Costa Mesa City Council
October 1, 2024

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, October 1, 2024
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.

Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.

Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

Closed Captioning is available via the Zoom option in English and Spanish.

1 REGULAR CITY COUNCIL AND HOUSING
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Agenda October 1, 2024
As a courtesy, the public may participate via the Zoom option.

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Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 818 7957 9049/ Password: 608584
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Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 818 7957 9049/ Password: 608584 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Note, if you have installed a zoom update, please restart your computer before participating in the meeting.

Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].

Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

2 REGULAR CITY COUNCIL AND HOUSING
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Agenda October 1, 2024
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.

Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.

Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.

As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.

A minimum number of hard copies of the agenda will be available in the Council Chambers.

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx
La agenda y los informes se pueden ver en español en el sitio web de la Ciudad en https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas

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Agenda October 1, 2024
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR

35.102.35.104 ADA Title II].

4 REGULAR CITY COUNCIL AND HOUSING
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Agenda October 1, 2024
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER

ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6,(a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Division Managers Association

2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6,(a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Confidential Management Unit

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Landon Hurtado Munson v. City of Costa Mesa Orange County Superior Court Case No. 30-2023-01349587-CU-PO-WJC

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Agenda October 1, 2024

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY OCTOBER 1, 2024 – 6:00 P.M.

JOHN STEPHENS
Mayor

JEFFREY HARLAN ANDREA MARR
Mayor Pro Tem - District 6 Council Member - District 3

MANUEL CHAVEZ LOREN GAMEROS
Council Member - District 4 Council Member - District 2

ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE

MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

Recognition of the Slammers FC 30th Anniversary
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Consent Calendar items may also be heard at this time.

Comments are limited to 3 minutes, or as otherwise directed.

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Agenda October 1, 2024

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Chavez

2. Council Member Gameros

3. Council Member Harper

4. Council Member Marr

5. Council Member Reynolds

6. Mayor Pro Tem Harlan

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
24-326
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

2. READING FOLDER 24-329
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Jeanie Charlotte O’Keefe, Juan Gonzales, and Miguel Villana Allende.

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Agenda October 1, 2024

3. MINUTES 24-332
RECOMMENDATION:

City Council approve the minutes of the regular meeting of September 17, 2024. 09-17-2024 Draft MinutesAttachments:

4. ADOPTION OF WARRANT RESOLUTION 24-343
RECOMMENDATION:

City Council approve Warrant Resolution No. 2724.

1. Summary Check Register 09-06-24

2. Summary Check Register 09-12-24

3. Summary Check Register 09-19-24
Attachments:

5. ACCEPTANCE AND ALLOCATION OF THE 2024-25 OFFICE OF

TRAFFIC SAFETY GRANT FOR THE SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM
24-353
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed Resolution No. 2024-XX, which ratifies the application for a grant award from the State of California - Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) and authorize the City Manager or designee to execute the grant documents, including the Grant Agreement, and accept and administer the grant.

2. Approve revenue and expense appropriations in the amount of $305,000 respectively, for the 2024-25 OTS STEP Grant.

1. Draft Grant Agreement - PT25158

2. Costa Mesa OTS Step Resolution No. 24-XX
Attachments:

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Agenda October 1, 2024

6. SUBRECIPIENT AGREEMENT FOR THE 2023 URBAN AREA

SECURITY INITIATIVE GRANT
24-354
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the City Manager, or designee, to execute the Sub- Recipient Agreement with the City of Santa Ana for the FY 2023 Urban Areas Security Initiative (UASI) Grant Program.

2. Adopt Resolution No. 2024- XX which authorizes the application for, and acceptance of, funds under the Homeland Security Grant Program (HSGP) and the Urban Area Security Initiative (UASI) for the Fiscal Years 2023, 2024, and 2025 and authorizes the City Manager, Finance Director, Emergency Services Manager, or designee, to take all action necessary to obtain the funding within the permitted guidelines of the HSGP.

1. UASI Agreement

2. Resolution No. 2024-XX - Sub Recipient Agreement for 2024 UASI Grant
Attachments:

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

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Agenda October 1, 2024

1. INTRODUCTION AND FIRST READING OF AN ORDINANCE
AMENDING TITLE 3 (ANIMAL REGULATIONS) OF THE COSTA MESA

MUNICIPAL CODE BY AMENDING CHAPTER I (IN GENERAL) AND

CHAPTER VI (SPECIAL ANIMAL PERMIT) TO PROVIDE FOR

BEEKEEPING AND TO CLARIFY APPEAL PROCEDURES FOR

SPECIAL ANIMAL PERMITS, AND FINDING OF CATEGORICAL

EXEMPTION FROM CEQA
24-352
RECOMMENDATION:

Staff recommends the City Council introduce for first reading Ordinance No. 2024-XX amending Title 3 (Animal Regulations) of the Costa Mesa Municipal Code by amending Chapter I (In General) and Chapter VI (Special Animal Permit) to allow for the lawful keeping of bees and/or hives within the city and to clarify appeal procedures for special animal permits, and find the Ordinance Categorically Exempt from CEQA.

1. CMMC BEEKEEPING ORDINANCEAttachments:

OLD BUSINESS: None.

NEW BUSINESS:

1. AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH

SPIN AND FAMILIES FORWARD TO EXPAND EVICTION

PREVENTION SERVICES FOR COSTA MESA RESIDENTS
24-355
RECOMMENDATION:

Staff recommends the City Council:

1. Approve Amendment No. One to the Professional Services Agreement with Families Forward, amending the Scope to allow eviction prevention services for Costa Mesa residents.

2. Approve Amendment No. One to the Professional Services Agreement with Serving People In Need (SPIN), amending the Scope to allow eviction prevention services for Costa Mesa residents.

3. Authorize the City Manager and City Clerk to execute all agreements and any amendments to the agreements.

1. Amendment No. 1 to PSA with SPIN

2. Amendment No. 1 to PSA with Families Forward, Inc.

Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

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Agenda October 1, 2024

ADJOURNMENT

11 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-326 Meeting Date: 10/1/2024
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

12 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-329 Meeting Date: 10/1/2024
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Jeanie Charlotte O’Keefe, Juan Gonzales, and Miguel Villana Allende.

13 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-332 Meeting Date: 10/1/2024
TITLE:

MINUTES
DEPARTMENT: City Manger’s Office/City Clerk’s Division
RECOMMENDATION:

City Council approve the minutes of the regular meeting of September 17, 2024.

14 Minutes – Regular Meeting September 17, 2024 Page 1 of 8

REGULAR CITY COUNCIL AND HOUSING AUTHORITY
TUESDAY, SEPTEMBER 17, 2024 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Pro Tem Harlan at 5:00 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Marr Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens (participating remotely).

Absent: Council Member Harper.

Mayor Stephens stated he was participating remotely pursuant to AB 2449 due to an illness and disclosed there were no other adults present.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEM:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
Fairview Developmental Center; APN: 420-012-16
Property: 2501 Harbor Blvd., Costa Mesa, CA 92626
Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: State of California
Under Negotiation: Price and Terms of Payment
City Council recessed at 5:05 p.m. for Closed Session.

Closed Session adjourned at 5:55 p.m.

CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Pro Tem Harlan at 6:07 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – The National Anthem was played by Mariachi Juvenil Herencia Michoacana, and the Mayor Pro Tem led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION – Led by Calvary Chapel Dave Manne, Pastor Emeritus.
15 Minutes – Regular Meeting September 17, 2024 Page 2 of 8 Mayor Stephens stated he was participating remotely pursuant to AB 2449 due to an illness and disclosed that two adults, his wife and his son, were present at the location.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens (participating remotely).

Absent: Council Member Harper.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS:

The City Council recognized the Arts of Jiu Jit Su Athletes.

The City Council recognized September as Hispanic Heritage Month 2024, and recognized the Prada family, Resilience OC, and Promotoras De Salud OC.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Vicki Johnson, spoke in opposition of Costa Mesa joining the Orange County Power Authority.

Wendy Leece, Costa Mesa, spoke in opposition of Costa Mesa joining the Orange County Power Authority, spoke on Consent Calendar item #6 and in opposition of the work completed on 19th St.

Carmen Ramirez, spoke on people dumping trash and furniture in the neighborhood, and requested enforcement notices to be sent to the property owners.

Speaker, spoke on permit parking not being enforced on nights and weekends, spoke on the rental assistance program and that housing is a State issue, spoke against a crosswalk at Center St. and Placentia Ave., spoke on Measure K and the Bear Street development project, and spoke on the performance of the City Council.

Minerva Flores, spoke on receiving an eviction notice and only given two months to move.

Bertha Orozco, requested a traffic signal at Baker St. and College St., and requested parking enforcement tree maintenance and street sweeping.

David Martinez, spoke on consent calendar item #6 and spoke in support of the safety improvements on the roads.

Alicia Esquivel, spoke on an event on Shalimar Street and that people received parking tickets, requested flexibility during community events due to a lack of parking, and spoke on speeding issues on Wilson St. at 7:00 a.m.

Andrew Barnes spoke in support of traffic safety and in support of changes for bike and pedestrian safety.
16 Minutes – Regular Meeting September 17, 2024 Page 3 of 8

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds spoke on an event on September 21 st regarding opportunities to lower energy bills, a Costa Mesa Historical Society community bike ride on September 28th, spoke in support of volunteering on PTA’s and fundraising drives, shared data on the W. 19th Street project regarding safety, spoke on celebrating Hispanic Heritage Month, and spoke on building relationships.

Council Member Chavez wished everybody a Happy Hispanic Heritage Month, spoke on building relationships, spoke on National Voter Registration Day, a Save Our Youth (SOY) open house on September 18 th, spoke on reporting graffiti on the 311 App, spoke on enforcement of parking permits, spoke on the need for a crosswalk on Placentia and Center Street, and that he is working with staff on the Plumer Street alleyway improvements.

