Costa Mesa City Council
February 20, 2024

the immediate vicinity and will not allow a use, density or intensity, which is not in accordance with the General Plan designation for the property.

REDEVELOPMENT AGENCY

2. The proposed use is not consistent with the objectives of the Redevelopment Plan and will not be injurious to property or improvements in the area because conditions have been proposed to control parking through valet parking and occupancy limits.

CONDITIONS OF APPROVAL:

6. The number of members attending
a maximum of 80 plus staff of 24.

7. Any exterior lighting shall be

8. Valet parking service shall be
the club at one time shall be limited to
the Planning Division.
ing all hours of operation.
2- 1, Mr. Clarke voting no, Mr. Korando abstaining, Mr. Dunn absent) -2-
739

PLANNING ACTION SUMMARY
Location: 140 & 154 E. 17th St. Application: PA- 92- 46/ RA- 92- 07 SUBJECT PROPERTY: SURROUNDING PROPERTY:

Zone: C2 North: CL:( Acr. Cabrillo) Trlr PkGeneral Plan: General Commercial South: C2: Acr. 17th) CommLot Dimensions: 150• x309. 86•/ 150' x125, 27' East: C2/ CL: Comm./ ResidLot Area: 1. 49 acres West: C2: Commercial Existing Development: Abandoned Lumber Yard; Restaurant ( off- site)

DEVELOPMENT STANDARD COMPARISON
Development Standard
Lot Size
Lot Width
Lot Area
Building Coverage
Buildings
Paving
Open Space
TOTAL
Building Height
Setbacks
Front
Side ( left/ right)
Rear
Parking
Covered
Open
Standard Size)
Compact)
Handicapped)
TOTAL
Driveway Width
Interior Landscaping
Code Requirement
60'
12, 000 sq. ft.
19, 580sf/. 30 FAR --
2 stories/ 30'
20'
0'/ 15'
15'
on- site Off- site
141 0
106) 0)
35) 0)
0)
0)
141 0)

2. 200 sq. ft.

NA = Not Applicable or No Requirement
CEQA Status:

Final Action:

ABC Lumber site, only
Proposed/ Provided

1. 49 acres( 65 269sf)
Exisling 19,820 sf 30%)
Existing 31, 020 s( 48%)
Exirling 14 ,429 sf 22%)
liu, finc 65269, f
ExiAmk, 2 W,, wc / 23'
Existing 20'
0'/ 72'
Existing 95'
On- site Off- site
141 12
55) 16)
34) 4)
49)
48) Valet***
Existing 7, 871 sf
Under current code; 26, 107 sq. ft. would have been
applicable under prevailing conditions at time of approval.

Valet parking
-3-
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APPL. PA - 92- 46
RA - 92- 07
PAGE 3
I. DESCRIPTION
A. Subject Property• Surrounding Property• and Request
See Planning Action Summary
B. Background
Zone Exception Permit ZE- 80- 146, and Lot Line Adjustment LL -80- 08 were approved by the Planning Commission on
October 13, 1980. The Commission also recommended
approval of Redevelopment Action RA - 80- 13 to the
Redevelopment Agency. RA -80- 13 was approved by the
agency on November 5, 1980.

The Zone Exception Permit was a Conditional Use Permit
request to operate a lumberyard and for compact parking stalls, with a Variance for reduction in parking. The
Lot Line Adjustment is to combine four parcels into one.

II. PROJECT DESCRIPTION
The abandoned 19, 820 sq. ft. lumberyard building is being proposed for renovation. A portion of it will be a tire store approx. 7, 500 sq, ft.), and another 1, 490 sq. ft. for a proposed retail outlet.

Although the proposed retail outlet will be considered under a separate permit, Staff has learned that food supplement products to be used by clients of the health club will
probably be sold there.

The portion of the building under this action is approximately10, 500 sq. ft. in area. This is to be used as a health club.

Approximately 8, 232 sq. ft. of the 10, 500 sq. ft. area is proposed work- out area. The remainder is for office,
reception, a conference room, and bathing facilities.

Because there are two other proposed uses at this location, adequate parking for each use becomes an issue.

To meet the parking demand for the health club, the applicant has proposed the use of valet parking as well as limited off- -4-
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APPL. PA - 92- 46
RA - 92- 07
PAGE 4
site parking ( sevencompactstalls) on the property located at154 E. 17th Street. In addition, the proposal to remove an existing 2, 670sq. ft. woodbuilding at 154E. 17th Street willincrease the numberof parking spacesprovided on thatproperty by twelve spaces.

Becauseof a substantial changein use from a lumberyardto aretail and health club, a trip budget analysis must beconducted.

At the study session,
the applicant indicated that the
proposedhealth club is different from other health clubs inthat there are no group aerobic classes proposed, and therewould not be more than 50 members attending at once. The healthclub is involvedin a developmentandtesting programfor people between the ages of 30 and 70 years. This program involvesthe useof foodsupplementsin conjunctionwith freeweights and exercise equipment.

In a letter to the PlanningCommission dated June 17, 1992, Dr. Connelly, the proprietor of the health club, goes into the operational details of thehealth club as well as the successesof anotherof his healthclubs in the Bay Area.

Thepropertyis locatedin aRedevelopmentArea, necessitatingits review by the RedevelopmentAgency.

III. PLANNING STAFF ANALYSIS
Per Section 13- 209 of the Costa Mesa Municipal Code, a Conditional UsePermit is required for health andsports clubsin a commercial zone.

A Conditional Use Permit is also
requiredfor off- site parkingas well as the valet parking. In this particular case, however, there would have been a parking deficiency that would have necessitated a Variancewere valet parking not proposed.

Theproposedhealthclubwill occupyapproximately10,500sq. ft. of floor area and will require 105 parking spaces. Atotal of 141 spaces are required for the site, including theproposed tire company and retail outlet.

However,
there are only 88 parking spacesexisting on theproperty, per ZE- 80- 146.

To meet the current parking demand, a reconfiguration of the parking lot is proposed. -5-
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APPL. PA - 92- 46
RA - 92- 07
PAGE 5
This reconfiguration will alter the existing parking andlandscaping layout of the site, provide additional compact parking stalls ( 34 in all),
close the westerly of the two
existing driveways on Cabrillo Street, and most importantly, institute a stratified valet parking area along CabrilloStreet to accommodate at least 48 cars. Seven additional parking spaces are also being provided on the adjacent
property.

Main access to the site will be from 17th Street ( south) and Cabrillo Street ( north), although there is possible access also from Fullerton Avenue ( east).

Because of the change in use from a lumberyard to a health club, a trip budget analysis was performed for the site. The following represents the findings:

EXISTING BUILDING AREA: 19, 820 SQ. FT./. 30 FAR
LOT SIZE: 65, 269 SQ. FT.

GENERAL PLAN DESIGNATION: GENERAL COMMERCIAL
GENERAL PLAN MAX. FAR: . 30
TOTAL BUILDING AREA PER FAR: 19, 580 SQ. FT.

THEREFORE,
THE EXISTING BUILDING AREA MEETS THE GENERALPLANMAXIMUM FLOOR AREA RATIO.

PROPOSED USES FOR THE SITE: RETAIL: 1, 490 SQ. FT.*
HEALTH CLUB: 10, 500 SQ. FT.

TIRE STORE: 7, 500 SQ. FT.*
Staff would like to point out that the retail use andtire store identified above are not part of this application. However, in order to determine the sitefs
trip budget, these uses need to be identified.

AM PEAK TRIP FOR PROPOSED RETAIL USE: 3. 48
Calc. for proposed retail a. m. trip: 1, 490 x 2. 34/ 1, 000 PM PEAK TRIP FOR PROPOSED RETAIL USE: 5. 58
Calc. for proposed retail p. m. trip: 1, 490 x 3. 75/ 1, 000 AM PEAK TRIP FOR PROPOSED HEALTH CLUB: 18. 58
Calc. for prop. health club a. m, trip: 10, 500 x 1. 77/ 1, 000 -6-
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APPL. PA - 92- 46
RA - 92- 07
PAGE 6
PM PEAK TRIP FOR PROPOSED HEALTH CLUB: 15. 96
Calc. for prop. health club p. m. trip: 10, 500 x 1. 52/ 1, 000 AM PEAK TRIP FOR PROPOSED TIRE STORE: 18
Calc. for prop. tire store a. m. trip: 7, 500 x 2. 40/ 1, 000 PM PEAK TRIP FOR PROPOSED TIRE STORE: 21. 5
Calc. for prop. tire store p. m. trip: 7, 500 x 2. 87/ 1, 000 Total a. m. trips generated by site: 40. 06
Total p. m. trips generated by site: 43. 04
GENERAL PLAN AM PEAK TRIP RATE FOR SITE: 45. 81
GENERAL PLAN PM PEAK TRIP RATE FOR SITE: 73. 42
Calc. for peak a. m. trip: 19, 580 sq. ft. x 2. 34/ 1, 000 Calc. for peak p. m. trip: 19, 580 sq. ft. x 3. 75/ 1, 000 The project, as proposed, is within the trip budget limits of the General Plan.

In reviewing this proposal, Staff considered several land development issues ranging from on- site parking configuration and availability, to impact of the proposed use on surrounding uses and/ or properties.

Parking Configuration/ Availability
Valet parking is being proposed as a way of meeting the parking demands of a health club which is 2 1/ 2 times that of a retail use.

What makes the proposed parking configuration bothersome to Staff is the fact that the proposed valet parking lot, located along the Cabrillo Street part of the lot, is approximately 170 feet from the main entrance to the health club. Staff has been informed that valet parking attendants will be located approximately 82 feet from Cabrillo Street. At that distance, approximately four cars can be stacked before traffic
overflows onto Cabrillo Street. During peak hours, several cars may queue up while waiting to be parked.
-7-
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APPL. PA - 92- 46
RA - 92- 07
PAGE 7
What Staff envisions during peak hours at this site is a traffic jam which may lead club members to park on public streets and at other unauthorized locations including adjacent properties. This type of situation usually leads to
complaints.

The City' s experience with the Family Fitness Center on Adams Avenue and the Sports Connection in the Costa Mesa Courtyards come to mind. However, Staff would like to point out that both of these facilities are significantly larger than the proposed health club and offer group aerobic classes among other things. Family Fitness Center is in excess of 20, 000 sq. ft. and the Sports Connection is about 30, 000 sq. ft. in area. Also, in both cases, a shared parking agreement and/ or off- site parking exist. Neither of these facilities provide valet parking.

Experts in the health club industry seem to agree that group aerobic classes are significant parking generators. The applicant in this case has indicated that no group aerobic dance classes are proposed and that no more than a specified number of members will attend the club at one particular time.

In fact, in his letter dated June 17, 1992, the applicant noted the club will be affiliated with the USDA Human
Nutrition Laboratory, and that after an initial period of curiosity - seekers, the clientele will stabilize to ultimately include a select group of very committed trainees and research subjects.

Other Potential Impacts
Another of Staff' s concerns is the coexistence of the health club with other proposed retail uses. Submitted plans
indicate that eight of the required parking spaces for the site are located in front of bay doors.

Credit is usually not given for parking spaces located in front of bay doors. If these eight spaces are deducted from the required 141, only 133 parking spaces would remain. The Fire Prevention Division has also requested that the exit at the north end of the building remain open. This would result in the removal of an additional parking space.

In Staff' s opinion, it would require strict parking
enforcement to restrict the health club' s clientele from parking in spaces designated for the retail outlet and the tire company and vise versa.
-8-
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APPL. PA - 92- 46
RA - 92- 07
PAGE 8
In conclusion,
Staff notes the specifics of this proposedhealth club, and congratulates the applicant on his accomplishments in operating a similar facility in SanFrancisco. However, Staff' s concerns go beyond this particular request, meritorious as it may seem.

Once a health club is approved at this location, another health club with a totally different format and clientele could occupy the site under the same Conditional Use Permit within a 180 -day period of the exit of a previous health club.

Since this department operates on an enforcement -by -complaint Policy, it is sometimes too late to revoke a Conditional UsePermit once it is granted. In most cases, applicants would have invested substantial amounts moneyin the enterprise and may claim a vested right to exist.

With that in mind,
Staff believes that these problems,
potential as they may be, necessitate critical attention, and hence the reason for recommending denial on the ConditionalUse Permits.

Should the Commission decide to approve this project, Staff is requesting that conditions restricting the number of people attending the health club at one time be at a maximum of ( 60), and the prohibition of group aerobic classes, be added asConditions of Approval.

Redevelopment Agency Review
Typically, the Agency will review projects within a
RedevelopmentArea if andwhenthere is a changeto existingexterior elevations.

Although no exterior elevation changes
have been specifically indicated as part of this proposal, Agency review is still eminent.

The following is an assessment
Redevelopment Agency guidelines:

Criteria

1. Is the proposed use permitted
by the City' s Zoning Code and
Redevelopment Plan?
of the project against
Does Project Comply
Permitted only by a
Conditional Use
Permit.
-9-
746
IV.

APPL. PA - 92- 46
RA - 92- 07
PAGE 9

2. Is setback area used for Yes.
landscaping, access drives,
walkways and/ or off- street
parking?
Is adequate parking for all No. Off- site parking
parking needs provided on the is proposed and
subject site as required by valet parking isthe City' s Zoning Code? being instituted to mitigate the parking
deficiency.

Will parking spaces visible
from the street be screened
to prevent unsightly or
barren appearances?

5. Will lighting for parking
spaces be shielded from
residential buildings and
adjoining streets?
No indications at
this time.

Maybe.

As indicated above, Staff is unaware whether or not there is a proposal to screen visible parking spaces from the street.

However, if made a condition, the applicant will comply. Also, since this is an existing site, Staff is not aware of lighting in the parking lot. But since this site is located across from a trailer park and the building is located about 100 feet from the street, that requirement is not a major concern.

PLANNING STAFF FINDINGS
Conditional_Use Permit

1. The information presented does not substantially comply with Costa Mesa Municipal Code Section 13- 347 in that the proposed health club is not substantially compatible with developments in the same general area. The combination
of the health club and other proposed uses on this site has a potential
of creating an unpleasant parking
situation during peak hours. The location of the valet
parking lot also has the potential of creating serious
parking problems on the site and an impact on City
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APPL. PA - 92- 46
RA - 92- 07
PAGE 10
streets. Granting this Conditional Use Permit may be
detrimental to the safety and general welfare of other
properties within the immediate vicinity ( as a result of health club clients parking on unauthorized adjacent
properties), but will not allow a use, density or
intensity which is not in accordance with the General
Plan designation for the property.

Redevelopment Agency
The proposed use is not consistent with the objectives of the Redevelopment Plan and will be injurious to property or improvements in the area because adequate parking is not being provided on site, and Staff is skeptical of the efficiency of the valet parking that has been proposed to mitigate a parking deficiency.

The project is consistent with Article 22- 1/ 2,
Transportation Systems Management, of the Costa Mesa
Municipal Code in that no intersection to which the
project contributes measurable traffic shall operate at less than the Standard Level of Service as a result of
project implementation.

V. PLANNING STAFF RECOMMENDATION
Deny Conditional Use Permit

2. Recommend denial of Redevelopment Action to the Agency VI. CONDITIONS. IF APPROVED
Shall meet all requirements of the various City departments, copy attached hereto.
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APPL. PA - 92- 46
RA - 92- 07
PAGE 11

CONDITIONS OF APPROVAL
Ping: 1. Applicant shall provide Staff with a copy of
contracts with companies providing the valet
service.

2. Valet service shall be free to club members.

3. Approval shall be for a period of one year. Prior

2. to expiration, applicant may request renewal,
subject to reevaluation at that time. The
Bldg. 3.

Development Services Director may extend the
Planning Action for a period not to exceed two ( 2)
Eng. 4.
years if all conditions of approval have been
satisfied, no complaints have been received, and
the site inspection reveals compliance with
applicable Ordinance requirements. Thereafter, the
Development Services Director may extend the permit
for successive two ( 2) year periods under the same
terms.

4. There shall be no group aerobic classes conducted.

5. All parking spaces visible from the street shall be
screened to prevent unsightly or barren
appearances.

6. The number of members attending the club at one
time shall be limited to a maximum of 60.

ORDINANCE AND/ OR CODE PROVISIONS
The following list of Federal, State, and local laws applicable to the project has been compiled by Staff for the applicant' s reference.

Ping. 1. All 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, and final inspections will not
be granted until all such licenses have been
obtained.

2. All compact parking spaces shall be clearly marked
compact" or " small car only".

Bldg. 3. Comply with the requirements of the Uniform
Building Code as to design and construction.

Eng. 4. At the time of development submit for approval an Off- site Plan to the Engineering Division that
shows Sewer, Water, Existing Parkway Improvements
and the limits of work on the site prepared by a
Civil Engineer or Architect. Site Access approval
must be obtained prior to Building or Engineering
-12-
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APPL. PA - 92- 46
RA - 92- 07
PAGE 12

SPECIAL DISTRICT REQUIREMENTS
The requirement of the following special district is herebyforwarded to the applicant:

Sani. 1.

