CITY OF COSTA MESA
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY*
Agenda - Final Amended
City Council Chambers
77 Fair Drive
6:00 PMTuesday, August 1, 2023
*Note: All agency memberships are reflected in the title "Council Member" POTENTIAL REALLOCATION OF LIONS PARK CAFÉ GRANT FUNDS TO OTHER PARKS
PROJECT(S) HAS BEEN REMOVED FROM THE AGENDA
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having system outages or experiencing other critical issues, the meeting will continue in person.
TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.
Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.
Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.
1 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
Zoom Webinar:
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https://us06web.zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 983 7639 0419/ Password: 905283
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Participate via telephone:
Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.
Note, if you have installed a zoom update, please restart your computer before participating in the meeting.
Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].
Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
2 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.
All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.
Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.
As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.
A minimum number of hard copies of the agenda will be available in the Council Chambers.
For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing.
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR
35.102.35.104 ADA Title II].
3 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY
AUGUST 1, 2023 – 6:00 P.M.
JOHN STEPHENS
Mayor
JEFFREY HARLAN ANDREA MARR Mayor Pro Tem - District 6 Council Member - District 3
MANUEL CHAVEZ LOREN GAMEROS
Council Member - District 4 Council Member - District 2
ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1
KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager
CALL TO ORDER
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
ROLL CALL
PRESENTATIONS:
1. Recognition of the Costa Mesa Little League (CMLL) Teams
2. Commendation to Costa Mesa Little League President Brian Rottschafer
3. SoCal Gas Check Presentation
4 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Consent Calendar items may also be heard at this time.
Comments are limited to 3 minutes, or as otherwise directed.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 4 minutes. Additional comments will be heard at the end of the meeting.
1. Council Member Reynolds
2. Council Member Chavez
3. Council Member Gameros
4. Council Member Harper
5. Council Member Marr
6. Mayor Pro Tem Harlan
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
23-1330
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
2. READING FOLDER 23-1331
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Jenette Martinez, Chelsea Nava, Tyler Tessmann.
5 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
3. ADOPTION OF WARRANT RESOLUTION 23-1333
RECOMMENDATION:
City Council approve Warrant Resolution No. 2702.
1. Summary Check Register 7.13.23
2. Summary Check Register 7.20.23
Attachments:
4. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2023 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
23-1309
RECOMMENDATION:
Staff recommends the City Council:
Designate City Manager Lori Ann Farrell Harrison as Costa Mesa ’s voting delegate and Deputy City Manager Alma Reyes as the alternate for the 2023 League of California Cities Annual Conference.
1. 2023 Annual Conference Voting Delegate/Alternate FormAttachments:
6 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
5. VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT AT 1940 WALLACE AVENUE
23-1302
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution 2023-xx to vacate a portion of a City public utility easement at 1940 Wallace Avenue.
2. Authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk.
ENVIRONMENTAL DETERMINATION:
The proposed action is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Even if considered a project, it would be categorically exempt under Class 1, section 15301 (Existing Facilities), Class 3, section 15307 (New Construction or Conversion of Small Structures) and/or Class 32, section 15332 (Infill Development).
1. Resolution
2. Quitclaim Deed
3. Plat and Legal
4. PC Resolution 2023-18
Attachments:
7 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
6. VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT AT 2156 MYRAN DRIVE
23-1303
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution 2023-xx for the vacation of a portion of a City public utility easement at 2156 Myran Drive.
2. Authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk.
ENVIRONMENTAL DETERMINATION:
The proposed action is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines. Even if considered a project, it would be categorically exempt under Class 1, section 15301 (Existing Facilities), and/or Class 32, section 15332 (Infill Development).
1. Resolution
2. Quitclaim Deed
3. Plat and Legal
4. PC Resolution 2023-19
Attachments:
7. FIFA WORLD CUP 2026 - POTENTIAL USE OF JACK HAMMETT
SPORTS COMPLEX
23-1308
RECOMMENDATION:
Staff requests City Council direction on:
1. Use of Jack Hammett Sports Complex as a Team Base Camp for a national soccer team during the 2026 FIFA World Cup tournament.
2. Authorize the City Manager to negotiate and execute necessary agreements in accordance with City Council direction.
1. Costa Mesa Training Site - Rental Fee
2. FIFA World Cup 2026 Training Site Photos
Attachments:
8 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
8. SCHOOL CROSSING GUARD SERVICES 23-1310
RECOMMENDATION:
Staff recommends the City Council:
1. Approve a Professional Services Agreement (PSA) with All City Management Services (ACMS) to provide school crossing guard services for the 2023- 2024 and 2024-2025 school years for an initial two-year period, for a total not-to-exceed amount of $328,569 annually and an option to extend for up to three (3) additional terms of one (1) year each.
2. Approve the Consumer Price Index (CPI) increase for each extension period.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future authorized amendments to the agreement.
1. Proposed PSA with ACMS
2. Exhibit 2 - Crossing Guards Map
3. Previous PSA with ACMS 8/1/2019
Attachments:
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------
9 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. APPEAL OF PLANNING APPLICATION 22-04 FOR A RETAIL
CANNABIS STOREFRONT BUSINESS LOCATED AT 2790 HARBOR
BOULEVARD, SUITES 107, 109, AND 115 (FROM THE EARTH)
23-1326
RECOMMENDATION:
Staff recommends the City Council:
1. Uphold the Planning Commission ’s decision and adopt a Resolution to deny Planning Application 22-04; or
2. Overturn the Planning Commission ’s decision and adopt a Resolution to approve Planning Application 22-04, subject to City Council findings and conditions of approval.
Agenda Report
1. Resolution for Denial
2. Resolution for Approval
3. Filed Appeal Application & Supplemental Information
4. Planning Commission Resolution
5. Planning Commission Minutes
6. Planning Commission Public Comments
Attachments:
10 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
OLD BUSINESS:
1. RECOMMENDATIONS FROM CITY COUNCIL COMMITTEE LIAISONS
REGARDING CITY COMMITTEES
23-1313
RECOMMENDATION:
Staff recommends that the City Council approve the recommendations of the City Council Committee Liaisons as follows:
1. Review and approve the City Council Liaisons recommendations on the Committees’ Scopes of Work (Attachment 1).
2. Streamline all Committees to seven ( 7) members, through attrition as terms expire, except for the Active Transportation Committee, Mobile Home Park Advisory Committee and the Traffic Impact Fee Committee.
3. Consent to the formation of an Ad Hoc Committee ( e.g. standing committees, subcommittees, working groups) upon approval of the City Council Liaison and City Attorney.
4. Request staff to meet with the Costa Mesa Historical Society on a potential merger of the Society and the Historical Preservation Committee.
5. Approve revised Council Policy 000.2, with City Council ’s recommendations to be incorporated (Attachment 2).
1. Committees
2. Draft Council Policy 000-2
Attachments:
11 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
NEW BUSINESS:
1. APPOINTMENT TO THE PLANNING COMMISSION 23-1292
RECOMMENDATION:
Staff recommends Council Member Marr make one ( 1) member appointment to the Planning Commission (term expiration of January 2027), with approval by the City Council.
1. Planning Commission ApplicationsAttachments:
2. GENERAL PLAN SCREENING REQUEST (GPS- 23-03) FOR A
PROPOSED RESIDENTIAL DEVELOPMENT ON A 14.25 ACRE SITE
LOCATED AT 3333 SUSAN AVENUE (“Hive Live”)
23-1327
RECOMMENDATION:
Staff recommends 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”).
Agenda Report
1. Applicant Letter
2. Applicant Letter 2
3. Trip Generation
4. Preliminary Plans
Attachments:
3. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
POTENTIAL REALLOCATION OF LIONS PARK CAFÉ GRANT FUNDS TO OTHER
PARKS PROJECT(S)
12 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
4. 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
23-1336
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.
1. CIP AttachmentAttachments:
13 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
5. PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY
VISIONING AND LAND USE PLANNING SERVICES FOR THE
FAIRVIEW DEVELOPMENTAL CENTER
23-1329
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.
Agenda Report
1. FDC Oct. 4, 2022 Agenda Report
2. FDC Agreement
3. PSA Placeworks FDC 8-1-23
Attachments:
6. 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
23-1335
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize an increase to the City ’s Table 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.
14 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY*
Agenda - Final Amended August 1, 2023
7. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE
RESEARCH FOR AND POTENTIAL DEVELOPMENT OF
AMENDMENTS TO THE CITY’S CANNABIS ORDINANCES
23-1328
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.
Agenda ReportAttachments:
8. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE
RESEARCH FOR AND POTENTIAL DEVELOPMENT OF AN
EVICTION ORDINANCE
23-1334
RECOMMENDATION:
Consider whether to direct staff to prepare a report on a possible ordinance requiring just cause for termination of residential tenancies.
1. Long Beach Ordinance No. 22-0006
2. Buena Park Ordinance No.1721
Attachments:
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
15 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1330 Meeting Date: 8/1/2023
TITLE:
PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
RECOMMENDATION:
City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1331 Meeting Date: 8/1/2023
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Jenette Martinez, Chelsea Nava, Tyler Tessmann.
17 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1333 Meeting Date: 8/1/2023
TITLE:
ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:
City Council approve Warrant Resolution No. 2702.
BACKGROUND:
In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.
FISCAL REVIEW:
Funding Payroll Register No. 23-14 “A” Off Cycle for $2,502.90 and 23-15 On Cycle for $3,463,374.15 and City operating expenses for $ 2,828,942.69
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68 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1309 Meeting Date: 8/1/2023
TITLE:
DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2023 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:
Staff recommends the City Council:
Designate City Manager Lori Ann Farrell Harrison as Costa Mesa’svoting delegate and Deputy City Manager Alma Reyes as the alternate for the 2023 League of California Cities Annual Conference.
BACKGROUND:
The League of California Cities 2023 Annual Conference & Expo is scheduled on September 20-22, 2023 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting on Friday, September 22, 2023. In order to vote at this meeting, the City Council must designate a voting delegate and up to two alternate voting delegates.
ANALYSIS:
The designation of a voting delegate will allow the City to participate in the Annual Business Meeting.
It is at this meeting that the League membership considers and takes action on resolutions that establish League policy throughout the coming year. Information on what resolutions will be reviewed is not available at this time.
Consistent with League bylaws, a city’svoting delegate and up to two alternates must be designated by the City Council. A voting delegate can either be an elected or appointed official. The City Clerk or Mayor must sign the attached form affirming that the names provided are those that were selected by the City Council (Attachment 1). The voting delegate and alternates must be registered to attend the conference. The voting delegates must be present at the Business Meeting and in possession of the voting card in order to cast a vote. Transferring a voting card to a non-designated individual is not allowed. Currently, City Manager Lori Ann Farrell Harrison and Deputy City Manager Alma Reyes are registered to attend the conference. At this time no Council Members are registered to attend the conference.
69 File #: 23-1309 Meeting Date: 8/1/2023
ALTERNATIVES:
City Council may choose to not appoint a delegate and alternate; therefore, will be unable to vote at the Annual Business Meeting.
FISCAL REVIEW:
There is no fiscal impact associated with the request to designate the City Manager as the City’s voting delegate and Deputy City Manager as alternate.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and has approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends the City Council:
Designate City Manager Lori Ann Farrell Harrison as Costa Mesa’svoting delegate and Deputy City Manager Alma Reyes as the alternate for the 2023 League of California Cities Annual Conference.
70 CITY: ________________________________________
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Nam
e: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
ATTACHMENT 1
71 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1302 Meeting Date: 8/1/2023
TITLE:
VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT AT 1940 WALLACE AVENUE DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution 2023-xx to vacate a portion of a City public utility easement at 1940 Wallace Avenue.
2. Authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk.
ENVIRONMENTAL DETERMINATION:
The proposed action is exempt from the California Environmental Quality Act (CEQA) because it is not a “project”under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. Even if considered a project, it would be categorically exempt under Class 1, section 15301 (Existing Facilities), Class 3, section 15307 (New Construction or Conversion of Small Structures) and/or Class 32, section 15332 (Infill Development).
BACKGROUND:
At the request of the property owner at 1940 Wallace Avenue, Public Works staff has reviewed the vacating of a portion of a City public utility easement.
The aforementioned easement was dedicated as twenty (20) foot wide for public utility purposes, as reserved in the document recorded on December 11, 1984, as Instrument No. 84-513164, of Official Records.
The applicant is requesting the vacating of fourteen (14) feet of the existing twenty (20) foot wide City public utility easement, located at the rear of the subject property near Sterling Avenue, in order to construct a new detached accessory dwelling unit (ADU). Six (6) feet of this existing easement will remain for public utility purposes (Attachment 3).
On June 12, 2023, a report was presented to the Planning Commission outlining the proposed
72 File #: 23-1302 Meeting Date: 8/1/2023
On June 12, 2023, a report was presented to the Planning Commission outlining the proposed vacation as required by Government Code Section 65402. Subsequently, the Planning Commission adopted Resolution No. PC-2023-18, (Attachment 4) which found that the proposed vacation of a portion of this City public utility easement is consistent with the City’s General Plan.
ANALYSIS:
The City’s Engineering Division reviewed and determined that the proposed 14-foot wide public utility easement requested for vacation is not necessary for utility purposes. The remaining 6-feet of this easement will adequately serve the needs for public utility purposes, particularly for Southern California Edison (SCE).
The purpose and extent of the subject easement vacation is consistent with the City’sGeneral Plan.
The vacated easement is not needed for present or prospective public purposes, and the purpose and extent of the approximate 889 square-foot vacated easement will be used to construct a new accessory dwelling unit (ADU).
After the proposed vacation is approved and recorded, the subject vacated property will revert to the adjacent property at 1940 Wallace Avenue (the underlying fee owner).
In order for the vacated area to be properly transferred, staff is requesting the approval and execution of the quitclaim deed (Attachment 2).
The aforementioned actions conform to Section 892 of the California Streets and Highways Code since the City has determined that the proposed vacation of this easement is not useful as a non- motorized transportation facility. In addition, public utility companies, including Southern California Edison, have all determined that this proposed easement vacation is acceptable.
ALTERNATIVES:
The City may choose not to vacate a portion of the public utility easement, but staff does not recommend this action because this will cause the City to continue to be responsible for its maintenance and safety, whereas it can be used for dwelling purposes to further facilitate housing opportunities in the City.
FISCAL REVIEW:
There is no fiscal impact to the FY 2023-24 Public Works operating budget.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this agenda report and the Resolution and approves them as to form.
73 File #: 23-1302 Meeting Date: 8/1/2023
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 the City Council:
1. Adopt Resolution 2023-xx for the vacation of a portion of a City public utility easement at 1940 Wallace Avenue (Attachment 1).
2. Authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk (Attachment 2).
74 ATTACHMENT 1
Resolution 23-xx
RESOLUTION NO. 23-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT LOCATED AT 1940 WALLACE AVENUE
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS:
WHEREAS, the City of Costa Mesa desires to summarily vacate its interest in the public utility easement located at 1940 Wallace Avenue, as more particularly described and depicted in Exhibits "A" and "B," attached hereto and incorporated herein by reference ("Vacation Area"); and
WHEREAS, the easement to be vacated was dedicated for public utility purposes in the document recorded on December 11, 1984 as Instrument No. 84-513164`, in the Official Records of the Orange County Recorder’s Office; and
WHEREAS, California Streets and Highways Code Section 833 3 authorizes summary vacation of a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the vacation or the easement is determined to be excess by the easement holder; and
WHEREAS, the proposed vacation is based on a review of past utilization, future improvements, and the current and future needs of the City. The Vacation Area has not been used for the purpose for which it was dedicated within five consecutive years immediately preceding the proposed vacation, is not useful as a public utility easement facility, is unnecessary for present or future public use, and vacation thereof serves the public interest and is a public benefit.
WHEREAS, pursuant to the requirements of Streets and Highways Code section 892 the Vacation Area is determined to not be useful as a nonmotorized transportation facility; and 75 ATTACHMENT 1
Resolution 23-xx
WHEREAS, six feet of the existing easement area will remain following the vacation and will adequately serve the need for future public utility purposes; and WHEREAS, pursuant to Government Code 65402, a report on the proposed vacation was submitted to the Planning Commission on June 12, 2023. The Planning Commission has adopted Resolution NO PC-2023-18 finding that the proposed vacation is consistent with the City’s General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa that:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. A public hearing is not required and the use of a summary proceeding is allowed for the vacation of this portion of a public utility easement pursuant to Streets and Highway Code Section 8333(a) and (c).
3. The City Council hereby orders the summary vacation of the portion of the public utility easement described and depicted in Exhibits “A” and “B.”
4. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301, 15303 and 15332 of the CEQA Guidelines because it consists of actions that may result in minor changes to existing facilities, or new construction of small structures on an existing residential lot and/or exempt infill development.
5. Pursuant to Streets and Highways Code s ection 8336, the City clerk shall cause a certified copy of this Resolution, attested by the City clerk under seal, to be recorded in the Office of the Recorder of the County of Orange.
76 ATTACHMENT 1
Resolution 23-xx
________________________________
John Stephens, Mayor
ATTEST:
________________________________
Brenda Green, City Clerk
(seal)
77 Recording Requested by CITY OF COSTA MESA
When Recorded Mail to:
CITY OF COSTA MESA
Attention - City Clerk
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628-1200
Mail Tax Statements to:
Owner (s) of Record
APN: 422-262-14 Deed No.: 4014
TCA: 15-039
Location: 1940 Wallace Avenue Exempt Recording Requested per Government Code 27383
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Costa Mesa, a Municipal Corporation
do/does hereby remise, release and forever quitclaim to Troy R. Barnett and Michelle N. Barnett, Co-Trustees of The Barnett Family Trust, the following described real property subject to reversion rights as recognized by State and local law, in the City of Costa Mesa, County of Orange, State of California:
SEE RESOLUTION NO. 23-XX , ADOPTED
AS INSTRUMENT NO. OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER, ORANGE
COUNTY, CALIFORNIA, ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
THIS DEED IS BEING RECORDED TO PERFECT THE TITLE OF
THE SUBJECT PROPERTIES.
Brenda Green; City Clerk of the John Stephens; Mayor of the City of City of Costa Mesa City of Costa Mesa
ATTACHMENT 2
78 ATTACHMENT 3
79 ATTACHMENT 3
80 ATTACHMENT 4
81 ATTACHMENT 4
82 ATTACHMENT 4
83 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1303 Meeting Date: 8/1/2023
TITLE:
VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT AT 2156 MYRAN DRIVE DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:
Staff recommends the City Council:
1. Adopt Resolution 2023-xx for the vacation of a portion of a City public utility easement at 2156 Myran Drive.
2. Authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk.
ENVIRONMENTAL DETERMINATION:
The proposed action is exempt from the California Environmental Quality Act (CEQA) because it is not a “project”under Section 15378(b)(5) of CEQA Guidelines. Even if considered a project, it would be categorically exempt under Class 1, section 15301 (Existing Facilities), and/or Class 32, section 15332 (Infill Development).
BACKGROUND:
At the request of the property owner at 2156 Myran Drive, Public Works staff has reviewed the vacating of a portion of a City public utility easement.
The aforementioned easement was dedicated for public utility purposes as reserved in the document recorded on July 24, 2007, as Instrument No. 2007000462344, of Official Records.
The applicant is requesting the vacation of the area shown as Parcel 1 in Attachment 3, which is the existing City public utility easement, located at the southerly end of the subject property near Victoria Street and adjacent to Myran Drive, in order to construct one of two new detached single-family homes on this lot. The remaining 6-feet of this existing easement will remain for public utility purposes (Attachment 3).
On June 12, 2023, a report was presented to the Planning Commission outlining the proposed
84 File #: 23-1303 Meeting Date: 8/1/2023
On June 12, 2023, a report was presented to the Planning Commission outlining the proposed vacation as required by Government Code Section 65402. Subsequently, the Planning Commission adopted Resolution No. PC-2023-19, (Attachment 4) which found that the proposed vacation of a portion of this City public utility easement is consistent with the City’s General Plan.
ANALYSIS:
The City’sEngineering Division reviewed and determined that the proposed public utility easement requested for vacation is not necessary for utility purposes. The remaining 6-feet of this easement will adequately serve the needs for public utility purposes, particularly for Southern California Edison (SCE).
The purpose and extent of the subject easement vacation is consistent with the City’sGeneral Plan.
The vacated easement is not needed for present or prospective public purposes, and the purpose and extent of the approximate 1,837 square-foot vacated easement will be used to construct one of two new detached single-family homes.
After the proposed vacation is approved and recorded, the subject vacated property will revert to the adjacent property at 2156 Myran Drive (the underlying fee owner).
In order for the vacated area to be properly transferred, staff is requesting the approval and execution of the quitclaim deed (Attachment 2).
The aforementioned actions conform to Section 892 of the California Streets and Highways Code since the City has determined that the proposed vacation of this easement is not useful as a non- motorized transportation facility. In addition, public utility companies, including Southern California Edison, have all determined that this proposed easement vacation is acceptable.
ALTERNATIVES:
The City may choose not to vacate a portion of the public utility easement, but staff does not recommend this action as this will cause the City to continue to be responsible for its maintenance and safety, whereas it can be used for dwelling purposes to further facilitate housing opportunities in the City.
FISCAL REVIEW:
There is no fiscal impact to the FY 2023-24 Public Works operating budget.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this agenda report and the Resolution and approves them 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.
85 File #: 23-1303 Meeting Date: 8/1/2023
CONCLUSION:
Staff recommends the City Council:
1. Adopt Resolution 2023-xx for the vacation of a portion of a City public utility easement at 2156 Myran Drive (Attachment 1).
