 2 2 4 8 8 72 $16,460 7,000 2,700 1,500 0 0 0 $1,120 $12,320 $28,780

1.2 Bi-weekly Project Meetings 60 100 48 60 40 308 $73,000 10,000 11,520 7,500 14,985 12,000 0 $5,601 $61,606 $134,606

1.3 Day-to-Day Project Management 100 48 40 40 228 $50,100 0 0 0 0 0 0 $0 $0 $50,100 Task 1. Subtotal 68 210 116 10 0 2 2 4 0 68 88 40 0 0 0 0 0 0 608 $139,560 $17,000 $14,220 $9,000 $14,985 $12,000 $0 $6,721 $73,926 $213,486 TASK 2. Community Visioning and Engagement

2.1 Project Branding and Style Guide 2 12 4 60 78 $14,660 0 0 0 0 0 0 $0 $0 $14,660

2.2 Website 16 20 40 12 88 $15,720 0 0 0 0 0 0 $0 $0 $15,720

2.3 Community Workshops and Pop-ups 60 80 80 40 32 292 $60,840 50,000 0 0 0 0 0 $5,000 $55,000 $115,840

2.4 Vision and Guiding Principles 8 16 8 30 8 70 $13,450 0 9,230 0 0 0 0 $923 $10,153 $23,603

2.5 Round Tables/ Stakeholder Interviews 20 40 60 8 40 20 8 2 198 $40,630 0 0 0 0 0 0 $0 $0 $40,630

2.6 Outreach Materials, Survey and Social Media 20 40 40 20 120 $21,600 0 3,043 0 0 0 0 $304 $3,347 $24,947

2.7 Commission/ Council Study Sessions 8 10 10 28 $6,280 0 0 0 0 0 0 $0 $0 $6,280 Task 2. Subtotal 98 194 222 8 0 0 190 20 32 0 0 0 0 0 0 108 2 0 874 $173,180 $50,000 $12,273 $0 $0 $0 $0 $6,227 $68,500 $241,680 TASK 3. Market Feasibility

3.1 Market Demand and Economic Feasibility Analysis 10 20 20 40 100 100 20 10 10 330 $64,850 75,000 0 6,500 0 10,000 0 $9,150 $100,650 $165,500 Task 3. Subtotal 10 20 20 0 0 40 0 100 100 0 0 0 0 0 0 20 10 10 330 $64,850 $75,000 $0 $6,500 $0 $10,000 $0 $9,150 $100,650 $165,500 TASK 4. Comprehensive Existing Conditions Report

4.1 Compile Working Bibliography 40 4 12 56 $9,100 0 0 12,500 15,215 0 0 $2,772 $30,487 $39,587

4.2 Create StoryMap Content 8 32 60 40 40 60 240 $45,920 0 0 0 0 0 0 $0 $0 $45,920

4.3 Summary Memorandum of Key Findings 8 16 8 8 24 24 88 $17,640 0 0 0 0 0 0 $0 $0 $17,640

4.4 Infrastructure and Utility Assessments 4 16 20 $3,600 0 21,780 0 0 0 5,500 $2,728 $30,008 $33,608 Task 4. Subtotal 8 40 76 0 0 40 0 0 0 8 8 72 0 92 0 60 0 0 404 $76,260 $0 $21,780 $12,500 $15,215 $0 $5,500 $5,500 $60,495 $136,755 TASK 5. Water Supply Assessment

5.1 Water Supply Assessment 2 2 $490 0 0 13,500 0 0 0 $1,350 $14, 850 $15,340 Task 5. Subtotal 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 $490 $0 $0 $13,500 $0 $0 $0 $1,350 $14,850 $15,340 TASK 6. Land Use Concept Alternatives and Analysis

6.1 Land Use Alternatives and Analysis 60 60 100 60 12 16 80 16 404 $86,240 150,000 114,375 5,500 0 36,000 2,000 $30,788 $338,663 $424,903 Task 6. Subtotal 60 60 100 60 12 16 80 0 0 0 0 0 0 0 0 16 0 0 404 $86,240 $150,000 $114,375 $5,500 $0 $36,000 $2,000 $30,788 $338,663 $424,903 TASK 7. Administrative Draft Specific Plan and Focused Studies