Applicant to pay all applicable Sanitary District
fixture fee charges [( 714) 754- 5307].

OF. N4( PA9246)
Permits being issued by City of Costa Mesa. Pay
Off- site Plan Check fee per Section 13- 54,
C. C. M. M. C. An approved Off- site Plan shall be
required prior to Engineering/ Utility Permits beingissued by the City of Costa Mesa.

5. A Site Access permit and deposit of $ 500. 00 will be required by the City of Costa Mesa, Engineering
Division, prior to the start of any on- or off- site
work,
which may be necessary during construction
for street sweeping.

6. Obtain an off- site permit from the City of Costa
Mesa, Engineering Division, at the time of
development and then remove any existing driveways
and/ or curb depressions that will not be used and
replace with full height curb and sidewalk at
applicant' s expense.

Trans. 7. Construct residential driveway approach( es) at location( s)
specified on submitted site plan.

S.

Construct sidewalk curb and gutter to close unused
drive approaches.

Fire 9.

Provide fire extinguishers with a minimum rating of
2A to be located within 75 feet of travel distance
from all areas.

Extinguishers may be of a type
rated 2A, 10BC as these extinguishers are suitable
for all types of fires and are less
expensive.

10. Provide address numerals which conform to Fire
Department standards with respect to size ( 1211)
and
location.

11. Exit at north end of building must remain
unobstructed to the public way. This would
necessitate the removal of a parking stall.

SPECIAL DISTRICT REQUIREMENTS
The requirementof the following special district is herebyforwarded to the applicant:

Sani. 1.

Applicantto pay all applicable Sanitary District
fixture fee charges [( 714) 754- 5307].

OF. N4( PA9246)
-13-
750
4111
1 MF CITY OF COSTA MESA
Off _ - trit
P. O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92828- 1200

DEVELOPMENT SERVICES DEPARTMENT
f, 4'091tre?
August 29, 2002
Richard Massen
770 Hillcrest Dr., # 1 3
Laguna Beach, CA 92651
RE: MINOR CONDITIONAL USE PERMIT ZA- 02-29
140 EAST 17TH STREET, COSTA MESA
Dear Mr. Massen:

Review of the minor conditional use permit for the above- referenced project has been completed. The application has been approved, based on the following project description and findings, subject to the conditions set forth below:

PROJECT DESCRIPTION
The property is located near the northwest corner of East 17th Street and Fullerton Avenue. The lot is developed with a building used for a health club and a retail T- shirt store. The applicant requests an amendment to an existing conditional use permit ( PA- 92- 46A) for the health club to allow conversion of existing office and retail areas for additional fitness use ( yoga and spin classes). The total area available for fitness use will be 12, 367 sq. ft. ( 10, 500 sq. ft. existing). Code required parking would be at a ratio of 10 spaces per 1 ,000 sq. ft. of gross floor area, resulting in a need for 124 parking spaces. Required parking for the office/ retail portion of the business is calculated separately, per previous conditional use permit. The following table represents a breakdown of the building area and required parking for the site:

USE FLOOR AREA PARKING REQUIRED
Fitness Area 12, 367 sq. ft. 124
Office/ Retail Area 1 , 458 sq. ft. 6
T- shirt Company ( retail) 7, 500 sq. ft. 30
TOTAL 21 , 325 sq. ft. 160
The previous conditional use permit included conversion of the, adjacent property 1721 and 1731 Fullerton Avenue) to a parking lot to accommodate parking generated by the health club. This off- site parking lot provides 58 spaces and the main lot contains 84 spaces, for a total of 142 parking spaces. Based on the _ breakdown of uses listed above, the property does not have excess parking for the Building Division( 714) 754- 5273 • Code Enforcement( 714) 754- 5623• Planning DNtsion( 714) 754- 5245 FAX( 714) 754- 4856 • TDD( 714) 754- 5244 • www. d. costa- mesa. ca. us ATTACHMENT 4
-1-
751
ZA- 02- 29
August 29, 2002

additional fitness area ( 160 parking spaces required; 142 existing). As a result, the subject application for a minor conditional use permit was filed, to allow a reduction in the amount of required parking.

ANALYSIS
The applicant conducted a parking study by counting the number of cars in the parking lots every hour for a one- week period. The maximum number of cars in the parking lots at any one time was 54 ( 6 p. m. on a Thursday), which left 88 spaces still available, 30 of which are required parking for the T- shirt company. As a result, there were still 58 parking spaces available during the time when parking demand was the highest. According to this study, the busiest times seem to be around 5 p. m. and 6 p. m. The classes are proposed primarily in the mornings, when fewer people are at the site. Evening classes will occur after 7 p. m. on Mondays and Wednesdays. Based this study and staff observation of the site, no parking problems are anticipated with the additional fitness area. Further, as conditioned in the previous conditional use permit, the number of members attending the club at one time shall be limited to a maximum of 80, plus a staff of

24. FINDINGS
1 . The information presented substantially complies with Section 13-29(g)(2) of the Costa Mesa Municipal Code in that the proposed conversion and parking reduction, subject to conditions, will not be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity. Specifically, as the parking study shows, the parking requirement substantially exceeds the demand of the actual uses. Therefore, conflicts in parking demands are not anticipated. Granting the minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation for the property.

2. The proposed project complies with Costa Mesa Municipal Code Section 13- 29( e) because:

The proposed development and use is compatible and harmonious with uses on surrounding properties.

Safety and compatibility of the design of the buildings, landscaping, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered.

The project is consistent with the General Plan.

The planning application is for a project- specific case and does not establish a precedent for future development.

The cumulative effect of all the planning applications have been considered.
-2-
752
ZA- 02- 29 S •
August 29, 2002

3. The project has been reviewed for compliance with the California Environmental Quality Act ( CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA.

4. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code.

CONDITIONS OF APPROVAL
Ping. 1 . The number of members attending the club at one time shall be limited to a maximum of 80, plus a staff of 24.

2. If parking shortages or other parking- related problems arise on the property, the applicant shall institute whatever operational measures are necessary to minimize or eliminate the problem - such as, but not limited to, adjustments in class size or schedules.

3. A copy of the conditions of approval shall be kept on the premises and presented to any authorized City Official upon request. New business/ property owners shall be notified of conditions of approval upon transfer of business or ownership of land.

4. The minor conditional use permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The conditional use permit may be referred to the Planning Commission for modification or revocation at any time if the conditions of approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the development services director or his designee, any of the findings upon which the approval was based are no longer applicable.

Eng. 5. During construction, maintain the public right- of- way in a " wet- down" condition to prevent excessive dust and promptly remove any spillage from the public right- of- way by sweeping or sprinkling.

PD 6. A list of security recommendations has been provided by the Police Department for the applicant' s consideration.

CODE REQUIREMENTS
The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant' s reference. Any reference to " City" pertains to the City of Costa Mesa.

Ping. 1 . Approval of the Zoning Action is valid for one ( 1 ) year and will expire at the end of that period unless building permits are obtained, the authorized activity is commenced, or the applicant applies for and is granted an extension of time.

Bldg. 2. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to " Disabled Access -3-
753
ZA- 02- 29
August 29, 2002

Regulations".

Fire 3. Provide Fire Department with occupant load calculations for the yoga/spinning area. Show exits from yoga/spinning rooms.

Parks 4. All Existing parkway trees shall remain.

Eng. 5. At the time of development submit for approval an off- site plan to the Engineering Division and grading plan to the Building Division that shows sewer, water, existing parkway improvements and the limits of work on the site, both prepared by a civil engineer or architect. Construction access approval must be obtained prior to building or engineering permits being issued by the City of Costa Mesa. Pay offsite plan check fee to the Engineering Division. An approved offsite plan and fee shall be required prior to engineering/ utility permits being issued by the City.

6. A constructionaccesspermit and depositof $ 1 ,000 for street sweeping will be required by the Engineering Division prior to the start of any on- or off- site work.

SPECIAL DISTRICT REQUIREMENT
Sani. 1 . Developer shall contact the Costa Mesa Sanitary District at ( 949) 631- 1731 for current district requirements.

Upon receipt of this letter, your project has been approved, subject to the above- listed conditions. A copy of the conceptually- approved site plan is enclosed. The decision will becomefinal at 5:00 p.m. on September5, 2002, unless appealedby an affected party or a member of the Planning Commission or City Council.

If you have any questions regarding this letter, please feel free to contact the project planner, Wendy Shih, at 714- 754- 5136 between 1 p. m. and 5 p. m.

Sincerely,

PERRY ALANTINE
Zoning Administrator
Enclosure: Conceptually- approved plans
cc: Engineering/ Development Services Nico Alberts Fire Protection Analyst 19532 Starfish Lane
Water District Huntington Beach, CA 92648
Building Division
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755
March 8, 2019

CITY OF COSTA MES,
P. O. BOX 1200 • 77 FAIR DRIVE - CALIFORNIA 82528 - 1200

DEVELOPMENT SERVICES DEPARTMENT
Nicholas Coleman
260 East Mountain View Street
Long Beach, CA 90805
RE: ZONING APPLICATION 18- 59

MINOR CONDITIONAL USE PERMIT TO ALLOW A JUICE BAR WITHIN AN

EXISTING FITNESS GYM
140 EAST 17TH STREET, SUITE B, COSTA MESA
Dear Mr. Coleman:

City staff' s review of your zoning application for the above -referenced project has been completed. The application, as described in the attached project description, has been approved, based on the findings and subject to the conditions of approval and code requirements ( attached). The decision will become final at 5.00 p.m, on March 15, 2019, unless appealed by an affected party, including filing of the necessary application and payment of the appropriate fee, or called up for review by a member of the Planning Commission or City Council.

If you have any questions regarding this letter, please feel free to contact the project planner, Nancy Huynh, at 714. 754. 5609, or at nancy. huynh cr-costamesaca- gov .

Sincerely,
9A"+ -

JENNIFER LE
Assistant Director of Development Services
cc: Engineering
Fire Protection Analyst
Building Safety Division
Building Division ( 714) 754- 5273 • Code Enforcement & Community Improvement Division ( 714) 754- 5623 Housing & Community Development ( 714) 754- 4870 • Planning Division ( 714) 754- 5245 FAX ( 714) 754- 4855 • www. costamesaca. gov
ATTACHMENT 5
-1-
756
zA- 18- 59
March 8, 2019

PROJECT DESCRIPTION
Location
The subject property is located at 140 East 17th Street and is zoned as C2 ( General Business District) with a General Plan Land Use Designation of General Commercial.

The property contains an existing 22,091 square foot multi -tenant commercial building.

Existing uses in the commercial building include a fitness gym, The 12 Gym in Suite B, and a clothing store.. T - Shirts Warehouse, in Suite A. Other uses surrounding the subject property are also commercially zoned ( C2 and CL — Commercial Limited). Multi- family residential zoned properties ( R2 -HD) are also located across from the project site along Cabrillo Street. Primary access to the project site is provided along East 17th Street with a secondary access provided at the rear of the project site along Cabrillo Street.

Proposed Project
The applicant requests approval of a minor conditional use permit ( MCUP) to amend Conditional Use Permit PA -92- 46 to allow a juice bar use within the existing fitness gym.

A portion of the gym space will be converted for the proposed juice bar. The juice bar will occupy an approximately 800 square foot area and will include a small seating area of less than 300 square feet. The current use of the space where the juice bar is proposed is a gym equipment storage room.
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The property currently contains an existing 22,091 square foot multi -tenant commercial building. Parking is provided in the common lot and off- site in the adjacent property at 1731 Fullerton Avenue ( approved under PA - 92- 46A). There are a total of 150 parking spaces provided with 92 spaces located in the common lot and 58 in the adjacent off- site parking lot. Access to the off- site parking spaces is provided through a common shared driveway between the two properties.

The 12 Gym occupies the back portion of the building. The 12 Gym also offers group training classes and tailored nutrition programs as part of their fitness routine in addition to operating as a typical gym. The total existing square footage of the gym is 13,591 square feet and includes a mezzanine level for administrative offices. The existing gym equipment storage room is 798 square feet, which is proposed to be converted into a juice bar. The equipment storage room is currently located adjacent to the front reception area. The juice bar will be another added service of the gym and will be operated by another tenant.

The proposed juice bar will include a food preparation/ commercial kitchen area, cashier/ pick up counter, and a 288 square foot dining area. The applicant provided a -2-
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ZA- 18- 99
March 8, 2019

sample menu of the types of product the juice bar will offer — which includes smoothies, coffee, tea, and fruit bowls. The hours of operation for the juice bar are to be consistent with the current gym hours ( Monday through Friday from 5AM to 8PM; Saturday through Sunday from GAM to SPM). There will be a maximum of three employees present per shift. The juice bar is intended for gym members to promote the wellness aspect of the gym but will also be open to the general public as well.

Since the juice bar has less than 300 square feet of public seating area, the use is required to be parked at four spaces per 1,000 square feet of gross building area, however, this space — since it is part of a fitness gym — is currently parked at 10 spaces per 1, 000 square feet of gross floor area or eight spaces — a reduction of five parking spaces. Consequently, the conversion of gym area to the small juice bar will not impact parking.

The proposed juice bar will necessitate only interior improvements to reconfigure the area, which will not increase the building footprint or add any additional square footage, No changes to the building exterior or site are proposed. The applicant anticipates the juice bar will be primarily frequented by gym members with minimal traffic from the general public, which will reduce potential parking impacts. Therefore, the proposed use, as conditioned, would not have adverse impacts to the surrounding uses including nearby residents.

General Plan Consistency
With the recommended conditions of approval and code requirements, the use will be consistent and compatible with surrounding uses, as specified in Policy LU -1.1 and LU -

6. 7 of the General Plan Land Use Plement
LU - 7. 7 — Provide for the development of a mix and balance of lousing opportunities, commercial goods and services, and employment opportunities in consideration of the needs of the business and residential segments of the community.

LU - 6. 7 — Encourage new and retain existing businesses that provide local shopping and services.

The proposed project is for a juice bar within an existing fitness gym, The 12 Gym. The juice bar will be another added service intended to promote the wellness aspect of the gym and will complement the nutrition program the gym currently offers. The juice bar will be a new business that will provide another service to the community, mainly the gym members — which will also be a convenient amenity for them.

The use will not impact parking since the juice bar requires less parking than the gym four spaces per 1, 000 square feet of gross floor area versus 10 spaces per 1, 000 square feet of gross floor area, respectively). The proposed hours of operation are -3-
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March 8, 2019

consistent with what the City permits for food service uses within 200 feet of residentially - zoned property. Therefore, the proposed use, as conditioned, would not have adverse impacts to the surrounding uses including residential.

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A. The information presented complies with Costa Mesa Municipal Code Section 1,13- 29( g)( 2) in that:

1. The proposed use is compatible with developments in the same general area.

The proposed use is in the commercial zone ( C2) that is surrounded by other commercial uses. The juice bar will be compatible with other developments as the surrounding commercial centers include similar uses. Furthermore, the proposed juice bar will be within the existing gym where it will complement other services already offered by the gym.

2. Granting the Minor Conditional Use Permit will not be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity because the development is existing and no improvements to the exterior of the building or the site are proposed besides interior tenant improvements.

3. Granting the Minor Conditional Use Permit will not allow a use, density or intensity that is not in accordance with the General Plan designation for the property since the proposed use is permitted per the City' s Land Use Matrix. A MGUP is required only because the gym was approved under a CUP and the addition of the juice bar requires an amendment to the CUP; otherwise, the juice bar would be a permitted use. Furthermore, the proposed use will not increase the existing building size and conversion of a portion of the gym to a juice bar results in a decrease in required parking.

B. The information presented complies with Costa Mesa Municipal Code Section 13- 29( e) in that:

1. There will be a compatible and harmonious relationship between the proposed building and the site development, and uses, and the building and site developments, and uses that exist or have been approved for the general neighborhood, The subject property is an existing development and no exterior changes to the existing building or site is proposed. The juice bar will be compatible with other developments as the surrounding commercial centers already include similar food and beverage establishments. The proposed project will comply with parking requirements so there will not be a negative impact to the existing parking.

2. Safety and compatibility of the design of buildings, parking area, landscaping, -4-
759
ZA- 18- 59
March 8, 2319

luminaries, and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation have been considered and will not be affected by the proposed use since no improvements to the exterior of the existing building or site are proposed.

3. The proposed use complies with performance standards described elsewhere in the Zoning Code. All development standards, including parking will comply with the Zoning Code. In addition to the commercial zone development standards, the juice liar will comply with the specific standards for food and beverage establishments within 2010feet of residentially zoned properties including the hours of operation.

4. The structure is consistent with the General Plan, specifically Land Use Element Policy LU -1.1 & LU - 6. 7.

5. This zoning application is for a project -specific case and is not to be construed to set a precedent for future development.