Council Member Gameros spoke on remembering 9/11 and dedicating the meeting in memory of those that gave their lives on 9/11, spoke on the ARTventure event, congratulated Sergeant Miles on his retirement, congratulated the traffic safety bureau on the bike rodeo, recognized the Fire and Rescue teams on their deployment to other areas, and spoke on the Scarecrow Festival on October 12th.

Council Member Marr spoke on Hispanic Heritage Month, indicated she would like agendized for discussion the Commercial Parking Standards, inquired on the beekeeping ordinance, and praised Steve Ely, Director of Information Technology, for participating in the Veterans Surf Camp.

Mayor Pro Tem Harlan spoke on the Fire Station 4 groundbreaking, spoke on the ARTventure event and on supporting local artists.

Mayor Stephens spoke on the Fire Station 4 groundbreaking, recognized the Fire and Rescue teams on their deployment to other areas, spoke on attending the Families Forward Gala, spoke on being on a panel at the Genesis Bank Catalyst Expo, and spoke on the Rising Above Disabilities (RAD) Camp Gala on September 29th.

REPORT – CITY MANAGER
The City Manager recognized the Fire and Rescue teams on their deployment to other areas, spoke on remembering 9/11, spoke on National Preparedness Month and a Fire Station open house on October 5 th, spoke on the Artventure event, spoke on Hispanic Heritage Month, spoke on being a keynote speaker at a Prayer Breakfast at Vanguard University, spoke on a small business clinic on September 26 th, spoke on enforcement of residential parking permits and provided data, and recognized Hispanic staff members Cecilia Gallardo-Daly, Alma Reyes, Sergio Escobar, Ivis Torres, Francine Jimenez, and Carol Molina, REPORT – CITY ATTORNEY – NONE.

CONSENT CALENDAR
MOVED/SECOND: Council Member Chavez/Council Member Reynolds 17 Minutes – Regular Meeting September 17, 2024 Page 4 of 8 MOTION: Approve the Consent Calendar except for item number 5.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper.

Abstain: Council Member Gameros recused himself on item #3 the Warrant Resolution due to his wife being employed by Priceless Pet Rescue.

Motion carried: 6-0-1

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
ACTION:

City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Jennifer Nieto, Irvine Company-Enclave.

3. ADOPTION OF WARRANT RESOLUTION
Council Member Gameros recused himself due to his wife being employed by Priceless Pet Rescue.

ACTION:

City Council approved Warrant Resolution No. 2723.

4. MINUTES
ACTION:

City Council approved the minutes of the Special meeting of April 19, 2024, the Study Session meeting of June 11, 2024, and the Regular meeting of September 3, 2024.

6. ACCEPTANCE OF THE PLACENTIA AVENUE, WEST 19TH STREET, AND EAST 17TH STREET PAVEMENT REHABILITATION, BICYCLE FACILITY, AND STRIPING IMPROVEMENTS PROJECT, CITY PROJECT NO. 22-08
ACTION:

The City Council:

1. Accepted the work performed by All American Asphalt, Inc., 400 East Sixth Street, Corona, California 92879 for the Placentia Avenue, West 19th Street, and East 17th Street Pavement Rehabilitation, Bicycle Facility, and Striping Improvements Project, City Project No. 22-08., and authorized the City Clerk to file the Notice of Completion.

2. Authorized the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; authorized release of the Labor and 18 Minutes – Regular Meeting September 17, 2024 Page 5 of 8 Material Bond seven (7) months after the filing date; and release of the Faithful Performance Bond one (1) year after the filing date.

7. RESPONSES TO ORANGE COUNTY GRAND JURY REPORT - E-BIKES FRIEND OR FOE
ACTION:

The City Council approved the draft responses to Findings 1-3 and Recommendations 1-3 in the Orange County Grand Jury (OCGJ) Report titled “E-Bikes Friend or Foe.”

ITEM PULLED FROM THE CONSENT CALENDAR

5. MOBILE VIDEO SYSTEM (MVS) REPLACEMENT AND PURCHASE WITH AXON ENTERPRISE, INC.

Public Comment:

Ralph Taboada, Costa Mesa, stated the item should have been placed under New Business for discussion.

MOVED/SECOND: Council Member Chavez/Council Member Reynolds The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper.

Abstain: None.

Motion carried: 6-0-1
ACTION:

The City Council:

1. Authorized the purchase of a mobile video system (MVS) from Axon Enterprise, Inc. (Axon) through the Omnia Partners Cooperative Agreement Contract # 3544-21-4615 in the amount of $6,949,522 as part of a 10-year agreement to replace the Police Department’s current MVS.

2. Authorized a 1.5% contingency in the amount of $104,243 for unforeseen costs relating to the replacement of the police department’s current MVS.

3. Authorized the City Manager and City Attorney to execute an agreement with Axon Enterprise, in a form approved by the City Attorney.
-----------------------------------------END OF CONSENT CALENDAR---------------------------------------- PUBLIC HEARINGS: NONE.
19 Minutes – Regular Meeting September 17, 2024 Page 6 of 8 OLD BUSINESS:

1. CITY COUNCIL SECOND READING AND ADOPTION OF ORDINANCE TO

INCREASE CITY COUNCIL COMPENSATION
Presentation by Ms. Farrell Harrison, City Manager
Public Comments:

Wendy Leece, Costa Mesa, spoke in opposition to an increase in the Council Compensation.

MOVED/SECOND: Council Member Gameros/Council Member Marr The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, and Mayor Stephens.

Nays: Mayor Pro Tem Harlan.

Absent: Council Member Harper.

Abstain: None.

Motion carried: 5-1-1
ACTION:

The City Council give second reading to and adopted, Ordinance No. 2024-11 increasing the City Council compensation effective after the general election, with the new City Council in December 2024.

NEW BUSINESS:

1. APPROVAL OF SIDE LETTER WITH THE COSTA MESA CITY EMPLOYEES

ASSOCIATION REGARDING THE TELECOMMUNICATIONS BUREAU AND

UPDATES TO THE POLICE DEPARTMENT HIRING AND REFERRAL INCENTIVE

PROGRAM
Presentation by Ms. Lee, Human Resources Manager.

Public Comment: None.

MOVED/SECOND: Council Member Gameros/Council Member Marr MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper.

Abstain: None.

Motion carried: 6-0-1
20 Minutes – Regular Meeting September 17, 2024 Page 7 of 8 ACTION:

The City Council:

1. Approved and Adopted the Side Letter with the City Employees Association.

2. Approved and Adopted Resolution Number 2024-41 renaming Communications classifications and updating pay rates.

3. Approve and Adopted Resolution Number 2024-42 establishing the Reserve Senior Public Safety Dispatcher.

4. Approved the certified Fiscal Impact Analysis.

5. Authorized the City Manager and members of the City’s Negotiation Team to execute the Side Letter documents.

6. Approved an appropriation increase of $355,866 in the FY 2024/2025 for one-time incentives for the retention and retroactive overtime costs and the new Hiring and Referral Incentive Program.

7. Approved an appropriation increase of $363,913 in the FY 2024/2025 for recurring costs due to compensation adjustments for the Police Department dispatch staff.

2. AMENDMENTS TO PROFESSIONAL SERVICE AGREEMENTS WITH MERCY HOUSE & BRACKEN’S KITCHEN FOR SERVICES AT THE COSTA MESA BRIDGE

SHELTER
Presentation by Mr. Robbins, Neighborhood Improvement Manager.

Public Comment: None.

MOVED/SECOND: Council Member Chavez/Council Member Reynolds MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper.

Abstain: None.

Motion carried: 6-0-1
ACTION:

The City Council:

1. Approved Amendment No. 2 to the Professional Services Agreement with Mercy House, increasing the compensation by $197,894 for a new annual not-to-exceed amount of $2,383,180.

2. Approved Amendment No. 4 to the Professional Services Agreement with Bracken’s Kitchen, increasing the compensation by $91,250 for a new annual not-to-exceed 21 Minutes – Regular Meeting September 17, 2024 Page 8 of 8 amount of $492,750.

3. Authorized the City Manager and City Clerk to execute all agreements and any amendments to the agreements.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.

ADJOURNMENT – Mayor Pro Tem Harlan adjourned the meeting at 8:35 p.m. in remembrance of the first responders that lost their lives on 9/11.

Minutes adopted on this 1st day of October, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
22 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-343 Meeting Date: 10/1/2024
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR AT (714) 754-5243 RECOMMENDATION:

City Council approve Warrant Resolution No. 2724.

BACKGROUND:

In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

FISCAL REVIEW:

Funding Payroll Register No. 24-19 On Cycle for $3,627,701.28, and City operating expenses for $4,709,303.82.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-353 Meeting Date: 10/1/2024
TITLE:

ACCEPTANCE AND ALLOCATION OF THE 2024-25 OFFICE OF TRAFFIC SAFETY GRANT FOR

THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: JARED BARNES, SERGEANT
CONTACT INFORMATION: JARED BARNES (714) 754-5125
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed Resolution No. 2024-XX, which ratifies the application for a grant award from the State of California - Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) and authorize the City Manager or designee to execute the grant documents, including the Grant Agreement, and accept and administer the grant.

2. Approve revenue and expense appropriations in the amount of $305,000 respectively, for the 2024- 25 OTS STEP Grant.

BACKGROUND:

The National Highway Transportation Safety Administration distributes federal funding to California through the Office of Traffic Safety. The mission of the Office of Traffic Safety is to effectively administer traffic safety grants that deliver innovative programs and eliminate traffic fatalities and injuries on California roadways. Grants are used to mitigate traffic safety program deficiencies, expand ongoing programs, and/or develop new programs. Grant funding cannot replace existing program expenditures, nor can traffic safety funds be used for program maintenance, research, rehabilitation, and/or construction.