7.1 Finalize Preferred Plan 40 60 40 32 16 188 $39,540 25,000 0 7,500 0 20,000 0 $5,250 $57,750 $97,290

7.2 Draft Specific Plan 80 160 160 30 100 20 40 20 10 4 624 $128,220 30,000 0 0 0 0 2,500 $3,250 $35,750 $163,970 Task 7. Subtotal 120 220 200 0 30 32 116 20 40 0 0 0 0 0 0 20 10 4 812 $167,760 $55,000 $0 $7,500 $0 $20,000 $2,500 $8,500 $93,500 $261,260 TASK 8. Public Review Draft Specific Plan

8.1 Public Review Draft Specific Plan 32 60 80 16 8 34 16 10 4 260 $52,280 10,000 0 0 0 0 0 $1,000 $11,000 $63,280 Task 8. Subtotal 32 60 80 0 16 8 34 0 0 0 0 0 0 0 0 16 10 4 260 $52,280 $10,000 $0 $0 $0 $0 $0 $1,000 $11,000 $63,280 TASK 9. Environmental Review pursuant to CEQA

9.1 Notice of Preparation & Scoping Meeting 2 8 24 6 8 16 64 $11,360 0 0 0 0 0 0 $0 $0 $11,360

9.2 Annotated EIR Outline 8 16 8 4 36 $7,860 0 0 0 0 0 0 $0 $0 $7,860 Task 9 Subtotal 0 0 0 0 0 0 0 0 0 10 24 32 0 0 0 6 12 16 100 $19,220 $0 $0 $0 $0 $0 $0 $0 $0 $19,220 TASK 10. Program EIR - Admin Draft and Technical Studies

10.1 Administrative Draft EIR 45 80 60 100 240 24 40 24 613 $115,595 0 1,810 0 0 0 0 $181 $1,991 $117,586

10.2 Technical Studies 0 $0 $0 $0 $0

10.2.1 Air Quality/GHG/Energy (PlaceWorks) 34 5 146 4 189.25 $38,268 0 0 0 0 0 0 $0 $0 $38,268

10.2.2 Biological Resources (Ecorp) 8 8 $1,520 0 0 0 40,780 0 0 $4,078 $44,858 $46,378

10.2.3 Cultural Resources (Ecorp) 8 8 16 $3,120 0 0 0 18,450 0 0 $1,845 $20,295 $23,415

10.2.4 Construction Health Risk Assessment 14 48 62 $12,340 0 0 0 0 0 0 $0 $0 $12,340

10.2.5 Noise (Ecorp) 8 8 $1,520 0 0 0 19,989 0 0 $1,999 $21,988 $23,508

10.2.6 Traffic (Fehr & Peers) 4 4 4 16 28 $5,780 0 27,245 0 0 0 0 $2,725 $29, 970 $35,750

10.2.7 Utilities & Technical Infrastructure (FUSCOE) 4 24 28 $5,000 0 0 15,000 0 0 0 $1,500 $16,500 $21,500

10.3 Draft Mitigation Monitoring & Reporting Program 4 12 16 $3,020 0 0 0 0 0 0 $0 $0 $3,020 Task 10. Subtotal 0 0 0 0 0 0 0 0 0 83 107 76 334.25 276 4 24 40 24 968.25 $186,163 $0 $29,055 $15,000 $79,219 $0 $0 $12,328 $135,602 $321,765 TASK 11. Draft Program EIR - Public Review Draft

11.1 Public Draft Program EIR 8 16 16 40 60 8 16 164 $30,500 0 0 0 0 0 0 $0 $0 $30,500

11.2 List of Commenting Agencies 8 4 12 $1,920 0 0 0 0 0 0 $0 $0 $1,920

11.3 Bracketed Comment letters 8 24 4 36 $6,320 0 0 0 0 0 0 $0 $0 $6,320 Task 11. Subtotal 0 0 0 0 0 0 0 0 0 8 16 24 40 92 0 8 0 24 212 $38,740 $0 $0 $0 $0 $0 $0 $0 $0 $38,740 TASK 12. Response to Comments and Administrative Final Program EIR

12.1 Administrative Final EIR 16 20 20 40 2 24 25 147 $27,120 0 2,950 5,250 0 0 0 $820 $9,020 $36,140

12.2 Final Program EIR 8 8 8 15 39 $7,430 0 0 0 0 0 0 $0 $0 $7,430

12.3 Findings of Fact 16 45 61 $11,075 $0 $0 $11,075

12.4 Final Mitigation Monitoring & Reporting Program 4 8 12 $2,320 0 0 0 0 0 0 $0 $0 $2,320 Task 12. Subtotal 0 0 0 0 0 0 0 0 0 24 28 48 48 45 0 2 24 40 259 $47,945 $0 $2,950 $5,250 $0 $0 $0 $820 $9,020 $56,965 TASK 13. Public Hearings and Final Specific Plan and Program EIR

