Costa Mesa City Council
October 15, 2024

169
File #: 24-367 Meeting Date: 10/15/2024
services include the design of temporary operational and living quarters for fire personnel during construction.

On August 27, 2024, the City held a community outreach meeting for residents and community stakeholders to share opinions and ideas on the conceptual plans. Positive feedback was received on the proposed conceptual plans.

Staff presented the conceptual plans to the Planning Commission on October 14, 2024.

The City is currently in the design process with estimated 100 percent design development and construction document completion in Summer 2025. The bid and contract award are anticipated in Fall 2025.

ALTERNATIVES:

The City Council may choose to provide suggestions to revise the proposed conceptual design plan or recommend staff to pursue a different design plan. Staff does not recommend this alternative as this would significantly delay the project, as well as increase costs.

FISCAL REVIEW:

This item is informational in nature and has no impact on the City’s budget.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This project works toward achieving the following City Council goal:
· Strengthen the public’s safety and improve the quality of life.

CONCLUSION:

Staff recommends that the City Council receive and file the conceptual plans for the design of the Fire Station No. 2 Reconstruction (Attachment 1).

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PROJECT NUMBER:DATE:DRAWN:

CONSULTANT
CHECKED:09/10/2024W2109300AR
#NODATEBYDESCRIPTIONREVISIONS COSTA MESA FIRE & RESCUE DEPARTMENTCOSTA MESA FIRE STATION NO. 2800 BAKER STREET, COSTA MESA CA. 92626 8163 ROCHESTER AVENUE, SUITE 100RANCHO CUCAMONGA, CA 91730909-987-0909 PRANCHO CUCAMONGALICENSEDARCHITECTSTATEOFCALIFORNIARen. Date:C-34832 Bruce Ou 10/31/25 PLANNING DEPARTMENT SUBMITTAL 01L2.1LANDSCAPE PLAN

JLJKAS NOTED
SCALE: 1" = 20'-0"

NTRUE NORTH

TREESCOMMON NAMEBOTANICAL NAME

SHRUBS & GROUNDCOVERS
PLANTING LEGENDQTY.SIZE
S-6S-5
S-2S-3
T-1
S-4S-1
T-2
PLANTING NOTES :1. WORK SHALL MEET THE REQUIREMENTS OF ALL LOCAL, STATE, AND FEDERAL GOVERNINGCODES, ORDINANCES, LAWS, REGULATIONS, SAFETY ORDERS AND DIRECTIVES.2.CONTRACTOR SHALL BE RESPONSIBLE FOR MAKING HIMSELF/HERSELF FAMILIAR WITH ALLUNDERGROUND UTILITIES, PIPES AND STRUCTURES. CONTRACTOR SHALL TAKE SOLERESPONSIBILITY FOR ANY COST INCURRED DUE TO DAMAGE OF SAID UTILITIES.3.CONTRACTOR MUST CHECK ALL SITE CONDITIONS PRIOR TO COMMENCING WORK.CONTRACTOR SHALL NOT WILLFULLY PROCEED WITH CONSTRUCTION AS DESIGNED.WHEN IT IS OBVIOUS THAT UNKNOWN OBSTRUCTIONS AND/OR GRADE DIFFERENCESEXIST THAT MAY NOT HAVE BEEN KNOWN DURING DESIGN. SUCH CONDITIONS SHALL BEIMMEDIATELY BROUGHT TO THE ATTENTION OF THE CITY OF COSTA MESA. THE CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR ALL NECESSARY REVISIONS DUETO FAILURE TO GIVE SUCH NOTIFICATION.4.ALL PLANT QUANTITIES ARE IDENTIFIED BY TYPICAL SYMBOLS. REFER TO PLANT LEGENDFOR QUANTITIES. PLANT QUANTITIES ARE APPROXIMATE AND ARE PROVIDED FOR THECONVENIENCE OF THE CONTRACTOR. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITYTO CONFIRM ALL PLANT QUANTITIES PRIOR TO BIDDING. IN THE EVENT OFDISCREPANCIES IN PLANT COUNT, QUANTITIES INDICATED BY PLANT SYMBOLS SHALLPREVAIL.5.IT IS THE CONTRACTOR'S RESPONSIBILITY TO FURNISH PLANT MATERIAL FREE OF PESTSOR DISEASE.6.ALL PLANT MATERIAL DELIVERED TO THE SITE SHALL BE APPROVED BY THE CITY OF COSTA MESA PRIOR TO INSTALLATION.7.ALL PLANT MATERIAL SHALL BE SET OUT AS SHOWN ON PLAN. FINAL LOCATION OF ALLPLANT MATERIAL SHALL BE SUBJECT TO THE APPROVAL OF THE CITY OF COSTA MESA. 8.ALL SHRUB AREAS NOT PLANTED IN TURF AND LESS THAN 4:1 SLOPE SHALL BE COVEREDWITH 3" ORGANIC MULCH. SUBMIT 1 CU. FT. SAMPLE PRIOR TO APPLICATION.9.ANY TREE SHOWN ON PLAN TO BE INSTALLED LESS THAN 3' (THREE FEET) CLEARDISTANCE FROM CENTERLINE OF TRUNK TO ANY CURB, WALKWAY, OR FOUNDATION,SHALL BE INSTALLED IN A ROOT CONTROL BARRIER. INSTALL PER MANUFACTURER'SINSTRUCTIONS.10.MINIMUM 3 SOIL SAMPLES SHALL BE TAKEN BY CONTRACTOR AFTER GRADINGOPERATIONS ARE COMPLETED FOR SOIL FERTILITY AND AGRICULTURAL SUITABILITY BYAN APPROVED LABORATORY. SEE SPECIFICATIONS FOR SOIL AMENDMENTS SPECIFIEDFOR BIDDING PURPOSES ONLY. SUBMIT SOIL REPORT TO THE CITY OF COSTA MESA. SOIL AMENDMENTS SHALL BE AS PER RECOMMENDATIONS IN SOILS REPORT.11.CONTRACTOR SHALL NOTIFY THE CITY OF COSTA MESA 48 HOURS PRIOR TOCOMMENCEMENT OF WORK TO COORDINATION OPERATIONS.12.THE CITY OF COSTA MESA SHALL BE THE SOLE JUDGE AS TO WHEN THE MAINTENANCEPERIOD BEGINS. 5 GAL CARISSA M. 'GREEN CARPET'AGAVE 'BLUE FLAME'AGAVE 'BLUE GLOW'DIANELLA REVOLUTA 'LITTLE REV'MUHLENBERGIA RIGENSDEERGRASSLITTLE REV FLAX LILYBLUE GLOW AGAVEBLUE FLAME AGAVEGREEN CARPET NATAL PLUM

LAGERSTROEMIA FAURIEI 'NATCHEZ'NATCHEZ CRAPE MYRTLETREE WESTERN SYCAMOREPLANTANUS RACEMOSA3
2 25 @42" O.C.
36" BOX
36" BOX

CALLISTEMON 'LITTLE JOHN'LITTLE JOHN DWARF BOTTLEBRUSHSALVIA CLEVELANDIICLEVELAND SAGELIGUSTRUM 'TAXANUM'WAXLEAF PRIVETAGAVE 'BLUE GLOW'BLUE GLOW AGAVEEPILOBIUM CANUMCALIFORNIA FUCHSIAARTEMISIA 'MONTARA'MONTARA SAGEBRUSH 5 GAL5 GAL5 GAL5 GAL5 GAL5 GAL5 GAL5 GAL5 GAL5 GAL
LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING RESOURCE ANALYSISSanta Ana, CA 92701951 E Santa Ana Blvd.CORNERSTONE STUDIOS, INC.714. 973. 2200 Voice714. 973. 0203 Fax S-9S-8S-7
S-10S-11A
D
13 @3' O.C.43 @2' O.C.19 @2' O.C.40 @3' O.C.29 @3' O.C.20 @3' O.C.10 @4' O.C.25 @42" O.C.15 @3' O.C.4 @3' O.C. TOTAL LANDSCAPE AREA: 2,000 SF

TRANSFORMER
TRASH

ENCLOSURE
HOSE
TOWER

EXISTING

DRIVEWAY

VISIBILITY TRIANGLE

VISIBILITY TRIANGLE
FUEL
TANK
EMER
GEN
CREW

PARKING
TEMP

PARKING

PROPOSED
1-STORY

FIRE STATION

RESPONSE

DRIVEWAY

APPARATUS
RETURN

DRIVEWAY

BAKER STREET

RANDOLPH AVENUE
LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING RESOURCE ANALYSISSanta Ana, CA 92701951 E Santa Ana Blvd.CORNERSTONE STUDIOS, INC.714. 973. 2200 Voice714. 973. 0203 Fax

CONSULTANT
LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING RESOURCE ANALYSISSanta Ana, CA 92701951 E Santa Ana Blvd.CORNERSTONE STUDIOS, INC.714. 973. 2200 Voice714. 973. 0203 Fax LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING RESOURCE ANALYSISSanta Ana, CA 92701951 E Santa Ana Blvd.CORNERSTONE STUDIOS, INC.714. 973. 2200 Voice714. 973. 0203 Fax

CONSULTANT
LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING RESOURCE ANALYSISSanta Ana, CA 92701951 E Santa Ana Blvd.CORNERSTONE STUDIOS, INC.714. 973. 2200 Voice714. 973. 0203 Fax 173

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-361 Meeting Date: 10/15/2024
TITLE:

PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DUDEK FOR CLIMATE ACTION AND

ADAPTATION PLAN CONSULTING SERVICES
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: AMBER GREGG, CONTRACT PLANNER
CONTACT INFORMATION: AMBER GREGG, CONTRACT PLANNER, 714-754-5270 RECOMMENDATION:

Staff recommends the City Council:

1. Approve a Professional Services Agreement (PSA) for two years with two one-year renewals in the amount of $418,625 to Dudek (Environmental, Planning and Engineering Firm) for consulting services.

2. Authorize a ten percent (10%) contingency in the amount of $41,862 for unforeseen costs related to the project.

3. Authorize a budget adjustment of $300,000 from the Capital Improvement Fund (401) fund balance and $50,000 from the SoCal Gas Climate Adaptation and Resiliency Grant.

4. Authorize the City Manager, or designee, and City Clerk to execute the PSA and any future amendments to the agreement.

BACKGROUND:

In August 2023, the City issued a Request for Proposals from qualified consultants to provide consulting services for the development and approval of the City’s first Climate Action & Adaptation Plan (CAAP). RFP 24-01 was released on August 23, 2023, and proposals were due on September 27, 2023.

ANALYSIS:

As described in the RFP, the goal of the CAAP is to assess the impact of climate change in Costa Mesa and identify the highest priority and most feasible solutions to meeting the State’s goal of carbon neutrality by 2045. The RFP specified that the City’sCAAP would include an inventory of greenhouse gas (GHG) emissions; clear GHG emission reduction targets; goals, strategies, and actions to enable the City to achieve or exceed GHG reduction goals; a vulnerability assessment to understand climate-related impacts; climate adaptation and resilience strategies; and means of

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File #: 24-361 Meeting Date: 10/15/2024
understand climate-related impacts; climate adaptation and resilience strategies; and means of reporting and monitoring the effectiveness of the plan. The RFP specified that the consultant is to provide the following services:
· Develop a pathway to deliver an emissions neutral City by 2045 to meet the State’sgoal, and set out methodologies for prioritizing SMART (Specific, Measurable, Actionable, Realistic and Timely) goals and transformational actions;
· Effectively engage Costa Mesa residents in the CAAP development, communicate the climate challenges, identify opportunities, and outline social, environmental, and economic benefits expected from implementing the plan, including designing inclusive climate actions with a fair and equitable distribution of benefits;
· Demonstrate how Costa Mesa will adapt and improve its resilience to climate change that impacts the City now and respond to future climate change scenarios; · Establish a set of cohesive climate action and adaptation strategies, implementation measures, and metrics for measuring progress and success across the City; · Identify synergies between mitigation and adaptation strategies to leverage City resources and budgets; and
· Detail the City’sgovernance, powers, and capacity, as well as identifying the partners who need to be engaged to accelerate the delivery of the City’smitigation targets and resilience goals.

In response to the RFP, the City received three (3) CAAP proposals. Proposals were reviewed for compliance with the City’sRFP specifications and scope of work and consultants were evaluated based on their method of approach, qualifications and experience, staffing, and proposal cost. After careful review and evaluation of the proposals, staff finds Dudek is the most qualified to complete the City’s CAAP.

Dudek is an environmental, planning and engineering consulting firm with 40 plus years of experience. The firm’s team exhibits a thorough understanding of the project scope and has demonstrated technical ability and expertise with similar projects completed in Southern California; including, but not limited to, the City of Agoura Hills CAAP, the San Diego Association of Governments (SANDAG) Regional Resilience Tool and is currently working with the City of Buena Park on their CAAP.

Based on the above, staff recommends award of a PSA with Dudek for two years, with two one-year renewals, in the amount of $418,625, and authorize a ten percent (10%) contingency for unforeseen costs related to the project.

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File #: 24-361 Meeting Date: 10/15/2024
ALTERNATIVES:

The City Council may select another consultant to prepare the CAAP; however, this is not recommended based on the RFP process and evaluation results.

FISCAL REVIEW:

Funding of $300,000 is available in the Capital Improvement Fund (401) fund balance. Additionally, the City received a grant from SoCal Gas for $50,000 towards this study. The balance of $150,000 is recommended to be covered by the City Manager’scontingency, which is included in the FY 2024 -25 budget.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Advance Environmental Sustainability and Climate Resiliency CONCLUSION:

Staff recommends the City Council:

1. Approve a Professional Services Agreement (PSA) for two years with two one-year renewals in the amount of $418,625 to Dudek (Environmental, Planning and Engineering Firm), for consulting services.

2. Authorize a ten percent (10%) contingency in the amount of $41,862 for unforeseen costs related to the project.

3. Authorize a budget adjustment of $300,000 from the Capital Improvement Fund (401) fund balance and $50,000 from the SoCal Gas Climate Adaptation and Resiliency Grant.

4. Authorize the City Manager, or designee, and City Clerk to execute the PSA and any future amendments to the agreement.

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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT

WITH DUDKEK
THI
S PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 15th day of October, 2024 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and DUDEK, a California corporation (“Consultant”).

RECI
TALS
A. Ci
ty proposes to utilize the services of Consultant as an independent contractor to perform and develop a comprehensive climate action and adaptation plan (CAAP), as more fully described herein; and
B. Cons
ultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. Ci
ty and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No off
icial or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NO
W, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SER

VICES PROVIDED BY CONSULTANT

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

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

1.3. P
erformance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) M
eet with Consultant to review the quality of the work and resolve the matters of concern;
(b) R
equire Consultant to repeat the work at no additional fee until it is ATTACHMENT 1
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satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

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

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

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

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

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement. Consultant’s total compensation shall not exceed Four Hundred Eighteen Thousand Six Hundred Twenty -Five Dollars ($418,625.00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City -2-
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Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of t he authorized change order, where applicable, on all invoices.

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

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Section 3 of Exhibit “B,” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

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

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4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of Three (3) years, ending on October 14, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two [2] additional one [1] year periods upon mutual written agreement of both parties.

