Agenda packet — Costa Mesa City Council, March 19, 2024 (part 2 of 3)

PARKWA YS LESS THAN 8
1 I COYEII IIEOUlllED
CASE I: 2
1 X 4' TREE WELL

TREE WELLS
4e"---4
--\i---------1
4 -l:--
1--e
PARKWAYS 8
1 OR GREATER 2 COVEJtS ltEQUlllED
CASE R: 4' X 4
1 TREE WELL
c - ""
""
0 CAK A " c D
I: 4!-d' �-rt'
lt �-o· 4':.r,"
"ff-,r l'-nf
�':.1( ··-itf
. POROUS TR EE WELL COVER
_/Willi ADJACENT
POROUS.PEJtNEAa.E �c.c.
flEINFWtCED:W,JTH �xz_f
l&GWBE WIRE NESH •
DIRTTI> BEFUISH
�
�-�
rl •• nm_�=-: ----.;_;-:;.:.ftt:!.�':"":,:-i_•
. �-:�-..---_,-_-_-_.,.,..,,.,· ........ --.-w-

TYPICAL SECTIONS
NOTES=
I. nra: WEU.S SIIAL.L - PI...M%D Uf>ROXIIIATELY :so' APAIIT, IUT NOT LESS THAN OflE PEit l'lt:SIDEXTIAf. LOT.

Z. LOCATION OF Tiii!! WELLS WILL IIE SUI.JECT TO T� IL"OI.LOWIN• CONDITIONS:

A. zs' FROM c1111a IIETURNS..

L I 5
1 flltOII UMT STANDAIIDS AND li'Owet POLES.

C. la' P110M FIM: HYDIIAKTS,DIIIYEWAYS, HOUSE WALU,UTILITY METERS, l"ED£STALS.

D. 10' P1tOM ALL UTILITY UTIEIIAU AND WAINS.
l. COVERS Allt: TO • COLOllED aUFF usu,. AM ACCEPT.uu: COLOIIUtO AGENT.

4. TWEE WELLS AM: TO SE •.acKP"ILLt:D WFTH CLEAH DlltT .AHD !'LUSH WITH ADJACDIT WALK UNTIL TIIED ARI!'. l"L.AN1'EI.

ATTACHMENT 2
360
i-----PA_R_K_W_AY_V_A_Rl_ES_-_S_E _E_P_LA_N_S _(;_S_EE_N_O_TE_B-'--) ----1-ff. , R/W OR

S/W EASEMENT
i-------- VARIES-----+--- 4' (1.22m)
ON-SHE
\MPROVEMENTS
6" ( 15 3mm) C.M.B. PER
STD DWG NO 312

UNDER CURB AND GUTTER
C)�
z ...I -< -== U>w xo
La.I iii

SIDEWALK

TRANSITION AREA

LIMITS PER STD
DWG NO 811

8.33%
MAX

WEAKENED

PLANE JT

CONST JT
JOIN
2% MAX
· .--�- 5· (153mm)·\ .. ·: ·_ - i��J�,c��s· (153mm) CODE 6" (153mm)
MINIMUM CRUSHED MISCEUANEOUS BASE (C.M.8.)

SECTION A-A
N.T.S.

SIDEWALK TRANSITION

AREA (TYPICAL)
(1 /2) W
N�
�ix
(1/2) W

WEAKENED
PtJ\NE JT
4' (1.22m}
<t

WEAKENED

PLANE JT
it, R/W OR

S/W EASEMENT

CONST JT
. JOIN
i----GRAOE I BREAKS-----

CONST JT
EXP JT
2' (610mm) MIN TO

VERTICAL OBSTRUCTION
x

CITY OF COST A MESA

PUBLIC SERVICES DEPARTMENT
APPROVED BY:

FILE NAME: ST0-513.DWG /

FLOW LINE OF GUTTER
w
A_J
PLAN
N.T.S.
x
EXP JT
2' (610mm) ·>.ON
TO PROJECTED ie_
(TYPICAL)

RESIDENTIAL

DRIVEWAY APPROACH
TYPE I
STD. OWG. NO.
513
REVISED: SHT. 1 OF 2
ATTACHMENT 2
361
EXP JT 3/8� (10mm) GUTIER UP

FLOW LINE OF GUTTE
1 2 W
x w
SECTION 8-8
DIMENSIONS N.T.S.

W=10' (3.05m) MIN - 16' (4.88m) MAX 'FOR RESIDENTIAL DRIVEWAYS.

X= 4' (1.22m) FOR 6" (153mm) CURB FACE.

X= 5' (1.52m) FOR 8 .. (204mm). CURB FACE.

NOTES:
x

CURB FACE

HEIGHT VARIES

1. ALL DRIVEWAY LOCATIONS AND DIMENSIONS SHALL BE APPROVED BY THE TRANSPORTATION SERVICES DMSION.

2. THERE SHALL BE ONE DRNEWAY PER PROPERTY.

3. CONCRETE SHALL BE CLASS 560-C-3250 PER LATEST EDITION OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONST RUCTION SEC. 201 -1.

4. DEPRESSED CURB IS STR AIGHT GRADED WITH 3/8.,.
(10mm) GUTTER UP.

5. BASED UPON EXISTING SOIL CONDITIONS, THE CllY ENGINEER MAY REQUIRE A K EYWAY AT BACK OF CURB.

6. FOR JOINT DETNLS AND K'f:fWAY DETAIL, SEE STD DWG NO 314.

7. ALL PARTIAL DRIVEWAY RECONSTRUCTION SHALL REQUIRE TIE BARS (#4 x 2 4") AT 24 • ON CENTER.

8. FOR A 5' (1.52m) PARKWAY, A 3' (914mm) PUBLIC SIDEWALK EASEMENT IS REQUIRED AT THE BACK OF RIGHT -OF -WAY /PROPERTY LINE.

CITY OF COST A MESA

PUBLIC SERVICES DEPARTMENT
APPROVED BY:

FILE NAME: STD-513.D'/¢

RESIDENTIAL

DRIVEWA-Y APPROACH
TYPE I
REVISED:

STD. owe. NO.
513
SHT. 2 OF 2
\
ATTACHMENT 2
362
. .
t----P_AA_KW_'A_�_V_:AR_l_ES_-_S_EE_P_LAN_S ....:(:__SE-=E�NO-=-T-=E:......7:..!.)_--1_!t , R/W OR

S/W EASEMENT
i-------VARIE S -----+-- 4' (1.22m)
s· (150mm) C.M.B. PER
STD DWG NO 312

UNDER CURB AND GUTTER

SIDEWALK
TRANSffiON
{SEE NOTE 8)

ON-SITE
2!1: MAX \�£.N1S
-��--.-
6-.-
(
=
150:=m=m...:...)_·:·:-;:-· -r-G:::RAD=-=:E TO JOIN
PE
R

MUNICIPAL
s· (150mm) CODE
5• (150 mm)
PORTLAND CEMENT CONCRETE (P.C.C.)
s· (150 mm)
MINIMUM CRUSHED MISCEU.ANEOUS ELo\SE (C.M.8.)

SECTION A-A
N.T.S.

I(
UMITSPER 12W 12W
t-----'STD'---_N_O_B ...... 1-1--+--- DRIVEWAY WIDTH ---i x y

CITY OF COST A MESA

PUBLIC SERVICES DEPARTMENT
APPROVED:

FILE NAME: ST0-514.DWG
'
. ct_ 4' (1.22m)

FLOW LINE OF GUTTER
w
A_J
PLAN
N.T.S.
y
DRIVEWAY APPROACH-TYPE If
_COMMERCIAL AND MULTI-USE
REVISED:

X 2'
(610mm) MIN
to PROJECTED

PANO/OR

VERTICAL

OBSTRUCTION
e Costa Mesa
SHT. 1 OF 2
ATTACHMENT 2
363
..
;· t.
.'[· ... .
� OF DRIVEWAY APPROACH (SYMMETRJCAL)----1
't
BACK OF DRIVEWAY APPROtiCH

CF HEIGHT
VARIES
\. x y (1/2) W
. '
SECTION 8-8
N.T.S.

DIMENSIONS
W= 16' {4.88m) MIN - 26' {7.92m) MAX FOR ALL DRIVEWAYS.

X= 4' {1.22m) FOR 6'" (150mm) CURB FACE.

X= 5' {1.52m) FOR 8'" (200mm) CURB FACE.

Y= 7' (2.13m) ON MASTER PlAN STREETS
Y= 4' (1.22m) ON RESIDENTIAL, NON....:MASTER PLAN STREETS.

NOTES:

1. ALL DRIVEWAY LOCATIONS AND DIMENSIONS SHALL BE APPROVED BY THE TRANSPORTATION SERVICES DMSION.
.. .

2. CONCRETE SHALL BE CLASS 560-C-3250 PER LATEST EDffiON OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SEC. 201-1.

3. DEPRESSED CURB IS STRAIGHT GRADED WITH 3/8 .. (10mm) GUITER UP.

4. BASED UPON EXISTING SOIL CONDITIONS, THE CITY ENGINEER MAY REQUIRE A KEYWAY AT BACK OF CURB.

5. FOR JOINT DETAILS ANO KEYWAY DETAIL, SEE STD DWG NO 314.

6. All PARTIAL DRIVEWAY RECONSTRUCTION SHALL REQUIRE TIE BARS (#-4 x 2'4j AT 24• ON CENTER.

7. FOR A 5' (1.52m) PARKWAY, A 3' (914-rnm) PUBLIC SIDEWALK EASEMENT IS REQUIRED AT THE BACK OF PROPERTY/RIGHT-OF-WAY LINE.

8. CASE I - SIDEWALK ADJACENT TO CURB ANO GUITER. NO GREENBELT.

CASE II - EXISTING GREENBELT BETWEEN SIDEWAU< AND CURB ANO GUTIER.

CITY OF COST A MESA

PUBLIC SERVICES DEPARTMENT
APPROVED:

FILE NAME: STD-514.DWG

DRIVEWAY APPROACH-TYPE H
COMMERCIAL AND MUL Tl-USE
REVISED:

STD. OWC. NO.
514.

SHT. 2 Of 2
ATTACHMENT 2
364
1200 mm
(4') MIN
y
1200 mm
(4') MIN
y
1200 mm
(4') MIN
y
r ....

GRADE BREAKS
�-
,._
STR _yR m
I
\. x ·I· w -I· x · I�+ A
TYPE A
A
r ....

GRADE BREAKS
TYPE B
A ..... � .... r=�- ·---
w .1
TYPE C
1200 mm
(4') MIN y
L��s mm (1") CF

SECTION A-A
CURB FACE, mm
150 (6") or less
175 {7")
200 (8")
225 (9")
250 (10")
275 (11")
300 (12") i:;r more
N\.irES:

X. mm
900 (3'-0")
1050 (3'-6")
1200 { 4' -0")
1350 (4'-6")
15�0 (�'--o")
i 1650 (5'-6")
1800 (s'-o")
Y, mm
1200 (4'-0")
1425 (4'-9")
1700 (5' -8")
19s11. te'-6") . - \
2175 (7'-3.) ·
2400 (8'-0")
2625 (8' -9")

1. RESIDENTIAL DRIVEWAYS SHALL BE 100 mm
( 4") THICK PCC.

2. COMMERCIAL DRIVEWAYS SHALL BE 150 m�
{6�y-·rl:II_CK- PCC.

3. WEAKENED PLANE JOINTS SHALL BE .INS,:ALLED

AT BOTH SIDE OF A DRIVEWAY AND AT
APPROXIMATELY 300.0 mm_ (10') INTERVALS.·
..i., CURB FOR TYPE C DRIVEWAY SHALL BE

INTEGRAL AND MATCH ADJACENT
CONSTRUCTION.

5. REFER TO LOCAL DEVELOPMENT REGULATIONS

FOR AMERICANS WITH DISABILITIES ACCESS
. REQUIREMENTS AND MAXIMUM PERMITTED
DRIVEW AY WIDTHS.

6. DIMENSIONS. SHOWN ON THIS PLAN FOR METRIC

AND ENGLISH UNITS ARE NOT EXACTLY EQUAL
VALUES. iF METRIC UNITS ARE USED, ALL
VALUES USED FOR COl'i3 . ..:-··-... ..,._. �'!.�'' A�
METRIC VALUES. IF ENGLISH UNITS ARE

USEO, ALL VALUES USED FOR CONSTRUCTION
SHALL BE ENGLISH VALUES.

AMERICAN PUBLIC WORKS ASSOCIATION· SOUTHERN CALIFORNIA CHAPTER

PROMULGATED BY THE
PUBLIC WORKS STANDARDS INC.

GREENBOOK COMMlTTEI:
1984
REV.1998

DRIVEWAY APPROACHES

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION

STANDARD PLAN
METRIC
110 - 1
SHEET1 OF1
ATTACHMENT 2
365
I
·! ..
.;·· · ·,.· .,,nr'.:
·,,:1tr1�"-:,
···----· ·-
·.�, -.. · .
,t/ .... :
\�
·- ..... �
I" MINIMUM
2" MAXIMUM
, ;· ··.··· .... ..
.. ·TREE:J�O'OT>··��iRllER
• : •• ... . :.(''/ ,· . !
· .... "- .
12" ROOT PRUNE BARRIER
;'.,
·t
H :·:-- : . - . . •• ·· ··(�.} {�--.,-1;
fJ'Jfr;r:·. : ......
·,�·iirli:; :; .. '..J=t ::-.�;�··("
'"
,
.
.... . ......... ........ �-1.
· .. ·•·. -,
1708
·.SHT. I OF 2
ATTACHMENT 2
366
NOTES:

Tree Trimming
l. Prior to root pruning, each tree shall be trimmed to reduce its overall size by one-third Cl/3) and to promote improved growth.

Trirrming shall also provide:
a. Removal of all dead, damaged, diseased, or structurally deficient limbs;
b. Thinning to reduce interior wind resistance;
c. Vertical clearance of 14.0 feet over roadways 9.0 feet over sidewalks;
d. Visual clearance around all traffic control devices and signs; e. An overall balanced appearance.

2. Root Pruning :

Root pruning cuts shall be made immediately adjacent to the sidewalk and shall be 4" wide, IG" deep {measured from the top of the final grade of the sidewalk) and 16'. long centered 8' either side of the center of the tree. The bottom 13" of the root prune cut shall be fille<! with pea gravel, to promote deeper watering, with the top 3" filled with native soil free from rocks or other rri0teriols that would interfere with landscape maintenance tasks. At least 18 months shall tror<:?�!:-e :.ciiore root pruning the opposite of a tree. In general, root pruning would not be performed adjacent to the curb -due to the normal depth of the curb.

3. Root ,control Barrier :

Barrier sholl be fabricated from o high density, high impact plastic, i.e.

Polystyrene, Polyethylene, Polyvinyl Cti]oride, <PVC>, or Acrylonitrile-Butodiene Styrene CABS>. The interior surface shall hove Y2" high Cminirrum> raised vertical ribs spaces 6" to ff' apart the full depth of the barrier and shall be expressly designed for root deflection.

Barrier used for root pruning shall have a minimum depth of 12" with a minimum thickness of 0.06". Barriers shall be 16 feet long in one continuous piece (preferred) or in a corrbinotion of pieces securely fastened wii"h adhesive at Joint points.
)RANGE COUNTY ENVIRONMENT AL MANAGEMENT AGE�
Approved �
dopted: Res. 78-791 Revised: Res. 86-1141; 88-1341: 96-546

TREE ROOT BARRIER
WLZau. frectorof Public Works
STD. PLAN
1708
SHT.2 OF 2
ATTACHMENT 2
367
I
OUR REF:

I
SUBJECT:

I TO:
l
I
,.·,: , -·
UNITEi;) STATES.POST OFFICE
WEu13:JDJAZ:am:-9998 <�:.�{��:

DATE: May 30, 1990
Location of mailboxrs P.0.CL:
• •
Ciry o[ Costa. Mesa
MailboxPs shall bP l�catPd -0n thr right hand �idc of th� road way in chr dirPction of rhr delivpry routr PXCPpt on onr way streets where- ch�y may "b£> placed on the _left hand sidP. The bottom of _the .box shall be set ac an c-lrvation <>stablishrc oy the u.,s. Postal Service, usually betWP<>n 3 1 6 11 and 4'0" aOOV<' the roadway surfac£>.

On curbed strc<>ti, thr ro�dsidr fBcP of thr mailoox shall br sec back fr om th<' face of rhP curb a distance becwrpn b and 12 inches. On residential strrrts without curbs.L that carry low traffic volumrs, the ro�dsidr facr of·a mailbox shall br offsrc brt�ern 8 and 12 inchrs brh ind the cdgr of pavrmrnt. 156.54 D.M.M. Loca.tion
Rural boxrs muse br placPd so chat thPy may bP saf<>ly and con vcnirnrly srrvrd by carrirrs without lr a�ing their conv�yancrs.

In all new housing cracks, wr instrucr chr buildcrs to instal }· curolinc dr livcry boxes at 2 ro a posr, at thr prop£>rty line on tn<> curb.
155.262 Hardshi? casrs
a) ChnngPs. in the ·typ<> of dPlivr ry authorizPd for �n ;ira;i will be considered whC'rr. sarvic� by existing mPthods w�uld imp·osc- an rxtrcmP. ph.ysical harcdshi� on an in.dividual cus_tom�� Any .rrqurst for n changr in d,•J iv,•ry mPthods must o,• submi� rr.d in wr.icing. ·Ai>p·roval of rhc-sc r,•quPsts should be ba.s,•Y .u _,;�·,i·-�':· numanitarian and not economic crirrria. Each rr.que�t fo�A c h a n g � i n d ,?I i v a r y _ � "
0 r v i c r. s n o u l d b P r. " a 1 u a t r d o n � h r � a �-ts ·. of the customrr's nards; a ·rrquf'st should. not· oe den.ic>d �o.-lrly. orc. aus,• of incrP.asrd opcrat.ional costs or br.c.aus<' a fa D
l.i.\y .. . ..

IBC'ffll:>C?r or Otht>r i)a.rty may bt' av.;:ii}ablc:> [� rl'>criV<' m;1if'for:r_h_l7'. cusromrr.
.. .

ATTACHMENT 2
368
,.

I
I
I
I
I
I
I
I
.i
i
.. 1
I
I
Pager lu,J..1.-:.:-;;.u, 117SS, ... ,..,,
MAILBOX IMPROVEMENT WEEK-Continued -�--�-
Exhibit C Exhibir O Th � Federal Highway Administr.ui�� has det�nnined tha� mailbox suppons· ·no than 4 inches by 4 mches· or a 4 Y.z-inch ct· wood post or·a 2-inch diarnet�r standard s,·:...:i!�·,.I . . b . .. .. 1.or-. a ummum pipe, une.d no more than 2-1 inc:his'' sh�uld safely break away if struck by a \·ehicle.�Tht (!la1lb4?x muse als� be securely attache·d to itl'Wft_·to prc:vem separauon when struck. Exhibits E and· j: on p age 12 are detailed .examples of mailbox · mountings and supports suggested by the FHW A. Boxes and supports should also be painted and free from rust.

NOCBUs and .All-Weather.Parcel Lockers
Contrad Delivery Routes ... .. . During Mailbox Improvement Week. postmas-. :. lers/managers or their designees should also Contract del_i�ery route rostomer-s must use· ab ... .r)�:: .:r6:�ew Ndghborhood Delivery and Collection Box approved trad1uonal c.rural-typc or concempotary · · Umts (NDCB Us) and All-Weather Parcel Lockers design box as new or n-placement boxes. in their delivery area to identify any haurds ot ir regularities. Exhibit G on page 13 is a suggested
format for use in conducting the review. R.csults of General Requir•m•.nts The placement of mailboxes on both rural and
contract routes must be safe and convenient tor
earners. The boxes must be on the right-hand side
of the road in the carrier's travel direction so they·
can,;cleliver mail without leavin theiT conv nee. ·•
lS ru e espcoa y app 1es w ere traffic conditions
make it dangerous for the carrier to drive to the left
· in .order to reach the boxes. or when · doing so
would constitute a violation of traffic laws and reg
ulations (apanmcnt house or other mulcple dwell
.ings.:f.m be ocmpted from. this ·rule as described in
-DMM 156.312).

O.n new rural routes, all boxes must be on ·the
n hi-hand side of the road in the dire"ction of th
route me o travel. Box placement must conform
wnh state laws and highway regulations. Rural car
riers are subject 10 the same traffic laws and regula
tions as other motorists. Cus1omcrs must remove
obstructions, including vehicles. trash cal)�. �nd .
snow. that impede efficient delivery. Excepi.'�hen a
box is tcm ranl blocked carriers must have
access lo t c ox 'llo"lt out leaving the Ve"hicle unless authonzed to dismount.

Mailbox Supports
· Suppons for mailboxes should be of adequa&e
strength and size to support the box properly.

However, customers should a,•oid using massive
mailbox suppons that, when struck, could damage
,·chides and cause serious injurv to vehicle occu
.Pants. Hea\7 metal posts. concr�1e posts. and miJ
ccllaneous hems of farm equipment, such as mill:.
cans filled "it h concrete, are examples of potential·
ly dangerous supports. The ideal support is· an as
sembly th:u bends or falls awar Crom a striking vchi·
de. D'-t�i sections 156.531, )56.54, 157.32c, and
• 1 57.4 specify postal regulations regarding con·
s1ruc1ion and placement ofm;iilboxcs and supports
on rural and high\\"ay ct>ntr.act routes.
the review should be recorded.

Employees conducting lhe review must complete
Fonn 1624, Ddivn-y and Collection Equipment IJOTk
Request, for any equipment that poses a safety
hazard to postal · customers or employees. Use
Form 7380; MDC Supply R�quisilion, to request
Form 162-4 from the materid disuibution centers.

Equipment Review.Procedure
Employees should use the NDCBU and parcel
locker Equipment Checklist and Followup Review
i:rocedurc:, Exhibit G, when examining the condi
uon of NDCBU and parcel Ioele.er equipment. This
exhibit may be reproduced locally. They should:

I. List 1hc unit location. type. and manufacturer
in. the lefi·hand column (omit manufacturer if all
items are in order).
�- Assign each checklist ite� one of the following
r.ungs:

OK-Equipment docs not need auerition for
this item.

X-Equipmenl needs attention for this item.

NA-hem docs not apply to this particular
piece of equipment.

3. Examine the following i1ems and annotate Ex-·
hibi1 G:
a. Equipment should be straight. vertical, and
lirml)· moun1ed. Auempt to shake 1he unit; i1
should no1 mol"e. If equipment is not firmly mount
ed. no1e whe1hcr it is the connection ar ground
le\·d 1h;i1 is loose or the �destal 10 cus1omcr com;
par1mcnts connection that needs auen1ion.
b. ChC'ck. \·isible welds. Make note of cracked,
broken, or rustC'd welds.
c. Obsen·e whether the carrier access door is
fockC'.d and secure. Open it and obsen·e that it is
no1 bo\\·cd or warped and 1ha1 the door and locking
b;ar opcra1e smoothly. With carrier access door(s)
open, notic-c if restraining de\•ices pre,·ent the door ATTACHMENT 2
369
.·"

POSTAL BULLETIN
Exhibit E
11"
s1::cr,0N ,. ·A
•• 7. 3�r---,
, 1 2 • 7 1 8 , 19 '1 8 �
Wood Filler (Fir) Clo,np awollablt: .....,..
1 •
1 ovtomobil• tailpipe I /4 fittings Dre told
r
A 2- 114" • 3 1lz 110111
1 114 • 42 1/z" Stool Pipe
r� .ts� .�-.. � ..

Steel Pape
48"--------i
42"
I l/4" a ll3 112"
Stiel Pipe

CANTILEVER MAILBOX SUPPORTS
Exhibit F

SPACING FOR MULTIPLE POST INSTALLATION

SINGLE AND DOUBLE MAILBOX INSTALLATIONS
: • 1 •
21566, 5-15-86, Page 5
,R--........ ;.,, .. ti -�·-
ATTACHMENT 2
370
= ·=-;: a·
R'\v:l•rl v·! a:1
Pall1' INCU"'MD PAIQl:ll9

IECONOARY HIGHWAY
:1 sz· a.1-11' I ur I a:-1
• 'IWCIL.tND•ND•MQGICCf
COU..ECTOR HIQHW�Y
b Jr a IR' I icl ,rl£:\n:1 wl vi A' I
IICUND•MIDWI-NGP...-.

MAJOR HIGHWAY
B I B lvlv�wlvlvl
l'QIIWIMD .. •IUlf .. NDP.NUllfa

PRIMARY HIGHWAY

TYPICAL CROSS SECTIONS
NOTES: REPER TO MASTER Pl.AN OF BIKEWAYS FOR
8TREET1I REQUIRING BIC'ICI.E FACIUTIEII.
. ADDIJIONAL RIGHTOFWAYMAYBEREQUIRED
TO MEET AAA. ACCEll81BILIIY REQUIREMeNTS
AT BUS STOPS AND DRIVE APPROACHES.
.... �
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,..._,J.CJ ..wi2.U"1s
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11-.n-a ,Mts.11n
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11.,,'n,m DlcitnDw11,U71
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"-'.IJ.IQ ....._'21,1111
llca.U-lllqlllfflMl'11.UIS
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.... A-17 Mnflll,1112
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lllc&.'1-1 F11:rV111S.2G01
llu.U.S Odl0Ct11.:IOOS
-
0 MA.JOR(104'R/W)
PRIMARY (80' RJW)
SECONDARY {7Z' R/W)
COLLECTOR (60' R/W)
� RIGHTTURNLANE
t'Lo"1Wf�.:.,a:r=:��
CllY OF COSTA MESA, CALIFORNIA

MASTER PLAN OF HIGHWAYS
AMENDED OCTOBER 18, 2005
GENERAL PLAN AMENDMENT 05-5
ATTACHMENT 2
371
w'ry' ad ema4 Wiedet eceadia,Deciedeoff

RETAINING WALLS
2 #3 BARS
MIN.