C. The project has been reviewed for compliance with the California Environmental Quality Act ( CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt under Section 15301. Class 1, Existing Facilities, of the CEQA Guidelines.

D. The project is exempt from Chapter XIf, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code,

CONDITIONS OF APPROVAL ( CHECK OTHER DEPTS)
Ping. - 1. The project shall be limited to the type of building as described in this staff report and in the attached pians; i. e., a juice bar with a seating area under 300 square feet in area and open the same hours as the gym. Any change in the use, size, or design shall require review by the Planning Division and may require an amendment to the Minor Conditional Use Permit.

The conditions of approval, code requirements, and special district requirements of ZA- 18- 59 shall be blueprinted on the face of the site plan as part of the plan check submittal package.
3, The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to final inspections by the Building Division. This inspection is to confirm that the conditions of approval and code requirements have been satisfied.

4. All conditions of approval and code requirements of PA -92-45 still apply.

Bldg_ 5. Prior to issuing the Building permit the conditions of approval shall be required to be incorporated on the approved Architectural plans.

CODE REQUIREMENTS
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ZA- 18- 59
March 8, 2019

The following list of federal, state, and local laws applicable to the project has been compiled by staff for the applicant' s reference. Any reference to " City" pertains to the City of Costa Mesa.

Ping. 1. Approval of the zoning application is valid for two years from the effective date of this approval and will expire at the end of that period unless applicant establishes the use by obtaining building permits for the authorized construction and initiates construction. If the applicant is unable to obtain building permits within the one-year time period, the applicant may request an extension of time, The Planning division must receive a written request for the time extensionrp for to the expiration of the planning application.

2. All construction - related activity shall be limited to between the hours of 7 a.m. and 7 p. m., Monday through Friday, and 9 a.m. to 6 p.rn. Saturday.

Construction is prohibited on Sundays and federal holidays. Exceptions may be made for activities that will not generate noise audible from off- site, such as painting and other quiet interior work.
1 Installation of all new utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property.

The installation vault, wall cabinet, or wall box shall be installed under the direction of the Planning Division.

4. Any new on-site utility services shall be installed underground or with the ability to be underground in the future.

5. Any new mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. All roof -mounted equipment is prohibited.

Bldg. 6. Comply with the requirements of the following adopted codes Code, 2016 California Building Code, 2016 California Electrical code, 20716 California Mechanical code , 2016 California Plumbing code , 2016 California Green Building Standards Code and 2016 California Energy Code ( or the applicable adopted, 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 116 of the 2016 California Building Code.

7. Prior to the Building Div. issuing a demolition pert -nit contact South Coast Air Quality Management District ( AQMD) located at:
21865 Copley Dr.

Diamond Bar, CA 91765- 4178
Tel: 9019- 896- 2000
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ZA- 18- 59
March 8, 2019

Or
Visit their web site
http.// www. costames- aca. gov/ modules/ showdocuinent. aspx? documentid= 9 R1
The Building Div. will not issue a demolition permit until an identification number is provided by AQMD.

8. ' Provide a plan to the County of Orange Health Dept. for review and approval.

Fire 9. Comply with the requirements of the 2016 California Fire Code, including the 2016 intervening Update and referenced standards as amended by the City of Costa Mesa.

Bus. 10. All contractors and subcontractors must have valid business licenses to do Lic. business in the City of Costa Mesa. Final inspections will not be granted until all such licenses have been obtained.

SPECIAL DISTRICT REQUIREMENTS
The requirements of the following special districts are hereby forwarded to the applicant:

Sani. 1 It is recommended that the applicant contact the Costa Mesa Sanitary District at 949. 645. 8400 for current district requirements.

AQMD 2. Applicant shall contact the Air Quality Management District ( 800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD.

AQMD 3. Prior to the Building Division issuing a demolition permit contact South Coast Air Quality Management District ( AQMD) located at: 21865 Copley Dr. Diamond Bar, CA 91765- 4178, Tel: 909- 396- 2000 or visit their web site; htt : fl oursto . a md. ov/home, The Building Division will not issue a demolition permit until an Identification no. is provided by AQMD. -7-
762

COLEMAN ARCHITECTURE
JANUARY 29 2019
TENANT IMPROVEMENT FOR THE 12 GYM
140 E 17TH ST
COSTA MESA CA 92627

CITY OF COSTA MESA

DEPARTMENT OF CITY PLANNING

APPLICATION FOR MINOR CONDITIONAL USE PERMIT
Retailed Project Description and Justification for Approval, REVISED The proposed project is a 794 SFjuice bar tenant improvementinside an existing 12,400 SFgymbuilding, occupying space previously used as general equipment storage, and thus necessitating a change of use.

The proposed tenant improvementis located directly adjacent to the reception desk for the gym, and is intended for the use of existing gym patronsonly, being accessoryto the main use and function of the gym proper. The proposed improvementsare completely interior, located wholly within the existing building envelope, and include new finishes throughout, new commercial kitchen equipment for the preparation of menuitems, dry storage, and some minor seatingfor patrons' use.

While a change of use, the proposed juice bar is consistent with the approved gym use. While the juice bar is intended to be frequented by the general public, its main customer base will be existing gym patrons.

Since its inception, The 12 gym has always provided its patrons with not only fitnesstraining dosses, but nutritionas well - aiming for a complete 'sustainablehealthylife' for its clients. The new juice bar use then is, in essence, an extension of the gym use proper, and merely another service of the gym and it' s stated purpose - namely the health, fitness, and wellness of its existing clientele. To that end, some signage advertising the juice bar is anticipated.

Further, the proposed use is quite consistent with the existing surrounding uses. Right next door at 154 El 7th St, there is a SantoMonica Seafoodmarketand cafe, with a sizable dining area inside and out. To the west, at 130 E 17th St, Is the Horp Inn, an bar serving a full menu, and also with sizable indoor and outdoor dining areas. To the south, at 141 E 17th St, is a Miguel's Jr., a full-servicerestaurant, with many other restaurantswithin the some shoppingcenter. Venturing a little fartherafield, the shoppingcenterat the corner of 17th St and Newport Blvd has both Starbucks cafe and a JujuBor juice bar.

The juice bar will have proposed hoursof Gamthrough Bpm Monday through Friday, and Gamthrough Spm Saturday and Sunday, consistent with the gym, and will staff no more than 3 employees per shift. 260 E MOUNTAIN VIEW ST LONG ' BEACH CA 9o805 714. 553. 6875 NICHOLAS. COLEMANCOAYA. YALE. EDLJ -8-
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-053 Meeting Date: 2/20/2024
TITLE:

ADOPTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COSTA

MESA (CITY) AND THE COSTA MESA FIREFIGHTERS ASSOCIATION (CMFA) AND THE

ADOPTION OF ACCOMPANYING SALARY RESOLUTION FOR CMFA
DEPARTMENT: CITY MANAGER’S OFFICE- HUMAN RESOURCES DIVISION PRESENTED BY: KASAMA LEE, HUMAN RESOURCES MANAGER
CONTACT INFORMATION: KASAMA LEE, HUMAN RESOURCES MANAGER (714) 754- 5169
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and Adopt the Memorandum of Understanding between the City of Costa Mesa and CMFA.

2. Approve and Adopt Resolution Number 2024-XX revising the pay ranges for CMFA.

3. Authorize the City Manager and members of the City’s Negotiation Team to execute the Memorandum of Understanding documents.

BACKGROUND:

In March 2020, mid-way through the budget development process, the City was faced with the impacts of the worldwide coronavirus pandemic (COVID-19). As a result, numerous General Fund revenue sources were declining significantly, including tax revenues (e.g., sales tax, hotel tax, and business license tax, etc.).

At the July 21, 2020 City Council Meeting, a Side Letter Agreement with CMFA was approved to achieve the equivalency of a five percent (5%) furlough. The Side Letter Agreement also included the following key provisions:
· Equivalent of a 5% reduction to the flexible benefit contribution in FY 2020-21 · Extension of the current memorandum of understanding to June 30, 2024 · Guarantee of no layoffs in Fiscal Year 2020-21
· A one-time payment equivalent to reduction taken should the City receive stimulus funds in excess of $40.5 million
· Conversion to 14 day FLSA work period effective the pay period that includes July 1, 2022 · “Me Too” Clause for salary adjustments in FY 2022-23 and FY 2023-24

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File #: 24-053 Meeting Date: 2/20/2024
At the April 6, 2021 City Council meeting, the City Manager was authorized by City Council to enter into side letter negotiations for the sole purpose of eliminating the five (5%) percent furlough across all labor groups. Staff met with all of the City’semployee associations to negotiate the elimination of the furlough and reimbursement of salary and benefit cuts already incurred. An agreement was reached with CMFA to amend the 2020 side letters.

The current collective bargaining agreement between the City and CMFA covered years 2017-2024 and is scheduled to expire on June 30, 2024. A series of collaborative and productive meetings between the City’s designated negotiation team and CMFA’s negotiation team were held, which resulted in the attached tentative Memorandum of Understanding (Attachment I).

ANALYSIS:

The City’sNegotiation Team and CMFA Negotiation Team held several meetings to discuss the MOU and issues raised by both parties, including but not limited to wages and benefits. During the course of negotiations, the City Negotiation Team has met with the City Council to discuss the status and progress of negotiations and to receive direction specific to provisions under consideration. The negotiations were fully collaborative and were based on the shared interests of the CMFA employees and the City. The results of the negotiations have been compiled in a proposed Memorandum of Understanding.

The proposed Memorandum of Understanding takes into consideration specific objectives that align with the City Council’sStrategic Plan Goals - Recruit, Retain High Quality Staff and Strengthen the Public’sSafety and Improve Quality of Life and the City’scurrent financial health as the proposed provisions have financial implications. A summary of the most significant MOU revisions is included below.

The following are the key provisions of the negotiated CMFA MOU:
· Term of MOU. Upon City Council adoption, the term of the MOU will be July 1, 2024 - June 30, 2027
· Salaries and Wages
o Effective July 2024, a 5% increase
o Effective July 2025, an additional 3.75% increase
o Effective July 2026, an additional 3.75% increase
· Cost Sharing and Retirement Contributions
o Effective July 2024 an increase of 1.25% of employee cost sharing (for a total employee cost sharing of 5%, and a total employee contribution of 14%), which will require future City Council approval to amend the City’scurrent cost sharing agreement with CalPERS via Government Code 20516(a).
· Recruitment and Retention Pay
o Effective July 2024, 7.5% for 20 years of sworn service o Effective July 2025, 5% for 15 years of sworn service o Effective January 2026, 2.5% for 10 years of sworn service

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File #: 24-053 Meeting Date: 2/20/2024
· Specialty Assignment Pay
o Additional 10% paramedic assignment pay for a Fire Engineer or Fire Captain for maintaining paramedic certification when administratively assigned to EMS Management
· Education Pay/Certification Pay
o Removal of BS/BA/120 units pay from the Certification program and set up as a separate education pay at 2.5% of top step Captain for BA and $180 for 120 units. o Include additional certifications as part of the Certification program with no increase to the current maximum.

The CMFA Negotiation Team has reached a tentative agreement. The CMFA ratification process was completed with a unanimous vote as of February 2, 2024.

ALTERNATIVES:

The parties to this agreement considered a variety of issues in the context of good faith negotiations in accordance with Government Code Section 3500, et seq. (Meyer-Milias-Brown Act). The CMFA members have ratified the tentative agreement. This MOU represents the successful conclusion of labor negotiations, and alternatives need not be considered as a result of collaborative efforts expended.

FISCAL REVIEW:

The Fiscal Impact Analysis prepared pursuant to the City Council Policy 300-8 Transparency in Labor Negotiations recognizes the CMFA Fiscal Year 2024-2025 increase is estimated at $1.5 million that will take effect during the payroll cycle inclusive of July 1, 2024, and will be included in the Fiscal Year 2024-2025 budget. The estimated annual fiscal impact to the City’sfuture budget is $0.9 million, and approximately $3.2 million for the life of the contract.

LEGAL REVIEW:

The City’s special counsel, Liebert Cassidy Whitmore (LCW) and City Attorney’s Office have reviewed the agreements and resolutions and this report and approved them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

The proposed MOU and salary range adjustments support the City’sStrategic Plan Goals To Recruit and Retain High Quality Staff and Strengthen the Public’s Safety and Improve the Quality of Life.

CONCLUSION:

Staff recommends the City Council:

1. Approve and Adopt the Memorandum of Understanding between the City of Costa Mesa and CMFA.

2. Approve and Adopt Resolution Number 2024-XX revising the pay ranges for CMFA.

3. Authorize the City Manager and members of the City’s Negotiation Team to execute the

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File #: 24-053 Meeting Date: 2/20/2024

3. Authorize the City Manager and members of the City’s Negotiation Team to execute the Memorandum of Understanding documents.

772
Attachment
1 RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS

REPRESENTED BY THE COSTA MESA FIREFIGHTERS ASSOCIATION PURSUANT TO THE 2024 – 2027 MEMORANDUM OF UNDERSTANDING.

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

WHEREAS, the Parties are currently parties to a Memorandum of Understanding (MOU) with a term that expired on June 30, 2021, but was extended by a side letter to expire on June 30, 2024; and
WHEREAS, on March 21, 2023, the City Council adopted Resolution No. 2023-09 revising the pay ranges for job classifications represented by the Costa Mesa Firefighters Association; and
WHEREAS, the Parties have negotiated modifications to wages and benefits that modify the provisions of the MOU and this Resolution is intended to reflect those changes; and
WHEREAS, the City Council desires to repeal and replace Resolution No. 2023 - 09 to revise the pay ranges for classifications specified herein; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

SECTION 1. The following pay ranges and monthly rates of pay for the identified job classifications are hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes July 1, 2024. The monthly rate of pay may also be in increments between the monthly minimum and maximum pay steps.

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0211 Firefighter 191 $6,731 $7,068 $7,421 $7,792 $8,182 $8,591 $9,021 Monthly $80,772 $84,816 $89,052 $93,504 $98,184 $103,092 $108,252 Annual $27.74 $29.13 $30.58 $32.11 $33.72 $35.40 $37.17 Hourly (56 hr) $38.83 $40.78 $42.81 $44.95 $47.20 $49.56 $52.04 Hourly (40 hr)

773
Attachment
1 Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0212 Fire Engineer 200 $7,773 $8,162 $8,570 $8,999 $9,449 $9,921 $10,417 Monthly $93,276 $97,944 $102,840 $107,988 $113,388 $119,052 $125,004 Annual $32.03 $33.63 $35.32 $37.08 $38.94 $40.88 $42.93 Hourly (56 hr) $44.84 $47.09 $49.44 $51.92 $54.51 $57.24 $60.10 Hourly (40 hr)

0213 Fire Captain 214 $8,980 $9,429 $9,900 $10,395 $10,915 $11,461 $12,034 Monthly $107,760 $113,148 $118,800 $124,740 $130,980 $137,532 $144,408 Annual $37.01 $38.86 $40.80 $42.84 $44.98 $47.23 $49.59 Hourly (56 hr) $51.81 $54.40 $57.12 $59.97 $62.97 $66.12 $69.43 Hourly (40 hr)

SECTION 2. The following pay ranges and monthly rates of pay for the identified job classifications are hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes July 1, 2025. The monthly rate of pay may also be in increments between the monthly minimum and maximum pay steps.

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0211 Firefighter 191 $6,984 $7,333 $7,700 $8,085 $8,489 $8,913 $9,359 Monthly $83,808 $87,996 $92,400 $97,020 $101,868 $106,956 $112,308 Annual $28.78 $30.22 $31.73 $33.32 $34.98 $36.73 $38.57 Hourly (56 hr) $40.29 $42.31 $44.42 $46.64 $48.98 $51.42 $53.99 Hourly (40 hr)

0212 Fire Engineer 200 $8,065 $8,468 $8,891 $9,336 $9,803 $10,293 $10,808 Monthly $96,780 $101,616 $106,692 $112,032 $117,636 $123,516 $129,696 Annual $33.23 $34.90 $36.64 $38.47 $40.40 $42.42 $44.54 Hourly (56 hr) $46.53 $48.85 $51.29 $53.86 $56.56 $59.38 $62.35 Hourly (40 hr)

0213 Fire Captain 214 $9,316 $9,782 $10,271 $10,785 $11,324 $11,890 $12,485 Monthly $111,792 $117,384 $123,252 $129,420 $135,888 $142,680 $149,820 Annual $38.39 $40.31 $42.33 $44.44 $46.66 $49.00 $51.45 Hourly (56 hr) $53.75 $56.43 $59.26 $62.22 $65.33 $68.60 $72.03 Hourly (40 hr)

774
Attachment
1 SECTION 3. The following pay ranges and monthly rates of pay for the identified job classifications are hereby established and placed under the Basic Salary Administration Plan effective the pay period that includes July 1, 2026. The monthly rate of pay may also be in increments between the monthly minimum and maximum pay steps.