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

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

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

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

5.0. INSURANCE

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

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

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

(c) Workers’ compensation insurance as required by the State of California. -4-
180
Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

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

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

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

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

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

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

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

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

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

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

6.0. GENERAL PROVISIONS

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

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

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

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

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

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

IF TO CONSULTANT: IF TO CITY:

Dudek
605 Third Street
Encinitas, CA 92024
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (949) 373-8333 Tel:(714) 754-754-5609
Attn: Jennifer Reed Attn: Anna McGill

Courtesy copy to:

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

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

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

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

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

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force -7-
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and effect. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City’s defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness, or willful misconduct.

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

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

6.11 Conflicts with Independent Contractor. Contractor/consultant’s duties and services under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to -8-
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any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

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

6.15. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 7921.000, formerly 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code s ection 7924.510, formerly 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

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

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

6.17. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct -9-
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the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

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

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

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

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

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

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

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

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

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

6.27. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not -10-
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affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

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

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

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

CONSULTANT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ City Manager
Lori Ann Farrell Harrison

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

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APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Anna McGill
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Cecilia Gallardo-Daly
Assistant City Manager

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

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EXHIBIT A

REQUEST FOR PROPOSALS
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RFP24.01.C0504.

REQUEST FOR PROPOSAL

FOR

CLIMATE ACTION & ADAPTATION PLAN (CAAP)
RFP NO. 24-01

City Manager Office

CITY OF COSTA MESA

Released on
August 23, 2023

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REQUEST FOR PROPOSAL
FOR

CLIMATE ACTION & ADAPTATION PLAN (CAAP)

The City of Costa Mesa (hereinafter referred to as the “City”) is requesting Proposals from qualified consultants to provide consulting services for the development and approval of the City’s first Climate Action & Adaptation Plan (CAAP). The awarded Contractor, (hereinafter referred to as “Contractor”) shall be in accordance with the Sample Professional Service Agreement, Appendix B terms, conditions, and scope of work. Prior to submitting a Proposal, Proposers are advised to carefully read the instructions below, including the Sample Professional Service Agreement and any solicitati on appendix/exhibits. The term is e xpected to be for 2 years with 3 one-year renewal options. The City reserves the right to award one or more contracts for this service.

I. GENERAL INFORMATION
The City of Costa Mesa is a general law city, which operates under the council/manager form of government with an annual General Fund budget of over $ 180.3 million and a total budget of $ 234 million for fiscal year 2023-2024.

The City of Costa Mesa, incorporated in 1953, has an estimated population of 116,000 and has a land area of 16.8 square miles. It is located in the northern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine.

The City is a “full service city” providing a wide range of services. Thes e services include: police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and r elated structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs.

The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest commercial activity center in the City. The volume of sales generated by South Coast Plaza secures its place as the highest volume regional shopping center in the nation.

The successful Proposer, shall have experience in similar types of services. All Proposers responding to this Request for Proposal (RFP) will be evaluated on the basis of their expertise, prior experience on similar projects, demonstrated competence, ability to meet the reques ted services, adequate staffing, reference check, understanding of services, cost and responsiveness to the needs and concerns of the City of Costa Mesa.

1. Important Notice: The City has attempted to provide all information available. It is the responsibility of each Proposer to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. Proposers are not to contact other City personnel with any questions or clarifications concerning this Request for Proposal (RFP). The City’s Purchasing Department contact set out in RFP, Section II, Subsection 2, -16-
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Inquires, will provide all official communication concerning this RFP. Any City response relevant to this RFP other than through or approved by City’s Purchasing Department is unauthorized and will be considered invalid.

If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on PlanetBids. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City’s Purchasing Department. It is the responsibility of each Proposer to periodically check PlanetBids website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

2. Schedule of Events: This Request for Proposal shall be governed by the following schedule:

Release of RFP August 23, 2023
Deadline for Written Questions August 29, 2023 at 11:00 a.m.

Responses to Questions Posted September 5, 2023
Proposals are Due September 27, 2023 at 3:00 p.m.

Approval of Contract November 7, 2023
Project work period November 2023 – July 2025 **All dates are subject to change at the discretion of the City.

3. Proposer’s Minimum Requirements: Interested and qualified Proposers that can demonstrate their ability to successfully provide the required services outlined in Appendix A– Scope of Work, of this RFP are invited to submit a proposal, provided they me et the following requirements. All requirements must be met at the time of the proposal due date. If these requirements are not met, the proposal may not receive further consideration, as determined in the sole discretion of the City.
a. The consultant must provide five references for municipal projects of similar size and scope that have been completed within the last five years in California.

b. Projects considered similar in scope include other planning documents for other municipalities and agencies with a preference given to other Climate Action and Adaptation Plans.

c. Demonstrate ability to analyze existing information, understand key drive rs, opportunities, and challenges in CAAP development and propose tailored and innovative decarbonization pathways for municipalities based on their unique conditions.

II. GENERAL INSTRUCTIONS AND PROVISIONS

1. Proposal Format Guidelines: Interested entities or contractors are to provide the City of Costa Mesa with a thorough Proposal using the following guidelines: Proposal should be typed and should contain no more than 30 typed pages using a 12 -point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, graphic exhibits and pricing forms. Each Proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complet e and clear -17-
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description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following Pro posal sections are to be included in the Proposer’s response:
• Cover Letter: A cover letter, not to exceed three pages in length, should summarize key elements of the Proposal. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor’s office located nearest to Costa Mesa, California, and the office from which the project will be managed. And include proposed working relationship among the offering agency and subcontractors, if applicable.

• Background and Project Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work, Appendix A of this RFP.

• Method of Approach: Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Work of this RFP. The section should include:

1. An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

2. Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section.

3. Detailed project schedule, identi fying all tasks and deliverables to be performed, durations for each task, and overall time of completion.

4. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to c omplete the tasks specified in the Scope of Work.

5. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, safe, and cost - effective operations or increased performance capabilities.

6. Firms, individuals and entities wishing to be considered shall include in their submissions the steps they will, if selected, implement and adhere to for the recruitment, hiring and retention of former employees of the City who have been displaced due to layoff or outsourcing of functions and services formerly provided by the City.
• Qualifications & Experience of the Firm: Describe the qualifications and experience of the organization or entity performing services/projects within the past eight years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

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1. If the owner is a corporation please provide: Name of corporation, corporate office street address, city, state, and zip code, state where incorporated, date of incorporation, first and last name of officers, local office address, city, state & zip, and the date local office opened its doors for business.

2. If the owner is a partnership or joint venture, please provide: Name of partnershi p or joint venture, principal office street address, city, state, and zip code, state of organization, date of organization, first and last name of general partner(s), local office address, city, state, and zip code, and date local office opened its doors for.

3. List all businesses owned or controlled by yourself (applicant) or business manager doing similar business in California under another name. List business name and address and specify who owns or controls the business (e.g., self, business manager, etc.).

4. List all businesses for which you or your business manager is or was an officer, director, or partner doing similar business in California under another name. List business name and address, title, date(s) in position; specify who was in position (e.g., self, business manager, etc.).

5. How many years have you been in business under your present business name?

6. Provide a list of current and previous contracts similar to the requirements for Costa Mesa, including all public agencies served (if any). For each, provide a brief description of the scope of work performed, the length of time you have been providing services, and the name, title, and telephone number of the person who may be contacted regarding your organization’s service record. Provide a samp le of each background investigation for each contract.

7. Submit a description of the organization’s qualifications, experience and abilities that make it uniquely capable to provide the services specified in the Scope of Work.

8. The City of Costa Mesa is inter ested in knowing how Proposers support the communities that they serve. Please provide information on your organization’s participation in local community, charitable and civic organizations and events, including membership in the Costa Mesa Chamber of Com merce, charitable contributions made by your organization, etc.

Any public entity which submits a Proposal should describe in detail how it currently performs services like those identified in the Scope of Work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers.
• Financial Capacity: The City is concerned about proposers’ financial capability to perform, and therefore, is requesting copies of audited financials from the pass three years to allow an evaluation of firm’s financial capabilities.

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• Key Personnel: It is essential that the Proposer provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Proposer must agree to assign specific individuals to the key positions.

o Identify the members of the staff who would be assigned to act for Proposer’s firm in key management and filed positions providing the services described in the Proposal, and the functions to be performed by each.

o Include resumes or curriculum vitae of e ach such staff member, including name, position, telephone number, email address, education, and years and type of experience. Describe for each such person, the relevant transactions on which they have worked.

• Cost Proposal: Provide a fee schedule/pricing information for the project Proposals shall be valid for a minimum of 180 days following submission.

• Disclosure: Please disclose any and all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.

• Sample Professional Service Agreement: The firm selected by the City will be required to execute a Professional Service Agreement with the City. A sample of th e Agreement is enclosed as Appendix B, but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be submitted for consideration with the Proposal. Otherwise, the Pr oposer will be deemed to have accepted the form of Agreement.

• Checklist of Forms to Accompany Proposal: As a convenience to Proposers, following is a list of the forms, Appendix C included in this RFP, which should be included with Proposals:

1. Vendor Application Form

2. Company Profile & References

3. Ex Parte Communications Certificate

4. Disclosure of Government Positions

5. Disqualifications Questionnaire

6. Bidder/Applicant/Contractor Campaign Contribution

2. Process for Submitting Proposals:
• Content of Proposal: The Proposal must be submitted using the format as indicated in the Proposal format guidelines.

• Preparation of Proposal: Each Proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyo nd those sufficient to provide a complete, accurate and reliable presentation.

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• Cost for Preparing Proposal : The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City.

Cost proposal shall be submitted in a separate file containing the following:

✓ Cover letter stating the not-to-exceed total fee for the project.

✓ The cost shall depict individual project tasks, work hours, and basic hourly rates for specific personnel to be used on the project. Personnel hourly rates will reflect all costs for office overhead, including direct and indirect costs. The fee proposal shall reflect all anticipated fee increases during the contract duration. • Forms to Accompany Proposal: Appendix C forms shall be attached at the end of the Proposal with the exception of the Cost Proposal which shall be submitted in a separate file.

• Number of Proposals: Submit one (1) PDF file format copy of your proposal in sufficient detail for thorough evaluation and comparative analysis

• Submission of Proposals: Complete written Proposals must be submitted electronically in PDF file format via the planetbids.com website not later than 2:00 p.m. (P.S.T) on September 27, 2023. Proposals will not be accepted after this deadline. Proposals received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Proposer to see that the proposal is received in proper time. Faxed or e -mailed Proposals will not be accepted. NO EXCEPTIONS.

• Inquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later than August 29, 2023 at 11:00 A.M. The City reserves the right not to answer all questions.

The City reserves the right to amend or supplement this RFP prior to the Proposal due date.

All addendum(s), responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa-Official City Web Site, Business-Bids & RFP's. Proposers should check this web page daily for new information.

From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contr acting officer listed above regarding this RFP. The City reserves the right to reject any Proposal for violation of this provision. No questions other than posted on Planetbids will be accepted, and no response other than written will be binding upon the City.

• Conditions for Proposal Acceptance: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all Proposals received as a res ult of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All Proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the Proposal, it should be clearly identified.

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• Insurance & W-9 Requirements: Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation:

▪ Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten(10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract.

▪ W-9 – Current signed form W -9 (Taxpayer I dentification Umber & Certification) which includes Contractor’s legal business name(s).

3. Evaluation Criteria : The City’s evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the responsive responsible proposer shall be determined based on evaluation of qualitative factors in addition to cost. At all times during the evaluati on process, the following criteria will be used. Sub-criteria are not necessarily listed in order of importance. Additional sub- criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below.

1. Qualification of the firm --- 30%

2. Project Understanding and Approach --- 30%

3. Qualifications of Project Team and Experience of Key Personnel --- 20%

4. Value and Cost Efficiency of the plan --- 10%

5. Flexibility, Creativity and Innovation --- 7%

6. Inclusion of local CBOs/ small businesses --- 3%

4. Evaluation of Proposals and Selection Process: In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating Proposals. An Evaluation Committee, which may include members of the City's staff and possibly one or more outside experts, will screen and review all Proposals according to the weighted criteria set forth above.

While price is one basic factor for award, it is not the sole consideration.

A. Responsiveness Screening : Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any Proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City rese rves the right to request clarifications or additional information from any or all Proposers regarding their Proposals.

B. Initial Proposal Review: The Committee will initially review and score all responsive written Proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest -22-
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evaluation scores may be invited to the next stage of the evaluation process. The City may reject any Proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.

C. Interviews, Reference Checks, Revised Proposals, Discussi ons: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interv iew. Interviews, if held, are tentatively scheduled for the week of October 16th and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626. The dates are subject to change. The individual(s) from Proposer's organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the inte nt of any portions of the Proposal.

In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a Proposal, and seek and review any other information deemed pertinent to the evaluation process.

Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the Proposal or negotiate the terms and conditions of the agreement with the highest ranked organization. The City may recommend award without Best and Final Offers, so Proposers should include their best Proposal with their initial submission.

Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.

7. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest.

Any proposals awarded pursuant to the formal procurement procedure set forth in the Proposal procedure may be appealed in accordance with the following procedure:
• The Proposer shall file the written notice of appeal with the purchasing officer at least ten (10) working days prior to proposal award date specified in the notice of recommendation to award.
• The written notice of appeal must include specifics as to the nature of the appeal. -23-
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• The Proposer must provide any and all documentation to support the appeal. • The purchasing officer will respond in writing to the Proposer within five (5) working days.
• In the event the appeal is denied by the purchasing officer, the Proposer may appeal the purchasing officer’s ruling to the city council at the next available council meeting.

6. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in their Proposals. Any discrepancies in numbers or calculations shall be interpreted to reflect the cost to the City.

If prior to contract award, a Proposer discovers a mistake in their Proposal which renders the Proposal unwilling to perform under any resulting contract, the Proposer must immediately notify the facilitator and request to withdraw the Proposal. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.

7. Responsibility of Proposers: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Proposals. Pre -contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre -contractual expenses are defined as, including but not limited to, expenses incurred by Proposer in:

• Preparing Proposal in response to this RFP;
• Submitting that Proposal to the City;
• Negotiating with the City any matter related to the Proposal; and, • Any other expenses incurred by the Proposer prior to the date of the award and execution, if any, of the contract.

8. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the Proposals following the evaluation process at such time as a recommendation is made to the City Council.

If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential.

Proposer may not designate its entire Proposal as confidential nor designate its Price Proposal as confidential.

Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility fo r any challenges resulting from the non - disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees and costs that may be awarded to the party requesting the Proposer -24-
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information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the info rmation sought without any liability to the City.

9. Ex Parte Communications: Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award.

Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form, Appendix C with their Proposals certifying that they have not had or directed prohibited communications as described in this section.

10. Conflict of Interest: The Proposer warrants and represents th at it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result i n any Agreement awarded being deemed void and unenforceable.

11. Disclosure of Governmental Position : In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in th eir Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached Disclosure of Government Positions Form, Appendix C.

12. Conditions to Agreement: The selected Proposer will execute a Professional Service Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pe rtinent provisions. The contract shall follow the sample form of Agreement provided as Appendix B to this RFP, which may be modified by the City.
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All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample A greement. The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist.

Submittal of a Proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the Proposer includes with its Proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement.

13. Disqualification Questionnaire: Proposers shall com plete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation, Appendix C.

14. Standard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s) and additional information will be posted via PlanetBids. Proposers should check this web page daily for new information.