The Police Department has been awarded similar OTS grants in the past, which have significantly assisted the objectives of the Traffic Safety Bureau and improved traffic safety for residents and visitors in Costa Mesa. Traffic safety for vehicular traffic, bicycles, and pedestrians is a vital concern as the City promotes a healthy, active lifestyle and sustainable transportation options. To enhance safety, the Traffic Safety Bureau realizes public awareness campaigns and community events aim to educate residents about the importance of mutual respect among all road users. By fostering a culture of safety, Costa Mesa strives to make its streets safer and more enjoyable for all residents and visitors.

Since 2005, the Office of Traffic Safety has awarded the Costa Mesa Police Department nineteen (19) traffic safety related grants. The funds associated with these grants were used to purchase specialized equipment and to fund the cost of personnel working targeted traffic operations. The OTS Grant will allow for the strategic use of funds to create safer road environments and reduce the incidence of accidents and injuries. This will be accomplished by meeting the Grant project objectives which include

81 File #: 24-353 Meeting Date: 10/1/2024
accidents and injuries. This will be accomplished by meeting the Grant project objectives which include highly visible targeted enforcement operations and public awareness focused on red light violations, excessive speed, bicycle and pedestrian safety, as well as educational DUI checkpoints and additional safety enforcement aimed towards distracted drivers.

ANALYSIS:

The Office of Traffic Safety assembles collision data rankings based on city population numbers. The most recent year of compiled statistics used by OTS was 2021. Costa Mesa was then ranked with 60 other cities with a population of 100,001-250,000. During 2021, Costa Mesa ranked 25th for total number of injury crashes. This was average among other cities of similar size. The OTS STEP grant provides funding for enforcement of violations that are the leading causes of collisions with the goal of improving the safety of all roadway users.

Along with reducing collisions, impaired driving enforcement has always been a top priority for the Police Department. From 1986-2014, the Department staffed a full-time impaired driving enforcement team consisting of two (2) full-time officers. However, based upon Police Department contraction in previous years, the full-time DUI Team was discontinued in 2014. The DUI Team was re-established in January 2021 and the department made 1093 DUI arrests that year and 941 DUI arrests in 2022, compared to 461 DUI arrests in 2019 and 308 DUI arrests in 2020. Unfortunately, due to department contraction, the DUI team was suspended again in October 2023 and the number of DUI arrests last year was 846.

Since the 2014 addition of driving under the influence of drugs (DUID) laws, CMPD actively worked to address this danger by using grant funds to train officers so they can actively enforce these new laws.

CMPD made 150 DUID arrests in 2022 and 156 arrests in 2023.

The OTS STEP Grant also funds DUI checkpoints. These checkpoints are educational, highly visible, and provide a deterrent against impaired driving. The Department’scommitment to DUI enforcement is evident in the OTS data rankings. Costa Mesa had the highest OTS ranking among 60 other cities for DUI arrests in 2021. The previous OTS STEP Grant was used to supplement the DUI Team by funding officers looking for suspected DUI drivers. Without this grant, the Department’sability to address DUI drivers is limited.

The Police Department submitted applications and received tentative approval for the 2024-25 OTS STEP Grant. The grant will allow the Department to implement the Selective Traffic Enforcement Program (STEP). This program will provide a comprehensive approach to reducing violations, which commonly lead to collisions, while maintaining a focus on impaired and suspended/unlicensed drivers.

Grant funds will be used to staff sobriety/driver license checkpoints and to staff targeted enforcement operations. In addition, funds will be used to purchase operation related equipment and support additional law enforcement training related to DUI investigations and enforcement activities. This grant also emphasizes the importance raising awareness and educating the public through press releases, social media, highly visible operations and requires a minimum of four (4) educational presentations to the community focusing on topics such as bicycle and pedestrian safety, seat belts, distracted driving and child passenger safety. The grant objectives to implement public education, provide advanced officer training, and conduct high visibility enforcement operations, will support the Police Department’soverall goal of reducing injury collisions and saving lives.

The Department’scurrent grant expires on September 30, 2024. The 2024-2025 grant will enable the Police Department to build upon successes achieved to date, while providing new objectives for

82 File #: 24-353 Meeting Date: 10/1/2024
Police Department to build upon successes achieved to date, while providing new objectives for increasing traffic safety throughout the City. The funding will allow the Department additional resources to combat impaired driving and enforce traffic laws aimed at saving lives. Objectives of the OTS grant includes DUI saturation patrols; traffic enforcement operations targeting red lights and excessive speed ; distracted driving violations; traffic enforcement at high collision intersections; and sobriety/driver license checkpoints.

Currently there are 21 objectives outlined in the OTS grant agreement. A few of those specific project objectives include:
· Conduct four (4) community educational presentations on vehicle, bicycle, and pedestrian safety. · Participate in National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, National Bicycle Safety Month, and several other national campaigns related to driving awareness.
· Conduct 23 DUI saturation patrols.
· Conduct 27 special traffic safety enforcement operations targeting red light, excessive speed, and other violations at or near intersections with a disproportionate number of traffic collisions. · Conduct four (4) special enforcement operations targeting distracted driving violations. · Conduct two (2) special traffic safety enforcement operations targeting vehicles that pose a threat to bicyclists and pedestrians.
· Conduct four (4) DUI/DL checkpoints.
· Participate in two (2) highly visible collaborative Traffic Enforcement operations. · Conduct four (4) Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. · Provide advanced officer training in DUI enforcement to 24 officers.

OTS grant funding is based on the federal fiscal year, which begins on October 1, 2024, and ends on September 30, 2025. The Grant Agreement allocates $305,000, which will be utilized over the federal fiscal year 12-month period. OTS will reimburse the City for approved grant expenditures throughout the grant period.

Although the majority of OTS STEP grant is designed to support enforcement efforts with the goal of reducing injury traffic collisions, the Traffic Safety Bureau recognizes that it is only through enforcement and education that we can fully realize this goal.

Therefore, in addition to the grant educational requirements, the Traffic Safety Bureau will continue to pursue additional educational efforts to improve roadway safety unrelated to this grant, including collaborating on a city service agreement to provide bicycle safety programming for students and the community at all Newport Mesa Unified School District schools in Costa Mesa. The Traffic Safety Bureau is committed to collaborating with the community for educational purposes related to bicycle and pedestrian safety.

The Traffic Safety Bureau will continue to work collaboratively with the City’sTransportation Services Office to identify hazards which can be mitigated through environmental design. Additionally, City departments will continue to promote traffic safety education utilizing public service announcements and

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social media.

ALTERNATIVES:

The City Council may elect not to accept the grant; however, the Department would not be able to pursue the specific goals outlined in the report.

FISCAL REVIEW:

Upon acceptance of the 2024-25 OTS STEP Grant, revenue, and expense appropriations in the amount of $305,000 respectively will be established for the grant. The grant period is from October 1, 2024 to September 30, 2025.

LEGAL REVIEW:

The City Attorney’s Office has reviewed the 2024 OTS STEP Grant Agreement, proposed resolution, and this report, and has approved them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the City Council Goal:

Strengthen the public ‘s safety and improve the quality of life.

CONCLUSION:

Staff recommends the City Council:

1. Approve the proposed Resolution No. 2024-XX, which ratifies the application for a grant award from the State of California - Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) and authorize the City Manager or designee to execute the grant documents, including the Grant Agreement, and accept and administer the grant.

2. Approve revenue and expense appropriations in the amount of $305,000 respectively, for the 2024-25 OTS STEP Grant.

84 8/6/2024 2:16:22 PM Page 1 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25158

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Costa Mesa From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Costa Mesa Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $305,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jared Barnes
Traffic Sergeant
[email protected]
(714) 754-5125
99 Fair Drive
Costa Mesa, CA 92626
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Lori Ann Farrell Harrison
City Manager
[email protected]
(714) 754-5328
77 Fair Drive
Costa Mesa, CA 92626
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Carol Molina
Finance Director
[email protected]
(714) 754-5036
77 Fair Drive
Costa Mesa, CA 92626
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
Attachment 1
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $305,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$305,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $305,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

VLGSYJVFJ4M7

77 Fair Drive
Costa Mesa
92628-1200
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25158

1. PROBLEM STATEMENT
The city of Costa Mesa is located just one mile from the Pacific Coast, in the heart of Orange County, California. The city encompasses 16 square miles. Since its incorporation in 1953, Costa Mesa has evolved from a semi-rural farming community of 15,000 to a city with robust local economy and a population of approximately 112,780. Costa Mesa offers 28 parks, two municipal golf courses, 20 public schools and three libraries. Orange Coast College, Coastline Community College and Vanguard University have their campuses in Costa Mesa. The Orange County Fair and Event Center is also within the city limits. The city is home to South Coast Plaza, one of the nation’s largest shopping centers, and the world-class Segerstrom Center for the Arts and South Coast Repertory theater. Costa Mesa is also the capitol of the action sports industry and the headquarters for companies such as Hurley International, Volcom, RVCA and Vans.

The last year of successfully obtaining ZERO fatalities was in 2012. Since 2015 (8 fatalities), we have had a slight decrease in yearly fatalities, until 2022 when we saw a large increase in fatalities with eight (8). The overall decrease can be attributed to OTS funding for additional enforcement. We had five fatalities during the calendar year of 2019, five in 2020, five in 2021, eight in 2022, and five in 2023. The majority of fatal traffic crashes involved motorcycles and pedestrians. During the course of our fatal traffic crash investigations, the Costa Mesa Police Department observed a variety contributing factors, including driving under the influence of both alcohol and/or drugs and right of way violations involving motorcyclists, bicycles, and pedestrians. According to SWITRS (2020), Costa Mesa ranked 20th worst for total fatal and injury crashes out of 61 other cities in our population group.