13.1 Public Hearings and Final Specific Plan 12 6 16 16 16 16 4 86 $18,330 0 3,820 0 0 0 0 $382 $4,202 $22,532 Task 13. Subtotal 12 6 16 0 0 0 16 0 0 16 16 0 0 0 0 4 0 0 86 $18,330 $0 $3,820 $0 $0 $0 $0 $382 $4,202 $22,532 Labor Hours Total 408 812 830 78 58 138 438 144 172 217 287 292 422.25 505 4 284 108 122 5319.25 Labor Dollars Total $106,080 $198,940 $145,250 $23,010 $14,790 $21,390 $67,890 $35,280 $29,240 $55,335 $66,010 $58,400 $80,228 $88,375 $660 $49,700 $14,580 $15,860 $1,071,018 $357,000 $198,473 $74,750 $109,419 $78,000 $10,000 $82,766 $910,408 $1,981,426 PlaceWorks Percent of Total Labor 8% 15% 16% 1% 1% 3% 8% 3% 3% 4% 5% 5% 8% 9% 0% 5% 2% 2%

EXPENSES
PlaceWorks Reimbursable Expenses $45,200
Subconsultants' Reimbursable Expenses $11,484
EXPENSES TOTAL $56,684
GRAND TOTAL $2,038,110
$198,143
GRAND TOTAL (w/ contingency) $2,236,253
Total Task
Budget
PlaceWorks
Hours
PlaceWorks
Total

SUBCONSULTANTS
Design and
Adaptive Reuse Infrastructure Bio/Cultural
10%
Subconsultant
Markup
Land
Development Utilities
10% Contingency
Mobility and
Traffic
Planner/
Designer

PLACEWORKS
Subconsultant
Total
580

EXHIBIT D

CITY COUNCIL POLICY 100-5

581

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

BACKGROUND

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

PURPOSE

It is the purpose of this Policy to:

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

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

POLICY

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

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

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

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

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

582

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

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

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

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

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

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

583

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.

584

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1335 Meeting Date: 8/1/2023
TITLE:

AUTHORIZATION OF AN ADDITIONAL PARK RANGER FOR HARPER PARK SCHOOL FIELD

ACCESS AND UPDATE REGARDING ENHANCED SECURITY AT FOUR NEWPORT MESA

UNIFIED SCHOOL DISTRICT FIELDS ON THE WESTSIDE
DEPARTMENT: PARKS AND COMMUNITY SERVICES
PRESENTED BY: ALMA REYES, DEPUTY CITY MANAGER
CONTACT INFORMATION: ALMA REYES, DEPUTY CITY MANAGER, (714) 754-5090 RECOMMENDATION:

Staff recommends the City Council:

1. Authorize an increase to the City’sTable of Organization by one full-time Park Ranger position in the Police Department and increase the Fiscal Year 2023-34 Adopted Budget accordingly.

2. Receive and file an update on upcoming amendments to the existing Lyons Security Services agreement to increase access to open space at up to four elementary school sites on the Westside (Rae, Wilson, Whittier and potentially Pomona) for open space during off school hours, as previously approved by the City Council.

BACKGROUND:

Developing strategies to increase park access, especially for those living in areas lacking open space has been a primary objective of the City Council and staff. In efforts to address the need for open space for recreational purposes, staff has been meeting with Newport Mesa Unified School District (NMUSD) staff to discuss public access to school fields, playgrounds, and basketball courts at specific school sites when fields are not utilized by permitted user groups.

Currently, the Parks and Community Services Department staff coordinates and manages all sports user groups and field allocation for all City of Costa Mesa and NMUSD fields as per the Joint Use Agreement (JUA). During the City’suse of the school site fields, the fields are only opened when a reservation by a permitted user group has been made. When fields are not reserved, or field use is canceled by a permitted user group, the fields remain closed.

Both City and NMUSD staff have discussed the opening of school sites including Rea, Wilson, and Whittier Elementary (and potentially Pomona if needed), and Harper Park for open space and recreational use when not permitted to user groups. Opening these school sites would provide recreational opportunities, especially for the youth and adults living on the Westside and Eastside of Costa Mesa where open space is scarce.

In efforts to meet the current demand for open space, staff is recommending the enhanced use of

Page 1 of 3 ends

585
File #: 23-1335 Meeting Date: 8/1/2023
In efforts to meet the current demand for open space, staff is recommending the enhanced use of school fields off-hours. To facilitate the use of open space while also ensuring public safety staff is requesting one additional park ranger position to monitor the school field adjacent to Harper Park during school hours. This additional Park Ranger position will monitor the school field during school hours to ensure students are safe and are able to recreate on fields that are clean and free of pet feces or dogs off leash.