2. Authorize the execution of the Quitclaim Deed by the Mayor and the City Clerk (Attachment 2).
86 ATTACHMENT 1
Resolution 23-xx
RESOLUTION NO. 23-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT LOCATED AT 2156 MYRAN DRIVE
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS:
WHEREAS, the City of Costa Mesa desires to summarily vacate its interest in the public utility easement located at 2156 Myran Drive , as more particularly described and depicted in Exhibits "A" and "B," attached hereto and incorporated herein by reference ("Vacation Area"); and
WHEREAS, the easement to be vacated was dedicated for public utility purposes in the document recorded on July 24, 2007 as Instrument No. 2007000462344, in the Official Records of the Orange County Recorder’s Office; and
WHEREAS, California Streets and Highways Code Section 833 3 authorizes summary vacation of a public service easement when the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the vacation or the easement is determined to be excess by the easement holder; and
WHEREAS, the proposed vacation is based on a review of past utilization, future improvements, and the current and future needs of the City. The Vacation Area has not been used for the purpose for which it was dedicated within five consecutive years immediately preceding the proposed vacation, is not useful as a public utility easement facility, is unnecessary for present or future public use, and the vacation serves the public interest and is a public benefit.
WHEREAS, pursuant to the requirements of Streets and Highways Code section 892 the Vacation Area is determined to not be useful as a nonmotorized transportation facility; and 87 ATTACHMENT 1
Resolution 23-xx
WHEREAS, six feet of the existing easement area will remain following the vacation and will adequately serve the need for future public utility purposes; and WHEREAS, pursuant to Government Code 65402, a report on the proposed vacation was submitted to the Planning Commission on June 12, 2023. The Planning Commission has adopted Resolution NO PC-2023-19 finding that the proposed vacation is consistent with the City’s General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa that:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. A public hearing is not required and the use of a summary proceeding is allowed for the vacation of this portion of a public utility easement pursuant to Streets and Highway Code Section 8333(a) and (c).
3. The City Council hereby orders the summary vacation of the portion of the public utility easement described and depicted in Exhibits “A” and “B.”
4. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 and 15332 of the CEQA Guidelines because it consists of basic activities that
5. Pursuant to Streets and Highways Code section 8336, the City clerk shall cause a certified copy of this Resolution, attested by the City clerk under seal, to be recorded in the Office of the Recorder of the County of Orange.
88 ATTACHMENT 1
Resolution 23-xx
________________________________
John Stephens, Mayor
ATTEST:
________________________________
Brenda Green, City Clerk
(seal)
89 Recording Requested by CITY OF COSTA MESA
When Recorded Mail to:
CITY OF COSTA MESA
Attention - City Clerk
P.O. BOX 1200
COSTA MESA, CALIFORNIA 92628-1200
Mail Tax Statements to:
Owner (s) of Record
APN: 422-203-10 Deed No.: 4015
TCA: 15-006
Location: 2156 Myran Drive Exempt Recording Requested per Government Code 27383
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Costa Mesa, a Municipal Corporation
do/does hereby remise, release and forever quitclaim to Dan Vy Ngoc Nguyen Revocable Living Trust, the following described real property subject to reversion rights as recognized by State and local law, in the City of Costa Mesa, County of Orange, State of California:
SEE RESOLUTION NO. 23-XX , ADOPTED
AS INSTRUMENT NO. OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER, ORANGE
COUNTY, CALIFORNIA, ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
THIS DEED IS BEING RECORDED TO PERFECT THE TITLE OF
THE SUBJECT PROPERTIES.
Brenda Green; City Clerk of the John Stephens; Mayor of the City of City of Costa Mesa City of Costa Mesa
ATTACHMENT 2
90 ATTACHMENT 3
91 ATTACHMENT 3
92 ATTACHMENT 4
93 ATTACHMENT 4
94 ATTACHMENT 4
95 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1308 Meeting Date: 8/1/2023
TITLE:
FIFA WORLD CUP 2026 - POTENTIAL USE OF JACK HAMMETT SPORTS COMPLEX DEPARTMENT: PUBLIC WORKS DEPARTMENT
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR, (714) 754- 5343
RECOMMENDATION:
Staff requests City Council direction on:
1. Use of Jack Hammett Sports Complex as a Team Base Camp for a national soccer team during the 2026 FIFA World Cup tournament.
2. Authorize the City Manager to negotiate and execute necessary agreements in accordance with City Council direction.
BACKGROUND:
The City of Costa Mesa was contacted by the Orange County Sports Commission (OCSC) soliciting interest in accommodating a national team that will be participating in the 2026 FIFA World Cup Soccer tournament that will be held in the United States, Canada and Mexico. According to OSCS, “A Team Base Camp (TBC) means the headquarters of a Team during the competition period of the FIFA World Cup, which combines a dedicated training site with suitable accommodation facilities/hotel.”
For the City of Costa Mesa, OCSC is looking for a partnership between the City, Travel Costa Mesa, and Orange Coast College (OCC). Jack Hammett Sports Complex is proposed for the lighted field facility (2 pitches side-by-side), while OCC would provide support facilities such as dressing rooms, a media center and an exercise room. Travel Costa Mesa will provide the necessary connection to area hotels and other amenities.
ANALYSIS:
The following are requirements for the “field of play” for the Jack Hammett Sports Complex:
· Lighted grass-playing surface, high quality, meeting professional sports standards · No markings from other sports
· Panel advertising system
96 File #: 23-1308 Meeting Date: 8/1/2023
· No use for at least 28 days prior to first use as a TBC · Spectator stands for 500 persons
In addition, OCSC provided a training site template to determine potential rental fees for the use of the facility. This included other items such as training site management, facility management, and safety and security fees. These include providing a visitor experience to spectators; electrical, mechanical, and IT services; waste hauling; pitch maintenance and security. According to OCSC, the City would be responsible for hosting the team as well as managing the spectator experience.
The City submitted the attached preliminary and non-binding “Rental Fee” draft estimate based on our initial understanding of OCSC’srequest. This estimate is only for Jack Hammett’sportion and OCC is providing their own rental fee estimate.
If the City Council authorizes the City’sparticipation in the TBC and is accepted by FIFA, the City anticipates implementing major renovation of Fields 1 and 2 in the summer 2025 presumably funded by the rental fee approved by the FIFA World Cup association. This would include grading, leveling and installation of new sod to meet professional sports requirements. The fields would then be refurbished prior to use for a TBC. The existing youth sports group would most likely not have access to the fields starting in April 2026 to allow for site preparation prior to use as a TBC in June 2026.
In order to provide a “fan experience” to potential spectators, the City would need to contract with outside vendors. The preliminary draft costs for this, as well as for maintenance and security are included in the estimated rental fee.
Staff requests City Council direction for continuing negotiations with OCSC and FIFA for the potential use of Jack Hammett Sports Complex as a TBC, and authorize the City Manager to negotiate and execute agreements with the organizations in accordance with City Council direction. As the event is three years away, Staff anticipates it can generally accommodate this potential project, especially given the City’s experience in hosting a professional National Football League’s annual Training Camp for the past seven years, and the relocation of the Los Angeles Chargers Training Camp from Jack Hammett to their own newly built private facility.
ENVIRONMENTAL DETERMINATION:
This item is administrative in nature.
ALTERNATIVES:
The City Council may choose to not participate in the discussions regarding the potential use of Jack Hammett Sports Complex as a TBC for the upcoming 2026 FIFA World Cup. If this option is recommended, staff will cease discussions with OCSC authorities.
97 File #: 23-1308 Meeting Date: 8/1/2023
FISCAL REVIEW:
Based on a limited understanding of the needs and expectations of a TBC, staff developed the preliminary draft rental estimate that is attached that would provide funding to the City from FIFA for the use of the field and associated costs.
According to OCSC, FIFA will be responsible for all the costs. There would be a need for a use and funding agreement, through which staff hopes that all City costs including direct and staff expenditures are reimbursed.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this agenda report and approves it as to form. The City Attorney’s office will be reviewing and approving any future agreements related to this item.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff requests City Council direction on:
1. Use of Jack Hammett Sports Complex as a Team Base Camp for a national soccer team during the 2026 FIFA World Cup tournament.
2. Authorize the City Manager to negotiate and execute necessary agreements in accordance with City Council direction.
98 1. Basic Training Site rental fee 3,900,000.00 Subtotal in USD provision of entire facility and attached infrastructure and technical installations
(please provide a breakdown if applicable)
2. Basic Services
(
2.1 & 2.2 & 2.3) 1,030,000.00 Subtotal in USD
2.1. Training Site Management USD
Operator core team 240,000.00 USD Training Site operator staff fully dedicated*
2.2. Facility Management USD
Electrical Service 80,000.00 USD dedicated* Training Site`s and/or contracted electrician and team
Mechanical Service 80,000.00 USD dedicated* Training Site`s and/or contracted plumber and team
IT - Service 80,000.00 USD dedicated* Training Site`s and/or contracted IT- engineer and team
Cleaning & Waste Service 50,000.00 USD dedicated* Training Site`s and/or contracted cleaning & waste contractor
Pitch Maintenance Service 100,000.00 USD dedicated* Training Site`s head greenkeeper and team
2.3. Safety and Security Service USD Antcipate maxmimum 500 people Stewarding 400,000.00 USD
FIFA World Cup 2026™ Venue Selection Process:
Training site template - Rental fee
Event Duration
aATTACHMENT 1
99 3. Training Site rental fee for surrounding areas (if applicable) Subtotal in USD
Provision of spaces and areas outside of theTraining
Site (including outer perimeter fence, parking etc.),
including power and water supply - or locker space
Total Training Site rental fee
(1.Subtotal + 2.Subtotal + 3.Subtotal)
Guidance
Please complete this template in respect of each proposed Training Site.
Please note the following
Terminology:
* "dedicated" means full-day availability on-site minimum early morning until 4 hours after Training. ** "working hours" means 12 - 16 hours on Non-Match Day Costs:
- Lines 4, 6 & 18 will provide training site total
- Lines 8-16 are important to understand total given on line 9 - If no value shows in lines 19/20 please check cost formatting, ex. $3,000.00 (US) = $3.000,00 (European) 4,930,000.00 Total in USD Must not be greater than Training Site's initial rental fee proposal
100
1 Photo Report
Costa Mesa – Jack Hammett Sports Complex
Parking for Team fleet (2 x buses, equipment truck and up to 10 cars) Parking for Team fleet (2 x buses, equipment truck and up to 10 cars) Existing security perimeter fence around Training Site
Entrance for Team (Players and Coaches)
ATTACHMENT 2
101
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1310 Meeting Date: 8/1/2023
TITLE:
SCHOOL CROSSING GUARD SERVICES
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION
SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: JENNIFER ROSALES, TRANSPORTATION SERVICES MANAGER, (714) 754-5343
RECOMMENDATION:
Staff recommends the City Council:
1. Approve a Professional Services Agreement (PSA) with All City Management Services (ACMS) to provide school crossing guard services for the 2023-2024 and 2024-2025 school years for an initial two-year period, for a total not-to-exceed amount of $328,569 annually and an option to extend for up to three (3) additional terms of one (1) year each.
2. Approve the Consumer Price Index (CPI) increase for each extension period.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future authorized amendments to the agreement.
BACKGROUND:
ACMS has provided school crossing guard services for the City since 2001. ACMS currently provides nineteen (19) school crossing guards adjacent to thirteen (13) elementary schools (Attachment 2). The City entered into its current agreement with ACMS on August 1, 2019 (Attachment 3). The agreement had an initial term ending on July 31, 2022, with the option to renew for up to two (2) terms of one (1) year each. The Acting City Manager authorized the first renewal, extending the term of the agreement through July 31, 2023.
In June 2023, ACMS notified staff that they would not accept the contract renewal for the 2023-2024 school year without changes to the compensation beyond the maximum annual increase allowed per the existing contract. Therefore, in June 2023, staff solicited proposals from interested consultants for providing crossing guard services.
102
File #: 23-1310 Meeting Date: 8/1/2023
ANALYSIS:
On June 14, 2023, the City issued a Request for Proposals (RFP) for school crossing guard services.
Two (2) proposals were received to provide the intended services. Proposals were reviewed for compliance with the City’sRFP and consultants were evaluated based on the method of approach, qualifications and experience, staffing, and cost proposal. After a careful review of the proposals, staff finds ACMS to be well qualified and experienced to perform the requested school crossing guard services. The hourly rates proposed by ACMS were determined to be competitive and commensurate with the requested services.
ACMS proposed the following compensation for the initial term of the contract: not-to-exceed $328,569 annually. If one or both of the extension options are exercised, the annual compensation for each extension period may be increased based on an increase to the Consumer Price Index (CPI).
Staff requests City Council’s approval of the two-year PSA with ACMS with three (3) one-year extension options with increased compensation annually as specified in the fee schedule.
ALTERNATIVES:
One alternative is to not approve the Professional Services Agreement with ACMS. However, this will result in a loss of crossing guard services for the upcoming school year. Another alternative is to administer the crossing guard program in-house by City staff. However, the staffing required to provide this service exceeds the City’s current resources.
FISCAL REVIEW:
The operating budget approved for school crossing guards in the FY 2023-24 budget adoption is $260,035. The additional funding of $68,534 will be through salary savings in the Public Works Department’s operating budget during FY 2023-24. Anticipated increases to be budgeted in subsequent fiscal years.
The amount for summer school crossing guard services included in the annual maximum compensation is $8,300. Newport Mesa Unified School District has not provided any funding towards school crossing guards to date.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this report, prepared the proposed Professional Services Agreement and approves them as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life
103
File #: 23-1310 Meeting Date: 8/1/2023
CONCLUSION:
Staff recommends the City Council:
1. Approve a Professional Services Agreement (PSA) to All City Management Services (ACMS) to provide school crossing guard services for the 2023-2024 and 2024-2025 school years for an initial two-year period, for a total not-to-exceed amount of $328,569 annually and an option to extend for up to three (3) additional terms of one (1) year each (Attachment 1).
2. Approve the Consumer Price Index (CPI) increase for each extension period.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future authorized amendments to the agreement.
104
1 All City Management Services, Inc. PSA
Rev. 12-2022
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
ALL CITY MANAGEMENT SERVICES, 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 ALL CITY MANAGEMENT SERVICES, INC a California corporation (“Contractor”).
RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to provide school crossing guard services, as more fully described herein; and B. Contractor 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 Contractor 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. Contractor shall provide the professional services, inclusive of summer school, described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Contractor’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.
1.2. Professional Practices. All professional services to be provided by Contractor 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. Contractor 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 Contractor’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Contractor 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 Contractor to review the quality of the work and resolve the matters of concern;
ATTACHMENT 1
1 105
2 All City Management Services, Inc. PSA
Rev. 12-2022
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor 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. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other 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. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor 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. Contractor’s covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the Cost Proposal set forth in Exhibit “C,” attached hereto and made a part of this Agreement. Contractor’s total compensation shall not exceed $ 328,569.00 annually. Contractor agrees not to raise Contractor’s prices during the initial term of the Agreement. Thereafter, Contractor may request in writing at 2 106
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least 30 days prior to the expiration of the initial term, or any extension period, a contract extension and price increase based on an increase in the Consumer Price Index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim area (CPI). The adjustment will be determined using the June index for the current year and the June index for the preceding year. Contractor’s written request for a contract extension and price increase shall include reference to the CPI index, the percentage CPI increase, and Contractor’s revised prices based on such CPI increase. The price increases shall be effective on the first day of any extension period and shal not be increased during any extension period.
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor’s Proposal unless the City Manager or designee, prior to Contractor 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. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. 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 Contractor’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 3 107
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Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.
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 Contractor.
The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and 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 Contractor.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor 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 Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City’s sole risk and without liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury 4 108
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with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
(c) Workers’ compensation insurance as required by the State of California.
Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “The Contractor’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”
(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 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5 109
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5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications 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:
All City management Services, Inc
10440 Pioneer Blvd., Ste 5
Santa Fe Springs, CA 90670
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (800) 540-9290 ext 102 Tel: (714) 754-
Attn: Demetra Farwell Attn: Jennifer Rosales
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Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
6.5. Drug-Free Workplace Policy. Contractor shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “D” and incorporated herein. Contractor’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful 7 111
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misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.
Without limiting the foregoing indemnification obligations, in the event that a court determines joint or concurrent negligence or fault of the Contractor and City, their officers, agents or employees, liability, if any, shall be apportioned comparatively in accordance with the laws of the State of California, with each party bearing the proportionate share of liability attributrable to that party’s negligence or fault. The parties agree that determination of each party’s respective fault shall be delayed until after the resolution of the underlying claim or claims.
6.10. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. 8 112
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6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor 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 Contractor. City shall indemnify and hold harmless Contractor 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 Contractor. Contractor 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. Contractor 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 Contractor, 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 Contractor 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. Contractor and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, 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 Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.17. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
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6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.20. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.21. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 10 114
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6.27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.28. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
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 Mananger
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
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APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Jennifer Rosales
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
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EXHIBIT A
REQUEST FOR PROPOSALS
13 117
14 118
15 119
16 120
17 121
18 122
19 123
20 124
21 125
22 126
23 127
24 128
25 129
26 130
27 131
28 132
29 133
30 134
31 135
32 136
EXHIBIT B
CONSULTANT’S PROPOSAL
33 137
34 138
35 139
36 140
37 141
38 142
39 143
40 144
41 145
42 146
43 147
44 148
45 149
46 150
47 151
48 152
49 153
50 154
51 155
52 156
53 157
54 158
159
160
57 161
58 162
59 163
60 164
61 165
62 166
63 167
64 168
65 169
66 170
67 171
EXHIBIT C
COST PROPOSAL
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Cost Proposal / Pricing Options
It should be noted that we have included alternate program pricing that does not include Professional Liability Insurance and program pricing that does include this type of coverage.
Professional Liability is a non-standard for our industry and our insurers have always felt unnecessary as it is meant for true professional services such as accounting, legal, medical, construction and design.
We have included our exception to the Professional Liability Insurance requirement and reasoning for its this requirement to be waived included in the Forms Section of our response.
Please see our program pricing with and without this type of coverage.
PRICING WITH PROFESSIONAL LIABILITY INSURANCE
2023/2024 (without summer school) - $444,526.00 (Four Hundred Forty-four Thousand, Five Hundred Twenty-six Dollars)
2023/2024 (WITH summer school) - $452,808.00 (Four Hundred Fifty-two Thousand, Eight Hundred Eight Dollars)
PRICING WITHOUT PROFESSIONAL LIABILITY INSURANCE
2023/2024 (without summer school) - $320,277.00 (Three Hundred Twenty Thousand Two Hundred Seventy-seven Dollars.
2023/2024 (WITH summer school) - $328,569.00 (Three Hundred Twenty-eight Thousand Five Hundred Sixty-nine Dollars.
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36 Proposed Hourly Rate
with Professional Liability
WITHOUT summer school
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would incl ude but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Costa Mesa, CA Crossing Guard Program.
Proposed Hourly Rate: Forty-two Dollars and Thirty-six Cents ($42.36) per hour, per guard. This pricing is based upon 18 crossing guards compensated an average of 3.0 hours per day, 1 crossing guard compensated an average of 4.3 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 10,494 hours, we project a Not to Exceed price of $444,526 annually.
Invoices for services are mailed every two w eeks. Included with each invoice is a Work Summary, which details each site , each day and the hours worked at that site. City of Costa Mesa would only be bil led for Crossing Guard service s rendere d on designated “school days” unles s otherwise requested by the City.
The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the addi tional cost would be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: [email protected] Comptroller: John Varner: [email protected]
This pricing is valid for a period of 90 days.
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Proposed Hourly Rate
WITH Professional Liability
WITH Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would i nclude but be no t limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Costa Mesa, CA Crossing Guard Program.
Proposed Hourly Rate: Forty-one Dollars and Ninety-five Cents ($41.95) per hour, per guard. This pricing is based upon 18 crossing guards compensated an average of 3.0 hours per day and 1 crossing guard compensated an average of 4.3 hours per day, for 180 school days annually. This pricing includes 5 crossing guards compensated an average of 3.0 hours per day for 20 summer school days. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 10,794 hours, we project a Not to Exceed price of $452,808 annually.
Invoices for services are mailed every t wo weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Costa Mesa would only be bil led for Crossing Guard service s rendere d on designated “school days” unles s otherwise requested by the City.
The hourly rate does not include additional safety equipment, crosswalk delineators, cone s or safety devices. If the City should desire any such additional equipment the addi tional cost would be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: [email protected] Comptroller: John Varner: [email protected]
This pricing is valid for a period of 90 days.
71 175
Proposed Hourly Rate
WITHOUT Professional Liability
WITHOUT Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would i nclude but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Costa Mesa, CA Crossing Guard Program.
Proposed Hourly Rate: Thirty Dollars and Fifty-two Cents ($30.52) per hour, per guard. This pricing is based upon 18 crossing guards compensated an average of 3.0 hours per day and 1 crossing guard compensated an average of 4.3 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 10,494 hours, we project a Not to Exceed price of $320,277.00 annually.
Invoices for services are mailed every t wo weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Costa Mesa would only be bil led for Crossing Guard service s rendere d on designated “school days” unles s otherwise requested by the City.
The hourly rate does not include additional safety equipme nt, crosswalk delineators, cone s or safety devices. If the City should desire any such additional equipment the addi tional cost would be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: [email protected] Comptroller: John Varner: [email protected] This pricing is valid for a period of 90 days.
72 176
Proposed Hourly Rate
WITHOUT Professional Liability
WITH Summer School
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would i nclude but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Costa Mesa, CA Crossing Guard Program.