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APPENDIX A

SCOPE OF WORK

Background
The City of Costa Mesa (“City”), through its Energy and Sustainability Division in the City Manager’s Office, is seeking a qualified Consultant Team (Consultant) to provide consulting services for the development and approval of the City’s first Climate Action & Adaptation Plan (CAAP). The CAAP will serve as a comprehensive strategy for addressing climate change in Costa Mesa and will serve as the roadmap for the City to equitably achieve carbon neutrality.

The goal of the CAAP is to assess the impact of climate change in Costa Mesa and identify the highest priority and most feasible solutions to put the City on track to meet the State of California’s goal of carbon neutrality by 2045. The CAAP must provide an inventory of greenhouse gas (GHG) emissions; clear GHG emission reduction targets; goals, strategies, and actions to enable the City to achieve or exceed GHG reduction goals; vulnerability assessment to understand climate-related impacts; climate adaptation and resilience strategies; and means of reporting and monitoring the effectiveness of the plan.

Introduction
The City of Costa Mesa is committed to environmental stewardship, co mmunity well -being and economic prosperity, and has been recognized as LEED Gold City by the U.S. Green Building Council (USGBC). In 2021, the City Council added a new goal to “Advance Environmental Sustainability and Climate Resiliency”, and the development of the CAAP was identified as a priority project.

The Energy and Sustainability Division is responsible for developing and implementing citywide programs and initiatives that reduce Costa Mesa’s carbon footprint, increase resource efficiency, minimize waste generation, promote public health and enhance the natural and built environment. The sustainability team works with several City departments, community-based organizations, regional and state agencies, and the business community to build a stronger, more sustainable, and equitable City.

Details on several sustainability projects and focus areas can be found at the City’s sustainability website and 2020 Annual Sustainability Report.

Through this CAAP, Costa Mesa seeks to:
• Develop a pathway to deliver an emissions neutral City by 2045 to meet the State’s goal, and set out methodologies for prioritizing SMART (Specific, Measurable, Actionable, Realistic and Timely) goals and transformational actions,
• Effectively engage Costa Mesa residents in the CAAP development communicate the climate challenges, identify opportunities, and outline social, environmental, and economic benefits expected from implementing the plan, including designing inclusive climate actions with a fair and equitable distribution of benefits,
• Demonstrate how Costa Mesa will adapt an d improve its resilience to climate change that impacts the City now and respond to future climate change scenarios, -27-
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• Establish a set of cohesive climate action and adaptation strategies, implementation measures, and metrics for measuring progress and success across the City, • Identify synergies between mitigation and adaptation strategies to leverage City resources and budgets, and
• Detail the City’s governance, powers, and capacity, as well as identify the partners who need to be engaged to accelerate the delivery of the City’s mitigation targets and resilience goals.

The CAAP will use and build on existing City studies/plans including, but not limited to, the General Plan, Zoning Code, Municipal Code, Urban and Specific plan, Local Hazard Mitigation Plan, Active Transportation Plan and Open Space Master Plan. The CAAP development process will engage a diverse group of stakeholders including internal and external advisory groups, City departments, City Commissions and Committees, Costa Mesa residents, non -profits, businesses, higher education institutions, local and State agencies and regional partners.

Throughout the CAAP process, there should be comprehensive public engagement through meetings, website and social media. It is also a City priority to integrate equity and inclusion throughout the CAAP to ensure the mitigation and adaptation measures provide equitable benefits and do not cause any unintended consequences to vulnerable communities in Costa Mesa as identified in the City’s Housing Element. The CAAP must address climate adaptation strategies in accordance with SB 379, resilience measures, risks, and vulnerabilities. It should also identify timeline of steps, costs, and potential funding mechanisms for implementation of priority solutions. The final document should be easy to understand, reader friendly, and contain graphic summaries that can easily be translated to a variety of media for different audiences.

Plan Content and Structure
The City of Costa Mesa seeks to develop a comprehensive CAAP that envisions an equitable and sustainable future through a bold, innovative, and inclusive vision enabling the successful achievement of carbon emission reductions. It should include shorter ambitious, science-based targets for 2030 and a net zero emiss ions target by 2045, and provide a framework to track and monitor the progress of strategic measures.

The consultant will review City goals and policies, applicable State/Federal legislations, research best practices, conduct baseline assessment and GHG i nventory, and recommend progressive yet achievable climate strategies.

Stakeholder engagement and early input is of the highest priority for this effort. Understanding that many of the communities that are most vulnerable to the consequences of climate change are also less likely to participate in traditional civic outreach and input programs, the consultant will design and implement an effective outreach component to reach consensus and obtain widespread support from a broad range of stakeholders.

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The CAAP should:
• Comply with AB 32, SB 375, AB1279, the California Air Resources Board (CARB) statewide scoping plan, current executive orders, and other relevant laws and regulations, • Develop a current GHG Inventory based on latest available data to measure the City’s progress in reducing GHG emissions,
• Incorporate science -based targets, identify innovative strategies and nature -based solutions whenever applicable for mitigation and adaptation that align with State climate goals and objectives,
• Outline the current climate challenges in Costa’s communities, and the opportunities for climate and greenhouse gas reduction goals,
• Serve as a mechanism to tie together the City’s existing and upcoming sustainability initiatives, strategies and plans with the community’s goals,
• Establish a set of cohesive sustainability strategies, implementation plans and metrics for measuring progress that align with regional and state initiatives, • Build a shared commitment and buy-in to emissions reduction and adaptation measures across City departments, the public, educational institutions, and the business community, • Provide an accurate, easy to update (automated), publicly accessible, and engaging system for tracking progress implementing the CAAP,
• Activate and engage residents, businesses, and institutions with positive actions and tangible benefits,
• Review the current City sustainable and other land use goals and policies for consistency with CAAP, and provide list of goals, codes & policies that need update in the future, • Address resilience within the CAAP in accordance with SB -379, to be used in the updating of the general plan safety element,
• Prepare a CEQA qualified CAAP that may be used for future tiering and project streamlining.

Task 1: Project Management and Work Plan
Establish a detailed work plan and schedule for the project. The work plan may include, but is not limited to, a timeline to establish project milestones, resources, scheduled meetings, and assumptions. The consultant will meet with City staff to discuss pr oject goals and objectives, confirm the final project schedule, and identify existing documents, data, policies, and initiatives relevant to the CAAP. A major component of this plan is to identify key stakeholders and develop a plan on how to engage them effectively throughout the CAAP development phase.

Deliverables:

1. Meeting agenda and minutes

2. Detailed work plan that includes adjusted project timeline/ schedule, final list of existing documents/data to review, and list of key stakeholders for the CAAP.

Meetings:
• Project kick-off meeting
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Task 2 – Data Collection, Existing Polices Review and Best Practices Research The consultant will conduct extensive research and collect relevant data in a number of areas to inform subsequent phases of the work. These areas include:

1. Research best practices and similar documents from cities of similar size, scale, and physical context as Costa Mesa, including successful climate action plans, effective mitigation, adaptation and resilience measures, financing mechanisms and funding programs to support implementation, best community outreach techniques and other resources and tool s as appropriate.

2. Review existing City General Plan, codes, policies, programs, development standards, recent City Council commitments to advance environmental sustainability and climate resiliency.

3. Review of State’s guidelines and recommendations for CEQA qualified local climate action planning (such as CARB’s 2022 Scoping Plan Appendix D – Local Actions) and identify best practices on how integrate climate strategies to other City’s plan including but not limited to the City’s General Plan, Land Use Plan, Economic Development Plan, and development and CIP projects.

4. Provide an expedited comparison of existing GHG inventory protocols and tools that identify the scopes and the emission sources covered in each and investigates the availability of data needed to be undertaken.

Deliverables:

1. Meeting Minutes

2. Memo summarizing best practice research and climate action framework analysis, findings from existing program and policy review, and a recommended protocol to use for the GHG inventory. The memo should also include key issues, opportunities and trends identified in climate action and adaptation planning that are applicable to Costa Mesa.

3. Comparison table of land use goals, policies, codes etc. (in excel) in need of being updated to meet the State’s GHG reduction goals.

Meetings:
• Meeting with City staff to discuss findings from Task 2.

Task 3: Stakeholder Engagement and Community Outreach Strategy The consultant is responsible for leading stakeholder meetings, outreach, and engagement. This task will begin early and will be ongoing until project completion. The consultant will develop a stakeholder engagement plan to meet the project goals.

The consultant will facilitate a stakeholder engagement process to gain input from City representatives, key stakeholders and community members through a series of meetings and an online survey. The process must be data driven, creative, collaborative, flexible, and inclusive. Significant care and attention should be given to the format and outcome of this task to foster stakeholder buy -in, Disadvantaged Communities (DAC) and youth engagement and consensus building. Staff will identify -30-
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members for two stakeholder groups that will regularly meet to provide input through the CAAP development process.
• Sustainability Working Group (Internal): The purpose of this group will be to provide feedback on current operational procedures influencing the City’s GHG emissions reduction, the potential areas for improvement as well as new opportunities to shape and implement climate policy and projects with their roles. Information from this group will also help set the stage for outreach with the External Stakeholder Working Group and the public at -large. The group will include representatives from different City Departments including City Manager’s Office, Public Works, Economic and Development Services, Parks and Community Services, Public Safety (Fire and Police), and others as appropriate.
• External Stakeholder Working Group: The purpose of this group will be to engage the local community and collect input on topics relevant to the CAAP. At minimum, this group will include representatives from local utilities, regional agencies, higher education institutions, youth environmental/advocacy groups, local Community Based Organizations (CBO), residents and businesses. Topics should include, but are not limited to:
o Assessing the group’s knowledge of and current understanding and attitude toward climate change.
o Informing the group of potential options for climate mitigation and adaptation in Costa Mesa, and gathering their input and feedback.
o Collecting information on the best methods of communicating the CAAP and its benefits to the community.
o Presenting options on potential actions by the community to assist with CAAP implementation and promote behavior change.

In addition to these series of meetings, the consultant will work with City staff to raise awareness and solicit input on the CAAP through a variety of at -large community out reach efforts such as surveys, pop-ups, information sessions, project webpage updates, social media campaigns, neighborhood meetings, coordination with other City projects and events, etc. These efforts should consider ways to gather input from traditional ly under-represented groups and vulnerable communities in Costa Mesa.

To ensure meaningful engagement at the community and public events, the community outreach strategy should include language accessibility.

Deliverables:

1. PowerPoint presentations, agendas, meeting minutes for each Working Group Meeting.

2. Community Outreach Strategy, outlining key milestones throughout the project for input and feedback from all key stakeholders identified and the community at-large.

Meetings:
• Up to five (5) Sustainability Working Group meetings. • Up to five (5) External Stakeholder Working Group meetings. • Up to three (3) public engagements as identified in Community Outreach Strategy. -31-
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• Additional Planning Commission, Parks and Community Services Commission and City Council meetings as identified.

Task 4: Greenhouse Gas Emissions Inventory
The consultant will conduct a baseline GHG inventory, which will include both the community emissions, as well as the emissions of the municipal government operations. The consultant will d evelop a geographic distribution of emissions and emissions metrics across different areas in the City in order to understand GHG contributions in various areas.

Deliverables:

1. GHG baseline for the chosen year.

2. Historic GHG Trends Analysis in Gross and Per Capita, by Household, by Sector, and by Geographic Area.

Meetings:
• Meeting with City staff to discuss findings from Task 4. • Attendance at Sustainability Working Group meeting(s) to present findings.

Task 5: Future Emissions Scenarios and GHG Reduction Wedge Analysis The consultant will develop a business -as-usual emissions scenario that assesses community emissions and emissions from municipal government operations through 2045. This process will be based on land use projections provided by the City and the City’s existing measures, plans, programs, and policies considered in Task 2. It should be consistent with policy measures, and actions taken at the federal and state level and be prepared using Statewide Energy Efficiency Collaborative (SEEC) ClearPath California. The wedge analysis should include different emission sources (wedges) such as stationary energy, grid energy, transportation and land use, water and wastewater, waste, urban natural resources (e.g. Tree canopy, vegetative space, etc.), as well as into the different emissions scopes (scopes 1, 2, and possibly 3) as defined by the selected GHG protocol. The consultant should evaluate several future emissions scenarios as applicable to assist the City in selecting the appropriate GHG reduction target. GHG emissions will be broken down to the highest level of granularity possible given the available data.

Deliverables:

1. Up to four (4) GHG Emissions Scenarios and Wedge Analysis:
a. Business as Usual
b. Carbon Neutrality by 2045 (California Executive Order B-55 18) c. Two Additional Scenarios as determined

2. Materials for public meetings such as presentation slide deck and edits to staff reports.

Meetings:
• Meeting with City staff to discuss findings from Tasks 3 and 4. • Attendance at Sustainability Working Group meeting(s) to present findings.

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Task 6: GHG Emission Reduction Measures
Based on research and feedback from previous tasks, the consultant will identify a range of measures for mitigating both community and municipal emissions through 2045. These measures will integrate relevant existing City plans, programs, and policies, successful best practices research from other cities performed in Task 2, potential mitigation opportunities identified by the City’s recent Strategic Energy Plan effort, and stakeholder feedback. The consultant will evaluate the potential future impact of ea ch measure on reducing GHG emissions, including the associated fiscal benefits, financial costs, and return on investment (ROI). The consultant will also identify any potential co-benefits such as the impact on air quality, water quality, public health, ec onomic development, employment opportunities/green jobs, disaster risk reduction, workforce development, reduced urban heat island, etc. The cost of not implementing these measures should also be calculated based on the business-as-usual scenario.

Deliverables:

1. Sector-based Mitigation Measures for Community and Municipal Operations.

2. Analysis of financial costs of mitigation measures and fiscal benefit of mitigation measures, including cost avoidance.

3. Identification of co-benefits of mitigation measures.

4. City Map (or GIS layer) with locations for proposed mitigation measures

5. Summary Memo Task 1-6
Meetings:
• Meeting with City staff to discuss findings from Task 6. • Attendance at Sustainability Working Groups meeting(s) to present findings.

Task 7: Vulnerability Assessment and Adaptation Measures Not all communities face the same impacts from climate change. The adaptation process aims to identify measures for preparing the community for the unavoidable impacts of climate change through 2045. The consultant w ill provide a vulnerability assessment of the risks that Costa Mesa is likely to face as the impacts of climate change become more severe. The climate change risks evaluated should include drought, extreme heat, precipitation, air quality, Santa Ana winds, wildfires, and any indirect effects of sea level rise in nearby coastal communities as applicable.

The consultant will develop and prioritize climate change adaptation measures for each identified risk based on level of severity (low -risk, medium -risk, a nd high -risk). This effort should include both community adaptation measures as well as those for municipal government operations and calculate the costs, benefits, co -benefits, and benefits of non -implementation for each measure similar to Task

6. The ana lysis will also address any disproportional impacts that climate change may have on vulnerable populations across the City (e.g., seniors, children, low -income, persons with disabilities, people experiencing homelessness, etc.).

Deliverables:

1. Memo that summarizes climate change related risk and vulnerabilities identified, and adaptation measures for each risk.

2. City Map (or GIS layer) of Costa Mesa’s vulnerable communities -33-
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Meetings:
• Meeting with City staff to discuss findings from Task 7. • Attendance at Sustainability Working Groups meeting(s) to present findings.

Task 8: Implementation Plan
The consultant will develop an implementation plan for the selected mitigation and adaptation measures. The Implementation Plan will identify lead agencies, partner organizations, costs, timeframe, funding mechanisms, and co -benefits for each measure. The final report should include list of community and infrastructure resilience measures the City could implement in the near future.