Class Class Title Grade Step
Code 1 2 3 4 5 6 7
0211 Firefighter 191 $7,248 $7,610 $7,990 $8,389 $8,808 $9,248 $9,710 Monthly $86,976 $91,320 $95,880 $100,668 $105,696 $110,976 $116,520 Annual $29.87 $31.36 $32.93 $34.57 $36.30 $38.11 $40.01 Hourly (56 hr) $41.82 $43.90 $46.10 $48.40 $50.82 $53.35 $56.02 Hourly (40 hr)

0212 Fire Engineer 200 $8,368 $8,786 $9,225 $9,686 $10,170 $10,679 $11,213 Monthly $100,416 $105,432 $110,700 $116,232 $122,040 $128,148 $134,556 Annual $34.48 $36.21 $38.02 $39.91 $41.91 $44.01 $46.21 Hourly (56 hr) $48.28 $50.69 $53.22 $55.88 $58.67 $61.61 $64.69 Hourly (40 hr)

0213 Fire Captain 214 $9,667 $10,150 $10,657 $11,190 $11,749 $12,336 $12,953 Monthly $116,004 $121,800 $127,884 $134,280 $140,988 $148,032 $155,436 Annual $39.84 $41.83 $43.92 $46.11 $48.42 $50.84 $53.38 Hourly (56 hr) $55.77 $58.56 $61.48 $64.56 $67.78 $71.17 $74.73 Hourly (40 hr)

SECTION 4. The City of Costa Mesa has contracted with the California Public Employees Retirement System (CalPERS) to provide retirement benefits to eligible City employees. Employees will contribute towards the employee and employer contribution as stipulated in the Memorandum of Understanding (MOU) and Side Letter with the Costa Mesa Firefighters Association. There will be no Employer Paid Member Contribution (EPMC).

SECTION 5. All parts of resolutions in conflict herewith are hereby rescinded.

775
Attachment
1 PASSED AND ADOPTED this 20th day of February, 2024.

______________________________
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. 2024-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 20th day of February, 2024, 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 21st day of February, 2024.

__________________________
Brenda Green, City Clerk

(SEAL)

776
Attachment
2 MEMORANDUM
OF

UNDERSTANDING

Between The Representatives Of The
Costa Mesa Firefighters Association
And The City of Costa Mesa

2024
2027
777

TABLE OF CONTENTS

PAGE
ARTICLE 1 RECOGNITION/PREAMBLE 3
ARTICLE 2 TERM OF AGREEMENT 4
ARTICLE 3 BASIC SALARIES AND WAGES 4
ARTICLE 4 PROMOTIONS 4
ARTICLE 5 HEALTH INSURANCE 4
ARTICLE 6 RETIREMENT 5
ARTICLE 7 RETIREE MEDICAL PROGRAMS 7
ARTICLE 8 HOLIDAY PAY BANK 7
ARTICLE 9 BILINGUAL PAY 7
ARTICLE 10 LEAVE REPLACEMENT AND OVERTIME PAY 8
ARTICLE 11 UNIFORM MAINTENANCE ALLOWANCE 8
ARTICLE 12 STAFFING LEVELS AND WORK SCHEDULE 9
ARTICLE 13 BENEFIT REVIEW COMMITTEE 9
ARTICLE 14 LABOR/MANAGEMENT MEETINGS 9
ARTICLE 15 HOURS POOL RECONCILIATION 9
ARTICLE 16 TUITION REIMBURSEMENT 9
ARTICLE 17 SPECIALTY ASSIGNMENT PAY 10
ARTICLE 18 RECRUITMENT AND RETENTION INCENTIVE PAY 10
ARTICLE 19 FIRE ADMINISTRATION ASSIGNMENT 10
ARTICLE 20 ASSOCIATION VACATION BANK 11
ARTICLE 21 SICK LEAVE INCENTIVE PROGRAM 11
ARTICLE 22 LONG TERM DISABILITY 11
ARTCILE 23 EDUCATION PAY 12
ARTICLE 24 CERTIFICATION PROGRAM 12
ARTICLE 25 LAYOFF PROCEDURES 14
ARTICLE 26 LEAVES OF ABSENCE 14
ARTICLE 27 FITNESS ANALYSIS TESTING 16
ARTICLE 28 DISABILITY DISCRIMINATION 17
ARTICLE 29 COMPUTER AND INTERNET USE 17
ARTICLE 30 DRUG TESTING FOR FIRE ENGINEERS 17
ARTICLE 31 GRIEVANCE PROCEDURES 17
ARTICLE 32 DISCIPLINARY PROCEDURES 18
ARTICLE 33 RETURN TO WORK POLICY 23
ARTICLE 34 MAXIMUM AGE FOR PUBLIC SAFETY EMPLOYEES 23
ARTICLE 35 MEET AND CONFER IN GOOD FAITH 23

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ARTICLE 1 -RECOGNITION/PREAMBLE

1.1 By resolution of the City Council of the City of Costa Mesa and pursuant to the provisions of the Meyers-Milias-Brown Act, Section 3500 et. seq. of the California Government Code, the City of Costa Mesa (hereinafter called the "City") has recognized the Costa Mesa Fire Association (hereinafter called the "Association" or “CMFA”) as the exclusive representative and agent for collective bargaining of the sworn members of the City of Costa Mesa Fire Department (hereinafter "Department" or "Fire Department") in the unit of representation consisting of the job class ifications of Firefighter, Fire Engineer and Fire Captain, excluding all non-sworn Fire Department employees. The Association and the City are the Parties to this agreement and are jointly recognized herein as "The Parties."

1.2 This Memorandum of Understanding (MOU) has been prepared by representatives of the City and representatives of the Association who have met and conferred in good faith, examining a number of proposals and counter proposals concerning wages, hours of employment, fringe benefits and other terms and conditions of employment for the said sworn employees of the Fire Department defined in Section 1.1.

1.3 It is the mutual understanding of the City and Association that this MOU shall be submitted to the Costa Mesa City Council with the joint recommendation of the parties that the terms of this MOU be adopted and that said City Council will take such other action as may be needed to implement its provisions.

1.4 The City and the Association hereby acknowledge that the terms and conditions of this MOU may not cover all of the terms and conditions of employment applicable to a member of the unit of representation covered by this MOU. These parties further acknowledge that any term or condition of employment which is not expressly covered herein, but is covered by existing ordinances, resolutions, policies and regulations of the City, including the Personnel Rules and Regulations presently in effect shall be controlled by the existing provisions of said ordinances, resolutions, policies and regulations to the extent that said policies and regulations do not change, abrogate, modify or amend any express term of this MOU.

1.5 The wages, hours and other terms and conditions of employment currently in effect for the job classifications covered herein shall remain in effect unless modified, amended or deleted by this MOU or subsequent MOUs, or unless a tribunal of competent jurisdiction holds that any part of this MOU is found to be insufficient, in conflict or inconsistent with other la ws or contractual obligations of the Parties, or otherwise held to be invalid, unlawful or unenforceable, in which case such part or provision, and only such part or provision, shall be severed from this MOU or shall be suspended or superseded by such applicable laws and regulations. If such legal severance invalidates a benefit defined herein, said benefit shall be replaced by an item or alte rnative benefit of comparable value to the extent allowed by law. The Parties shall meet and confer in good faith to determin e the replacement, or if any replacement is possible.

1.6 The Parties hereby agree that all of the material terms and conditions of previous MOUs are hereby superseded by the adoption of this MOU.

1.7. For the term of this MOU, neither party shall be compelled to meet and confer with the other concerning any issue within the scope of representation of the Association. Each Party to this MOU hereby expressly waives its right to demand that the other Party meet and confer concerning any issue within the scope of representation of the Association. However, nothing in this MOU shall prohibit these Parties from exploring the possibility of amending this agreement over any issue within the scope of representation of the Association, if, and only if, both Parties hereto mutually agree to do so.

1.8 Continuous uninterrupted and efficient service to the community of Costa Mesa by the City and its employees, and orderly employer-employee relations are essential considerations of this MOU. Accordingly, the Association agrees on behalf of itself and its members, individually and collectively, that there shall not be any strikes, non -informational picketing, boycotting, work stoppages, slow-down strikes or any other concerted job actions constituting refusal to render services, including overtime or any other curtailment or restriction of work and services at any time during the term of this MOU.

1.9 The Association recognizes its duty and obligation to comply with the provisions of Section 1.8 of this MOU and to make every reasonable effort to assure that all employees covered by this MOU similarly do so. In the event of any concerted activity by employees in violation of the provisions of Section 1.8, the Association hereby agrees to direct its members to c ease said action or conduct forthwith. No employee covered by this MOU shall be entitled to any benefits or wages whatsoever while engaged in activities prohibited by Section 1.8 of this MOU.

1.10 Except as modified by this agreement, all rights to manage, organize, direct and control the City's Fire Department are retained exclusively by the City and its management personnel.

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ARTICLE 2 - TERM OF AGREEMENT

2.1 TERM - The MOU will commence on July 1, 2024 and will expire on June 30, 2027.

ARTICLE 3 - BASIC SALARIES AND WAGES

3.1 COMPENSATION - Employees covered by this Agreement shall be compensated at the established monthly base salary rates under the Basic Pay Schedule for sworn fire personnel. All positions under this Schedule shall be assigned a range number established by the City Council resolution.

3.2 SALARY ADJUSTMENTS - Salary adjustments for each classification will be implemented as follows:

Increase of 5% effective the payroll that includes July 1, 2024 Increase of 3.75% effective the payroll that includes July 1, 2025 Increase of 3.75% effective the payroll that includes July 1, 2026

3.3 MANDATORY DIRECT DEPOSIT - All association employees shall be required to enroll in payroll direct deposit.

Paychecks will be electronically paid to an employee’s bank account. Upon separation, employees will be paid with a physical paycheck that will be held in the Human Resources Division.

ARTICLE 4 - PROMOTIONS

4.1 RATE OF PAY - Current administrative regulations provide that when an employee is promoted that the promotee shall be placed at a step within the appropriate salary range for the new classification that pays at least 5% higher than th e rate of pay earned prior to the promotion, provided that the promotee's new rate of compensation does not exceed the top step of the new position's appropriate salary range. In making this determination, “the rate of pay earned prior to the promotion” shall include any paramedic assignment payments to any Firefighter who is receiving such assignment pay and who is promoted to Fire Engineer.

ARTICLE 5 - HEALTH INSURANCE

5.1 IRS SECTION 125 BENEFIT PLAN - The City shall provide the amount listed below toward the payment of premiums under an IRS Section 125 Benefit Plan. Core benefits include life and long term disability insurance. Medical insurance is a required core benefit which a City employee is required to carry if a City employee is not covered by another medical insurance plan with comparable coverage at the end of the open enrollment period.

5.2 PEMHCA - The City contracts with the California Public Employees’ Retirement System (“PERS”) for medical insurance. The City will contribute the PERS statutory minimum on behalf of each participant in the program, which is included in the City’s Contribution to the flexible benefit account described below. Eligible employees may select any of the medical insurance plans offered by CalPERS.

5.3 CONTRIBUTION AMOUNT - The City’s contribution towards each employee’s flexible benefit account is as follows:

Effective on the first day of the month following City Council approval of this MOU – two thousand one hundred and nineteen dollars ($2,119.00) per month. This amount is inclusive of the CalPERS statutory minimum amount for each year.

5.4 WAIVER OF INSURANCE/ CASH B ACK FROM THE CITY - An employee who elects to opt out of medical coverage offered by the City must be able to provide proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California).

Any employee in the unit who either opts out of health insurance or selects benefits which cost less than the dollars contrib uted by the City to each employee for flexible benefits as provided in Article 5.3 above ($2,119 pe r month) can receive up to a maximum of one thousand and sixty dollars ($1,060) as cash.

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5.5 QUALIFICATION FOR FLEX CONTRIBUTION - Employees must receive compensation for the entire pay period to receive the flexible benefit contribution amount. Use of accrued leave qualifies as compensation for this purpose. Employees will be ineligible for the flexible benefit contribution if the employee records absence without pay hours within the pay period.

Catastrophic illness leave donations to employees w ill not meet the qualifications for the flex contribution. Disciplinary actions will not disqualify an employee from receiving the flex contribution. This provision shall not apply to a pay period during which an employee has exhausted all paid leave benefits. Its application shall take effect the following pay period.

ARTICLE 6 - RETIREMENT

6.1 CALPERS The City contracts with CalPERS for retirement benefits. The definitions of “new member” and “classic member” are set forth below:

A. For “Classic Member” Employees

1. Retirement Formula: The City contracts with CalPERS to provide the 3% at 50 retirement formula (Tier 1) for all employees hired before December 31, 2012 as set forth in California Government Code Section 21362.2.

For employees hired on or after December 31, 2012 who are classic members as defined, the City contracts with CalPERS to provide the 2% at 50 retirement formula (Tier 2) as set forth in California Government Code Section 21362.

2. Retirement Benefit Calculatio n Period: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for which “classic member” employees hired prior to December 31, 2012 in the unit are included per Government Code section 20042. The retirement benefit is based on the highest annual compensation for the one year during the employee's membership in CalPERS. For employees hired on or after December 31, 2012 who are classic members as defined, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of their retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 20037.

3. Payment of Employee/Member Contribution:

a. Tier 1 Employees Subject to the 3%@50 formula:

Employees will pay the full nine percent (9%) CalPERS member contribution as compensation earnable towards their CalPERS member contribution. The City shall pay and report zero percent (0%) as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.

b. Tier 2 Employees Subject to the 2%@50 formula:

Employees pay the full nine percent (9%) CalPERS Member Contribution. The City pays and reports zero percent (0%) as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.

The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

4. Cost Sharing:

a. Effective at the beginning of the pay period which includes July 1, 2024, employees in tier 1 subject to the 3%@50 formula pay an additional five percent (5%) for cost sharing into their employee account with PERS in accordance with Government Code section 20516(a). When this five percent (5%) is added to the employees’ payment of nine percent (9%) towards their member contribution, employees shall p ay fourteen percent (14%) compensation earnable towards their pension.

781

b. Effective at the beginning of the pay period which includes July 1, 2024, employees in tier 2 subject to the 2%@50 formula pay additional an additional five percent (5%) for cost sharing into their employee account with PERS in accordance with Government Code section 20516(a). When this five percent (5%) is added to the employees’ payment of nine percent (9%) towards their member contribution, employees shall pay fourteen percent (14%) compensation earnable towards their pension.

B. For “New Members” (Tier 3) As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)

1. Retirement Formula: Unit members who are defined as “new members” under the PEPRA, are covered by the

2.7%@ 57 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.25(d).

2. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA such employees’ final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of their retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).

3. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensur e that the employee contribution is made on a pre-tax basis.

4. Cost Sharing:

a. Employees who are defined as “New Members” by the PEPRA and who subject to the 2.7%@57 will pay one quarter percent (0.25%) compensation earnable as cost sharing in accordance with Government Code section 20516(f).

Notwithstanding the above, subsequent to July 1, 2024, the cost share payment for PEPRA employees will fluctuate if the normal cost rate changes. If the half the normal cost rate reduces below thirteen and three quarters percent (13.75%), the cost share (per Government Code section 20516(f) will go up so that when combined with the half the normal cost rate, the employee is paying a total of fourteen percent (14%) for retirement. If the half the normal cost rate increases above thirteen and three quarters percent ( 13.75%), the cost share (per Government Code section 20516(f) will go down so that when combined with the half the normal cost rate, the employee is pay ing a total of fourteen percent (14%) for retirement. If the half the normal cost rate goes above fourteen percent (14%), there will be no cost share payment due from the PEPRA new member (Tier 3) employees. Rather, the employee will just pay the applicable half the normal cost rate as determined by CalPERS.

If one-half the normal cost rate exceeds fourteen percent (14%) (and it is rounded by CalPERS to the nearest one-quarter of a percent), the City will contribute the amount above fourteen percent (14%) to the deferred compensation account (per IRS Code section 457(b)) of each new member.