GRADE .-

IF SURCHARGE

OCCURS WITH THIS

DESIGN, THE TOE
OF THE SLOPE MUST 11 BE SET BACK A
=II I MINIMUM OF 2'-0"
#3 BARS 24" O.C.
6" CONCRETE

MASONRY

WALL ALL CELLS

FILLED SOLID

WITH GROUT
**OMIT HEAD

JOINT IN FIRST
COURSE AT 32"
O.C. FOR WEEP
HOLE
GRADE
s•s•
/*.

K
III s - E_--
I , •

POUR FOOTING

AGAINST

UNDISTURBED

NATURAL SOIL
2" 7
2 #4 BARS*
CONT.
**SUBJECT TO ADJACENT PROPERTY OWNER'S APPROVAL
2 #3 BARS
#3 BARS 24" O.C.
6" CONCRETE MASONRY

WALL - ALL CELLS

FILLED SOLID

WITH GROUT

OMIT HEAD JOINT IN

FIRST COURSE AT
32" O.C. FOR WEEP HOLE
GRADE
2'-0"
MIN. .1
r — GRADE / 0
••
s = •
•
4;
* ill
- •
•
• ,
1 .
s- 2"
2 #4 BARS CONT. ,
1 • •
• •

POUR FOOTING

AGAINST

UNDISTURBED

NATURAL SOIL
NOTES:

1. Retaining wall shall he grouted solid.

2. Reinforcing splices in masonry shall be lapped not less than 15", in concrete not less than 12".

3. Omit mortar at head joints of first course at 32" o.c.

4. Mortar shall he no leaner than 3 to 1.

5. Inspection required prior to grouting cells.

6. Retaining walls greater than 4'-0" in height or with surcharge loads other than shown above shall he fully engineered by a licensed engineer.

7. Retaining walls with standard concrete block walls or fences of any materials constructed above, shall he fully engineered by a licensed engineer.

8. A survey of the lot may he required by the building official to verify that the structure is located in accordance with the approved plans (2001 CRC', Section 108.1).

SPECIFICATIONS:

CONCRETE: 2500 psi at 28 days.

BLOCK: Grade N, Type 1 A.S.T.M. C-90.

REINFORCING: Grade 40 A.S.T.M. A615.
1913-46 (REV. 5/04)
ATTACHMENT 2 372

MAX SLOPE

1.5 H: 1 V
6"
(150 mm)
2" (50 mm)

MORTAR CAP
E
z E
z
E

ONCRETE BLOCK
2 0 mm
12"
(300 mm co

PCC FOOTING
520—A-2500
(310—A-17)
E
0 N
A B
0 TO 6" 2"
(0 TO 150 mm) (50 mm)
6" TO 16" 4"
(151 TO 400 mm) (100 mm)
17" TO 45" 6"
(410 TO 1200 mm) (150 mm)
NOTES

1. MAX HEIGHT OF WALL IS 3 COURSES OF 8" (200 mm) HIGH BLOCK.

2. NO LIVE—LOAD SURCHARGE SHALL BE ALLOWED ON RETAINED SOIL.

3. POUR FOOTING AGAINST UNDISTURBED EARTH.
4, TOP OF FOOTING MAY BE PLACED AT SAME GRADE AS STREET IF STREET GRADE IS UNIFORM AND 5% MAX.

5. PLACE CONCRETE BLOCKS IMMEDIATELY AFTER POURING THE FOOTING. FILL ALL CELLS SOLID WITH GROUT AND ROD SO THAT GROUT IS MONOLITHIC WITH FOOTING.

6. IN FIRST COURSE ABOVE FINISHED GRADE, OMIT MORTAR FROM VERTICAL JOINTS EACH 32" (800 mm) TO SERVE AS WEEP HOLES.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

PROMULGATED BY THE
REIM WORKS STANDA C.

E °R SON COMMIlRDS INltE
am CONCRETE BLOCK SLOUGH WALL

STANDARD PLAN
622-4
SHEET 1 OF 1 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ATTACHMENT 2
373

MANHOLE COVER

MANHOLE FRAME

FILL GAP WITH CONCRETE

MORTAR AS REQUIRED
BEAD OF SIKAFLEX 1A
SIKA-449/203 PRIMER
4 CONCRETE GRADE RING
SEE DETAIL "A"
- - -
ti
DETAIL "A"

AMERON AMER-PLATE,

PVC MANHOLE TOPPER

MANHOLE COVER
AMERON AMER-PLATE, <

PVC MANHOLE TOPPER
•4
.4
•
4 .
1" WIDE PVC WELD STRIP
T

PVC LINER

NEW MANHOLE PVC LINER DETAIL
A•
•
• • •
.a • .

L4LA:

MANHOLE
FRAME
NOTES:

1. MAKE FINAL ADJUSTMENTS AT THE MORTAR JOINT BETWEEN THE FIRST AND SECOND GRADE RINGS. SET FLUSH WITH PAVEMENT TO ONE-EIGHTH INCH HIGH.

2. ADD OR REMOVE GRADE RINGS, REPAIR PVC OR SPRAYED ON LINER, AND TEST LINER FOR PINHOLES AND "PROBE TEST" FOR WEAK WELDS AS APPROVED BY THE ENGINEER. ADJUST HEIGHT AT MANHOLE RISER SECTIONS IF THE TOTAL HEIGHT OF GRADE RINGS WOULD EXCEED 24 INCHES.

3. BACKFILL FLUSH WITH SURFACE OR BELOW PAVEMENT SURFACE AS REQUIRED GOVERNING AGENCY WITH 3250 PSI (CLASS B) QUICK SETTING CONCRETE FOR COLLAR. EXPOSED CONCRETE SHALL BE BLACK IN COLOR.

4. FILL AREA ABOVE BELOW-GRADE COLLAR WITH AC WEARING SURFACE TO MATCH ADJACENT AC.

5. WHERE ODOR CONDITIONS EXIST OR WHERE DESIGNATED, SEAL MANHOLE RIM AND HOLES WITH DUCT-SEAL MASTIC. RE-SEAL IF EXISTING MANHOLE COVER WAS SEALED.

EDAC 02/22/2017
NO. APPROVED DATE

ORANGE COUNTY SANITATION DISTRICT

ORANG UNTY CALIFORNIA

APPROVE Y

DIRECTOR F ENGINE
/2
DATE

PVC LINER INSTALLATION

EXISTING MANHOLE

ADJUST TO GRADE

NO SCALE
STANDARD DWG.

S-050A
ATTACHMENT 2 374
0 VL,
ro
rck
0 50,
a
00 ALTERNATE:

CONCRETE COLLAR TO
GRADE (BLACK MIX) 12"

MANHOLE FRAME AND COVER
PER S-053 OR S-054
3" HOT MIX ASPHALT
12" MIN
V V
#4 @ 6" HORIZONTAL
#4 @ 12" VERTICAL

MORTAR JOINTS, TYP

NEW OR EXISTING CONE

PVC WELD STRIP FOR

GRADE RING AND CONE

FOR PVC LINER REPAIR
(TYP.)

CROSS SECTION
f
12" MIN
24" MAX
#4 @ 6" CIRCULAR
#4 @ 12" RADIAL

CONCRETE COLLAR
NOTES:

1. NEATLY REMOVE PAVEMENT AND AGGREGATE BASE AS NECESSARY TO MAKE ADJUSTMENT.

2. MAKE FINAL ADJUSTMENTS AT THE MORTAR JOINT BETWEEN THE FIRST AND SECOND GRADE RINGS. SET FLUSH WITH PAVEMENT TO 1/8" HIGH.

3. AT EXISTING MANHOLES, ADD OR REMOVE GRADE RINGS, REPAIR PVC OR SPRAYED LINER, AND TEST LINER FOR PINHOLES AS APPROVED BY THE ENGINEER. ADJUST HEIGHT AT MANHOLE RISER SECTIONS IF THE TOTAL HEIGHT OF GRADE RINGS WOULD EXCEED 24".

4. BACKFILL FLUSH WITH SURFACE OR BELOW PAVEMENT SURFACE AS REQUIRED BY GOVERNING AGENCY WITH 3250 PSI (CLASS B) QUICK-SETTING CONCRETE TO FORM COLLAR.

EXPOSED CONCRETE SHALL BE BLACK IN COLOR.

5. FILL AREA ABOVE BELOW-GRADE COLLAR WITH AC WEARING SURFACE TO MATCH ADJACENT AC.

6. WHERE ODOR CONDITIONS EXIST OR WHERE DESIGNATED, SEAL MANHOLE RIM AND HOLES WITH DUCT-SEAL MASTIC. RE-SEAL IF EXISTING MANHOLE COVER WAS SEALED.

EDAC 02/22/2017
NO. APPROVED DATE

ORANGE COUNTY SANITATION DISTRICT

ORANG UNTY CALIFORNIA

APPROVE

DIRECTOR ENGINE DATE

MANHOLE ADJUSTMENT TO
GRADE

NO SCALE
STANDARD DWG.

S-055
ATTACHMENT 2 375

MANHOLE COVER

MANHOLE FRAME

SAWCUT EXIST
CONCRETE 1.5" BEAD OF SIKAFLEX 1A
SIKA-449/203 PRIMER

ILL GAP WITH CONCRETE

MORTAR AS REQUIRED

CONCRETE GRADE RING

REPAIR CONCRETE AS

REQUIRED
SEE DETAIL "A"

IMPROPERLY

TERMINATED PVC LINER

AT TOP OF MANHOLE
DETAIL "A"

AMERON AMER-PLATE,

PVC MANHOLE TOPPER

NON PVC-LINED OR

CORRODED CONCRETE

GRADE RINGS

MANHOLE COVER
O
d.
tl

EXISTING

PVC LINER
4 4
• • <4'
• • '
CLEAN EXISTING PVC LINER WITH 409 AND BUFF

SURFACE, WELD NEW PVC MANHOLE TOPPER ONTO
EXISTING PVC LINER WITH 1" PVC WELD STRIP

EXISTING MANHOLE PVC LINER DETAIL

MANHOLE
FRAME

TRIM EXISTING PVC

LINER TO SOUND

CONCRETE
NOTES:

1. AT EXISTING MANHOLES, ADD OR REMOVE GRADE RINGS, REPAIR PVC OR SPRAYED ON LINER, AND TEST LINER FOR PINHOLES AND "PROBE TEST" FOR WEAK WELDS AS APPROVED BY THE ENGINEER. ADJUST HEIGHT AT MANHOLE RISER SECTIONS IF THE TOTAL HEIGHT OF GRADE RINGS WOULD EXCEED 24 INCHES.

2. WHERE ODOR CONDITIONS EXIST OR WHERE DESIGNATED, SEAL MANHOLE RIM AND HOLES WITH DUCT-SEAL MASTIC. RE-SEAL IF EXISTING MANHOLE COVER WAS SEALED.

EDAC 02/22/2017

ORANGE COUNTY SANITATION DISTRICT

ORANG UNTY CALIFORNIA

APPROVE Y
/2
DATE

PVC LINER REPAIR

EXISTING MANHOLE

NO SCALE
STANDARD DWG.

S-055A NO. APPROVED DATE DIRECTOR F ENGINE
ATTACHMENT 2
376
ao a
E
a- •
Alhambra Fdry. A-I270
frame and cover per Std.

Dwg. Ne S-105
48"
x
E W s" —
Grade rings
•,.

SECTION A-A
2 - Z' JDIAIT5 AT 60TH
INLET5 AND DUMB FOR B
V.C.P. COOT.
•
*tb slope
J
slope
•••
B

SECTION C-C
G"
NOTES:

VI
CII
24"
•
Eccentric cone
11 G"
...• • .-•••• ; • • :•: • .1 • • • . •

SECTION B-B
I. Manholes shall be precast concrete as manufactured
"by Associated Concrete Products, Inc., or approved
equal.

2. Concrete base and stub walls shall be poured in one
operation to an elevation 2" above top of pipe.

3. Concrete shall be Class 5GII-G-3250

4. Depth of the channel shall equal pipe diameter for
all sizes of pipe.

5. The floor of manholes shall be steel troweled.

6. Steps shall be polypropylene w/C11/2" diameter steel core meeting ASTM A -82, ASTM C-01 ASTM type 11 grode
43758, 16" O.C.

7. Manhole bases must be poured against undisturbed' •
soil.

8. Steps for manhole shall be placed upstream.
g. Mortar for joints shall be per Costa Mesa Sanitary
District Std. Dwg. No. 5-103. ppilel )

COSTA MESA SANITARY DISTRICT
I Standard 48"1.D. Manhole
iDate: G - lei • 8Z
Approved: .ii plitoo,
District Engineer -R.C.E. 31121]
Drawing Nei S- 100
ATTACHMENT 2 377
8 11
MID
• . .11=111
Alhambra Fdry. A-I270
frame and cover per Std.

Dwg. S-105
Grade rings
• •
.:1
• .

11.6.,66.111
60"
11====na

11.6•66611 I n
E •
•
• , .
•
• ' 6.
• . • • • •
• • • • • .
• .. • • • • • • .

SECTION A-A
Z - Z' nom AT BOTH
INLETS AND OMER FOR lam" B
V.L.P. COVE
A
a. •
I.
11,
slope
B

SECTION C-C
ic
8"
11 8"
NOTES:
24"
a..

Eccentric cone
•
•
• •
.6.•
•".
•
,.•
•

SECTION B-B
11 8"
I. Manholes shall be precast concrete as manufactured
by Associated Concrete Products, Inc., or approved
equal.

A 2. Concrete base and stub wells shall be poured in one operation to an elevation 4" above top of pipe.

3. Concrete shall be Class 160-C-M50 .

4. Depth of the channel shall equal pipe diameter for
all sizes of pipe.

5. The floor of manholes shall be steel troweled.
,v011-149,Plefite4,14Viter 6. Steps shall be rely
core mero-inv, 62,1•AOTM q-.4i.1?>-.AOTIA tyfm oidele 431 58) 161113.0.

7. Manhole bases must be poured against undisturbed
soil.

8. Steps for manhole shall be placed upstream.

9. Mortar for joints shall be per Costa Mesa Sanitary
District Std. Cog. No. S-103.

COSTA MESA SANITARY DISTRICT
Standard 60° ID. Manhole
I to:

Approved:
fr
District Engineer -R.C.E. 31120
Drawing Ns: S- I 0 O-A
10 ATTACHMENT 2
378
Ffrt7:7" '''77:77777744 ,
co fo O
E
4"
:A .'
•
. •
. • •
• •
•
• • I
36 u
Alhambra Fdry. A-I270
frame and cover per Std.

Dwg. N2 S-I05
i 1
••••••••...
. • '
1 SECTION A-A
2 - 2' "DINT, AT BOTH
IMLFT5 AMP DUTLET5 FOR
V.C.P. CO/J5T.

A (
slo
1 SECTION
B
•••••:.;
A •
Eccentric
Flattop
. . •
••
• • : A • a " • • „;.

SECTION B-B
0)
NOTES:
• .. I. Manholes shall be precast concrete as manufactured ' •.
by Associated Concrete Products, Inc., or approved
: A equal.
s •pe
• • 2. Concrete base and stub walls shall be poured in one operation to an elevation 2" above the top of pipe.

3. Concrete shall be Class 5f.0-C- 3250
IL Depth of the channel shall equal the pipe diameter
for all sizes of pipe.

5. The floor of the manhole shall be steel troweled.

6. Manhole bases must be poured against undisturbed
soil.

B 7. Mortar for joints shall be Costa Mesa Sanitary
C-C District Std. Dwg. No. S-I03.

COSTA MESA SANITARY DISTRICT
Standard 36" I.D. Manhole
!pate: a-18-82
Approved: 41. 14,
District Engineer -R.C.t. 31120
Drawing N2: S-101
ATTACHMENT 2 379
2 - V JOINTS AT BOTH

HUTS AND OUTLETS FOR
V.L.P. COM5T.

Std. tee
: : •
A
NOTES:

N
C
E
11 A
—SAME SIZE AS

INCOMING LINE
90°bend
:• • .
: •: 11
I I

SECTION A-A
I. Manhole construction shall conform to Costa Mesa Sanitary District Std. Dwg. No. S-100.

2. Concrete encasement shall be Class 5GO-C-32,0

3. Encasement shall be poured against undisturbed soil, or temporary forms to the dimensions shown above.

4. V.C.P. sewer pipe shall not protrude into manholes.

5. Steps for drop manholes shall be installed downstream.

G. DROP MANHOLE ID BE DO WHEN SLOPE OF INCOMING MAIN EXCEEDS 117 94.

COSTA MESA SANITARY DISTRICT Approved:
!Date: G-113-82
au-
Standard Drop Manhole
District Engineer -R.C.E. 317 211
Drawing N2: S -102
ATTACHMENT 2 380
R1711,Try." , t7rt77 , P-757c703W-7iT 'M' 11-'W
000
0000
000
00 Typ.

NOTES:

Concrete collar - CIA55 501- t, • 32511 CONCRETE
A.C. paving
0 0 0 000
I. Sewer manhole frame and cover shall be Alhambra Foundry A-1270, or approved equal.

2. COVER TO DE STAMPED ' SEWER'
3• See Std. Dwg. S-I03 for grade ring joint detail.

4. See Std. Dwg. S-I00 for manhole construction detail.

COSTA MESA SANITARY DISTRICT
Manhole Cover Detail
—IDate: c.-ta-a2
Approved: .64 14 li ge
District Engineer- .C. E. 31728
Drawing Ne: S-105
10 ATTACHMENT 2
381

ATTACHMENT 2
382

INSTALL MANHOLE FRAME
AND COVER (SEE NOTE 1C)

PROPOSED GRADE OR
TOP OF A~ANHOLE
~~~t
•- •- ~ ~ ~ l
'~;/ %
12" (300 mm) MIN.
24" (610 mm) MAX.
(SEE NOTE 2A)

TOP OF EXISTING

BRICKWORK

INSTALL MANHOLE FRAME AND
COVER (SEE NO1E 1C)~

PROPOSED GRADE OR

TOP OF MANHOLE

EXISTING GRADE OR D
TOP OF EXISTING (SEE NOTE 18)

MANHOLE
LJ LJ

REMOVE EXISTING

BRICKWORK TO AN

ELEVATION AT

WHICH INSIDE

DIAMETER OF

EXISTING MANHOLE

IS NOT LESS THAN
30" (750 mm)

RAISING EXISTING BRICK MANHOLES

INSTALL MANHOLE FRAME
EXISTING GRADE OR TOP AND COVER (SEE NOTE 1C)
OF EXISTING MANHOLE~~ TOP OF EXISTING BRICKWORK
~ ITO NPROPOSED GRADE OR ~ r I ~ E BR CKWORK N
TOP OF MANHOLE ~~ ~ ~ ~~ io ELEVATION AT
~
~o
~ `~~ WHICH UPPER

II II PORTION OF
~

MANHOLE CAN BE
RECONSTRUCT ~~ ~~ RECONSTRUCTED
BRICKWORK, ~~ 5 ~ ~ ON A TAPER NOT
40" (1 m) MIN. ~ ~ TO EXCEED TWO2
~ m HORIZONTAL TO
''' '- FIVE VERTICAL
II ~ F 0 I II
I~ ~ ~ ~ Z ~ j 1/2" (15 mm)~I I ~ W I II CEMENT
~ ~ ~ ~ ~ ~~ PLASTER
ii i .".
~I ~- -L4
i i
~, - -~ I~- EXISTING
~ Si it MANHOLE
L----- } -- - - -J

LOWERING EXISTINGBRICK MANHOLES
--- --~
1 1 1 1 Z
1 \ ~
1 I 1 1 ~
1 \ E
1 1 I 1 1
/ / 1 ~ ° zL 1__________1 , MICI ~~.~~ w
W
N

EXISTING
LL_______ —__1J MANHOLE
~~~
L1__________1J

RAISING EXISTING PRECAST

CONCRETE SEWER MANHOLES
EXISTING GRADE OR TOP OF EXISTING MANHOLE_

PROPOSED GRADE OR INSTALL MANHOLE

TOP OF MANHOLE FRAME AND COVER
n.n ~ n.n (SEE NOTE 1c)
~r~--- -- -~ul
(SEE NOTE 1B)~
fir}----- - -~tr~
1 1 1 1
/ / 1
1 I 1 1 ~
1 / I 1 1 ~ ~'
1 \
'u~------ ---- -~
o z
r~