Proposed Hourly Rate: Thirty Dollars and Forty-four Cents ($30.44) per hour, per guard. This pricing is based upon 18 crossing guards compensated an average of 3.0 hours per day and 1 crossing guard compensated an average of 4.3 hours per day, for 180 school days annually. This pricing includes 5 crossing guards compensated an average of 3.0 hours per day for 20 summer school days. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 10,794 hours, we project a Not to Exceed price of $328,569 annually.
Invoices for services are mailed every t wo weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Costa Mesa would only be bil led for Crossing Guard service s rendere d on designated “school days” unles s otherwise requested by the City.
The hourly rate does not include additional safety equipment, crosswalk delineators, cone s or safety devices. If the City should desire any such additional equipment the addi tional cost would be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: [email protected] Vice President of Operations: Patricia Pohl: [email protected] Director of Marketing: Harlan Sims: [email protected] Comptroller: John Varner: [email protected]
This pricing is valid for a period of 90 days.
73 177
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1326 Meeting Date: 8/1/2023
TITLE:
APPEAL OF PLANNING APPLICATION 22-04 FOR A RETAIL CANNABIS STOREFRONT BUSINESS LOCATED AT 2790 HARBOR BOULEVARD, SUITES 107, 109, AND 115 (FROM THE EARTH)
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT /
PLANNING DIVISION
PRESENTED BY: MICHELLE HALLIGAN, CONTRACT PLANNER
CONTACT INFORMATION: MICHELLE HALLIGAN, CONTRACT PLANNER, (714) 754-5608 RECOMMENDATION:
Staff recommends the City Council:
1. Uphold the Planning Commission’sdecision and adopt a Resolution to deny Planning Application 22-04; or
2. Overturn the Planning Commission’s decision and adopt a Resolution to approve Planning Application 22-04, subject to City Council findings and conditions of approval.
231
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 23-1326 Meeting Date: 8/01/2023
TITLE: APPEAL OF PLANNING APPLICATION 22-04 FOR A RETAIL CANNABIS STOREFRONT BUSINESS LOCATED AT 2790 HARBOR BOULEVARD, SUITES 107, 109, AND 115 (FROM THE EARTH)
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT / PLANNING
DIVISION
PRESENTED BY: MICHELLE HALLIGAN, CONTRACT PLANNER
CONTACT INFORMATION: MICHELLE HALLIGAN, CONTRACT PLANNER, (714) 754-5608 RECOMMENDATION:
Staff recommends the City Council:
1. Uphold the Planning Commission’s decision and adopt a Resolution to deny Planning Application 22-04; or
2. Overturn the Planning Commission’s decision and adopt a Resolution to approve Planning Application 22-04, subject to City Council findings and conditions of approval.
APPLICANT OR AUTHORIZED AGENT:
The authorized agent is Dan Zaharoni on behalf of DBO Investments CM dba From the Earth, and the property owner, Tri-Harmony Properties, LLC.
BACKGROUND:
Project Site / Environs
The subject property is located at 2790 Harbor Boulevard, Suites 107, 109, and 115. The property is bounded by Harbor Boulevard to the west, Adams Avenue to the north, and Peterson Place to the east. The site is zoned C1 (Local Business District) and is surrounded by commercially -zoned properties (C1 and C2, General Business District) and a residentially-zoned property across Peterson Place (R3 – Multi-Family Residential High Density and R3 – Multiple Family Residential District). The site has a General Plan Land Use Designation of General Commercial.
Existing development on the subject property consists of a 24,603 -square-foot, three -story multi - tenant com mercial building. The subject property shares a surface parking lot with the adjacent commercially zoned properties at 2706, 2710, 2730, and 2750 Harbor Boulevard. Vehicular access is provided to these properties by multiple driveways, including two along Harbor Boulevard, one along Adams Avenue, and three along Peterson Place.
232
Item #: 23-1326 Meeting Date: 8/01/2023
Application Request
The applicant requests a Conditional Use Permit (CUP) to establish “From the Earth,” a retail cannabis storefront business with delivery. The proposed storefront would occupy three contiguous first floor suites totaling 2,157 square feet (Suites 107, 109, and 115) . The combined suites have frontage on both Harbor Boulevard and Adams Avenue. The proposed hours of operation are 9 AM to 9 PM, seven days a week.
Planning Commission Denial
The application was heard by the Planning Commission on May 22, 2023. After receiving staff ’s presentation, the Planning Commission asked staff questions and then opened the public hearing.
During the public hearing, the applicant provided a PowerPoint presentation and the Planning Commission subsequently asked the applicant questions. The Planning Commission then opened the public hearing and considered public comment.
Public Comment
During the public hearing, approximately ten members of the public spoke in opposition to the project, expressing concerns regarding retail cannabis operations at this location, and displacement of the existing Beauty Salon that currently occupies Suite 115. One member of the public spoke in support of the application. In addition, the Planning Commission considered written public comments. The applicant provided three letters of support that were attached to the staff report as part of the Applicant Letter. Two comment letters were also submitted to the City prior to the Planning Commission hearing, one in opposition to the proposed use and one that requested adding several conditions of approval (see Attachment 6 – Planning Commission Public Comments).
Decision
After considering public comment and closing the public hearing, the Planning Commission voiced specific concerns in regard to non -compliance with the Conditional Use Permit required findings [CMMC Section 13 -29 (g)(2)(b)] in that: (1) during the public he aring, the applicant presented (both verbally and in presentation form) that the cannabis use would associate with a local youth sporting organization, and the Commission believed that this constituted a conflict with the health, safety and general welfare of the public by associating a business that specializes in the sale of cannabis with the City’s youth population; and (2) the Commission raised a concern that the proposed new business operation would result in a currently operating business (Angel’s Beauty Salon) to cease operation at its existing location. When the Planning Commission requested clarification about the status of the existing business during the public hearing, the applicant was unclear of the existing business’ future status. The Commiss ion further indicated that g ranting the Conditional Use Permit would not be consistent with General Plan Land Use Element Policy LU-6.7, to “Encourage new and retain existing businesses that provide local shopping and services”, in that an existing busines s would not be retained as a result of the proposed new business.
After careful consideration, the Planning Commission Chairman made a motion which was seconded by the Vice -Chairman to continue the item to investigate further the Planning Commission’s aforementioned concerns prior to making a final decision. However, that motion failed and an alternative motion was made for denial of the project. The application was denied on a five to two vote. 233
Item #: 23-1326 Meeting Date: 8/01/2023
The final denial Resolution reflecting the May 22, 2023 Planning Commission action is provided as Attachment 4 to this report. The meeting minutes and public comments considered by the Planning Commission are provided as Attachment 5 and Attachment 6, respectively.
Links to the staff report and meeting video for the May 22, 2023 Planning Commission hearing are provided below:
Staff Report & Attachments –
https://costamesa.legistar.com/LegislationDetail.aspx?ID=6214490&GUID=729E7C3B-A5BD-480D- 9590-5A06C301479F
Video –
https://costamesa.granicus.com/player/clip/3995?view_id=14&redirect=true&h=4da1bd57d4293cb8a 9aad3a18ccf31c7
Appeal of Planning Commission’s Decision to Deny the Application On May 30, 2023, an appeal of Planning Commission’s denial of the project was filed by Dan Zaharoni, an owner of the proposed cannabis establishment. The appeal application and supplemental information is included as Attachment 3 to this report
ANALYSIS:
Pursuant to CMMC Section 13 -10(i)(2)(c), the Planning Commission has the authority to “approve, conditionally approve or deny applications for conditional use permits...” Additionally and pursuant to CMMC Sections 13-28(B) and 13-200.93(c)(1), subject to the approval of the Planning Commission, a CUP is required for the establi shment of cannabis retail storefronts in a commercial zone. All cannabis operators in Costa Mesa are required to obtain a Conditional Use Permit (CUP). As defined in the CMMC, a CUP is “a discretionary approval usually granted by the Planning Commission which allows a use or activity not allowed as a matter of right, based on specified findings”. Unlike uses that are listed in the CMMC that are permitted “by -right”, a use that requires a CUP necessitates the Planning Commission to use their collective judgment to determine whether a proposed project meets the required CUP findings and should be approved.
Required CUP Findings
CMMC Title 13 , Section 13 -29(g), requires that the Planning Commission consider and make the following specific findings in conjunction with a CUP review:
The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area;
Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood; and
Granting the conditional use permit will not allow a use, density or intensity which is not in 234
Item #: 23-1326 Meeting Date: 8/01/2023
accordance with the General Plan designation and any applicable specific plan for the property.
If all of the above findings cannot be made, the Planning Commission is obligated to deny the request.
In this case , the Planning Commission det ermined that they could not make two of the required Conditional Use Permit findings. Specifically, the Planning Commission could not make the finding that granting the conditional use permit would not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood, and granting the conditional use permit would not allow a use, density or intensity which is not in accordance with the General Plan designati on and any applicable specific plan for the property.
Issued Raised In The Appeal
The applicant submitted an appeal of the Planning Commission decision to deny the application (refer to Attachment 3). In summary, the applicant (appellant) has stated four reasons for the appeal, which include: (1) that the Beauty Salon is on a month-to-month lease and has no right to stay beyond 30 days; (2) that one of the Commissioners had an impermissible conflict of interest; (3) that one of the Commissioners had a personal relationship with the Beauty Salon which was not disclosed and that Commissioner should have recused himself; and (4) the basis of the Planning Commission denying the application because of the a pplicant’s association with the City’s youth organization is not an appropriate basis for denial.
It should be noted after receiving the appeal application which indicated the existing Beauty Salon had a new lease arrangement, staff requested more information from the applicant. On Wednesday, June 28, 2023, the property owner provided a relocation and lease extension agreement that allows the existing Salon to relocate to another first -floor space at the subject property for a five -year term.
The applicant did not provide this information previously because the relocation and lease extension agreement was not signed until June 28, 2023. However, the Council may consider this information in their “de novo” review of the application.
City Council “De Novo” Hearing
Pursuant to CMMC Title 2, Chapter 9, Appeal and Review Procedures, the City Council shall conduct a new or “de novo ” review of the matter being appealed. T he City Council may exercise its independent judgment and discretion in making a decision, and the appeal hearing is not limited to the grounds stated for the appeal or the evidence that was previously presented to the Planning Commission. Nevertheless, there shall be a presumption that the decision made by the Planning Commission was reasonable, valid, and not an abuse of discretion; and the appellant shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence presented. The City Council’s decision on the matter is the final decision.
ENVIRONMENTAL DETERMINATION:
Per CEQA Guidelines Section 15270(a) , CEQA does not apply to projects which a public agency rejects or disapproves. However, if the City Council desires to approve the proposed use, the project is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15301 for the permitting and/or minor alteration of Existing Facilities, involving negligible or no expansion of the existing use. This project site contains an existing commercial building that has been used for commercial activities and the application does not propose an increase in floor area. The project also 235
Item #: 23-1326 Meeting Date: 8/01/2023
complies with all applicable business operational standards of Title 9 and 13 of the CMMC.
Furthermore, none of the exceptions that bar the application from a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. Specifically, the project would not result in a significant cumulative impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location; and would not impact any historic resources.
ALTERNATIVES:
The City Council has the following alternatives:
1. Deny the request. The City Council may uphold the Planning Commission’s decision and adopt a Resolution to deny the request (refer to Attachment 1);
2. Approve the request, subject to conditions of approval. The City Council may overturn the Planning Commission’s decision and approve the request subject to findings as identified by the City Council. A Resolution for approval is provided as Attachment 2 and includes staff recommended conditions of approval;
3. Remand the request back to the Planning Commission.
FISCAL REVIEW:
There are no fiscal impacts to the City’s General Fund with this agenda item.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and approves it as to form.
PUBLIC NOTICE:
Pursuant to Title 13, Section 13 -29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing:
1. Mailed notice. A public notice was mailed to all property owners and occupants within a 500 -foot radius of the project site. The required notice radius is measured from the external boundaries of the property. (See attached Notification Radius Map.)
2. On-site posting. A public notice was posted on each street frontage of the project site.
3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper.
As of the date this report was completed, no written public comments were received in response to the City Council hearing notice. Any additional public comments received prior to the August 1, 2023 City Council meeting will be provided separately.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
236
Item #: 23-1326 Meeting Date: 8/01/2023
CONCLUSION:
The proposed use is a cannabis storefront business with delivery that would be located at 2790 Harbor Boulevard, Suites 107, 109, and 115. The application was denied by the City’s Planning Commission on the basis that it could not make the required finding s for granting a Conditional Use Permit.
Subsequently, the applicant appealed that decision and provided supplemental information.
The City Council’s review of the application is “de novo”. Staff recommends that the City Council uphold the Planning Commission’s decision and adopt a Resolution to deny the request; or overturn the Planning Commission’s decision and adopt a Resolution to approve the request, subject to findings and conditions of approval.
237
ATTACHMENT 1
Resolution No. 2023-xx Page 1 of 3
RESOLUTION NO. 2023-xx
A RESOLUTION OF THE CITY COU NCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION’S DECISION AND DENY PLANNING APPLICATION 22-04 FOR A RETAIL CANNABIS STOREFRONT BUSINESS WITH DELIVERY LOCATED AT 2790 HARBOR BOULEVARD , SUITES 107, 109, AND 115 (FROM THE EARTH)
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, Planning Application 22-04 was filed by Dan Zaharoni representing DBO Investments CM, LLC, the authorized agent for the property owner, Tri-Harmony Properties, LLC, requesting approval of the following:
A Conditional Use Permit to operate a storefront retail and cannabis delivery business within an existing 2,157-square-foot first floor commercial space within a multiple-tenant commercial building located at 2790 Harbor Boulevard (Suites 107, 109 and 115). The business would sell pre-packaged cannabis and pre-packaged cannabis prod ucts directly to customers onsite and through delivery , subject to conditions of approval and other City and State requirements; WHEREAS, a duly noticed public hearing was held by the Planning Commission on May 22, 2023 with all persons having the opport unity to speak for and against the proposal, and the project was denied by the Planning Commission on a 5-2 vote; WHEREAS, an appeal of the Planning Commission’s denial of the project was filed on May 30, 2023;
WHEREAS, a duly noticed public hearing was held by the City Council on August 1, 2023 with all persons having the opportunity to speak for and against the appeal; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of CEQA per CEQA Guidelines Section 15270(a) in that CEQA does not apply to projects which a public agency rejects or disapproves; NOW, THEREFORE, based on evidence in the record and the findings contained in Exhibit A, the City Council hereby upholds the decision of the Planning Commission to DENY Planning Application 22-04.
238
Resolution No. 2023-xx Page 2 of 3
PASSED AND ADOPTED this 1st day of August, 2023.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2023-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1st day of August 2023, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2nd day of August 2023.
_________________________________
Brenda Green, City Clerk
239
Resolution No. 2023-xx Page 3 of 3
EXHIBIT A
FINDINGS
A. Pursuant to CMMC Section 13-29(g), when granting approval of an application for a conditional use permit, the Planning Commission shall find that based on the evidence presented in the record, the proposed project substantially meets the Costa Mesa Municipal Code Conditional Use Permit required findings. The Applicant failed to meet its’ burden to demonstrate that the proposed project would operate in a manner that would comply with all of the requirements of Section 13 -29(g)(2), therefore, the Planning Commission was unable to make the re quired findings to approve the proposed use.
During the May 22, 2023 public hearing, the Planning Commission voiced specific concerns in regard to non -compliance with the Conditional Use Permit required findings in that: (1) during the public hearing, the applicant presented (both verbally and in presentation form) that the cannabis use would associate with a local youth sporting organization, and the Commission believed that this constituted a conflict with the health, safety and general welfare of the public by associating a business that specializes in the sale of cannabis with the City’s youth population; and (2) the Commission raised a concern that the proposed new business operation would result in a currently operating business (Angel’s Beauty Salon) to cease operation at its existing location. When the Planning Commission requested clarification about the status of the existing business during the public hearing, the applicant was unclear of the existing business’ future status. The Commission further indicated that granting the conditional use permit would not be consistent with General Plan Land Use Element Policy LU-6.7, to “Encourage new and retain existing businesses that provide local shopping and services”, in that an existing business wo uld not be retained as a result of the proposed new business.
240
ATTACHMENT 2
Resolution No. 2023-xx Page 1 of 15
RESOLUTION NO. 2023-xx
A RESOLUTION OF THE CITY COU NCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO OVERTURN THE PLANNING COMMISSION ’S DECISION AND APPROVE PLANNING APPLICATION 22-04 FOR A RETAIL CANNABIS STOREFRONT BUSINESS WITH DELIVERY LOCATED AT 2790 HARBOR BOULEVARD, SUITES 107, 109, AND 115 (FROM THE EARTH)
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, Planning Application 22-04 was filed by Dan Zaharoni representing DBO Investments CM, LLC, the authorized agent for the property owner, Tri-Harmony Properties, LLC, requesting approval of the following:
A Conditional Use Permit to operate a storefront retail and cannabis delivery business within an existing 2,157-square-foot first floor commercial space within a multiple-tenant commercial building located at 2790 Harbor Boulevard (Suites 107, 109 and 115). The business would sell pre-packaged cannabis and pre-packaged cannabis prod ucts directly to customers onsite and through delivery , subject to conditions of approval and other City and State requirements; WHEREAS, a duly noticed public hearing was held by the Planning Commission on May 22, 2023 with all persons having the opport unity to speak for and against the proposal, and the project was denied by the Planning Commission on a 5-2 vote; WHEREAS, an appeal of the Planning Commission’s denial of the project was filed on May 30, 2023;
WHEREAS, a duly noticed public hearing was held by the City Council on August 1, 2023 with all persons having the opportunity to speak for and against the appeal; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of CEQA per Section 1530 1 (Class 1), for Existing Facilities;
NOW, THEREFORE, based on evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibit B, the City Council hereby overturns the decision of the Planning Commission and APPROVES Planning Application 22-04.
241
Resolution No. 2023-xx Page 2 of 16
PASSED AND ADOPTED this 1st day of August, 2023.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2023-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1st day of August 2023, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2nd day of August 2023.
_________________________________
Brenda Green, City Clerk
242
Resolution No. 2023-xx Page 3 of 16
243
Resolution No. 2023-xx Page 4 of 16
EXHIBIT A
FINDINGS
A. Pursuant to CMMC Section 13-29(g), when granting an application for a conditional use permit , the review authority shall find that the evidence presented in the administrative record substantially meets required findings. The proposed project complies with Costa Mesa Municipal Code Section 13-29(g)(2), as indicated below:
Finding: The proposed development or use is substantial ly compatible with developments in the same general area and would not be materially detrimental to other properties within the area.
Facts in Support of Finding: [to be provided]
Finding: Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood.
Facts in Support of Finding: [to be provided]
Finding: Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property.
Facts in Support of Finding: [to be provided]
B. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, for the permitting and/or minor alteration of Existing Facilities, involving negligible or no expansion of the existing or prior use. This project site contains an existing commercial building that has been used continuously for commercial activities. The application does not propose an increase in commercial floor area or otherwise expand the prior commercial use. The project is consistent with the applicable General Plan land use designation and policies as well as with the applicable zoning designation and regulations. Furthermore, none of the exceptions that bar the application of a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. Specifically, the project would not result in a cumulative impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location; and would not impact any historic resources.
C. The project is subject to a traffic impact fee, pursuant to Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code.
244
Resolution No. 2023-xx Page 5 of 16
EXHIBIT B
CONDITIONS OF APPROVAL
General
Plng. 1. The use of this property as a cannabis storefront business shall comply with the approved plans and terms described in the resolution, these conditions of approval, and applicable sections of the Costa Mesa Municipal Code (CMMC) . The City Council or Planning Commission may modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(o)].
2. Approval of the planning/zoning application is valid for two years from the effective date of this approval and will expire at the end of that period unless the applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official, 2) a certificate of occupancy has been issued, or 3) the use is established and a business license has been issued.
A time extension can be requested no less than 30 days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services ma y extend the time for an approved permit or approval to be exercised up to 180 days subject to specific findings listed in Title 13, Section 13-29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority.
3. No person may engage in any cannabis business or in any cannabis activity within the City including delivery or sale of cannabis or a cannabis product unless the person:
a. Has a valid Cannabis Business Permit from the City;
b. Has paid all Cannabis Business Permit and all application fees and deposits established by resolution of the City Council, including annual Community Improvement Division inspection deposits;
c. Has obtained all applica ble planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to operate;
d. Has obtained a City business license pursuant to Chapter I of the Municipal Code;
e. Is in compliance with all requirements of the Community Improvement Division regarding the property;
f. Has obtained any and all licenses required by State law and/or regulations; and
g. Has satisfied all CUP conditions of approval.
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4. Any change in the operational characteristics of the use shall be subject to Planning Division review and may require an amendment to the Conditional Use Permit, subject to either Zoning Administrator, Planning Commission or City Council approval, depending on the nature of the proposed change.
5. No cultivation of cannabis is allowed anywhere on the premises.
6. The uses authorized by this Conditional Use Permit must be conducted in accordance with all applicable State and local laws, including, but not limited to compliance with the most current versions of the provisions of the California Code of Regulations that regulate the uses permitted hereby.
Any violation thereof shall be a violation of the conditions of this permit and may be cause for revocation of this permit.
7. Except for operations allowed by this Conditional Use Permit and under an active Cannabis Business Permit and State Type 10 license, no permit holder or any of its employees shall sell, distribute, furnish, and/or otherwise provide any cannabis or cannabis product to any person, firm, corporation, group or any other entity, unless that person or entity is a lawful, bona fide customer, or it possesses all currently valid permits and/or licenses required by both the State of California a nd applicable local governmental entity to lawfully receive such cannabis and to engage in a “cannabis activity” as defined by Costa Mesa Municipal Code sec. 9 -485.