Costa Mesa has always had a serious DUI problem due to numerous ABC establishments located within the city boundaries, a highly traveled freeway terminating in our city, and our city roadways being used for freeway access to two large beach cities, Newport Beach, and Huntington Beach. Since 2019 when we had two DUI involved fatalities, we have seen a decline in DUI involved fatalities, with just one DUI involved fatality each of the last four years. In 2020 there were just 422 DUI arrests. There has been a significant increase in DUI arrests the last three years, attributed to OTS DUI saturation patrols and increased officer education through SFST's and ARIDE programs. There were 1093 DUI arrests in 2021, 941 DUI arrests in 2022, and 851 in 2023. Officers new to the Traffic Safety Bureau will attend SFST, ARIDE, and DRE training in the near future. According to SWITRS (2020), Costa Mesa ranked 13th worst for alcohol- involved crashes out of 61 other cities in our population group.

Nationally, there has been an increase in distracted driving involved traffic crashes, both non-injury, and injury. An OTS Statewide Intercept Opinion Survey revealed that 36.3 percent of Californians stated texting and talking on cellular telephones are the biggest safety concerns on California roadways. Although we are unable to quantify the number of traffic crashes in the City of Costa Mesa related to distracted driving, we believe it is responsible for a major portion of our unsafe speed, rear-end traffic crashes.

The problem of driving under the influence while drugged (DUID) continues to rise. Of all drivers killed in motor vehicle crashes, who were tested, 29 percent proved positive for legal and/or illegal drugs. This percentage has been increasing every year since 2006. With the 2014 addition of the DUID law subsections, CVC 23152(f), and CVC 23152(g), we are now able to accurately track the DUID problem in the City of Costa Mesa. There has been an increase of DUID arrests since 2019 when we had 93 arrests. This is due to the easy accessibility of drugs, namely marijuana and prescription drugs. Costa Mesa now has 15 marijuana dispensaries, with 45 more set to open in the near future. Because of the continued training classes offered to officers regarding DUID through OTS grant-funded training, the City of Costa Mesa continues to make a significant number of arrests for DUID or Driving under the influence of a combination of alcohol and drugs. There were 127 DUID arrests in 2020, 182 arrests in 2021, 150 arrests in 2022, and 160 arrests in 2023.

In the city of Costa Mesa, the number of motorcyclist fatalities has remained consistent over the past six years 2018(1), 2019 (2), 2020 (0), 2021 (1), 2022 (1), and 2023 (1). According to SWITRS (2020), the 87 8/6/2024 2:16:22 PM Page 4 of 19

City of Costa Mesa ranked 18th worst for total motorcycle injury crashes out of 61 other cities in our population group.

Pedestrians and bicyclists are the most vulnerable to injury and death when involved in a motor vehicle traffic crash. High visibility enforcement is a direct contribution to the decline in both bicycle and pedestrian fatal and injury traffic crashes. The Costa Mesa Police Department has investigated numerous pedestrian and bicycle fatal and injury traffic crash over the past five years. Those fatal traffic crash investigations include: two pedestrian fatalities in 2019, two pedestrian and two bicyclist fatalities in 2020, one pedestrian fatality in 2021, four pedestrian fatalities in 2022, and two pedestrian fatalities in 2023.

Street racing and sideshows continue to be a problem in Costa Mesa. Costa Mesa had one fatal traffic crash in 2019 when a car crashed during a street racing intersection takeover. There were 136 reported street racing incidents in Costa Mesa in 2020, 68 incidents in 2021, 61 incidents in 2022, and 65 incidents in 2023. The reduction in incidents can be attributed to the Costa Mesa Police Department's participation in the Orange County Strategic Enforcement Against Racing and Reckless Driving (STEARRD) taskforce, since 2021.

Police Department budgets and staffing levels have reduced the number of officers on the street enforcing traffic laws. In the past, the Costa Mesa Police Department was adversely affected by a decrease in sworn personnel. The Traffic Safety Bureau staffing was severely impacted. As of 2022, we are currently at 131 sworn officers of the fully authorized staffing level of 141 sworn officers. Of the 131 sworn officers, four are on long-term, injured-on-duty leave, with uncertain return to work dates. We currently have eight dedicated Traffic Officers, one Special Events Officer, one Traffic Investigator, and two Traffic Sergeants. The Costa Mesa Police Department Traffic Safety Bureau has had a dedicated, two-officer DUI enforcement team since January 2021. Due to staffing challenges, the two-man DUI team was disbanded in November 2023 to ensure there was adequate staffing for crash investigations. Losing our dedicated DUI team in November 2023 accounts for approximately 100 fewer DUI arrests in 2023 than the year prior.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen 12 88

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Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.

3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 12 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 10 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 2

8. Send law enforcement personnel to SFST Instructor training. 1

9. Send law enforcement personnel to DRE Instructor training. 1

10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
4 11. Conduct DUI Saturation Patrol operation(s). 23

12. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
27 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
4 14. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 15. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 16. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
4 17. Participate in highly visible collaborative DUI Enforcement operations. 4

18. Participate in highly visible collaborative Traffic Enforcement operations. 2

19. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 20. Utilize the oral fluid drug screening device at roadside to assist with identifying drug use during DUI investigations. Report on the use, accomplishments, or challenges associated with the use of the oral fluid drug screening device. 1 21. Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias. 2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) 89 8/6/2024 2:16:22 PM Page 6 of 19

 The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
 Oral Fluid Drug Screening Devices - The Grantee agrees all personnel using road-side drug testing equipment, including oral fluid drug screening devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment. At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training.

These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor's office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Office of Traffic Safety) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices. Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
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 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives. 91 8/6/2024 2:16:22 PM Page 8 of 19

 Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25158

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$205,000.00
402PT-25 20.600 State and Community Highway
Safety
$100,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $14,000.00 4 $56,000.00
DUI Saturation Patrols 164AL-25 $3,925.00 23 $90,275.00 Collaborative DUI Enforcement 164AL-25 $2,610.00 4 $10,440.00 Benefits for 164AL - OT @ 23.82% 164AL-25 $156,715.00 1 $37,330.00 Traffic Enforcement 402PT-25 $1,700.00 27 $45,900.00
Distracted Driving 402PT-25 $1,750.00 4 $7,000.00
Motorcycle Safety 402PT-25 $1,875.00 2 $3,750.00
Pedestrian and Bicycle Enforcement 402PT-25 $1,875.00 2 $3,750.00 Street Racing and Sideshow Enforcement
Operations
402PT-25 $1,875.00 2 $3,750.00
Collaborative Traffic Enforcement 402PT-25 $1,875.00 2 $3,750.00 Traffic Safety Presentation 402PT-25 $490.00 4 $1,960.00 Benefits for 402PT - OT @ 23.82% 402PT-25 $69,860.00 1 $16,641.00 Category Sub-Total $280,546.00
B. TRAVEL EXPENSES
Travel Expenses 402PT-25 $4,974.00 1 $4,974.00
$0.00
Category Sub-Total $4,974.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $6,005.00 1 $6,005.00
Oral Fluid Drug Screening Device 164AL-25 $4,950.00 1 $4,950.00 Lidar Device 402PT-25 $2,175.00 3 $6,525.00
Collaborative Meetings 402PT-25 $500.00 4 $2,000.00
Category Sub-Total $19,480.00
F. INDIRECT COSTS
$0.00
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Category Sub-Total $0.00
GRANT TOTAL $305,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25158

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL - OT @ 23.82% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Medicare 1.45%
Unemployment .16%
Workers Comp 10.47%
Other Comp 11.74%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Presentation - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Benefits for 402PT - OT @ 23.82% - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Medicare 1.45%
Unemployment .16%
Workers Comp 10.47%
Other Comp 11.74%

TRAVEL EXPENSES
Travel Expenses - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, 95 8/6/2024 2:16:22 PM Page 12 of 19

PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Oral Fluid Drug Screening Device - Device to collect oral fluid sample to detect the presence of some drug categories in DUI investigations. Costs may include oral fluid device, printer, power supply unit and cable, system carrying case, and accessories. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.

Collaborative Meetings - Costs for law enforcement agencies to discuss traffic safety trends and plan collaborative operations. Costs may include food and beverages for attendees, additional costs may be included if approved by OTS. Adequate records including an agenda must be maintained.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

96 8/6/2024 2:16:22 PM Page 13 of 19

State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25158

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

97 8/6/2024 2:16:22 PM Page 14 of 19

The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with resp ect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Sta t. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 98 8/6/2024 2:16:22 PM Page 15 of 19

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a t imely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other partici pants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against 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;

2. The grantee's policy of maintaining a drug-free workplace;

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

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

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

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

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, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 99 8/6/2024 2:16:22 PM Page 16 of 19

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 100

8/6/2024 2:16:22 PM Page 17 of 19

otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or 101

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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esolution No. 2024-xx Page 1 of 3
RESOLUTION NO. 2024-xx

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

CALIFORNIA, RATIFYING THE APPLICATION FOR A GRANT AWARD FROM THE

CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR THE SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM (STEP) AND AUTHORIZING THE CITY MANAGER OR

HER DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS , AND ACCEPT AND

ADMINISTER THE GRANT
T

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

WHEREAS, the California Office of Traffic Safety (OTS) has established the Selective Traffic Enforcement Program (STEP) grant with the objective of reducing the number of persons killed and injured in crashes involving alcohol and other primary collision factors; and
WHEREAS, OTS has allocated to the City of Costa Mesa $305,000 in grant funds for the period of October 1, 2024 through September 30, 2025; and WHEREAS, the City of Costa Mesa supports the Program goals and wishes to participate in the Program; and
WHEREAS, the City Council desires to authorize the City Manager or her designee to execute all grant documents and accept and administer the grant.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

Section 1. That the recitals contained in this Resolution are true and correct and incorporated herein.

Section 2. The C ity Council hereby ratifies the application for a STEP grant from the California Office of Traffic Safety and approves revenue and expense appropriations in the amount of $305,000 respectively, for the 2024-25 OTS STEP Grant.