6.2 CalPERS CONTRACT - The City will continue to provide pension benefits to represented employees in accordance with the CalPERS contract in effect on the effective date of this MOU. The City's contract with CalPERS for fire safety employees includes the following options:

 Section 20037 (Three Year Final Compensation, only applies to Tier 2)  Section 20042 (One Year Final Compensation, only applies to Tier 1)  Section 20516 (Employee Cost Share, only applies to Tier 1)  Section 20965 (Credit for Unused Sick Leave)
 Sections 21624/21626 (Post-Retirement Survivor Allowance, only applies to Tier 1)  Section 21620 (Retired Death Benefit of $500)
 Section 21329 (COLA of 2%)

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 Section 21362.2 (3% @ 50 Benefit Formula, only applies to Tier 1)  Section 21362 (2% @ 50 Benefit Formula, only applies to Tier 2)  Section 20903 (Two Years Additional Service – Golden Handshake)  Section 21635 (Post-Retirement Survivor Allowance Continues After Remarriage)  Section 21573 (Third Level of 1959 Survivor Benefits)  Section 21551 (Death Benefit Continues After Remarriage)  Section 20055 (Credit for Service Before CalPERS Contract)  Section 20938 (Limited Prior Service Credit to Employees on Contract Date)  Section 21536 (Local System Service Credit for Basic Death Benefit)  Section 20481 (Transfer of Local System Assets to CalPERS)  Section 21427 (Disability Retirement - Maximum 50% of Final Compensation)  Section 21024 (Military Stats 76)
 Section 21023.5 (Peace Corps/AmeriCorps Service)
 Section 21022 (Public Service Layoff)
 Section 21548 (Pre-Retirement Option 2W)
 Section 21027 (Military Retiree)
 IRC 414(h)(2) (Pre-tax payroll deduction plan for member contributions and service credit purchase)

ARTICLE 7 - RETIREE MEDICAL PROGRAMS

7.1 RETIRED EMPLOYEES’ MEDICAL PROGRAM - The City shall continue to provide life and medical insurance for retired employees of the City as defined in Council Policy 300 -1 for employees hired before January 2, 2004. Employees hired after January 1, 2004 who have funds on deposit in the Retirement Health Savings plan (contributions to which have been suspended) will maintain those funds.

ARTICLE 8 - HOLIDAY PAY BANK

8.1 CASH PAYMENT - At the end of any pay period during the calendar year, employees may elect to receive a cash payment for earned holiday benefits up to a maximum of 145.6 hours per calendar year. Employees hired after January 1 of each year are eligible for holiday pay on a pro rata basis during the calendar year based on the established City holiday schedule. If an employee separates from the service of the City and has been paid for holiday pay in advance of the date(s) or day(s) the holidays actually occurred, the City will deduct the cash value for the holiday benefits paid, but unearned at the time of separation from the employee's final paycheck.

8.2 ADDITIONAL HOLIDAY - If the City provides an additional holiday to any other employee group during the term of this contract, the City will also provide the cash value of that additional holiday to the members of CMFA.

ARTICLE 9 - BILINGUAL PAY

9.1 BILINGUAL CERTIFICATION - Bilingual pay for members of the Association will be 5% or 2.5% of the top step base salary for the Fire Engineer classification and shall be paid in addition to all other compensation to those sworn personnel who are certified as bilingual. Employees currently compensated above the 5% rate will be “grandfathered” until recertification. Fire Administration (Management Analyst, Administrative Captain) will keep records of the individuals who elect to receive bilingual training and those who receive bilingual pay. The City will pay for bilingual training or for the bilingual skill, but not both.

Employees may be tested by the Human Resources Division annually as to their language proficiency in order to maintain eligibility for bilingual pay. The City will pay for one test per year per employee. An employee may take the test more than once during the calendar year at their own expense.

9.2 SECOND LEVEL OF PROFICIENCY - There is a second level of proficiency, designed for employees who are capable of “speaking only” and who shall receive 2.5% of top step Fire Engineer salary. Testing procedures will be determined and administered by the City. This level of proficiency is not intended to replace the “higher” 5 % level of proficiency or to “demote” employees currently receiving that level of benefit providing they maintain appropriate proficiency.

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9.3 QUALIFICATION FOR 2.5% CERTIFICATION - The following standard of spoken Spanish, Vietnamese , or American Sign Language is followed for the 2.5% Certification:
a. The applicant has the ability to create with language, recombining and adapting learned material to express personal meaning and can handle simple situations and transactions in the course of their work such as paramedic calls, explanation of procedures, obtaining personal information, symptoms and health history, instructions to victims and onlookers, among others.
b. The applicant is able to maintain simple face -to-face conversations, asking and answ ering questions regarding everyday survival on topics most related to self and immediate work environment; courtesy requirements, and personal needs during the course of routine calls not likely to be of a life or death nature. c. The applicant can be understood with some repetition by a sympathetic native speaker. d. The applicant demonstrates mastery of work-related vocabulary including: time, days of the week, months, family members, parts of the body, motions and states, greetings, home and community, food and beverages, alphabet and numbers, vehicles, simple commands, interrogatory words, etc. e. Accuracy is required in the present tense and gender distinctions. f. Core vocabulary of 300-600 words.

9.4 QUALIFICATIONS FOR 5% CERTIFICATION - In addition to Article 9.3 above, the 5% Certification requires:
a. Accuracy in present and past tenses.
b. Core vocabulary of 600-1200 words.
c. Exhibits good pronunciation, stress, and intonation skills as judged by the ability to be understood with little repetition or confusion by native speaker.
d. Ability to interview the victim of an accident, fire, or other situation involving a native speaker of Spanish and the conduct simple interrogations and investigations which could be of a life or death nature. e. Ability to understand description , narration, main ideas and details on a variety of topics beyond the immediate situation.

ARTICLE 10 - LEAVE REPLACEMENT AND OVERTIME PAY

10. 1 FLSA WORK PERIOD - The parties acknowledge and agree to document that the City has adopted a work period pursuant to 29 U.S.C. section 207(k) and 29 C.F.R. section 553.230(a) for CMFA members and that the work period is fourteen (14) days. Members will not be entitled to overtime under the Fair Labor Standards Act until they have worked more than 106 hours in this work period. Firefighters on light duty are not subject to this work period.

10.2 OVERTIME COMPENSATION - Neither sick leave, vacation leave nor hours off of work on leave in accordance with Labor Code section 4850 shall be regarded as hours worked for FLSA accounting purposes.

10.3 OVERTIME IF AN EMPLOYEE IS FORCE HIRED - Notwithstanding Articles 10.1.and 10.2, the parties agree that an employee who is force hired (i.e., when an employee without availability is required (forced) to work) to work an overtime shift shall be entitled to receive overtime compensation at time and a half at the regular rate of pay for the force hired hours.

10.4 CALL-BACK - Anytime an off duty employee is required to report for duty for staffing level requirements, emergencies, disasters, fire investigation responsibilities, or other department -related needs, that employee shall receive a minimum of two (2) hours at one and a half times the employee’s base salary rate. This does not apply to early reporting or “hold-overs”.

ARTICLE 11 – UNIFORM MAINTENANCE ALLOWANCE

11.1 The City provides uniforms for employees represented by the Association who are classic members as defined by the Pension Reform Act of 2013 (PEPRA). The City will continue to replace, repair and maintain uniforms worn in the line of duty.

The average cost of the uniforms/uniform allowances are reported as special compensation for retirement calculation purposes and is currently reported as $17 per pay period.

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ARTICLE 12 - STAFFING LEVELS AND WORK SCHEDULE

12.1 STAFFING - Any and/or all provisions of department staffing levels shall be subject to change based upon concurrence of the Fire Chief and the City Manager. Although the Fire Chief and/or City Manager shall solicit and consider Association perspectives regarding any such contemplated change, the solicitation and consideration of Association perspectives shall not be governed by the requirements of Government Code § 3500 et seq., the Meyers -Milias-Brown Act. Therefore, the Association clearly, knowingly, and unequivocally waives its rights to engage in the meet and confer process as a condition precedent to any changes.

ARTICLE 13- BENEFIT REVIEW COMMITTEE

13.1 BENEFIT REVIEW COMMITTEE - CMFA shall maintain two representatives on the City’s Benefit Review Committee. The Committee continually evaluates the City’s benefit programs and makes recommendations on plan changes, benefit levels, payroll deductions and the addition or deletion of plans. Participation on the Benefit Review Committee meets the City’s obligation to negotiate with CMFA on changes to the City’s group benefit plans unless CMFA determines that such changes are detrimental to the interest of its members.

ARTICLE 14 - LABOR/MANAGEMENT MEETINGS

14.1 TWICE PER YEAR - The City and CMFA agree to meet as needed not more than twice in a calendar year to discuss issues of mutual interest.

ARTICLE 15- HOURS POOL RECONCILIATION

15.1 ZEROING OF HOURS - The Association agrees to the current status of the hours pool figures upon verification and acknowledges its obligation and responsibility in maintaining accurate reporting and documentation. The zeroing of the hours pool shall occur annually from the members’ vacation bank hours. This zeroing shall occur at the end of the pay period in which all three (3) shifts normally reach zero in alignment with department shift movement due to shift bid process, followed by annual zeroing out one year from shift bid movement (on a date agreed to by the association and Fire administration). For “Exchanges of Time”; there will be an upper and lower threshold range of 96 hours up and 96 hours down for “open ended trades .” Should an employee be “outside” of this range, their ability to trade will be suspended until their trade status is back within range. Three times per year (one month prior to the zero out dates) there will be a report generated to ensure that no employee is outside of th is range. This report will be given to the Battalion Chief or their designee to ensure compliance. Open ended is defined as no payback day is scheduled.

ARTICLE 16 - TUITION REIMBURSEMENT

16.1 PASSING GRADE - Tuition, certification fees, and textbook costs involved in educational courses which may be taken by an employee and which pertain to their City employment, shall be reimbursed to said employee by the City. The employee participating must achieve a passing grade of a “C” or better, Credit/No Credit or a Certificate of Completion and should see that the Human Resources Manager receives a copy, where appropriate, of the employee’s grade(s) before any reimbursement.

16.2 REIMBURSEMENT AMOUNT - The City will reimburse up to a maximum of $1,500 per fiscal year for qualifying expenses.

16.3 ELIGIBLE CLASSES - Eligible classes that pertain to an individual’s City employment will include those that are job- related or those needed to complete a degree program. All courses or seminars related to any of the approved categories in the Certification Program are eligible for reimbursement.

16.4 REQUIRED APPROVAL - All claims for tuition reimbursement require the approval of Fire Administration before receiving the funds.

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ARTICLE 17 – SPECIALTY ASSIGNMENT PAY

17.1 PARAMEDIC PAY - Applicable to Fire Department personnel when assigned to the Mobile Intensive Care Division as follows:

 10.00% above the monthly pay step of Firefighter when first assigned  11.25% above the monthly pay step of Firefighter after the first license renewal as a City employee  12.50% above the monthly pay step of Firefighter after the second license renewal as a City employee  13.75% above the monthly pay step of Firefighter after the third license renewal as a City employee

State Mandated Change - Any employee receiving Paramedic certification pay will not be adversely affected should the State mandate a change in the duration of the license renewal period. Paramedics will receive the same incremental increases for license renewals.

Bonus - The City will pay a $500 bonus for the fourth and each and every subsequent license renewal.

ARTICLE 18 - RECRUITMENT AND RETENTION INCENTIVE PAY

18.1 RECRUITMENT AND RETENTION INCENTIVE PAY - Recruitment and Retention Incentive Pay is compensation to incentivize Fire Department sworn employees to remain with the City of Costa Mesa. Recruitment and Retention Incentive Pay shall be paid on a biweekly basis.

Employees in this bargaining unit who have been employed in a full-time classification that is represented by this bargaining unit (i.e. Firefighter, Fire Engineer and Fire Captain) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for twenty-five (25) years or more (with a maximum of 10 years in such a position outside of the City of Costa Mesa) shall receive recruitment and retention incentive pay of ten percent (10%).

Effective the payroll that inc ludes July 1, 2024, employees in this bargaining unit who have been employed in a full -time classification that is represented by this bargaining unit (i.e. Firefighter, Fire Engineer and Fire Captain) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for twenty (20) years or more (with a maximum of 10 years in such a position outside of the City of Costa Mesa) shall receive recruitment and retention incentive pay of seven an d a half percent (7.5%).

Effective the payroll that includes July 1, 2025, employees in this bargaining unit who have been employed in a full -time classification that is represented by this bargaining unit (i.e. Firefighter, Fire Engineer and Fire Captain) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for fifteen (15) years or more (with a maximum of 10 years in such a position outside of the City of Costa Mesa) shall receive recruitment and retention incentive pay of five per cent (5%).

Effective the payroll that includes January 1, 2026, employees in this bargaining unit who have been employed in a full -time classification that is represented by this bargaining unit (i.e. Firefighter, Fire Engineer and Fire Captain) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for ten (10) years or more (with a maximum of ten years in such a position outside of the City of Costa Mesa) shall receive recruitment and retention incentive pay of two and a half percent (2.5%).

Service in any classification other than Firefighter, Fire Engineer and Fire Captain will not count towards this purpose.

The parties agree, to the extent permitted by law, the compensation in this section is special compensa tion and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.

ARTICLE 19 - FIRE ADMINISTRATION ASSIGNMENT

19.1 PAY FOR ASSIGNMENT - An employee in the job classification of Firefighter, Fire Engineer and Fire Captain shall be entitled to compensation in the amount of ten percent (10%) over the assigned rate for their classification when permanently assigned by the Fire Chief to the Training, Safety and Professional Standards Manager position. An employee in the job classification of Fire Engineer or Fire Captain shall be entitled to compensation in the amount of ten percent (10%) over the assigned rate for their classification when permanently assigned by the Fire Chief to the Emergency Medical Services Manager position and shall also be 786

entitled to additional compensation in the amount of ten percent (10%) over the assigned rate for their classification for maintaining their paramedic certification. Only one employee may be assigned to the Training, Safety and Professional Standards Manager and Emergency Medical Services Manager positions (two employees total) at a time. Employees assigned to these positions will be placed on a forty (40) hour administrative assignment workweek.

ARTICLE 20 - ASSOCIATION VACATION BANK

20.1 CMFA HOURS BANK - The City agrees to maintain a vacation bank to be administered by the CMFA Board of Directors. The bank will be comprised of hours voluntarily donated by Association members. The City will notify CMFA when this bank reaches a positive balance in excess of $30,000.00 or a negative balance of $5,000.00 so donations can be appropriately adjusted.

ARTICLE 21 - SICK LEAVE INCENTIVE PROGRAM

21.1 ACCUMULATION LIMITS - Employees may accumulate up to a maximum of 672 hours of sick leave credit in a Primary Sick Leave Bank for each employee covered hereunder. Upon reaching this maximum number of accumulated sick leave hours, the employee's biweekly benefit of 6.72 hours will be distributed in the following manner:
a. At the employee’s option, one-half of the benefit will be:

1. Paid to the employee at the employee’s then current hourly base rate of pay.

OR

2. Converted into vacation hours.

b. The remaining one-half benefit will be placed in a Secondary Sick Leave Bank for the employee.

21.2 PRIMARY SICK LEAVE BANK - Hours in this bank may be used in accordance with the rules regarding sick leave use in general as defined in the City's Personnel Rules and Regulations..

21.3 SECONDARY SICK LEAVE BANK - If an employee has a Secondary Sick Leave Bank, hours in that bank will be used first in accordance with the rules regarding sick leave use. Hours in this bank may also be used in the event of a verified non- industrial disability which has resulted in an absence of 60 consecutive calendar days. In this event, sick leave in the Secondary Sick Leave Bank may be used for additional consecutive absences resulting from the disability; or it may be used to supplement LTD should that event occur. Additionally, an amount of sick leave equal to the hours used from an employee's Primary Bank for said disability may be transferred from the employee's secondary Bank to the Primary, provided that such transfer does not result in an excess of 672 hours in the employee's Primary Bank.

21.4 SEPARATION FROM CITY - Upon either separation from the City of Costa Mesa, with a minimum of 20 years of continuous honorable service; or eligibility for retirement benefits, (as defined in the benefit Plan applied for) the employee shall have the option of:

a. Being paid at their current hourly base rate for one-half of the sick leave in their Primary Sick Leave Bank. There shall be no cash payment for sick leave in the Secondary Sick Leave Bank, or

b. Alternatively, the employee can choose to apply all credited time in both their Primary and Secondary Sick Leave Banks toward service credit. In addition, if this alternative is selected, then the payoff indicated in 19.4a above becomes a survivor benefit, to be paid to their designated beneficiary.

ARTICLE 22 - LONG TERM DISABILITY

22.1 ELIGIBILITY - An employee is eligible for Long Term Disability (LTD) after thirty (30) calendar days. Once eligible for LTD pursuant to the terms and conditions of the LTD Plan, an employee may exercise the option of using accumulated vacation and sick leave in their Primary and Secondary Sick Leave Bank to supplement LTD payments up to an amount not to exceed 100% of monthly salary.

22.2 MEDICAL RETIREMENT - A permanent separation from service for disability shall be termed a “medical retirement” whether or not such separated employee receives benefits from either the Retirement Plan or LTD Plan.

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ARTICLE 23 – EDUCATION PAY

23.1. EDUCATION PAY – Employees employed in the job classifications of Firefighter, Fire Engineer and Fire Captain shall be entitled to compensation in the amount of two and a half percent (2.5%) of top step base salary for the Fire Captain classification for completion of a Bachelor’s degree. It is the intent of the parties that any degrees submitted are accredited by Western Association of Schools and Colleges, Council for Higher Education Accreditation, or pre-approved by the Fire Chief or designee. Payment for Associate’s and Master’s degree and unit equivalents are included in Article 24.

Effective the pay period that includes July 1, 2024, compensation for completion of a Bachelor’s degree or 120 units will no longer be part of the certification program or subject to the certification program maximum compensation per Article 24.