II II WW
N
'~ EXISTING
L1__________~J MANHOLEr-t--~= r~
~~~
LL------ - -- -~J
LL_____— _-- -1J

LOWERING EXISTING PRECAST

CONCRETE SEWER MANHOLES

BRICK MANHOLES PRECAST CONCRETE SEWER MANHOLES

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

PROMULGATID BY THE STANDARD PLAN
PUBIJC WORKS STANDARD, ~N~.

GREENBOOK COMAAIT7EE
'°B'` SEWER MANHOLE AD JU STM EN T /~ O C - /~
L ~ LREV. 1888, 2009
SHEET 1 OF 3USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ATTACHMENT 2
383
NOTES:

1. GENERAL
A. EXCEPT AS INDICATED HEREON OR ON THE PLANS, MANHOLES SHALL CONFORM T0: SPPWC 200, PRECAST CONCRETE SEWER MANHOLE AND SPPWC 203, BRICK SEWER MANHOLE.

B. DIMENSION "D" SHALL BE THE SAME AS THE SIZE OF MANHOLE FRAME AND COVER TO BE USED.

C. THE CONTRACTOR MAY REUSE THE EXISTING MANHOLE FRAME AND COVER, UNLESS

DAMAGED DURING THE WORK OR WHEN OTHERWISE SHOWN IN THE
CONTRACT DOCUMENTS. ITEMS DAMAGED BY THE CONTRACTOR SHALL BE REPLACED WITH IDENTICAL NEW ITEMS AT NO EXPENSE TO THE AGENCY.

D. EXISTING STEPS LOCATED WITHIN REMOVAL LIMITS SHALL BE REPLACED. WHEN

REMOVAL OF EXISTING STEPS BEYOND THE MANHOLE REMOVAL LIMITS IS

SHOWN ON THE PLANS, THE STEPS SHALL BE REMOVED TO A DEPTH OF 2" (50 mm) BEYOND THE INSIDE FACE OF THE BRICK MANHOLE AND THE HOLES SHALL BE FILLED WITH CLASS "D" MORTAR.
2, RAISING EXISTING BRICK MANHOLES
A. BRICK MANHOLES TO BE RAISED LESS THAN 1' (300 mm) MAY BE EXTEND VERTICALLY, PROVIDED THAT AT A DEPTH OF 2 1/2' (750 mm)

BELOW THE TOP OF THE MANHOLE AT ITS NEW ELEVATION, THE INSIDE DIAMETER OF THE MANHOLE IS 30" (750 mm) OR GREATER.

B. BRICK MANHOLES TO BE RAISED LESS THAN 3 1/2" (90 mm) MAY BE RAISED BY APPLYING CLASS "D" MORTAR TO THE TOP OF THE EXISTING BRICKWORK.

IF THE BRICK MANHOLE IS TO BE RAISED 3 1/2" (90 mm) OR MORE, A

NEW COURSE OR COURSES OF BRICKWORK SHALL BE PLACED ON TOP OF THE EXISTING BRICKWORK.

3. LOWERING EXISTING BRICK MANHOLES
A. WHERE A BRICK MANHOLE IS TO BE LOWERED LESS THAN 1' (300 mm), THE FRAME MAY BE RESET ON THE EXISTING BRICKWORK AND THE 40" (1 m) MINIMUM BRICKWORK RECONSTRUCTION OMITTED, PROVIDED THAT THE

BASE OF THE FRAME DOES NOT OVERHANG THE BRICKWORK ON THE INSIDE SURFACE OF THE MANHOLE MORE THAN AN AVERAGE OF 1 1/2" (35 mm) IN ANY QUADRANT NOR MORE THAN 2" (50 mm) AT ANY POINT.

4. RAISING EXISTING PRECAST CONCRETE SEWER MANHOLES
A. PRECAST CONCRETE MANHOLES TO BE RAISED LESS THAN 3'~ (75 mm) MAY BE RAISED BY APPLYING CLASS "D" MORTAR TO THE TOP OF THE EXISTING MANHOLE,

PROVIDED THE TOTAL HEIGHT OF MORTAR, EXISTING AND NEWLY APPLIED, DOES NOT EXCEED 3" (75 mm).

B. WHERE THE PRECAST CONCRETE MANHOLE IS TO BE RAISED 3" (75 mm)

OR MORE, OR WHERE THE TOTAL HEIGHT OF MORTAR, EXISTING AND NEWLY APPLIED, WOULD EXCEED 3" (75 mm), GRADE RINGS SHALL BE UTILIZED..

CLASS "D" MORTAR MAY BE USED FOR FINAL ADJUSTMENT, BUT NOT MORE THAN 3" (75 mm) IN HEIGHT. WHERE RAISING THE MANHOLE WOULD RESULT IN THE UPPER SEGMENT OF THE SHAFT BEING MORE THAN 30" (750 mm)

IN HEIGHT, REMOVE THE REDUCER AND THE UPPER SEGMENT OF THE SHAFT,

INSTALL ADDITIONAL RINGS OR PIPE TO THE LOWER SEGMENT OF THE SHAFT, AND REINSTALL THE REDUCER AND GRADE RINGS AS REQUIRED.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN 205-2SEWER MANHOLE ADJUSTMENT
SHEET 2 OF 3
ATTACHMENT 2
384

5. LOWERING EXISTING PRECAST CONCRETE SEWER MANHOLES
A. REMOVE SUFFICIENT GRADE RINGS TO LOWER THE MANHOLES AS REQUIRED, APPLY CLASS "D" MORTAR TO A HEIGHT NOT EXCEEDING 3" (75 mm) FOR ADJUSTMENT TO FINAL GRADE.

B. WHERE REMOVAL OF GRADE RINGS WOULD RESULT IN THE UPPER SEGMENT OF THE SHAFT BEING LESS THAN 12" (300 mm) IN HEIGHT, REMOVE THE REDUCER

AND SUFFICIENT SECTIONS OF THE LOWER SEGMENT OF THE SHAFT AND

REINSTALL ANY NECESSARY SEGMENT OF THE LOWER SHAFT, THE REDUCER, AND THE GRADE RINGS TO CONFORM TO THE REQUIREMENTS OF THIS PLAN.

C. EXISTING GRADE RINGS NEED NOT BE REMOVED IF EXISTNG MORTAR IS REMOVED, AND AT LEAST 1 1/2" (35 mm) OF MORTAR MAY BE PLACED ON TOP OF THE EXISTING GRADE RINGS TO RESEAT THE FRAME.

6. REPLACEMENT OF BRICK REDUCER WITH PRECAST CONCRETE REDUCER AND SHAFT

UNLESS OTHERWISE INDICATED ON THE PLANS, THE CONTRACTOR MAY INSTALL

A PRECAST CONCENTRIC CONCRETE REDUCER, CONCRETE GRADE RINGS, AND CONCRETE PIPE IN LIEU OF RECONSTRUCTING A BRICK REDUCER, PROVIDED:

A. THE MAXIMUM ID OF SEWER PIPE CONNNECTED TO THE MANHOLE DOES NOT EXCEED 8" (200 mm).

B. THE CONTRACTOR SECURES PRIOR APPROVAL FROM THE ENGINEER TO INSTALL THE CONCENTRIC REDUCER ONTO THE MANHOLE SHAFT. THE ENGINEER MAY,

AS PART OF THE INSTALLATION REQUIREMENTS, REQUIRE THE CONTRACTOR

TO COAT THE INSIDE OF THE REDUCER, RINGS, AND PIPE WITH AN APPROVED COATING.

C. THE CONCRETE GRADE RINGS, THE CONCRETE REDUCER, AND ANY CONCRETE PIPE

SHALL BE JOINED TOGETHER AND BEDDED ONTO THE EXISTING BRICK MANHOLE WITH CLASS "D" MORTAR. THE DEPTH, WIDTH, AND THICKNESS OF THE MORTAR

SHALL BE OF SUFFICIENT DIMENSIONS TO PROPERLY AND ADEQUATELY JOIN AND BED THE COMPONENT PARTS.

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN 205-2SEWER MANHOLE ADJUSTMENT
SHEET 3 OF 3
ATTACHMENT 2
385
CO
0 CV N,
04 0 ...,
"4-
0 mcwd#15.dwg
T.:

10. I
2 ®
1/8"
1-1/8"(

VALVE STEM EXTENSION
0 A.W.W.A. 2" SQUARE OPERATING NUT
0 5" DIA. x 3/16" SPACER PLATE 12"

BELOW TOP OF OPERATING NUT
0 1 1/4" ROUND OR SQUARE STOCK
(PINNED COUPLERS ARE NOT ALLOWED)
0 SOCKET FOR 2" SQUARE OPERATING NUT
NOTES

1. PROVIDE VALVE STEM EXTENSION

WHEN DEPTH TO TO VALVE NUT
EXCEEDS 48" INCHES (FABRICATE

EXTENSION TO FIELD MEASUREMENT -
SEE NOTE 2)

2. NO VALVE STEM EXTENSION SHALL BE
LESS THAN 24" IN LENGTH.

TERMINATE EXTENSION 24" TO 30"
FROM FINISHED GRADE.

3. PROVIDE ADDITIONAL SPACER PLATE

WHEN DISTANCE TO BOTTOM SOCKET
EXCEEDS 5 FEET.

DRAIN EM
DATE,

STANDARD DRAWING

MESA WATER

DISTRICT

VALVE EXTENSION
15 RJW
APR 2018
ATTACHMENT 2
386

SECTION “G”

APPENDIX “C”

COMMUNITY WORKFORCE

AGREEMENT

ATTACHMENT 2
387
ATTACHMENT 2
388
ATTACHMENT 2
389
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390
ATTACHMENT 2
391
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392
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393
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422
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424
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425
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426
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427
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428
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429
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430
ATTACHMENT 2
431
ATTACHMENT 2
432
ATTACHMENT 2
433
ATTACHMENT 2
434
ATTACHMENT 2
435
ATTACHMENT 2
436
ATTACHMENT 2
437

CITY OF COSTA MESA
ADAMS AVENUE (from Royal Palm Drive to Santa Ana River) and
ROYAL PALM DRIVE (FROM Adams Avenue to Elm Street)

PAVEMENT REHABILITATION PROJECT
CITY PROJECT No. 23-07
1 CITY PROJECT NO. 23-07

STREET IMPROVEMENT PLANS

CITY OF COSTA MESA
15 ENGINEERING

KABBARA
BID SET 11-29-2023
ATTACHMENT 2
438

TYPICAL SECTION

ROYAL PALM DRIVE
FROM ADAMS AVE. TO ELM ST.(N)

TYPICAL SECTION

ADAMS AVENUE

TYPICAL SECTION

ADAMS AVENUE

REMOVALS LIMITS TO BE DETERMINED AFTER COLD MILLING
CITY PROJECT NO. 23-07

STREET IMPROVEMENT PLANS

CITY OF COSTA MESA
15 ENGINEERING
KABBARA2
ATTACHMENT 2
439
CITY PROJECT NO. 23-07

STREET IMPROVEMENT PLANS

CITY OF COSTA MESA
15 ENGINEERING
KABBARA3
FROM

ADAMS AVENUE
SANTA ANA RIVER TO STA 86+00.00
SEE SHEET 2 FOR TYPICAL SECTIONS
ATTACHMENT 2
440
CITY PROJECT NO. 23-07

STREET IMPROVEMENT PLANS

CITY OF COSTA MESA
15 ENGINEERING
KABBARA4
FROM

ADAMS AVENUE
STA 86+00.00 TO STA 110+00.00
SEE SHEET 2 FOR TYPICAL SECTIONS
ATTACHMENT 2
441
CITY PROJECT NO. 23-07

STREET IMPROVEMENT PLANS

CITY OF COSTA MESA
15 ENGINEERING
KABBARA5
FROM

ADAMS AVENUE
STA 109+00.00 TO ROYAL PALM DRIVE
SEE SHEET 2 FOR TYPICAL SECTIONS
median modification
ATTACHMENT 2
442

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE

SIGNING AND STRIPING PLAN
15 6
SS-1
11/21/23
11/27/23
ATTACHMENT 2
443

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE

SIGNING AND STRIPING PLAN
15 7
SS-2
11/21/23
11/27/23
ATTACHMENT 2
444

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE

SIGNING AND STRIPING PLAN
15 8
SS-3
11/21/23
11/27/23
ATTACHMENT 2
445

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE

SIGNING AND STRIPING PLAN
15 9
SS-4
11/21/23
11/27/23
ATTACHMENT 2
446

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE

SIGNING AND STRIPING PLAN
15 10
SS-5
11/21/23
11/27/23
ATTACHMENT 2
447

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE

SIGNING AND STRIPING PLAN
15 11
SS-6
11/21/23
11/27/23
ATTACHMENT 2
448

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE

SIGNING AND STRIPING PLAN
15 12
SS-7
11/21/23
11/27/23
ATTACHMENT 2
449

CITY OF COSTA MESA

DEPARTMENT OF PUBLIC WORKS / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE
15 LOOP PLAN
13 LOOP-1
11/21/23
11/27/23
ATTACHMENT 2
450

CITY OF COSTA MESA

DEPARTMENT OF PUBLIC WORKS / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE
15 LOOP PLAN
14 LOOP-2
11/21/23
11/27/23
ATTACHMENT 2
451

CITY OF COSTA MESA

DEPARTMENT OF PUBLIC WORKS / TRANSPORTATION SERVICES DIVISION

BENCHMARKREVISIONS

ADAMS AVENUE
15 LOOP PLAN
15 LOOP-3
11/21/23
11/27/23
ATTACHMENT 2
452

EXHIBIT C

BONDS

ATTACHMENT 2
453

EXHIBIT D

INSURANCE

ATTACHMENT 2
454

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/8/2024
Edgewood Partners Insurance Center
P .O
. Box 5003
San Ramon, CA 94583
559-451-3200 925-901-0671
www.epicbrokers.com CA LICENSE #0B29370 Arch Specialty Insurance Company 21199 Zurich American Insurance Company 16535
Great American Insurance Company 16691
A 1,000,000DPC100585607 8/1/2023 8/1/2024
100,000
✓
✓
1,000,000
2,000,000
2,000,000✓
B BAP557108811 8/1/2023 8/1/2024 2,000,000
✓
✓ ✓
C TUE347483603 8/1/2023 8/1/2024 5,000,000✓
5,000,000✓
Following-Form✓ 10,000
B WC593205710 8/1/2023 8/1/2024 ✓
1,000,000N
1,000,000
1,000,000
Maleah Cantrell
Certificates Department
[email protected]
All American Asphalt
P .O
. Box 2229
Corona CA 92878
78582659
City of Costa Mesa
P .O
. Box 1200, 77 Fair Drive
Costa Mesa CA 92628
#23-07 / RE: ADAMS AVENUE AND ROYAL PALM DRIVE REHABILITATION / Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation 78582659 | 23 [01] Standard with $5mm XS | Yleani Martinez | 2/8/2024 4:59:21 PM (PST) | Page 1 of 11 ATTACHMENT 2
455
epicbrokers.com edgewood partners insurance center ca license 0B29370 PO Box 5003
San Ramon, CA 94583
Phone:  925.244.7700
Fax:  925.901‐0244
Email:  [email protected]
CERTIFICATE HOLDER:

Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the above referenced Certificate Holder; except, 10 days notice for non‐payment of premium.

Sincerely,
________________
_____________
Date Issued:

To: Whom it may concern
Regarding: Notice of Cancellation
Named Insured(s):

Policy Number(s):
2/8/2024
All American Asphalt
City of Costa Mesa
P .O
. Box 1200, 77 Fair Drive
Costa Mesa CA 92628
DPC100585607
WC593205710
BAP557108811
TUE347483603
Maleah Cantrell
78582659 | 23 [01] Standard with $5mm XS | Yleani Martinez | 2/8/2024 4:59:21 PM (PST) | Page 2 of 11 ATTACHMENT 2
456
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):

Location(s) Of Covered Operations
Any person or organization where the Named
Insured has agreed to add as an additional insured
by written contract or agreement, provided the
contract or agreement is executed prior to any
"occurrence" or offense
Any location where required by written contract or
agreement, provided the contract or agreement is
executed prior to any "occurrence" or offense.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those
acting on your behalf;
in the performance of your ongoing
operations for the additional insured(s) at
the location(s) designated above.

However:

1. The insurance afforded to such
additional insured only applies to
the extent permitted by law; and

2. If coverage provided to the
additional insured is required by a
contract or agreement, the
insurance afforded to such
additional insured will not be
broader than that which you are
required by the contract or
agreement to provide for such
additional insured.

B. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to “bodily
injury” or “property damage” occurring
after:

1. All work, including materials, parts
or equipment furnished in
connection with such work, on the
project (other than service,
maintenance or repairs) to be
performed by or on behalf of the
additional insured(s) at the location
of the covered operations has been
completed; or

2. That portion of “your work” out of
which the injury or damage arises
has been put to its intended use by
any person or organization other
than another contractor or
subcontractor engaged in
78582659 | 23 [01] Standard with $5mm XS | Yleani Martinez | 2/8/2024 4:59:21 PM (PST) | Page 3 of 11 ATTACHMENT 2
457
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 performing operations for a
principal as a part of the same
project.

C. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III – Limits Of
Insurance:

If coverage provided to the additional
insured is required by a contract or
agreement, the most we will pay on behalf
of the additional insured is the amount of
insurance:

1. Required by the contract or
agreement; or

2. Available under the applicable
Limits of Insurance shown in the
Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in
the Declarations.

All other terms and conditions of this policy remain unchanged.

Endorsement Number:

This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Policy Number:

Named Insured:

Endorsement Effective Date:

All American Asphalt
DPC100585607
SCHEDULE:

The City of Costa Mesa and their elected and appointed boards, officers
, agents, employees.
08/01/2023
REFERENCE:
#23-07 / RE: ADAMS AVENUE AND ROYAL PALM DRIVE

REHABILITA
TION /
78582659 | 23 [01] Standard with $5mm XS | Yleani Martinez | 2/8/2024 4:59:21 PM (PST) | Page 4 of 11 ATTACHMENT 2
458
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2

COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Any person or organization where the Named Insured
has agreed to add as an additional insured by written
contract or agreement, provided the contract or
agreement is executed prior to any "occurrence" or
offense
All locations where required by contract.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Schedule, but only with
respect to liability for “bodily injury” or
“property damage” caused, in whole or in
part, by “your work” at the location
designated and described in the Schedule
of this endorsement performed for that
additional insured and included in the
“products-completed operations hazard”.

However:

1. The insurance afforded to such
additional insured only applies to
the extent permitted by law; and

B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III – Limits Of
Insurance:

If coverage provided to the additional
insured is required by a contract or
agreement, the most we will pay on behalf
of the additional insured is the amount of
insurance:

1. Required by the contract or
agreement; or

2. Available under the applicable
Limits of Insurance shown in the
Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in
the Declarations.
78582659 | 23 [01] Standard with $5mm XS | Yleani Martinez | 2/8/2024 4:59:21 PM (PST) | Page 5 of 11 ATTACHMENT 2
459
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 All other terms and conditions of this Policy remain unchanged.

Endorsement Number:

Named Insured:

Endorsement Effective Date:

All American Asphalt
DPC100585607
SCHEDULE:

The City of Costa Mesa and their elected and appointed boards, officers
, agents, employees.
08/01/2023
REFERENCE:
#23-07 / RE: ADAMS AVENUE AND ROYAL PALM DRIVE

REHABILITA
TION /
78582659 | 23 [01] Standard with $5mm XS | Yleani Martinez | 2/8/2024 4:59:21 PM (PST) | Page 6 of 11 ATTACHMENT 2
460
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory
Insurance
This insurance is primary to and will not
seek contribution from any other
insurance available to an additional
insured under your policy provided that:
(1) The additional insured is a Named
Insured under such other insurance;
and
(2) You have agreed in writing in a
contract or agreement that this
insurance would be primary and
would not seek contribution from
any other insurance available to the
additional insured.

All other terms and conditions of this policy remain unchanged.

Endorsement Number:

Named Insured:

Endorsement Effective Date:

All American Asphalt
DPC100585607
SCHEDULE:

The City of Costa Mesa and their elected and appointed boards, officers
, agents, employees.
08/01/2023
REFERENCE:
#23-07 / RE: ADAMS AVENUE AND ROYAL PALM DRIVE

REHABILITA
TION /
78582659 | 23 [01] Standard with $5mm XS | Yleani Martinez | 2/8/2024 4:59:21 PM (PST) | Page 7 of 11 ATTACHMENT 2
461
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Any person or organization where the waiver of our right to recover is permitted by law and is required by written contract or agreement, provided the contract or agreement is executed prior to any occurrence or offense
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
of Section IV – Conditions
:

We waive any right of recovery we may have
against the person or organization shown in the
for injury or damage arising out of your ongoing
operations or “your work” done under a contract
with that person or organization and included in
the “products-completed operations
hazard”. This waiver applies only to the person
or organization shown in the Schedule above.

Schedule above because of payments we make
All other terms and conditions of this policy remain unchanged.

Endorsement Number:

Named Insured:

Endorsement Effective Date:

All Amer
ican Asphalt
DPC100585607
SCHEDULE:

The City of Costa Mesa and their elected and appointed boards, officers
, agents, employees.
08/01/2023
REFERENCE:
#23-07 / RE: ADAMS AVENUE AND ROYAL PALM DRIVE

REHABILITA
TION /
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462
2/8/2024
All American Asphalt
SCHEDULE:

The City of Costa Mesa and their elected and appointed boards, officers
, agents, employees.

BAP557108811
08/01/2023
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463
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the prov isions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured:

Endorsement Effective Date:

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN

CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE

ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER

THIS POLICY
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the “accident” or the “loss” under a contract with
that person or organization.
2/8/2024
All American Asphalt
SCHEDULE:

The City of Costa Mesa and their elected and appointed boards, officers
, agents, employees.

BAP557108811
08/01/2023
78582659 | 23 [01] Standard with $5mm XS | Yleani Martinez | 2/8/2024 4:59:21 PM (PST) | Page 10 of 11 ATTACHMENT 2
464
WC 252 (4-84)
WC 04 03 06 (Ed. 4-84) Page 1 of 1
WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)

WAIV ER OF OUR R IG HT TO R ECOV ER FR OM OTHER S ENDOR SEM ENT------

CALIFORNIA

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be % of the California workers’ compensation pre- mium otherwise due on such remuneration.

Schedule
Person or Organization Job Description

0.00 ALL PERSONS AND/OR ALL CA OPERATIONS

ORGANIZATIONS THAT

ARE REQUIRED BY

WRITTEN CONTRACT OR

AGREEMENT WITH THE

INSURED, EXECUTED

PRIOR TO THE

ACCIDENT OR LOSS,

THAT WAIVER OF

SUBROGATION BE

PROVIDED UNDER THIS

POLICY FOR WORK

PERFORMED BY YOU FOR

THAT PERSON AND/OR

ORGANIZATION

Policy Number:

Named Insured:

Endorsement Effective Date:

SCHEDULE:

The City of Costa Mesa and their elected and
appointed boards, officers, agents, employees.

WC593205710
All American Asphalt
08/01/2023
REFERENCE:
#23-07 / RE: ADAMS AVENUE AND ROYAL PALM

DRIVE REHABILITA
TION /
78582659 | 23 [01] Standard with $5mm XS | Yleani Martinez | 2/8/2024 4:59:21 PM (PST) | Page 11 of 11 ATTACHMENT 2
465

EXHIBIT E

DRUG-FREE WORKPLACE POLICY
ATTACHMENT 2
466
CO
UNCIL POLICY – DRUG FREE WORKPLACE

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT

POLICY
NUMBER

EFFECTIVE
DATE

PAGE

DRUG-FREE WORKPLACE

100-5

8/08/89

1 OF 3

BACKGROUND

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

PURPOSE

It is the purpose of this Policy to:

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

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

POLICY

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

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

A. Publishing a statement notifying employees that the unlawful manufacturer, distribution, dispensing, possessing, or use of a controlled substance is prohibited in Contractor's and/or subgrantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will taken against the employees for violation of such prohibition;

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

1. The dangers of drug abuse in the workplace;

ATTACHMENT 2
467

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT

POLICY
NUMBER

EFFECTIVE
DATE

PAGE

DRUG-FREE WORKPLACE

100-5

8/08/89

2 OF 3

2. Contractor's and/or subgrantee's policy of maintaining a drug-free workplace;

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

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

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

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

1. Abide by the terms of the statement; and

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

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

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

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

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

G. Making a good faith effort to maintain a drug-free workplace through implementation of Subparagraph 1.A through 1.F, inclusive.

2. Contractor and/or subgrantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

A. Contractor and/or subgrantee has made a false certification under Paragraph 1 above.

ATTACHMENT 2
468

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT

POLICY
NUMBER

EFFECTIVE
DATE

PAGE

DRUG-FREE WORKPLACE

100-5

8/08/89

3 OF 3

B. Contractor and/or subgrantee has violated the certification by failing to carry out the requirements of Subparagraphs 1.A through 1.G above.

C. Such number of employees of Contractor and/or subgrantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the Contractor and/or subgrantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any Contractor and/or subgrantee be deemed to be in violation of this Policy pursuant to the provisions of 2.A, B and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, or local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a Contractor and/or subgrantee, the Contractor and/or subgrantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon Issuance of any final decision recommending against debarment of the Contractor and/or subgrantee, the Contractor and/or subgrantee shall be eligible for compensation as provided by law.

ATTACHMENT 2
469

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-068 Meeting Date: 3/19/2024
TITLE:

AUTOMATED LICENSE PLATE READER (ALPR) CAMERA SYSTEM LEASE AND

MAINTENANCE AGREEMENT
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: DAVID CASAREZ, LIEUTENANT
CONTACT INFORMATION: DAVID CASAREZ, 714-754-5266
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the lease of 31 existing Flock Safety Inc. automated license plate reader (ALPR) camera systems from the Omnia Partners Cooperative Agreement No. 23-6692-03 with Insight Public Sector in an amount not to exceed $306,900 utilizing general funds from the department’s budget for a term of three years.

2. Authorize the lease of 15 new Flock Safety Inc. automatic license plate reader (ALPR) camera systems from the Omnia Partner Cooperative Agreement No. 23-6692-03 with Insight Public Sector in an amount not to exceed $153,750 utilizing funds from the awarded Organized Retail Theft (ORT) grant for a term of three years.

3. Authorize the City Manager or designee to execute two separate agreements for maintenance of the automated license plate reader (ALPR) camera systems with Flock Safety Inc., in a form approved by the City Attorney.

BACKGROUND:

Auto theft not only deprives vehicle owners of their property but also furnishes criminals with a means to carry out additional offenses in stolen vehicles. Consequently, crimes frequently involve the use of stolen automobiles. Directing proactive enforcement measures towards auto theft often reveals other criminal activities and serves as a deterrent to more serious offenses.

Police agencies have employed Automated License Plate Reader (ALPR) technology to locate stolen vehicles and solve crimes involving the use of automobiles. The evolution of ALPR technology has made it more affordable. Traditional ALPR systems are comprised of costly fixed camera locations or mobile devices in patrol cars. Although the Costa Mesa Police Department has previously deployed other mobile ALPRs for years, these older devices have reached the end of their operational life and are no longer in use.

Page 1 of 4 ends

470
File #: 24-068 Meeting Date: 3/19/2024
The Flock Safety Inc. ALPR System (Flock) entails installing cameras throughout an area to improve coverage. The proposed lease with Flock comprises 15 additional cameras to complement the existing 31 cameras already leased/used by the Costa Mesa Police Department. Flock cameras are situated to monitor major entry and exit points across the city, strategically positioned to aid in criminal investigations and the recovery of stolen vehicles.

Flock captures data such as date, time, location, license plate details (state, partial, paper, and no plate), and vehicle information (type and color). These features allow for retroactive search capabilities to investigate crimes. Moreover, the Costa Mesa Police Department utilizes Flock’sreal- time alerting for “hotlist”vehicles, which include stolen vehicles, vehicles used in crimes, and vehicles associated with wanted criminals. This feature allows for the immediate notification and response of police personnel to stop, investigate, and apprehend wanted criminals.

Flock’stechnology gathers unbiased evidence while preserving individual privacy. Flock does not photograph or record vehicle occupants and does not employ facial recognition capabilities. The data collected by the ALPR cameras is utilized for law enforcement investigations only. This data is shared exclusively with law enforcement agencies within California.

Flock cameras are self-sustained, utilizing solar and cellular (LTE) data communications which is a favorable and cost-effective approach to deploying ALPR cameras in the community. Unlike other fixed or mobile ALPR devices, Flock allows for broader coverage of the city, with vendor-provided system maintenance rather than relying on City staff. Flock’slease program offers an all-inclusive model for deploying ALPR cameras, as Flock is the sole manufacturer and developer of the Flock ALPR camera. Notably, Flock differs from other ALPR companies as they are the only manufacturer and service provider that offers ALPR services through its leasing contracts, while others require the city to purchase equipment.

Flock offers significant advantages, including a straightforward annual flat-rate lease per camera priced at $3,000. Additionally, Flock includes a two-year warranty, Criminal Justice Information Services (CJIS) compliant cloud-based hosting, unlimited user licenses, continuous software improvements, camera setup, mounting, shipping, and handling.

ANALYSIS:

In June 2022, the City leased 31 Flock Safety ALPR cameras through Omnia Partners Cooperative Agreement No. 44-0000-6644 with Insight Public Sector. The City entered into a one-year agreement with Flock Safety, Inc. approved to form by Legal, to lease and provide maintenance to the 31 Flock Safety ALPR cameras. Since then, a new cooperative agreement No. 23-6692-03 through Omnia Partners with Insight Public Sector has been executed. This agreement will be utilized for the lease and maintenance in total of 46 Flock Safety Inc. automated license plate reader (ALPR) camera systems.

This cooperative agreement meets all requirements set forth by the City of Costa Mesa’sPurchasing Policy and all the requirements set forth by the State of California regarding regional, state, and national cooperative purchasing agreements. Omnia Partners has established an approved vendor list following a nationwide competitive bid process, which includes Insight Public Sector. This process

Page 2 of 4 ends

471
File #: 24-068 Meeting Date: 3/19/2024
list following a nationwide competitive bid process, which includes Insight Public Sector. This process confirms the City still receives the lowest available pricing and meets the competitive bid process requirements. At the time of the initial contract, the purchase did not meet the cost threshold for City Council approval. Since that time, a new cooperative agreement through Omnia Partners with Insight Public Sector was executed with a modest price increase requiring City Council approval.

Since the installation of Flock in February 2023, Costa Mesa’sALPR cameras have directly led to 84 felony arrests, including cases of grand theft, possession of stolen vehicles, embezzled vehicles, vehicle burglaries, and apprehending wanted individuals. Flock has also led to the recovery of 69 stolen vehicles in Costa Mesa, valued at approximately $1.118 million. Additionally, crucial information about a vehicle linked to a homicide suspect from another jurisdiction was captured as it drove through Costa Mesa. This information was shared with the local investigating agency and led to the arrest of the homicide suspect.

ALTERNATIVES:

The City Council may elect not to renew the lease for the established 31 Flock ALPR Systems; however, this is not recommended as they have already proven to be a valuable tool in the recovery of stolen vehicles, apprehending dangerous wanted criminals, and increasing public safety.

The City Council may elect not to move forward with the lease of the 15 Flock ALPR Systems; however, this alternative is not recommended as the primary goal of the awarded ORT Grant is to increase directed enforcement and investigative capabilities in an effort to reduce retail theft, auto theft, and auto accessory theft in the community.

FISCAL REVIEW:

The lease and maintenance of 31 Flock ALPR systems are included in the Police Department’sFY 2023/24 General Fund budget.

There are sufficient appropriations for technology under the awarded $3.5 million ORT Grant to fund a 3-year agreement to lease and maintain an additional 15 Flock ALPR systems.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

Staff recommends the City Council:

Page 3 of 4 ends

472
File #: 24-068 Meeting Date: 3/19/2024
department’s budget for a term of three years.

2. Authorize the lease of 15 Flock Safety Inc. automatic license plate reader (ALPR) camera systems from the Omnia Partner Cooperative Agreement No. 23-6692-03 with Insight Public Sector in an amount not to exceed $153,750 utilizing funds from the awarded Organized Retail Theft (ORT) grant for a term of three years.

3. Authorize the City Manager or designee to execute an agreement for maintenance of the automated license plate reader (ALPR) camera systems with Flock Safety Inc. in a form approved by the City Attorney.

Page 4 of 4 ends

473
HTTP://WWW.INSIGHT.COM

Page 1 of 4 ends

2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 11115748

CITY OF COSTA MESA

ACCOUNTS PAYABLE
PO BOX 1200
COSTA MESA CA 92628-1200

SHIP-TO

CITY OF COSTA MESA
POLICE DEPT.
99 FAIR DR
COSTA MESA CA 92626-6520
We deliver according to the following terms:

Payment Terms : Net 30 days
Ship Via : Insight Assigned Carrier/Ground
Terms of Delivery : FOB ORIGIN
Currency : USD
Quotation
Quotation Number : 0227058913
Document Date : 25-JAN-2024
PO Number :

PO release: :

Sales Rep : Cathy Chapman
Email : [email protected]
Telephone :

Customer understands, accepts and agrees that this purchase is subject to Flock Safety's End User License Agreement, available at: https://www.flocksafety.com/terms-and-conditions-eula TERM LENGTH: 36 Months
**MUST BE INCLUDED ON CLIENT PO**
THIS IS A 3 YEAR ANNUAL PAYMENT COMMITMENT
Year 1 - Lines 20-50 - $54,750.00 plus applicable tax - Invoiced 100% upon issuance of PO Year 2 - Line 60-70 - $49,500.00 plus applicable tax - Invoiced at first anniversary Year 3 - Line 80-90 - $49,500.00 plus applicable tax - Invoiced at first anniversary Total Contract Commit - $153,750.00 plus applicable tax Material Material Description Quantity Unit Price Extended Price PARTNER-MDS-PO MANUAL PO - SALES NOTES TO PURCHASING 1