For school sites on the Westside, the City Council has already provided the City Manager authority to amend the City’sprivate security contract to ensure the safety of residents and the security of school facilities. This update is for transparency purposes only.

ANALYSIS:

The opening of school sites for open space and recreational public use will require additional resources to ensure the safety and security of school sites for the enjoyment of the community which is in alignment with the City Council Strategic Plan goals to Strengthen the Public’s Safety and Improve the Quality of Life.

Staff is requesting the addition of one full-time Park Ranger position that will help enhance patrol and monitoring of parks and school sites open to the public for recreational opportunities, but in particular, the school field adjacent to Harper Park, which was recently fenced due to safety and cleanliness concerns expressed to the District by students, parents and teachers. It is anticipated that the addition of a Park Ranger position at the school field adjacent to Harper Park as a pilot project for the next six months will help ensure public safety and cleanliness in a manner that would allow the District to remove the existing fence and assure students, parents and teachers that current challenges with responsible pet ownership are being addressed. After the initial six month period, the Park Ranger position can function in a roving capacity along with the City’sother Park Rangers to monitor all City parks and fields.

Additionally, security guard services are necessary to provide for safety and security at other school sites. Currently, NMUSD provides security services at Rea Elementary, as it is an active campus with various after-school programs onsite Monday through Friday. However, the City would need to provide security guard services on the weekends at Rea Elementary. Further, security guard services at Wilson and Whittier Elementary Schools would be needed during weekdays and weekends, and potentially Pomona as well. Security services would be on a roving basis and could be further enhanced in the future if needed and can be absorbed within the existing adopted budget through salary savings in the Parks and Community Services Budget.

Currently, the City contracts with Lyons Security Services to provide unarmed security guard services at the Costa Mesa Senior Center and Lions Park Campus. Staff recommends that the City Council receive and file staff’sintent to negotiate an amendment to the existing contract for unarmed security guard services at the additional school sites. Staff is currently negotiating the final details of such an amendment and it is anticipated the cost would fall below the City Manager’s authorization of $100,000.

Page 2 of 3 ends

586
File #: 23-1335 Meeting Date: 8/1/2023
ALTERNATIVES:

City Council may choose to reject the addition of a full-time Park Ranger position; however, this option is not recommended as providing access to safe and enjoyable open spaces for recreational opportunities to City residents would enhance the Council’sstrategic plan goals to Strengthen the Public’s Safety and Improve Quality of Life.

FISCAL REVIEW:

The FY 2023-24 Parks and Community Services Department General Fund adopted budget includes the unarmed security services contract with Lyons Security Services for $300,000, with a $30,000 contingency. City staff will initiate negotiations with Lyons Security Services to add four school sites in the Westside during off school hours so those sites can be utilized as open space areas for public use.

Additionally, City staff is requesting City Council approval to add one full-time Park Ranger position for the fully burdened cost of $126,170. The FY 2023-24 Parks and Community Services Department adopted General Fund budget of $8.6 million can absorb this additional expense, as the impact will be prorated based on the hire date.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

Staff recommends the City Council:

1. Authorize an increase to the City’sTable of Organization by one full-time Park Ranger position in the Police Department and increase the Fiscal Year 2023-34 Adopted Budget accordingly.

Page 3 of 3 ends

587

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1328 Meeting Date: 8/1/2023
TITLE:

REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RESEARCH FOR AND POTENTIAL DEVELOPMENT OF AMENDMENTS TO THE CITY’S CANNABIS ORDINANCES DEPARTMENT:ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION
PRESENTED BY: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES CONTACT INFORMATION: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES, (714) 754-5270
RECOMMENDATION:

Staff recommends the City Council provide direction regarding researching and exploring with the Planning Commission options and amendments to the City’s cannabis regulations to address concerns regarding potential unanticipated business displacement and overconcentration of retail cannabis businesses.