Section 3. The City Council hereby authorizes the City Manager or her des ignee is to execute all grant documents, including the grant agreement, accept and administer the grant, and take all steps necessary to implement this authorization and STEP requirements and objectives.

PA
SSED AND ADOPTED this 1st day of October, 2024.

Attachment 2
104

Resolution No. 2024-xx Page 2 of 3

_____________________________
John Stephens, Mayor
105

Resolution No. 2024-xx Page 3 of 3

ATTEST: APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2024 -xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1st day of October, 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 1st day of October, 2024.

________________________
Brenda Green, City Clerk

106

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-354 Meeting Date: 10/1/2024
TITLE:

SUBRECIPIENT AGREEMENT FOR THE 2023 URBAN AREA SECURITY INITIATIVE GRANT DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: DELCIE HYNES, EMERGENCY SERVICES MANAGER
CONTACT INFORMATION: DELCIE HYNES 714-754-5189
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the City Manager, or designee, to execute the Sub-Recipient Agreement with the City of Santa Ana for the FY 2023 Urban Areas Security Initiative (UASI) Grant Program.

2. Adopt Resolution No. 2024- XX which authorizes the application for, and acceptance of, funds under the Homeland Security Grant Program (HSGP) and the Urban Area Security Initiative (UASI) for the Fiscal Years 2023, 2024, and 2025 and authorizes the City Manager, Finance Director, Emergency Services Manager, or designee, to take all action necessary to obtain the funding within the permitted guidelines of the HSGP.

BACKGROUND:

In 2005, the cities of Anaheim and Santa Ana were selected as administrators of the Urban Area Security Initiative (UASI) Grant for the Anaheim/Santa Ana Urban Area jurisdiction. Each year, Anaheim and Santa Ana alternates as the lead agency responsible for the program cycle. Santa Ana, through the Santa Ana Police Department, is the lead agency for the FY 2023 UASI Grant. The City of Costa Mesa is within the Anaheim/Santa Ana Urban Area jurisdiction. As part of this Urban Area, the City of Costa Mesa is eligible to receive equipment or services purchased with grant funds or to receive reimbursement for purchases of authorized equipment, services, joint training exercises, and expenses related to overtime for training evolutions, upon prior written approval from Santa Ana.

The UASI Grant is a reimbursement grant, meaning cities must expend their own funds for eligible expenditures and then apply for reimbursement. In an effort to ensure each city does not expend funds for equipment, services, or training costs that are not allowable under the UASI Grant, each city is required to obtain prior written approval from the Emergency Management Bureau of the Santa Ana Police Department for expenditures it plans to submit for reimbursement.

The FY23 UASI grant performance period for the Anaheim/Santa Ana Urban Area is September 1, 2023 to May 31, 2026. The City of Costa Mesa is considered a sub-recipient and must establish eligibility to receive funds by submitting an eligibility package that includes a signed FY23 UASI Sub-

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File #: 24-354 Meeting Date: 10/1/2024
Recipient Agreement.

ANALYSIS:

If the City Council authorizes the City Manager, or designee, to enter into the Sub-Recipient Agreement, the City would be eligible to receive reimbursement in the event the City incurs eligible expenses during the grant period (August 14, 2024 to March 31, 2025).

The Police Department staff, with assistance from the Finance Department, will continue to track City expenditures associated with the grant parameters. If approved, the Police Department would process reimbursement requests with UASI grant staff on behalf of the City.

ALTERNATIVES:

The City Council could reject City participation in the UASI Grant Program. This approach would cause eligible expenses to be paid from the City’sbudget with no potential for reimbursement from the UASI Grant funds. The City Council could reject the resolution authorizing City Manager or designee to apply for and accept UASI and HSGP funding for FY 2023, 2024, and 2025. This approach would require Council to approve application for, and acceptance of, these grant funds yearly.

FISCAL REVIEW:

There is no fiscal impact associated with the actions of this staff report. Expenses incurred during the UASI grant period would be eligible for reimbursement.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this report and the agreement between the City of Santa Ana and the City of Costa Mesa and has approved them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

Participating in the UASI grant reimbursement programs supports City Council Goal 3 - Strengthen the public’s safety and improve the quality of life.

CONCLUSION:

Staff recommends the City Council:

1. Staff recommends City Council authorize the City Manager, or designee, to execute the attached Sub-Recipient Agreement with the City of Santa Ana for the FY 2023 Urban Areas Security Initiative (UASI) Grant Program.

2. Staff recommends City Council adopt Resolution No. 2024- XX which authorizes the application for and acceptance of funds under the Homeland Security Grant Program (HSGP) and the Urban Area Security Initiative (UASI) for the Fiscal Years 2023, 2024, and 2025 and authorizes the City Manager, Finance Director, Emergency Services Manager, or designee, to take all action necessary to obtain the funding within the permitted guidelines of the HSGP.

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Resolution No. 24-XX Page 1 of 4
RESOLUTION NO. 24-XX

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

CALIFORNIA, AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF FUNDS UNDER THE HOMELAND SECURITY GRANT PROGRAM (“HSGP”) AND THE URBAN AREA SECURITY INITIATIVE (“UASI”) FOR THE FISCAL YEARS 2023, 2024, AND 2025 AND AUTHORIZING THE CITY MANAGER, DIRECTOR OF

FINANCE, AND EMERGENCY SERVICES MANAGER TO TAKE ALL ACTIONS

NECESSARY TO OBTAIN THE FUNDING WITHIN THE PERMITTED GUIDELINES OF THE HSGP.

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

WHEREAS, in 2005, the cities of Anaheim and Santa Ana were selected as administrators of t he Urban Area Security Initiative ("UASI") Grant for the Anaheim/Santa Ana Urban Area jurisdiction. Each year, Anaheim and Santa Ana switch-off as the lead agency responsible for the program cycle; and WHEREAS, Santa Ana, through the Santa Ana Police Department, is the lead agency for the FY 2023 UASI Grant; and
WHEREAS, the City of Costa Mesa is within the Anaheim/Santa Ana Urban Area jurisdiction. As part of this Urban Area, the City of Costa Mesa (the “City”) is eligible to receive equipment or services purchased with grant funds or to receive reimbursement for purchases of authorized equipment, services, joint training exercises, and expenses related to overtime for training evolutions, upon prior written approval from Santa Ana; and
WHEREAS, the UASI Grant is a reimbursement grant, which requires that cities must expend their own funds for eligible expenditures and then apply for reimbursement. Each city is required to obtain prior written approval from the Emergency Management Bureau of the Santa Ana Police Department for expenditures it plans to submit for reimbursement to ensure that the expenditures/costs are reimbursable; and
WHEREAS, the FY 2023 UASI grant performance period for the Anaheim/Santa Ana Urban Area is September 1, 2023 to May 31, 2026. The City of Costa Mesa ("City") is considered a sub -recipient and must establish eligibility to receive grant funds by 157
Resolution No. 24-XX Page 2 of 4
submitting an eligibility package that includes an executed FY2023 UASI Sub - Recipient Agreement; and
WHEREAS, the City desires to participate in the UASI Grant Program; and WHEREAS, the City of Santa Ana, through the Santa Ana Police Department, a political subdivision of the State of California, will transfer to the City UASI Program grant funds, in arrears, as necessary to reimburse the City for reasonable and permissible expenditures for grant purposes.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows:

Section 1. That the recitals contained in this Resolution are true and correct and incorporated herein.

Section 2. The City Council hereby approves the application for and acceptance of funds under the UASI Program and authorizes the City Manager, Director of Finance, or Emergency Services Manager to execute the attached Sub -Recipient Agreement with the City of Santa Ana for the FY 2023, 2024 and 2025 Urban Areas Security Initiative (UASI) Grant Program and further authorizes that they take all action s to implement this resolution, (within the permitted HSGP guidelines) to obtain the grant funds for Fiscal Years 2023, 2024, and 2025.

Section 2. The City Council hereby agrees:

(a) The City will provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of the agreement shall be the responsibility of the City;
(c) Grant funds shall not be used to supplant expenditures controlled by the City Council;
(d) The City Council authorizes the City to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of the project cost, if any) to ensure proper planning, management and completion of the project described in the application; and
158
Resolution No. 24-XX Page 3 of 4
(e) The City Manager is authorized to execute the agreement on behalf of the City.

PASSED AND ADOPTED this 1st day of October, 2024.

__________________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

__________________________________ __________________________________ Brenda Green Kimberly Hall Barlow
City Clerk City Attorney

159
Resolution No. 24-XX Page 4 of 4
THIS PAGE IS RESERVED FOR THE CITY CLERK’S OFFICE.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No.24-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1st day of October, 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 1st day of October, 2024.
160

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-352 Meeting Date: 10/1/2024
TITLE:

INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING TITLE 3 (ANIMAL

REGULATIONS) OF THE COSTA MESA MUNICIPAL CODE BY AMENDING CHAPTER I (IN

GENERAL) AND CHAPTER VI (SPECIAL ANIMAL PERMIT) TO PROVIDE FOR BEEKEEPING

AND TO CLARIFY APPEAL PROCEDURES FOR SPECIAL ANIMAL PERMITS, AND FINDING OF

CATEGORICAL EXEMPTION FROM CEQA
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: STEPHANIE A. SELINSKE, LIEUTENANT
CONTACT INFORMATION: STEPHANIE A. SELINSKE, LIEUTENANT 714-754-5293 RECOMMENDATION:

Staff recommends the City Council introduce for first reading Ordinance No. 2024-XX amending Title 3 (Animal Regulations) of the Costa Mesa Municipal Code by amending Chapter I (In General) and Chapter VI (Special Animal Permit) to allow for the lawful keeping of bees and/or hives within the city and to clarify appeal procedures for special animal permits, and find the Ordinance Categorically Exempt from CEQA.