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
Solution includes the following:

PS-IMP-STD-CHEC FLOCK GROUP ONE-TIME PROFESSIONAL

SERVICES -

STANDARD IMPLEMENTATION FEE
6 650.00 3,900.00

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 848.99
Discount: 23.438%

PS-IMP-EXST FLOCK GROUP PROFESSIONAL SERVICES

EXISTING

INFRASTRUCTURE MOUNTING SERVICE
9 150.00 1,350.00

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 195.99
Discount: 23.465%
ATTACHMENT 1
474
HTTP://WWW.INSIGHT.COM
Document Date 25-JAN-2024
Quotation Number 227058913

Page 2 of 4 ends

Material Material Description Quantity Unit Price Extended Price FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTURE-

FREE (SOLAR
POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REAL-
TIME

ALERTS FOR UNLIMITED USERS
15 3,000.00 45,000.00
Coverage Dates: 01-MAR-2024 - 28-FEB-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%

FLCK-FALCON-EXTD EXTENDED DATA PER CAMERA ADDITIONAL
DATA
STORAGE OF UP TO 12 MONTHS. SUBJECT TO
REVIEW

AND ADHERENCE WITH FLOCK SAFETY'S DATA
RETENTION POLICY. APPROVAL FROM FLOCK
SAFETY

REQUIRED
15 300.00 4,500.00
Coverage Dates: 01-MAR-2024 - 28-FEB-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 331.99
Discount: 9.636%
FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTURE-

FREE (SOLAR
POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REAL-
TIME

ALERTS FOR UNLIMITED USERS
15 3,000.00 45,000.00
Coverage Dates: 01-MAR-2025 - 28-FEB-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%

FLCK-FALCON-EXTD EXTENDED DATA PER CAMERA ADDITIONAL
DATA
STORAGE OF UP TO 12 MONTHS. SUBJECT TO
REVIEW

AND ADHERENCE WITH FLOCK SAFETY'S DATA
RETENTION POLICY. APPROVAL FROM FLOCK
SAFETY

REQUIRED
15 300.00 4,500.00
Coverage Dates: 01-MAR-2025 - 28-FEB-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 331.99
Discount: 9.636%
475
HTTP://WWW.INSIGHT.COM
Document Date 25-JAN-2024
Quotation Number 227058913

Page 3 of 4 ends

FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTURE-

FREE (SOLAR
POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REAL-
TIME

ALERTS FOR UNLIMITED USERS
15 3,000.00 45,000.00
Coverage Dates: 01-MAR-2026 - 28-FEB-2027

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%

FLCK-FALCON-EXTD EXTENDED DATA PER CAMERA ADDITIONAL
DATA
STORAGE OF UP TO 12 MONTHS. SUBJECT TO
REVIEW

AND ADHERENCE WITH FLOCK SAFETY'S DATA
RETENTION POLICY. APPROVAL FROM FLOCK
SAFETY

REQUIRED
15 300.00 4,500.00
Coverage Dates: 01-MAR-2026 - 28-FEB-2027

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 331.99
Discount: 9.636%
Product Subtotal 148,500.00
Services Subtotal 5,250.00
TAX 0.00
Total 153,750.00
Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.

Sincerely,
Cathy Chapman
[email protected]
To purchase under this contract, your agency must be registered with OMNIA Partners Public Sector.

Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options.

This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at the “terms-and-policies” link below.

Page 4 of 4 ends

paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs. https://www.insight.com/terms-and-policies
477
HTTP://WWW.INSIGHT.COM

Page 1 of 3 ends

2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 11115748

CITY OF COSTA MESA

ACCOUNTS PAYABLE
PO BOX 1200
COSTA MESA CA 92628-1200

SHIP-TO

CITY OF COSTA MESA
POLICE DEPT.
99 FAIR DR
COSTA MESA CA 92626-6520
We deliver according to the following terms:

Payment Terms : Net 30 days
Ship Via : Insight Assigned Carrier/Ground
Terms of Delivery : FOB ORIGIN
Currency : USD
Quotation
Quotation Number : 0227114304
Document Date : 12-FEB-2024
PO Number :

PO release: :

Sales Rep : Cathy Chapman
Email : [email protected]
Telephone :

Customer understands, accepts and agrees that this purchase is subject to Flock Safety's End User License Agreement, available at: https://www.flocksafety.com/terms-and-conditions-eula TERM LENGTH: 38 Months
TERM: 2/11/2024 – 4/10/2027
Per Flock Agreement, addition 2 months added to final year at no charge. **MUST BE INCLUDED ON CLIENT PO**
THIS IS A 3 YEAR ANNUAL PAYMENT COMMITMENT
Year 1 - Line 20-30 - $102,300.00 plus applicable tax - Invoiced 100% upon issuance of PO Year 2 - Line 40-50 - $102,300.00 plus applicable tax - Invoiced at first anniversary Year 2 - Line 60-70 - $102,300.00 plus applicable tax - Invoiced at first anniversary Total Contract Commit - $306,900.00 plus applicable tax Material Material Description Quantity Unit Price Extended Price PARTNER-MDS-PO MANUAL PO - SALES NOTES TO PURCHASING 31

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
Solution includes the following:

FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTURE-

FREE (SOLAR
POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REAL-
TIME

ALERTS FOR UNLIMITED USERS
31 3,000.00 93,000.00
Coverage Dates: 11-FEB-2024 - 10-FEB-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%
ATTACHMENT 2
478
HTTP://WWW.INSIGHT.COM
Document Date 12-FEB-2024
Quotation Number 227114304

Page 2 of 3 ends

Material Material Description Quantity Unit Price Extended Price

FLCK-FALCON-EXTD EXTENDED DATA PER CAMERA ADDITIONAL
DATA
STORAGE OF UP TO 12 MONTHS. SUBJECT TO
REVIEW

AND ADHERENCE WITH FLOCK SAFETY'S DATA
RETENTION POLICY. APPROVAL FROM FLOCK
SAFETY

REQUIRED
31 300.00 9,300.00
Coverage Dates: 11-FEB-2024 - 10-FEB-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 331.99
Discount: 9.636%
FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTURE-

FREE (SOLAR
POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REAL-
TIME

ALERTS FOR UNLIMITED USERS
31 3,000.00 93,000.00
Coverage Dates: 11-FEB-2025 - 10-FEB-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%

FLCK-FALCON-EXTD EXTENDED DATA PER CAMERA ADDITIONAL
DATA
STORAGE OF UP TO 12 MONTHS. SUBJECT TO
REVIEW

AND ADHERENCE WITH FLOCK SAFETY'S DATA
RETENTION POLICY. APPROVAL FROM FLOCK
SAFETY

REQUIRED
31 300.00 9,300.00
Coverage Dates: 11-FEB-2025 - 10-FEB-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 331.99
Discount: 9.636%
FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTURE-

FREE (SOLAR
POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REAL-
TIME

ALERTS FOR UNLIMITED USERS
31 3,000.00 93,000.00
Coverage Dates: 11-FEB-2026 - 10-APR-2027

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%
479
HTTP://WWW.INSIGHT.COM
Document Date 12-FEB-2024
Quotation Number 227114304

Page 3 of 3 ends

FLCK-FALCON-EXTD EXTENDED DATA PER CAMERA ADDITIONAL
DATA
STORAGE OF UP TO 12 MONTHS. SUBJECT TO
REVIEW

AND ADHERENCE WITH FLOCK SAFETY'S DATA
RETENTION POLICY. APPROVAL FROM FLOCK
SAFETY

REQUIRED
31 300.00 9,300.00
Coverage Dates: 11-FEB-2026 - 10-APR-2027

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 331.99
Discount: 9.636%
Product Subtotal 306,900.00
TAX 0.00
Total 306,900.00
Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.

Sincerely,
Cathy Chapman
[email protected]
To purchase under this contract, your agency must be registered with OMNIA Partners Public Sector.

SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings (“Software and Cloud Offerings”), each offering will be subject to the applicable supplier's end user license and use terms ("Supplier Terms") made available by the supplier or which can be found at the “terms-and-policies” link below. By ordering, paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs. https://www.insight.com/terms-and-policies
480
End-User License Agreement

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

Attachment 3
481

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of 482
Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of Authorized End User which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies; the competitive strength of, or market for, Flock’s products or services; such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing 483
access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”); or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they 484
do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of 485
Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality, and performance of this Agreement. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent 486
the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.
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6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable cooperative agreement Order Form.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

10.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole 488
discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.5 Insurance. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock 489
or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement.

Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
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9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, 491
on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

9.4 Customer Indemnity. To the extent permitted by law, Customer shall indemnify and hold harmless Flock against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of Customer Obligations, Customer’s sharing of any Customer Data, including any claim that such actions violate any applicable law or third party right.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the 492
event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
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11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms on an applicable Order Form or purchase order and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
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11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Public Disrepute. In the event Customer or its employees become the subject of an indictment, arrest, public disrepute, contempt, scandal or behaves in a manner that, in the reasonable judgment of Flock, reflects unfavorably upon Flock, and/or their officers or principals, licensees, such act(s) or 495
omission(s) shall constitute a material breach of this Agreement and Flock shall, in addition to any other rights and remedies available to it hereunder, whether at law or in equity, have the right to elect to terminate this Agreement.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

CUSTOMER NOTICES ADDRESS:
77 Fair Drive
Costa Mesa, CA 92626
ATTN: Captain Brian Wadkins, POLICE DEPARTMENT

With a copy to:

Jones Mayer
Costa Mesa City Attorney
3777 N. Harbor Blvd.

Fullerton, CA 92835

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-100 Meeting Date: 3/19/2024
TITLE:

AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES AGREEMENT (PSA) WITH CABCO YELLOW, INC. FOR SENIOR TRANSPORTATION PROGRAMS
DEPARTMENT: PARKS AND COMMUNITY SERVICES DEPARTMENT
PRESENTED BY: ALMA REYES, DEPUTY CITY MANAGER
CONTACT INFORMATION: ALMA REYES, DEPUTY CITY MANAGER, (714) 754-5090 RECOMMENDATION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and the City Clerk to execute Amendment No. 1 to the Professional Services Agreement (PSA) with CabCo Yellow, Inc, DBA California Yellow Cab, for the Senior Transportation Programs and NHS Transportation Program to increase the not-to- exceed amount by $130,000 for a total of $300,000 annually with a 10% contingency.

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

BACKGROUND:

The Costa Mesa Senior Center offers a Senior Transportation Program (STP) for Costa Mesa residents age 60 and older. The STP includes two components - the Senior Mobility Program (SMP) and the Medical Transportation Program (MTP).

The Senior Mobility Program (SMP) provides transportation to and from the Senior Center as well as for personal shopping trips and social trips within the boundaries of Costa Mesa’scity limits. The program is paid for primarily by the Orange County Transportation Authority (OCTA) Measure M2 Fund dollars, with a 20% matching requirement of all M2 funds spent per year. M2 funding transportation improvements across the county is based on sales tax and is allocated to participating cities based on their share of the age 60 and older population and the amount of funding available.

The 20% match from the city may be comprised of any combination of direct costs associated with the program or in-kind costs such as administrative costs, staff salaries and benefits, equipment maintenance, advertising, etc. M2 funding must be spent within three years of when payment is received, or the city must return it with interest. Any M2 funding that goes unspent within a fiscal year must be spent in the following year with a 20% match from the city.

The Medical Transportation Program (MTP) is provided through a grant funding partnership from

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File #: 24-100 Meeting Date: 3/19/2024
The Medical Transportation Program (MTP) is provided through a grant funding partnership from Newport Hoag Hospital as well as M2 funding. Hoag grant funding is provided on a calendar year basis. In 2023, Hoag provided $50,000 for the MTP in 2023 and it provided $75,000 in 2024. This program provides senior citizens with transportation to and from their home/residence to various medical facilities in Costa Mesa, as well as medical appointments in Newport Beach, Fountain Valley, Santa Ana, Huntington Beach, Tustin, Irvine, Westminster, Garden Grove, Orange, La Habra, Anaheim, and the Long Beach VA Hospital.

In 2020, the City entered into an emergency one-year PSA with California Yellow Cab. On May 18, 2021, City Council approved a five-year PSA for California Yellow Cab to provide services for the SMP and MTP. California Yellow Cab provides taxis for individuals in need of transportation and can be scheduled 48 hours in advance. California Yellow Cab charges $12.50 per ride anywhere in Costa Mesa and charges an additional $2.50 per mile beyond Costa Mesa for appointments. Currently, the city subsidizes 100% of the cost of every ride to allow free transportation to program users, allows both one-way and round-trip rides, and has no limit on the number of rides a program user may book per month.

The PSA with California Yellow Cab also provides services to Network for Homeless Solutions (NHS) clientele, but this service is in addition to the SMP or MTP. The current PSA allows for $2,500 worth of taxi rides booked at the discretion of the NHS staff.

ANALYSIS:

The not-to-exceed amount of the PSA with California Yellow Cab was originally set at $170,000 with a 10% contingency, which makes the maximum of the contract at $187,000. This amount was based on the M2 projection from OCTA for the current year with the 20% City match. This not to exceed amount needs to be increased by $130,000 in order to maintain the current level of service. In FY 22/23, the city received $126,844 of M2 funding for the program. With the city’srequired 20% match, program funding amounts to $158,555.

Since March 2023, ridership for the program has increased significantly due to staff outreach efforts and education about the program. Prior to March 2023, total ridership was approximately 650 per month between both programs with a monthly cost of nearly $12,000. The program currently has approximately 1,100 riders per month with a monthly cost of $23,000. At this current ridership, the STP will cost approximately $276,000 for the entirety of the current fiscal year.

ALTERNATIVES:

The City may choose not to increase the NTE amount of the PSA with California Yellow Cab and reduce service levels to keep expenditures limited to original amounts. However, this is not preferred as there are seniors that would no longer be able to receive the service.

FISCAL REVIEW:

The Parks and Community Services FY 23/24 budget along with the remaining balance of unspent M2 funding will cover the increased cost for this fiscal year. However, additional appropriations will be needed in the future fiscal years to account for increased ridership trends. A budget increase request will be submitted through the FY 24/25 budget process. Staff will evaluate all eligible funding sources, including the use of additional Measure M Fairshare funds, if allowable.

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LEGAL REVIEW:

The agenda report and attached agreement has been reviewed and approved as to form by the City Attorney’s Office.

CITY COUNCIL GOALS AND PRIORITIES:

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

Staff recommends that the City Council:

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

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499
1 Cabco Yellow, Inc. dba California Yellow Cab
Amendment One

AMENDMENT NUMBER ONE TO

PROFESSIONAL SERVICES AGREEMENT
WITH
CABCO YELLOW, INC. DBA CALIFORNIA YELLOW CAB
This Amendment Number One (“Amendment”) is dated March 20 , 2024, by and between the CITY OF COSTA MESA, a municipal corporation (“City”) and CABCO YELLOW, INC., a California corporation DBA CALIFORNIA YELLOW CAB (“Contractor”).

W
HEREAS, City and Contractor entered into an agreement on July 1, 2021 for Contractor to provide transportation services (the “Agreement”); and WHEREAS, City and Contractor now desire to amend the Agreement to increase Contractor’s compensation to $300,000 annually, as explained herein in Exhibit A.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Section 2.1 is revised to provide in full:
“C ompensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit ‘B,’ attached hereto and made a part of this Agreement (the ‘Fee Schedule’). Contractor’s annual compensation shall not exceed Three Hundred Thousand Dollars ($300,000) annually.”

2. A
ll terms not defined herein shall have the same meaning and use as set forth in the Agreement, as amended.

3. All other terms, conditions, and provisions of the Agreement, as amended, shall remain in full force and effect.

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

I
N WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.
[
Signatures on following page.]
Attachment 1
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2 Cabco Yellow, Inc. dba California Yellow Cab
Amendment One

CONSULTANT

Date:

Signature

Name and Title

CITY OF COSTA MESA

Lori Ann Farrell Harrison, City Manager
ATTEST:

Date:

Brenda Green, City Clerk
APPROVED AS TO FORM:

Date:

Kimberly Hall Barlow, City Attorney
APPROVED AS TO INSURANCE:

Date:

Ruth Wang, Risk Management
APPROVED AS TO CONTENT:

Date:

Cathy Hill, Project Manager
DEPARTMENTAL APPROVAL:

Date:

Monique Villaseñor, Recreation Manager
PURCHASING APPROVAL:
501
3 Cabco Yellow, Inc. dba California Yellow Cab
Amendment One

Date:

Carol Molina
Purchasing Officer
Date:
502
4 Cabco Yellow, Inc. dba California Yellow Cab
Amendment One

EXHIBIT A
CONTRACTOR’S FEE SCHEDULE
503
5 Cabco Yellow, Inc. dba California Yellow Cab
Amendment One

504

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-058 Meeting Date: 3/19/2024
TITLE:

CITY COUNCIL FIRST READING OF ORDINANCES TO AMEND TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) AND TITLE 9 (LICENSES AND BUSINESS REGULATIONS) OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE CITY’S RETAIL CANNABIS PROVISIONS

AND FIND THIS PROJECT TO BE CATEGORICALLY EXEMPT FROM CEQA DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: MICHELLE HALLIGAN, SENIOR PLANNER
CONTACT INFORMATION: MICHELLE HALLIGAN, SENIOR PLANNER, 714-754-5608 RECOMMENDATION:

Staff recommends the City Council:

1. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).

2. Introduce for first reading, by title only, Ordinance No. 2024-XX amending Title 13 (Planning, Zoning and Development) and Ordinance No. 2024-XX amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code to modify the City’s retail cannabis provisions.

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City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 24-058 Meeting Date: 03/19/2024

TITLE: CITY COUNCIL FIRST READING OF ORDINANCES TO AMEND TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) AND TITLE 9 (L ICENSES AND BUSINESS REGULATIONS) OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE CITY’S RETAIL CANNABIS PROVISIONS

AND FIND THIS PROJECT TO BE CATEGORICALLY EXEMPT FROM CEQA

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION

PRESENTED BY: MICHELLE HALLIGAN, SENIOR PLANNER

CONTACT INFORMATION: MICHELLE HALLIGAN, SENIOR PLANNER, 714-754-5608

RECOMMENDATION:

Staff recommends the City Council:

1. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).

2. Introduce for first read ing, by title only , Ordinance No. 2 024-XX amending Title 13 (Planning, Zoning and Development) and Ordinance No. 2024-XX amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code to modify the City’s retail cannabis provisions.

BACKGROUND:

In 2020, Costa Mesa voters approved Ballot Measure Q to allow for the City Council to adopt ordinances in order to authorize cannabis retail storefronts and cannabis delivery in the City. The ballot measure specifically allowed storefronts to be permitted in the City’s commercial zones, and cannabis delivery business es in the commercial and “green” zone s. The measure included language for “minimum safety requirements ”, “1,000-foot separation from sensitive uses ”, “compliance with State and local laws ”, and to be taxed on “gross receipts”. As authorized by Measure Q, the City adopted two ordinances, Ordinance No. 2021-08 (Title 9, Licenses and Business Regulations) and Ordinance No. 2021-09 (Title 13, Planning, Zoning and Development) to establish regulations for legal cannabis storefront and non-storefront (delivery). Since then, the City has approved 22 Conditional Use Permits (CUPs) for cannabis retail storefronts, three CUPs for standalone cannabis delivery businesses, and seven Minor Conditional Use Permits to add non -storefront retail delivery to existing cannabis manufacturing and/or distribution facilities located in the City’s Measure X “green zone”. Ten cannabis storefronts, one standalone delivery business, and seven delivery businesses that are part of existing manufacturing and/or distribution cannabis businesses in the “green zone” have obtained Cannabis Business Permits (CBPs) . There are 31 other cannabis storefront applications that are in various stages of application review.
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At the July 18, 2023 City Council meeting, a request was made for the City Council to discuss the possibility of exploring amendments to the City’s cannabis ordinances to address community member concerns regarding potential business displacement and cannabis storefront overconcentration. The item was agen dized for the August 1, 2023 City Council meeting and was continued to the regular meeting of September 5, 2023 without discussion.

At the September 5, 2023 City Council meeting, the City Council discussed the status of the City’s cannabis retail regulations and current retail operations. Specifically, the City Council discussed issues regarding unanticipated business displacement and overconcentration of retail cannabis businesses, and several other topics related to the City’s retail cannabis storefront program. Members of the public provided written and spoken comment describing concerns regarding overconcentration of cannabis storefronts, lack of a limit on the number of cannabis storefronts, the need for a minimum separation between cannabis storefron ts and residential uses, decreased residential property values, traffic impacts, increased criminal activity, and impacts on youth. At the conclusion of the public hearing and after considering public testimony, the City Council direct ed the Planning Commission to make a recommendation to the City Council regarding potential Code amendments on the following topics:

 Increasing the minimum separation between cannabis storefronts and “youth centers”, as defined in the Municipal Code, from 600 feet to 1,000 feet to be consistent with other sensitive use separation requirements;
 Establishing a minimum separation between cannabis storefronts and properties zoned for residential use;
 Establishing a minimum separation between cannabis storefronts;  Establishing a maximum number of retail cannabis storefronts;  Allowing the word “cannabis” on cannabis storefront signage;  Adding limitations to prohibit the advertising and marketing of cannabis and cannabis products to youth;
 Strengthening of labor peace agreement requirements for cannabis storefronts; and  Establishing provisions for notification and relocation assistance for existing businesses that would be displaced by retail cannabis uses.

September 5, 2023 City Council Report (also provided as Attachment 8):
https://costamesa.legistar.com/View.ashx?M=F&ID=12260993&GUID=E37753BF-0ED2-43B6-882D- 531ED2C7864D

Minutes: https://costamesa.legistar.com/View.ashx?M=M&ID=1110314&GUID=F3D375C6-0846- 49A8-B1B5-50D9C735B8DA

Video:
https://costamesa.granicus.com/player/clip/4028?view_id=14&redirect=true&h=9535abc0f348d2f126 a0f61bef83a977

Planning Commission Recommendation

At the November 27, 2023 Planning Commission meeting, the Planning Commission discussed potential modifications regarding the first four topics listed above and continued the item to December 11, 2023.

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November 27, 2023 Planning Commission Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=6430260&GUID=090DEB19-B248-42BE- 83E0-41EB6003490B

Minutes: https://costamesa.legistar.com/View.ashx?M=M&ID=1140539&GUID=8E7DDAD3-212C- 4ADA-BD75-859EA1736B77

Video:
https://costamesa.granicus.com/player/clip/4065?view_id=14&redirect=true&h=73613c84a6f01a923ffea 75485cf99ab

At the December 11, 2023, Planning Commission meeting, the Planning Commission discussed the four remaining topics, and directed staff to prepare Draft Ordinance revisions based on their discussions at the November 27th and December 11th meetings, to be reviewed by the Planning Commission at a regularly scheduled meeting on January 22, 2024.

December 11, 2023 Planning Commission Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=6448844&GUID=30956049-B12A-48D4- 824D-6A17822168CF

Minutes:
https://costamesa.legistar.com/View.ashx?M=M&ID=1145138&GUID=D27058F5-3E1C-458F-BC71- 819FE295D4F8

Video:
https://costamesa.granicus.com/player/clip/4071?view_id=14&redirect=true&h=3afc5737bffd6e2094027 c9beb28f56c

At the January 22, 2024 Planning Commission meeting , staff presented the Planning Commission ’s Draft Ordinance revisions to modify the Costa Mesa Municipal Code (CMMC) retail cannabis provisions for a recommendation to the City Council. After considering staff’s presentation and public comments, the Planning Commission deliberated and voted 5 -0 to recommend that the City Co uncil give first reading to an Ordinance amending Title 13 (Planning, Zoning and Development) and an Ordinance amending Title 9 (Licenses and Business Regulations) to modify the City’s retail cannabis provisions.

The Planning Commission resolutions are pro vided as Attachments 10 and 11, and the January 22, 2024 Planning Commission minutes are provided as Attachment 12 to this report.

January 22, 2024 Planning Commission Staff Report (also provided as Attachment 9):
https://costamesa.legistar.com/View.ashx?M=F&ID=12598952&GUID=E2129FE0-1E84-4B2B-AFFD- 6F3B13ACF939

Minutes:
https://costamesa.legistar.com/View.ashx?M=M&ID=1165913&GUID=0FB1692D-132C-406F-BE53- FA647FC171B9

Video:
https://costamesa.granicus.com/player/clip/4080?view_id=14&redirect=true&h=6a23b54522861be87 ef34b9b38b45534
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ANALYSIS:

The following analysis describes the Planning Commission’s recommended modifications to the City’s retail cannabis storefront program. The proposed amended cannabis sections of Title 13 and Title 9 of the CMMC are reflected in draft City Council Ordinances contained in A ttachments 3 and 4, respectively. The proposed amendments are distinctly shown in “track changes” versions, where added text is identified by an underline and text removal is shown in strikethrough format in Attachments 5 (Title 13) and 6 (Title 9).

Separation between Cannabis Storefronts and Youth Centers

The adopted minimum separation between youth centers and cannabis storefronts is 600 feet in accordance with the State’s minimum requirement (California Business and Professions Code Section 26054(b)). The Planning Commission reviewed separation requirements adopted by several other cannabis permitting jurisdictions, considered local cannabis storefront land use compatibility and the potential constraints to the City’s retail cannabis operations. Ultimately, the Planning Commission decided to recommend that the City Council increase the separation requirement between cannabis storefronts and youth centers from 600 feet to 1,000 feet, consistent with the City’s buffers between cannabis storefronts and schools and other specific sensitive uses, as adopted.

Pursuant to CMMC Section 9 -485, a “youth center” is defined as “any public or private facility that is primarily used to host recreation or social activities for minors, specifically private youth m embership organizations or clubs, social services teenage club facilities, video arcades where 10 or more games or game machines or devices are operated or similar amusement park facilities, but does not include dance studios, tutoring, martial arts studio s or similar type of uses”. There are four facilities in Costa Mesa that meet the CMMC definition of a “youth center”. Based on a Geographic Information System (GIS) assessment of all retail cannabis storefront applications, including open storefronts, none of the applications would be impacted by extending the youth center buffer to 1,000 feet . The proposed text change regarding separation from youth centers is provided in Section 13-200.93(f) in Attachment 5.

Separation Between Cannabis Storefronts and Residential Zones

The CMMC conditionally allows cannabis storefronts in commercial zones without a separation from residential zones. Most commercial corridors in Costa Mesa are located in close proximity to residential zones. As directed by the City Council, the Planning Commission considered minimum separations between cannabis storefronts and residential zones. Staff presented examples from other jurisdictions.

Ultimately, the Planning Commission determined that a 100 -foot se paration between cannabis storefronts and a property zoned for residential use would be an appropriate minimum distance for land use compatibility.

A preliminary GIS analysis identified the number of applications within 100 feet of a residential zone:
 Five of 22 approved CUPs
 Two of 9 pending CUPs
 One of 4 pending CBPs
 Six of 17 pre-applications/wait list applications

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As proposed, the residential separation requirement would not apply to approved CUP s and applications in the CBP and CUP application phases because the locations are considered to have lawfully met separation requirements at the time of the submission of a cannabis business permit application. If the 100-foot cannabis storefront separation from properties zoned for residential use is adopted, storefronts in locations that do not meet the new separation requirement would be considered legal nonconforming with the new separation standards and be allowed to continue to operate per the City’s nonconforming provisions contained in Chapter X of the CMMC.

As proposed, if the cannabis storefront use is discontinued or abandoned for more than 180 days, or when the cannabis use is fully or partially replaced by another use for any period of time, on a property that does not meet the amended separations, the CUP shall be null and void. If requested, and pursuant to the CMMC, an applicant or property owner would have the right to request a hearing of the City’s “null and void” determination before the issuing officer.

The proposed residential separation amendment to Section 13-200.93(f) is provided in “track changes” format in Attachment 5.

Separation Between Cannabis Storefronts

The adopted CMMC does not establish a minimum separation between cannabis storefronts. The Planning Commission reviewed examples of minimum separation requirements from several Southern California jurisdictions with cannabis ordinances ranging from no separation to a 1,000-foot minimum separation, which included further analysis regarding their population sizes. The Planning Commission ultimately decided to recommend that a minimum separation of 500 feet between storefronts to address cannabis storefront ov erconcentration. As described in Section 13 -200.93(f)(2), the proposed amendment would establish a minimum separation of 500 feet between cannabis storefronts, measured from licensed premise to proposed licensed premise.