Page 1 of 1 ends

588

Page 1 of 3 ends

City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 23-1328 Meeting Date: 8/01/2023
TITLE: REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RESEARCH FOR AND POTENTIAL DEVELOPMENT OF AMENDMENTS TO THE CITY’S CANNABIS ORDINANCES

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT /PLANNING

DIVISION

PRESENTED BY: JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES

CONTACT INFORMATION : JENNIFER LE, DIRECTOR OF ECONOMIC AND DEVELOPMENT SERVICES, (714) 754-5270
RECOMMENDATION:

BACKGROUND:

On November 3, 2020, Costa Mesa voters approved Measure Q, the Costa Mesa Retail Cannabis Tax and Regulation Measure. This measure allowed the City to adopt regulations permitting cannabis storefront retail (dispensaries) and non -storefront retail (delivery) within the City subject to certain requirements. On June 15, 2021, the City Council adopted Ordinances No. 21 -08 and No. 21 -09 to amend Titles 9 and 13 of the CMMC to establish regulations for legal cannabis storefront and non - storefront (delivery) businesses. The Ordinances are linked below:

 Ordinance No. 2021-08 (Title 9, Business Licenses);
 Ordinance No. 2021-09 (Title 13, Zoning).

The Ordinances establish minimum standards and permitting requirements for cannabis retail businesses. Applicants must obtain the following City approvals and State approval before conducting business in Costa Mesa:

 Pre-Application Determination;
 Cannabis Business Permit (CBP) Notice to Proceed;
 Conditional Use Permit (CUP);
 Building Permit(s);
 Final City Inspections;
 CBP Issuance; and
 City Business License.
589

Item #: 23-1328 Meeting Date: 8/01/2023

Page 2 of 3 ends

Once issued, a Cannabis Business Permit must be renewed every two -years. During the two -year period, City staff conducts site inspections to verify that the business is operating in compliance with requirements. Cannabis retail businesses are also subject to a City-established seven-percent gross receipts tax. Records and revenues are required to be audited annually.

Separation requirements from sensitive uses were also established. No cannabis retail storefront use can be located within 1,000 feet from a K-12 school, playground, licensed child daycare, or homeless shelter, or within 600 feet from a youth center as defined in the Municipal Code.

Since adoption, the City has approved 21 Conditional Use Permits for cannabis retail storefronts, three Conditional Use Permits for standalone cannabis delivery businesses, and eight Minor Conditional Use Permits to add delivery to an existing cannabis manufacturing or distribution facility located in the City’s Measure X “green zone”. Seven cannabis storefronts, one standalone delivery business, and six delivery businesses that are part of an existing manufacturing/distribution cannabis business in the “green zone” are currently operating.

At the July 18, 2023 City Council meeting, Councilmember Marr requested that an item be agendized for the next City Council meeting to discuss the possibility of exploring amendments to the City’s ordinances to address concerns regarding potential business displacement and overconcentration.

ANALYSIS:

In accordance with City Council Policy 300 -6, proposals that are likely to involve a substantial commitment of staff time and research must be brought forward to the City Council for authorization.

If the majority of the Council supports this request, staff would work with the City’s Planning Commission to explore the extent to which business displacement and overconcentration of cannabis retail businesses is occurring. Depending on those exploratory findings, staff would work with the Planning Commission to develop options, recommendations and /or an ordinance amendment to address those topics.

The Planning Commission would make a recommendation to the City Council. The City Council is the final decision-making body.

ALTERNATIVES:

The City Council can decide not to direct staff to explore possible options, recommendations and/or amendments to the City’s cannabis regulations.

FISCAL REVIEW:

There is no fiscal impact associated with conducting the analysis, though staff time will be spent on exploring and identifying options and recommendations for consideration.

590

Item #: 23-1328 Meeting Date: 8/01/2023

Page 3 of 3 ends

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

591

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1334 Meeting Date: 8/1/2023
TITLE:

REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RESEARCH FOR AND

POTENTIAL DEVELOPMENT OF AN EVICTION ORDINANCE
DEPARTMENT: CITY ATTORNEY’S OFFICE
PRESENTED BY: KIMBERLY HALL BARLOW, CITY ATTORNEY
CONTACT INFORMATION: KIMBERLY HALL BARLOW, CITY ATTORNEY, (714) 446-1400 RECOMMENDATION:

Consider whether to direct staff to prepare a report on a possible ordinance requiring just cause for termination of residential tenancies.

BACKGROUND:

A request was made to the City Manager and City Attorney to agendize an item for City Council consideration on whether to direct staff to explore options for potential consideration of an ordinance requiring just cause for termination of residential tenancies. Staff believes doing a full analysis and recommendation in connection with this item will take more than four hours, requiring City Council approval before the work is undertaken.

ANALYSIS:

In 2019, the State Legislature adopted the Tenant Protection Act of 2019, which was effective on January 1, 2020. This legislation provided protection for certain residential tenants requiring just cause for termination of tenancy under specified circumstances. The legislation also allowed local ordinances adopted after September 1, 2019 to supersede the California Civil Code provisions if the local ordinance is more protective than state law.