Deliverables:

1. Implementation Plan for Municipal & Community Mitigation and Adaptation Measures. a. Identify Lead agencies and partners
b. Implementation costs
c. Timeframe
d. Funding mechanisms
Meetings:
• Correspondence as necessary with City staff to discuss and complete task deliverables.

Task 9: Climate Action and Adaptation Plan
The consultant will synthesize the research, analysis, and feedback from previous tasks and finalize findings into a comprehensive CAAP for Costa Mesa. The CAAP will address both community emissions and emissions from municipal government operations and will include a description of the process, emissions baseline, future scenarios, emissions reduction target, selected mitigation and adaptation strategies, and an implementation plan for each. It will be written in simpl e language with infographics and graphically well-designed. The City will require up to 30 business days for review and comment of the draft plan.

The CAAP shall be reader friendly and “tell the story” of climate mitigation and adaptation strategies to be implemented by heavily employing the use of data visualizations and graphic design. In addition to a PDF report that will be available in hard copy, the CAAP will be hosted and supported by a comprehensive digital presence that is user-friendly, accessible, interactive, and informative. The City’s preference is to host the CAAP in a digital format that keeps residents engaged and up to date on the City’s efforts and progress towards equitable climate goals, however, the City is open to proposals that provide alternatives to digital hosting or a combination of alternatives that assure the CAAP is equitably accessible to the community. The CAAP should include procedures for minor updates every two years and comprehensive updates every five years.

Deliverables:

1. Draft Climate Action and Adaptation Plan (easy to edit, strike through/ underline PDF version)
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2. Final Climate Action and Adaptation Plan

3. Materials for public meetings such as presentation slide deck and edits to staff reports.

Meetings:
• Meeting with City staff to discuss the draft and final CAAP. • Attendance at City Council, Planning Commission, Parks and Community Services Commission and Sustainability Working Group meetings to present the draft and final CAAP.

Task 10: CEQA Analysis
The CAAP will be subject to environmental review under California Environmental Quality Act (CEQA).

The City aims to have CEQA qualified Climate Action and Adaptation Plan, and therefore the project budget assumes preparation of Negative Declaration/Mitigated Negative D eclaration. The consultant will be responsible for preparing all CEQA documents required for the plan and administering all required CEQA noticing and postings. The CAAP will serve as an implementation measure to the City’s General Plan.

Deliverables:

1. CEQA Compliance Submittal

2. All the required public noticing and postings

Meetings:
• Correspondence as necessary with City staff to discuss and complete task deliverables.

Task 11: Progress Monitoring and Reporting
The consultant will work with City staff to develop a system for tracking and reporting on the CAAP’s progress over time. Any process proposed should recommend and develop an Implementation and Monitoring Tool, and utilize the Statewide Energy Efficiency Collaborative (SEEC) ClearPath California platform (or something similar), to input, evaluate, and monitor progress, as appropriate. The consultant will assist City staff to ensure relevant data is entered correctly in the SEEC ClearPath California platform and develop a template for annual reporting that can easily be translated into a variety of media.

Deliverables:

1. SEEC ClearPath Platform populated with Costa Mesa data.

2. Versatile template for annual reporting of the CAAP progress.

Meetings:
• Correspondence as necessary with City staff to discuss and complete task deliverables.

Task 12: Marketing and Communications Plan
The consultant will work with staff to develop a marketing and communications plan that ensures effective community messaging as to the CAAP’s purpose, process, and outcomes. The plan should aim to improve the public’s understanding of climate change and h ow individual actions affect GHG -35-
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emissions, as well as garner participation and support for mitigation and adaptation measures through a community action toolkit.

The plan should consider simple metrics that can be communicated to the public in a meaningful way, such as emissions per capita or emissions per household. It should also detail specific communication strategies and tactics, intended audiences, cost, and timeline, establish metrics for measuring engagement success, and develop content and design templates for multiple forms of communication media for the CAAP (brochures, fact sheets, social media, infographics, presentation layouts, City website, etc.). All public facing materials should be formatted and branded in a manner that is consistent with the City of Costa Mesa’s Public Information Office.

Deliverables:

1. A Comprehensive Marketing & Communications Plan

2. Community Action Toolkit

3. Public facing website

Meetings:
• Correspondence as necessary with City staff to discuss and complete task deliverables.

Timeline
The schedule for the requested scope of work is eighteen (18) months. The timeline reflects that some tasks may or can begin prior to the completion of previous tasks.

RFP Contacts – Limitation on Communications
All communications in connection with or related to this RFP must be submitted in writing via email to Salem Afeworki, the City’s Energy and Sustainability Services Manager (contact information below).

Commencing from the date the City Council approves issuance of this RFP, and unless expressly authorized in this RFP, any contact or any communications with City officials other than the City’s Sustainability Officer is expressly prohibited. The limitation on communications shall continue until the date on which the City awards a contract, if any.

In addition, proposers must not directly or indirectly give, furnish, donate, or promise any money, compensation, gift, gratuity, or anything of value to the Glendale City Council or any City employee for the purpose of, or which has the effect of:

1. Securing or establishing an advantage over other Proposers;

2. Securing or recommending the selection of the Proposer’s Proposal; or

3. Securing or recommending a Contract award to any Proposer.

Violation of the forgoing prohibitions will constitute grounds for rejection of a proposal(s). Such rejection may be made within the sole and absolute discretion of the City of Costa Mesa. The City contact for this RFP is:

Salem Afeworki
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Energy and Sustainability Services Manager
City Manager’s Office
Costa Mesa City Hall
77 Fair Drive
Costa Mesa, CA 92627
Phone: 714-949-5247
Email: [email protected]
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APPENDIX B
SAMPLE

PROFESSIONAL SERVICE AGREEMENT
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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH
_____________________________

THIS AGREEMENT is made and entered into this __ day of _____, 20__ (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and ___________, a [stat e] [type of corporation] (“Consultant”).

W I T N E S S E T H :

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to __________________, as more fully described herein; and

B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and

C. WHEREAS, City and Consultant desire to contra ct for the specific services described in Exhibit “A” (the “Project”) and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

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

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services . Consultant shall provide the professional services described in the City’s Request for Proposal (“RFP”), attached hereto as Exhibit “A,” and Consultant’s Response to City’s RFP (the “Response”) attached hereto as Exhibit “B,” both incorporated herein by this reference.

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

1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City and withi n the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws -39-
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related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in , discrimination in employ ment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code.

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

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

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

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement (the “Fee Schedule”). Consultant’s total compensation shall not exceed _______ Dollars ($ _____.00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

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

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

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in str ict compliance with the Project Schedule approved by City as set forth in Exhibit “D,” attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the p arty or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of ______ months, ending on __________, 20__, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

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

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

5.0. INSURANCE

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

(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,0 00.00), combined single limits, per occurrence. If such insurance -41-
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contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

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

(c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work pe rformed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

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

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

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

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

(c) Other insurance: "The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy."

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

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

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

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5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit “E” and incorporated herein by this reference.

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

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotia tions.

This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

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

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

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

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

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

IF TO CONSULTANT: IF TO CITY:

_________________
_________________
_________________
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: _________________ Tel: (714) 754-
Fax: _________________ Fax: (714) 754-
Attn: _________________ Attn: _________________

Provide courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Department

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6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “F” and incorporated herein by reference. Consultant’s failure to conform to the requirements set forth in Council Policy 1 00-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

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

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

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

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, office rs, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwi se asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor . Consultant is and shall be acting a t all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have t he right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City -44-
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any reimbursement or indemnification arising under this paragraph.

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

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

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

6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agr eement, shall be and remain the sole property of City.

Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its sub contractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and sub-consultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or sub-consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

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

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

6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement.

Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

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

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

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

6.22. Construction. The parties have participated jointly in the negotiation and drafting of this

Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning.

There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.23. Amendments. Only a writing executed by the parties hereto or their respective suc cessors and assigns may amend this Agreement.

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

6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall -46-
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be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

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

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

CITY OF COSTA MESA,
A municipal corporation

__________________________________ Date: __________________________ [Mayor or City Manager]

CONSULTANT

__________________________________ Date: __________________________ Signature

__________________________________
Name and Title

__________________________________
Social Security or Taxpayer ID Number

ATTEST:

________________________________
City Clerk and ex-officio Clerk
of the City of Costa Mesa

APPROVED AS TO FORM:

__________________________________ Date: ________________________ City Attorney

APPROVED AS TO INSURANCE:

____________________________________ Date: ________________________ Risk Management

APPROVED AS TO CONTENT:
____________________________________ Date: ________________________ Project Manager

DEPARTMENTAL APPROVAL

____________________________________ Date: ________________________ Department Director

APPROVED AS TO PURCHASING:

__________________________________ Date: ___________________________ Finance Director

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APPENDIX C
FORMS

Vendor Application Form
Ex Parte Communications Certification
Disclosure of Government Positions
Disqualification Questionnaire
Company Profile & References
Bidder/Applicant/Contractor Campaign Contribution

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VENDOR APPLICATION FORM
FOR
RFP No. 24-01 CLIMATE ACTION & ADAPTATION PLAN (CAAP)

TYPE OF APPLICANT:  NEW  CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: _____________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ Contact Person for Proposals: ______________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)
 NON PROFIT CORPORATION  FOR PROFIT CORPORATION Is your business: (check one)
 CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION

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Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)

Names Title Phone
___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

___________________________________ ___________________________________

Federal Tax Identification Number: __________________________________________

City of Costa Mesa Business License Number: ________________________________________ (If none, you must obtain a Costa Mesa Business License upon award of contract.)

City of Costa Mesa Business License Expiration Date: ________________________________

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EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.

I certify that Proposer and Proposer’s representatives have not had any communication with a City Councilmember concerning informal RFP No. 24-01 CLIMATE ACTION & ADAPTATION PLAN (CAAP) at any time after August 21, 2023.

________________________________ Date: _______________________ Signature

________________________________
Print

OR

I certify that Proposer or Proposer’s representatives have communicated after August 21, 2023 with a City Councilmember concerning informal RFP No. 24-01 CLIMATE ACTION & ADAPTATION PLAN (CAAP). A copy of all such communications is attached to this form for public distribution.

________________________________ Date: _______________________ Signature

________________________________
Print

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DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:

Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

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DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None."

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COMPANY PROFILE & REFERENCES

Company Legal Name:

Company Legal Status (corporation, partnership, sole proprietor etc.):

Active licenses issued by the California State Contractor’s License Board:

Business Address:

Website Address:

Telephone Number: Facsimile Number:

Email Address:

Length of time the firm has been in business:

Length of time at current location:

Is your firm a sole proprietorship doing business under a different name: ___Yes ___No

If yes, please indicate sole proprietor’s name and the name you are doing business under:

Federal Taxpayer ID Number:

Regular Business Hours:

Regular holidays and hours when business is closed:

Contact person in reference to this solicitation:

Telephone Number: Facsimile Number:

Email Address:

Contact person for accounts payable:

Telephone Number: Facsimile Number:

Email Address:

Name of Project Manager:

Telephone Number: Facsimile Number:

Email Address:

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RFP24.01.C0504.

COMPANY PROFILE & REFERENCES (Continued)

Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.

Company Name:

Contact Name:

Contract Amount:

Email:

Address:

Brief Contract Description:

Company Name:

Telephone Number:

Contact Name:

Contract Amount:

Email:

Address:

Brief Contract Description:

Company Name:

Telephone Number:

Contact Name:

Contract Amount:

Email:

Address:

Brief Contract Description:

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RFP24.01.C0504.

Company Name:

Telephone Number:

Contact Name:

Contract Amount:

Email:

Address:

Brief Contract Description:

Company Name:

Telephone Number:

Contact Name:

Contract Amount:

Email:

Address:

Brief Contract Description:

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RFP24.01.C0504.

BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION

DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.

Date

Name of Donor
Company/Business
Affiliation
Name of
Recipient

Amount

Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Bidder/Applicant/Proposer

Date

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EXHIBIT B

CONSULTANT’S PROPOSAL

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Climate Action &
Adaptation Plan
September 27, 2023Proposal for RFP No. 24-01
City of COSTA MESA
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1/30
Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | The Dudek team
will develop a
CAAP to help meet
the City's new
goal to advance
environmental
sustainability and
climate resiliency.

Local Office
27372 Calle Arroyo
San Juan Capistrano, CA 92675

COVER LETTER
September 27, 2023
Mike Fuentes
City of Costa Mesa
77 Fair Drive, First Floor
Costa Mesa, California 92626
Dear Mike Fuentes:

Developing a comprehensive climate action and adaptation plan (CAAP) for the City of Costa Mesa (City) requires a highly qualified, technically competent team paired with a thoughtful, well-rounded approach that will result in responsive and implementable outcomes.

We have assembled the Dudek team, consisting of Dudek, Michael Hendrix Consulting, Fehr & Peers, and M.Cubed, to guide the City in accomplishing its climate change goals. This team is successfully working together on the Yolo County CAAP to effectively navigate greenhouse gas reduction- and climate adaptation-related problems as well as providing funding and financing acumen and strategy to strengthen resiliency. Each member of the Dudek team is preeminent in their field and will contribute to the success of this multifaceted endeavor.

The Dudek team will bring our vast experience with greenhouse gas emissions inventories, climate action plans, climate adaptation and resiliency plans, the California Environmental Quality Act, and public outreach to tailor the plan to the City’s challenges. We acknowledge that in a region with little climate action planning to date, this is a unique opportunity to engage and educate the community, understanding that those most vulnerable to consequences of climate change and rising emissions are those less likely to engage in traditional planning processes.

The Dudek team looks forward to developing a creative, customized, and implementable CAAP that meets the specific needs of the City. Project Manager Jennifer Reed will manage this project from Dudek’s San Juan Capistrano office. Please reach out to Ms. Reed at 949.373.8333 or [email protected] with any questions regarding our qualifications or approach.

Sincerely,
_____________________________ ________________________ Joseph Monaco, President/CEO Jennifer Reed, Project Manager Joseph Monaco is authorized to bind Dudek.
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TABLE OF CONTENTS
Cover Letter ....................................................................... 1 1/ Background and Project Summary Section............................................. 2 2/ Method of Approach .............................................................. 4 3/ Qualifications and Experience of the Firm ............................................. 20 4/ Financial Capacity ................................................................ 24 5/ Key Personnel ................................................................... 24 6/ Cost Proposal.................................................................... 30 7/ Disclosure ....................................................................... 30 8/ Sample Professional Service Agreement .............................................. 30 9/ Forms .......................................................................... 30 Appendix A ........................................................................ xiv -62-
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | 1 / Background and Project Summary
1 BACKGROUND AND

PROJECT SUMMARY SECTION

UNDERSTANDING OF THE CITY, WORK, AND OBJECTIVES
To address the climate action and adaptation goals of the City of Costa Mesa (City), we have carefully assembled a local team of experienced climate action experts, adaptation planners, economists, transportation engineers, California Environmental Quality Act (CEQA) analysts, and outreach practitioners to work collaboratively with City staff through the course of this project. Dudek, Michael Hendrix Consulting, Fehr & Peers, and M.Cubed have a history of successful project execution working as a cohesive team and will herein be referred to collectively as the “Dudek team.” The Dudek team understands the unique qualities of Costa Mesa and is interested in developing a climate action and adaptation plan (CAAP) that is tailored to the City’s needs to successfully meet its climate change goals. The Dudek team is passionate about helping communities reduce their greenhouse gas (GHG) emissions by implementing actionable plans that center equity in their guiding principles. We support the City’s ambition to achieve the state’s goal of carbon neutrality by 2045 and are committed to developing a feasible blueprint to make that goal a reality. -63-
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | 1 / Background and Project Summary
While the City has a demonstrated history of environmental stewardship and commitment to sustainable initiatives, we understand the challenges associated with encouraging community members to take action. In Orange County, where there are few CAPs, the City’s CAAP presents an opportunity not only to engage and educate the public on why action and adaptation is needed, but also to inspire nearby communities to act and collaborate to make a difference regionally.