A preliminary GIS analysis identified the following:

 Ten of 22 approved CUPs are located within 500 feet of another approved site, including nine operating storefronts
 Twenty three of 3 1 pending applications are within 500 feet of an approved or proposed storefront

Any approved retail cannabis storefront CUP location that does not conform to the separation requirements as amended, but which lawfully met separation requirements at the time of the submission of a CBP application for the subject property, would be consid ered a legal nonconforming use, and may continue to operate. However, if the cannabis use is discontinued or abandoned for more than 180 days or is fully or partially replaced for any period of time, the CUP shall be null and void , subject to a right to no tice and hearing . Similar provisions apply to non-operational or abandoned CBPs. Those that fail to commence operations within 180 days of issuance, or thereafter become non- operational or abandoned for 90 days or more , would be considered null and void . Following notice, an applicant or property owner would have the right to request a hearing of the City’s “null and void” CBP determination before the issuing officer.

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The proposed minimum separation between storefronts is provided in Section 13 -200.93(f) of Attachment 5. The provisions governing non -operational CBPs are found in Section 9 -495(h)(16) of Attachment 6.

Limit on Cannabis Storefronts

Pursuant to CMMC Title 9, Section 9-489(d), the City Council may by resolution limit and/or restrict the number of cannabis retail permits available for issuance and/or renewal. In response to City Council direction pertaining to community concerns requesting a limit on t he total number of cannabis storefronts allowed in the City, the Planning Commission recommended a “cap”. As recommended by the Planning Commission , the City would suspend processing cannabis storefront applications following the City ’s approval of 30 cann abis storefront CUPs. The Planning Commission further recommended that once 30 cannabis storefront CUPs have been approved, no additional CUPs for cannabis storefronts would be processed and/or approved until such time that the total number of existing cannabis storefronts and/or approved CUPs falls below 15. As recommended, once the total number of existing CUPs for cannabis storefronts falls below 15, the City may then consider/approve additional cannabis storefront CUPs not to exceed a total of 15.

For consideration of the Planning Commission’s recommendation for potential limitation of cannabis storefronts, the Commission was provided comparisons of “cap” requirements from other local jurisdictions. The following examples were provided:

 Santa Ana - (population: 308,200): Limit (cap) of 30 licenses (currently 27 storefront licenses);  Long Beach - (population: 451,300): Limit (cap) of 40 licenses (32 storefront licenses);  La Habra - (population: 62,000): Limit (cap) of four retail non-storefront (delivery) licenses;  Palm Springs - (population: 45,223): no cap (currently 27 storefront licenses);  City of San Diego - (population: 1.4 million): Limit (cap) of 36 licenses (four per council district with nine total districts; currently 36 storefront licenses);  Vista – (population: 98,000): Limit (cap) of one storefront per 10,000 residents (currently 11 storefront licenses.

As of March 1, 2024, the City has approved 22 CUPs for cannabis storefronts. The Planning Commission’s proposed cap of 30 would allow the approval of eight additional cannabis storefront CUPs.

As of the writing of this report there are 31 pending applications as follows:

 Nine CUPs in progress
 Four CBPs in progress
 Seventeen pre-applications/wait list

Based on the Planning Commission's recommendation, after eight more storefronts are approved, the remaining applications would not be processed until a future time in which there are fewer than 15 storefront approvals operating in the city.

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Allowing the word “Cannabis” on Storefront Signage

As adopted, CMMC Section 9 -495(g)(6) contains provisions for signage and notices at cannabis storefronts to limit cannabis signage to what is necessary for identification only. For example, operators shall post a noti ce at entrances prohibiting onsite smoking, ingestion, and so on. Additionally, retail cannabis storefronts have also been subject to a condition of approval limiting cannabis business signage and symbols to ensure cannabis dispensaries maintain a high -quality aesthetic and limit cannabis advertising in the City to persons under 21 years of age. The Planning Commission determined that instead of allowing the word cannabis on business identification signage, it would be more appropriate to allow the word “cannabis” on the notice to be posted only at entrances of cannabis businesses in a manner that is generally not visible from public rights-of-way. Pursuant to Planning Commission direction, Staff drafted the amendment to specifically allow the word cannabis to be included up to two times, with a maximum letter height of one inch, on a notice posted at the cannabis business entrance to help people identify that the facility is a cannabis storefront prior to entering. A “track changes” version of the proposed modification to Section 9-495(g)(6b) is provided in Attachment 6.

Advertising and Marketing Restrictions Related to Youths

Pursuant to City Council direction, the Planning Commission also considered potential code amendments to r estrict cannabis marketing to youth beyond State regulations. The proposed amendment would specify that advertising and marketing materials shall not encourage persons under 21 years of age to consume cannabis or cannabis products (a reiteration of State l aw for emphasis) and shall not depict or suggest the consumption of cannabis or cannabis products. The proposed modification to Title 9-495(g)(6e) is provided in Attachment 6.

Strengthening Labor Peace Agreement (LPA) Regulations

The City Council directed the Planning Commission to explore whether the City should modify the CMMC to strengthen policies pertaining to LPAs. Currently, the State requires cannabis applicants/licensees with 20 or more employees to enter into an LPA, and beginning July 1, 2024, the State requirement will apply to applicants/licensees with ten or more employees. The CMMC [Section 9-495(h)(18)] is more restrictive than the State in that a retail CBP applicant with “two or more employees” must provide a notarized statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement (LPA). Labor organizations as well as current or former employees can submit complaints regarding a licens ee to the California Department of Cannabis Control (DCC). When an organization has been determined to not be a bona fide labor organization, the DCC will contact cities and counties throughout the State.

The Planning Commission did not recommend proposing modifications to the CMMC pertaining to cannabis LPAs, citing that the appropriate agency for collecting complaints and investigating cannabis LPA issues would be the DCC.

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Establishing Business Displacement Regulations

The City Council, Planning Commission and staff have previously heard comments that a few existing tenants to be replaced by cannabis storefronts have been assisted financially by either the landlord or by the proposed new cannabis tenant. However, there have also been several commercial tenants on month-to-month leases where leases were terminated or otherwise ended with minimal notice and without assistance.

Although the Planning Commission expressed concern for the businesses that have been or would be displaced by cannabis retailers, amendments are not proposed regarding displacement notification and relocation assistance provisions given that tenants and property owners have entered into private lease agreements and would conduct business, including terminating occupancy, accor ding to those agreements.

Other Cannabis Topics for Consideration

Although outside the City Council’s direction to explore specific topics, during the Planning Commission’s deliberations, the Planning Commission requested that staff identify the following topics to the City Council pertaining to the City’s retail cannabis provisions for City Council consideration for potential Code modifications:

 Updating the City’s definition of a “youth center”;
 Changing the process for evaluating existing nonconforming uses during conditional use permit application review;
 Establishing separation requirements between cannabis storefronts and youth -centric businesses, group/recovery homes, and parks (beyond playground equipment); and  Requiring health warnings to be provided at cannabis storefronts.

Other Text Modifications for Clarity

Additional text, primarily within Title 9, are proposed to clarify existing and proposed law and intent and to address state law changes, and are summarized in Attachment 7. The most significant of these recommendations are:

 Modifications to CMMC Section 13 -200.93(7) to include provisions for terminating CUPs at locations where the cannabis retail storefront use is discontinued and/or replaced;  Modifications to CMMC Section 9-488(a) and (b) to clarify the existing requirements that a cannabis business permit holder’s use, and application for CBP renewal, must be compliant with the City’s Municipal Code and adopted administrative regulations, and timely fees must be paid for renewal; and
 Modifications to CMMC Section 9 -493 to clarify the pre -existing requirement that cannabis businesses must hold a valid business license.

The proposed “track changes” versions of these modifications are provided in Attachments 5 and 6.

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These recommended changes do not relate to the proposed cap on CUPs or CBPs, but are being made to clarify issues that have come up with proposed and existing businesses. Having the maximum clarity in the municipal code benefits the businesses so they know exactly what is expected of them. In addition, adding language allowing for termination of a cannabis CUP which is not being used (i.e., no cannabis business is operating there) will allow for another potential cannabis business at another location if there is any cap adopted.

Cannabis Industry Meeting

On February 22, 2024, Mayor Stephens, Mayor Pro Tem Harlan, and Councilmember Gameros held a Zoom meeting for retail cannabis applicants/property owners to discuss their questions or comments regarding the Planning Commission’s recommendations. The following is a summary of comme nts received at the meeting:

 Allowing the word cannabis on an entryway notice is too discreet to communicate to the public what is being sold from the location.
 It would be burdensome on the industry to follow separate State and local advertising and marketing regulations.
 New minimum separations should not apply to existing applications.  Limiting the number of permits that could be issued feels unfair to applicants that are still in the permitting process.
 Concern regarding the ability to sell a retail cannabis business in the future if the City is not issuing more cannabis business permits or the location does not meet the amended separation requirements.
 Reconsider the requirement and cost for employee background checks and city-issued badges.  Improve transparency in the process and provide updated timeframes.

Employee Background Check/Badge Fee
Although outside of the Planning Commission’s recommendations, the cannabis industry and operators have requested the City Council reconsider the $631 fee for employee background checks and badges, citing that the fee is higher than other jurisdictions. Staff recently surveyed nine Southern California cities and found three general approaches to the fee:

 Operators have background check results sent to the jurisdiction and the jurisdiction charges a nominal fee;
 Jurisdiction estimates employee background check costs and builds that into a broad fee, understanding that some operations may have needs beyond the estimated cost; and  Jurisdiction charges per employee for a partial or full cost recovery.

Of the cities surveyed, only Costa Mesa appears to receive a full cost recovery for employee background checks and badges. The current fee was established in 2021, following a ClearSouce Financial Consulting study of the cost of providing a variety of services to cannabis businesses in Costa Mesa. At that time, the fee for a cannabis employee background check and badge was $341. The study found that the true cost of providing the service was $631, and thus the fee was i ncreased to enable the City to be paid in full for services rendered. Information on the fee analysis and information provided to the City Council along with the final fee resolution can be found via the links below.

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Item #: 24-058 Meeting Date: 03/19/2024

Page 10 of 11 ends

City Council Agenda Report June 1, 2021 City Council Public Hearing on Cannabis Fees PH-3.pdf (costamesaca.gov)

PowerPoint
Microsoft PowerPoint - Cannabis Permit Fee FY 2122 - DRAFT - As of 05 -24-21 [Read -Only] (costamesaca.gov)

Fee Resolution
2021-20 - Measure Q Fees (costamesaca.gov)

ENVIRONMENTAL DETERMINATION:

The proposed Ordinances are exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (“General Rule”) in that the updates to the City’s Municipal Code provisions for retail cannabis storefronts will not have a significant impact on the environment.

ALTERNATIVES:

The City Council has the following alternatives:

1. Give first reading. The City Council may give first reading to the draft Ordinances.

2. Give first reading with modifications. The City Council may modify the draft Ordinances and give first reading.

3. Not adopt the changes to the City’s retail cannabis provisions. The City Council may choose to not adopt the proposed Code amendments.

4. Continue the Ordinances review to a date certa in. The City Council may continue the item to a date certain with direction for staff to return with additional information , c hanges and/or clarifications.

FISCAL REVIEW:

The adoption of the proposed Ordinances will not have any fiscal impact on the City’s budget.

LEGAL REVIEW:

The draft Ordinances and staff report have been prepared in conjunction with and reviewed by the City Attorney’s Office.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:

 Strengthen the public’s safety and improve the quality of life.

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Item #: 24-058 Meeting Date: 03/19/2024

Page 11 of 11 ends

CONCLUSION:

Since November of 2022, when the first cannabis retail storefront operator opened for business, there have been few formal complaints from the public regarding storefront operations, and the City has not been requested to respond to any unsafe operating conditions or issues of general welfare of residents and/or the public. Therefore, staff believes that the City’s cannabis programs, regulations and property specific conditions of approval are adequately regulating cannabis retail storefront operations. Further, many of these retail storefronts have remodeled and invested significant capital in updating several commercial properties in the City that had been subject to issues of deferred maintenance. However, the City Council directed the Planning Commission to consider potential amendments to the City’s retail cannabis provisions. After extensive discussion and considering community input at three public meetings, the Planning Commission recommend s the following amendments to the City’s cannabis provisions to be considered by the City Council:

 Increase the minimum separation between cannabis storefronts and youth centers from 600 feet to 1,000 feet;
 Establish a minimum separation of 100 feet between cannabis storefronts and properties zoned for residential use;
 Establish a minimum separation of 500 feet between cannabis storefronts;  Establish a maximum number of 30 retail cannabis storefront applications to be approved, then discontinuing processing cannabis storefront applications until the number of open cannabis storefronts in the City is below 15;
 Allow the word “cannabis” to be utilized twice on a notice to be located at cannabis storefront entrances, subject to design standards; and
 Prohibit advertising and marketing materials from encouraging persons under 21 years of age to consume cannabis or cannabis products and prohibiting cannabis advertising and marketing materials from depicting or suggesting the consumption of cannabis or cannabis products.

In its consideration of the proposed amendments to the City’s cannabis provisions, t he City Council has the authority to propose changes, request more information and/or direct staff to make revisions, or choose to not adopt the proposed amendments.

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ATTACHMENT 1
Ordinance No. 2024-xx Page 1 of 4

ORDINANCE NO. 2024-xx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 (PLANNING, ZONING, AND DEVELOPMENT) , CHAPTER IX (SPECIAL LAND USE REGULATIONS), ARTICLE 21 (LOCATION OF

CANNABIS DISTRIBUTING, MANUFACTURING, RESEARCH AND DEVELOPMENT,

TESTING LABORATOIES, RETAIL STORERONT AND RETAIL NONSTOREFRONT

USES) OF THE COSTA MESA MUNICIPAL CODE OF THE COSTA MESA MUNICIPAL

CODE PERTAINING TO CANNABIS STOREFRONTS

THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY FIND AND DECLARE AS FOLLOWS:

WHEREAS, in November 2020, the Costa Mesa voters approved Measure Q; which allows for storefront and non-storefront retail cannabis uses on commercially zoned properties meeting specific location requirements, and non-storefront retail cannabis uses on Industrial Park (MP) and Planned Development Industrial (PDI) zoned properties; WHEREAS, Measure Q authorizes the City Council to adopt ordina nces to regulate cannabis retail uses;
WHEREAS, on June 15, 2021, the City Council adopted Ordinance No. 21-08 and No. 21-09 to amend Titles 9 and 13 of the Costa Mesa Municipal Code (CMMC) to establish regulations for cannabis retail uses;
WHEREAS, at the July 18, 2023 City Council meeting, a Councilmember requested that an item be agenized to discuss the potential for exploring amendments to the City’s cannabis ordinances in response to public input; WHEREAS, on September 5, 2023, the City Council dire cted the Planning Commission to explore potential amendments to the City’s cannabis retail storefront provisions specific to eight topics;
WHEREAS, the Planning Commission discussed potential amendments to the City’s cannabis retail storefront provisions at the November 27, 2023, December 11, 2023, and January 22, 2024, Planning Commission meetings; Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Title 13, of the Costa Mesa Municipal Code is hereby amended to read as specified in Exhibit A, attached hereto and incorporated herein by this reference. 517

Ordinance No. 2024-xx Page 2 of 4
Section 2. Compliance with CEQA. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) (“General Rule”), as this action will not have any significant effect on the environment.

Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 4. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivi sions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid o r unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Section 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

518

Ordinance No. 2024-xx Page 3 of 4
PASSED AND ADOPTED this ___day of _____, 2024.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

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

519

Ordinance No. 2024-xx Page 4 of 4

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 Ordinance No. 2024-xx was duly introduced for first reading at a regular meeting of the City Council held on the ____day of _________ 2024, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the ___ day of _________, 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 ___ day of ___________, 2024.

__________________________
Brenda Green, City Clerk

520
ATTACHMENT 2
Ordinance No. 2024-xx Page 1 of 4

ORDINANCE NO. 2024-xx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 9 (LICENSES AND BUSINESS REGULATIONS) OF

THE COSTA MESA MUNICIPAL CODE PERTAINING TO CANNABIS BUSINESSES

THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY FIND AND DECLARE AS FOLLOWS:

WHEREAS, in November 2020, the Costa Mesa voters approved Measure Q; which allows for storefront and non-storefront retail cannabis uses on commercially zoned properties meeting specific location requirements, and non-storefront retail cannabis uses on Industrial Park (MP) and Planned Development Industrial (PDI) zoned properties; WHEREAS, Measure Q authorizes the City Counci l to adopt ordinances to regulate cannabis retail uses;
WHEREAS, on June 15, 2021, the City Council adopted Ordinance No. 21-08 and No. 21-09 to amend Titles 9 and 13 of the Costa Mesa Municipal Code (CMMC) to establish regulations for cannabis retail uses;
WHEREAS, at the July 18, 2023 City Council meeting, a Councilmember requested that an item be agenized to discuss the potential for exploring amendments to the City’s cannabis ordinances in response to public input; WHEREAS, on September 5, 2023, the City Council directed the Planning Commission to explore potential amendments to the City’s cannabis retail storefront provisions specific to eight topics;
WHEREAS, the Planning Commission discussed potential amendments to the City’s cannabis retail storefront provisions at the November 27, 2023, December 11, 2023, and January 22, 2024, Planning Commission meetings; Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Title 13, of the Costa Mesa Municipal Code is hereby amended to read as specified in Exhibit A, attached hereto and incorporated herein by this reference.

Section 2. Compliance with CEQA. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) (“General Rule”), as this action will not have any 521
Ordinance No. 2024-xx Page 2 of 4

significant effect on the environment.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Section 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

522
Ordinance No. 2024-xx Page 3 of 4

PASSED AND ADOPTED this ___day of _____, 2024.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

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

523
Ordinance No. 2024-xx Page 4 of 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

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 ___ day of ___________, 2024.

__________________________
Brenda Green, City Clerk

524

ATTACHMENT 3

EXHIBIT A

CHAPTER IX. SPECIAL LAND USE REGULATIONS. ARTICLE 21. LOCATION OF

CANNABIS DISTRIBUTING, MANUFACTURING, RESEARCH AND DEVELOPMENT,

TESTING LABORATORIES, RETAIL STOREFRONT AND RETAIL NON-

STOREFRONT USES

13-200.90. Purpose.

The purpose of this article is to regulate the location of and standards for cannabis distributing facilities, manufacturing sites, research and development laboratories, testing laboratories, retail storefront and retail non-storefront uses in order to promote the health, safety, morals and general welfare of the residents and the businesses within the city by maintaining local control over the ability to authorize and regulate the location of cannabis businesses.

13-200.91. Applicability.
(a) Nothing in this article is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act of 1996. (b) All the provisions of this article shall apply to all property, public and private, within the city.
(c) All the provisions of this article shall apply indoors and outdoors. (d) Unless otherwise provided herein or in this title, the terms used in this article shall have the meaning ascribed to them in Title 9, Chapter VI of this Code.

13-200.92. Cannabis distributing facilities, manufacturing sites, research and development laboratories, and testing laboratories.
(a) Cannabis distribution, manufacturing, research and development and testing is prohibited in all zone districts within the city, except for those portions of the manufacturing park (MP) and planned development industrial (PDI) zones that are located both north of South Coast Drive and west of Harbor Boulevard, excluding any portion of the South Coast Collection (the “Green Zone”).
(b) A conditional use permit shall be required and may be issued to allow the location of any business engaged in the distribution, manufacturing, researching and developing, or testing of cannabis in the MP or PDI zones pursuant to subsection (a) of this section, subject to the following conditions:
(1) The requirements of Chapter III of this title have been met; (2) The findings for granting a conditional use permit in accordance with section 13- 29(g) are met;
(3) The applicant obtains a cannabis business license pursuant to Chapter VI of Title 9 of this Code; and
(4) The use is conducted in compliance with all applicable state and local laws. (c) No person shall engage in any use set forth in this article unless that use is specifically authorized by Chapter VI of Title 9 of this Code.
525

13-200.93. Cannabis retail storefront and non-storefront uses. (a) Cannabis retail storefront uses are prohibited in all zone districts within the city, except for the commercial zone districts.
(b) Cannabis retail non-storefront uses are prohibited in all zone districts within the city, except for the commercial zone districts and within the Green Zone. (c) The following planning application shall be required for cannabis retail uses:
(1) A conditional use permit shall be required for retail storefronts and non-storefronts; and
(2) An amendment to the approved conditional use permit shall be required for existing licensed cannabis distribution or manufacturing businesses to operate a retail non-storefront under the existing business and within the same licensed premise. The amendment shall be processed as a minor conditional use permit. (d) A conditional use permit may be issued to allow the location of a retail cannabis use pursuant to subsections (a) and (b) of this section, subject to the following conditions:
(1) The requirements of Chapter III of this title have been met; (2) The findings for granting conditional use permit pursuant to section 13-29(g) are met;
(3) The applicant pursuant to Chapter VI of Title 9 of this Code; and (4) The use is conducted in compliance with all applicable state and local laws, regulations, and all applicable conditional use permit conditions of approval. (e) A total maximum of thirty (30) conditional use permits for cannabis storefronts may be approved by the city. Following the approval of the thirtieth (30th), no further conditional use permits for cannabis storefronts may be approved by the city until the total number of existing conditional use permits falls below fifteen (15), after which time the city may approve further conditional use permits not to exceed a total of fifteen (15) existing conditional use permits for cannabis storefronts located within the city. (f) Cannabis retail storefront location.
(1) No cannabis retail storefront use shall be located within one-thousand (1,000) feet from a K-12 school, playground, child daycare, homeless shelter, or youth center, that is in operation at the time of submission of a completed Cannabis Business Permit application, or within one hundred (100) feet from a property zoned for residential use;
i. For the purpose of identifying separations from cannabis storefronts and properties zoned for residential use, properties zoned for residential use are within the following zoning districts: R1 Single-Family Residential District, R2-MD Multiple-Family Residential District, Medium Density, R2-HD Multiple-Family Residential District, High Density, R3 Multiple- Family Residential District, TC Town Center District, PDR-LD Planned Density Residential—Low Density, PDR-MD Planned Development Residential—Medium Density, PDR-HD Planned Development
Residential—High Density, and PDR-NCM Planned Development Residential—North Costa Mesa.
ii. Where a non-residential property was developed for residential or mixed residential use in accordance with an overlay, urban plan, or specific plan, 526

and the residential development and use remains, the property would be considered residential when establishing a separation from cannabis storefronts.
iii. Where an overlay, urban plan, or specific plan allows residential development on a property zoned for residential use, but residential development has not been constructed, such property would not be considered a property zoned for residential use pursuant to this provision. iv. Where a legal nonconforming residential unit or units have been developed on a property zoned for non-residential use, the property would not be considered residential when establishing a separation from cannabis storefronts.
(2) No cannabis retail storefront use shall be located within five hundred (500) feet from the premises of a lawfully existing cannabis retail storefront business; (3) All distances referenced in (f)(1) and (2) shall be measured in a straight line from the premises where the cannabis retail use is to be located to the closest property line of a K-12 school, playground, child daycare, homeless shelter, or youth center or property zoned for residential use, or from the premises of a lawfully existing cannabis retail storefront use.
i. For purposes of this sub-sub-section, the property line of a playground shall be a thirty (30) foot radius from the exterior physical boundaries of the playground equipment area;
(4) All distances shall be measured without regard to the boundaries of the city and and/or intervening structures or other barriers;
(5) At a property as for which the zoning administrator, director or planning commission determines, based on a preponderance of the evidence, that unpermitted and/or illegal cannabis activity involving sales, delivery and/or dispensing has taken place at any time in the 365 days preceding an application under this Article. If an unpermitted and/or illegal cannabis activity has existed on a property no cannabis business may be permitted on that property unless 365 days has elapsed since that unpermitted and/or illegal cannabis activity has vacated the property, and the owner of that property has compensated the City for any and all expenditure of public funds and resources, including all costs, expenses (including but not limited to the salaries of peace and/or code enforcement officers) and/or attorney’s fees, incurred in investigating, abating or attempting to abate the unpermitted use or uses, whether or not any type of civil, criminal or administrative proceedings have been commenced against the property, provided however if the owner of the property is required to evict that use, the 365 days shall begin to run from the date of the filing of an unlawful detainer complaint, in which case a permit may be issued after the 365 days had elapsed and that use is no longer occupying the property. (6) A determination and/or finding under sub-section (e)(5) is subject to the appeal provisions of Chapter IX of Title 2 of this Code.
(7) The nonconforming provisions contained in Chapter X of this Code pertain to cannabis uses except as follows:
i. When an approved retail cannabis storefront conditional use permit location which lawfully met separation requirements at the time of the submission of a cannabis business permit application for the subject 527

property does not conform to the separation and the permitted cannabis retail operation is discontinued or abandoned for more than one hundred eighty (180) days, or when a permitted cannabis use is replaced in whole or part for any period of time by any other use, the conditional use permit shall be null and void after the permittee has had an opportunity for a hearing before the issuing officer as provided in Chapter II of Title 9. (g) Retail storefront uses shall be subject to the following development standards in addition to those contained in Chapter VI of Title 9:
(1) Opaque window coverings unless required by the City for security purposes are prohibited;
(2) Permanent security or safety bars shall not be placed on any interior or exterior windows or door, unless required by the City for security purposes; (3) Directional signage to the use including but not limited to A-frame signs, sandwich board signs, banners, or flags are prohibited;