The permit holder shall verify that the recipient, regardless of where it is located, of any cannabis or cannabis product sold, distributed, furnished, and/or otherwise provided by or on behalf of the permit holder, possesses all required permits and/or licenses therefor.
8. The applicant, the property owner and the operator (collectively referred to as “indemnitors”) shall each jointly and severally defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, legal action, or proceeding (collectively referred to as "proc eeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applica nt, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the indemnitors’ joint and several obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section.
9. If any section, division, sentence, clause, phrase or portion of this approval is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.
10. The use shall operate in accordance with the approved Security Plan. Any changes to the Security Plan must be submitted to the Planning Division with 246
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a written explanation of the changes. If the Director determines that changes are substantial, a modification to the Cannabis Business Permit and/or amendment to the CUP may be required.
11. A parking and security management plan, including techniques described in Operational Condition of Approval No. 7, must be approved by the Director of Economic and Development Services or designee prior to any grand opening or other high volume event on the subject property.
Bldg. 12. Development shall comply with the requirements of the following adopted codes: 2022 California Residential Code, 2022 California Building Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Green Building Standards Code and 2022 California Energy Code (or th e applicable adopted, California Residential Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11B of the 2022 California Building Code.
CBP 13. The operator shall maintain a valid Cannabis Business Permit and a valid Business License at all times. The Cannabis Business Permit application number associated with this address is MQ-21-40 Upon issuance, the Cannabis Business Permit will be valid for a two-year period and must be renewed with the City prior to its expiration date, including the payment of permit renewal fees. No more than one Cannabis Business Permit may be issued to this property.
14. The use shall operate in accordance with the approved Business Plan. Any changes to the Business Plan must be submitted to the Planning Division with a written explanation of the changes. If the Director determines that changes are substantial, a modification to the Cannabis Business Permit and/or amendment to the CUP may be required.
15. A Cannabis Business Permit may be revoked upon a hearing by the Director of Economic and Development Services or designee pursuant to Section 9 -120 of the CMMC for failing to comply with the terms of the permit, the applicable provisions of the CMMC, State law or regulation and/or any condition of any other permit issued pursuant to this code.
Revocation of the Cannabis Business Permit shall trigger the City’s proceedings to revoke the Conditional Use Permit and its amendments.
The Conditional Use Permit granted herein shall not be construed to allow any subsequent owner/operator to continue operating under PA -22-04# until a valid new C annabis Business Permit is received from the City of Costa Mesa.
16. A change in ownership affecting an interest of 51 or more percent, or an incremental change in ownership that will result in a change of 51 or more percent over a three year period, shall require submittal and approval of a 247
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new Cannabis Business Permit. A change in ownership that affects an interest of less than 51 percent shall require approval of a minor modification to the Cannabis Business Permit.
State 17. The business must obtain any and all licenses required by State law and/or regulation prior to engaging in any cannabis activity at the property.
18. The applicant shall obtain State License Type 10 prior to operating. The uses authorized by this Conditional Use Permit must be conducted in accordance with all applicable State and local laws, including, but not limited to compliance with the most current versions of the provisions of the California Code of Regulations that regulate the uses permitted hereby.
Any violation thereof shall be a violation of the conditions of this permit and may be cause for revocation of this permit.
19. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the City, until the State of California, or its respective department or di vision, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a cannabis business, such revocation or termination shall also revoke or terminate the ability of a cannabis business to operate within the City. This Conditional Use Permit will expire and be of no further force and effect if any State issued license remains suspended for a period exceeding six (6) months. Documentation of three violations during rou tine inspections or investigations of complaints shall result in the Community Inprovement Division scheduling a hearing before the Director of Development Services to consider revocation of the Cannabis Business Permit.
20. Third parties are prohibited fro m providing delivery services for non - storefront retail.
21. Persons under the age of twenty -one (21) years shall not be allowed on the premises of this business, except as otherwise specifically provided for by state law and CMMC Section 9 -495(h)(6). It shall be unlawful and a violation of this CUP for the owner/operator to employ any person who is not at least twenty-one (21) years of age.
PD 22. Every manager, supervisor, employee or volunteer of the cannabis business must submit fingerprints and other information specified on the Cannabis Business Permit for a background check by the Costa Mesa Police Department to verify that person’s criminal history. No employee or volunteer may commence paid or unpaid work for the business until the background checks have been approved. No cannabis business or owner thereof may employ any person who has been convicted of a felony within the past 7 years, unless that felony has been dismissed, withdrawn, expunged or set aside pursuant to Penal Code sections 1203.4, 10 00 or 1385, or who is currently on probation or parole for the sale, distribution, possession or manufacture of a controlled substance.
CID 23. Should any employee, volunteer or other person who possesses an identification badge be terminated or cease their employment with the 248
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business, the applicant shall return such identification badge to the City of Costa Mesa Community Improvement Division within 24 hours, not including weekends and holidays.
24. The property owner and applicant shall use “Crime Prevention Through Environmental Design” techniques to reduce opportunities for crime, loitering and encampments on the property as deemed appropriate by the Community Improvement Manager and Director of Ec onomic and Development Services.
Finance 25. This business operator shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees and permits required under State and local law. This business operator shall cooperate with the City with respect to any reasonable request to audit the cannabis business’ books and records for the purpose of verifying compliance with the CMMC and this CUP, including but not limited to a verification of the amount of taxes required to be paid during any period.
26. The following records and recordkeeping shall be maintained/conducted:
a. The owner/operator of this cannabis business shall maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis, or at any time upon reasonable request of the City, the owner/operator shall file a sworn statement detailing the number of sales by the cannabis business during the previous twelve month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. b. The owner/operator shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this condition shall be provided to the City Manager upon a reasonable request. c. The owner/operator shall maintain an inventory control and reporting system that accurately docum ents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the retail sale process. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPPA), the owner/operator sh all allow City officials to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the City’s request, unless otherwise stipulated by the City.
d. The owner/operator shall have in place a point-of-sale tracking system to track and report on all aspects of the cannabis business including, 249
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but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale). The owner/operator shall ensure that such information is compatible with the City’s record- keeping systems. The system must have the capability to produce historical transactional data for review by the City Manager or designees.
Insp. 27. The City Manager or designees may enter this business at any time during the hours of operation without notice, and inspect the location of this business as well as any recordings and records required to be maintained pursuant to Title 9, Chapter VI or under applicable provisions of State law.
If the any areas are deemed by the City Manager or designee to be not accessible during an inspection, not providing such access is cause for the City to begin a cannabis business permit (CBP) and/or conditional use permit (CUP) and/or business license revocation process as prescribed by the applicable Municipal Code revocation procedures.
28. The applicant will pay for the inspections according to the adopted Fee Schedule.
29. Quarterly Fire & Life Safety Inspections will be conducted by the Community Risk Reduction Division to verify compliance with the approved operation. The applicant will pay for the inspection according to the Additional Required Inspections as adopted in the Fee Schedule.
30. Annual Fire & Life Safety Inspections will be conducted by the Fire Station Crew for emergency response pre-planning and site access familiarization.
The applicant will pay for the inspection according to the adopted Fee Schedule.
31. Pursuant to Title 9, Chapter VI, it is unlawful for any person having responsibility for the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents requi red to be maintained by a cannabis business under this chapter or under State or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis business under this chapter or under State or local law.
Prior to Issuance of Building Permits
1. Plans shall be prepared, stamped and signed by a California licensed Architect or Engineer.
2. The conditions of approval and ordinance or code provisions of Planning Application 22-04 shall be blueprinted on the face of the site plan as part of the plan check submittal package.
3. Prior to the Building Division issuing a demolition permit, the applicant shall contact the South Coast Air Quality Management District (AQMD) located at:
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21865 Copley Dr.
Diamond Bar, CA 91765-4178
Tel: 909- 396-2000
Or visit its website:
http://www.costamesaca.gov/modules/showdocument.aspx?documentid =23381. The Building Division will not issue a demolition permit until an Identification Number is provided by AQMD.
4. Odor control devices and techniques shall be incorporated to ensure that odors from cannabis are not detected outside the subject suites, outside the building, nor anywhere on adjacent property or public right s-of-way.
Building and mechanical permits must be obtained from the Building Division prior to work commencing on any part of the odor control system.
5. Plan check submittal shall include air quality/odor contr ol device specification sheets, improving the trash enclosure, adding bike racks, and parking space design and striping in conformance with CMMC and Transportation Division requirements.
6. No signage shall be installed until the owner/operator or its designated contractor has obtained permits required from the City. Business identification signage shall be limited to that needed for identification only.
Business identification signage shall not include any references to cannabis, whether in words or symbols. All signs shall comply with the CMMC.
7. The plans and business operator shall comply with the requirements of the applicable California Fire Code, including any referenced standards as amended by the City of Costa Mesa.
8. The Traffic Impact Fee as calculated by the Transportation Services Division shall be paid in full.
9. Construction documents shall include a temporary security lighting exhibit to ensure the site is secured during construction and to discourage crime, vandalism, and illegal encampments.
10. The applicant shall submit a lighting plan to the Planning Division for review and approval. The lighting plan shall show locations of all security lighting. As determined by the Director of Economic and Development Services or their designee, a photometric study may be required to demonstrate compliance with the following: (a) lighting levels on the property including the parking lot shall be adequate for safety and security purposes (generally, at least 1.0 foot candle), (b) lighting design and layout shall minimize light spill at the adjacent residential property line and at other light-sensitive uses (generally, no more than 0.5 -footcandle at the property line), and (c) glare shields may be required to prevent light spill.
Prior to Issuance of a Certificate of Use/Occupancy
1. The operator, contractors, and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final occupancy and utility releases will not be granted until all such licenses have been obtained. 251
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Prior to Issuance of Cannabis Business Permit
1. The applicant shall contact the Planning Division for a facility inspection and provide a matrix of conditions of approval explaining how each was met prior to issuance of a Cannabis Business Permit.
2. The applicant shall pay the public notice fee ($1 per notice post card) and the newspaper ad publishing cost.
3. The final Security Plan shall be consistent with the approved building plans.
4. Each entrance to the business shall be visibly posted with a clear and legible notice stating the following:
a. That smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited; b. That no person under the age of twenty -one (21) years of age is permitted to enter upon the premises of the cannabis business unless the business holds a retail medical cannabis license (M-license) issued by the state;
c. That loitering by persons outside the faci lity both on the premises and within fifty (50) feet of the premises is prohibited; and d. The premise is a licensed cannabis operation approved by the City of Costa Mesa. The City may also issue a window/door sticker, which shall be visibly posted.
5. The owner/operator shall obtain and maintain at all times during the term of the permit comprehensive general liability insurance and comprehensive automotive liability insurance protecting the permittee in an amount of not less than two million dollars ($2,00 0,000.00) per occurrence, combined single limit, including bodily injury and property damage and not less than two million dollars ($2,000,000.00) aggregate for each personal injury liability, products-completed operations and each accident, issued by an insurance provider admitted and authorized to do business in California and shall be rated at least A -:viii in A.M. Best & Company's Insurance Guide.
Such policies of insurance shall be endorsed to name the City of Costa Mesa as an additional insured. Proof of said insurance must be provided to the Planning Division before the business commences operations. Any changes to the insurance policy must be submitted to the Planning Division within 10 days of the date the change is effective.
6. The applicant sha ll submit an executed Retail Cannabis Business Permit Defense and Indemnity Agreement on a form to be provided by the City.
7. The applicant shall post signs directing the use of consideration such as no loud voices, loud music, revving car engines, etc. T he location and language of the parking lot signs shall be reviewed and approved by the Planning Division prior to installation.
Operational Conditions
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1. No product/vendor deliveries to the facility shall occur after 10:00 PM and before 7:00 AM.
2. Onsite sales and delivery to customers is limited to the hours between 9:00 AM and 9:00 PM.
3. The applicant shall submit an updated delivery vehicle list each quarter with the quarterly update to the employee roster which is required pursuant to the CBP. The number of delivery vehicles parked onsite shall not exceed the number of available onsite parking spaces. Delivery vehicles shall not be parked on City streets.
4. At least one security guard shall be onsite at all times.
5. The operator shall maintain free of litter all areas of the property under which applicant has control.
6. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute appropriate security and operational measures as necessary to comply with this requirement.
7. If parking shortages or other parking -related problems develop, the business owner or operator will be required to institute appropriate operational measures necessary to minimi ze or eliminate the problem in a manner deemed appropriate by the Director of Economic and Development Services or designee. Temporary or permanent parking management strategies include, but are not limited to, reducing operating hours of the business, hiring an additional employee trained in traffic control to monitor parking lot use and assist with customer parking lot circulation, and incentivizing online and phone orders.
8. While working, employees shall not park on residential streets unless doing so temporarily to make a cannabis delivery.
9. All employees must wear an identification badge while on the premises of the business, in a format prescribed by the City Manager or designee.
When on the premises, badges must be clearly visible and worn on outermost clothing and above the waist in a visible location.
10. The operator shall ensure that all vehicles are properly maintained, all delivery drivers have a good driving record, and each driver conducts a visual inspection of the vehicle at the beginning of each shift.
11. The operator shall ensure that deliveries are grouped to minimize total vehicle trips.
12. During each delivery stop, the delivery vehicle shall be parked in a safe manner (i.e., not impeding traffic circulation), the engine shall be turned off and the vehicle shall be locked.
13. Delivery/vendor vehicle loading and unloading shall only take place within direct unobstructed view of surveillance cameras, located in close proximity to the vendor entry door, as shown on an exhibit approved by the Director of Economic and Development Services or designee. No loading and unloading of cannabis products into or from the vehicles shall take place outside of camera view. The security guard shall monitor all on -site loading and unloading of vehicles. Video surveillance cameras shall be installed on the 253
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exterior of the building with direct views of the vendor entry door and the entire parking lot. Any modifications or additional vehicle loading and unloading areas shall be submitted to the Director of Economic and Development Services or designee for approval. Cannabis products must be transported in secured containers between the licensed premise and
delivery/distribution vehicles.
14. Delivery/vendor vehicle standing, loading and unloading shall be conducted so as not to interfere with normal use of streets, sidewalks, driveways and on-site parking.
15. The sale, dispensing, or consumption of alcoholic beverages on or about the premises is prohibited.
16. No outdoor storage or display of cannabis or cannabis products is permitted at any time.
17. Cannabis shall not be consumed on the property at any time, in any form.
18. The owner/operator shall prohibit loitering on and within fifty (50) feet of the property.
19. No cannabis or cannabis products, or graphics depicting cannabis or cannabis products, shall be visible from the exterior of the property, or on any of the vehicles owned or used as part of the cannabis business.
20. The owner or operator shall maintain air quality/odor control devices by replacing filters on a regular basis, as specified in the manufacturer specifications.
21. If cannabis odor is detected outside the building or suite , the business owner or operator shall institute corrective measures necessary to minimize or eliminate the problem in a manner deemed appropriate by the Director of Economic and Development Services.
22. Cannabis liquid or solid waste must be made unusable and unrecognizable prior to leaving a secured storage area and shall be disposed of at facility approved to receive such waste.
23. No cannabis products shall be disposed in the onsite trash enclosure. If any damaged or expired cannabis products must be disposed, the owner or operator shall return the damaged or expired cannabis products to the original licensed distributor or vendor and follow all applicable State and City regulations.
24. Each transaction involving the exchange of cannabis goods between the business and consumer shall include the following information: (1) Date and time of transaction; (2) Name and employee number/identification of the employee who processed the sale; (3) List of all cannabis goods purchased including quantity; and (4) Total transaction amount paid.
25. Waste disposal to the exterior trash enclosure shall be limited between the hours of 8 AM and 8 PM to prevent noise impacts to the abutting residential zoned property.
26. A staff person shall be required to periodically monitor the exterior including the parking lot especially during the evening to ensure customers and vendors are using consideration (i.e. abiding by the parking lot signs as conditioned in 254
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Cannabis Business Permit Condition No. 7 ) when entering or leaving the business.
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City of Costa Mesa
Appeal of Planning Commission Decision:
$1,220.00 (Tier 1)
1 $3,825.00 (Tier 2)
2 Appeal of Non-Planning Commission Decision:
$690.00 (Tier 1)
1 $3,825.00 (Tier 2)
2 APPLICATION FOR APPEAL OR REVIEW
Applicant Name*
Address
Phone
REQUEST FOR: APPEAL REVIEW**
Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.)
Decision by:
Reasons for requesting appeal or review:
Date:
Signature:
*If you are serving as the agent for another person, please identify the person you represent and provide proof of authorization. **Review may be requested only by the City Council or City Council Member.
For office use only – do not write below this line
SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF:
If appeal or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal or review Updated April 2020
1 Includes owners and/or occupants of a property located within 500 feet of project site (excluding owners and/or occupants of the project site). 2 Includes the project applicant, owners and/or occupants of the project site, and owners and/or occupants of a property located greater than 500 feet from the project site.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1313 Meeting Date: 8/1/2023
TITLE:
RECOMMENDATIONS FROM CITY COUNCIL COMMITTEE LIAISONS REGARDING CITY
COMMITTEES
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:
Staff recommends that the City Council approve the recommendations of the City Council Committee Liaisons as follows:
1. Review and approve the City Council Liaisons recommendations on the Committees’Scopes of Work (Attachment 1).
2. Streamline all Committees to seven (7) members, through attrition as terms expire, except for the Active Transportation Committee, Mobile Home Park Advisory Committee and the Traffic Impact Fee Committee.
3. Consent to the formation of an Ad Hoc Committee (e.g. standing committees, subcommittees, working groups) upon approval of the City Council Liaison and City Attorney.
4. Request staff to meet with the Costa Mesa Historical Society on a potential merger of the Society and the Historical Preservation Committee.
5. Approve revised Council Policy 000.2, with City Council’srecommendations to be incorporated (Attachment 2).
BACKGROUND:
Costa Mesa’s Committees provide a valuable mechanism for residents who have specialized experience or interest to participate in the City's decision-making process by advising the City Council on numerous issues. The Committees offer an opportunity for people of all ages, interests, and backgrounds to interact creatively and assist in making community decisions that will improve the quality of life in Costa Mesa.
At the April 4, 2023 City Council meeting, after receiving public input, the City Council reviewed
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File #: 23-1313 Meeting Date: 8/1/2023
At the April 4, 2023 City Council meeting, after receiving public input, the City Council reviewed potential changes to each Committee’s scope, membership, ad hoc committee formation criteria, alternates, etc. The Mayor then requested for each Committee Liaison to meet with their respective Committees and provide recommended changes. The detailed recommendations for each Committee are detailed in Attachment 1.
ANALYSIS:
The City Council Liaisons met with their respective Committees to review and discuss the Scope of Work, and various issues pertaining to the Committee. The Council Liaisons have put forth their recommendations for deliberation by the full City Council.
ALTERNATIVES:
City Council may choose to not make the recommended changes or make alternate changes.
FISCAL REVIEW:
There is no fiscal impact associated with this item.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and has approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends that the City Council approve the recommendations of the City Council Committee Liaisons as follows:
1. Review and approve the City Council Liaisons recommendations on the Committees Scope of Work.
2. Streamline Committees to seven (7) members, through attrition as terms expire, except for the Active Transportation Committee, Mobile Home Park Advisory Committee and the Traffic Impact Fee Committee.
3. Consent to the formation of an Ad Hoc Committee (e.g. standing committees, subcommittees, working groups) upon approval of the City Council Liaison and City Attorney.
4. Request staff to meet with the Costa Mesa Historical Society on a potential merger of the Society and the Historical Preservation Committee.
5. Approve revised Council Policy 000.2, with City Council’s recommendations to be incorporated.
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Attachment 1
Finance and Pension Advisory Committee (FiPAC)
Committee consists of nine (9) regular member positions each serving two -year terms.
The Committee meets monthly and:
a. Provides advice to the City Council regarding events and issues which may affect the financial status of the City, including proposed state or federal legislation. b. Reviews short term and long range financial planning, including retirement benefits and/or actuariales and strategies on reducing unfunded liabilities. c. Reviews the City's financial documents and statements. d. Makes recommendations to the City Council regarding amendments to financial policies and processes.
e. Annually reviews the City's investment policy and recommends any changes, if any; and reviews the investment portfolio to ensure compliance with the approved investment policy.
Mayor Stephens recommendations:
Advise the City Council in advance of significant votes related to annual financial matters as well as other financial matters that arise from time to time. For instance, the FiPAC shall advise the City Council annually on the adoption of the City’s budget (both the operating budget and the Capital Improvement Program), the allocation of any budget surpluses, the City’s investment performance and policies, multi-year forecasts presen ted by City staff to the City Council, and adjustments under consideration at the time of the mid -year budget report. At the request of City staff or the City Council, FiPAC shall advise the City Council prior to a vote on material financial decisions, inc luding, for example, review of fees to be charged by the City, incentive programs and development agreements. The FiPAC’s meetings will coincide with the City Council meetings for which the FiPAC will be advising the City Council and will be scheduled suff iciently in advance of the City Council meeting for the FiPAC to provide thoughtful and meaningful advice in writing.
No subcommittee of the FiPAC will be formed without the approval of the City Council liaison and the City Attorney. Subcommittees, if any, shall be focused on a discrete issue and shall be of limited duration and shall be comprised of fewer than a majority of the FiPAC’s members.
The FiPAC shall have Seven (7) members and no alternates. Each councilmember shall have the opportunity to ei ther nominate a member of the FiPAC or to defer his or her nomination to the Council liaison. The Council shall vote on the composition of the FiPAC.