Our vision is to center the unique assets of the City during CAAP development, so that the plan can work for the whole Costa Mesa community. This starts with listening to understand the various goals of the CAAP, which will be guided by input from community members and local stakeholders. We will emphasize that the CAAP is an opportunity, rather than
an obligation, to enhance the community and economy. We will highlight the various co-benefits of actions such as improving public health and air quality, supporting job creation, enhancing equity, improving mobility, preserving natural resources, and creating a safer, healthier, and more sustainable community for future generations.

As we calculate GHG emissions and forecast the impact of climate change on Costa Mesa’s hazards, we will organize the CAAP by key land use sectors to reflect the diversity of uses and create policies tailored to commercial, local- and regional-serving retail, residential, and residential-supporting development.

This stratification will allow for community and business groups to work in tandem and avoid conflicting directions. During policy development, we will collaborate with City staff, environmental working groups, interested community groups, and others to generate unique and actionable measures with strong buy-in. Developing actions that accomplish multiple goals—synergizing mitigation and adaptation and prioritizing efficient use of the City’s resources—will serve as a means to promote adoption of the CAAP.

The Dudek team believes that our expertise and vision will allow the City to develop a CAAP that addresses the City’s climate challenges while enhancing its strong commercial and retail economy and preserving what makes the City special. Our transportation and land use experts will provide key knowledge to ensure we customize strategies to the City.

The Dudek team is the best fit for this project because we understand that the City requires more than a cookie-cutter CAAP. Through collaboration with the City and its residents, we will develop a custom CAAP that helps meet the City’s goal of advancing environmental sustainability and climate resiliency. We appreciate the opportunity to contribute to this important plan to create a safer, sustainable, and more resilient future.

Graphic Exhibit 1 presents the Dudek team's vision for the City's CAAP. -64-
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1 / Background and Project Summary
Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek Graphic Exhibit 1. Our Vision for Your CAAP
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2. METHOD OF APPROACH – Revised 8/16/2024

1. IMPLEMENTATION PLAN
TASK 1: PROJECT MANAGEMENT AND WORK PLAN
The Dudek team will establish a work plan and detailed schedule for the climate action and adaptation plan (CAAP). Upon execution of the contract, the Dudek team will work with the City of Costa Mesa (City) to schedule a kickoff meeting to discuss goals and objectives of the CAAP, share aspirations while aligning expectations, establish relationships, and set the project up for success. The kickoff meeting will introduce key Dudek team members and City staff and clarify roles and lines of
communication. We will discuss current City sustainability and greenhouse gas (GHG) reduction efforts and identify existing documents, data, policies, and initiatives relevant to the CAAP. The kickoff meeting will serve as the first step in the community outreach effort by identifying key stakeholders and effective engagement strategies based on the outcomes of previous City efforts. Any potential issues anticipated with the City’s CAAP and lessons learned from the Dudek team’s similar past projects will be explored for proactive solutions.

Following the kickoff meeting, the Dudek team will develop a work plan, which will be formalized in a memorandum format, and will include a timeline to establish project milestones along with critical path items, resources and data needs, scheduled meetings, and initial assumptions. Throughout the process, Dudek will schedule and facilitate virtual meetings with City staff to review work conducted, plan for upcoming efforts, and verify the project remains on schedule and within budget. Dudek’s project management team will remain nimble and will be available by email and phone to answer questions, collaborate, and move the project forward. The primary aspects of Dudek’s approach to project management include clear communication, managing adherence to the scope, keeping the progression of work on schedule, cost controls, and risk management. Dudek prides itself on integrating a fundamental focus on high-quality work, subconsultant management, and meeting both client and project goals and objectives.

Role of City Staff:
 Attendance of necessary staff members at the kickoff meeting  Provision of materials requested in Request for Information in a timely manner Assumptions:
 Dudek assumes that use of a document sharing portal (e.g., SharePoint), which Dudek can host, will be used for coordinating meeting minutes, agendas, and other relevant project documents.

Deliverables:
 Meeting agenda and minutes
Our project management philosophy:
 Clear, continual communication
 Engaged listening
 Flexibility and responsiveness
 Empowered problem solving to
maintain momentum
 Quality assurance and oversight
 Consistent delivery of high-quality
work on time and within budget
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 Detailed work plan files that includes adjusted project timeline/schedule, final list of existing documents/data to review, and list of key stakeholders for the CAAP Meetings:
 Virtual project kickoff meeting (via Zoom if hosted by Dudek or preferred City video conferencing software if hosted by the City)
TASK 2: DATA COLLECTION, EXISTING POLICES REVIEW, AND BEST PRACTICES RESEARCH To inform plan development, the Dudek team will conduct a comprehensive review of existing relevant materials to align with City and state policies and verify the use of best practices. The Dudek team will create an Excel or Airtable (depending on City preference) database to catalog existing City efforts that advance environmental sustainability and resilience, which include the City’s General Plan, codes, policies, programs, development standards, and relevant City Council commitments. This catalog will serve as the base for CAAP policies and actions and will ensure that our proposed strategy is well integrated with existing practices.

The Dudek team will also review local, state, and regional best practices from jurisdictions of similar size, scale, and geography. Given that there are few climate action plans within Orange County, we will expand our review throughout the state, including the San Diego and Los Angeles regions. The review will include successful climate action plans (CAPs) and CAAPs, effective mitigation and adaptation measures, and other relevant resources and tools including those related to successful outreach and engagement strategies. Examples of best practice resources include the California Air Resources Board 2022 Scoping Plan (Appendix D – Local Actions), the Southern California Association of Governments (SCAG) Regional Climate Adaptation Framework, SCAG’s Library of Model Policies, California’s Adaptation Clearinghouse, and ClearPath Inventory Tools, among others. Our team will also review financing mechanisms and funding programs that would support implementation of the forthcoming CAAP.

The Dudek team will review and provide recommendations and guidance on the use of existing GHG inventory protocols and methodologies. Our review will focus on protocols and tools that use industry best practices and are easily updated as future CAAP programs are implemented. Currently, CAAPs typically use the following protocols for municipal and communitywide inventories: The Climate Registry’s General Reporting Protocol and Local Government Operations Protocol, the International Council for Local Environmental Initiatives (ICLEI) United States Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions, and The World Resources Institute’s Global Protocol for Community-Scale Greenhouse Gas Inventories. These protocols tend to be consistent with one another because they are based on the Intergovernmental Panel on Climate Change assessment reports and guidelines. The Dudek team will provide the City with a comparison of these protocols, tools, and approach recommendations that provides a consistent, accurate, and up-to-date set of inventories and forecasts of GHG emissions.

Role of City Staff:
 Provide Dudek with appropriate plans, policies, and codes for review and evaluation The Dudek team will leverage our
experience with similar tasks and
understanding of existing best
practices to efficiently focus and
expedite the effort.
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Assumptions:
 Documents described in the scope above will be reviewed, and Dudek will work with City staff to identify other appropriate documents for review without exceeding budget.

Deliverables:
 Summary of data collection, existing policy review, and best practice research in memorandum format, including key issues, opportunities and trends, and ultimate recommendations  Excel or Airtable database identifying existing codes, policies, programs, development standards, and relevant City Council commitments that advance sustainability and resilience Meetings:
 Meeting with City staff to discuss findings from Task 2 TASK 3: STAKEHOLDER ENGAGEMENT AND COMMUNITY OUTREACH STRATEGY With a team of in-house public outreach experts and significant experience working with the communities we serve, Dudek understands that community engagement is paramount to a successful long-range planning effort.

Dudek planners have extensive experience working with a range of stakeholders and community members on complex and contentious planning efforts, and we will use this experience to build a comprehensive and efficient engagement plan that will guide the public and stakeholder engagement process throughout the planning process. Our team is prepared to work with the City to deliver inclusive and responsive community engagement.

TASK 3.1 Working Group Meetings
Dudek will facilitate five Sustainability Working Group and External Stakeholder Group meetings (10 total meetings). Dudek will develop a presentation to inform working group members on the planning process and solicit input at strategic points in the planning effort to maximize the utility of feedback. The Sustainability Working Group will be integrated into Tasks 6, 7, and 8 to review Dudek’s findings and provide local knowledge to bolster implementable measures. The External Stakeholder Group will be integrated through all phases, beginning with a visioning meeting where Dudek will share their professional expertise on how CAAPs are developed and implemented, and the External Working Group will share Costa Mesa’s needs, values, and opportunities and how to engage the broader public. Dudek will facilitate each meeting and create interactive materials to generate input.

Dudek will coordinate with the City on creating an outreach plan with broad-reaching events. See Table 1 for the included outreach and engagement activities. These tasks assume attendance of one senior staff member of the Dudek team, but City staff could host additional meetings without Dudek staff.

The Dudek team presents proposed
engagement activities in Table 1.
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Table 1. Outreach and Engagement Events
Task Description

3.2 – Pop-Ups and
Events
Dudek will schedule, plan, and conduct up to two pop-ups and events to collect input from the broader community. The pop-up events are intended to “meet people where they are.” This strategy allows our team to interact with residents and stakeholders in a casual environment, which often leads to more productive feedback and higher levels of engagement. These could take place at planned community events, on a busy street corner, through a curbside open house, or in front of a grocery store or a well-visited community destination. Pop-up events include short (less than 5-minute) engagement opportunities, such as talking to staff, sticker-voting, and community mapping. Dudek uses pop-up events to advertise project surveys and future projects.

3.3 – Open House Dudek will host one open house during measure development to allow the community to provide feedback on how measures may be implemented in the community, as well as measure buy-in for GHG reduction strategies that require behavior change. The Recommended Strategies Open House will include feedback stations, along with maps, feedback surveys, and other materials to share the recommended measures. Each feedback station will be interactive and colorful, with visually engaging materials and boards to encourage greater participation and conversation.

3.4 – Marketing
Materials Generation
Dudek’s in-house creative team will create customized presentation materials, handouts (stickers, etc.), graphics, and social media content. Dudek will provide select materials in up to two languages (English and Spanish) to maximize engagement with underrepresented groups. Dudek can provide guidance regarding material distribution and advertising. Types of materials will be decided in coordination with City staff and provided up to the budget identified for this task.

3.5 – Survey Dudek will design one survey that can be completed in less than 10 minutes, with options to provide more in-depth feedback. The goal of the survey is to understand the goals and values of the broader community as well as barriers to implementing GHG emission reduction measures. Survey results will be analyzed and communicated to the City.

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Role of City Staff:
 Identification of working group members
 Attendance at public engagement events
 For pop-ups and events, City staff to support finalizing details of the pop-ups; identify location for event; review and print materials and collateral for events.
 For open house, City staff to support finalizing details of the Open House; secure and source location for event; review and print materials and collateral for events; provide photography and video documentation.

Assumptions:
 Working group meetings will be virtual.
 City will pay for any event fees
 Pop up events will replicate the same activity
 Translation and/or interpretation will be provided for up to $2,000 in effort (approximately $0.20 per English to Spanish word)
Deliverables:
 PowerPoint presentations, agendas, and meeting minutes for each Working Group meeting  Community outreach plan
 For pop-ups and events: pop-up logistics plan, outreach boards and materials, and summary of key takeaways.
 For open house: open house logistics plan, outreach boards and materials, and summary of key takeaways.
 Production of marketing materials
 Design and hosting of community survey
Meetings:
 Virtual participation in up to five Sustainability Working Group meetings  Virtual participation in up to five External Stakeholder Working Group meetings  Participation in up to two pop-ups or community events  Participation in one open house
TASK 4: GREENHOUSE GAS EMISSIONS INVENTORY
The Dudek team will select an emissions baseline year in coordination with City staff, weighing the benefits of recency with availability of representative data. There will be two distinct GHG emission inventories for the City, including an inventory for municipal activities and an inventory for community activities.

While the GHG emission sources for these two inventories are similar and contain some overlap, they are presented separately Developing effective GHG reduction
action starts with a well-planned
GHG inventory. We will tailor
inventory sectors and sub-sectors to
identify appropriate measures at the
community and municipal levels.
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to better tailor GHG emissions reduction measures. The anticipated GHG emission sources include building energy, on-road transportation, off-road equipment, water use and wastewater generation, solid waste generation, urban forests, outdoor lighting (including traffic lighting), and refrigerants. Additional GHG emission sources may be identified in coordination with the City and community outreach.

The Dudek team will estimate baseline GHG emissions from all identified emission sources using industry- standard and accepted protocols and methodologies. As appropriate, the analysis will utilize the California Air Resources Board Local Government Operations Protocol, the ICLEI U.S. Community Protocol, the Association of Environmental Professionals California Supplement to the U.S. Community Protocol, and the General Reporting Protocol. These protocols and methodologies will be used together with usage data and default emission factors from various industry standard sources. The municipal inventory will incorporate City-specific usage data (e.g., employee commute information, transit fleet mix, operational schedules, waste generation).

As the largest GHG emissions source of most community inventories, on-road transportation is a critical sector that requires diligence to ensure accuracy. Fehr & Peers will prepare a vehicle miles traveled (VMT) inventory leveraging their recent work on the Los Angeles and Orange Counties CAP, which will provide a streamlined GHG inventory effort. The VMT forecasts are being prepared with the Southern California Association of Governments Activity-Based Model (SCAG) that is consistent with Connect SoCal 2024, the 2024 SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), and that provides truck data. Prior to using the VMT estimates, Fehr & Peers will conduct a review of the land use and transportation system inputs for the City included in the “off-the-shelf” SCAG model to verify if the SCAG land use and transportation system inputs are appropriate for the purposes of the CAP. However, for budgetary purposes, the underlying data is assumed to be appropriate. Fehr & Peers will provide tables summarizing the VMT data and will provide a brief description on the methodology used to calculate the VMT. We will provide tables summarizing the VMT data and a brief description of the methodology used to calculate the VMT.

While the State Energy Efficiency Collaborative ClearPath tool is not specifically identified above, ClearPath was developed by ICLEI, which is a key protocol provider for GHG inventory development and climate action planning.

Our GHG inventory will follow the same foundational principles and include the same sources used in ClearPath, but calculations will be performed in flexible spreadsheets customized for the City and in a format that can be easily uploaded into the ClearPath Tools. After discussion with City staff, if the City prefers to use ClearPath, the Dudek team can use this tool to provide calculations under the same proposed budget.

Based on the cumulative and global nature of GHG emissions, Dudek does not recommend a GHG trends analysis by geographic area. Spatial analysis of emission sectors does not provide information necessary for identifying reduction measures, so may not be an effective use of City resources. Instead, GHG reduction measures are best customized based on City land uses and barriers that need addressing, as explained in Task 6.