Employees who are receiving certification pay for completion of 120 units as of July 1, 2008 will cont inue to receive $180 per month. No new employees will receive education pay for completion of 120 units. Employees who are currently receiving certification pay for completion of 120 units and subsequently complete their Bachelor’s degree will be eligible for two and a half percent (2.5%) education pay and no longer receive compensation for 120 units.

ARTICLE 24 - CERTIFICATION PROGRAM

24.1 ELIGIBILITY - Employees employed in the classifications of Firefighter, Fire Engineer and Fire Captain will be eligible to participate in the Certification Program, based upon the following achievements and criteria.

24.2 CRITERIA

a. To become eligible for the Certification Program, employees must possess the Firefighter II certification.

b. The pays employees are eligible to obtain shall be cumulative provided the total maximum monthly award payable to any employee shall not exceed seven and a half percent ( 7.5%) of the top step base salary for the Fire Engineer classification (for employees who do not possess a degree) and seven and a half percent (7.5%) of the top step base salary for the Fire Captain classification (for employees that possess a degree). Employees may not receive certification pays for both a degree and their unit equivalencies (i.e. employee cannot receive pay for both 60 units and an Associate’s Degree).

c. The parties recognize that this program needs to be reviewed and updated on a periodic basis to ensure its vitality and relevance including reviewing any revisions to the California State Fire Training (SFT) course matriculation plans.

d. Potential certification equivalencies (i.e. FEMA, NWCG, etc.) will be considered and approved by the Fire Chief on a case-by-case basis.

e. Employees who possess a certification for a promotional classification are eligible for move-up assignments and pay.

f. For all certifications that have an SFT task book , employees will be required to complete the SFT task book or department specific task book as determined by the Fire Chief.

g. Employees must submit official documentation/transcripts/completed task books to Fire Administration confirming that they are in possession of the required certifications and degrees prior to receiving an award.

h. Fire Administration will be responsible f or notifying the Human Resources Division of the award qualification, upon verification that an employee has met the required criteria. The effective date of the certification pay will be the 1st day of the payroll in which Fire Administration received the official documentation. Should there be a delay in the receipt of a certification due to SFT, the effective date of the certification pay may be applied retroactively by the Fire Chief on a case-by-case basis.

i. To the extent permitted by Title 2 CCR Section 571 and 571.1, these pays shall be reported to PERS as “compensation earnable.”

j. It is the intent of the parties that any units/degrees submitted are accredited by Western Association of Schools and Colleges, Council for Higher Education Accreditation, or pre-approved by the Fire Chief or designee.

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24.3 MONTHLY AWARDS – The monthly awards are listed in the following chart.

Classification Certification/Degree Monthly Award
Firefighter
Fire Engineer
Fire Captain
Fire Investigator (eff 7/1/24)
Investigator II (prior to 7/1/24) 0.75%
Fire & Emergency Services Instructor 2 (eff 7/1/24)
Instructor II (prior to 7/1/24) 0.75%
Fire & Emergency Services Instructor 3 (eff 7/1/24)
Instructor III (prior to 7/1/24) 0.75%
Fire Inspector I (eff 7/1/24)
Prevention Officer II/Fire Inspector I (prior to 7/1/24) 0.75% Fire Inspector II (eff 7/1/24)
Prevention Officer III/Fire Inspector II (prior to 7/1/24) 0.75% Fire & Life Safety Educator (eff 7/1/24)
Public Education Officer (prior to 7/1/24) 0.75%
CMFR Certified Engineer (eff 7/1/24)
Driver/Operator I (prior to 7/1/24)
(Pump Apparatus – classes only, eff 7/1/24)
(Fire Apparatus/Operator Pump – classes only prior to 7/1/24)

1.25%

0.75%
(DOI)
Structural Collapse Specialist I (eff 7/1/24)
Rescue Specialist (Rescue Systems I & II prior to 7/1/24) 0.75% Confined Space Operational Technician
(Confined Space Rescue Technician & Trench Rescue Technician eff 7/1/24) (Confined Space Operational Trench Shoring prior to 7/1/24)

0.75%
Specialized Rescue Technician
(Common Passenger Vehicle Extrication, River & Flood Rescue Technician Haz Mat First Responder, ICS-200 eff 7/1/24)
(Vehicle Extrication, Swift Water Operational Technician, Haz Mat First Responder, ICS-200 prior to 7/1/24)

0.75%
Firing Operations (CA 219 or S219) (eff 7/1/24) 0.50%
Field Observer (S244) (eff 7/1/24) 0.50%
Safety Officer (S404) (eff 7/1/24) 0.50%
Firefighter Rescue and RIC Operations / Firefighter Survival (eff 7/1/24) 0.50% Fire Control III (eff 7/1/24) 0.50%
Structural Collapse Specialist II (eff 7/1/24) 0.50%
Firefighter II (prior to 7/1/08) $70
Company Officer (SFT Certified or CMFR Certified Captain) (eff 7/1/24) Fire Officer Certification/Company Officer (prior to 7/1/24) 1.75% Fire Captain Chief Fire Officer (SFT Certified or CMFR Certified) (eff 7/1/24) Chief Officer/Chief Fire Officer (prior to 7/1/24) 1.75% Firefighter Tiller 0.75%
Firefighter
Fire Engineer
Fire Captain
60 units $120
120 units (see Article 23) N/A
180 units $180
AS/AA Degree 1.75%
BS/BA Degree (see Article 23) N/A
MS/MA Degree 2.25%
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ARTICLE 25 - LAYOFF PROCEDURES

25.1 THIRTY (30) CALENDAR DAYS - In the event of a material change in the duties, mission or organization of the Costa Mesa Fire Department, or if a shortage of work or funds to operate the Fire Department develops, employees in the classified service may be laid off. Thirty (30) calendar days before the effective date of such a layoff, the a ppointing authority shall notify the Personnel Officer of the intended layoff, identifying any employee to be laid off and articulate the reasons therefore. Said employee shall be considered for re-employment as provided by the Personnel Rules and Regulations. If these layoff procedures result in the demotion of employees in rank (through bumping down), the last employee promoted shall be the first employee demoted. If position in rank becomes reinstated after demotion(s), then the last demoted will be the first promoted.

ARTICLE 26 - LEAVES OF ABSENCE

26.1 LEAVES OF ABSENCE ENTITLEMENT - For the purpose of computing entitlement to leaves of absence, an employee's continuous service shall be based on the effective date of initial probationary employment in the City service. S uch date shall be the employee's anniversary date for vacation and sick leave purposes subject to the provisions contained herein.

26.2 VACATIONS - The purpose of annual vacation leave is to enable each eligible employee annually to return to their work mentally refreshed. Any leave of absence without pay shall not accrue vacation leave for each full pay period of such absence.

a. Regular full-time employees in the classified service with an average work-week of fifty-six (56) hours shall accrue an annual vacation with pay in accordance with following provisions:

1. For one (1) year or m ore of continuous full -time service, such employee shall have accrued one hundred twenty-eight point eight (128.8) working hours per year.

2. Upon completion of three (3) years of but less than five (5) years of continuous full-time service, such employee shall accrue one hundred sixty two point four (162.4) working hours per year.

3. Upon completion of five (5) years, but less than ten (10) years of continuous full -time service, such employee shall accrue one hundred ninety-six (196) working hours per year.

4. Upon completion of ten (10) years, but less than fifteen (15) years of continuous full -time service, such employee shall accrue two hundred twenty-nine point six (229.6) working hours per year.

5. Upon completion of fifteen (15) years, but less than (20) years of continuous full-time service, such employee shall accrue two hundred sixty-three point two (263.2) working hours per year.

6. Upon completion of twenty (20) years of continuous full-time service, such employee shall accrue two hundred ninety-six point eight (296.8) working hours per year.

b. Maximum Accumulation of Vacation Leave

For employees assigned to the 56-hour suppression schedule

Years of Service Annual 56 hour Accrual Maximum Accrual 0-2 128.8 257.6
3-4 162.4 324.8
5-9 196 392
10-14 229.6 448
15-19 263.2 448
20+ 296.8 448

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For employees assigned to the 40-hour schedule

Years of Service Annual 40 hour Accrual Maximum Accrual 0-2 92 184
3-4 116 232
5-9 140 280
10-14 164 320
15-19 188 320
20+ 212 320

c. Vacation Leave Cash Outs

On or before the pay period which includes December 15 of each calendar year , an employee may make an irrevocable election to cash out up to one hundred and twelve (112) hours of accrued vacation (in whole hour increments) which will be earned in the following calendar year at the employee’s base rate of pay. On the pay day for the pay period which includes Thanksgiving in the following year, the employee will receive cash for the amount of vacation the employee irrevocably elect ed to cash out in the prior year. However, if the employee’s vacation leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out.

d. Vacation Leave – Vacation will be used in accordance with current accepted Fire Department procedures.

e. Terminal Vacation Pay - Upon termination, a permanent employee will receive compensation at their current rate for all unused earned vacation up to and including the date of termination.

26.3 SICK LEAVE - Sick leave shall be used in case of a bona fide illness of the employee upon approval. Sick leave may also be used for serious illness or emergency of their child, parent, spouse, registered domestic partner, grandchild, grandparent, sibling or designated person who is incapacitated and/or requires the service of a physician, and when the presence of the employee is required. The maximum number of hours that may be used for serious illness or emergency of their child, parent, spouse registered domestic partner, grandchild, grandparent, sibling or designated person is half of the employee’s annual accrual pursuant to Labor Code Section 233. At the conclusion of the emergency, said employee shall return to work as soon as possible.

The employee taking such sick leave shall notify their immediate supervisor prior to or within one -half (1/2) hour after the time set for the beginning of their daily duties, or as otherwise specified by the department. When absence for illness is for more than two (2) consecutive work shifts, the employee may be required to present a physician's certificate verifying the illness or a personal letter of explanation for ver ification purposes to the on -duty Battalion Chief indicating fitness to return to duty. The Battalion Chief shall then forward the certificate or verification to Fire Administration.

a. Sick Leave Eligibility - Fire Department Members having a regular or probationary appointment shall accrue sick leave credit at the rate of twenty six percent (26%) of the standard average work -week for each full month of continuous service if the employee has worked or has been on authorized leave of absence with pay. Any leave of absence without pay shall not accrue sick leave for each full pay period of such absence.

b. Accumulation Of Sick Leave - Sick leave may be accumulated to a maximum of 672 hours in the primary sick leave bank. The secondary sick leave bank has no maximum accrual. If the primary sick leave bank credit accumulation is at the maximum, the biweekly amount of sick leave accumulation credit the employee earns during that pay period will be calculated and the employee will be granted pay or additional vacation accumulation in an amount equal to one -half (1/2) of this differential credit . The remaining one -half (1/2) accumulation shall be credited to the secondary sick leave bank.

26.4 BEREAVEMENT LEAVE - Whenever an employee who is compelled to be absent from duty by reason of a death or critical illness where death appears imminent of father, mother, grandfather, grandmother, brother, sister, wife, husband, domestic partner or child of employee or spouse, such employee shall, upon approval of their department director, be entitled to charge such absence as “bereavement leave” to a maximum of three (3) consecutive work shifts days per occurrence. Any additional time that may be required would be charged to sick leave. The City Manager, upon written request, may grant bereavement leave for persons other than heretofore listed.

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26.5 LEAVE OF ABSENCE WITHOUT PAY - All paid leave must be exhausted prior to being granted leave without pay unless the employee is concurrently on a Family Care and Medical Leave or has reached the threshold for LTD eligibility. All paid leave must be exhausted prior to an employee being able to use catastrophic illness leave donations. Employees will not recei ve additional leave accruals while using catastrophic illness leave donations.

ARTICLE 27 - FITNESS ANALYSIS TESTING

27.1 MANDATORY TESTING - The City has a mandatory testing program for all employees represented by the Association with the exception of those members that may be on modified duty or are excused for medical reasons. Personnel on modified duty or excused for medical purposes shall be required to submit to the testing as soon as they are released to f ull duty. Failure to submit to the testin g will be considered a failure. All members will be required to choose which of the below two options they will be participating in for that calendar year at a predetermined date. A member will not be allowed to cha nge their selection until the following year.

Option One – Participate in the Santa Ana College Fitness Analysis: When a member chooses this option, they must pass the treadmill component with a minimum time of 10 minutes. Any member falling below the standard will immediately be subject to the provisions for test failure set forth below in Section 27.7.

Option Two - Participate in the Santa Ana College Physical Abilities Test: When a member chooses this option, they must complete the abilities test within 12 minutes. Any member with a time greater than 12 minutes will immediately be subject to the provisions for test failure set forth below in Section 27.7.

In cases where Santa Ana College refuses to test an employee, a letter from a testing facility/physician stating that the employee completed the required evaluation or test at a passing percentage for the physical fitness evaluation will be the required metho d of documentation.

27.2 PROGRESS TRACKED - The company officers, or a member designated by Fire Administration, shall track the progress of each member of their crew. Battalion Chiefs, or a member designated by Fire Administration, shall document the progress of each Captain under their command. Information regarding performance should be noted in annual performance reviews.

27.3 DOCUMENTATION METHOD - A letter from the testing facility stating that the member completed the evaluation or test at a certain percent for the physical fitness evaluation will be the method of documentation. No other information fr om the member shall be required by the City as proof.

27.4 START DATE - January 1 of each year will be the start date for that year’s program.

27.5 CITY COST - The City will pay for the cost of options one and two, and whenever operationally feasible, provide time on duty to be tested. If the member elects to be tested off-duty, the member will not be paid overtime for that time.

27.6 WORKERS’ COMP - The City will provide worker’s compensation coverage for all on-duty and off-duty testing.

27.7 TEST FAILURE - The following p rocess exists for failure of the Santa Ana College Fitness Analysis or Physical Ability Test:

First Failure - After the first failure, an expert in exercise (possibly an exercise physiologist) will design a six -month mandatory program to assist the individual in successfully attaining the minimum standard. A Captain or Battalion Chief will supervise this exercise program.

Second Failure - After the second consecutive failure, there will be another six-month mandatory supervised period.

Third Failure - After the third consecutive failure of the Santa Ana College Fitness Analysis or Physical Abilities test, the employee will be sent for a medical Fitness for Duty Exam paid by the City. Should the employee pass the Fitness for Duty Exam, the employee will continue in the mandatory supervised program for that year until such time that the employee passes the Santa Ana College Fitness Analysis or Physical Ability Test. Employees in this third situation will only be required to test on an annual basis. If the employee does not pass the Medical Fitness for Duty, the appropriate process will be initiated.

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ARTICLE 28 - DISABILITY DISCRIMINATION

28.1 DISCRIMINATION AVOIDANCE - Because the Americans with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”) require accommodations for individuals protected under the ADA, and because thes e accommodations must be determined on an individual case-by-case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination under ADA or FEHA relative to hiring, promotion, granting permanency, promotions, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

28.2 INTERACTIVE PARTICIPATION - The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of any proposed accommodations prior to implementation.

28.3 PAST PRACTICE - Any accommodation provided to an individual protected by the ADA or the FEHA, which are pursuant to ADA or FEHA, shall not establish a past practice, nor be cited or used as evidence of a past practice in any grievance/arbitration procedure.

ARTICLE 29 - COMPUTER AND INTERNET USE

29.1 CITY POLICY - Members of the Association agree to adhere to the City’s Computer Use and Internet Authorization Policies. The City will continue to maintain an Intranet bulletin board for Association use.

29.2 ASSOCIATION-PAID LINES - The City agrees that Association -paid phone lines, cable lines or other means paid for by the Association in fire stations can be used by members to gain Internet access with the understanding that such usage will be in a responsible, ethical and legal manner.

ARTICLE 30 - DRUG TESTING FOR FIRE ENGINEERS

30.1 REASONABLE SUSPICION - The City will conduct reasonable suspicion drug testing for Fire Engineers and random testing for entry -level probationary employees per the City’s Drug and Alcohol Policy Pursuant to the Department of Transportation Regulations.

ARTICLE 31 - GRIEVANCE PROCEDURES

31.1 SUPERCEDE RULES AND REGULATIONS -The following guidelines supersede Sections 3 and 4 of Rule 25, Grievance Procedure, of the City's Personnel Rules and Regulations.

31.2 DEFINITION - A "grievance" is a formal, written allegation by an aggrieved employee or the Costa Mesa Firefighters’ Association that an employee has been adversely affected in the terms and co nditions of their employment by violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding, department rules, standard operating procedures and/or provisions of the Personnel Rules and Regulations. Other m atters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope of this procedure. This procedure is not to be used in lieu of the Discipline Appe als Procedure.

31.3 PROCEDURE

a. Informal Resolution: Every effort shall be made to resolve a grievance through discussion between the employee and their immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervision. Within fifteen (15) calendar days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant’s immediate supervisor.

b. The supervisor must respond with the answer within (14) calendar days of the meeting.