(4) No use shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of- way;
(5) Uses shall comply with the landscaping requirements set forth in Chapter VII of this title including bringing the site landscaping into conformance when feasible as determined by the director;
(6) Parking requirements shall be subject to Section 13-89; (7) The hours of operation may be established as part of the planning application subject to the final review authority and may be more restrictive than those set forth in Chapter VI of Title 9. Modification of operation hours when established as part of the planning application shall be subject to an amendment of the planning application;
(8) Drive-through services or walk-up window services are prohibited; (9) Outdoor seating or patio areas are prohibited;
(10) Special events that include live entertainment, dancing, and/or amplified music, or that are otherwise visible and/or audible from the public right-of-way, are prohibited;
(11) All cannabis products shall be secured after business hours in a locked container under 24-hour video surveillance; and
(12) For uses within two hundred (200) feet of a residential zone, all exterior lighting shall be shielded and/or directed away from residential areas. In addition, trash facilities shall be screened from view and designed and located appropriately to minimize potential noise and odor impacts to adjacent residential areas. (h) Non-storefront uses shall be subject to the following development standards in addition to those contained in Chapter VI of Title 9:
(1) Uses may operate independently from a retail storefront or as a part of, and in conjunction with, a permitted storefront, distribution, or manufacturing facility; (2) Parking requirements shall be subject to Section 13-89 and shall also include sufficient parking spaces for delivery vehicles;
(3) All deliveries to customers shall be completed by 10:00 p.m.; and 528

(4) The general public shall not be permitted to enter the premises of a non-storefront retail use.
(i) Except as specifically authorized in this article, all other cannabis retail uses such as but not limited to lounges and cafes are expressly prohibited in the city. (j) No person shall engage in any use set forth in this article unless that use is specifically authorized by Chapter VI of Title 9 of this Code.
(k) Any cannabis use, including but not limited to those involving sale, delivery and/or dispensing, that is not permitted, licensed and otherwise in full compliance with all applicable provisions of this Code and state and local law, shall not be considered a legally non-conforming use pursuant to, and notwithstanding any contrary provisions of, Chapter IX of this title.

13-200.94. Declaration of public nuisance.

Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this article, is hereby declared to be unlawful and a public nuisance and may be abated by the city through civil and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

13-200.95. Violations.

Violations of this article shall be punishable pursuant to the provisions of section 13-16 in addition to any other remedy available at law or in equity.

529

ATTACHMENT 4

EXHIBIT A

CHAPTER VI. CANNABIS BUSINESS PERMITS

9-481. Purpose and intent.

It is the purpose and intent of this chapter to regulate the distributing, manufacturing, processing, research and development, retail sale, testing and transporting of cannabis and cannabis -related products in a manner which is responsible, which protects the health, safety, a nd welfare of the residents of Costa Mesa, and to enforce rules and regulations consistent with state law. In part to meet these objectives, a permit shall be required in order to own and/or to operate a cannabis business within the city. Nothing in this c hapter is intended to authorize the possession, use, or provision of cannabis for purposes which violate state or federal law. The provisions of this chapter are in addition to any othe r permits, licenses, and approvals which may be required to conduct business in the city, and are in addition to any permits, licenses and approvals required under state law.

9-482. Legal authority.

Pursuant to Sections 5 and 7 of Article X I of the California Constitution and the provisions of Division 10 of the Business and Professions Code, the city is authorized to adopt ordinance s that establish standards, requirements and regulations for local licenses and permits for cannabis and cannabis-related activity.

9-482.5 Authority of the City Manager
The City Manager is authorized to make reasonable rules, policies, and procedures consistent with the intent and spirit of this Chapter as may be necessary to administer and enforce the provisions of this Chapter and any other ordinances, regulations or laws relating to and affecting the permitting and operations of commercial cannabis businesses.

The City Manager is authorized to make reasonable rules, policies, and procedures consistent with the intent and spirit of this Chapter concerning the applications, the application process, the information required of applicants, the applicati on procedures, and the administration and procedures to be used and followed in the application process for permit applications and requests for permit changes or modifications pursuant to this Chapter, and the implementation and administration of social equity programs.

9-483. Cannabis business activities prohibited unless specifically authorized by this chapter.

Except as specifically authorized in this chapter, the manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing, furnishing, distribution, delivery, or sale of cannabis or a cannabis product is expressly prohibited in the city.

9-484. Compliance with laws.

It is the responsibility of the owners and operators of the cannabis business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder.

530

9-485. Definitions.

Unless otherwise defined in this chapter or in chapte r I of Title 13, the words used in this chapter shall have the same definitions ascribed to them in Division 10 of the Business and Professions Code or the definitions of the Health and Safety Code applicable to school and child daycare. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

Cannabis means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from marijuana. “Cannabis” also means marijuana as defined by section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. “Cannabis” does not include the mature stalks of th e plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean industrial hemp as that term is defined by section 81000 of the California Food and Agricultural Code or section 11018.5 of the California Health and Safety Code.

Cannabis business permit means a regulatory permit issued by the city pursuant to this chapter to a cannabis business, and is required before any cannabis activity may be conducted in the city.

Cannabis goods means cannabis and/or cannabis products.

Cannabis product or manufactured cannabis product or product means cannabis that has undergone a process whereby the plant material is transformed into a concentrate for internal consumption or topical application, including, but not limited to, concentrated cannab is, an edible cannabis product, or a topical cannabis product containing cannabis or concentrated cannabis in combination with other ingredients.

Caregiver or primary caregiver has the same meaning as that term is defined in section 11362.7 of the California Health and Safety Code.

City manager shall mean the city manager of the city or designee.

Director shall mean the city’s Director of the Economic and Development Services department or designee, unless otherwise specified.

Dispensing means any activity involving the retail sale of cannabis or cannabis products.

Distributor means a person or entity th at engages in distribution. The direct and/or retail sale, distribution, or furnishing of any cannabis or cannabis product to any consumer or end user by a distributor is expressly prohibited, unless otherwise authorized pursuant to this chapter.

531

Edible cannabis product means manufactured cannabis that is intended to be used, in whole or in part, for oral human consumption including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the California Food and Agricultural Code. An edible cannabis product is not considered food as defined by California Health and Safety Code Section 109935 or a drug as defined by California Health and Safety Code Section 109925.

Financial interest holder shall have the same meaning as set forth in Title 4, Division 19, section 15004 of the California Code of Regulations.

Free sample means any amount of cannabis goods provided to a patron of a business or member of the public without cost or payment or exchan ge for any other thing of value.

Green Zone means those portions of the manufacturing park (MP) and planned development industrial (PDI) zones that are located both north of South Coast Drive and west of Harbor Boulevard, excluding any portion of the South Coast Collection.

Homeless shelter has the same meaning as emergency shelter.

Labor Peace Agreement has the same meaning set forth in Business and Professions Code section 26001.

Manufacturing site means a location where cannabis products are manufactured.

Marijuana means “cannabis,” as that term is defined in this chapter.

Marijuana activity and/or cannabis activity includes manufacture, processing, laboratory testing, research and development, transporting, delivery, dispensing, distribution, furnishing, giving away or sale, or arranging and/or directing any of the foregoing, or any other activity involving cannabis or a cannabis product.

Marijuana business and/or cannabis business means any business or operation which engages in any marijuana or cannabis activity.

Marijuana business permit has the same meaning as cannabis business permit.

Patient or qualified patient shall have the same definition as California Health and Safety Code section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code section 11362.5. For purposes of this chapter, a qualified patient shall include a person with an identification card as that t erm is defined by California Health and Safety Code section 11362.7 et seq.

Person with an identification card shall have the meaning given that term by California Health and Safety Code section 11362.7.

532

Playground shall mean and include both a public playground located in a city park and a private playground. A private playground shall mean a privately-owned outdoor recreation area, including a tot lot, containing playground equipment or amenities such as swings, slides, sandboxes, or similar installations designed for use by minors and serving either the general public or residents of a development where the playground equipment is located, including residential subdivisions and/or developments such as apartments, townhomes and/or condominium complexes, mobile home parks or other similar residential uses, as well as playground equipment serving registered guests at hotels and motels. A private playground does not include a playground or playground equipment installed at a single -family residence, or play equipment that is part of a privately -owned commercial business or place of worship, or a playground that is access -controlled during operating hours or does not have direct access from the public right -of-way. A private playground does not include areas designated for use as a playing field or court, pool, or skate facility.

Premises shall have the same meaning as set forth in Business and Professions Code section 26001 sub-section (ap) for purposes of measuring the required distance from retail storefront uses to those uses set forth in section 13-200.93(e)(1).

Processing and processor shall have the same meaning as manufacturing and manufacturer, respectively.

Property shall mean any single development lot that has been subdivided bearing its own assessor’s parcel number or with an approved subdivision map or condominium map unless the context clearly indicates a different meaning.

Research and development laboratory means a facility, entity, or site in the cit y that performs research into and/or the development of cannabis or cannabis products, where cannabis in any amount is located on-site, and that is both of the following:

1. Accredited by an accrediting body that is independent of all other persons involved in the cannabis industry in the state.

2. Registered with the State Department of Public Health, and is owned and operated by a person issued a valid cannabis business permit for laboratory testing from the city and is currently in compliance with all applicable state and local laws and regulations pertaining to the cannabis business and cannabis activities.

South Coast Collection or SoCo means all properties located at 3303 through 3323, inclusive, Hyland Avenue, in the City of Costa Mesa, commonly known as “SoCo” or “SOCO.”

State means the State of California, including any of its departments, divisions, and/or bureaus.

State license means a permit or license issued by the state to engage in cannabis activity.

are operated or similar amusement park facilities, but does not include dance studios, tutoring, martial arts studios or similar type of uses.

9-486. Type of authorized cannabis businesses permitted. (a) One (1) or more of the following types of adult (A -license) and/or medical (M -license) cannabis business may be permitted to operate within the city:

1. Cannabis distributor (includes license classification type 11);

2. Cannabis manufacturer (includes license classification type 6 and 7);

3. Cannabis testing laboratory (includes license classification type 8);

4. Cannabis retail - storefront (includes license classification type 10);

5. Cannabis retail - non-storefront (includes license classification type 9); and

6. Cannabis research and development laboratory.

(b) Businesses permitted pursuant to this chapter shall not engage in the retail sale, delivery or dispensing of cannabis, cannabis product, hemp or hemp products unless expressly permitted to do so pursuant to the terms of their cannabis business permit. (c) No person may engage in any type of cannabis business that is not specifically authorized pursuant to this section and this code, including, but not limited to, cultivating cannabis. (d) The City Council may by resolution limit and/or restrict the number of cannabis retail permits available for issuance and/or renewal.

9-487. Cannabis business permit required to engage in a cannabis business.

No person may engage in any cannabis business or in any cannabis activity within the city including manufacturing, processing, lab oratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person: 1) has a valid cannabis business permit from the city that authorizes the specific business and activity at specific location; 2) has a va lid business license issued to the entity that is listed on the cannabis business permit; and 3) is currently in compliance with all other applicable state and local laws and regulations pertaining to the cannabis business and cannabis activity.

9-487.3. Disclosure of Financial Interest Holders Required.

Any and all financial interest holders must be disclosed to the City as part of any application for issuance and/or renewal of a cannabis business permit.

9-487.5. Change in business name.

No operator shall operate, conduct, manage, engage in, or carry on a cannabis business under any name other than the business name specified in the permit and/or any “doing business as” or “DBA”, or “fictitious business name” or “FBN”, provided in the permit application and/or business license.

Proof of the “DBA” or “FBN” filing with the County Clerk Recorder shall be required. Any approved changes and/or updates to the permit may require payment of fees as set by resolution of the City Council.

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9-488. Term of permit-Fees.
(a) A cannabis business permit shall be valid for two (2) years from the date of issue, unless otherwise suspended or revoked, and may be renewe d bi-annually thereafter, provided the permittee and application for renewal are in compliance with all of the provisions of this chapter as well as all administrative regulations adopted pursuant to section 9-497. (b) Cannabis business permit application fees and renewal fees shall be established by resolution of the city council as may be amended from time to time. Failure to timely submit fees and/or comply with the administrative regulations governing applications an d/or renewals shall be grounds for denial of application and/or renewal.

9-489. Effect of state license suspension, revocation, or termination.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the city, until the State of California, or its respective departments or divisions, reinstates or reissues the State license within 90 days. Should the state license remain suspended for 90 days or longer, any permit issued pursuant to this chapter shall expire and be of no further force and effect. Should the State of California, or any of its departme nts or divisions, revoke or terminate the license of a cannabis business, such revocation or termination shall also revoke or terminate the ability of a business permitted pursuant to this chapter including the persons and entities set forth in section 9-490(c) to operate any cannabis business within the city for a period of five years from the date of such revocation or termination.

9-490. Denial and revocation.
(a) Revocation. A cannabis business permit may be revoked and/or suspended pursuant to the procedures of section 9 -120, and/or deemed abandoned or forfeited pursuant to the procedures of section 9 -495, for failing to comply with the terms of the permit, the applicable provisions of this chapter, this Code, city regulations, state law or regulations and/or any conditions of any other permit issued pursuant to this Code. (b) Denial. An application for a cannabis business permit may be denied where it fails to provide all required information, documentation and/or fees and/or where it does not or would not be able to comply with the applicable provisions of this chapter, this Code, city regulations and/or state law or regulations and/or where the applicant is otherwise ineligible for such permit.
(c) Effect of revocation and denial. Whenever an application for a permit is denied, no other similar application by such applicant or permittee will be considered for a period of one (1) year from the date of the denial of an application. Whenever a permit has been revoked, no other similar application by such permittee shall be considered for a period of five (5) years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following:

1. Any individual whose permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing any portion of the shares of a corporation seeking to obtain a new permit.
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2. A corporation, profit or nonprofit, whose permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any por tion of the shares in another corporation seeking to obtain a new permit.
(d) Ineligibility. In addition to any other law, no person or entity shall be eligible for and/or receive a cannabis business permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity’s shares, or any financial interest holder of that entity, engaged or engages in unpermitted and/or illegal cannab is activity involving sales, delivery and/or dispensing in the city, or had an ownership interest in any property set forth in section 13 -200.93(e)(5), in the five (5) years preceding an application under this chapter or during the application process. A determination of ineligibility under this sub -section (d) may be made by the City Manager and shall be based on the preponderance of the evidence . This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal co nviction that has been dismissed, withdrawn, expunged or set aside or is otherwise exempted pursuant to sections 9 - 495(g)(10) and/or 9-496(b).

9-491. Appeals.

Notwithstanding any other provision of this code, only a decision by the city manager to suspend, revoke or deny a cannabis business permit under this chapter shall be subject to appeal, which shall be governed by the procedures set forth in Chapter IX of Title 2 of this code.

9-492. Prohibition on transfer of cannabis business permits.

In the event a permit holding cannabis business sells or transfers the business to a new owner and/or operates the business under a new entity and/or name not listed on the permit, the new owner must obtain a new cannabis business permit and business license prior to commencing or continuing operations. A cannabis business shall be deemed to have tran sferred to a new owner within the meaning of this section if person(s) or entities with controlling interest at the time the permit was first issued cease(s) at any time to possess controlling ownership interest and/or hold an ownership interest of less than fifty-one (51) percent.

9-493. City business license required.

Prior to commencing operations, a cannabis business and any financial interest holder therein shall each separately obtain and thereafter maintain a valid city business license pursuant to Chapter I of this title. Failure to hold a valid business license at all times shall render the cannabis business permit invalid.

9-494. Conditional use permit required.

No cannabis business permit shall be issued, and no person shall conduct a cannabis business unless a conditional use permit has been issued therefore pursuant to the provisions of Title 13, Chapter IX, Article 21 of this Code. Approval of a conditional use permit shall not waive any other requirements of State or local law or regulation, including, but not limited, to the requirement to 536

obtain a building permit, certificate of occupancy, cannabis business permit and/or city business license.

9.494.5 Maximum cannabis retail storefront cannabis business permits.

A maximum of thirty (30) storefront retail cannabis business permits may be i ssued by the City.

Thereafter, no further storefront retail cannabis business permits may be issued by the City until the total number of operating licensed storefront retail establishments fall below fifteen (15), after which time the City may issue furt her cannabis business permits not to exceed fifteen (15) total active storefront retail cannabis business permits operating at one time.

9-495. Operating requirements for all cannabis businesses permitted under this chapter. (a) Records and recordkeeping.

1. Each owner and operator of a cannabis business shall maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than a quarterly basis or at any time upon reasonable request of the city, each cannabis business shall file a sworn statement detailing the number of sales by the cannabis business during the previous three (3) month period (or shorter period based upon the timing of the reques t), provided on a per -month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid.

Each owner and operator shall keep and preserve for a period of no less than seven (7) years, all records as m ay be necessary to determine the amount of such tax the operator may have been liable to collect and remit to the city.

2. Each owner and operator of a cannabis business shall maintain a current register of the names and the contact information (includ ing the name, address, telephone number, a copy of that person’s government issued identification, and email address) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents and volu nteers currently employed or otherwise engaged by the cannabis business. The register required by this paragraph shall be provided to the city manager upon a reasonable request.

3. All cannabis businesses shall maintain an inventory control and reporti ng system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the production or manufacturing, laboratory testing and distribution processes.

4. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA), each cannabis business shall allow city officials to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty -four (24) hours after receipt of the city’s request, unless otherwise stipulated by the city.

5. Each owner and operator of a cannabis business shall disclose to the City the names and addresses of each and every financial interest holder of that business within ten 537

(10) calendar days of that person becoming a financial interest holder of the cannabis business, and thereafter shall notify the City within ten (10) business days if that person or entity ceases to be a financial interest holder. Each financial interest holder shall obtain a business license pursuant to section 9 -493 within thirty (30) days of becoming a financial interest holder of that business.

(b) Security measures.

1. A permitted cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannab is or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. These security measures shall include:
a. Establishing limited access areas accessible only to authorized cannabis business personnel;
b. All cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault, and shall be kept in a manner as to prevent diversion, theft, and loss;
c. Sensors shall be installed to detect entry and exit from all secure areas; d. Having a professionally installed, maintained, and monitored alarm system; e. Any bars to be installed on the windows or the doors of the cannabis business for security purposes, if permitted by the city, shall be installed only on the interior of the building;
f. Security personnel if utilized must be licensed by the State of California Bureau of Security and Investigative Services Personnel, shall comply with the requirements of California Business and Professions Code Chapters 11.4 and 11.5 of Division 3, and have a valid business license from the city; and g. Each cannabis business shall have the capability to remain secure and operational during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

2. Each cannabis business shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the city manager rega rding any security related measures or and operational issues.

3. A cannabis business shall notify the city manager within twenty-four (24) hours after discovering any of the following:
a. Significant discrepancies identified during inventory, as set forth in the city’s administrative regulations;
b. Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business; or
c. The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the cannabis business and/or cannabis sales.

state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions which violate state law or local law with respect to the operation of a cannabis business or any site -specific, additio nal operating procedures or requirements which may be imposed as conditions of approval of the location of the cannabis business.
(e) Taxes. All cannabis businesses authorized to operate under this chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each cannabis business shall cooperate with the city with respect to any reasonable request to audit the cannabis business’s books and records for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period. (f) Insurance. Permittee shall obtain and maintain at all times during the term of the per mit comprehensive general liability insurance and comprehensive automotive liability insurance protecting the permittee in an amount of not less than one million dollars ($1,000,000.00) per occurrence, combined single limit, including bodily injury and property damage and not less than one million dollars ($1,000,000.00) aggregate for each personal injury liability, products-completed operations and each accident, issued by an insurance provider rated at least A -:VIII in A.M. Best and Company’s Insurance Gu ide and either admitted and authorized to do business in California or is listed on the California Department of Insurance’s List of Approved Surplus Line Insurers.

(g) Miscellaneous operating requirements.

1. Restriction on consumption. Cannabis shall not be consumed on the premises of any cannabis businesses or elsewhere in the city other than within private residences.

2. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a cannabis business permit, or on any of the vehicles owned or used as part of the cannabis business except as otherwise expressly allowed by this chapter. No outdoor storage of cannabis or cannabis products is permitted at any time.

3. Reporting and tracking of product and of gross sales. Each cannabis business shall have in place a point-of-sale tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale). The cannabis business shall ensure that such information is compatible with the city’s record -keeping systems.

The system must have the capability to produce historical transactional data for review by the city manager.

4. All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with all state and local regulations.

5. There shall not be a physician located in or around any cannabis business at any time for the purpose of evaluating patients for the issuance of a cannabis prescription or card.

6. Signage, notices, and advertising.
a. In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements 539

of this Code, including, but not limited to, seeking the issuance of a city sign permit.
b. Each entrance to a cannabis retail business shall be visibly posted with one clear and legible notice up to twelve (12) inches by eighteen (18) inches in size, indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in t he areas adjacent to the cannabis business is prohibited. The word “cannabis” is allowed to be used up to two times on each of these specific notices. Letter height in the notice shall be limited to up to one (1) inch in size.

All notice lettering shall be the same font and color.
c. Business identification signage shall be limited to that needed for identification only.
d. The business shall at all times comply with the advertising and marketing restrictions of Business and Professions Code sections 26150-26156, in addition to the requirements of this code.
e. Cannabis business advertising and/or marketing materials in the city shall not encourage persons under 21 years of age to consume cannabis or cannabis products and shall not depict and/or suggest in any way the consumption of cannabis or cannabis products.

7. Minors.
a. Persons under the age of twenty -one (21) years shall not be allowed on the premises of a cannabis business, except as otherwise specifically provided for by state law. It is unlawful and a violation of this chapter for any person to employ any person at or for a cannabis business who is not at least twenty -one (21) years of age.
b. The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the cannabis business except as specifically provided for herein.

8. Odor control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off-site.

9. Display of permit and city business license. The original copy of the cannabis business permit issued by the city pursuant to this chapter and the city -issued business l icense shall be posted inside the cannabis business in a conspicuous location.

10. Background check. Every owner, manager, supervisor or employee of the cannabis business must submit fingerprints and other information deemed necessary by the city manager for a background check by the Costa Mesa police department to verify that person’s criminal history. No person shall be issued a permit to operate a cannabis
business who has been convicted of a felony within the past seven (7) years, unless that felony has been dismissed, withdrawn, expunged or set aside pursuant to Penal Code section 1203.4, 1000 or 1385, or who is currently on probation or parole f or the sale, distribution, possession or manufacture of a controlled substance. Exempted from this prohibition is a conviction for a felony involving cannabis and/or marijuana for which the underlying cannabis or marijuana offense has subsequently 540

been des ignated a misdemeanor or infraction or decriminalized pursuant to the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act or federal law.

11. Loitering. The owner and/or operator of a cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.

12. Permits and other approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabi s business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to operate.