A number of California cities have adopted such local ordinances. Two examples are attached to this report, from the City of Long Beach (Attachment 1) and the City of Buena Park (Attachment 2).

There are other ordinances that staff would want to review and evaluate to determine whether such an ordinance would be appropriate in Costa Mesa, and if so, what provisions in such an ordinance would best fit Costa Mesa’s unique issues.

Staff has evaluated this matter, and believes that doing a comprehensive evaluation and report to the City Council for its consideration will take more than four hours of staff time. Hence, pursuant to City Council policy, staff is requesting City Council authorization to proceed.

Page 1 of 2 ends

592
File #: 23-1334 Meeting Date: 8/1/2023
ALTERNATIVES:

The City Council could determine not to direct staff to do the evaluation necessary to return to City Council on this item.

FISCAL REVIEW:

There is no direct fiscal impact to this item, as staff believes the necessary evaluation can be performed within the existing budget.

LEGAL REVIEW:

The City Attorney prepared this report.

CITY COUNCIL GOALS AND PRIORITIES:

Diversify, Stabilize and Increase Housing to Reflect Community Needs CONCLUSION:

Staff Recommends that the City Council consider this item and direct staff accordingly.

Page 2 of 2 ends

593
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28 ORDINANCE NO. ORD-22-0006

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AMENDING THE LONG BEACH

MUNICIPAL CODE BY AMENDING AND RESTATING
CHAPTER 8.99, RELATING TO JUST CAUSE FOR

TERMINATION OF TENANCIES
WHEREAS, the California State Legislature adopted the Tenant Protection Act of 2019 (the "Act"), and the Act became effective by its own terms as of January 1, 2020;and
WHEREAS, the Act provides certain tenants of residential real property with just cause eviction protections under certain circumstances; and WHEREAS, the Act provides that a local ordinance adopted after September 1, 2019 requiring just cause for termination of a residential tenancy shall supersede California Civil Code Section 1946.2 only if the ordinance is "more protective" than Section 1946.2; and
WHEREAS, the City Council previously adopted Long Beach Municipal Code Chapter 8.99 with just cause termination of tenancy provisions that are more protective than Civil Code Section 1946.2; and
WHEREAS, the City Council desires to amend certain provisions of Chapter

8.99 regarding no fault just cause termination of tenancies in connection with substantial remodeling of residential units;
NOW, THEREFORE, The City Council of the City of Long Beach ordains as follows:

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1 Section 1. Chapter 8.99 of the Long Beach Municipal Code is amended 2 II and restated to read as follows:
3 II Chapter 8.99
4 5
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16 17
18 19
20 21
22 23
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26 27
28 JUST CAUSE FOR TERMINATION OF TENANCIES

8.99.010
(a)
Findings and purpose.

In accordance with California Civil Code Section
1946.2(g)(1 )(B), the City Council finds that the provisions of this Chapter

8.99 regulating just cause terminations of tenancies are more protective than California Civil Code Section 1946.2 f or the following reasons:
(1) The just cause for termination of a residential tenancy under this Chapter 8.99 is consistent with California Civil Code Section 1946.2.
(2) This Chapter 8.99 provides additional tenant
protections that are not prohibited by any other provisions of applicable law.

8.99.020
(a)
Just cause termination of tenancy protections.

Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease bef ore an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
(1) All of the tenants have continuously and lawfully
occupied the residential real property for 12 months or more.

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0135427 4.DOC
(2) One or more tenants have continuously and lawfully
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occupied the residential real property f or 24 months or more. (b) For purposes of this Chapter, "just cause" includes either of the following:
(1) At-fault just cause, which is any of the following:
(A) Default in the payment of rent.
(B) A breach of a material term of the lease, as
described in paragraph (3) of Section 1161 of the California Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. (C) Maintaining, committing, or permitting the
maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure. (D) Committing waste as described in paragraph (4)
of Section 1161 of the California Code of Civil Procedure. (E) The tenant had a written lease that terminated
on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this Chapter or any other provision of law.
(F) Criminal activity by the tenant on the residential
real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Calif ornia Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property. (G) Assigning or subletting the premises in violation
of the tenant's lease, as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.