Council Member Harper recommendations: (highlighted are changes) The scope and purpose of the FiPAC shall be to advise the City Council in advance of significant votes related to annual significant financial matters as well as other financial matters that arise from time to time. For instance, the FiPAC shall advise the City Council annually on the adop tion of the City’s budget (both the operating budget and the Capital Improvement Program), the allocation of any budget surpluses, the City’s investment performance and policies, multi -year forecasts 280
Attachment 1
presented by City staff to the City Council, and adjustm ents under consideration at the time of the mid -year budget report. At the request of City staff or the City Council, FiPAC shall advise the City Council prior to a vote on material financial decisions, including, for example, review of fees to be charged by the City, incentive programs and development agreements. This will require that City staff inform Council members of upcoming agenda item well in advance of the Council meeting. FiPAC will then provide a memorandum in advance of the Council meeting as to their recommendation on the issue. FiPAC must agree in majority on the opinion of the recommendation. The FiPAC’s meetings will coincide with the City Council meetings for which the FiPAC will be advising the City Council and will be scheduled sufficie ntly in advance of the City Council meeting for the FiPAC to provide thoughtful and meaningful advice in writing. No subcommittee of the FiPAC will be formed without the approval of the City Council liaison and the City Attorney. Subcommittees, if any, shall be focused on a discrete issue and shall be of limited duration and shall be comprised of fewer than a majority of the FiPAC’s members.
The FiPAC shall have Seven (7) members and no alternates. Each councilmember shall have the opportunity to either nominate a member of the FiPAC or to defer his or her nomination to the Council liaison. The Council shall vote on the composition of the FiPAC.
281
Attachment 1
Animal Services Committee
This Committee consists of seven (7) regular members and two (2) alternate positions , each serving two-year terms. The Committee meets every other month and:
a. Provides the City with recommendations to improve animal services throu ghout the City, including pet licensing, animal shelter and adoption services, and responsible pet ownership.
b. Support animal related community events, such as pet adoptions, vaccination clinics, micro-chipping, etc.
c. Serves as a liaison to the Police Department and California Department of Fish & Wildlife to sponsor coyote public education and related wildlife programs. d. Provides advice regarding the release of live animals within City Limits.
Mayor Stephens recommends:
The objectives of the Animal Services Committee (the “ASC”) are to provide advice and recommendations to the City Council on animal services issues and to promote pet licensing, assist with planning and execution of animal-related events (e.g., Barktober). The purpose of the Animal Services Committee is to maintain, educate, enrich, and promote animal services programs and resources throughout the City, and to monitor the animal care and control function of the City (e.g., live release rates, adoption, veterinary care, fostering, pet licensin g) and advise the City Council of any issues that should be addressed.
The Committee shall:
Make recommendations to the City Council to improve animal services throughout the City, including pet licensing, animal shelter and adoption services, and responsible pet ownership.
Support animal related community events, such as pet adoptions, vaccination clinics, micro-chipping, etc.
Advise the City Council in advance of significant votes related to the animal care and control functions of the City.
The ASC shall meet monthly except for August and December. Meetings shall be on the fourth Wednesday of the month at 4 p.m. Meeting times and dates are subject to change. If the ASC is being asked to provide advice and recommendations to the City Council, its meeting regarding that issue shall be scheduled sufficiently in advance of the City Council meeting for the ASC to provide thoughtful and meaningful advice in writing.
No subcommittee without the approval of the City Council liaison and the City Attorney. Subcommittees, if any, shall be focused on a discrete issue and shall be of limited duration and shall be comprised of fewer than a majority of the A SC’s members.
Seven (7) members and no alternates. Each councilmember shall have the opportunity to either nominate a member of the ASC or to defer his or her nomination to the Council liaison. The Council shall vote on the composition of the ASC.
282
Attachment 1
Active Transportation Committee
This Committee consists of eleven (11) regular member positions , two (2) alternate positions, and two (2) Ex Officio members – Chamber of Commerce and NMUSD Representatives, each serving two-year terms. The Committee meets monthly and:
a. Focuses on the review and update of the City's Master Plan of Bikeways and improvements to be made to bikeways in the City.
b. Evaluates the bikeability and walkabil ity of the City in order to make recommendations for improvement to the City Council.
Council Member Reynolds recommends:
Nine members, one appointment by each Council Member, and two at -large members (the at -large members to ensure broad representation of different mobility options and experiences (e.g. walk, bike, bus, and age ability). No alternates.
One Ex Officio - NMUSD
Council Member Chavez recommends:
Create policy that requires active transportation components into the City’s law; integrate improvements to walkability and bikeability when doing street repairs and slurry seal projects; and finalize the pedestrian master plan. Eliminate all Ad Hoc Committees.
Seven members, one appointment by each Council Member. No alternates.
283
Attachment 1
Fairview Park Steering Committee
This Committee consists of seven (7) regular member positions, two (2) alternate member positions, and one (1) Ex Officio member – OCME Representative, each serving four - year terms. The Committee meets every other month and:
a. Provides advice to the City Council regarding the implementation of the Fairview Park Master Plan.
b. Provides recommendations to the City Council on proposed capital improvement projects and compliance with Measure AA.
c. Presents an annual report to the City Council describing the accomplishments and objectives of the Committee.
d. Facilitates partnerships, volunteer activities, and educational opportunities to promote local stewardship and engagement with Fairview Park and its environmental resources.
e. Provides advice on the interpretive, guide, and regulatory sign program for the park, including cultural and biological resource information and the park’s history.
Council Member Chavez recommends:
Prioritize finalizing the Fairview Park Master Plan and find park enhancement opportunities that are compliant with Measure AA.
Seven members, each Council Member selecting one appointment. No alternates.
Meeting once a month, meetings must pertain to the Master Plan update.
284
Attachment 1
Mobile Home Park Advisory Committee
This Committee consists of nine (9) members each serving two-year terms: Three mobile home park owners (or their representative); four mobile home park resident owners; and two independent citizens at -large with no affiliation or relationship with mobile home parks. The Committee meets quarterly and h elps to improve the quality of life in mobile home parks and to review matters concernin g mobile home parks in the City through healthy communication with park owners, manufactured home owners, and the City Council.
Council Member Chavez recommendations:
Committee identify areas for improvement and suggest ordinances to address the issues.
No changes to membership.
Meet once every two months.
285
Attachment 1
Housing and Public Service Grants Committee
This Committee consists of nine (9) regular member positions and one (1) alternate positions each serving two -year terms. The committee typically meets twice a year in March and September. The Committee helps to promote community understanding of the activities funded by the U.S. Housing and Urban Development Department (HUD), and Community Development Block Grants (CDBG) with a focus on social service grants.
Additionally, the committee rates and ranks applications for CDBG public service grants, ultimately developing funding recommendations for City Council.
Council Member Chavez recommendations:
No changes to the Scope of Work
Seven (7) Members, each Council Member making one appointment. No alternates.
286
Attachment 1
Historical Preservation Committee
This Committee consists of nine (9) regular member positions and two (2) alternate member positions each serving two -year terms. The committee meets monthly and serves to maintain, preserve, educate and promote the city’s historical resources.
Council Member Chavez recommends
Explore merging with the Costa Mesa Historical Society (Society) and dissolving the Historical Preservation Committee.
287
Attachment 1
Traffic Impact Fee Ad Hoc Committee
This Committee consists of five (5) appointed positions each serving four-year terms; one representing the Chamber of Commerce, one representing major developers’, one representing small developers and two at -large positions. The Committee meets on an as-needed basis. The purpose of the committee is to fund the necessary transportation/circulation improvements, which are related directly to the incremental traffic impacts imposed on the City’s transportation system by the development of new and/or changing commercial, industrial, and residential uses as permitted by the General Plan. The committee also assists staff on all aspects related to the updating and revision of traffic impact fees.
No changes were suggested by the Council Liaisons.
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289
290
291
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1292 Meeting Date: 8/1/2023
TITLE:
APPOINTMENT TO THE PLANNING COMMISSION
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:
Staff recommends Council Member Marr make one (1) member appointment to the Planning Commission (term expiration of January 2027), with approval by the City Council.
BACKGROUND:
The Planning Commission meets on the second and fourth Monday of each month and advises on planning, land-use, and development matters. The Commission is the final decision-making body for certain discretionary land-use approvals such as design review and conditional use permits. The Commission also functions as an advisory body to the City Council for Zoning and General Plan amendments.
Staff received seventeen (17) applications for the vacancy to be filled (applications attached).
Council Member Marr may appoint any applicant, it is not a requirement to appoint within a Council Member’s district.
1. Timothy L Starn (District 1)
2. Darrnell Neft (District 1)
3. Karen Klepack (District 1)
4. Jene Rosado (District 1)
5. David Jordan Smith (District 2)
6. Syed Zia Hussain (District 2)
7. Aaron Snyder (District 2)
8. Jennifer Doane (District 3)
9. Jose Gomez (District 5)
10. Wyatt Lin (District 5)
11. Hengameh Abraham (District 6)
12. Donita Culbertson (District 6)
13. Shayanne Wright (District 6)
14. John Raymond Razzano (District 6)
15. Lindsay Hezmalhalch (District 6)
16. Phil Palisoul (District 6)
292
File #: 23-1292 Meeting Date: 8/1/2023
17. Noel Perkins (District 6)
ANALYSIS:
A total of seventeen applicants have submitted applications for the appointment to the Planning Commission in response to the City’spress releases that were sent on July 5, 2023, July 11, 2023, July 14, 2023, July 15, 2023, July 17, 2023, and July 20, 2023.
ALTERNATIVES:
City Council may choose not to make the appointment to the Planning Commission or to extend the recruitment period.
FISCAL REVIEW:
Planning Commissioners receive $400.00 monthly. The stipends are included in the Fiscal Year 2023 -24 Adopted Operating Budget.
LEGAL REVIEW:
The City Attorney has reviewed this report and has approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends Council Member Marr make one (1) member appointment to the Planning Commission (term expiration of January 2027), with approval by the City Council.
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City of Costa Mesa Application for Commission
1 / 2
Q1
Full Name:
Timothy L Starn
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
As a life long Costa Mesa resident and retiree from CMPD, I have extensive historical knowledge and inside perspective about our City. I would represent the greater good for our City and support the desires of our community with integrity and dedication.
Q4
As a Commission member, what ideas or projects are of interest to you? Balanced and targeted growth between business and residential development. Creating a community feeling that draws new families and businesses to our City.
Q5
Optional Resume:
Costa%20Mes%20PC.doc (56KB)
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Collector: Web Link 1 ( Web Link)
Started: Thursday, July 06, 2023 10:23:55 AM
Last Modified: Thursday, July 06, 2023 10:34:02 AM Time Spent: 00:10:06
IP Address: 104.34.7.154
294
Timothy L. Starn
2737 Albatross Drive Costa Mesa, CA 92626
714.321.9229
[email protected]
Objective Seeking Appointment to the Costa Mesa Planning Commission Profile
Successful record of aviation business development.
Goal oriented with strong ethics and leadership
Highly organized, motivated, and detail-oriented.
Proven ability to develop and close complex sales projects.
Well established and highly respected in the aviation community. 31 years in law enforcement.
12 years of law enforcement/firefighting aviation management. 8 years of high-level sales experience.
Education
Bachelor of Arts Degree in Business Management, Southern California College Kopp Consulting Business Development Course
Gazelle Sales Training (Ballantree Consulting)
Sherman Block Supervisory Leadership Institute
West Point Leadership, Los Angeles Police Department
Rotorcraft Commercial/CFI Certificate
NTSB Investigation Course Certificate
Train the Trainer, CA Peace Officer Standards & Training Supervisory Certificate, CA Peace Officer Standards & Training Advanced Management Certificate, CA Peace Officer Standards & Training Executive Management Certificate, CA Peace Officer Standards & Training FEMA Certificates IS-700 NIMS, ICS-100, ICS-200, ICS-300, ICS-400 Current CPR, First Aid and AED Certificate
Relevant Experience
Program Coordination
• Managed business development, sales teams, and trade shows. • Created new policies and standardized company operations. • Generated a $900MM pipeline.
• Experienced with Salesforce, Microsoft Word, Outlook, Excel, ZoHo, and PowerPoint. • Managed Costa Mesa, Newport Beach and Santa Ana Police Department’s aviation unit Airborne Law Enforcement Services (ABLE).
• Created professional service agreements, contracts, budgets, and billing for outside law enforcement agencies.
• Created city council reports, staff reports, board agendas, operations manuals, SMS, training manuals, mutual aid agreements, and business models for emergency services. • Partnered with private businesses for R&D of law enforcement technology and created cooperative marketing strategies.
• Homeland Security Region 1A Board Member
• Airborne Public Safety Association (Formerly ALEA.) Professional Member (2002-present) • Orange County Air Support OIC Chair (2009-2011)
295
Employment
Advanced Composite Structures VP of Global Sales
Developed global sales.
Developed sales team strategies.
Created company CRM process.
Managed key accounts.
ABLE Aviation Consultant (President)
Establish CONUS and OCONUS government flight operations.
Consult private operators with flight operations and SMS.
Infinity Helicopter Leasing-Uniflight (parent company Hawke Aerospace Holdings- HAH)
VP Sales & Marketing
• Managed worldwide government and commercial sales.
• Generated new business and marketing strategies.
• Created capitol and operational lease contracts for government and commercial operators.
• Established flight departments for law enforcement agencies. • Audited aviation operations for improved performance and reduced expenditures.
Costa Mesa Police Department Commander
Airborne Law Enforcement Services (A.B.L.E.),
• Managed evolving multi-jurisdictional & cross function air unit with full and part-time police officers and supervisors from Costa Mesa, Newport Beach and Santa Ana (Orange County, CA).
• Partnered with city attorney’s office to create policies, contracts, and legal documents.
• Worked with finance department for development of operating budgets, billing rates for contract cities, and equipment purchases. • Successfully authored state and federal grants.
• Established employment agreements for contract labor. • Negotiated multiple year contracts with outside vendors.
2020-Present
2019-2020
2014-2018
2003-2014
Traffic Motor Sergeant
• Supervised traffic officers, administer problem oriented policing projects, wrote grants, and conducted recurrent training. 2002-2003
Police Corporal
• Patrol division responsibilities, field training duties, P.O.S.T. trainer and community policing coordinator.
1998-2002
Police Officer
• Patrol, Federal Task Force, Investigations, Special Enforcement Detail, Substation Supervisor, Citizen’s Academy Coordinator, Helicopter Tactical Flight Officer, Senior Volunteer Supervisor, Bicycle Detail and Field Training Officer.
1988-1998
Westminster Police Department
• Police officer
1984-1988
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Memberships
And Community
Involvement
Airborne Public Safety Association (formerly ALEA) Instructor and Corporate Member.
Member International Association of Chief of Police (IACP) Member Helicopter Association International
Member Association of Air Medical Services
Member Helicopter Association International
Member California Chiefs of Police
Member Rock Harbor Church Costa Mesa Risk Management Team Costa Mesa Latino Business Council
Costa Mesa Chamber of Commerce
Costa Mesa Senior Center
South Coast Metro Alliance
Back Bay High School Mentor
Estancia High School Mentor
Newport Harbor High School Mentorship Program
Costa Mesa Executive Club Chairman (2010-2014)
Honors &
Awards
Medal of Valor
Class A, B, & C Commendations, Costa Mesa City Council/Police Department Employee of the Year, Costa Mesa City Council
Life Saving Award, County of Orange
Honored by the Orange County Fire Authority for 2007 Fire Season Los Angeles Joint Terrorist Task Force Law Enforcement Award 10851 Award from Automobile Club of Southern California Airborne Law Enforcement Association, Western Region Award 2005 & 2009
297
City of Costa Mesa Application for Commission
1 / 2
Q1
Full Name:
Darrell Neft
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I would like to improve the environmental and social structure of the city. Reducing environmental impacts and improving social struction would make the our city and planet a healthier and safer place.
I am an Electrical Engineer and was a Union representative. My engineering background required classes in thermodynamics which is where energy use begins. On my job at Long Naval Shipyard, I designed electrical, light, and even a fire fighting system. As a Union representative for the International Federation of Professional and Technical Engineers I learned how to resolve people problems, negotiate, mediate, litigate, and influence legislation.
Q4
As a Commission member, what ideas or projects are of interest to you? I want to see projects minimize the energy and waste footprint on the city and society. We need projects planned to encourage social connection in the city and society. Improved social connection would reduce homelessness, drug addiction, mental illness, poor health, excessive use of transportation resources and facilities. These connections need to cross all age, ethnic, religious groups.
Many of these objects can be accomplished by using local academic resources including sociologists and architects available at our universities and colleges.
Q5
Optional Resume:
Respondent skipped this question
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Collector: Web Link 1 ( Web Link)
Started: Sunday, July 16, 2023 12:55:11 AM
Last Modified: Sunday, July 16, 2023 1:22:37 AM
Time Spent: 00:27:25
IP Address: 107.184.189.150
298
City of Costa Mesa Application for Commission
1 / 2
Q1
Full Name:
Karen Klepack
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I would like to leverage my decades long career in building codes, sustainability, and infrastructure to serve my city. Attached resume outlines an entire career of expertise in design and local government that will enable me to hit the ground running.
Q4
As a Commission member, what ideas or projects are of interest to you? Housing, sustainability, infrastructure, traffic mitigation.
Q5
Optional Resume:
Karen%20Klepack%20Resume%20July%202023_CM%20Plng.pdf (164.2KB) # 7
C OMPLETE
Collector: Web Link 1 ( Web Link)
Started: Sunday, July 16, 2023 3:06:08 PM
Last Modified: Sunday, July 16, 2023 3:15:59 PM
Time Spent: 00:09:50
IP Address: 163.116.140.142
299
KAREN KLEPACK
CELL: 949-910-3537 | EMAIL: [email protected]
SUMMARY
Engineering professional with 23 years of leadership in the energy industry, advocating for local, state, and federal policy changes, with expertise in sustainability, energy efficiency, and infrastructure projects. Seeking to advance Costa Mesa’s legacy as a desirable place to live, work, and thrive for future generations.
EXPERIENCE
SOUTHERN CALIFORNIA EDISON, Rosemead, CA September 2006- Present Senior Manager, Local Public Affairs (LPA) Operations
• Lead a team responsible for ensuring the LPA senior leaders maintain operational effectiveness related to government relations and public affairs strategy, collaborating across the enterprise on complex escalated issues, as well as facilitating external engagement.
• Leading LPA’s community resiliency and emergency response efforts for all electrical infrastructure hazards, including Public Safety Power Shutoffs (PSPS), wildfire response, wind and heat storms, and cybersecurity. • Oversee local government franchise agreements, utility user taxes, business licenses, annexations, and incorporations.
Senior Manager, Building Electrification and Codes & Standards • Progressed State and Federal building codes to advance market adoption of transportation and building decarbonization technologies, renewables, batteries, and grid harmonization of distributed energy resources. • Worked closely with the CPUC and CEC to advance clean energy policy, develop new customer incentive programs, and ensure code compliance amongst a diverse set of stakeholders.
Manager, Distributed Resource Program Management
• Led a team responsible for program development and successful delivery of distributed generation programs. • Secured resources to expedite battery storage incentives for customers impacted by fire and PSPS outages.
Key Accounts Manager, New Construction, Residential, Commercial/Industrial, Indoor Agriculture • Customer service contact to mitigate escalated issues for residential, commercial, and industrial developers.
Advise on planning, programs, and economic development for major new construction, including the Rams NFL Stadium, The Great Park, and the newly regulated cannabis cultivation industry upon passage of Prop 64. • SCE awards for “Support of Local Planning, broadening strategic relationships with Transmission & Distribution (T&D)” and “Key input and expertise regarding T&D interconnection processes.” • Building Industry Association award for “Outstanding Leadership for the Betterment of Our Industry” for improving Distribution Planning process and customer service.
SOUTHERN CALIFORNIA GAS COMPANY, Los Angeles, CA May 2003 – September 2006 Senior Account Executive, Demand Side Management Programs • Exceeded departmental energy efficiency goals by >200%. Presented at technical conferences about changes to energy codes and state policy. Facilitated external training and technical oversight of program engineers.
CONSTRUCTIVE TECHNOLOGIES GROUP, Irvine, CA August 2000 – May 2003 Project Manager, Sustainability
• Performed on-site energy audits, complex technical analysis, and financial feasibility of energy and environmental strategies for commercial/industrial, residential, public sector, governmental clients, and others.
EDUCATION
MASTER OF BUSINESS ADMINISTRATION, ORGANIZATIONAL LEADERSHIP August 2018 Capstone: Developed Complete Business Plan for Affordable Zero Net Energy Multifamily Community, with short, medium, and long-term business objectives.
BACHELOR OF SCIENCE, MECHANICAL ENGINEERING April 2000 Honors: Dean’s List for Outstanding Scholastic Achievement, Minor in Mathematics
BOARDS OF DIRECTORS
ORANGE COUNTY CONSERVATION CORPS, Serve young, at-risk adults through training, employment, and educational programs that build self-sufficiency and benefit the community through conservation-driven projects.
UNITED STATES GREEN BUILDING COUNCIL (USGBC) LA, Transform Southern California’s built environment into a more sustainable, resilient, and equitable region for all. Led working group for Leadership in Energy & Environmental Design (LEED) for Cities & Communities rating system; facilitated Costa Mesa’s application for, and ultimate award of, a grant that resulted in Costa Mesa being the first city in California to achieve LEED Gold certification. Authored a blog for the USGBC website titled “Costa Mesa Leads the Golden State with a LEED for Cities Gold Certification.” 300
City of Costa Mesa Application for Commission
1 / 2
Q1
Full Name:
Jene Rosado
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
My professional background for over 25 years is in both domestic & international Logistics. I’m sure some of my skills can be utilized in this arena and I’m happy to be of service to the city in an effort to get more involved with the community.