BACKGROUND:

The City of Costa Mesa Municipal Code (CMMC) 3-18, currently states it is unlawful for any person to have, keep, or maintain any hive or swarm of bees within the city. Presently, several cities in Orange County allow for the lawful keeping of bees and hives, including Fullerton, Santa Ana, and Irvine. On January 26, 2022, the Animal Services Committee voted to establish a Beekeeping Ad Hoc Committee to explore beekeeping with the intent to propose changes to CMMC 3-18 to allow for the keeping of bees in the City of Costa Mesa. On March 20, 2023, the Beekeeping Ad Hoc Committee submitted their findings and draft ordinance to the Animal Services Committee and staff. Based upon the Ad Hoc Committee’s recommendation, the Animal Services Committee voted to send their findings and draft ordinance to City Council to receive and file for future review until such time either conflict over backyard beekeeping increased or popular support became evident. Recently, the Police Department and City Council have received public interest in a beekeeping ordinance.

Utilizing the information provided by the Beekeeping Ad Hoc Committee and research by staff, the Police Department is recommending amendments to CMMC 3-18 to allow lawful beekeeping in the City of Costa Mesa.

ANALYSIS:

The recommended ordinance is modeled after the City of Fullerton. The Beekeeping Ad Hoc Committee viewed Fullerton’sordinance as the appropriate balance among ease of administration,

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File #: 24-352 Meeting Date: 10/1/2024
Committee viewed Fullerton’sordinance as the appropriate balance among ease of administration, flexibility for beekeepers and avenues for enforcement to address complaints from neighbors or property owners.

This ordinance would allow for the keeping of domesticated bees with a permit issued through the Police Department’s Animal Services Unit. Permits would only be issued in R-1 single-family residential zoning districts with lots of 3,000 square feet or greater to ensure proper spacing with other residences. Applicants wishing to obtain a beekeeping permit would be required to complete an application form, a property map indicating where the hive would reside, and provide proof of notification to adjacent property owners. Staff would review the application and issue a permit if it is determined the beehive(s) and bees would be kept and maintained without menacing the safety of any person or property.

Upon issuance of the permit, residents would be required to post appropriate signage on gates accessing the property, register their hives with the Agricultural Commissioner of Orange County, complete a beekeeper training course, and abide by the Costa Mesa Residential Beekeeping Best Practices guide.

Control measures have been established in the ordinance to allow for the revocation of a permit if the bees or hive become a public nuisance. This would include a complaint from a person residing on a neighboring property with proof of a medically certified allergy to the sting of bees. Additionally, permits are only valid for two years, allowing for reoccurring reviews and inspections by staff.

During the creation of this new ordinance, updates were recommended to the appeal procedures. In order to ensure that the beekeeping permit and special animal permit appeal procedures are in congruence, staff recommends that the municipal code be amended as well.

ENVIRONMENTAL ANALYSIS:

This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) A Notice of Exemption should be filed as authorized by CEQA and the State CEQA Guidelines.

ALTERNATIVES:

The City Council could elect not to approve the beekeeping ordinance and the City would continue with not allowing beekeeping within city limits.

FISCAL REVIEW:

There is no fiscal impact related to this ordinance.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this report and the proposed Ordinance and approved them as to form.

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CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen public’s safety and improve the quality of life CONCLUSION:

Staff recommends the City Council:

Staff recommends that the City Council introduce for first reading the attached Ordinance No. 2024- XX amending Title 3 (Animal Regulations) of the Costa Mesa Municipal Code by amending Chapter I (In General) and Chapter VI (Special Animal Permit) to allow for the lawful keeping of bees and/or hives within the city and to clarify appeal procedures for special animal permits, and find the ordinance categorically exempt from CEQA review.

163
ORDINANCE NO. 24-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA AMENDING TITLE 3 ( ANIMAL

REGULATIONS) OF THE COSTA MESA MUNICIPAL CODE BY

AMENDING CHAPTER I (IN GENERAL) AND CHAPTER VI
(SPECIAL ANIMAL PERMIT) TO PROVIDE FOR BEEKEEPING

AND TO CLARIFY APPEAL PROCEDURES FOR SPECIAL

ANIMAL PERMITS, AND FINDING CATEGORICALLY EXEMPT

FROM CEQA REVIEW
WHEREAS, the keeping of domesticated bees allows for preservation of domesticated bees which are essential to agriculture, preservation of habitat, cultivation of native plants and amelioration of climate change; and W
HEREAS, the City’s Animal Services Committee has carefully considered potential rules and regulations relating to beekeeping and permit requirements with the input of the Police Department and has recommended a draft ordinance to the City Council for adoption; and
W
HEREAS, the appeal procedure for appeals relating to special animal permits was revised in 2023, but clarification of the notice and hearing requirements is needed.

NO

W, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS:

SECTION 1 . Chapter I (IN GENERAL) of Title 3 (ANIMAL REGULATIONS), SECTION 3-18 (BEEKEEPING) of the Costa Mesa Municipal Code is hereby amended by read as follows:
3 -18 Residential Beekeeping
3 -18.1 Definitions:

Bee: Any insect of the superfamily Apoidea in the order Hymenoptera characterized by sucking and chewing mouthparts for gathering nectar and pollen, including domesticated bees.

Beehive: Any structure housing a bee colony or other colony of swarming insect s, including domesticated hives.

Domesticated bee: Any stage of life of the common domesticated honeybee, but not including feral bees.

Domesticated hive: An artificial structure for the housing of domesticated bees that is manufactured for that purpose, containing up to ten (10) standard sized frames.

Attachment 1
164
Requeen: The act of replacing the queen bee in a hive with a younger queen, a common practice in beekeeping to prevent bee swarming.

Swarm: A group of bees in a transitional state leaving their original hive, clustering and then leaving again to establish a new hive in a new cavity.

3-18.2 Intent
The intent and purpose of this section is to authorize backyard beekeeping subject to certain requirements intended to avoid problems that may otherwise be associated with backyard beekeeping in populated areas.

3-18.3 Regulation and Permitting of Beekeeping
(a) It is unlawful for any person to have, keep or maintain any hive or swarm of wasps, hornets, bees, or other swarming insects within the city.

(b) Subsection (a) shall not apply to:
(1) the keeping of flying insects within an educational institution for study or observation, or within a physician’s office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large, or
(2) the keeping of domesticated bees after obtaining a permit from the Chief of Police or their designee as hereinafter provided.

3-18.4 Beekeeping permit requirements
(a) Permit Required.
(1) A Residential Beekeeping Permit is required for all domesticated hives. (2) A property resident intending to keep, maintain and have in their possession and under their control a residential beehive is eligible to apply for a Residential Beekeeping Permit with the Police Department’s Animal Services Unit.

(b) Application requirements.
(1) An application for a permit required pursuant to this chapter shall be made in writing to the police chief upon a form furnished by the city and shall be accompanied by an application fee in the amount set by the city council resolution. (2) Applicant must provide proof of notification to adjacent property owners abutting the subject property regarding the submittal of a Residential Beekeeping Permit Application. Proof of notification shall include the following information:
a) Copies of notification letter (provided by City with permit application) b) Neighbors signature acknowledging receipt of letter. c) Contact information (name, email address, and phone number); and d) Property address
(3) A validly obtained Residential Beekeeping Permit may be revoked at any time if the permit holder is found to be in violation of this Section or the Costa Mesa Residential Beekeeping Best Practices. Such revocation shall be in addition to any other remedy that may be pursued by the city pursuant to subsection (e) below. 165
(4) Beehive Signage: The permittee shall comply with the following sign requirements:
a) Location: All front yard gates/fences
b) Sign text- “Warning: Active Beehive.”
c) Sign size: 12” x 24” minimum.

(c) Property and Hive Requirements.
(1) Domesticated hives are only permitted on properties designated within an R-1 Single Family Residential Zoning District.
(2) No domesticated hives may be maintained on a single- family residential property of less than three thousand (3,000) square feet. (3) Single-family residential properties three thousand (3,000) square feet to seven thousand square feet are limited to one (1) domesticated hive. (4) Single-family residential properties over seven thousand (7,000) square feet may be authorized to have up to two (2) domesticated hives. (5) All domesticated bees shall be kept in domesticated hives consisting of moveable frames which shall be kept and maintained in sound and usable condition.

(d) Registration, training and guidelines.
(1) Domesticated hives shall be validly registered with the Agricultural Commissioner of the County of Orange, in accordance with Section 20943 of the California Food and Agriculture Code.
(2) All operators of domesticated hives shall maintain evidence of completion of a beginning beekeeper course.
(3) Domesticated hive management requirements. All domesticated hives must be maintained in conformity with the Costa Mesa Residential Beekeeping Best Practices guide.
(4) All above registration and training requirements must be completed within 60 days of permit issuance.

(e) Public nuisance.
(1) Bees or hives shall be considered a public nuisance subject to Title 20, Chapter 3 of this Code when any of the following occurs:
a) Hives are placed on property without first obtaining a Residential Beekeeping Permit.
b) Bees exhibit defensive or aggressive behavior or interfere with the normal use of adjoining properties.
c) Bees swarm due to failure to requeen or without response to contain or relocate within three (3) days.
d) Bees swarm without response to contain or relocate within twenty-four (24) hours.
e) Bees or hives do not conform to the Costa Mesa Residential Beekeeping Best Practices or the requirements of this section.
f) Hives are abandoned by resident bees or by the owner; or 166
g) A complaint is received from a person residing on a neighboring property with proof of a medically certified allergy to the sting of bees.

3-18.5 Issuance of Beekeeping permit and renewal
(a) The Chief of Police or their designee may issue a permit for beekeeping if he determines such beehive(s) and bees, may be kept or maintained without menacing the safety of any person or property; provided, however, the Chief of Police may impose such conditions in granting a permit as they may deem necessary to protect the public.