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27 (H) The tenant's refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections 13113.7 and 17926.1 of the California Health and Safety Code.
(I) Using the premises for an unlawful purpose as
described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
(J) The employee, agent, or licensee's failure to
vacate after their termination as an employee, agent, or a licensee as described in paragraph ( 1) of Section 1161 of the Calif ornia Code of Civil Procedure.
(K) When the tenant fails to deliver possession of
the residential real property after providing the owner written notice as provided in Section 1946 of the California Civil Code of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Calif ornia Code of Civil Procedure. (2) No-fault just cause, which includes any of the following:
(A) (i) Intent to occupy the residential real
property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(ii) For leases entered into on or after July 1,
2020, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the 28 II residential real property. Addition of a provision allowing the owner to RFA:bg A22-00128 (01-27-2022)
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terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
(B) Withdrawal of the residential real property from
the rental market.
(C) (i) The owner complying with any of the
following:
(I) An order issued by a government
agency or court relating to habitability that necessitates vacating the residential real property.
(II) An order issued by a government
agency or court to vacate the residential real property. (Ill) A local ordinance that necessitates
vacating the residential real property.
(ii) If it is determined by any government
agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
(D) (i) Intent to demolish or to substantially
remodel the residential real property.
(ii) For purposes of this subparagraph,
"substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires RFA:bg A22-00128 (01-27-2022)
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the tenant to vacate the residential real property for at least 30 days.

Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation. (c) Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the California Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy. (d) All pending notices of termination issued on or after January 1, 2020 but before the effective date of this Chapter by a residential real property owner for no-fault just cause described in subparagraph 2(0) of subdivision (b) shall be null and void and of no force or effect. Before an owner of residential real property issues a notice to terminate a tenancy for no-fault just cause described in subparagraph 2(0) of subdivision (b), the owner shall have obtained all necessary permits for the substantial remodel from all applicable governmental agencies, and in the case of a permit issued by the City, such permit issuance will be conditioned upon the owner providing a complete list of all tenants whose tenancies will be terminated in connection with the permitted work. All termination notices for no-fault just cause described in subparagraph 2(0) of subdivision (b) shall include a copy of all issued permits and include reasonably detailed information regarding each of (i) the scope of the substantial remodeling work, (ii) why it cannot be reasonably accomplished in a safe manner with the tenant in place, and (iii) why it requires the tenant to vacate f o r at least 30 days. (e)
RFA:bg A22-00128 (01-27-2022)
0135427 4.DOC
(1) For a tenancy for which just cause is required to
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terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:
(A) Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3).
(B) Waive in writing the payment of rent for the final
month(s) of the tenancy, prior to the rent becoming due. (2) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant's right to relocation assistance or rent waiver pursuant to this Chapter. If the owner elects to waive the rent for the final month(s), of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month(s) of the tenancy. (3) (A) The amount of relocation assistance or rent
waiver shall be equal to (i) in the case of a termination notice under subparagraph (2)(0) of subdivision (b), the greater of $4,500 or two months of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy, or (ii) in the case of all other no-fault just cause terminations, one month of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice. (B) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession. (C) The relocation assistance or rent waiver required
by this subdivision shall be credited against any other relocation assistance 7 RFA:bg A22-00128 (01-27-2022)
01354274.DOC 600
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required by any other law.
(4) An owner's failure to strictly comply with this subdivision shall render the notice of termination void.
(f) This Chapter shall not apply to the f o llowing types of residential real properties or residential circumstances:
(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Calif ornia Civil Code. (2) Housing accommodations in a nonprofit hospital,
religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the California Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the California State Department of Social Services.
(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (4) Housing accommodations in which the tenant shares
bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
(5) Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
(6) A duplex in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
(7) Housing that has been issued a certificate of occupancy within the previous 15 years.

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0135427 4.DOC
(8) Residential real property that is alienable separate from 8 601
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the title to any other dwelling unit, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined
in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at
least one member is a corporation.
(B) (i) The tenants have been provided written
notice that the residential property is exempt from this Chapter using the following statement:
"This property is not subject to the rent limits imposed by Section 194 7 .12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
(ii) For a tenancy existing before July 1,
2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(iii) For any tenancy commenced or renewed
on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
(iv) Addition of a provision containing the
notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
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01354274.DOC 602
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(9) Housing restricted by deed, regulatory restriction
contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Calif ornia Health and Safety Code or comparable federal statutes.
(g) An owner of residential real property subject to this Chapter shall provide notice to the tenant as follows:
(1) For any tenancy commenced or renewed on or after
July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant. (2) For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
(3) The notification or lease provision shall be in no less than 12-point type, and shall include the following:
"California law limits the amount your rent can be increased.