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c. If the supervisor’s response does not result in an acceptable solution, the grievant and/or the Association may exercise its right to either proceed with the steps in this Grievance Procedure or waive the additional grievance steps and institute judicial proceedings.

d. Within fourteen (14) calendar days from the date of receiving the answer from their supervisor, the grievant may request and be granted an interview with the Deputy Chief or designee, in order to discuss the grievance further.

e. The Deputy Chief or designee must respond with the answer in writing within (14) calendar days of the meeting.

Within seven (7) calendar days from the date of receiving the answer from the division manager, the grievant may request, in writing, and be granted an interview with the Fire Chief or designee.

f. The Fire Chief or designee shall render their decision in writing within fifteen (15) calendar days of receiving the grievance. If the Fire Chief or designee and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) calendar days from the date of the decision by the department director, submit a written request with the City Manager or designee.

g. The City Manager or designee shall review the grievance and respond to the employee within twenty (20) calendar days of receiving the appeal. The City Manager or designee shall have the option of scheduling a meeting to hear the grievance, or a response shall be provided in writing. This will be considered an expression of management's viewpoint, and shall be the final administrative review.

h. If the time limits for further processing the employees' grievance at any step defined above should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent.

i. The employee may request the assistance of another person of their own choosing in preparing and presenting their appeal at any level of review. In the event the employee desires the presence of a representative who is an employee of the City, they shall make such request through the supervisor and the supervisor shall make the necessary arrangements for the employee representative to be present.

j. The employee and/or their representative may use a reasonable amount of work time as determined by the appropriate supervisor or department director in presenting the appeal. However, no employee shall absent themself without first being excused by their supervisor.

k. No employee shall be required to be represented by an employee organization in processing a grievance.

l. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization.

m. The settlement terms of a grievance that is processed b y an employee individually or by an informally recognized employee representative shall not conflict with the express provisions of a Memorandum of Understanding between the City and the formally recognized employee organization for such unit, if any.

n. A g roup grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document that all members of the group have read and signed. Members of t he group shall be limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance.

o. In the case of an alleged contract violation where the Association has been unsuccessful in its attempts to resolve the matter with authorized representatives of the City, the Association may exercise its right to institute judicial proceedings, and its failure to pursue this grievance procedure shall not be regarded as a failure to exhaust administrative remedies.

ARTICLE 32 - DISCIPLINARY PROCEDURES

32.1 SUPERCEDE RULES AND REGULATIONS - Any conflict or discrepancy between this Article and Rule 26 of the Personnel Rules and Regulations shall be clarified in accordance with this Article.

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32.2 BASIS FOR DISCIPLINARY ACTION - The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to m eet such standards shall be grounds for appropriate disciplinary action, which. shall be commensurate with the seriousness of the offense and with consideration of the employee’s prior performance record. Disciplinary action shall be based upon any of the following grounds:

a. Fraud in securing employment or making a materially false statement on an application for employment or on any supporting documents furnished with or made a part of any application.

b. Incompetency such as failure to comply with t he minimum standards for an employee's position for a significant period of time.

c. Neglect of duty, such as failure to perform the duties required of an employee's position.

d. Willful disobedience and insubordination such as a willful failure to submi t to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position.

e. Dishonesty involving employment.

f. Being under the influence of alcohol or intoxicating drugs while on duty without a prescription.

g. Abuse of alcoholic beverages, narcotics or any habit forming drug, in violation of the City’s drug testing policy.

h. Inexcusable absence without leave.

i. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section.

j. Discourteous treatment of the public.

k. Improper or unauthorized use of City property.

l. Violation of the rules and regulations of any department.

m. Any act of conduct undertaken which, either during or outside of duty hours, is of such a nature that it causes discredit to fall upon the City, the employee's department or division.

n. Failure to maintain proper conduct during working hours causing discredit to the employee's department or division.

o. Abuse of sick leave.

p. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City property.

q. Outside employment which conflicts with the employee's position and is not specifically authorized by the department head.

r. Acceptance from any source of any emolument, reward, gift or other form of re muneration in addition to the employee's regular compensation, as a personal benefit to the employee for actions performed in the normal course of the employee's assigned duties.

s. Falsification of any City report or record, or of any report or record required to be, or, filed by the employee.

t. Violation of any of the provisions of the City Code, ordinances, resolutions, or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department manager or supervisor.

u. Political activities precluded by Local, State or Federal law.

v. Other acts which are incompatible with service to the public.

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32.3 TYPES OF DISCIPLINE - The following procedures shall be followed when, in the judgment of the Fire Chief or designee, an employee has committed an act or omission that justifies disciplinary action. Except for written warnings/reprimands, the Fire Chief or designee shall advise employees of contemplated disciplinary actions in writing and allow the employee reasonable opportunity to respond to such charges prior to taking action.

When life, or employee safety, is endangered, or the self-control of an employee is questionable, a supervisor shall take immediate action to reduce or eliminate the danger or to establish control. In case of an emergency, an employee shall have all of the rights set forth herein except that in the discretion of the appointing authority, an employee may be placed on administrative leave with pay pending predisciplinary procedures. The City Manager or designee must be contacted immediately.

a. Warning/Reprimand - If the warning/reprimand is in writing, the Fire Chief or designee shall give the employee a copy and forward a copy to the City Manager or designee for review and retention in the employee's personal history file. A written warning/reprimand sha ll contain a description of the events which necessitated the action, specific expectations of change or improvement to be demonstrated by the employee, and notice of further action in the event a change by the employee does not occur. An employee shall have the right to attach a written rebuttal to this warning/reprimand.

b. Suspension - The Fire Chief or designee may suspend an employee with or without pay from their position.

The appointing authority shall advise the City Manager or designee in writing of such intended action and shall give a copy of such statement to the employee. The written statement shall be accompanied by copies of all materials relating to the subject of the proposed discipline and shall contain a description of the events which necessitated the suspension, a statement of the charges, the right of the employee to meet with the appointing authority and/or to respond in writing within a reasonable time frame to the charges, and notice of further action in the event a change by the employee does not occur. Unless extended by approval of the City Manager or designee on written recommendation of the Fire Chief or designee, the maximum period of suspension shall be thirty (30) calendar days.

c. Demotion or Reduction in Pay - The Fire Chief or designee shall advise the City Manager or designee in writing of their intention to demote or reduce the salary of an employee prior to taking such action. In demoting an employee or reducing their salary, the department director shall make a written notice and shall give a copy of said notice for demotion or reduction in pay to the employee and forward a copy to the City Manager or designee for review and retention in the employee’s personal history file. The written statement shall be accompanied by copies of all materials relating to the subject of the proposed discipline and shall contain a description of the events which necessitated the demotion, a statement of the charges, the right of the employee to meet with the appointing authority and/or respond in writing within a reasonable time frame to the charges, and notice of possible further action in the event a change or improvement by the employee does not occur.

d. Dismissal - The Fire Chief or designee shall advise the City Manager or designee in writing of their intention to dismiss an employee before taking such action. In dismissing an employee, the department director shall make a written notice and shall give a copy of said notice of dismissal to the employee and forward a copy to the City Manager or designee for review and retention in the employee's personal history file. The written statement shall be accompanied by copies of all materials relating to the subject of the proposed discipline and shall contain a description of the events which necessitated the dismissal, a statement of the charges, and the right of the employee to meet with the appointing authority and/or respond in writing within a reasonable time frame to giving the employee notice of the charges.

32.4 NOTICES - Written notices will be given to the employee in person whenever possible and the employee's signature obtained to indicate receipt. In the absence of personal service, the notice may be sent by registered mail .

32.5 EMPLOYEE'S RESPONSE - An employee's opportunity to respond to the appointing authority is not intended to be an evidentiary hearing. An employee has the right to have a representative of their own choosing at the meeting. The employee need not be accorded the opportunity to cross-examine a departments’ witnesses. However, the limited nature of this response does not obviate the appointing authority's responsibility to initiate further investigation if the employee's version of the facts raises doubts as to the accuracy of t he department director's information leading to the discipline proposal. An employee may elect not to respond, thereby waiving any further predisciplinary response.

The appointing authority will evaluate the proposed discipline in light of the employees response, if any. Within five (5) business days of the employee's response, or other deadline for response established by the parties, the decision of the appointing authority will be transmitted in writing to the employee. Service of the decision will be in person or by registered mail.

796

32.6 APPEAL PROCEDURES - Any permanent employee in the classified service shall have the right to appeal any termination or demotion. The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to verbal reprimands, performance evaluations and denial of merit increases.

An employee desiring to appeal the appointing authority's decision shall have ten (10) calendar days after receipt of the response to file an appeal. The employee's request for appeal must be addressed to the City Manager or designee and received in the Human Resources Division and date stamped by the Human Resources Division within the 10-day period.

If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the appointing authority shall be considered conclusive and shall take effect as prescribed. With respect to demotions and terminations, if, within the 10-day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Division, an advisory arbitration appeal hearing shall be established as follows:

a. The employee shall file a written request with the Human Resources Division for advisory arbitration.

b. At the initiation of this MOU and the beginning of each subsequent calendar year, a list of registered arbitrators will be certified by the parties. CMFA and the City shall each submit the names of five (5) arbitrators to complete a listing of ten (10) arbitrators. The arbitrators shall be registered with the American Arbitration Association, California State Conciliation Service or some other agreed upon source. If a new list of arbitrators is not certified prior to February 28th of each calendar year, then the previous year’s list of arbitrators will be carried over.

c. Within seven (7) calendar days of the employee's request for an arbitration appeals hearing, each party will strike three names from the established list. If a mutual agreement cannot be reached between the parties as to the selection of an arbitrator from the remaining four, the matter will be heard by the first available arbitrator wh o fits within the time frames of the process. The party to have the first opportunity to strike a name from the list of ten arbitrators shall be determined by lot. The priority of striking names shall alternate from one party to the other each time advisory arbitration is invoked by the same parties.

d. The selected arbitrator shall serve as the hearing officer.

e. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than 60 calendar days, from the date of the filing of the appeal with the City Manager or designee. The parties may stipulate to a longer or shorter period in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing and the identity of the hearing officer to whom the matter has been assigned.

f. All hearings shall be private, however, the employee may request to open the hearing to the public.

g. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the request of either party to the Hearing Officer, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.

h. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.

i. Each party shall have these rights: To be represented by legal counsel or other person of their choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called them to testify; and to rebut the evidence against them. If the employee does not testify in their own behalf, they may be called and examined as if under cross -examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary.

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j. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:

1. The party imposing discipline shall be permitted to make an opening statement;

2. The appealing party shall then be permitted to make an opening statement;

3. The party imposing disciplinary action shall produce the evidence on their part; the City bears the burden of proof and burden of producing evidence;

4. The party appealing from such disciplinary action may then open their defense and offer their evidence in support thereof, the employee bears the burden of producing evidence for any affirmative defenses asserted;

5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case;

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.

k. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. They shall base their findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in their discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, before or during a hearing, may grant a continuance for any reason they believe to be important to reaching a fair and proper decision. The hearing officer shall render their judgment as soon after the conclusion of the hearing as possible and in no event later than 30 days after conducting the hearing, absent a stipulation from the parties that a longer period of time is warranted. Their decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions.

l. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. They may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. They may not recommend discipline more stringent than that issued by the department director.

m. The record of the administrative hearing and the hearing officer's opinion and recommendation shall be filed with the City Manager or designee, with a copy sent t o the charged employee, and the City Manager or designee and shall set forth their findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.

n. The City Manager or designee shall read the administrative record of the hearing, review the hearing officer’s opinion and recommendation and then render a decision on the appeal within thirty days of the filing of said opinion and recommendation. The decision of the City Manager or designee shall be final and conclusive. Copies of the City Manager or designee’s decision, shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager or designee.

o. The City shall bear the cost to the parties for the facilities, fees and expenses of the hearing officer if the hearing officer is not an employee of the City. These fees also include the fee of the court reporter and the costs of preparing the transcripts of the hearing. Eac h party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process may not apply to mutual settlements by the parties that result in an arbitration fee.

p. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager or designee, the time of such discipline shall relate back to the date the employee was disciplined or after delivery of the City Manager or designee’s decision if discipline was stayed pending the arbitration hearing. If the City Manager or designee’s decision results in a reduction or elimination of a recommended loss of pay, the pay loss shall be restored to the employee.

q. In the cases of appeals from suspensions and reductions in pay, the hearing shall be conducted by th e City Manager or designee. The employee shall bear none of the costs of the facilities, the hearing officer or other costs incurred by the City.

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r. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this section, including the appeal of the City Manager or designee’s final determination into the California Court System, which must be ma de in accordance to the time standards and procedures established by Section 1094.5 and 1094.6 of California's Code of Civil Procedure.

ARTICLE 33 - RETURN TO WORK POLICY

33.1 PHYSICIAN RELEASE - The City has implemented through an Administrative Regulation a “Return to Work Policy” for employees who are released by their physician(s) to return to work for full duty in the manner set forth in Administrative Regulation 2.5 – Temporary Limited/Modified Duty.

33.2 RETURN TO WORK TESTING

a. Employees on Leave of Absence for More Than Ten Shifts but Less Than Six Months - Upon return to work for duty on the first shift, for any leave of absence of ten shifts or more (except Vacation) but less than six months, the employee will have a manipulative abilities test administered at the training tower by the Training Officer and/or their designee with the employee tested in the following areas:

1) Pull and extend 1 ¾” crosslay (200’) pre-connected line 2) Able to crawl following one section (50’) of 1 ¾” hose 3) Perform both tip and butt positions of a 24’ extension ladder (includes raising and lowering the fly) 4) Don Breathing Apparatus in accordance with current standards (under 2 minutes) 5) Carry two spare S.C.B.A. bottles in full turnouts and wearing a S.C.B.A. to the 2nd floor landing.

b. Employees on Leave of Absence for Six Months or More – Upon return to work for duty on the first shift for any leave of absence of six months or more, the employee shall participate in the manipulative abilities test as described in Section

32.2 (a) and shall be required to complete the position specific tasks per the current Costa Mesa Fire and Rescue Policy Manual titled “Return to Work”. The parties agreed to meet and confer on any changes to the “Return to Work” policy.

33.3 Any member not passing any of the above will placed on remedial training as described in the Costa Mesa Fire and Rescue Policy Manual titled “Return to Work”.

ARTICLE 34 - MAXIMUM AGE FOR PUBLIC SAFETY EMPLOYEES

34.1 ADMINISTRATIVE REGULATION - The City shall implement an Administrative Regulation regarding the maximum age for public safety employees in the manner set forth in Administrative Regulation 2.4 – Maximum Age Policy for Public Safety Employees.

ARTICLE 35 - MEET AND CONFER IN GOOD FAITH

35.1 ACT OR DECISION IMPACTING TERMS -The City and CMFA agree to meet and confer in good faith within two weeks after passage of any Act or decision of any court of competent jurisdiction which has significant financial impact upon the City and may, as a result, affect the terms and conditions stated herein.

35.2 NEW CONTRACT NEGOTIATIONS - The parties agree to meet and confer in good faith after April 2027 (or earlier if both parties agree) on wages, hours and other terms and conditions of employment to be effective on or after the first pay period in July 2027.

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REPRESENTATIVES OF THE COSTA MESA REPRESENTATIVES OF THE CITY OF

FIREFIGHTERS ASSOCIATION COSTA MESA

STEVEN CATHEY LORI ANN FARRELL HARRISON
CMFA President City Manager

STEVE AIREY ALMA REYES
CMFA Negotiations Team Member Deputy City Manager

NICHOLAS A. CERCIELLO CAROL MOLINA
CMFA Negotiations Team Member Finance Director

MARK M. GEIGER JR KASAMA LEE
CMFA Negotiations Team Member Human Resources Manager

ANDREW HARRIS FANNI ACOSTA
CMFA Negotiations Team Member Human Resources Administrator

BRENT TURNER CATHLEEN SERRANO
CMFA Negotiations Team Member Acting Senior Budget Analyst

800

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-002 Meeting Date: 2/20/2024
TITLE:

ADOPT RESOLUTION APPROVING FY 2024-25 RECOGNIZED OBLIGATION PAYMENT

SCHEDULE (ROPS) FOR THE COSTA MESA SUCCESSOR AGENCY AND THEN APPROVE

DISSOLUTION OF THE SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, AGENCY FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, AGENCY FINANCE DIRECTOR RECOMMENDATION:

Staff recommends the City Council/Successor Agency Board:

1. Approve a Resolution of the City Council/Successor Agency Board of the City of Costa Mesa, California, approving the Recognized Obligation Payment Schedule (ROPS) in the amount of $0 for the Fiscal Year 2024-25 (Attachment 1 and Exhibit A).

2. Approve a Resolution of the City Council/Successor Agency Board of the City of Costa Mesa, California, requesting the Oversight Board, Orange County Auditor-Controller and California Department of Finance approve of the dissolution of the Successor Agency to the Costa Mesa Redevelopment Agency (Attachment 2).