Q4
As a Commission member, what ideas or projects are of interest to you? This would be my first time getting involved in this program so I have ideas at this time. I am interested in Capital improvement plans, Affordable housing plans and Individual Projects are sounding most appealing.
Q5
Optional Resume:
Respondent skipped this question
# 16
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Collector: Web Link 1 ( Web Link)
Started: Thursday, July 20, 2023 3:08:39 PM
Last Modified: Thursday, July 20, 2023 3:57:57 PM Time Spent: 00:49:17
IP Address: 166.199.97.6
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City of Costa Mesa Application for Commission
1 / 2
Q1
Full Name:
David Jordan Smith
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
As an architect and designer of many projects in southern California (and across the nation), I have been interested in the efforts of Costa Mesa to create better neighborhoods and well developed facilities. I have been vocal and participated in many of the development processes in my SOBECA neighborhood as a resident of Costa Mesa, and as I have been currently functioning as a part time retired principal of my firm based in Irvine I find myself with time and motivation to help even further. Rather than a resume please visit our Westgroup Designs site to see what we have created and my qualifications - www.westgroupdesigns.com Q4
As a Commission member, what ideas or projects are of interest to you? As the main Project Manager of the JWA airport terminal C project and many other airport development projects, I have always been interested in Costa Mesa's relationship with the airport and its challenges with neighbors. I have also participated in Costa Mesa's first homeless shelter, Orange County's first homeless shelter and see the need for more facilities and advocacy in that area. Most importantly I am interested in neighborhood development that creates viable and safe areas in our city - the Randolph/Baker projects in my residential area were promoted by me, and the development of the SOBECA area is an important example of development that can be created in the City while preserving open space and parks. # 3
C OMPLETE
Collector: Web Link 1 ( Web Link)
Started: Thursday, July 06, 2023 2:20:13 PM
Last Modified: Thursday, July 06, 2023 3:31:18 PM Time Spent: 01:11:04
IP Address: 98.189.42.52
302
David Jordan Smith
AIA, NCARB, CSI
Principal
“It takes a good idea to begin a project. It takes a well-organized team to bring it to life.”
About
As the Director of Operations, David resolves the complex interdependencies within multidisciplinary teams for the successful planning, design, and construction of challenging projects. Responsible for diverse, award-winning projects, David’s superior organizational skills have enabled him to lead some of the largest and most difficult programs to successful completions by conscientiously documenting, managing, and controlling the scope, cost, and schedule of each project. An active Board Member of the Orange County Chapter of CSI and a Registered Architect in multiple states, David earned his Bachelor of Architecture and Bachelor of Environmental Engineering degrees from Auburn University.
David’s professional role models include Caesar Pelli for his design excellence and Arthur Gensler for his management excellence. From a broader point of view, however, David’s heroes consist of Elon Musk, his father, his two daughters and his wife, Kitty. When he isn’t working, David enjoys playing piano, strumming his guitar, and singing to entertain himself as well as his daughters and grandchildren. An avid golfer, David hopes to one day play at premier golf courses throughout the world.
Education
Bachelor of Architecture, Auburn University
Bachelor of Environmental Design, Auburn University
Building Sciences & Architectural Management, Auburn University Licensed Architect - CA# C20495
NCARB #43252
Certified Specification Writer
303
NOTE: this is my resume page from Westgroup Designs, Inc. Please visit www.westgroupdesigns.com for more information as to what we do and have done.
I have been a working architect for 43 years and I have been licensed in 8 different states with a national NCARB license. I have worked on and have been the principal project manager for many major southern California projects including but not limited to:
• Sea World of San Deigo – Anheuser Busch modernization of the park. • San Diego International Airport Terminal 2 expansion. • LAX United Terminal 8 expansion and modernization of terminals 6 and 7. • LAX TBIT Security and Interior modernization.
• Denver International Airport.
• Riverside University Hospital and Medical Clinics.
• Bridges at Kraemer Place, Orange County’s first homeless shelter. • Riverside University Health System - Behavioral Health – Arlington Campuses. • Downey Fire Stations (four)
• Orange County Fire Authority
• Newcomb Academy Middle School – Long Beach
• Pacifica and La Quita High Schools for Garden Grove
• Fillmore High School
• Ketchem Medical School
• Los Alamitos High School
• Improv Clubs, Nationwide
• Orange County Transportation Authority
• Costa Mesa Homeless Shelter Building evaluation.
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City of Costa Mesa Application for Commission
1 / 2
Q1
Full Name:
Syed Zia Hussain
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I am undergraduate BS in Urban Planning. I have conducted two research on Costa Mesa topic including walkability and housing. I run a meetup group named "Smart City Developers" and I recently registered it at Costa Mesa business licensing. The SCD does several events for the fresh graduates in the fields relating environmental design including field trips, regular general meetings, videography on architectural, and urban planning related topics. I have presented my research in OCC symposium 2019 and 2020, later presented to Malmo University, Sweden.
Q4
As a Commission member, what ideas or projects are of interest to you? I believe we need to work on making Costa Mesa children friendly which means more safer, greener, and easy connectivity between amenities and residency where not only adults benefit but also the kids. The kids need to get out from their computer, video games and cellphone world otherwise there is alot problem for the community.
Q5
Optional Resume:
URP%20Resume.pdf (269.3KB)
# 4
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Collector: Web Link 1 ( Web Link)
Started: Friday, July 07, 2023 4:34:02 PM
Last Modified: Friday, July 07, 2023 4:43:49 PM
Time Spent: 00:09:46
IP Address: 198.72.166.215
305
1 Syed Zia Hussain
[email protected]. Cell phone: 1-714-280-3730
Education
Cal Poly Pomona, California, United States. May 2023 Bachelor of Science in Urban and Regional Planning GPA 3.1 Orange Coast College. California, United States. Dec 2019 Associate degree in Architecture
Associate Degree in Event Management
GPA 3.36
Relevant Coursework
-Senior Project – Research on “Effects of High-Density residency on Walkability in 19 th Street, Costa Mesa, CA.” -Social Justice in Planning - Theories of social justice relevant to Urban and regional planning . -Policy Analysis for Planning - Theories and methods for evaluating planning proposals and projects . –Introduction to Project Management – Understands and practice the five fundamental steps for leading a project: Initiate, plan, execute, monitor & Control, and close . - -Regional Transportation Policy and Planning - Understanding factors in land use, travel behavior, politics and finance that shape regional transportation policy choices.
– Community Planning: Final Project McBride Park Impacts on the Youth Community Long Beach, California. - YouTube
Work Experience:
Planning Aide Intern: June 2022-July 2022 Cal Poly Pomona Facility Planning and Management
- Record keeping, cold calls, drawing figure grounds, site analysis, printout architectural drawing, keeping files, report writing, and administrational work.
Administrative Intern Oct 2021- Feb 2022 City of Tustin Department of Community Planning, Tustin, CA - Review variance, condition permits, and design reviews, Quality control and update code files. Customer service and attend phone calls. Review General Plan, zoning, subdivision, and environmental review. Work as a team player in variety of projects and individually.
Relevant Work Experience
American Family Housing– Outreach, public engagement and external presentations and contributed $3000 for the project.
McBride Park - collaboratively with community members - McBride Park Impacts on the Youth Community Long Beach, California. - YouTube
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2 Awards and Recognitions:
- Volunteered Researches on Walkability, Presented at OCC Symposium Fall 2019 and 2020. ”Effects of New High-Density Residency on Walkability in Costa Mesa, CA”. Research on 3 new high-density residency sites and 3 old residency sites.
Skills:
Computer: MS office, Sketch up, Rhino and AutoCAD, Adobe Creative Suite, ArcGIS and InDesign, and Word Processing.
Administration Skill: Comfortable working in, group and individual setting, research, excellent customer service skills, and marketing and sales experience, organizational skills, general clerical tasks, data managing, data entry, report writing, and event management.
Clubs and Organization:
- Member of OC- American Planning Association.
- Member of Young Transportation Planners, LA, and American Planning Association. - Member of ITE (Institute of Transportation Engineering Student Chapter CPP. - Orange Coast College: Scholarship in Architecture, and member Architecture Club.
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City of Costa Mesa Application for Commission
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Q1
Full Name:
Aaron Snyder
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I would like to serve on the planning commission to give back to the city. As a resident, I want to use my experience I have from my career to expeditiously approve both new residential and commercial buildings and homes to bring new community aesthetic and value to Costa Mesa.
Q4
As a Commission member, what ideas or projects are of interest to you? New building developments in multi use and commercial zones. New multi family developments in those particular zones as well.
Updating the zoning codes regarding noise and parking regulations in the West/Central areas of Costa Mesa. Updating wireless codes regarding macro wireless facilities and fiber optic cabling city wide. Enforcement of electric program for all gardening/maintenance equipment city wide regardless of zone type.
Q5
Optional Resume:
Aaron%20Snyder%20Resume%206.11.23.pdf (156.3KB)
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Collector: Web Link 1 ( Web Link)
Started: Thursday, July 20, 2023 1:06:56 PM
Last Modified: Thursday, July 20, 2023 1:23:45 PM Time Spent: 00:16:48
IP Address: 70.95.247.69
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Aaron Snyder
1300 Adams Ave, Apt 21E, Costa Mesa, Ca 92626 • Cell 909.568.4519 • [email protected]
SUMMARY OF QUALIFICATIONS
• 10 years of experience in the telecommunications, construction, and services industries • Highly motivated and energetic professional, dedicated to understanding and meeting c lient needs
• Excellent understanding of the telecommunications industry project management tools, databases, processes, and techniques
• Proficient in Microsoft Office (including Word, Power Point and Excel) • Exceptional focus, follow-through, and coordination skills • Proven ability to develop and manage project schedules, while working with cross-functional teams to drive execution and achieve on-time project completion • Exemplary, can-do, team-oriented leader with excellent interpersonal communication skill s
EXPERIENCE
Crown Castle USA Inc, Irvine, Ca
Site Acquisition Specialist – Real Estate & Service Delivery July 2021-
• Led the entitlements phase for 5G macro upgrade projects for T-Mobile, Verizon, AT&T and Dish wireless facilities throughout Orange, Riverside, San Bernardino, San Diego, Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Santa Clara and Sacramento Count ies • Managed the permitting processes for both administrative and eligible facilities request submittals for 450 wireless sites throughout 75 jurisdictions making up those projects in the California Market
• Negotiated both conditions of approval and lease agreements with jurisdictions where Crown Castle was permitting and developing wireless facilities • Reviewed proposed site designs against existing wireless facility layouts to ensure the constructability of projects met wireless carriers’ deployment schedules • Ordered structural engineering documentation by working with both internal cross functional team members and outside engineering firms
• Coordinated the review and production of engineering drawings for both zoning and permitting submittals by working with Crown Castle team members and outside vendors • Obtained land-owner authorizations and other real estate documentation (grant deeds, lease agreements) where necessary based on jurisdictional requirements as part of jurisdictions wireless approval processes
• Provided weekly updates to both upper management and carrier project teams through Crown Castle database reporting, carrier reporting systems and by attending weekly calls • Analyzed jurisdictional timelines and permitting costs to create a jurisdictional strategy report for the local Crown Castle Site Acquisition team
• Re-developed the program to manage all permitting activities of wireless facilities on educational campuses where the Division of the State Architect had jurisdiction throughout the state of California
• Directly managed multiple vendors from San Diego to Sacramento County in the permitting of 140 macro wireless sites as part of the DSA program
• Was responsible for the use of funds for both zoning and permitting related costs for individual projects with modification costs between $75,000 and $135,000
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Sure-Site Consulting Group LLC, Irvine, Ca
Project Manager – Telecommunications Apr 2021-July 2021
• Provided regional permitting consulting services to Crown Castle for small cell wireless facility deployments in the Pacific Northwest, Bay Area and San Diego Markets • Managed the entitlements phase for an upgrade project for 24 Verizon 5G small cell wireless facilities in Mercer Island, Washington
• Reviewed the 24 site designs with Crown Castle cross functional teams to ensure the small cell wireless facility proposals met local jurisdiction requirements • Analyzed how the project deployment was impacted by both jurisdictional permitting timelines and costs by providing a jurisdictional strategy report to local Crown Castle management • Met with jurisdictional contacts to discuss the project, application requirements and processes to streamline both the application reviews and approvals
• Completed the administrative permit submittals for the 24 small cell wireless facilities and received all permit approvals making up the Mercer Island Verizon project • Submitted the applications and received all permits for two separate Verizon 5G upgrade deployments totaling 35 small cell wireless facilities in the city of San Francisco • Compiled all application material for the small cell wireless facilities and submitted them into the city of San Francisco Public Works Portal
• Held meetings with city staff to ensure the small cell applications were reviewed and permits were processed and approved per applicable telecommunications federal law • Attended weekly meetings with Crown Castle upper management to provide updates on all project statuses
• Assisted with the re-permitting of 37 already constructed utility cabinets across San Diego County as a result of the enforcement of a new San Diego Gas & Electric (SDGE) utility standard • Attended weekly deployment meetings to review new site locations for the utility cabinets • Created a jurisdictional analysis reviewing both jurisdictional ordinance requirements and permitting costs across the 7 cities involved in the project for review by local Crown Castle management
SBA Communications, Costa Mesa, CA
Site Development Specialist II – Network Services Jan 2021 – Apr 2021
• Managed the entitlement phase of an 80 site T-Mobile 5G macro upgrade project throughout San Luis Obispo, Los Angeles, Riverside and Orange County
• Reviewed proposed site designs against existing macro facility layouts to ensure constructability of facilities met the project deployment schedule
• Initiated contract amendments in the SBA internal system by coordinating amongst cross functional departments such as RF, Implementation, Ops, Accounting , Legal and Marketing • Coordinated the fielding of the upgrade sites by outside engineering vendors by issuing purchase orders, tracking progress and reporting updates in the SBA internal database • Provided both jurisdictional and legal (as it pertains to telecommunications law s) insight to SBA team members in the review of both jurisdictional submittal packages and proposed wireless site designs
• Ordered both regulatory and structural engineering documentation by working with various outside vendors
• Provided weekly updates to both SBA upper management and T-Mobile regional teams through SBA database reporting
• Led the beginning phases of eligible facility requests (EFR) and administrative permit submittals to jurisdictions for the macro upgrade sites
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Crown Castle Fiber LLC, Irvine, CA
Government Relations Project Manager – Network Real Estate Jan 2016 - Nov 2020
• Completed 575 jurisdictional reviews for fiber and small cell wireless facility contract proposals in the Southern California market
• Fielded site locations for small cell wireless facilities with Crown Castle Radio Frequency (RF), fiber, power and construction team members
• Coordinated the submittal of encroachment, administrative and discretionary review type applications for more than 505 small cell wireless facilities throughout 65 jurisdictions in the Los Angeles, Orange County and San Diego areas
• Managed the jurisdictional submittal and approval process for 125 small cell wireless facilities in multiple cities throughout the Palos Verdes Peninsula
• Was responsible for the use of funds for permitting related costs for projects with operating budgets between $750,000 and $1.5 Million
• Analyzed how project deployments were impacted by both jurisdictional permitting timelines and costs by providing jurisdictional strategy reports to Crown Castle market management • Managed Crown Castle employees who were part of the local permitting team in the preparation and submittal of discretionary review type applications for small cell wireless facilit ies • Provided jurisdictional insight to Crown Castle team members during the design phase of projects; reviewed small cell wireless facility designs and applications for T-Mobile, Sprint, Verizon and AT&T projects in Los Angeles, Orange, and San Diego counties • Teamed up with the Crown Castle Product Management & Development team in the design of alternative equipment configurations for small cell wireless facilities • Organized construction of small cell wireless facilities by coordinating construction activities with both internal construction managers and external contractors • Provided input to dozens of jurisdictions in the establishment of small cell wireless facilit y design guidelines and ordinances as an industry reference point • Presented proposed small cell wireless facilities to planning commissions and city councils as part of the discretionary review process in such cities as Costa Mesa, Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills, Laguna Beach, El Monte, Norwalk, and Torrance • Assisted with the legal mediation and settlement between Crown Castle and the City of Torrance that resulted in the discretionary approval of small cell wireless facilities for Crown Castle • Permitted multiple small cell wireless facilities as part of an existing settlement agreement between a local municipality and Crown Castle
• Trained fellow team members and managers in various telecommunications database tools • Hosted weekly meetings with functional team members to discuss current project statuses • Provided weekly project reports and updates to regional leadership including district Vice Presidents
• Grew business relationships with city staff at various levels (public works , planning, department heads) at jurisdictions in order to streamline Crown Castle’s permitting efforts • Provided informational sessions and town halls on both telecommunication design s and customer demand during city wireless ordinance developments
• Worked with multiple cities in the development of master license agreements in Los Angeles an d
Orange County for both fiber optics and small cell wireless facility deployments
Crown Castle Fiber LLC, Irvine, CA
Project Coordinator – Implementation Feb 2013 - Jan 2016
• Led a cross-functional team as project coordinator for 750 constructed small cell wireless facilities throughout the Southern California market
• Managed project life cycles from contract execution to project completion in both internal and 311
external databases with a budget of over $2.5 Million
• Led database training seminars for local market teams, regional management, and the national implementation team
• Managed and processed all invoices, purchase orders, and budgets through financial systems • Developed working relationships with contractors and engineering firms by working closely with them throughout the construction of small cell wireless facilities • Created weekly meetings to review both financial and construction related issues • Implemented a region wide program for Network Operations acceptance of newly constructed small cell wireless facilities
EDUCATION
San Diego State University, San Diego, CA June 2010 Bachelor of Science in Business Administration, Emphasis in Marketing, School of Business 312
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Q1
Full Name:
Jennifer Doane
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I have lived in Costa Mesa for 16 years. I bought my first house here and raising a family here. I want to know I did what I could to make my community better. I have been in the construction industry for 30 years and have worked on a variety of projects from residential to ground-up. I feel this puts me in a unique position to help shape our community.
Q4
As a Commission member, what ideas or projects are of interest to you? I don't have one particular interest or project. I know how one project can affect a community. My goal would be to review each project objectively and use my experience to make the best possible decision for our community.
Q5
Optional Resume:
Respondent skipped this question
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Collector: Web Link 1 ( Web Link)
Started: Thursday, July 20, 2023 9:01:44 AM
Last Modified: Thursday, July 20, 2023 1:26:21 PM Time Spent: 04:24:37
IP Address: 67.53.120.222
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Q1
Full Name:
Jose Gomez
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I am very interested in the happenings of my community and I wish to serve to give myself and my fellow residents of my neighborhood and city a voice on the commission. Some of the qualifications I have is working with CMFBS (Costa Mesa For Better Streets), Newport Sunrise Rotary, and have interned/worked with many Costa Mesa political figures.
Q4
As a Commission member, what ideas or projects are of interest to you? I am very interested in projects that concern walkability in our city as I am a big advocate of walkability. I am also just generally interested in any projects or ideas that affect my neighborhood as well as my city in general.
Q5
Optional Resume:
Respondent skipped this question
# 5
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Collector: Web Link 1 ( Web Link)
Started: Sunday, July 09, 2023 9:25:43 AM
Last Modified: Sunday, July 09, 2023 10:03:54 AM Time Spent: 00:38:11
IP Address: 107.184.168.71
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City of Costa Mesa Application for Commission
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Q1
Full Name:
Wyatt Lin
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
1. Passion for local community: I have a deep-rooted passion for Costa Mesa and a genuine desire to contribute to its growth and development. Serving on the Planning Commission allows me to actively participate in shaping the city's future and ensuring its long- term success.
2. Knowledge of local issues: Being familiar with the unique challenges, opportunities, and needs of Costa Mesa gives me valuable insight as a Planning Commission member. My understanding of the local context can help make informed decisions that align with the community's vision and goals.
3. Professional expertise: I have professional experience in fields such as urban planning, architecture, real estate development, environmental sustainability, or law, you can bring specialized knowledge to the Commission. My expertise can contribute to evaluating development proposals, assessing their impact, and ensuring compliance with relevant regulations and standards.
4. Analytical and problem-solving skills: The Planning Commission deals with complex issues that require careful analysis and problem-solving. My ability to critically evaluate proposals, analyze data, and consider the long-term consequences of development decisions will be valuable in making informed recommendations # 9
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Collector: Web Link 1 ( Web Link)
Started: Tuesday, July 18, 2023 9:59:47 AM
Last Modified: Tuesday, July 18, 2023 10:07:54 AM Time Spent: 00:08:07
IP Address: 73.71.136.252
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Q4
As a Commission member, what ideas or projects are of interest to you? Sustainable Development: Promoting environmentally sustainable practices within the city can be a key focus. I am interested in initiatives such as incorporating green building standards, encouraging renewable energy adoption, promoting efficient land use, and enhancing recycling and waste management systems. Implementing sustainable development practices can not only benefit the environment but also contribute to the long-term resilience and livability of Costa Mesa.
Community Revitalization: Initiating projects that revitalize neighborhoods, enhance public spaces, and promote community engagement can be fulfilling. This could involve supporting initiatives such as creating parks and recreational areas, improving pedestrian and cycling infrastructure, revitalizing underutilized spaces, and encouraging local businesses. By fostering vibrant and inclusive communities, you can help strengthen social bonds and improve the overall quality of life for Costa Mesa residents.