See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code f or more information." The provision of the notice shall be subject to Section 1632 of the California Civil Code.
(h) Any waiver of the rights under this Chapter shall be void as RFA:bg A22-00128 (01-27-2022)
01354274.DOC
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contrary to public policy.
(i) Any owner of residential real property who intentionally violates this Chapter when issuing an invalid termination notice pursuant to subparagraph 2(0) of subdivision (b), shall be liable in a civil action to the tenant for a civil penalty in an amount of up to fifteen thousand dollars ($15,000), and/or reasonable attorney's fees and costs, each as determined by the court. A tenant may enforce the provisions of this subdivision (i) by means of a civil action.
apply:
0 ) For the purposes of this Chapter, the following definitions shall (1) "Owner" and "residential real property" have the same meaning as those terms are defined in Section 1954.51 of the Calif o rnia Civil Code.
(2) ''Tenancy" means the lawful occupation of residential real property and includes a lease or sublease.
(k) This Chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.

Section 2. This ordinance shall be and become effective on the thirty-first (31st) day after it is approved by the Mayor. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Long Beach and shall cause the same to be posted in three (3) conspicuous places in the City of Long Beach.

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0135427 4.DOC 604
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1 II I certify that upon a roll call and vote on adoption of the ordinance, it was 2 II
adopted by the City Council of the City of Long Beach by the following vote:
3 4 Ayes: Councilmembers:
5 6
7 Noes: Councilmembers:
8 9 Absent: Councilmembers:
10 11 Recusal(s): Councilmembers:
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0135427 4.DOC
Zendejas, Allen, Price, Supernaw,
Mungo, Saro, Uranga, Austin,
Richardson.

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12 .!
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1 II I further certify that the foregoing ordinance was thereafter adopted on final 2 II reading by the City Council of the City of Long Beach at its meeting of 3 II
February 15 , 2022, by the following vote:
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28 Ayes: Councilmembers:

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Absent: Councilmembers:

Recusal(s): Councilmembers:

Approved: ?i:_2�1� (Date) 7
RFA:bg A22-00128 (01-27-2022)
0135427 4.DOC
13 Zendejas, Allen, Price, Supernaw,
Mungo, Saro, Uranga, Austin,
Richardson.

None.

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·�-
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606
ORDINANCE NO. 1721

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA AMENDING TITLE 8 ( HEALTH, SAFETY AND

WELFARE) OF THE BUENA PARK MUNICIPAL CODE BY ADDING
CHAPTER 8. 60 ( JUST CAUSE TENANT PROTECTIONS)
A. RECITALS
1) The California Legislature adopted the Tenant Protection Act of 2019 ( Civil Code section 1946.2 et seq., the " Act") which, as of January 1, 2020, provides " just cause" eviction protections to qualifying tenants of certain residential real property; ii) The Act, in subsection ( g)( 1)(B) of Civil Code Section 1946.2, states that a local ordinance requiring "just cause" for landlordsto terminate a residentialtenancy is valid and will prevail over the Act so long as the just cause eviction protections in the local ordinance are consistentwith the Act and, so longas the ordinance, as supportedby bindinglegislativefindings of the local government, is "more protective" than the Act by: further limiting the reasons for terminating a residential tenancy, providing for higher relocation assistance, or providing additional tenant protections that are not otherwise prohibited by law; iii) The City of Buena Park (" City") is a California charter city with plenary authority over all " municipal affairs," in addition to the broad "police powers" vested in municipalities by California's Constitution, pursuantto which the City may make and enforce laws necessaryto protect and preserve the health, safety, and general welfare of its residents; iv) Pursuant to this broad authority and express authorizationin the Act, the City Council for the City of Buena Park ("City Council") finds it necessary and appropriate to adopt a local ordinance establishing "just cause" eviction protections that are both consistent with the just cause projections of the Act and " more protective" than the Act in specified circumstances; and v) Based upon all matters presented to it in connection with its consideration of this ordinance, the City Council finds and declares that the legislative findings and declarations made herein are true, correct, and binding, and that all legal prerequisites to the adoption of this ordinance have been duly performed.

B. ORDINANCE

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK DOES ORDAIN AS FOLLOWS:

SECTION 1. Title 8 ( HEALTH AND SAFETY) of the Buena Park Municipal Code is hereby amended by adding Chapter 8.60 (JUST CAUSE TENANT PROTECTIONS) to read as follows:

Attachment 2
607
ORDINANCE NO. 1721

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Costa Mesa City CouncilAugust 1, 2023

Costa Mesa City Council
August 1, 2023