13. Free samples. No cannabis business shall provide or cause to be provided any free sample of cannabis goods to any person within the city.

14. A licensed retailer may only sell cannabis goods, cannabis accessories, and licensees’ branded merchandise or promotional materials

(h) Additional operating requirements for retail sale (storefront) businesses. In addition to every other requirement of this section, other than those set forth in subsection (i) ( retail sale, non-storefront) that are expressly inapplicable, every business that sells cannabis as a storefront retailer shall comply with the following requirements:

1. The security plan shall include at least one (1) licensed private security guard or guards who shall be present at the premises twenty -four (24) hours per day, exterior lighting, and continuous video monitoring and recording of the interior and exterior of the premises. Video surveillance recordings must also include video of all entryways and exits of the premises. All video recordings shall be maintained for a minimum of ninety (90) days.

2. Both the private security guard and the business personnel sha ll monitor the premises and the immediate vicinity of the premises to ensure that patrons immediately leave the premises and do not consume cannabis in the vicinity of the retail business or on the property or in the parking lot, and shall ensure that persons do not loiter, linger, or otherwise congregate within fifty (50) feet of the premises.

3. There shall be no on-site sales of alcohol or tobacco products, (excluding rolling papers and lighters) and no on -site consumption of food, alcohol, cannabis or tobacco by patrons.

4. Hours of operation shall be limited to: 7:00 a.m. to 10:00 p.m. daily , unless further restricted by conditions of approval. No licensed retail business shall be open to the public between the hours of 10:01 p.m. and 6:59 a.m. of any day.

c. A warning that patrons and/or em ployees may be subject to prosecution under federal cannabis laws, if applicable.
d. That the use of cannabis may impair a person’s ability to drive a motor vehicle or operate machinery and that doing so is illegal.

6. No one under the age of twenty -one (21) shall be allowed to enter the premises of a cannabis business unless the business holds a retail medical cannabis license (M - license) issued by the State.

7. No person shall be permitted to enter the premises without government -issued identification, and cann abis goods may not be provided to any person, whether by purchase, trade, gift, or otherwise, who does not possess a valid government-issued identification and who does not meet the age requirements of this Chapter.

8. Electronic age verification device requi red. Proof of age of every person other than employees entering the business shall be verified with an electronic age verification device, prior to entry of the retail area or delivery to that person. The electronic age verification device may be mobile or fixed, and shall be able to retain a log of all scans that includes the following information: date, time, and age. Said log shall be kept for a minimum of one hundred eighty (180) business days and all records shall be made available to the City Manager upon request.

9. Point-of-sale tracking required. The business shall facilitate the sale, making available, furnishing and/or delivery of cannabis goods with a technology platform that uses point -of-sale technology to track, and database technology to record and store, the following information for each transaction involving the exchange of cannabis goods between the business and consumer:
a. The date and time of transaction.
b. The first name and employee number of the employee who processed the sale of cannabis goods on behalf of the business.
c. A list of all the cannabis goods purchased, including the quantity purchased. d. The total amount paid for the sale, including the individual prices paid for cannabis or cannabis products purchased, and any amounts paid for taxes.

10. Cannabis retail businesses shall also record on the video surveillance system point - of-sale areas and areas where cannabis goods are displayed for sale.

11. Adequate signage shall clearly state who has inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location.

12. Shipments of cannabis goods may only be accepted during regular business hours.

13. Inventory shall be secured using a lockable storage system during non -business hours.

14. No cannabis product shall be visible from the exterior of the business.

15. All required labelling shall be maintained on all product, as required by State law, at all times.

16. A permitted commercial cannabis retail business shall have one hundred eighty (180) days after permit issuance by the city to commence operations, after which the permit shall be void and of no further force and effect. A cannabis retail business shall be considered nonoperational and abandoned after failing to report income and/or reporting no income to the city in any one quarter, ceasing to operate, losing the right to occupy the permitted premises or otherwise failing to maintain an on - going permitted business at the premises for a total of ninety (90) days in any twelve 542

(12) month period. A notice of determination of abandonment shall be delivered to the premises of the retail business and is subject to appeal pursuant to Chapter IX of Title 2. The forgoing notwithstanding, a permitted commercial cannabis business may temporarily suspend operations for a period of time not to exceed ninety (90) days as may be reasonably required to affect upgrades, modifications, repairs, and/or to remedy other real property related problems, as approved in writing by the director or city manager.

17. Obtain and maintain at all times during the term of the permit the insurance required pursuant to subsection (f) of this section in the minimum amounts of two million dollars ($2,000,000.00), and enter into an agreement approved by the city attorney to defend, with attorneys of city’s choos ing, indemnify, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, lia bilities, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permittee or the permittee’s activ ities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding, and shall not be limited by the types and/or amounts of insurance required herein;

18. For an applicant with two or more employees, provide a notarized statement that the applicant will enter int o, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement as otherwise required by Business and Professions Code section 26105.5.

(i) Additional operating requirements for retail sale (non -storefront) delivery businesses. In addition to every other requirement of this section, except only for subsection (h)(1) through (5) and (10) (retail sale, store-front), every business that sells and/or delivers cannabis as a non-store front retailer shall comply with the following requirements:

1. Commercial cannabis retail deliveries may be made only from a commercial cannabis retail business permitted by the City in compliance with this chapter, a nd in compliance with all State regulations.

2. All employees who deliver cannabis shall have valid identification and a copy of the retail business' cannabis business permit and State license at all times while making deliveries.

3. All commercial cannabis retail businesses shall maintain proof of vehicle insurance for any and all vehicles being used to transport cannabis goods as required by State law.

4. Deliveries may only take place during normal business hours of the commercial cannabis retail business.

5. During delivery, the delivery employee shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers. The delivery request documentation sh all comply with State law.
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6. A licensed delivery employee shall not leave the State of California while possessing cannabis products while performing his or her duties for the cannabis retailer.

7. A commercial cannabis retail business shall maintain a li st of all deliveries, including the address delivered to, the amount and type of product delivered, and any other information required by the State.

8. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours.

9. Any delivery method shall be made in compliance with State law, as amended, including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient).

10. Each delivery request shall have a receipt prepared by the commercial cannabis retail business with the following information:
a. Name and address of the commercial cannabis retail business. b. The name of the employee who delivered the order.
c. The date and time the delivery request was made.
d. The complete delivery addresses.
e. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested.
f. The total amount paid for the delivery including any fees or taxes. g. At the time of the delivery, the date and time delivery was made, and the signature of the person who received the delivery.
h. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement.
i. Inspections by an authorized City representative may be conducted anytime during regular business hours.

11. Delivery must be made to a physical address that is not on publicly owned land, a school, a day care, or a youth center.

12. The delivery employee shall not carry cannabis goods valued in excess of $5,000 at any time with no more than $3,000 of cannabis goods that are not already part of a customer order that was processed prior to leaving the premises.

13. Delivery must be made in person by a direct employee of the licensed retailer. An independent contractor, third -party courier service, or an individual employed through a staffing agency would not be considered directly employed by the licensed retailer.

9-496. Cannabis employees.

is a conviction for a felony involving cannabis and/or marijuana for which the underlying cannabis or marijuana offense has subsequently been designated a misdemeanor or infraction or decriminalized pursuant to the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act or federal law. (c) All employees must wear an identification badge while on the premises of the business, in a format authorized by the city manager.

9-497. Promulgation of administrative regulations.
(a) The city manager is also authorized to establish any additional administrative rules, regulations, policies, p rocedures and/or standards governing the issuance, denial or renewal of cannabis business permits, or concerning any other subject necessary to carry out the purposes of this chapter.
(b) Regulations promulgated by the city manager shall become effective upon the date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including, but not limited to, any rules, regulations policies, procedures and/or standards adopted by the city manager. (c) Such administrative rules, regulations and/or standards may include establishing standards and timing for application processing, including but not limited to providing priority for existing licensees in good standing.

9-498. Inspection and enforcement.
(a) The city manager is charged with enforcing the provisions of the Costa Mesa Municipal Code, or any provision thereof, and may enter the location of a cannabis business at any time during the hours of operation without notice, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this title or under applicable provisions of state law. (b) It is unlawful for any person having responsibility for the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a cannabis business under this chapter or under state or local law.

It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis business under this chapter or under state or local law.

9-499. Violations.

equity. The city may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the cannabis business or persons related to, or associated with, the cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, or the chief of poli ce, may take immediate action to temporarily suspend a cannabis business permit issued by the city, pending a hearing before the city council.
(c) Criminal penalties. Each and every violation of the provisions of this chapter may be prosecuted as a mis demeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the County Jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. (d) Remedies cumulative and not exclusive. The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

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ATTACHMENT 5

CHAPTER IX. SPECIAL LAND USE REGULATIONS. ARTICLE 21. LOCATION OF

CANNABIS DISTRIBUTING, MANUFACTURING, RESEARCH AND

DEVELOPMENT, TESTING LABORATORIES, RETAIL STOREFRONT AND

RETAIL NON-STOREFRONT USES

13-200.90. Purpose.

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2 13-200.93. Cannabis retail storefront and non-storefront uses. (a) Cannabis retail storefront uses are prohibited in all zone districts within the city, except for the commercial zone districts.
(b) Cannabis retail non-storefront uses are prohibited in all zone districts within the city, except for the commercial zone districts and within the Green Zone. (c) The following planning application shall be required for cannabis retail uses:
(1) A conditional use permit shall be required for retail storefronts and non- storefronts; and
(2) An amendment to the approved conditional use permit shall be required for existing licensed cannabis distribution or manufacturing businesses to operate a retail non-storefront under the existing business and within the same licensed premise. The amendment shall be processed as a minor conditional use permit. (d) A conditional use permit may be issued to allow the location of a retail cannabis use pursuant to subsections (a) and (b) of this section, subject to the following conditions:
(1) The requirements of Chapter III of this title have been met; (2) The findings for granting conditional use permit pursuant to section 13-29(g) are met;
(3) The applicant pursuant to Chapter VI of Title 9 of this Code; and (4) The use is conducted in compliance with all applicable state and local laws, regulations, and all applicable conditional use permit conditions of approval. (e) A total maximum of thirty (30) conditional use permits for cannabis storefronts may be approved by the city. Following the approval of the thirtieth (30th), no further conditional use permits for cannabis storefronts may be approved by the city until the total number of existing conditional use permits falls below fifteen (15), after which time the city may approve further conditional use permits not to exceed a total of fifteen ( 15) existing conditional use permits for cannabis storefronts located within the city. (f) Cannabis retail storefront location. No cannabis retail storefront use shall be located:
(1) No cannabis retail storefront use shall be located within one-thousand (1,000) feet from a K-12 school, playground, child daycare, homeless shelter, or within 600 feet from a youth center, that is in operation at the time of submission of a completed Cannabis Business Permit application;, or within one hundred (100) feet from a property zoned for residential use;
i. For the purpose of identifying separations from cannabis storefronts and properties zoned for residential use, properties zoned for residential use are within the following zoning districts: R1 Single-Family Residential District, R2-MD Multiple-Family Residential District, Medium Density, R2-HD Multiple-Family Residential District, High Density, R3 Multiple- Family Residential District, TC Town Center District, PDR-LD Planned Density Residential—Low Density, PDR-MD Planned Development Residential—Medium Density, PDR-HD Planned Development
Residential—High Density, and PDR-NCM Planned Development Residential—North Costa Mesa.
ii. Where a non-residential property was developed for residential or mixed residential use in accordance with an overlay, urban plan, or specific plan, and the residential development and use remains, the property 548

3 would be considered residential when establishing a separation from cannabis storefronts.
iii. Where an overlay, urban plan, or specific plan allows residential development on a property zoned for residential use, but residential development has not been constructed, such property would not be considered a property zoned for residential use pursuant to this provision. iv. Where a legal nonconforming residential unit or units have been developed on a property zoned for non-residential use, the property would not be considered residential when establishing a separation from cannabis storefronts.
(2) No cannabis retail storefront use shall be located within five hundred (500) feet from the premises of a lawfully existing cannabis retail storefront business; (3) (2) All sensitive use separation distances referenced in (f)(1) and (2) shall be measured in a straight line from the premises where the cannabis retail use is to be located to the closest property line of a K-12 school, playground, child daycare, homeless shelter, or youth center or property zoned for residential use, or from the premises of a lawfully existing cannabis retail storefront use. i. For purposes of this sub-sub-section, the property line of a playground shall be a thirty (30) foot radius from the exterior physical boundaries of the playground equipment area;
(4) (3) All distances shall be measured without regard to the boundaries of the city and and/or intervening structures or other barriers;
(5) (4) At a property as for which the zoning administrator, director or planning commission determines, based on a preponderance of the evidence, that unpermitted and/or illegal cannabis activity involving sales, delivery and/or dispensing has taken place at any time in the 365 days preceding an application under this Article. If an unpermitted and/or illegal cannabis activity has existed on a property no cannabis business may be permitted on that property unless 365 days has elapsed since that unpermitted and/or illegal cannabis activity has vacated the property, and the owner of that property has compensated the City for any and all expenditure of public funds and resources, including all costs, expenses (including but not limited to the salaries of peace and/or code enforcement officers) and/or attorney’s fees, incurred in investigating, abating or attempting to abate the unpermitted use or uses, whether or not any type of civil, criminal or administrative proceedings have been commenced against the property, provided however if the owner of the property is required to evict that use, the 365 days shall begin to run from the date of the filing of an unlawful detainer complaint, in which case the a permit may be issued after the 365 days had elapsed and that use is no longer occupying the property.
(6) (5) A determination and/or finding under sub-section (e)(5) is subject to the appeal provisions of Chapter IX of Title 2 of this Code. (7) The nonconforming provisions contained in Chapter X of this Code pertain to cannabis uses except as follows:
i. When an approved retail cannabis storefront conditional use permit location which lawfully met separation requirements at the time of the submission of a cannabis business permit application for the subject 549

4 property does not conform to the separation and the permitted cannabis retail operation is discontinued or abandoned for more than one hundred eighty (180) days, or when a permitted cannabis use is replaced in whole or part for any period of time by any other use, the conditional use permit shall be null and void after the permittee has had an opportunity for a hearing before the issuing officer as provided in Chapter II of Title 9. (g) Retail storefront uses shall be subject to the following development standards in addition to those contained in Chapter VI of Title 9:
(1) Opaque window coverings unless required by the City for security purposes are prohibited;
(2) Permanent security or safety bars shall not be placed on any interior or exterior windows or door, unless required by the City for security purposes; (3) Directional signage to the use including but not limited to A-frame signs, sandwich board signs, banners, or flags are prohibited; (4) No use shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of- way;
(5) Uses shall comply with the landscaping requirements set forth in Chapter VII of this title including bringing the site landscaping into conformance when feasible as determined by the director;
(6) Parking requirements shall be subject to Section 13-89; (7) The hours of operation may be established as part of the planning application subject to the final review authority and may be more restrictive than those set forth in Chapter VI of Title 9. Modification of operation hours when established as part of the planning application shall be subject to an amendment of the planning application;
(8) Drive-through services or walk-up window services are prohibited; (9) Outdoor seating or patio areas are prohibited;
(10) Special events that include live entertainment, dancing, and/or amplified music, or that are otherwise visible and/or audible from the public right-of-way, are prohibited;
(11) All cannabis products shall be secured after business hours in a locked container under 24-hour video surveillance; and
(12) For uses within two hundred (200) feet of a residential zone, all exterior lighting shall be shielded and/or directed away from residential areas. In addition, trash facilities shall be screened from view and designed and located appropriately to minimize potential noise and odor impacts to adjacent residential areas. (h) Non-storefront uses shall be subject to the following development standards in addition to those contained in Chapter VI of Title 9:
(1) Uses may operate independently from a retail storefront or as a part of, and in conjunction with, a permitted storefront, distribution, or manufacturing facility; (2) Parking requirements shall be subject to Section 13-89 and shall also include sufficient parking spaces for delivery vehicles;
(3) All deliveries to customers shall be completed by 10:00 p.m.; and 550

5 (4) The general public shall not be permitted to enter the premises of a non-storefront retail use.
(i) Except as specifically authorized in this article, all other cannabis retail uses such as but not limited to lounges and cafes are expressly prohibited in the city. (j) No person shall engage in any use set forth in this article unless that use is specifically authorized by Chapter VI of Title 9 of this Code.
(k) Any cannabis use, including but not limited to those involving sale, delivery and/or dispensing, that is not permitted, licensed and otherwise in full compliance with all applicable provisions of this Code and state and local law, shall not be considered a legally non-conforming use pursuant to, and notwithstanding any contrary provisions of, Chapter IX of this title.

13-200.94. Declaration of public nuisance.

13-200.95. Violations.

Violations of this article shall be punishable pursuant to the provisions of section 13-16 in addition to any other remedy available at law or in equity.

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ATTACHMENT 6

CHAPTER VI. CANNABIS BUSINESS PERMITS

9-481. Purpose and intent.

It is the purpose and intent of this chapter to regulate the distributing, manufacturing, processing, research and development, retail sale, testing and transporting of cannabis and cannabis -related products in a manner which is responsible, which protects the health, safety, and welfare of the residents of Costa Mesa, and to enforce rules and regulations consistent with state law. In part to meet these objectives, a permit shall be required in order to own and/or to operate a cannabis business within the city. Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes which violate state or federal law. The provisions of this chapter are in addition to any other permits, licenses, and approvals which may be required to conduct business in the city, and are in addition to any permits, licenses and approvals required under state law.

9-482. Legal authority.

Pursuant to Sections 5 and 7 of Article XI of the California Constitution and the provisions of Division 10 of the Business and Professions Code, the city is authorized to adopt ordinances that establish standards, requirements and regulations for local licenses and permits for cannabis and cannabis - related activity.

9-482.5 Authority of the City Manager
The City Manager is authorized to make reasonable rules, policies, and procedures consistent with the intent and spirit of this Chapter as may be necessary to admin ister and enforce the provisions of this Chapter and any other ordinances, regulations or laws relating to and affecting the permitting and operations of commercial cannabis businesses.

The City Manager is authorized to make reasonable rules, policies, an d procedures consistent with the intent and spirit of this Chapter concerning the applications, the application process, the information required of applicants, the application procedures, and the administration and procedures to be used and followed in th e application process for permit applications and requests for permit changes or modifications pursuant to this Chapter, and the implementation and administration of social equity programs.

9-483. Cannabis business activities prohibited unless specifically authorized by this chapter.

9-484. Compliance with laws.

9-485. Definitions.

2 to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

Cannabis means all parts of the Cannabis sativa Linnaeus, Cannabis in dica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin . “Cannabis” also means the separated resin, whether crude or purified, obtained from marijuana. “Cannabis” also means marijuana as defined by section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other com pound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean industrial hemp as that term is defined by section 81000 of the California Food and Agricultural Code or section 11018.5 of the California Health and Safety Code.

Cannabis business permit means a regulatory permit issued by the city pursuant to this chapter to a cannabis business, and is required before any cannabis activity may be conducted in the city.

Cannabis goods means cannabis and/or cannabis products.

Cannabis product or manufactured cannabis product or product means cannabis that has undergone a process whereby th e plant material is transformed into a concentrate for internal consumption or topical application, including, but not limited to, concentrated cannabis, an edible cannabis product, or a topical cannabis product containing cannabis or concentrated cannabis in combination with other ingredients.

Caregiver or primary caregiver has the same meaning as that term is defined in section 11362.7 of the California Health and Safety Code.

City manager shall mean the city manager of the city or designee.

Director shall mean the city’s Director of the Economic and Development Services department or designee, unless otherwise specified.

Dispensing means any activity involving the retail sale of cannabis or cannabis products.

Distributor means a person or entity that engages in distribution. The direct and/or retail sale, distribution, or furnishing of any cannabis or cannabis product to any consumer or end user by a distributor is expressly prohibited, unless otherwise authorized pursuant to this chapter.

Edible cannabis product means manufactured cannabis that is intended to be used, in whole or in part, for oral human consumption including, but not limite d to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the California Food and Agricultural Code. An edible cannabis product is not considered food as defined by California Health and Safety Code Section 10993 5 or a drug as defined by California Health and Safety Code Section 109925.

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3 Financial interest holder shall have the same meaning as set forth in Title 4, Division 19, section 15004 of the California Code of Regulations.

Free sample means any amount of cannabis goods provided to a patron of a business or member of the public without cost or payment or exchange for any other thing of value.

Homeless shelter has the same meaning as emergency shelter.

Labor Peace Agreement has the same meaning s et forth in Business and Professions Code section 26001.

Manufacturing site means a location where cannabis products are manufactured.

Marijuana means “cannabis,” as that term is defined in this chapter.

Marijuana business and/or cannabis business means any business or operation which engages in any marijuana or cannabis activity.

Marijuana business permit has the same meaning as cannabis business permit.

Patient or qualified patient shall have the same definition as California Health and Safety Code section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code section 11362.5. For purposes of this chapter, a qualified patient shall include a person with an identification card as that term is defined by California Health and Safety Code section 11362.7 et seq.

Person with an identifi cation card shall have the meaning given that term by California Health and Safety Code section 11362.7.

Playground shall mean and include both a public playground located in a city park and a private playground. A private playground shall mean a privately-owned outdoor recreation area, including a tot lot, containing playground equipment or amenities such as swings, s lides, sandboxes, or similar installations designed for use by minors and serving either the general public or residents of a development where the playground equipment is located, including residential subdivisions and/or developments such as apartments, townhomes and/or condominium complexes, mobile home parks or other similar residential uses, as well as playground equipment serving registered guests at hotels and motels. A private playground does not include a playground or playground equipment installe d at a single-family residence, or play equipment that is part of a privately-owned commercial business or place of worship, or a playground that is access-controlled during operating hours or does not have 554

4 direct access from the public right -of-way. A private playground does not include areas designated for use as a playing field or court, pool, or skate facility.

Processing and proces sor shall have the same meaning as manufacturing and manufacturer, respectively.

Research and development laboratory means a facility, entity, or site in the city that performs research into and/or the development of cannabis or cannabis products, where cannabis in any amount is located on-site, and that is both of the following:

1. Accredited by an accrediting body that is independent of all other persons involved in the cannabis industry in the state.

South Coast Collection or SoCo means all properties located at 3303 through 3323, inclusive, Hyland Avenue, in the City of Costa Mesa, commonly known as “SoCo” or “SOCO.”

State means the State of California, including any of its departments, divisions, and/or bureaus.

State license means a permit or license issued by the state to engage in cannabis activity.

Youth center means any public or private facility that is primarily used to host recreation or social activities for minors, specifically private youth membership organizations or clubs, social services teenage club facilities, video arcades where ten (10) or more games or game machines or devices are operated or similar amusement park facilities, but does not include dance studios, tutoring, martial arts studios or similar type of uses.

1. Cannabis distributor (includes license classification type 11);

2. Cannabis manufacturer (includes license classification type 6 and 7);

3. Cannabis testing laboratory (includes license classification type 8);

4. Cannabis retail - storefront (includes license classification type 10);

5. Cannabis retail - non-storefront (includes license classification type 9); and 555

5 6. Cannabis research and development laboratory.

9-487. Cannabis business permit required to engage in a cannabis business.

No person may engage in any cannabis business or in any cannabis activity within the city including manufacturing, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person: 1) has a valid cannabis business permit from the city that authorizes the specific business and activity at specific location; 2) has a valid business license issued to the entity that is listed on the cannabis business permit; and 3) is currently in compliance with all other applicable state and local laws and regulations pertaining to the cannabis business and cannabis activity.