Role of City Staff:
 Gather all the necessary inventory data with guidance from the Dudek team  Provide confirmation of usage data and other relevant inventory assumptions prior to emissions calculations
Assumptions:
 The Dudek team will use GHG calculation methodologies and protocols current to the time of the inventory.

Deliverables:
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 GHG baseline inventory for the chosen year
Meetings:
 Meeting with City staff to discuss findings from Task 4  Virtual attendance at Sustainability Working Group meeting(s) to present findings as included in Task 2 TASK 5: FUTURE EMISSIONS SCENARIOS AND GHG REDUCTION WEDGE ANALYSIS Following baseline GHG emissions inventory development, the Dudek team will develop GHG emissions forecasts for community and municipal operations for two future target years, which will be selected in coordination with City staff. The Dudek team recommends a short-term forecast year of 2030 and long-term forecast year of 2045 to align with statewide reductions established by Senate Bill 32 and Assembly Bill 1279,
respectively.

The forecasts will include a future business-as-usual emissions scenario (i.e., devoid of any programs, measures, or activities to reduce emissions occurring after the baseline year) and an adjusted business-as-usual emissions scenario (i.e., including the impact of adopted statewide and regional GHG reduction measures), and will reflect impacts from socioeconomic growth expected for the City. To evaluate future growth, the Dudek team will consider plans and feedback from City and applicable regional agencies and other available state or federal data.

Because the City is preparing its first GHG inventory, historic GHG emission inventory data is likely not available for historic trends analyses and is not required for forecasting. Forecasted emissions can be estimated using socioeconomic trends consistent with VMT forecasting, which is the industry standard approach.

Consistent with baseline methods described in Task 4, the VMT emissions forecast will use the Orange County Transportation Analysis Model to obtain VMT data for future years 2030 and 2045. VMT forecasting assumes there will be one interim year (2030) between the baseline and horizon analysis scenarios. We will linearly interpolate the VMT estimates between the model’s baseline year of 2016 and horizon year of 2045.

In collaboration with City staff, the Dudek team will then establish two future GHG reduction targets (i.e., short- and long-term) that are practical, yet ambitious, to align with statewide goals and inform the development of reduction measures. The statewide emission reduction targets established by Senate Bill 32 of 40% below 1990 emissions levels by 2030, by Assembly Bill 1279 of net zero GHG emissions no later than 2045, and the goal of reducing statewide anthropogenic GHG emissions to at least 85% below 1990 levels by 2045 will be considered during target setting.

Using the forecasted emissions estimated for the two chosen future years and the selected reduction targets, Dudek will assess the emissions gap the City will need to address to achieve the selected targets. This gap will inform development of two feasible reduction scenarios to meet or exceed the chosen GHG reduction targets. The emissions gaps will be characterized by various emission sources (i.e., “wedges”) such as energy use, transportation, and waste. While Dudek proposes to perform the wedge analysis using custom spreadsheet models, if the City prefers to use ClearPath for this effort, the Dudek team can use this tool under the same proposed budget.

The Dudek team will guide the City
in identifying ambitious, yet
achievable GHG reduction targets to
align with statewide legislation.
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Role of City Staff:
 Provide Dudek with data required for growth forecasting  Participate in target setting
 Confirm assumptions prior to forecast and target setting calculations Assumptions:
 The Dudek team will use GHG projection methodologies and protocols current at the time of the inventory.

Deliverables:
 Business-as-usual and adjusted business-as-usual GHG emission forecasts for two future years (e.g., 2030 and 2045) for community and municipal operations
 Two GHG emission reduction targets and related gap analysis  Materials for one public meeting, such as presentation slide deck, and edits to staff reports Meetings:
 Meeting with City staff to discuss findings from Tasks 3 and 4 prior to initiating Task 5  Virtual attendance at Sustainability Working Group meeting(s) to present findings of Task 5 as included in Task 2
TASK 6: GHG EMISSION REDUCTION MEASURES
Using the forecasted emissions estimated for anticipated years 2030 and 2045 and the selected reduction targets, Dudek will identify a range of measures to address the community and municipal operations emissions gap identified in Task 5. Our team will develop a suite of potential GHG reduction measures for consideration, ensuring that each is customized to best meet the needs and priorities of the City and members of the community. Selection of the proposed measures will be informed by the evaluation completed in Task 2, integrating relevant existing City efforts (e.g., the recent Strategic Energy Plan), best practices from similar jurisdictions, and stakeholder feedback.

We will develop up to three VMT-related GHG reduction measures. The City-specific VMT reduction action recommendations will note associated fiscal benefits, financial costs, and return on investment and will be developed using our team’s TDM+ tool, the Caltrans VMT Mitigation Playbook, and our research that contributed to the recently updated California Air Pollution Control Officers Association Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity. The CAAP will include a technical memorandum as an appendix that summarizes the methodologies, data sources, assumptions, and results of the transportation-related VMT reduction measures.

Measures will be selected using suitability metrics (e.g., reduction potential, feasibility, co-benefits etc.) that affirm the City’s goals, align with statewide regulations, and reduce GHG emissions in an efficient manner. The Dudek team will coordinate with the City to establish a finalized catalog of measures that meet overall GHG emissions We will prioritize crosscutting action
and adaptation measures to
effectively use City resources.
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reduction goals. Our team will then estimate GHG emissions reduction scenarios, assuming implementation of the measures for each of the target years.

In addition, the Dudek team will estimate, often with ranges, the projected costs and benefits to the community of the chosen measures in 2030. Due to rapidly evolving technologies and uncertainty related to ongoing and future federal and state incentives, projections beyond 2030 are substantially less useful; as such, the focus of this effort will be on measures that can be implemented between project initiation and the first assumed milestone of 2030. Additional measures that may be implemented post-2030 with potential for substantial emission reductions will be included as appropriate. City implementation costs developed in Task 8 will be included in this analysis.

Given that many available analyses (e.g., State Reach Code) show only the net difference of decarbonization, a detailed return-on-investment analysis may not be feasible. Alternative options will be discussed with City staff.

The societal benefits and cost analysis will use U.S. Environmental Protection Agency calculations for the environmental values associated with GHGs. These valuations generally reflect the net cost of not implementing measures (e.g., no action).

To provide a meaningful assessment of cost-effectiveness, the Dudek team will select up to 12 measures for evaluation in coordination with the City. The selected measures will be the most impactful near-term and will not include any measures already implemented by the City. Measures will be selected for the cost effectiveness analysis based on professional judgement using screening criteria to assess the ability to quantify emission reductions, the significance of the measure’s impact (i.e., magnitude of emission reductions), and the relative cost-effectiveness.

Role of City Staff:
 Review, refine, and approve a list of recommended GHG reduction measures (Excel format) Assumptions:
 None
Deliverables:
 Sector-based GHG reduction measures for community and municipal operations  Quantification of up to nine non-VMT related reduction measures and three VMT-related reduction measures
 Analysis of financial costs of reduction measures and fiscal benefit of mitigation measures, including cost avoidance, for up to 12 measures
 Identification of co-benefits of reduction measures
 Summary memorandum of Tasks 1 through 6
Meetings:
 Meeting with City staff to discuss findings from Task 6  Virtual attendance at Sustainability Working Groups meeting(s) to present findings as included in Task 2 -74-
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TASK 7: VULNERABILITY ASSESSMENT AND ADAPTATION MEASURES Dudek will provide a custom vulnerability assessment of the risks that Costa Mesa is forecasted to experience building from the City’s recent Local Hazard Mitigation Plan.

Utilizing CalAdapt and the California Climate Change Assessment, Dudek will analyze the magnitude, timing, spatial extent, and likelihood of drought, extreme heat, precipitation/flooding, air quality, and the potential indirect effects of climate change. Dudek will compare this assessment with the vulnerable populations noted in the City’s recent Local Hazard Mitigation Plan. For each hazard, Dudek will note which populations hazards disproportionately effect and why.

Dudek will create adaptation measures that address the risks outlined in the vulnerability assessment, calculate the costs and benefits, and enumerate the co-benefits and implications of non-implementation for each measure.

Role of City Staff:
 Provide local experiences and history related to hazard impacts Assumptions:
 Dudek will respond to one round of consolidated comments.  Dudek will utilize LHMP population data as possible.

Deliverables:
 Memorandum that summarizes climate change-related risk and vulnerabilities identified, and adaptation measures for each risk
 GIS layer of Costa Mesa’s vulnerable communities
Meetings:
 Meeting with City staff to discuss findings from Task 7  Virtual attendance at Sustainability Working Groups meeting(s) to present findings as included in Task 2 TASK 8: IMPLEMENTATION PLAN
The Dudek team will develop an implementation plan for the mitigation and adaptation measures developed in Tasks 6 and 7.

The implementation plan will identify progress indicators, lead departments/agencies relevant partners, costs,
timeframe/phasing, funding mechanisms, and co-benefits for each measure. This implementation plan will highlight
foundational/unlocking strategies that the City should pursue in the near future.

In accordance with the California
Adaptation Guide Step 2.4b, we will
score the risk and current adaptive
capacity low, medium, or high based
on the findings of this assessment
and results of stakeholder
engagement in Task 3.

Our action and adaptation planners
will work together with the
economist to create integrated
measures through Task 6 and Task

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The Dudek team will estimate the fiscal costs and benefits of the selected measures as part of Task 6, and work with City staff to determine government implementation costs. We will update the City’s extensive database on available federal and state funding and incentive programs to link available funds to individual measures. The Dudek team will identify potential outside funding sources for initial implementation of candidate measures. The Dudek team will not be guiding the City staff or preparing grant or other funding applications as part of this project—those steps are reserved for actual implementation. However, ongoing fiscal support for many of these measures will require continuing financing from City revenue sources as well facilitating access to federal and state fiscal benefits (e.g., tax credits and rebates) by households and businesses. To this purpose, the team will refine its extensive list of available financing mechanisms (e.g., taxes, fees, charges) that can be implemented by the City to fund the implementation and funding of the selected measures. The Dudek team also will describe innovative financing options that could be considered.

Role of City Staff:
 Provide consolidated comments on the Draft implementation plan Assumptions:
 Dudek will respond to one round of consolidated comments.

Deliverables:
 Implementation plan for municipal and community mitigation and adaptation measures in Microsoft Word and Excel formats
TASK 9: CLIMATE ACTION AND ADAPTATION PLAN
TASK 9.1 PDF Plan
The Dudek team will develop a Draft PDF layout and style guide for the CAAP that will include colors, fonts, and a variety of page formats to easily communicate the concepts and brand of the Draft CAAP for City review and approval. Based on work completed for Tasks 2 through 8, Dudek will develop a table of contents for City review and begin to incorporate the background, regulatory and scientific information, community and stakeholder feedback, and Draft measures into a Draft PDF plan. Graphic components like maps, infographics, callout boxes, photos, and charts will be utilized to help the reader understand key concepts, provide local context, and break up sections to increase readability. These graphics will match the overall brand of the plan.

Role of City Staff
 Provide consolidated comments on the Draft PDF plan layout  Provide consolidated comments on the first Draft PDF plan Assumptions
Based on our experience writing
similar plans and regional guidance
documents, Dudek recommends
timing Task 9 with Task 3
Sustainability Working Group
Meetings to customize the
strategies and tracking indicators to
ensure the plan is feasible and
supported.
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 Should the City desire a bilingual document, Spanish translation can be provided for up to 10,000 words (approximately 20 pages) of document content ($2,000). The Dudek team can work with City staff to determine the most appropriate content for translation, such as the Executive Summary.  Dudek will provide Americans with Disabilities Act (ADA) processing of the Draft PDF plan for up to 16 hours.
 Working group meetings are included in the engagement scope.  The City will collect and review public comments as part of the CEQA process. Dudek will assist in responding to comments up to 20 hours of staff (i.e., technical and planners) labor. To accommodate potential revisions from Draft to Final, Dudek will revise the CAP up to 20 hours of staff time related to text and/or graphics revisions.

Deliverables
 One Draft CAAP PDF plan layout, table of contents, and style guide
 Draft CAAP PDF plan incorporating revisions from City staff prior to public review (easy to edit, strike
through/underline PDF version)
 One Final CAAP PDF plan
 Basic materials for public meetings, such as presentation slide deck, and edits to staff reports
TASK 9.2: Presentation of Draft and Final CAAP
Dudek will present the Draft and Final CAAP for the City Council, Planning Commission, and Parks and Community Services Commission. Dudek will prepare a PowerPoint and talking points and will be available to answer questions.

Role of City Staff:
 Provide consolidated comments on the presentation materials Assumptions
 In-person attendance will be utilized for two of these meetings, and virtual attendance will be utilized for the remaining four meetings.

Deliverables
 PowerPoint materials (one round of review)
 Presentations at three meetings
TASK 9.3 Website Communication Plan
Alongside the development of the PDF layout described above, Dudek’s in-house Visual Storytelling team will work with the City to develop an online communication plan for the CAAP. The final product will be a user-friendly and accessible communication tool for the CAAP.

Dudek recommends an easy-to-read
public-facing implementation plan
and retaining an Excel file that each
department can use during CAAP
implementation, which will support
Task 11.
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The final product will be built using a program that the City’s technical team is comfortable working with or it may be built within the City’s existing infrastructure using programs. The end result will be editable by the City, in the event that future amendments are incorporated.

Dudek will collaborate with City staff to identify their website communication plan preferences and prepare an outline of content for City review and approval. Dudek will provide web-based content up to the allocated Task 9.3 budget.

Role of City Staff:
 Provide consolidated comments on the Draft online plan layout  Provide consolidated comments on the first Draft online plan  Technical coordination with Dudek staff during transfer of content Assumptions
 If the City selects an ESRI product, such as Experience Builder or StoryMap, no web translation is available at this time, but translation services could be provided as an additional fee. If the City selects a program that provides Google Translate, such as WordPress, web translation can be provided by the web host at no additional fee. Translation of the online plan by Dudek staff or Excel Interpreting and Translating, which can be more accurate that Google Translate, is not included but can be provided for an additional fee. Dudek will review the pros and cons of each web-based host to help the City select what best fits their needs.

Deliverables
 One Draft online plan layout
 Two full Draft online plans incorporating revisions from City staff prior to public review  One Final online plan updated after adoption
TASK 10: CALIFORNIA ENVIRONMENTAL QUALITY ACT ANALYSIS
Dudek will assess the CAAP and determine any potential physical impacts on the environment that could result from implementation of the CAAP. For the purposes of this scope of work, Dudek has assumed that preparation of an Initial Study/Negative Declaration (IS/ND), in compliance with California Environmental Quality Act (CEQA) Guidelines Section 15183.5, is appropriate because the goal is to develop a self-mitigating CAAP.

Dudek will analyze potential impacts to aesthetics, conflicts with habitat conservation plans, and cultural resource impacts resulting from potential energy efficiency and renewable energy retrofits of existing historical buildings, as applicable. The environmental analysis will also provide qualitative analyses of reduced criteria air pollutants, energy consumption, GHG emissions, VMT, and noise levels resulting from implementation of the CAAP. A qualified GHG reduction plan may be used by future development projects as the basis for GHG analysis in their CEQA documents.