3. Direct the submission of the Resolutions to the Orange County Auditor-Controller and the California State Department of Finance.

BACKGROUND:

On January 3, 1972, the City Council created the City of Costa Mesa Redevelopment Agency (CMRA) for the purpose of redeveloping areas that needed assistance in the interest of the health, safety, and general welfare of the people of the community. Thus, the Redevelopment Plan for the Downtown Redevelopment Project Area, which was approximately 198 acres of mixed commercial and residential uses, was adopted on December 24,1973.

In an effort to balance the State’s budget, all redevelopments in the State were ordered to be dissolved with Assembly Bill x1 26 (the Dissolution Act) so that the State could backfill its obligations to schools. The Dissolution Act was challenged in the California Supreme Court. In compliance with the Dissolution Act, the City Council elected to serve as the Successor Agency to the dissolved Costa Mesa Redevelopment Agency on September 6, 2011, with the responsibility of winding up its affairs

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File #: 24-002 Meeting Date: 2/20/2024
and undertaking the administrative tasks required for the dissolution process.

On December 29, 2011, the California Supreme Court upheld the Dissolution Act and directed all redevelopment agencies in the State to be dissolved effective February 1, 2012. Subsequent modifications to the dissolution process were enacted with the passage of Assembly Bill 1484 in 2012 and Senate Bill 107 in 2015.
1993 Downtown Development Project
In 1993, the CMRA issued its $9,955,000 Downtown Redevelopment Project 1993 Tax Allocation Refunding Bonds (TAB) that were designated for Downtown Redevelopment Projects. The monies to pay the bonds yearly came from CMRA property tax increment.

Then in 2003, the 2003 Tax Allocation Bonds Refunding Bonds refinanced the 1993 TABs and were issued on October 9th, 2003, for $7,470,000. At the time that the CMRA was dissolved, the outstanding payments on the bonds were $4,818,000 and were paid by the Redevelopment Property Tax Trust Funds (RPTTF). The bonds matured and were paid off in October 2017. 1971 - 1993 Redevelopment Activities
The City loaned funds to CMRA from 1971 through 1993 to finance redevelopment activities. Each advance was documented by a promissory note. In 1993 all the outstanding notes were consolidated into a single note of principal sum of $12,596,074 at 8% interest. During the initial years of the dissolution process, the State Department of Finance (DOF) disallowed the enforceable obligation of the outstanding loan from the City citing Health and Safety Code section 34171(d)(2) which states that any agreement or contract between the city that created the redevelopment agency, and the former redevelopment agency, are not considered enforceable obligations.

As a result of the DOF finding, on October 29, 2013, the City filed a lawsuit in the Sacramento Superior Court, Case No. 34-2013-80001675, against the DOF and the Orange County Auditor- Controller. The lawsuit sought to require the DOF to approve annual loan repayments to the City on future ROPS submitted by the Successor Agency.

On April 17, 2014, the local Oversight Board approved the finding that the loan was for legitimate redevelopment purposes pursuant to Health and Safety Code section 34191.4. which states in essence that “if the financial agreement between the City and the former Redevelopment Agency was made within two years of the inception of the Agency the agreement is an enforceable obligation.” Once the Oversight Board makes such a finding, Health and Safety Code 34171(d)(2) requires “theaccumulated interest on the remaining principal amount of the loan shall be recalculated from the origination at the interest rate earned by the Local Agency Investment Fund.”As a result of the interest recalculation, the amount of remaining principal was determined to be $10,237,174.

On May 6, 2014, the DOF sent a letter affirming the Oversight Board’sdecision that the loan was for legitimate redevelopment purposes and reestablished the loan agreement.

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The City dismissed the referenced lawsuit in January 2019, after obtaining the primary objective of the lawsuit, by reviving the City’sloan to its former redevelopment agency. This loan was paid off in July 2023.

Successor Agency
As mandated by AB 1484, all successor agencies were required to develop a Long-Range Property Management Plan (LRPMP) that governed the disposition and use of all former redevelopment agency properties. The LRPMP was approved by the Successor Agency September 18, 2013. It disclosed that upon dissolution that the Successor Agency did not hold any property. The LRPMP was approved by the California State Department of Finance on January 22, 2014.

ANALYSIS:

Below are the amounts of annual allocations of RPTTF that were paid to the General Fund after the CMRA was dissolved. This represents 80% of the allowable RPTTF. The other 20% was paid to the Housing Authority.

Fiscal Year General Fund Housing
Authority
FY 2023/24 $1,368,045 $0
FY 2022/23 $1,399,669 $342,011
FY 2021/22 $1,524,562 $349,917
FY 2020/21 $1,032,836 $381,141
FY 2019/20 $1,060,817 $258,209
FY 2018/19 $962,362 $265,204
FY 2017/18 $556,850 $240,591
FY 2016/17 $649,100 $139,212
FY 2015/16 $287,740 $162,275
FY 2014/15 $626,386 $71,935
FY 2013/14 $0 $156,597
Total $9,468,367 $2,367,092
With all enforceable obligations paid in full as of August 2023, all land disposed of, and all litigation settled, there is no need for the Agency to continue to exist and the criteria to proceed with formally dissolving has been met. Therefore, the Costa Mesa Successor Agency is not requesting any RPTTF allocation for FY 2024-25 and requests to submit a ROPS in the amount of $0. This action is in keeping with Health & Safety Code Section 34177(m)(1)(B) which mandates a ROPS must be filed or mandates a $10,000 daily fine.

Pursuant to HSC Section 34187(b), the County Oversight Board must act within 30 days to approve the Successor Agency’srequest to dissolve and then submit the request to the State Department of Finance (DOF). The DOF will have 30 days to approve or deny the request.

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ALTERNATIVES:

The Board of Directors may choose not to approve the dissolution of the Successor Agency.

However, this is not advisable, as the Agency would exist in an inactive state and would be required to submit a ROPS in the amount of $0 annually.

FISCAL REVIEW:

After the Oversight Board’sadoption of the Oversight Board’sresolution and the DOF’sapproval of the Successor Agency’s request to dissolve, the County Auditor-Controller will disburse such property tax monies to the taxing entities, including the City of Costa Mesa’sGeneral Fund. The Housing Authority will cease receiving 20% of the RPTTF.

LEGAL REVIEW:

The Agency Attorney’s Office has reviewed this agenda report and approves as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Achieve Long Term Fiscal Sustainability
CONCLUSION:

Staff recommends the City Council/Successor Agency Board:

1. Approve a Resolution of the City Council/Successor Agency Board of the City of Costa Mesa, California, approving the Recognized Obligation Payment Schedule (ROPS) in the amount of $0 for the Fiscal Year 2024-25 (Attachment 1 and Exhibit A).

2. Approve a Resolution of the City Council/Successor Agency Board of the City of Costa Mesa, California, requesting the Oversight Board, Orange County Auditor-Controller and California Department of Finance approve of the dissolution of the Successor Agency to the Costa Mesa Redevelopment Agency (Attachment 1).

3. Direct the submission of the Resolutions to the Orange County Auditor-Controller and the California State Department of Finance.

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ATTACHMENT 1
SUCCESSOR AGENCY RESOLUTION NO. 24-XX

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE COSTA MESA

REDEVELOPMENT AGENCY APPROVING THE RECOG NIZED
OBLIGATION PAYMENT S CHEDULE FY 2024-25 FOR THE ANNUAL
FISCAL PERIOD OF JULY 1, 2024 TO JUNE 30, 202 5, SUBJECT TO

SUBMITTAL TO, AND REVIEW BY THE ORANGE COUNTYWIDE

OVERSIGHT BOARD AND THE STATE OF CALIFORNIA,

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

POSTING AND TRANSMITTAL THEREOF
WHEREAS, the former Costa Mesa Redevelopment Agency (“ Former Agency”) was established as a redevelopment agency which was previously organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., and previously authorized to transact business and exercise powers of a redevelopment agency pursuant to action of the City Council of the City of Costa Mesa (“City”); and
WHEREAS, Assembly Bill x1 26 added Parts 1.8 and 1.85 to Division 24 of the California Health an d Safety Code, which caused the dissolution of all redevelopment agencies and winding down of the affairs of former agencies, including as such laws were amended by Assembly Bill 1484 and by other subsequent legislation (together, as amended, the “Dissolution Law”); and
WHEREAS, as of February 1, 2012 the Former Agency was dissolved under the Dissolution Law, and as a separate public entity, the Successor Agency to the Costa Mesa Redevelopment Agency (“Successor Agency”) administers the enforceable obligations of the former Agency and otherwise resolves the former Agency’s affairs, all subject to the review and approval by a seven-member oversight board; and WHEREAS, under Section 34179(j) of the Dissolution Law, in every California county there shall be one oversight board that is staffed by the county’s auditor-controller; and
WHEREAS, the applicable consolidated oversight board overseeing this Successor Agency is called the Orange Countywide Oversight Board (“Oversight Board”); and
WHEREAS, every oversight board, both the prior local oversight board and the Oversight Board, has fiduciary responsibilities to the holders of enforceable obligations and to the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188 of the Dissolution Law; and
WHEREAS, Sections 34177(m), 34177(o) and 34179 provide that each ROPS is submitted to, reviewed and approved by the Successor Agency and then reviewed and approved by the Oversight Board before final review and approval b y the State of California, Department of Finance (“DOF”); and
WHEREAS, Section 34177(o) of the Dissolution Law requires that the annual ROPS for the 2023-24 A-B fiscal period of July 1, 202 4 to June 30, 202 5 (“ROPS FY 805
2024-25”) shall be submitted to the DOF by the Successor Agency, after approval by the Oversight Board, no later than February 1, 2024; and
WHEREAS, the ROPS FY 2024-25, in the form required by DOF, is attached as Exhibit A and fully incorporated by this reference; and WHEREAS, the Successor Agency has reviewed the ROPS FY 2024-25 and desires to approve this schedule and to authorize and direct the Successor Agency staff to transmit the ROPS FY 2024-25 to the Oversight Board, with copies to the Orange County Administrative Officer (“CAO”), Or ange County Auditor -Controller (“CAC”), the State Controller’s Office (“SCO”) and DOF as required by Dissolution Law; and WHEREAS, the Successor Agency shall post the ROPS FY 2024-25 on the City/Successor Agency website www.costamesaca.gov.

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

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

Section 2. The Successor Agency approves ROPS FY 2024-25 submitted herewith as Attachment 1, under the requirements of the Dissolution Law; provided however, that the ROPS FY 2024-25 is approved subject to the condition such ROPS FY 2024-25 is to be transmitted to the Oversight Board for review and approval and a copy of such ROPS FY 2024-25 shall concurrently be sent to the CAO, CAC, SCO, and DOF. Further, the Finance Director (and her authorized designee), in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s), if any, with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF.

Section 3. After approval by the Oversight Boar d, the Successor Agency authorizes transmittal of the approved ROPS FY 2024-25 again to the CAC, SCO and DOF.

Section 4. The Finance Director of the Successor Agency or her authorized designee is directed to post this Resolution, including the ROPS FY 2024-25, on the City/Successor Agency website (www.costamesaca.gov) under the Dissolution Law.

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

APPROVED AND ADOPTED this 6th day of February 2024.

John Stephens, Chair
Successor Agency to the Costa Mesa
Redevelopment Agency
806
(SEAL)
ATTEST:

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

APPROVED AS TO FORM

_____________________________
Kimberly Hall Barlow,
Successor Agency Counsel
807

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF COSTA MESA )
I, Brenda Green, Secretary of the Successor Agency to the Costa Mesa Redevelopment Agency, hereby certify that the foregoing resolution was duly adopted by the Successor Agency at a regular meeting held on the 6th day of February 2024, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Green, Secretary
Successor Agency to the Costa Mesa
Redevelopment Agency
(SEAL)
808

EXHIBIT A
to Successor Agency Resolution No. 2024-xx
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FY 2024-25
FOR PERIOD JULY 1, 2024 TO JUNE 30, 2025

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ATTACHMENT 2
RESOLUTION SA-24-xx

A RESOLUTION OF THE BOARD OF DIRECTORS

OF THE SUCCESSOR AGENCY TO THE COSTA

MESA REDEVELOPMENT AGENCY REQUESTING

THE ORANGE COUNTYWIDE OVERSIGHT BOARD

TO FORMALLY DISSOLVE THE SUCCESSOR
AGENCY

RECITALS:

A. Pursuant to AB X1 26 (enacted in June 2011) and the California Supreme Court’s decision in California Redevelopment Association, et. l v. Matasantos, et al., 53 Cal. 4th 231 (2011), the Redevelopment Agency of the City of Costa Mesa (the “Former Agency”) was dissolved as of February 1, 2012, and the Successor Agency to the Costa Mesa Redevelopment Agency (the “Successor Agency”) was constituted.

B. Pursuant to Section 34179(j) of the California Health and Safety Code (“HSC”), from and after July 1, 2018, the Orange Countywide Oversight Board (the “Oversight Board”) is the oversight board for the Successor Agency.

C. The Successor Agency is tasked with winding down the Former Agency’s affairs.

D. Pursuant to HSC Section 34187(b), the Successor Agency shall submit to the Oversight Board a request, with a copy to the Orange County Auditor -Controller (the “County Auditor -Controller”), to formally dissolve the Successor Agency within 30 days of me eting the following criteria (collectively, the “Dissolution Criteria”):
i. All enforceable obligations have been retired or paid off: and, ii. All real property has been disposed of pursuant to HSC Section 34181 or 34191.4; and,
iii. All outstanding litigation has been resolved.

E. The Successor Agency is not a party to any outstanding litigation.

F. All the Successor’s Agency real property (transferred from the Former Agency upon dissolution) has been disposed of pursuant to HSC Section 34181 or the Successor Ag ency’s long -range property management plan (“LRPMP”), which LRPMP was approved by the California State Department of Finance (the “DOF”) on January 22, 2014, per HSC Section 34191.4.

G. At the time of the Former Agency’s dissolution, there was one outst anding series of bonds issued by the Former Agency: the 2003 Tax Allocation Bonds Refunding Bonds.
810

H. The final maturity date of the 2003 Tax Allocation Bonds Refunding Bonds was October 1, 2017 and have been fully paid.

I. With the Successor Agency having met the Dissolution Criteria of HSC Section 34187(b), this Board of Directors (the “Board”) desires to request the Oversight Board to approve the Successor Agency’s request to dissolve and, after such approval, submit the request to the DOF.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR

AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY, HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. The Board hereby finds and determines that all of the Dissolution Criteria set forth in HSC Section 34187(b) for the Successor Agency’s dissolution have been met.

Section 3. The Board hereby requests the Oversight Board to ado pt a resolution (the “OB Resolution”) to: (i) approve the Successor Agency’s request to formally dissolve, (ii) submit this Resolution and the OB Resolution to the DOF in accordance with HSC Section 34187(b).

Section 4. The Agency Clerk is hereby dir ected to cause copies of this Resolution to be submitted to: (i) the Oversight Board, and (ii) the County Auditor - Controller.

Section 5. The Board hereby finds and determines that the request to dissolve the Successor Agency set forth herein.

Section 6. The officers and the other staff members of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things, including the execution of any instruments, which they may deem necessary or advisable to effectuate this Resolution and any such actions previously taken are hereby ratified and confirmed.

PASSED AND ADOPTED this 6th day of February, 2024.

John Stephens, Chair

811

ATTEST:

Brenda Green, Agency Clerk

APPROVED AS TO FORM:

Kimberly Hall Barlow, Agency Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, Agency Clerk of the Successor Agency of the Costa Mesa Redevelopment Agency , DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 24-xx and was duly passed and adopted by the Board of Directors of the Successor Agency of the Costa Mesa Redevelopment Agency at a regular meeting held on the xx day of Feb ruary, 2024, by the following roll call vote, to wit:

AYES: Agency Members: _______________________________________ NOES: Agency Members: _______________________________________ ABSENT: Agency Members: _______________________________________ ABSTAIN: Agency Members: _______________________________________

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this xx day of February, 2024.

____________________________
Brenda Green, Agency Clerk

812
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Costa Mesa
County: Orange
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ - $ - $ -

F RPTTF - - -
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $ - $ - $ - Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date

EXHIBIT A
Attachment 3
813
Costa Mesa
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$- $- $- $- $- $- $- $- $- $- $- $- $- $-
6 Promissory
Note
Payable
City/County Loan
(Prior 06/28/11),
Cash exchange
09/30/
1971
06/30/2024 City of
Costa
Mesa
Original
Loan to
establish
RDA
Downtown - N $- - - - - - $- - - - - - $-
814
Costa Mesa
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
- - - 3,000 Prior ROPS excess cash
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
1,902,703 AB1484 requires 20% ($381,141) of loan
repayment ($1,905,703) to be transferred to
Low and Moderate Income Housing Asset
Fund per HSC 34191.4(s)(2)(c).
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
1,905,703 Successor Agency's FY 21/22 total
expenditures and loan repayments
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $-
815
Costa Mesa
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
6 816