9-487.3. Disclosure of financial interest holders required.

Any and all financial interest holders must be disclosed to the City as pa rt of any application for issuance and/or renewal of a cannabis business permit.

9-487.5. Change in business name.

9-488. Term of permit-Fees.
(a) A cannabis business permit shall be valid for two (2) years from the date of issue, unless otherwise suspended or revoked, and may be renewed bi -annually thereafter, provided the permittee and application for renewal are is in compliance with all of the provisions of this chapter as well as all administrative regulations adopted pursuant to section 9-497. (b) Cannabis business permit application fees and renewal fees shall be established by resolution of the city council as may be amended from time to time. Failure to timely submit fees and/or comply with the administrative regulations governing applications and/or renewals shall be grounds for denial of application and/or renewal.

9-489. Effect of state license suspension, revocation, or termination.

6 90 days. Should the state license remain suspended for 90 days or longer, any permit issued pursuant to this chapter shall expire and be of no further force and effect. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a cannabis business, such revocation or termination shall also revoke or terminate the ability of a business permitted pursuant to this chapter including the persons and entities set forth in section 9-490(c) to operate any cannabis business within the city for a period of five years from the date of such revocation or termination.

9-490. Denial and revocation.
(a) Revocation. A cannabis business permit may be revoked and/or suspended pursuant to the procedures of section 9-120, and/or deemed abandoned or forfeited pursuant to the procedures of section 9-495, for failing to comply with the terms of the permit, the applicable provisions of this chapter, this Code, city regulations, state law or regulations and/or any conditions of any other permit issued pursuant to this Code.
(b) Denial. An application for a cannabis business permit may be denied where it fails to provide all required information, documentation and/or fees and/or where it does not or would not be able to comply with the applicable provisions of this chapter, this Code, city regulations and/or state law or regulations and/or where the applicant is otherwise ineligible for such permit. (c) Effect of revocation and denial. Whenever an application for a permit is de nied, no other similar application by such applicant or permittee will be considered for a period of one (1) year from the date of the denial of an application. Whenever a permit has been revoked, no other similar application by such permittee shall be co nsidered for a period of five (5) years from either the date the notice of the permit revocation was mailed or the date of the final decision of the city to revoke the permit, whichever is later. The prohibitions of this subsection shall also apply to the following:

2. A corporation, profit or nonprofit, whose permit was revoked, or application was denied, to any of its directors or officers or to any person who owned any portion of its shares, who attempts by way of a new corporation or using their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing any portion of the shares in another corporation seeking to obtain a new permit.
(d) Ineligibility. In addition to any other law, no person or entity shall be eligible for and/or receive a cannabis business permit if that person or entity, or any director or officer of that entity or a person who owned any portion of that entity’s shares , or any financial interest holder of that entity , engaged or engages in unpermitted and/or illegal cannabis activity involving sales, delivery and/or dispensing in the city, or had an ownership interest in any property set forth in section 13 -200.93(e)(5), in the five (5) years preceding a n application under this chapter or during the application process . A determination of ineligibility under this sub-section (d) may be made by the City Manager and shall be based on the preponderance of the evidence. This prohibition shall not apply to a natural person who would otherwise be ineligible based on a criminal conviction that has been dismissed, withdrawn, expunged or set aside or is otherwise exempted pursuant to sections 9-495(g)(10) and/or 9-496(b).

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7 9-491. Appeals.

In the event a permit holding cannabis business sells or transfers the business to a new owner and/or operates the business under a new entity and/or name not listed on the permit, the new owner must obtain a new cannabis business permit and business license prior to commencing or continuing operations. A cannabis business shall be deemed to have transferred to a new owner within the meaning of this section if person(s) or entities with controlling interest at the time the permit was first issued cease(s) at any time to possess controlling ownership interest and/or hold an ownership interest of less than fifty-one (51) percent.

9-493. City business license required.

Prior to commencing operations, a cannabis business and any financial interest holder therein shall each separately obtain and thereafter maintain a valid city business license pursuant to Chapter I of this title. Failure to do so will hold a valid business license at all time s shall render the cannabis business permit invalid.

9-494. Conditional use permit required.

9.494.5 Maximum cannabis retail storefront cannabis business permits.

A maximum of thirty (30) storefront retail cannabis business permits may be issued by the City.

Thereafter, no further storefront retail cannabis business permits may be issued by the City until the total number of operating licensed storefront retail storefront establishments fall below fifteen (15), after which time the City may issue further cannabis business permits not to exceed fifteen (15) total active storefront retail cannabis business permits operating at one time.

9-495. Operating requirements for all cannabis businesses permitted under this chapter. (a) Records and recordkeeping.

1. Each owner and operator of a cannabis business shall maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than a n annual quarterly basis (at or before the time of the renewal of a cannabis business permit issued pursuant to this title), or at any time upon reasonable reque st of the city, each cannabis business shall file a sworn statement detailing the number of sales by the cannabis business during the previous twelve (12) three (3) month period (or shorter period based upon the timing of the request), provided on a per -month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. 558

8 Each owner and operator shall keep and preserve for a period of no less than seven (7) years, all records as may be necessary to determine the amount of such tax the operator may have been liable to collect and remit to the city.

2. Each owner and operator of a cannabis business shall maintain a current register of the names and the contact information (including the name, address, telephone number, a copy of that person’s government issued identification, and email address) of anyone owning or holding an interest in the cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the cannabis business. The register required by this paragraph shall be provided to the city manager upon a reasonable request.

3. All cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the production or manufacturing, laboratory testing and distribution processes.

4. Subject to any restrictions under the Health Insuranc e Portability and Accountability Act (HIPAA), each cannabis business shall allow city officials to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted cannabis activities, for the purp ose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the city’s request, unless otherwise stipulated by the city.

5. Each owner and operator of a cannabis business shall disclose to the City the names and addresses of each and every financial interest holder of that business within ten (10) calendar days of that person becoming a financial interest holder of the cannabis business, and thereafter shall notify the City within ten (10) business days if that person or entity ceases to be a financial interest holder. Each financial interest holder shall obtain a business license pursuant to section 9 -493 within thirty (30) days of becoming a financial interest holder of that business.

(b) Security measures.

1. A permitted cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. These security measures shall include:
a. Establishing limited access areas accessible only to authorized cannabis business personnel;
b. All cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault, and shall be kept in a manner as to prevent diversion, theft, and loss;
c. Sensors shall be installed to detect entry and exit from all secure areas; d. Having a professionally installed, maintained, and monitored alarm system; e. Any bars to be installed on the windows or the doors of the cannabis business for security purposes, if permitted by the city, shall be installed only on the interior of the building;
f. Security personnel if utilized must be licensed by the State of California Bureau of Security and Investigative Services Personnel, shall comply with the 559

9 requirements of California Business and Professions Code Chapters 11.4 and

11.5 of Division 3 , and have a valid business license from the city; and g. Each cannabis business shall have the capability to remain secure and operational during a power outage and shall ensure that all access doors are not solely controlled by an electronic access p anel to ensure that locks are not released during a power outage.

2. Each cannabis business shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the city manager regarding any security related measures or and operational issues.

3. A cannabis business shall notify the city manager within twenty -four (24) hours after discovering any of the following:
a. Significant discrepancies identified during inventory, as set forth in the city’s administrative regulations;
b. Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business; or
c. The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the cannabis business and/or cannabis sales.

(c) Restriction on alcohol sales. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the cannabis business. (d) Compliance with laws. It is the responsibility of the owners and operators of the cannabis business to ensure that it is, at all times, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this chapter shall be construed as authorizing any actions which violate state law or local law with respect to the operation of a cannabis business or any site -specific, additional operating procedure s or requirements which may be imposed as conditions of approval of the location of the cannabis business.
(e) Taxes. All cannabis businesses authorized to operate under this chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each cannabis business shall cooperate with the city with respect to any reasonable request to audit the cannabis business’s books and records for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period.
(f) Insurance. Permittee shall obtain and maintain at all times during the term of the permit comprehensive general liability insurance and comprehensive automotive liability insurance protecting the permittee in an amount of not less than one million dollars ($1,000,000.00) per occurrence, combined single limit, including bodily injury and property damage and n ot less than one million dollars ($1,000,000.00) aggregate for each personal injury liability, products- completed operations and each accident, issued by an insurance provider rated at least A-:VIII in A.M. Best and Company’s Insurance Guide and either adm itted and authorized to do business in California or is listed on the California Department of Insurance’s List of Approved Surplus Line Insurers.

(g) Miscellaneous operating requirements.

1. Restriction on consumption. Cannabis shall not be consumed on the premises of any cannabis businesses or elsewhere in the city other than within private residences. 560

10 2. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a cannabis business permit, or on any of the vehicles owned or used as part of the cannabis business, except as otherwise e xpressley allowed by this chapter . No outdoor storage of cannabis or cannabis products is permitted at any time.

3. Reporting and tracking o f product and of gross sales. Each cannabis business shall have in place a point -of-sale tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale). The cannabis business shall ensure that such information is compatible with the city’s record-keeping systems. The system must have the capability to produce historical transactional data for review by the city manager.

5. There shall not be a physician located in or around any cannabis business at any time for the purpose of evaluating patients for the issuance of a cannabis prescription or card.

6. Signage, and notices, and advertising.
a. In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of this Code, including, but not limited to, seeking the issuance of a city sign permit.
b. Each entrance to a cannabis retail business shall be visibly posted with a one clear and legible notice up to twelve (12) inches by eighteen (18) inches in size , indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited. The word “cannabis” is allowed to be used up to two times on each of these specific notices.

Letter height in the notice shall be limited to up to one (1) inch in size. All notice lettering shall be the same font and color.
c. Business identification signage shall be limited to that needed for identification only.
d. The business shall at all times comply with the advertising and marketing restrictions of Business and Professions Code sections 26150 -26156, in addition to the requirements of this code.
e. Cannabis business advertising and/or marketing materials in the city shall not encourage persons under 21 years of age to consume cannabis or cannabis products and shall not depict and/or suggest in any way the consumption of cannabis or cannabis products.

11 b. The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the cannabis business except as specifically provided for herein.

8. Odor control. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off-site.

9. Display of permit and city business license. The original copy of the cannabis business permit issued by the city pursuant to this chapter and the city -issued business license shall be posted inside the cannabis business in a conspicuous location.

10. Background check. Every owner, manager, supervisor or employee of the cannabis business must submit fingerprints and other information deemed necessary by the city manager for a background check by the C osta Mesa police department to verify that person’s criminal history. No person shall be issued a permit to operate a cannabis business who has been convicted of a felony within the past seven (7) years, unless that felony has been dismissed, withdrawn, e xpunged or set aside pursuant to Penal Code section 1203.4, 1000 or 1385, or who is currently on probation or parole for the sale, distribution, possession or manufacture of a controlled substance. Exempted from this prohibition is a conviction for a felony involving cannabis and/or marijuana for which the underlying cannabis or marijuana offense has subsequently been designated a misdemeanor or in fraction or decriminalized pursuant to the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act or federal law.

11. Loitering. The owner and/or operator of a cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.

12. Permits and other approvals. Prior to the establishment of any cannabis business or the operation of any such business, the person intending to establish a cannabis business must first obtai n all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such cannabis business intends to operate.

13. Free samples. No cannabis business shall provide or cause to be provided any free sample of cannabis goods to any person within the city.

14. A licensed retailer may only sell cannabis goods, cannabis accessories, and licensees’ branded merchandise or promotional materials

(h) Additional operating requirements for retail sale (storefront) businesses. In addition to every other requirement of this section, other than those set forth in subsection (i) (retail sale, non- storefront) that are expressly inapplicable, every business that sells cannabis as a storefront retailer shall comply with the following requirements:

2. Both the private security guard and the business personnel shall monitor the premises and the immediate vicinity of the premises to ensure that patrons immediately leave the premises and do not consume cannabis in the vicinity of the retail business or on the property or in the parking lot, and shall ensure that persons 562

12 do not loiter, linger, or otherwise congregate within fifty (50) feet of the entrance to the premises.

3. There shall be no on -site sales of alcohol or tobacco prod ucts, (excluding rolling papers and lighters) and no on -site consumption of food, alcohol, cannabis or tobacco by patrons.

4. Hours of operation shall be limited to: 7:00 a.m. to 10:00 p.m. daily, unless further restricted by conditions of approval . No licensed retail business shall be open to the public between the hours of 10:01 p.m. and 6:59 a.m. of any day.

5. The cannabis retail business shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location:
a. Unlawful sale, barter or distribution of cannabis is a crime and subject to a fine or arrest.
b. Loitering on and around the retail premises is prohibited by California Penal Code section 647 and that patrons must immediately leave the premises and not consume cannabis in the vicinity and/or on the property or in the parking lot.
c. A warning that patrons and/or employees may be subject to prosecution under federal cannabis laws, if applicable.
d. That the use of cannabis may impair a person’s ability to drive a motor vehicle or operate machinery and that doing so is illegal.

7. No person shall be permitted to enter the premises without government -issued identification, and cannabis goods may not be provided to any person, whether by purchase, trade, gift, or otherwise, who does not possess a valid government -issued identification a nd who does not meet the age requirements of this Chapter.

8. Electronic age verification device required. Proof of age of every person other than employees entering the business shall be verified with an electronic age verification device, prior to entry of the retail area or delivery to that person. The electronic age verification device may be mobile or fixed, and shall be able to retain a log of all scans that includes the following information: date, time, and age. Said log shall be kept for a minimum of one hundred eighty (180) business days and all records shall be made available to the City Manager upon request.

9. Point-of-sale tracking required. The business shall facilitate the sale, making available, furnishing and/or delivery of cannabis goods with a technology platform that uses point -of-sale technology to track, and database technology to record and store, the following information for each transaction involving the exchange of cannabis goods between the business and consumer:
a. The date and time of transaction.
b. The first name and employee number of the employee who processed the sale of cannabis goods on behalf of the business.
c. A list of all the cannabis goods purchased, including the quantity purchased. d. The total amount paid for the sale, including th e individual prices paid for cannabis or cannabis products purchased, and any amounts paid for taxes.

10. Cannabis retail businesses shall also record on the video surveillance system point-of- sale areas and areas where cannabis goods are displayed for sale. 563

13 11. Adequate signage shall clearly state who has inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location.

12. Shipments of cannabis goods may only be accepted during regular business hours.

13. Inventory shall be secured using a lockable storage system during non-business hours.

14. No cannabis product shall be visible from the exterior of the business.

15. All required labelling shall be maintained on all product, as required by State law, at all times.

16. A permitted commercial cannabis retail business shall have one hundred eighty (180) days after permit issuance by the city to commence operations, after which the permit shall be void and of no further force and effect. A permitted commercial cannabis retail business that c eases to operate for more than 90 calendar days after commencing operations shall be deemed “abandoned” and the permit shall be forfeited. A permitted commercial cannabis business may temporarily suspend operations for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the director or city manager. A cannabis retail business shall be considered nonoperational and abandoned after failing to report income and/or reporting no income to the city in any one quarter, ceasing to operate, losing the right to occupy the permitted premises or otherwise failing to maintain an on-going permitted business at the premises for a total of ninety (90) days in any twelve (12) month peri od. A notice of determination of abandonment shall be delivered to the premises of the retail business and is subject to appeal pursuant to Chapter IX of Title 2. The forgoing notwithstanding, a permitted commercial cannabis business may temporarily suspend operations for a period of time not to exceed ninety (90) days as may be reasonably required to affect upgrades, modifications, repairs, and/or to remedy other real property related problems, as approved in writing by the director or city manager.by the end of the 180 day period.

17. Obtain and maintain at all times during the term of the permit the insurance required pursuant to subsection (f) of this section in the minimum amounts of two million dollars ($2,000,000.00), and enter into an agreement approved by the city attorney to defend, with attorneys of city’s choosing, indemnify, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, ca uses of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permittee or the permittee’s activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding, and shall not be limited by the types and/or amounts of insurance required herein;

18. For an applicant with two or more employees, provide a notarized statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement as otherwise required by Business and Professions Code section 26105.5.

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14 (i) Additional operating requirements for retail sale (non -storefront) delivery businesses. In addition to every other requirement of this section, except only for subsection (h)(1) through (5) and (10) (retail sale, store-front), every business that sells an d/or delivers cannabis as a non-store front retailer shall comply with the following requirements:

2. All employees who deliver cannabis shall have valid identification and a copy of the retail business' cannabis business permit and State license at all times while making deliveries.

3. All commercial cannabis retail businesses shall maintain proof of vehicle insurance for any and all vehicles being used to transport cannabis goods as required by State law.

4. Deliveries may only take place during normal business hours of the commercial cannabis retail business.

6. A licensed delivery employee shall not leave the State of California while possessing cannabis products while performing his or her duties for the cannabis retailer.

7. A commercial cannabis retail business shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered, and any other information required by the State.

8. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours.

10. Each delivery request shall have a receipt prepared by the commercial cannabis retail business with the following information:
a. Name and address of the commercial cannabis retail business. b. The name of the employee who delivered the order.
c. The date and time the delivery request was made.
d. The complete delivery addresses.
e. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested.
f. The total amount paid for the delivery including any fees or taxes. g. At the time of the delivery, the date and time delivery was made, and the signature of the person who received the delivery.
h. No cannabis delivery vehicle shall display signs, decals or an y other form of advertisement.
i. Inspections by an authorized City representative may be conducted anytime during regular business hours.
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15 11. Delivery must be made to a physical address that is not on publicly owned land, a school, a day care, or a youth center.

13. Delivery must be made in person by a direct employee of the licensed retailer. An independent contractor, third-party courier service, or an individual employed through a staffing agency would not be considered directly employed by the licensed retailer.

9-496. Cannabis employees.

(a) Any person who is an employee or who otherwise works within a cannabis business must be legally authorized to do so under applicable state law. (b) No cannabis business or owner thereof may employ any person who has been convicted of a felony within the past seven (7) years, unless that felony has been dismissed, withdrawn, expunged or set aside pursuant to Penal Code section 1203.4, 1000 or 1385, or who is currently on probation or parole for the sale, distribution, possession or manufacture of a controlled substance. Exempted from this p rohibition is a conviction for a felony involving cannabis and/or marijuana for which the underlying cannabis or marijuana offense has subsequently been designated a misdemeanor or infraction or decriminalized pursuant to the provisions of the Control, Reg ulate and Tax Adult Use of Marijuana Act or federal law.
(c) All employees must wear an identification badge while on the premises of the business, in a format authorized by the city manager.

9-497. Promulgation of administrative regulations.
(a) The city manager is also authorized to establish any additional administrative rules, regulations, policies, procedures and/or standards governing the issuance, denial or renewal of cannabis business permits, or concerning any other subject necessary to carry out the purposes of this chapter.
(b) Regulations promulgated by the city manager shall become effective upon the date of publication. Cannabis businesses shall b e required to comply with all state and local laws and regulations, including, but not limited to, any rules, regulations policies, procedures and/or standards adopted by the city manager. (c) Such administrative rules, regulations and/or standards ma y include establishing standards and timing for application processing, including but not limited to providing priority for existing licensees in good standing.

9-498. Inspection and enforcement.
(a) The city manager is charged with enforcing the provisions of the Costa Mesa Municipal Code, or any provision thereof, and may enter the location of a cannabis business at any time during the hours of operation without noti ce, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this title or under applicable provisions of state law. (b) It is unlawful for any person having responsibility for the op eration of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the city to conduct an inspection, review or copy records, recordings or other documents required 566

16 to be maintained by a cannabis business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis business under this chapter or under state or local law.

9-499. Violations.

(a) Violations declared a public nuisance. Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance. (b) Each violation a separate offense. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Costa Mesa Municipal Code. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the city of any monies unlawfully obtained, costs of abatement, costs of invest igation, attorney fees, and any other relief or remedy available at law or in equity. The city may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the cannabis business or per sons related to, or associated with, the cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city manager, or the chief of police, may take immediate action to temporarily suspend a ca nnabis business permit issued by the city, pending a hearing before the city council. (c) Criminal penalties. Each and every violation of the provisions of this chapter may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the County Jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. (d) Remedies cumulative and not exclusive. The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

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ATTACHMENT 7
S
ummary of Other Text Modifications for Clarity
The following changes to Title 13 (Planning, Zoning, and Development, and Title 9 (Licenses and Business Regulations) clarify existing and proposed law and intent.

Code Section Brief Description Tracked
Changes
13-200.93(d)(4) Cannabis
retail storefront and non-
storefront uses
Clarifies that the use must comply with all conditional use permit conditions of approval.

Attachment
5, page 2
13-200.93(7) Includes provisions for terminating CUPs at locations where the cannabis storefront use is discontinued and/or replaced.

Attachment
5, page 4
9-485 Definitions Add a definition of “financial interest holder” by reference to the state DCC regulations and update the definition of “cannabis activity” to include “arranging and/or directing any of the foregoing.” Attachment
6, page 3
9-487.3 Disclosure of
financial interest holders
required
Clarifies that all financial interest holders must be disclosed in applications and renewals.

Attachment
6, page 5
9-488(a) and (b) Clarifies existing requirements that a cannabis business permit holder’s use and application must be compliant with the CMMC and Administrative Regulations and pay timely fees for a renewal.

Attachment
6, page 5
9-490(a) Revocation. Clarifies that a CBP may be revoked and/or suspended and “deemed abandoned or forfeited pursuant to the procedures of section 9-495.”
Attachment
6, page 6
9-490(d) Ineligibility. Add “business,” “or any financial interest holders of that entity,” the present tense “engages in” and “during the application process.” Attachment
6, page 6
9-493. City business
license required
Specifies that a cannabis business and financial interest holders must hold valid businesses licenses.

Attachment
6, page 7
4-494 Conditional use
permit required.

Add approval of a CUP shall not waive any other state or local requirements.

Attachment
6, page 7
4-495(a)(1) and (5)
Records and
r
ecordkeeping
Change no less than annual basis to “quarterly basis” without changing that tax information shall be provided at any time upon reasonable request.

Specifies that the cannabis business must inform the City of all financial interest holders and that all of them must hold a business license.

Attachment
6, pages 7
and 8
4-495(g)(2)
Miscellaneous operating
r
equirements
Add “except as otherwise expressly allowed by this chapter.” Attachment 6, page 10
-1-
568
Code Section Brief Description Tracked
Changes
4-495(h)(2), (4), and (16)
Additional operating
requirements for retail
(storefront) businesses
Add “unless further restricted by conditions of approval.” Remove “entrance to the premises” in that the security guard would ensure persons do not loiter within fifty feet of the premises to be consistent with 4-945(g)(11).

Clarify that “operate” shall include, but not be limited to, remitting monthly taxes to the city. Provides more detail regarding when a cannabis retail business would be considered abandoned, therefore forfeiting the cannabis business permit.

Attachment
6, pages 12
and 13
-2-
569

Page 1 of 3 ends

Costa Mesa City CouncilMarch 19, 2024

Costa Mesa City Council
March 19, 2024