The CEQA tiering mechanism (developed as part of Task 11) will serve as a CAAP consistency checklist in accordance with CEQA Guidelines Sections 15183.5, 15064(h)(3), 15130(d), and 15183(b). -78-
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Once the environmental analysis is completed, Dudek will provide an Administrative Draft of the IS/ ND using the CEQA IS format to answer the threshold questions provided in Appendix G of the CEQA Guidelines. Upon receipt of City comments, Dudek will submit a Public Review Draft for approval. Dudek will prepare a Draft and Final Notice of Intent and Notice of Completion for the City’s review and concurrence. Filing fees will be provided by the City. Dudek will upload the Public Review Draft IS/ND and Notice of Completion to the State Clearinghouse to begin public review. As Section 21091(d) of CEQA does not require response to comments for an IS/ND, none are included. After the close of public review, Dudek will prepare and submit a Draft and approval version of the Final IS/ND to the City. Dudek will prepare and file the Notice of Determination with the County Clerk within 5 days of certification of the Final IS/ND. The City will be responsible for any applicable filing fees (i.e., county clerk filing fee and California Department of Fish and Wildlife filing fee).

This scope of work assumes up to three virtual team meetings and no attendance of public meetings or hearings.

This effort also includes internal administrative coordination and invoicing tasks for 6 months of IS/ND preparation and approval. Project extensions may require a budget augment for this task.

Role of City Staff:
 Review and provide consolidated comments on materials provided  Pay all applicable fees
Assumptions:
 No cultural records search will be included because the team will use the City’s local register of historic resources or Assembly Bill 52 consultation assistance.
 No surveys or fieldwork will be conducted.
 No quantification of technical analyses, such as air quality, VMT, or noise, would be included, and no technical reports would be provided.
 Dudek will provide electronic copies of all CEQA deliverables. Print copies will be completed at cost and billed to the City on an as-needed basis.
 The Dudek team will not attend public scoping meetings, planning commission meetings, or City council hearings.

Deliverables:
 Administrative Draft IS/ND
 Public Review Draft IS/ND
 Draft and Final Notice of Intent, Notice of Completion, and Notice of Determination  Final IS/ND
Meetings:
 Three virtual meetings with City staff to discuss and complete task deliverables The CEQA analysis will provide for
efficient tiering and streamlining of
future development projects based
on the qualified CAAP.
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TASK 11: PROGRESS MONITORING AND REPORTING
The Dudek team will develop a progress monitoring and reporting plan using the Excel sheet developed in Task 8 as the base. As noted above, the Dudek team provides inventory tools that are flexible and can be uploaded into ClearPath for the GHG inventory; as such, the progress tracking will similarly provide the City flexibility in deciding whether to use ClearPath. The standalone Excel-based monitoring tool can be used on its own and will be simple and easy for the City to implement. However, if the City prefers to use ClearPath, the Dudek team can use this tool within the same proposed budget. Dudek will create an Excel sheet for each relevant City department. This will include the internal tracking metrics developed in Task 8 and external tracking metrics that influence the GHG reductions. For external metrics, Dudek will outline where the data is maintained and how often it is updated.

In addition, the Dudek team will provide City staff with a CAAP progress report template that will take the data obtained from the monitoring and tracking tools described above and provide it in a format that is easily understood by the public and decision makers. We recommend the City provide formal CAAP progress reports annually.

To track progress associated with new development and provide a clear approach for CEQA streamlining of future development projects, Dudek will either develop a CAAP checklist or GHG screening tables, depending on City preference. A CAAP consistency checklist would identify specific key attributes or best management practices for different land uses (e.g., residential, office, and industrial) to achieve, support, and otherwise not conflict with the City’s CAAP measures. GHG screening tables include a menu of GHG-reducing options that correspond to measures within the forthcoming CAAP. Each option within the GHG Screening Table would have an associated point value that corresponds to minimum emissions reductions expected and can be incorporated into new development projects as mitigation or project design features. This system will allow for clear CEQA streamlining and efficient tiering from the CAAP in addition to tracking co-benefits related to adaptation.

Role of City Staff:
 Review and provide one round of consolidated comments Assumptions:
 The City will provide Dudek with a list of relevant data that the department already tracks.  The City’s permit application software/hardware are up to date and able to incorporate additional algorithms that calculate GHG emissions into the database inquiries. 
Deliverables:
 Excel monitoring spreadsheet
 CAAP consistency checklist or GHG screening tables (Word or Excel)  Versatile template for annual reporting of the CAAP progress Meetings:

If desired, the CEQA tiering may be
augmented to include a quantitative
threshold for new development such
as an efficiency metric (e.g., per
service population, per resident,
and/or per employee.)
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 Correspondence as necessary with City staff to discuss and complete task deliverables TASK 12: MARKETING AND COMMUNICATIONS PLAN
Dudek will create a public-facing executive summary as part of the web-based plan (Task 9.4). The implementation plan (Task 8) will identify the tools used to implement each measure (i.e., code changes, infrastructure, and voluntary programs). Effective community messaging as to the CAAP’s purpose, process, and outcomes will be a part of Task 3 and Task 9.4, and the web- based plan will also aim to improve the public’s understanding of climate change and CAAP goals.

Dudek’s Visual Storytelling team will create simple infographics that quickly communicate the key elements (cost, reduction potential, tracing/adoption metrics) that can be used as media for the CAAP as part of the web-based plan (Task 9.4) and Stakeholder Engagement and Community Outreach Strategy (Task 3). As part of Task 12, the Visual Storytelling team will help provide materials to set up the CAAP website. The CAAP website can be integrated into the City’s Division of Energy and Sustainability under the Public Services Department webpage.

As part of Task 12, Dudek will develop a suite of actions by CAAP sector or theme that individual community members can do to reduce GHG emissions and/or increase resiliency. This “What Can You Do” list is intended to garner participation and support for CAAP mitigation and adaptation measures. The “What Can You Do” list will provide initial available resources and references to educational materials. The individual community actions will be integrated into the PDF plan, web-based plan, and marketing materials.

Role of City Staff:
 Review and provide one round of consolidated comments Assumptions:
 The Community Action Toolkit will be an Appendix to the CAAP and will be formatted in Task 9.  The CAAP website will be hosted on the City’s government website and the City will upload Dudek-provided content to the website.

Deliverables:
 A CAAP-specific “What Can You Do” List
 Up to 30 hours of Visual Storytelling team staff time to help set up the project website Meetings:
 None
We will present GHG emissions on a
per-capita unit to show the reader
the average community member's
annual potential impact in the CAAP
(Task 9).
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3 QUALIFICATIONS AND

EXPERIENCE OF THE FIRM

1. CORPORATE INFORMATION
Name of Corporation Dudek
Office Street Address Headquarters: 605 Third Street, Encinitas, CA 92024 State of Incorporation California
Date of Incorporation 09/01/1983
Officers Joseph Monaco, Eric Wilson, Bob Ohlund, Amy Paul Local Office Address 27372 Calle Arroyo, San Juan Capistrano, CA 92675 Date of Local Office Opening 07/01/1996

2. PARTNERSHIP OR JOINT VENTURE
Not applicable

3. BUSINESS OWNED AND CONTROLLED BY DUDEK
Dudek's subsidiary, Habitat Restoration Sciences, is wholly owned by Dudek.

Business Name and Address Habitat Restoration Sciences, 1217 Distribution Way, Vista CA 92081 Business Owner Dudek

4. PAST BUSINESS MANAGER ROLES
Dudek’s project manager, Jennifer Reed, has not served in a role as officer, director, or partner doing similar business in California.

5. YEARS UNDER PRESENT BUSINESS NAME
Dudek was “Dudek and Associates” prior to 2006. Dudek has been in business under its present name for 17 years.

6. RELEVANT CONTRACTS
The Dudek team has extensive experience developing transformative plans for public agencies throughout California that align with the size and scope of the requested CAAP for the City, as demonstrated through our extensive list of current and previous relevant contracts, which are outlined in Table 2. Each project features icons relevant to the City's CAAP, which are defined at the bottom of page 21. Due to the size and breadth of information, select relevant project reports The Dudek team's
collective experience
includes adoption of over
70 CAPs for the reduction
of GHG emissions
and background information are hyperlinked in the table. Additional documentation can be provided upon request. Table 2 provides a minimum of five references for Dudek's similar size and scope projects in California, in addition to references from our subconsultants. Further references are included in Appendix A.
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ACTION ADAPTATION OUTREACH IMPLEMENTATION
Project, Client, and Contact Team Length of Time Scope of Work Yolo County CAAP
Client: Yolo County
Kristen Wraithwall, Sustainability
Manager
530.666.8150
Jennifer Reed,
Sarah Halterman,
Rose Newberry,
Henry Eckold, Shane
Russett, Thomas
Lenihan, Raoul Rañoa,
Melanie Betlach,
Michael Hendrix
Consulting, Fehr &
Peers, M.Cubed
2022 – Ongoing Developing Yolo County’s CAAP, including comprehensive public outreach guided by a Community Engagement and Equity Strategy, a greenhouse gas (GHG) emissions inventory, a climate vulnerability assessment, an implementation and monitoring plan, funding strategies, and resource management tools to help achieve the County’s goals of carbon negative and improved climate resilience.

City of Agoura Hills CAAP
Client: City of Agoura Hills
Ramiro Adeva, PE
818.597.7342
Michael Hendrix
Consulting
2019 – 2022 Conducted community and stakeholder outreach; developed a baseline GHG emissions inventory, which included a citywide vehicle miles traveled (VMT) analysis; set targets and GHG reduction measures; downscaled global climate modeling to forecast climate change impacts within the City; prepared climate risk analysis and adaptation measures; and prepared microgrid strategies for critical facilities and community centers. Also provided California Environmental Quality Act (CEQA) compliance in the form of an initial study/negative declaration and an automated tracking and reporting system.

City of Rialto Climate Adaptation
Plan
Client: City of Rialto
Amparo Corona, Budget and
Financial Analyst
909.421.7244
Rose Newberry,
Henry Eckold, Raoul
Rañoa
2019 – 2021 Developed a vulnerability assessment to analyze the city’s specific exposure and vulnerability to air pollution, extreme heat, fire, and floods, and how those hazards specifically affect disadvantaged and vulnerable communities. We created specific equity and climate metrics to track implementation of policy and to evaluate the plan’s ability to meet the specific needs of disadvantaged communities during future implementation and monitoring. Plan development also included a comprehensive capability assessment.

Table 2. Relevant Projects Summary
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ACTION ADAPTATION OUTREACH IMPLEMENTATION
Project, Client, and Contact Team Length of Time Scope of Work San Diego Association of
Governments (SANDAG) San
Diego Regional Resilience Tool
Client: SANDAG
Jeff Hoyos, Senior Planner
619.699.1932
Rose Newberry,
Henry Eckold
2022 – Ongoing Developing a resilience tool to assist local planners and project managers within the San Diego region in identifying which climate adaptation and environmental justice strategies should be implemented. The tool utilizes a framework to rank adaptation measures by feasibility, cost, co-benefits, and Environmental Justice (EJ) impacts to help local governments best identify strategies that meet the needs of their communities. Our team also developed a complimentary toolkit that helps regional governments understand recent legal requirements and align planning efforts to meet applicable climate and EJ regulations.

Vacaville Energy and
Conservation Action Strategy
(ECAS) Update
Client: City of Vacaville
Gwen Owens, City Traffic
Engineer 707.449.5174
Jennifer Reed,
Sarah Halterman,
Rose Newberry,
Henry Eckold, Raoul
Rañoa, Melanie
Betlach
2020 – 2021 Updated the ECAS to meet the state’s 2030 GHG reduction goals and demonstrate substantial progress towards the 2050 goal. Building upon the City’s previous strategies, we updated GHG emission inventories and forecasts, identified GHG reduction targets, and developed locally applied actions to reduce GHG emissions from community-wide activities.

Chino Climate Action Plan
(CAP)
Client: City of Chino
Warren Morelion, AICP, City
Planner
909.334.3332
Michael Hendrix
Consulting
2010 – 2022 Assisted the City of Chino and Arup North America Ltd. in the development, adoption, and defense of the 2013 Chino CAP. The project included a climate change risk analysis and adaption measures to address climate change impacts within the City. The CAP provides a legally defensible document that future projects can tier from during the CEQA process, which now streamlines project approval and implementation.
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ACTION ADAPTATION OUTREACH IMPLEMENTATION
Project, Client, and Contact Team Length of Time Scope of Work Sustainable Santee Plan
Client: City of Santee
Chris Jacobs, Principal Planner
619.258.4100, ext. 182
Michael Hendrix
Consulting
2014 – 2020 Developed the Sustainable Santee Plan (the City’s version of a CAP) using the Statewide Energy Efficiency Collaborative (SEEC) ClearPath inventory and planning tool and included GHG emission inventories, forecasts, reduction targets, and reduction measures. A SEEC ClearPath tool guidebook was developed to assist City staff with inventory updates and monitoring. Plan development also required preparation of an energy action plan, which was funded through SDG&E’s Emerging Cities Program.

Carmel-by-the-Sea Greenhouse Gas
Emissions Technical Support in the
Development of a CAP
Client: City of Carmel-by-the-Sea
Agnes Martelet, Associated Director of
Sustainability
831.620.2078
Michael Hendrix
Consulting
2021 – 2022 Worked with City of Carmel-by-the-Sea staff and the Climate Change Committee (a group of stakeholders including local business owners and residents) to update the GHG emission inventories, forecast future GHG emissions, and recommend interim reduction targets and GHG reduction measures, with the goal of bringing Carmel-by-the-Sea to net carbon neutrality. Innovative approaches were applied to accurately estimate VMT from tourism and identify strategies to effectively address this unique VMT source.

Holistic Implementation of Adaptation
and Transportation Resilience
Strategies Contract
Client: SANDAG
Allison Wood, Senior Regional Planner
619.699.1973
Rose Newberry,
Raoul Rañoa,
Melanie Betlach
2020 – 2022 Prepared a tool and toolkit that local jurisdiction planners and project managers can use to identify what adaptation strategies should be implemented and why.
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ACTION ADAPTATION OUTREACH IMPLEMENTATION
Project, Client, and Contact Team Length of Time Scope of Work San Diego Regional TerraCount
Assessment Project
Client: SANDAG
Allison Wood, Senior Regional Planner
619.699.1973
Jennifer Reed,
Raoul Rañoa,
Melanie Betlach
2020 – 2022 Conducted a carbon storage and sequestration study for the San Diego Region, which provided jurisdiction-level accounting of carbon storage, sequestration, and GHG emissions for natural and working lands.

Carbon Storage and Sequestration
Assessment for Four Watersheds of San
Diego County
Client: San Diego Canyonlands and San
Diego River Conservancy
Clayton Tschudy, Executive Director
619.546.7707
Jennifer Reed,
Sarah Halterman,
Shane Russett, Mark
McGinnis, Raoul
Rañoa
2021 – 2022 Developed an assessment of the carbon storage and sequestration potential of the natural and working lands for the Otay River, San Diego River, Sweetwater River, and Tijuana River watersheds of San Diego County.

Eastern Coachella Valley Action Plan for
Climate Resilience
Client: Coachella Valley Association of
Governments
Erica Felci, Chief Operating Officer
760.346.1127
Rose Newberry,
Henry Eckold, Raoul
Rañoa
2018 – 2020 Led the team preparing the Eastern Coachella Valley’s Action Plan for Climate Resilience by working with local stakeholders and regional agencies to identify policy gaps and plan projects.