Affordable Housing: Addressing the need for affordable housing can be a pressing concern in many communities, including Costa Mesa. I am interested in exploring strategies to increase the availability of affordable housing options, promote mixed-income developments, and support initiatives that address homelessness. Finding innovative solutions and collaborating with stakeholders can help ensure that Costa Mesa remains an accessible and inclusive place to live for people of diverse socioeconomic backgrounds.
Q5
Optional Resume:
WL%20Resume%20CM%20planning.doc (54.5KB)
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.
However, this information is still subject to release pursuant to the California Public Records Act. Once appointed, Commission members must complete an Oath of Allegiance, administered by the City Clerk, required by Article XX, Section 3, of the Constitution of the State of California.
Name: Wyatt Lin
Address:
City/Town:
ZIP/Postal Code:
Email Address:
Phone (cell):
Q7
Signature Required:
By checking this box and typing my name below, I am
electronically signing my application.
Q8
Full Name:
Wyatt Lin
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Wyatt Lin
EXPERIENCE
Fretted Cat Inc. Costa Mesa, CA
Real Estate Consultant and Licensed California Real Estate Broker 3/2008 to present • Advised clients on real estate investment opportunities, including property acquisition, leasing and management, and commercial loan financing.
• Conducted market research and analysis to identify value-added real estate opportunities. • Negotiated and closed deals with property owners, landlords, and tenants. • Collaborated with property management and leasing teams to ensure maximum returns on investments. • Conducted financial/fiscal analysis and prepared grant submissions for various SF social equity grant recipients. • Monitored complex grant programs and ensured compliance with grant requirements.
Sterling Bank & Trust San Francisco, CA
First Vice-President of Commercial Real Estate 8/2006 to 2/2008 Underwrote and participated commercial real estate loans • Perform underwriting on commercial real estate and construction loans in Northern and Southern California. • Maintained and reviewed a portfolio of commercial real estate loans for structural analysis and credit risk rating. • Developed relationships with a network of Bay Area banks to co-lend on TIC and commercial real estate properties. • Sold $20MM of construction real estate loans to smaller banks whereby receiving a 0.25% servicing fee premium.
United Commercial Bank San Francisco, CA
Vice-President of Commercial Real Estate 1/2004 to 7/2006 Underwrote and participated commercial real estate loans • Underwrote over $100MM real estate loans in Northern & Southern California • Performed cash flow valuation analysis on real estate properties and middle-market companies for debt service coverage ratios and leverage scenarios (LTV) other key financial ratios (A/R). • Researched California real estate markets and other small manufacturing outsourcing export companies for critical success factors and key revenue growth drivers.
Vista Investments San Diego, CA
Vice-President of Real Estate Acquisitions 1/1997 to 8/2001 • Responsible for sourcing and executing acquisitions of retail shopping centers and apartment buildings. • Active in all aspects of investment process including evaluating investment opportunities, conducting due diligence, determining appropriate valuation and capital structure, and preparing internal investment memorandums. • Acquired $20MM portfolio of retail shopping centers from a REO division of United National Bank at 40% discount. • Refinanced $55MM in multi-family loans from 9.50% to 7.00%, resulting in annual interest savings of $200K.
Bankers Trust Los Angeles, CA
Financial Analyst (M&A and Real Estate) 5/1993 to 12/1996 Active Member in numerous transactions ranging from $20MM to $300MM for retail and industrial properties. • Worked on leverage buyouts for financial sponsors considering potential acquisitions. Performed extensive due diligence and financial statement analysis including development of leveraged DCF model analysis, leveraged ratio analysis, and interest coverage ratio analysis.
• Analyzed proposed transactions based on pro forma/ projection modeling, optimal capital structure analysis, comparable mezzanine debt transactions and strategic considerations. • Conducted demographic research, identified key credit risks and strengths, and drafted internal screening memorandums and capital commitment memorandums for potential transactions.
EDUCATION
University of Southern California, Marshall School of Business Los Angeles, CA Master of Business Administration: Real Estate Finance
University of Pennsylvania, Wharton School of Business Philadelphia, PA Bachelor of Science, Major: Real Estate Finance & Accounting 317
City of Costa Mesa Application for Commission
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Q1
Full Name:
Hengameh Abraham
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
As the advisory board to the City Council on all planning and development issues I would provide an honest and effective point of view given my experience in helping with various city projects since 2021.
I will assure that the general plan is implemented by reviewing development applications on a case-by-case basis without any bias or personal interest.
Q4
As a Commission member, what ideas or projects are of interest to you? My main area of interest would be reviewing applications for businesses and making sure our city is always flourishing in helping their businesses.
Q5
Optional Resume:
20230705_181403_0000.PDF (733.4KB)
# 1
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Collector: Web Link 1 ( Web Link)
Started: Wednesday, July 05, 2023 5:58:19 PM
Last Modified: Wednesday, July 05, 2023 6:15:00 PM Time Spent: 00:16:41
IP Address: 166.199.151.4
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Q1
Full Name:
Donita Culbertson
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I am very concerned with the trajectory of my city and I'd like to provide solutions and listen to citizens with their thoughts.
Q4
As a Commission member, what ideas or projects are of interest to you? Small business mainly....But also anything that will help us make our city safer and more prosperous.
Q5
Optional Resume:
Respondent skipped this question
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Collector: Web Link 1 ( Web Link)
Started: Monday, July 17, 2023 11:30:26 AM
Last Modified: Monday, July 17, 2023 11:34:13 AM Time Spent: 00:03:46
IP Address: 70.224.65.41
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Q1
Full Name:
Shayanne Wright
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
# 10
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Collector: Web Link 1 ( Web Link)
Started: Monday, July 17, 2023 4:28:58 PM
Last Modified: Tuesday, July 18, 2023 12:21:36 PM Time Spent: 19:52:38
IP Address: 172.116.150.130
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Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I have a deep Community Service, Project Management, and Entrepreneurship background. Combined with my public service experience, I believe I am the best candidate to serve on the Planning Commission.
My local government career began in 2022 when I ran for the Mesa Water Board. I garnered support from local grassroots organizations to county and statewide groups, but more importantly, I connected with approximately 2,000 Costa Mesa residents on the campaign trail.
We discussed overlooked local issues like transparency, community engagement, and public services. From there, I implemented a multi-channel campaign through in-person events, digital campaigns, and print communications, which resonated with thousands of voters.
During my ongoing tenure on the Parks and Community Services Commission, I have had the privilege of overseeing various projects, including facilitating public input on our successful community gardens and providing feedback on substantial initiatives such as the $15 million in Capital Improvement Projects. What fills me with immense pride is the active engagement I fostered through social media, gathering invaluable community requests and recommendations, which assisted me in shaping our Commission recommendations to Council.
Throughout my time on PACS, I have honed my skills in navigating contentious discussions around priorities, offering constructive feedback on project management, and maintaining an objective and open-minded approach to address the ever-evolving needs of our community.
My time serving on the PACS commission has reaffirmed my possession of the necessary interpersonal and intellectual skills to excel as a strong Commissioner and instilled a deep sense of motivation in me that this work is impactful and contributes to positive change in our city.
In addition, I am a local business owner and run a software company called Office Otter. As the CEO of Office Otter, I wear many hats and lead a small team through product development, investor relations, customer success, marketing, and sales.
Alongside my work at
Office Otter, I offer consulting services to early-stage founders, providing expertise in product management, customer research, financial planning, and venture capital fundraising. One of the companies I consult for is a Costa Mesa-based clothing and e- commerce brand, where I serve as the CFO. There, I maintain our financial infrastructure and coordinate day-to-day finances and operations.
As a business owner and consultant to other local businesses, I understand the challenges and opportunities that small businesses face in today's ever-changing landscape. This experience gives me insight into local entrepreneurs’ daily struggles, financial concerns, and regulatory hurdles.
This unique perspective would undoubtedly make me a robust Planning Commissioner, as I can empathize with the needs and aspirations of small business owners while making informed decisions that promote the health, safety, and well-being of our residents.
In my volunteer capacity, I hold the position of Vice Chair at the Costa Mesa Democratic Club, actively contributing to its mission and initiatives. Additionally, as a proud member of the 2023 Planning Committee for Love Costa Mesa Day, I assumed the role of business sponsor, securing support from local businesses for the event. I successfully garnered over $60k in donations for the event and introduced Love Costa Mesa Day to numerous first-time local business sponsors.
I am also involved in mentorship and advisory roles through organizations like the Save Our Youth Center and the Women's Startup Lab. Within these organizations, I have had the opportunity to mentor and provide guidance to young women and female founders. I 322
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have spent most of my career working to advance women in STEM, a topic I am very passionate about. I have led training programs and boot camps for Female Founders, conducted research initiatives for empowering predominantly female portions of the workforce, and led keynotes globally on how we can uplift underrepresented groups in the private and public sectors, including in government and politics.
I believe these roles have well-prepared me to be a Commissioner, where I can deliver effectively on project evaluation, oversee collaboration between staff and residents, and uphold our government to the highest standards of integrity and creative problem- solving. In addition, I have firsthand experience in bettering systems from within through a data-driven approach and forging a path of accessibility to include all community stakeholders in important decisions. 323
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Q4
As a Commission member, what ideas or projects are of interest to you? 324
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Over the past eight months, I have watched every Planning Commission meeting in person or through Youtube. The experience has been truly eye-opening, as I have become thoroughly acquainted with the various types of applications Planning regularly encounters, such as Measure Q and X applications, the Housing Element and reporting to HCD, small lot subdivisions, the Inclusionary Housing Ordinance discussions, the Pedestrian Master Plan, settling neighbors' privacy disputes regarding windows, General Plan language change recommendations, and much more. In doing this, I have gained a comprehensive understanding of the critical findings that fall within the commission's purview, challenging my ability to remain objective while identifying areas for improvement. This deep dive into the role’s responsibilities has been invigorating, and I appreciate the commission's focused scope. Along this journey, I have gleaned invaluable insights from observing fellow Planning Commissioners, further fueling my passion for city planning, design, and policy.
Regarding projects, I am interested in the rezoning of our main corridors and upcoming housing initiatives such as the successful implementation of Measure K and the forthcoming acquisition of the FDC and community-input phase(s). I believe providing a wider variety of housing options for residents of different income levels is essential. I like the vision of adopting multi-use zoning to create vibrant neighborhoods with convenient access to retail and essential services. In tandem, I am passionate about protecting and expanding park and green spaces in these areas and continue identifying opportunities for equalizing park access for all residents.
As a local business owner, I am deeply committed to supporting small businesses in our city. As a Planning Commissioner, I would aim to make responsible decisions that protect local businesses from gentrification and displacement and to work collaboratively with City Council. I understand the challenges that small businesses face, having experienced them firsthand, and I believe in advocating for support and finding solutions to help them thrive amidst external pressures and economic changes.
I am also passionate about promoting active transportation, walkability, and bike-ability in Costa Mesa. We can design our city to better prioritize interconnectedness and safe travel routes for pedestrians, cyclists, and people with disabilities within project sites and adjacent areas. I will advocate for incorporating bicycle infrastructure and strengthening public transportation options to encourage alternative modes of transportation and reduce emissions and traffic congestion. I find immense inspiration in the dedication and efforts of our Active Transportation Committee and grassroots organizations like CMABS, and I eagerly anticipate collaborating with them. Additionally, I think it’s important for Commissioners to attend community input meetings in the future to hear from residents and show our support for the future transportation projects that are to come.
While cannabis dispensary approval processes may not be my most immense interest, I am fully aware that it is a significant aspect of the role of a Planning Commissioner. I am committed to approaching these evaluations objectively, dedicating myself to refining and participating in the decision-making process fairly and unbiasedly.
More than a specific project, I am focused on bettering our processes and systems within the Planning Commission. In my career, I have worked with organizations of all sizes to streamline their processes and increase their digital accessibility to customers. For Planning, this includes optimizing our residents’ experience, from participating in community feedback to public safety issues and even something as small as requesting permits.
I would like to see an increase in community engagement and input on all of these topics. As I learned in my campaign, it is not that city staff are not doing enough for residents, but rather residents are unaware of all that is available to them. Commissioners should always look for innovative ways to improve the quality of life for our residents and be proactive in including them in what we do.
More important than my interest in any specific topic, as a potential Planning Commissioner, I believe I possess several rare qualities that would make me highly effective in the role. My objective and emotionally mature demeanor enable me to make well-informed decisions while considering the community’s needs and my fellow commissioners’ opinions. I am a fast learner, already well-versed in the role's responsibilities and existing codes, and my open-mindedness allows me to approach new challenges with adaptability and enthusiasm. Additionally, I will work diligently to ensure that I can make you proud in my role as your Planning Commissioner. “I would like to be remembered as someone who used whatever talent she had to do her work to the very best of her ability.” -Ruth Bader Ginsburg
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Q1
Full Name:
John Raymond Razzano
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
# 11
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Collector: Web Link 1 ( Web Link)
Started: Tuesday, July 18, 2023 1:53:30 PM
Last Modified: Tuesday, July 18, 2023 4:00:28 PM Time Spent: 02:06:58
IP Address: 199.227.59.82
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Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I am writing to express my strong interest in serving on the Costa Mesa Planning Commission. The opportunity to contribute to the long-term growth and development of our community is both exciting and meaningful to me. While my background may differ from traditional urban planning, I believe that my analytical skills and qualifications can bring a unique perspective to the commission.
With my educational background in aerospace engineering and an MBA, I have developed a strong foundation in critical thinking, problem-solving, and data analysis. These skills are highly transferable to the field of urban planning, where complex issues require careful analysis and evidence-based decision-making. I am confident that my ability to assess information, identify trends, and evaluate potential impacts will be valuable assets in addressing the diverse challenges faced by the Planning Commission.
In my professional career, I have honed my analytical skills through various projects and responsibilities. As an aerospace engineer, I have dealt with intricate systems that require meticulous attention to detail and a comprehensive understanding of technical specifications. This experience has equipped me with the ability to comprehend complex information, navigate through intricate regulations, and make sound judgments based on available data.
Furthermore, my MBA education has provided me with a broad understanding of business principles, including financial analysis, risk management, and strategic planning. These skills can contribute to the commission's work in evaluating development proposals, assessing their financial feasibility, and ensuring alignment with the city's long-term vision.
While my background may not be conventional for a Planning Commission applicant, I firmly believe that my analytical mindset, problem-solving abilities, and dedication to community service make me a strong candidate. I am eager to apply my skills and contribute to the commission's efforts in making informed recommendations on planning applications and policy matters.
I am committed to serving the community and investing the necessary time and effort to fulfill the responsibilities of a Planning Commissioner. I recognize the significance of this position and the impact it can have on shaping the future of Costa Mesa. I am excited about the opportunity to work alongside fellow commissioners and collaborate with the City Council to ensure sustainable growth and the well-being of our community.
Thank you for considering my application. I would be happy to provide additional information or discuss any further qualifications that may be relevant to the commission's work.
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Q4
As a Commission member, what ideas or projects are of interest to you? As a Commission member, several ideas and projects are of great interest to me. These include:
1. Adapting to the Impact of Measure K: I am particularly interested in addressing the impacts and opportunities presented by Measure K. I believe it is crucial to understand how this measure affects the city's development potential, infrastructure requirements, and overall community well-being. Collaborating with city officials, stakeholders, and residents, I would work towards finding innovative solutions that align with Measure K's objectives while ensuring responsible growth and development in Costa Mesa.
2. Planning with Respect to the OC Fairgrounds: The OC Fairgrounds hold significant importance as a community asset and an economic driver. I am keen on actively participating in discussions and planning processes related to the fairgrounds. This includes exploring opportunities to enhance its facilities, programming, and community engagement while carefully considering the fairgrounds' impact on traffic, nearby neighborhoods, and environmental sustainability. I believe in fostering partnerships with fairground management, neighboring cities, and community organizations to create a comprehensive and forward-thinking vision for the fairgrounds' future.
3. Maintaining Public Spaces: I strongly believe in the value of well-maintained public spaces as vital community assets. Costa Mesa's parks, green spaces, and recreational areas contribute to residents' quality of life and promote a sense of belonging. As a Commission member, I would prioritize the preservation, enhancement, and equitable distribution of public spaces throughout the city.
This would involve collaborating with city departments, community organizations, and residents to ensure proper maintenance, accessibility, and programming that caters to the diverse needs and interests of Costa Mesa's population.
4. Responsibly Meeting the State's Expectation of Additional Housing: California's ongoing housing crisis presents both challenges and opportunities for Costa Mesa. I am deeply interested in addressing this issue by facilitating responsible and sustainable housing development in the city. I believe in striking a balance between meeting the state's expectations for increased housing supply while preserving the unique character of Costa Mesa and protecting the interests of existing residents. Through thoughtful land use planning, community engagement, and incentivizing affordable housing, I aim to contribute to the city's efforts in providing diverse housing options for all income levels.
In summary, my interests as a Commission member revolve around effectively managing the impact of Measure K, planning with respect to the OC Fairgrounds, maintaining and enhancing public spaces, and responsibly meeting the state's housing expectations.
These projects align with my vision of a vibrant, inclusive, and sustainable Costa Mesa, and I am eager to contribute my skills, knowledge, and dedication to their successful implementation.
Q5
Optional Resume:
Respondent skipped this question
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City of Costa Mesa Application for Commission
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Q1
Full Name:
Lindsay Hezmalhalch
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
As a Commission member, I am particularly interested in projects and initiatives that prioritize responsible and sustainable development, enhance public spaces, and foster community engagement. Smart growth and mixed-use development hold significant appeal, as they can create vibrant neighborhoods and reduce commuting while promoting a more interconnected city. Additionally, I am keen on supporting affordable housing initiatives that cater to the diverse needs of our residents.
Sustainability is a critical aspect of my interest, and I advocate for projects that incorporate green infrastructure and energy-efficient practices. Transit-oriented development is also a priority, as it can alleviate traffic congestion and improve accessibility to public transportation.
Preserving Costa Mesa's rich history through historic preservation efforts is another area of focus for me, ensuring our city's unique character remains intact. Ultimately, I am committed to engaging with the community, seeking feedback, and collaborating with stakeholders to make well-informed decisions that benefit the entire city. My goal is to contribute my experience in real estate development and passion for placemaking to create a thriving, sustainable, and inclusive Costa Mesa for the present and future generations.
# 14
C OMPLETE
Collector: Web Link 1 ( Web Link)
Started: Thursday, July 20, 2023 12:09:58 PM
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IP Address: 216.194.106.230
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Q4
As a Commission member, what ideas or projects are of interest to you? As a Commission member for the city of Costa Mesa, several ideas and projects are of great interest to me. These initiatives align with my background in real estate development and my passion for placemaking, aiming to enhance the city's overall livability, sustainability, and community engagement. Some key ideas and projects that pique my interest include smart growth and mixed-use development, public space enhancements, affordable housing initiatives, sustainable development, transit-oriented development, community engagement and collaboration, historic preservation, and inclusive and accessible design.
Q5
Optional Resume:
Resume-Lindsay-Hezmalhalch%20(1).pdf (453.7KB)
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.
However, this information is still subject to release pursuant to the California Public Records Act. Once appointed, Commission members must complete an Oath of Allegiance, administered by the City Clerk, required by Article XX, Section 3, of the Constitution of the State of California.
Name: Lindsay Hezmalhalch
Address:
Address 2:
City/Town:
ZIP/Postal Code:
Email Address:
Phone (cell):
Q7
Signature Required:
By checking this box and typing my name below, I am
electronically signing my application.
Q8
Full Name:
Lindsay Hezmalhalch
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331
Skills
Microsoft Office • Customer Service • Microsoft Excel • Management • Microsoft Word • PowerPoint • Public Speaking • Research • Project Management • Leadership Lindsay Hezmalhalch - page 2 332
City of Costa Mesa Application for Commission
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Q1
Full Name:
Phil Palisoul
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I am interested in being appointed to the Planning Commission of Costa Mesa. I have been a resident of Costa Mesa for over 13 years, and I am a father of two. I am passionate about our city, and I believe that my years of experience in development and construction would make me a valuable asset to the Planning Commission.
I have worked in the development and construction industry for over 15 years. During that time, I have worked on a variety of projects, including commercial, residential, and mixed-use developments. I have a deep understanding of the planning process, and I am familiar with the challenges and opportunities facing our city.
I am also a strong advocate for smart growth. I believe that Costa Mesa should continue to grow, but in a way that is sustainable and that preserves our quality of life. I am committed to working with the community to create a plan for our city's future that meets the needs of our residents, businesses, and visitors.
As a father of two, I am concerned about the quality of life for my children and future generations. I believe that Costa Mesa has a responsibility to be a leader in sustainability. I am committed to working with the Planning Commission to develop policies that will help us create more green areas, improve air quality, and create a more livable city for everyone.
I am confident that I have the skills and experience necessary to serve on the Planning Commission. I am a hard worker, and I am dedicated to public service. I am also a good listener, and I am always willing to consider different perspectives.
I am writing to ask for your support in my appointment to the Planning Commission. I believe that I can make a positive contribution to our city, and I am eager to work with you to ensure that Costa Mesa remains a desirable place to live for generations to come. # 15
C OMPLETE
Collector: Web Link 1 ( Web Link)
Started: Thursday, July 20, 2023 3:01:32 PM
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IP Address: 209.198.211.126
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Q4
As a Commission member, what ideas or projects are of interest to you? Encourage the development of mixed-use zoning. This would allow for the development of housing, businesses, and other amenities in the same area. This would make it easier for people to live, work, and play in the same neighborhood, which would reduce traffic and make it easier for people to access the things they need.