(b) A residential beekeeping permit shall expire two (2) years from the date of issuance of the permit.

(c) The recipient of a residential beekeeping permit shall submit a new application to renew the permit prior to the expiration of the previous year’s permit.

(d) Inspections: Subsequent to the approval of an initial residential beekeeping permit, City staff or their designee shall inspect the site to determine that the beehive(s) and bees comply with the permit requirements and zoning regulations.

3.18.6 Notice of action on permits
The applicant shall be notified in writing of the action of the Chief of Police or their designee in either granting or denying the permit, and if the application has been denied, the notice shall advise the applicant of their right to appeal as outlined in this ordinance.

Service of the notice may be made by personal service or by registered mail. If service is made by mail, it shall be deemed complete upon deposit in the United States Mail directed to the applicant at their latest address shown on the application.

3.18.7 Revocation of Permit
The Chief of Police or their designee may for good cause, revoke any permit or modify any terms or provisions thereof, after an informal hearing, and may, in the event it is reasonably necessary to protect against an immediate threat to the public health or safety, suspend any permit or portion thereof without a hearing for a period not to exceed 30 days. The permittee shall be given at least three days' prior written notice of any such hearing.

3.18.8 Appeals from action of Police Chief
(a) If any person is aggrieved by any action of the Chief of Police or their designee taken pursuant to this chapter, such person may appeal to the city manager by filing with the city clerk a statement addressed to the city manager setting forth the facts and circumstances regarding the action or failure to act on the part of the Chief of Police or their designee. The city clerk shall notify the applicant in writing by registered mail of the time and place set for hearing the appeal. The city manager or their designee shall hold a hearing and determine the merits of the appeal, and may sustain, overrule or modify the action of the C hief of Police or their designee. The decision of the city manager or their designee shall be final.

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(b) The right to appeal to the city manager from any action or decision of the Chief of Police under this chapter shall terminate upon the expiration of 15 days following the giving of notice to the applicant advising him of the action of the Chief of Police or their designee.

SECTION 2. Chapter VI (SPECIAL ANIMAL PERMIT) OF Title 3 (ANIMAL REGULATIONS), SECTIONS 3- 148, 3 -149 and 3- 151 of the Costa Mesa Municipal Code are hereby amended to read as follows:

3-148. Notice of Action on Permit.

The applicant shall be notified in writing of the action of the Chief of Police or their designee in either granting or denying the permit, and if the application has been denied, the notice shall advise the applicant of their right to appeal to the city manager. Service of the notice may be made by personal service or by registered mail. If service is made by mail, it shall be deemed complete upon deposit in the United States Mail directed to the applicant at his latest address shown on the application.

3-149 Revocation, suspension of permit.

The Chief of Police or their designee may, for good cause, revoke any permit or modify any terms or provisions thereof, after informal hearing, and may, in the event it is reasonably necessary to protect against an immediate threat to the public health or safety, suspend any permit or portion thereof without hearing for a period not to exceed 30 days. The permittee shall be given at least three days' prior written notice of any such hearing.

3-151 Appeals from action of Police Chief
(a) If any person is aggrieved by any action of the Chief of P olice or their designee taken pursuant to this chapter, such person may appeal to the city manager by filing with the city clerk a statement addressed to the city manager setting forth the facts and circumstances regarding the action or failure to act on the part of the police chief. The city clerk shall notify the applicant in writing by registered mail of the time and place set for hearing the appeal. The city manager or their designee shall hold a hearing and determine the merits of the appeal, and may sustain, overrule or modify the action of the Chief of Police or their designee. The decision of the city manager or their designee shall be final.

(b) The right to appeal to the city manager from any action or decision of the Chief of Police under this chapter shall terminate upon the expiration of 15 days following the giving of notice to the applicant advising him of the action of the Chief of Police or their designee.

SECTION 3. CEQA. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. 168
Code Regs. § 15061(b)(3).) The City Clerk may cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 4. SEVERABILITY. The City Council declares that should any provision, section; paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect.

SECTION 5. This ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 6. The City Clerk of the City of Costa Mesa shall certify the passage of the ordinance and shall cause the same to be posted in the manner required by law.

PASSED AND ADOPTED this ___ day of __________ 2024, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Mayor

ATTEST:

City Clerk

I, ______________, City Clerk of the City of Costa Mesa, California, do hereby certify that the foregoing ordinance was regularly introduced at a regular meeting of the City Council held on the ____ day of ___, 2024, and adopted by the City Council of the City of Costa Mesa, California, at a regular meeting thereof held on t he ____ day of ___, 2024, by the following vote of the City Council:

City Clerk

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-355 Meeting Date: 10/1/2024
TITLE:

AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH SPIN AND FAMILIES

FORWARD TO EXPAND EVICTION PREVENTION SERVICES FOR COSTA MESA RESIDENTS DEPARTMENT: CITY MANAGER’S OFFICE
PRESENTED BY: NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER CONTACT INFORMATION: NATE ROBBINS, 714-754-5274
RECOMMENDATION:

Staff recommends the City Council:

1. Approve Amendment No. One to the Professional Services Agreement with Families Forward, amending the Scope to allow eviction prevention services for Costa Mesa residents.

2. Approve Amendment No. One to the Professional Services Agreement with Serving People In Need (SPIN), amending the Scope to allow eviction prevention services for Costa Mesa residents.

3. Authorize the City Manager and City Clerk to execute all agreements and any amendments to the agreements.

BACKGROUND:

On November 7, 2023, the City Council voted to adopt Urgency Ordinance No. 2023-04, Just Cause Residential Tenant Protections, and declaring the Ordinance to be an emergency measure to take effect immediately upon adoption. The Ordinance codified the provisions of Assembly Bill 1482 (AB1482) and Senate Bill 567 (SB567), and further increased tenant protections by requiring property owners to notify the City within 72 hours of serving a tenant a no-fault just cause eviction and required property owners to pay relocation assistance.

In addition to adopting the Ordinance, the City Council appropriated $300,000 in American Rescue Plan Act (ARPA) funds to be awarded to SPIN and Families Forward for the provision of supplemental case management and financial assistance exclusively for Costa Mesa households facing no-fault evictions. Specific services available through this program include:
· Up to $500 for moving-related expenses (i.e., moving van, dumpster rental, boxes, etc.). · Financial assistance related to move-in expenses (i.e., application fees, holding fees, security

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File #: 24-355 Meeting Date: 10/1/2024
deposit, utility deposit, etc.).
· Up to three (3) months of rental assistance to ensure financial stability. · Ongoing case management and connection to benefits/resources to ensure housing stability.

The Professional Services Agreements with SPIN and Families Forward went into effect on April 2, 2024.Between March 26, 2024, and September 17, 2024, the City received eleven (11) notifications from property owners regarding no-fault evictions. Of the eleven (11) notifications:
· Two (2) were not applicable as they involved a breach of the lease; · Five (5) were voided due to non-compliance with the requirements of the Ordinance; and · Four (4) were upheld, which resulted in the eviction of ten (10) total housing units.

Of the ten (10) households facing no-fault eviction, only four (4) requested supplemental financial assistance and were subsequently referred to SPIN and Families Forward. In serving these four (4) households, SPIN and Families Forward have expended less than $7,000 of the $300,000 they were awarded, leaving an available balance of approximately $293,000.

ANALYSIS:

Costa Mesa Housing Data
According to the 2023 American Community Survey (ACS), Costa Mesa has approximately 44,000 housing units, of which 60 percent (26,400 units) are renter-occupied. For the 26,400 rental units, the median gross rent in Costa Mesa is $2,458, with the average 2- and 3-bedroom units approaching and exceeding $3,000, respectively. Rental rates in Costa Mesa are significantly higher than the national average of $1,564/month, and just slightly lower than the Orange County average of $2,678/month. Recent studies show nearly half of renters in Costa Mesa experience housing cost burdens that exceed 30-percent of their gross income, and over a quarter of renters experience severe housing cost burdens that exceed 50-percent of their gross income.

Costa Mesa Rental Assistance
Between June 21, 2022, and June 18, 2024, the City Council awarded Mercy House $2,050,000 ($1,550,000 in ARPA funds and most recently in June 2024, $500,000 in FEMA funds) to provide rental assistance to Costa Mesa residents at risk of eviction due to non-payment of rent. To date, Mercy House has assisted 121 households (278 individuals) with supplemental financial assistance to keep families in their homes. Mercy House has adequate funding to assist the 35 households currently enrolled in the Program. However, they have received requests from over 60 households, which their remaining balance of funds is unable to support. As such, Mercy House has ceased taking new referrals for rental assistance and anticipates exhausting all funding before the end of the calendar year.

Proposed Amendments
As discussed above, SPIN and Families Forward have expended less than $7,000 of the $300,000 they were awarded to provide rental assistance to households facing no-fault eviction. The proposed amendments to the agreements with SPIN and Families Forward would also allow assistance to Costa Mesa households at or below 50% AMI, and who are at imminent risk of eviction (i.e., received a 3-day notice to pay or quit) due to non-payment of rent. Salient components of the proposed

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File #: 24-355 Meeting Date: 10/1/2024
amendments to the eviction prevention program include:
· Referrals to be made by a Costa Mesa Community Outreach Worker · Maximum amount of rental arrears is $10,000 per household · Maximum term of rental assistance is six (6) months
o Participating households will be reassessed after three (3) months to determine if continued assistance is needed
Projected Accomplishments
The balance of unexpended funds between both providers is approximately $293,000. SPIN has a remaining balance of $109,500 and anticipates assisting 5-10 households. Families Forward has a remaining balance of $178,765 and anticipates assisting 10-15 households. Combined, the providers estimate assisting 15-25 households with short-term rental assistance to prevent eviction due to non- payment of rent.

ALTERNATIVES:

The City Council can choose to maintain the current program parameters to only assist Costa Mesa households who have been served a no-fault eviction.