Create more quality affordable housing units. This could be done by requiring developers to include a certain percentage of affordable units in new housing projects, or by providing subsidies to developers who build quality affordable housing.
Invest in public transportation. This would make it easier for people to get around without a car, which would reduce traffic and make it easier for people to access amenities that are not within walking distance.
Promote walkability. This could be done by making sure that streets are safe and walkable, and by providing more sidewalks and crosswalks.
Q5
Optional Resume:
PhilPalisoulResumeJuly2023.docx (39.9KB)
Q6
Contact Information:Note: This contact information will not be posted on the City's website or distributed to the public.
However, this information is still subject to release pursuant to the California Public Records Act. Once appointed, Commission members must complete an Oath of Allegiance, administered by the City Clerk, required by Article XX, Section 3, of the Constitution of the State of California.
Name: Phil Palisoul
Address:
City/Town:
ZIP/Postal Code:
Email Address:
Phone (cell):
Q7
Signature Required:
By checking this box and typing my name below, I am
electronically signing my application.
Q8
Full Name:
Philip Richard Palisoul II
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PHIL R. PALISOUL
458 Flower Street – Costa Mesa CA 92687 • [email protected] • 949-887-2954
EXPERIENCED BUSINESS DEVELOPMENT
AND PROJECT MANAGE R
PROFESSIONAL EXPERIENCE
Director, Development and Projects
Omnia Pacific Construction, Orange, CA http://www.omniapacific.com April 2019 to Present • Increase sales from $200,000 to over $1.9 million in multi-family/retail/office projects • Develop marketing strategy with Executive Team for company moving forward • Create new relationships and foster existing relationships to drive sales • Work with company President to identify new business opportunities and revenue streams • Manage all projects from bid to completion to ensure satisfied clients and to create future opportunities • Attend (in person and virtual) industry events as primary representative for company Project Manager
Jones Lang LaSalle, Irvine, CA http://www.jll.com/ March 2018 to April 2019 • Manage multiple retail location developments throughout Southern California from project kickoff to close out • Coordinate tenant improvement projects including selection of contractors at Manhattan Village Shopping Center • Lead multiple construction teams to complete concurrent tenant improvement projects and new construction projects • Develop project construction budgets and schedules to maximize profitability and pace of work • Maintain excellent relationships between vendors, key stakeholders and the client Managing Director/COO
Gen Next, Newport Beach CA http://www.gennext.com November 2013 to March 2018 Director level Manager overseeing remote team of Regional Directors focus on expansion across United States • Directly responsible for increasing membership buy-in of C level executives into organization nationwide • Responsible for routine updating and presentations to Board of Directors and key stakeholders • Project Management in efficiency changes such as complete rollout of Salesforce CRM Senior Project Manager
Craig Realty Group, Newport Beach CA http://www.craigrealtygroup.com/ January 2011 to November 2013 Managed large expansion and development projects for Off-Price Retail Centers • Budgeted complete project – developed, monitored and controlled all budget aspects • Managed entitlement process – worked to get all necessary permits and government approvals for zoning and municipalities
• Redeveloped and managed bid process for new construction projects including negotiations with General Contractors • Project List: Woodburn Phase Four Development 78,000sf, Citadel Phase Four 60,000sf., preplanning and entitlement for Outlets at San Clemente, entitlement for Cabazon
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Project Manager
Craig Realty Group, Newport Beach CA http://www.craigrealtygroup.com/ March 2008 to January 2011 Off-Price Retail Center Project Management and Development • Tenant improvement and property management
• Managed various construction projects on site with subcontractors including roofing, fire and safety systems, parking lot replacements, etc.
• Analyzed all bids and negotiated contracts with contractors on all projects • Project List: Managed leasing and tenant improvement for Green River property with 20 tenant spaces and approximately 176,000sf, Citadel Phase Three 77,000sf.
Construction Department Assistant
Craig Realty Group, Newport Beach CA http://www.craigrealtygroup.com/ 2006 to March 2008 Off-Price Retail Center Construction Assistant
• Effectively managed multiple retail and industrial centers including negotiating and writing leases • Signage review and approvals
• Streamlined the bidding process to ensure more accurate hard bids and to meet budget targets
EDUCATION
Master’s Degree in Business Administration, University of California at Irvine 2009 • Marketing Project Leader: Verizon Wireless Integration Project: created the sales consolidation and implementation plan • Advanced Coursework included: Project Management in a Changing Culture, Organizational Development, Technology in Project Management, Sustaining Output Methodology and Statistical Methodology in Project Management
Bachelor of Arts Degree in International Relations, University of California at San Diego 2003 • Captain of the Men’s Varsity Crew Team
CONTINUING EDUCATION PRESENT • Project Management Professional Certification (in progress), Project Management Institute o http://www.pmi.org/Certification
VOLUNTEER WORK
Salvation Army, www.salvationarmy.org - collection of food for families in need Toys for Tots, www.toysfortots.org - collection of Christmas gifts for families in need
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Q1
Full Name:
Noel D Perkins
Q2
Indicate the name of the Commission you are interested in serving on:
Planning Commission
Q3
Indicate why you wish to serve on this Commission. Provide any experience or qualifications you may possess that you think would be beneficial to this Commission. A resume (optional) may be attached.
I am a lifelong costa mesa resident, with a background in public safety who would like to serve my community and see it move forward Q4
As a Commission member, what ideas or projects are of interest to you? I feel costa mesa is and has always been a unique community, but it needs a general plan that will keep its uniqueness while serving all its citizens, as well as helping to encourage a thriving economy Q5
Optional Resume:
Respondent skipped this question
# 17
C OMPLETE
Collector: Web Link 1 ( Web Link)
Started: Thursday, July 20, 2023 4:19:41 PM
Last Modified: Thursday, July 20, 2023 4:25:35 PM Time Spent: 00:05:53
IP Address: 104.178.238.218
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1327 Meeting Date: 8/1/2023
TITLE:
GENERAL PLAN SCREENING REQUEST (GPS-23-03) FOR A PROPOSED RESIDENTIAL DEVELOPMENT ON A 14.25 ACRE SITE LOCATED AT 3333 SUSAN AVENUE (“HIVE LIVE”) DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES
DEPARTMENT/PLANNING DIVISION
PRESENTED BY: CHRIS YEAGER, ASSOCIATE PLANNER
CONTACT INFORMATION: CHRIS YEAGER, ASSOCIATE PLANNER, (714) 754-4883 RECOMMENDATION:
Staff recommends 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”).
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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 23-1327 Meeting Date: 8/01/2023
TITLE: GENERAL PLAN SCREENING REQUEST (GPS-23-03) FOR A PROPOSED RESIDENTIAL DEVELOPMENT ON A 14.25 ACRE SITE LOCATED AT 3333 SUSAN AVENUE (“HIVE LIVE”)
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING
DIVISION
PRESENTED BY: CHRIS YEAGER, ASSOCIATE PLANNER
CONTACT INFORMATION: CHRIS YEAGER, ASSOCIATE PLANNER, 714-754-4883
RECOMMENDATION:
Staff recommends 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”).
BACKGROUND:
The General Plan Screening (GPS) is the first step to start the process of a General Plan Amendment for the Hive Live project. The subject request would also include a North Costa Mesa Specific Plan (NCMSP) Amendment, Zone Change, a Development Agreement amendment, Master Plan, and a Tentative Parcel Map.
City Council Policy 500 -2 establishes a procedure for processing privately -initiated General Plan amendments. This procedure involves a City Council screening of these requests prior to their acceptance for formal processing. The General Plan Screening is not a public hearing but requires a the City Council to direct staff to either proceed with processing of the application or to return materials to the applicant and refund the application fee . If allowed to proceed, the applicant will prepare a full project submittal which will be reviewed by the Planning Commission for a recommendation to the City Council, which is the final review authority.
PROJECT SITE
The project site, located at 3333 Susan Street, is the current location of the “Hive”, which is a 172,176- square-foot creative office space campus that was constructed in the early 2000’s. The property is bounded by Sunflower Avenue to the north, Susan Street to the east, South Coast Drive to the South, and the Rail Trail and the Anduril headquarters to the west. The site is zoned “Planned Development Industrial” (PDI), has a General Plan Land Use Designation of “Industrial Park”, and is located within the NCMSP boundary - Specific Plan Area 1: Home Ranch.
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Surrounding developments include the And uril headquarters to the west, the Ikea home furnishing retail store to the south (across South Coast Drive), industrial office development to the north, and the Automobile Club of Southern California (AAA) parking lot (across Susan Street) and a gated residential community with a mixture of multifamily and single-family dwellings to the east (Providence Park). The site is situated generally in the northwest portion of the City, north of the I-405 Freeway.
The project site is currently developed with three office buildings (totaling approximately 172,000 square feet) and a professional NFL team practice field. The buildings are occupied by the following tenants:
Table 1 – Currently Occupied Suites
The 2015-2035 General Plan, which was approved in 2016, designates the project site as Industrial Park. The project site is regulated by the North Costa Mesa Specific Plan , and the maximum development potential for this site and surrounding area is limited by various approved development agreements.
The City adopted the 6 th Cycle Housing Element on November 15, 2022. The Chargers training field portion of the project site was identified as a candidate housing opportunity site in the 6th Cycle Housing Element. Pursuant to the recently adopted Housing Element, this site was estimated for up to 90 dwelling units per acre.
Image 1, below, shows the location of Specific Plan Area 1, Home Ranch. The location is north of the 405 freeway, generally between Fairview Road and Harbor Boulevard. The highlighted portion of the map, shows the location of the subject site in relation to the rest of the Home Ranch subarea, in purple.
Prior to the current development, the land was used for agricultural purposes.
Tenant Suite Size Lease Expiration
3333 Susan Street
Chargers 100 101,325 04/30/2028
3335 Susan Street
Chargers 150 1,037 04/30/2028
Chargers 225 3,478 04/30/2028
Steelwave 250 4,432 12/31/2024
Agility Fuel Systems 100 12,072 11/30/2025
Lost Bean Café 1,500 7/31/2027
3337 Susan Street
Lazy Dog 100 13,901 05/31/2026
Anduril 150 4,924 04/30/2029
TRS Staffing 175 3,327 11/30/2024
Casanova Pendrill 200 13,877 06/30/2027
Legacy Partners 250 3,500 12/31/2028
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Item #: 23-1327 Meeting Date: 8/01/2023
Image 1 – Location of Specific Plan Area 1, Home Ranch
SITE HISTORY
The North Costa Mesa Specific Plan was adopted by City Council in July of 1994. Since its adoption, there have been several amendments to the plan that modified the development potential on the project site, including:
On November 19, 2001, City Council approved a General Plan Amendment and North Costa Mesa Specific Plan Amendment to designate the subject property as an industrial site within Specific Plan Area 1, Home Ranch. Prior to the 2001 General Plan Amendment, the site was designated as Medium Density Residential;
On December 3, 2001, City Council approved Development Agreement (DA) DA-00-01 which provided a vested right to carry out and complete the Home Ranch project within all subareas in accordance with the provisions of the NCMSP and Zoning Code. The DA reflected a maximum 0.40 FAR for the subject site and other development standards established in the NCMSP as shown in table 2 below. In addition, the DA included community benefits including circulation improvements in accordance to the General Plan, vari ous site access improvements, intersection improvements, an offramp from the 405 freeway to Susan Street, the preservation of cultural resources, funding educational and athletics programs, and the provision of funding for a new fire station . Ikea was deve loped in subarea A and Providence 341
Item #: 23-1327 Meeting Date: 8/01/2023
Park was developed in subarea D. Subarea B (office) remains undeveloped and is in agricultural use. Subarea C is the subject site;
On October 7, 2002, City Council Adopted Resolution No. 02 -76, approving Master Plan PA - 02-34 for the construction of three buildings at the subject site. (A Master Plan is required for approval of a specific project on property located within the North Costa Mesa Specific Plan).
These buildings began construction in 2003 and remain on the property today; and
In June 2008, the Planning Commission approved an amendment to the Master Plan for a fourth building on the project site. The subject entitlements specifically permitted a new 65,435- square-foot, two story building; however, the project was never constructed.
Table 2, below shows the current development parameters for each district sub area within the Specific Plan Area 1, Home Ranch.
Table 2 – Current Specific Plan Area 1, Home Ranch Development Parameters
PROJECT DESCRIPTION
The proposed development (“Hive Live”) involves a General Plan Amendment, Zone Change, Specific Plan Amendment, a Development Agreement, Zone Change and a Tentative Parcel Map. The proposed development is comprised of residential uses and a small resident-serving commercial component. The proposed project is anticipated to be constructed and occupied in three phases. The proposed site plan includes the following:
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1. Multi-family residential units: Three multifamily residential building s with integrated parking structures with a total of 1,050 rental units:
Phase 1: Building 1, 360 units, 5-story, “wrap” style Phase 2: Building 2, 320 units, 5-story, “wrap” style Phase 3: Building 3, 370 units, 5-story, “wrap” style
The proposed site density is 74 dwelling units per acre. The applicant did not provide unit mix, number of bedrooms, or unit square footages; this information will be evaluated at the time of the full application.
2. Open-space and Recreational Areas: The project site would include open space and recreational areas for residents. These areas include three pools, multiple pedestrian connections to the rail trail, courtyards, and other amenities such as fire pits, sports courts, and barbeques throughout. Each building has one central open air courtyard and amenity area, with plazas and landscaped paseos between buildings. In total, the project proposes approximately five acres of landscaped open space, including connections to the adjacent “Rail Trail” open space area, which is located between the proposed project site and the Anduril headquarters site. Construction of the Rail Trail open space area is nearing completion, will be accessible to the public, and will have pedestrian connectivity from variou s points at the project site. In addition, the residential units include private balconies, averaging 50 square feet.
3. Parking Structure: Three “wrap” parking structures are proposed with a minimum parking ratio of 1.5 parking spaces per unit (1,575 total parking spaces) and would be built in phases concurrently with the residential component of the project. (Wrap buildings consist of residential units and/or retail “wrapping” around an above -grade parking structure to conceal the parking structure from view.)
The proposed parking areas would not be visible from the public right -of-way or neighboring properties. Each parking garage would contain electric vehicle charging stations as required by the California Building Code.
4. Retail Component: An approximate 2,500 -square-foot resident-serving retail component is proposed on the ground floor at the corner of South Coast Drive and Susan Street. It is anticipated that the current café on the Hive campus ( “The Lost Bean”) would relocate to this tenant space. As currently proposed, there are no other commercial components of the project.
The retail space would be constructed as part of Phase 1.
Infrastructure and offsite improvements are not identified in the preliminary application. Staff recommends improvements to adjacent streets, sidewalks, and parkways, including bike amenities and multi-modal improvements appropriate for a high density residential use be incorporated into the full application submittal.
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ANALYSIS:
General Plan Land Use Designation
The 14.25-acre site has a current General Plan land use designation of “Industrial Park” which allows for development of office and industrial uses. The “Industrial Park” land use designation is characterized by large parcels in close proximity to major transportations routes for regional accessibility. The overall City -wide land area dedicated to “Industrial Park” is 630.13 acres (this proposed site accounts for approximately two-percent of the City’s “Industrial Park” land use area).
The proposed project would change the General Plan land use designation from “Industrial Park” to High-Density Residential (HDR) and establish a site-specific density of 74 du/acre . The vision of the project is to create a predominantly residential development that would provide housing near existing employment centers with a small component dedicated to tenant and neighborhood focused retail.
According to the City’s General Plan Land Use Element, areas designated as High-Density Residential are intended for residential development with a density of up to 20 units per acre with some exceptions.
These exceptions include “density bonuses” or density as permitted through approved Specific Plans or Master Plans . The General Plan states that “High-Density Residential areas should be located in proximity to transportation routes, especially those served by public transit, and also within convenient distances to shopping and employment centers. Although proximity to transportation routes can result in a residential development being subject to impacts, High -Density Residential development can be less susceptible to impacts when visual and acoustical shielding techniques are incorporated into the project. Viable high-density development is also dependent upon site characteristic compatibility, and should be of appropriate size and dimensions. Complementary commercial uses within this designation may be allowed in planned development projects”.
The site is generally co nsistent with this description in that it is located on three major streets Susan Street, Sunflower Avenue and South Coast Drive. There are OCTA bus routes 43, 47, 150 nearby on Sunflower Avenue, Fairview Road, and Harbor Boulevard. These routes connect th e site to the remainder of the City in both a north-south and east-west direction and to Santa Ana. The closest bus stops are at Fairview Road and South Coast Drive, Fairview Road and Sunflower Avenue, Harbor Boulevard and Sunflower Avenue, and Harbor Boulevard north of South Coast Drive. There also on - street Class 2 bike lanes on South Coast Drive, Susan Street, and Sunflower Avenue. The area north of the 405 generally has a mix of retail, restaurant, shopping and employment opportunities. The project site is surrounded primarily by employment opportunities and is also ¾ mile from Sprouts grocery store and Target located south of the 405. Resident serving retail and restaurants exist in the area (IKEA is across the street) but most are generally not within walking distance of the site.
General Plan Policies
The following project applicable General Plan goals and policies should be reviewed and considered by the City Council in the context of the overall project as it considers the proposed General Plan Screening:
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Item #: 23-1327 Meeting Date: 8/01/2023
Policy LU-5.10: Building densities/intensities for proposed new development projects shall not exceed the trip budget for applicable land use classifications, as identified in the Land Use Element. Building intensities for proposed new development projects shall not exceed the applicable floor area standards.
The proposal exceeds the Land Use Element prescribed trip budget for the site (376 AM peak hour trips trips and 362 PM peak hour trips ) by 13 AM peak hour trips and 48 PM peak hour trips and therefore requires a General Plan Amendment. Based on the preliminary trip generation study for the project, there will be a net increase (based on existing uses) of 2,034 average daily trips (ADT), including five (5) additional AM and 47 additional PM peak hour trips.
Project entitlement processing will require a comprehensive traffic study and a Vehicle Miles Traveled (VMT) analysis that will evaluate local roadways and intersections and associated project impacts.
The proposed density of 74 du/acre is similar to several past approved and/or constructed projects in the area and in the City as follows:
580 Anton – 240 units at 125 du/acre
Halcyon House at 595 Anton Blvd. – 393 units at 80.9 du/acre LUX Apartments – 224 units at 54 du/acre
The Baker Block – 240 units at 58 du/acre
One Metro West – 1,057 units at 80 du/acre
Policy LU-6.1: Encourage a mix of land uses that maintain and improve the City’s long -term fiscal health.
The loss of approximately two-percent of the City’s industrial land use area may incrementally affect the City’s revenue base. Also, an additional 1,050 residential unit s would require City services and infrastructure, and provide employees and patrons for Costa Mesa employers and businesses. A comprehensive fiscal evaluation will be completed for the full project application upon submittal.
Policy LU -7.1: Endeavor to create mixture of employment opportunities for all economic levels of residents and businesses.
In keeping with this policy, the City will need to retain a sustainable level of industrial and commercial land uses to create mixture of employment opportunities for all economic levels of residents and businesses. Although t here will be fewer employment opportunities with the residential proposal in comparison with the current industrial park use, considering the State and regional objective to increase housing supply, housing units may be considered a higher local/regional priority at the Council’s discretion. In addition, developing housing in proximity to major employment areas such as the area north of the I-405 Freeway would reduce the vehicle miles travelled and contribute to the overall sustainability goals of the region in terms of reducing greenhouse gas emissions.
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Item #: 23-1327 Meeting Date: 8/01/2023
Policy C‐5.1: Ensure that new development projects are consistent with the vehicular trip budgets, where adopted.
Based on the preliminary trip generation study of the project, there will be a net increase of 2,034 average daily trips, and an increase of 5 AM and 47 PM peak hour trips compared to the current development to the general area. The proposal is higher than the adopted trip budget for the site by 13 AM peak hour trips and 48 PM peak hour trips and will require a modification to the NCMSP. If accepted for processing, a more comprehensive traffic study will be prepared that will evaluate local intersections and consider potential project traffic impacts including a trip budget analysis.
Policy C ‐5.11: Maintain balance between land use and circulation systems by phasing new development to levels that can be accommodated by roadways existing or planned to exist at the time of completion of each phase of the project.
If accepted for processing, a more comprehensive traffic study will be prepared that will evaluate local intersections and will consider potential project traffic impacts.
Policy C ‐5.15: Consider the needs of the transportation and infrastructure system early for large developments and coordinate with developers to design projects that minimize traffic impacts and infrastructure demands, and implement complete streets wherever feasible. Al ternatively, address transportation and infrastructure system impact through the implementation of development agreements.
If accepted for processing, the NCMSP will need to be modified to allow for the proposed land use change and the intensification of the site . The amended specific plan w ould include modified provisions for roadway and infrastructure that require implementation during various phases of the project. Terms and conditions of the required improvements will/may need to be negotiated through a Development Agreement. The applicant anticipates requesting a Development Agreement to vest entitlement s. Infrastructure improvements required for the project and proposed as an additional community benefit would be negotiated at that time.
Policy C‐6.12: Require that every new development project pay its share of costs associated with the mitigation of project generated impacts.
The project will be subject to development impact fees at the time of implementation of the or as otherwise negotiated through a Development Agreement.
Policy HOU‐2.1: Facilitate the development of housing that meets the needs of all segments of the population including affordable housing and households with specialized needs.
The project proposes to include 1,050 residential rental units at market rate or as otherwise required by an inclusionary housing ordinance in place at the time of approval or as otherwise negotiated as a “community benefit” as part of the Development Agreement . The project is located near job centers north of the I -405 freeway. The project will be required to meet all building code requirements including the provision of ADA units.
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Item #: 23-1327 Meeting Date: 8/01/2023