FISCAL REVIEW:

There is no impact to the General Fund (Fund 101). American Rescue Plan Funds (ARPA) funding in the amount of $300,000 was approved by City Council on November 7, 2023, and appropriated in the Housing Authority Fund (Fund 222).

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

Staff recommends the City Council:

1. Approve Amendment No. One to the Professional Services Agreement with Families Forward, amending the Scope to allow eviction prevention services for Costa Mesa residents.

2. Approve Amendment No. One to the Professional Services Agreement with Serving People In Need (SPIN), amending the Scope to allow eviction prevention services for Costa Mesa residents.

3. Authorize the City Manager and City Clerk to execute all agreements and any amendments to the agreements.

172
1 Serving People in Need (SPIN)
Amendment One

AMENDMENT NUMBER ONE TO

PROFESSIONAL SERVICES AGREEMENT
WITH
SERVING PEOPLE IN NEED, INC. (SPIN)
Th
is Amendment Number One (“Amendment”) is dated August 1, 2024, (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”) and SERVING PEOPLE IN NEED, INC. (SPIN), a tax-exempt corporation (“Consultant”).

W
HEREAS, City and Consultant entered into an agreement on A pril 2, 2024 for Consultant to perform supplemental rental assistance services on an as needed basis ; and
WHEREAS, City desires to amend Section 1.1 of the Agreement, “Scope of Service,” to allow Consultant to provide targeted rental assistance and case management services to prevent eviction for housed families with Costa Mesa affiliation by provi ding up to six (6) months rental assistance per household; and WHEREAS, the amendment of Section 1.1 will not result in an increase in compensation under Section 2.1 of the Agreement; and
WHEREAS, City and Consultant now desire to amend the Scope of Services; and WHEREAS, City and Consultant intend and desire that this Amendment Number One be retroactive to the Effective Date.

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

1. This Amendment shall be retroactive to the Effective Date.

2. This Amendment One to the A greement amends the Scope of Services to include targeted rental assistance and case management services to prevent evictions for housed families within the City of Costa Mesa in addition to performing supplemental rental assistance services on an as - needed basis.

3. Exhibit “A” of the Agreement, dated November 3, 2023, shall be deleted in its entirety and replaced with the updated Scope of Work, dated September 4, 2024, attached hereto as Exhibit “A.”

4. All terms not defined herein shall have the same meaning and use as set forth in the Agreement, as amended.

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

Attachment 1
173
2 Serving People in Need (SPIN)
Amendment One

6. 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.

IN 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.

CONSULTANT

________________________________ Date: __________________________ Signature

________________________________
Name and Title

CITY OF COSTA MESA

__________________________________ Date: __________________________ 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:

174
3 Serving People in Need (SPIN)
Amendment One
__________________________________ Date: __________________________ Nate Robbins
Assistant City Manager

PURCHASING APPROVAL:

__________________________________ Date: __________________________ Carol Molina
Finance Director

175
4 Serving People in Need (SPIN)
Amendment One

EXHIBIT A

UPDATED SCOPE OF WORK
176
177
1 Fam
ilies Forward, Inc.

Amendment One

AMENDMENT NUMBER ONE TO

PROFESSIONAL SERVICES AGREEMENT
WITH
FAMILIES FORWARD, INC.

Th
is Amendment Number One (“Amendment”) is dated August 1, 2024, (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”) and FAMILIES FORWARD, INC. a 501(1)(3) organization (“Consultant”).

W
HEREAS, City and Consultant entered into an agreement on A pril 2, 2024 for Consultant to perform supplemental rental assistance services on an as needed basis ; and
WHEREAS, City desires to amend Section 1.1 of the Agreement, “Scope of Service,” to allow Consultant to also utilize the funds for eviction prevention services as well as providing supplemental rental assistance services; and WHEREAS, the amendment of Section 1.1 will not result in an increase in compensation under Section 2.1 of the Agreement; and
WHEREAS, City and Consultant now desire to amend the Scope of Services; and WHEREAS, City and Consultant intend and desire that this Amendment Number One be retroactive to the Effective Date.

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

1. This Amendment shall be retroactive to the Effective Date.

2. This Amendment One to the A greement amends the Scope of Services to include No-Fault Eviction and Eviction Prevention Services in addition to performing supplemental rental assistance services on an as-needed basis.

3. Exhibit “A” of the Agreement shall be deleted in its entirety and replaced with the updated Scope of Work attached hereto as Exhibit “A.”

4. All terms not defined herein shall have the same meaning and use as set forth in the Agreement, as amended.

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

6. 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.

Attachment 2
178

2 Families Forward, Inc.

Amendment One
IN 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.

CONSULTANT

________________________________ Date: __________________________ Signature

________________________________
Name and Title

CITY OF COSTA MESA

__________________________________ Date: __________________________ 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: __________________________ Nate Robbins
Assistant City Manager

PURCHASING APPROVAL:
179

3 Families Forward, Inc.

Amendment One

__________________________________ Date: __________________________ Carol Molina
Finance Director

180

4 Families Forward, Inc.

Amendment One

EXHIBIT A

COSTA MESA NO-FAULT EVICTION PREVENTION AND EVICTION PREVENTION

SCOPE OF WORK
181

Costa Mesa No-Fault Eviction Prevention and Eviction Prevention Proposed Scope of Work

I. Description of Work

Families Forward will provide 8-10 families (approximately 28-35 individuals) with housing navigation and case management services which includes individualized support for families in Costa Mesa seeking to locate housing, prevent eviction, improve financial stability, and create a sustainable future for their children.

No-Fault Eviction: Families Forward’s Housing Partner Team will locate appropriate housing opportunities, primarily in the city of Costa Mesa. The Families Forward team comprising of Case Managers and Housing Partner Specialists will partner with Costa Mesa’s outreach staff to connect families with these opportunities, facilitating communication with landlords as necessary. Families Forward’s service menu will include trauma-informed, Housing First focused case management, housing navigation, housing placement and stabilization, tenant education, connection to community resources, as needed. The program is designed to assist families with financial assistance towards obtaining new housing including security deposit, rental assistance, moving costs and more, while providing skills and tools to ensure long-term housing sustainability.

Eviction Prevention: Families Forward is proposing to provide Costa Mesa residents meeting 50% Area Median Income and are at risk of eviction with direct financial assistance, including but not limited to rental assistance and security deposits, and case management. Families Forward will aim to intervene before the families become homeless, providing the tools and resources needed to maintain their current housing, through the guidance of a trained Case Manager. These Costa Mesa families will also benefit from the expertise of Families Forward’s Career Coaches who will help them hone the skills necessary to increase their income.

These Housing Programs are designed to financially assist families for a short period of time, averaging 3 months, as they regain financial independence and take steps toward housing stability. During this time, families have access to a wide range of supportive services, including case management based in Progressive Engagement model, weekly food pantry visits, mental health counseling, career coaching, and seasonal programs that provide school supplies in August, ingredients for a Thanksgiving Meal and gifts during the winter holidays.

Families Forward would be responsible for all financial payments such as cutting checks or otherwise paying for security deposit, rent, moving costs, or storage. Families Forward will take the lead in collecting all necessary documentation such as W-9 forms from landlords to facilitate payment. Financial support shall not exceed $10,000 in rental arrears, 3 months of rental assistance, up to $500 in moving assistance, and security deposit assistance.

II. Eligibility

Costa Mesa families will be directly referred by City of Costa Mesa outreach staff. Families are either experiencing no fault evictions, in need of eviction homeless prevention, and may be seeking to relocate to new housing opportunities.

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III. Work Plan/Division of Labor

Families Forward will be responsible for the following duties before a client is housed:
• Locating, assessing, and securing housing opportunities in and near Costa Mesa; • Developing and sustaining relationships with landlords that will rent to residents affected by no-cost evictions;
• Partnering with City of Costa Mesa staff to match affected residents with appropriate housing opportunities;
• Facilitating communications between prospective tenants and landlords; • Conducting any income verification or other necessary data collection from clients to determine eligibility for program participation;
• Collecting and processing all documentation from the landlord or other vendors to facilitate payment; • Providing financial payment via check to landlord and other relevant vendors.

Families Forward will be responsible for the following duties after a client is housed:
• Providing ongoing tenant education to set up the family for success now and in the future; • Supporting the Costa Mesa Case Manager in communication with landlord if necessary; • Augmenting the case management work of Costa Mesa when needed; • Using our Care Team model, providing other supportive services such as career coaching, counseling, financial literacy education, food pantry access, tangible seasonal resources such as backpacks, Thanksgiving meals, or holiday gifts, and referrals, as needed and as capacity allows; • Providing additional, ongoing financial payment to landlord as previously agreed upon.

The City of Costa Mesa will be responsible for identifying prospective clients and will serve as the lead case manager and point of contact for all clients. Costa Mesa staff will take the lead on requesting additional support from the Families Forward team when needed.

Families Forward and the City of Costa Mesa will conduct meetings and other communication as often as needed to ensure effective shared case management, division of labor, and service delivery. Some initial meetings will be held between Costa Mesa and Families Forward staff to refine and finalize the scope of work, work plan, and division of labor.

IV. Measurement Tools

Program services and outcomes will be tracked in several ways depending on the specific data type.

Activity: Measurement Tool:

Housing Navigation Number of families successfully moved into housing, services, case notes Case Management Case notes, services, goal tracking, resource connection Financial Assistance Schedule of rent payments sheet, billing information, services, case notes Program Referrals Services/Case notes

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V. Budget

The budget below is a high-level estimation of how the available funding for this project will be allocated. Any indirect expenses are subsumed into administrative costs.

Financial assistance spent to date, 9/12/24, is $6,235.00 with a remaining $123,765.00 remaining to spend.

Financial Assistance $130,000
Housing Partner Team $25,000
Case Management $20,000
Administration -- Data $2,500
Administration -- Finance $7,500

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