Project priorities were developed based on climate-related hazards, engagement results, and aspects of grant eligibility. The final plan provides a clear overview of climate risks to the area, options for building resilience and creating other co-benefits for the community, and potential grant opportunities.
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ACTION ADAPTATION OUTREACH IMPLEMENTATION
Project, Client, and Contact Team Length of Time Scope of Work Transformative Climate Communities
Client: City of Indio
Kevin Snyder, Community Development Director
760.391.4000
Rose Newberry,
Henry Eckold,
Raoul Rañoa,
Melanie Betlach
2020 – 2021 Prepared the City of Indio’s Transformative Climate Communities Plan. The plan is a roadmap to identify
and prioritize projects and investments in the City of
Indio’s Jewel Community to support neighborhood-
level environmental, public health, workforce, and
economic benefits.

Prop 68 Technical Assistance Program: Communication,
Engagement, Facilitation, and Technical Assistance for
Tribal Governments and Unrepresented Communities
Client: California Department of Water Resources (DWR)
Kelley List, Programmatic Project Manager
916.651.9222
Raoul Rañoa,
Melanie Betlach,
Henry Eckold
2021 – Ongoing Working with the California Department of Water Resources (DWR) on outreach, communication,
engagement, and facilitation with GSAs, tribal
governments, and underrepresented communities, as
well as technical assistance and support services for
the Technical Assistance Program.

Newport Beach General Plan Update
Client: City of Newport Beach
Jim Campbell, Deputy Community Development Director
949.644.3210
Rose Newberry,
Henry Eckold
2023 – Ongoing Preparing a comprehensive update to the city’s General Plan, including outreach, branding, and
updating General Plan elements.
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ACTION ADAPTATION OUTREACH IMPLEMENTATION
Project, Client, and Contact Team Length of Time Scope of Work Western Riverside Council of Governments Climate
Action Plan
Client: Western Riverside Council of Governments
Chris Gray, Deputy Executive Director
951.405.6710
Fehr & Peers,
Michael Hendrix
Consulting
2014 – 2015 Provided support on the update to the Western Riverside County Climate Action Plan.

Orange County Transportation Authority Rail
Infrastructure Defense Against Climate Change
Client: Orange County Transportation Authority
Jason Lee, Project Manager
714.560.5833
Fehr & Peers 2019– 2021 Assessed station area amenities and first/last mile facilities to understand the risks and opportunities posed by climate change—in particular high heat exposure—at 12 stations.

California Air Pollution Control Officers Association
GHG Handbook
Client: Sacramento Metropolitan Air Quality
Management District
Laura Yoon, ICF Project Manager
916.737.3000
Fehr & Peers 2020 – 2021 Developed CAPCOA’s Handbook for Analyzing Greenhouse Gas Emission Reduction, Assessing Climate Vulnerabilities, and Advancing Health and Equity, which was an update
to their 2010 guidance. Fehr & Peers contributed to a new literature review of transportation strategies related to GHG and VMT reduction and identified the adaptation co-benefits of transportation strategies. The handbook is the industry standard for VMT and GHG mitigation measures, and it and captures new research over the past decade and CEQA
compliance advancements made to address Senate Bill (SB) 743.
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ACTION ADAPTATION OUTREACH IMPLEMENTATION
Project, Client, and Contact Team Length of Time Scope of Work South Bay Cities Council of Governments (SBCCOG) CAPS, Land Use and Transportation Chapters
Client: South Bay Cities Council of Governments
Jacki Bacharach, Executive Director
310.377.8987
Shannon
Heffernan,
Fehr &
Peers
2017 – 2018 Partnered with SBCCOG and Fehr & Peers to
create Land Use and Transportation CAPs for
each of the South Bay cities. (Outreach Task Lead
Shannon Heffernan, while at a previous firm)
Delta Climate Change Vulnerability Analysis
Client: Delta Stewardship Council
Morgan Chow, Sr. Environmental Planner
510.316.5026
M.Cubed 2020 – 2023 Estimated the amount of economic assets and activity exposed to the hazards of increased
climate volatility within the Sacramento-San
Joaquin Rivers Delta and dependent on water
exports.

Imperial County Climate Action Plan
Client: Imperial County Transportation Commission
Virginia Mendoza, Program Manager
760.592.4494
M.Cubed 2019 – 2021 Prepared a cost effectiveness analysis of the individual proposed GHG emission control
strategies for Imperial County and its individual
jurisdictions.

Barriers, Perceptions, and Potential Solutions to Shipper Adoption of Zero- Emission Transportation
Client: Environmental Defense Fund
James Fine, Sr., Economist
916.710.3371
M.Cubed 2022 – 2022 Identified barriers to adoption of zero-emission trucking and proposed solutions that can be
encouraged and supported by investors with
environmental, sustainability, and governance
objectives.
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7. QUALIFICATIONS, EXPERIENCE, AND ABILITIES
To address the City’s climate action and adaptation goals, we have assembled a carefully selected local team of experienced climate experts, sustainability planners, economists, transportation engineers, and outreach and engagement practitioners. We are a cohesive, interdisciplinary team with demonstrated success working together to address unique challenges related to GHG emissions reduction and climate resiliency in California. Given our success with ongoing and past projects, we feel well positioned to deliver an equitable plan that engages the City’s diverse group of stakeholders, incorporates innovative strategies, and is easily implemented.

Most notably, Dudek, Michael Hendrix Consulting, Fehr & Peers, and M.Cubed are currently working together with Yolo County to develop their CAAP, which will outline strategies to achieve negative carbon emissions by 2030 and promote holistic resilience while centering equity and a Just Transition. An initial milestone of this effort includes development of the Community Engagement and Equity Strategy to effectively engage groups critical to the plan’s success. Our tailored, multipronged engagement strategy mirrors the diverse group of stakeholders within the County, which includes the agricultural community, Tribes, businesses, youth, marginalized groups, as well as relevant agency partners such as County staff and the County’s Climate Action Commission. While still in progress, the final plan will include a comprehensive suite of cross-cutting strategies to address both mitigation and adaptation to efficiently leverage resources and achieve the County’s ambitious reduction goals.

Each member of the Dudek team is preeminent in their field and will contribute to the success of the multifaceted CAAP endeavor. Our individual teams’ strengths and accomplishments are summarized below.

DUDEK EXPERTISE
Dudek is staffed by more than 800 planners, urban designers, geographic information system (GIS) experts, CEQA practitioners, environmental specialists, civil engineers, contractors, and support staff. We assist developers, nonprofits, and agency clients on a broad range of projects that improve our clients’ communities, infrastructure, and natural environment. From planning, design, and permitting, through construction, we move projects through the complexities of regulatory compliance, budgetary and schedule constraints, and conflicting stakeholder interests.

SUBCONSULTANT EXPERTISE
Michael Hendrix Consulting – Action Planning
Michael Hendrix Consulting (MHC) is a dynamic sustainability and climate action planning firm that provides individual solutions to each client, drawing upon 26 years’ experience on over 70 climate action plans (CAPs). MHC assists with high-priority projects where unique environmental compliance issues need innovative solutions.

MHC provides useful and implementable strategies within plans, programs, and projects that increase the health, welfare, and safety of communities. This reflects the firm’s belief that analyses and plans need to function in a coherent, efficient, and implementable fashion that fit the project, local government, and character of the community.
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | 3 / Qualifications and Experience of the Firm
Fehr & Peers - Traffic
Fehr & Peers partners with communities to understand and shape local transportation futures objectively tailored to diverse needs. The firm has performed climate-related modeling and mitigation services for more than 20 years and has worked on more than 50 climate action plans, including the those for the Cities of Santa Ana, Irvine, San Clemente, Laguna Beach, and Oxnard, as well as the Orange County Transportation Authority Rail Defense Against Climate Change.

Their climate mitigation work balances the need to travel with community reduction goals for GHGs and other pollutant emissions. Their adaptation work assists clients in imagining future alternatives that respond to a changing climate and long-term, community-identified mobility needs. Their resilience work supports clients in planning for and responding to transportation system disruptions caused by climate change and other natural disasters, to keep people connected to the places they need to go.

M.Cubed (SBE) - Economics
M.Cubed provides economic and public policy consulting services to public and private sector clients. Practice areas include project impact analysis, water and energy utility resource planning and ratemaking, resource use efficiency and conservation measures, regional economic modeling, natural resource allocation policies, and environmental plan preparation and review.

M.Cubed is familiar with the institutional settings and constraints that dictate policy choices in the environmental, energy, water, solid waste, utility regulation, agricultural, and economic development arenas. The firm regularly manages interdisciplinary teams of analysts to solve multifaceted policy problems. With access to a wide range of research and computing facilities, as well as extensive statistical, econometric, and mathematical model building capability, M.Cubed is well positioned to provide clients with the detailed analyses required by today's complex economic and natural resource policy issues.

M.Cubed’s SBE certification is included with the required forms in Appendix A.

HELPING YOU PLAN, ADAPT, AND RECOVER
As communities strive to build resilience in the face of a changing climate, the Dudek team helps clients plan, adapt, and recover with an equity-focused lens. Climate resilience may take various approaches, but it always requires assessing risks and vulnerabilities, measuring readiness and adaptive capacity, and quantifying potential impacts to address how climate change will create new climate-related risks or alter current ones.

MICHAEL HENDRIX PREPARED THE CAAP

FOR THE CITY OF AGOURA HILLS, WHICH

INCLUDED COMMUNITY AND STAKEHOLDER

OUTREACH, BASELINE GHG EMISSIONS

INVENTORY, TARGET SETTING AND GHG
REDUCTION, AND MORE.
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | 3 / Qualifications and Experience of the Firm
We help communities adapt to a changing climate by preparing customized guidance documents, toolkits, and policy recommendations. Choosing the Dudek team to support your goal gives you access to planners and scientists who bring a custom solution to any problem. Dudek specializes in equity planning, including environmental justice elements and transformative climate communities plans. Our comprehensive team of experts will help you achieve your climate resilience goals.

PUBLIC AGENCY KNOWLEDGE AND EXPERIENCE
Dudek has 43 years’ experience with government agencies in Southern California and is well versed in the needs of local cities. We have built a strong reputation for helping public officials effectively progress through California’s ever-increasing regulatory maze, providing the appropriate team of experienced environmental professionals unique to each project.

We bring our depth of technical knowledge, experience, and successful project management approach to each project. Our professionals are trained to understand government agencies’ processes and apply our expertise within that structure, resulting in maximized efficiency without sacrificing valuable time and energy.

8. PARTICIPATION IN AND CONTRIBUTIONS TO LOCAL COMMUNITY Dudek is committed to community involvement by implementing a variety of programs, including the following:

DuGood. Dudek’s philanthropic initiative seeks to support the communities in which we live and work through charitable and volunteer contributions that support nonprofit organizations across the nation.

Dudek donates 1% of our annual profits to invest in communities. Launched in 2015, our annual Team Challenge has seen 67 teams raise more than $154,000 for 51 non-profit organizations whose causes the teams believe in. Dudek has matched more than $64,000 in donations to these charities.

DuGreen. Dudek’s green team works to improve our
environmental footprint by establishing company-wide best practices and providing employee education. We support
environmental organizations (such as Solana Center for
Environmental Innovation and Computers 2 Kids San Diego) through event participation, donations, and employee
education. Key personnel on this proposal prepared
Dudek’s Sustainability Plan, which is our company-wide
strategy for reducing our environmental impacts.
eDUcate. Dudek’s educational outreach initiative aims
to foster interest in careers in the environmental and
engineering field by participating in educational events in our communities at local high schools, colleges, and more.

DUDEK IS COMMITTED TO CONTRIBUTING TO

OUR LOCAL COMMUNITIES, DEMONSTRATED

BY REGULAR STAFF TREE-PLANTING EVENTS
IN COMMUNITIES NEAR OUR 18 OFFICES.
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | 4 / Project Approach/Methodology
4 FINANCIAL

CAPACITY
Dudek is a 100%-employee-owned corporation that has been profitable each year since its founding in 1980. The firm is in sound financial condition and has no financial issues that would impede our ability to provide the services sought for this contract. We have a strong, experienced, fiscally responsible management team.

Our reviewed financial statements are included with the required forms in Appendix A. 5 KEY

PERSONNEL
The Dudek team is comprised of experienced, capable
personnel who will be devoted to the City’s CAAP. Key
management personnel of the City’s CAAP includes Project Manager Jennifer Reed, who will be responsible for day- to-day management and overseeing the CAAP. Deputy
Project Manager Sarah Halterman will support Ms. Reed in management of key tasks.

Graphic Exhibit 3 outlines staff roles, functions performed, and lines of communication.

The Dudek team includes
three members of the AEP
Climate Change Committee,
which provides statewide
guidance on GHG emissions
quantification, local climate
action planning, and the
relationship between
GHG emissions and CEQA
environmental review.

DUDEK HAS WORKED WITH AND IN THE CITY OF COSTA

MESA FOR MORE THAN TWO DECADES, INCLUDING

PROVIDING ENVIRONMENTAL SERVICES ON THE
TALBERT REGIONAL PARK MASTER PLAN PROJECT.

OUR TEAM IS CURRENTLY SERVING AS AN ON-CALL
ENVIRONMENTAL CONSULTANT TO THE CITY.
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5 / Key Personnel
Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek Graphic Exhibit 3. Organization Chart
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5 / Key Personnel
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | Table 3. Resumes
Table 3 details the Dudek Team's resumes.

Name, Position, and Contact
Information
Education Years and Type of
Experience
Select Relevant Transactions
Project Management
Jennifer Reed, Project Manager
949.373.8333
[email protected]
UC Santa Barbara
BA, Environmental Studies
BA, Geography
17 years
Air quality, GHG
emissions, planning,
and team management
\ Yolo County CAAP
\ San Diego County Water Authority CAP
Update
\ Vacaville ECAS
Sarah Halterman, Deputy Project
Manager
619.591.1373
[email protected]
UCLA
MA, Geography
University of Maryland,
College Park
BS, Environmental
Science and Policy: Global
Environmental Change
10 years
Air quality and climate
change
\ Yolo County CAAP
\ San Diego County Water Authority CAP
Update
\ Carbon Storage and Sequestration
Assessment for Four Watersheds of San Diego
\ City of Coronado CAP
Action
Michael Hendrix, Action Lead
(Michael Hendrix Consulting)
760.244.1568
mhendrix@
michaelhendrixconsulting.com
UC Riverside
BS, Environmental Science
26 years
Air quality, GHG
emissions analysis,
climate change
analysis, and climate
action planning
\ Yolo County CAAP
\ Agoura Hills CAAP
\ Ontario Municipal and Community CAPs
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5 / Key Personnel
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | Name, Position, and Contact
Information
Education Years and Type of Experience Select Relevant Transactions Shane Russett, Planning
510.601.2505
[email protected]
UC Berkeley
BA, Atmospheric Science
3 years
Biogeochemistry and
atmospheric science
\ Yolo County CAAP
\ Newport Beach Newport Bay
Crossing Project IS/MND
Thomas Lenihan, Planning
805.308.8537
[email protected]
UCSB
MESM, Energy and Climate
UCSB College of Creative Studies
BA, Biology
2 years
Energy demand analysis,
carbon accounting, and
environmental policy analysis
\ Yolo County CAAP
\ Surf Cup Sports Park EIR and
Tech Studies
Chelsea Richer, AICP,
Transportation (Fehr & Peers)
213.261.3082
[email protected]
UCLA
MURP
University of Chicago
BA, Environmental Studies and Public
Policy
14 years
Transportation planning
\ Oxnard CAP
\ OCTA Rail Defense Against
Climate Change
\ La Cañada Flintridge CAP
Update
Delia Votsch, PE, Transportation
(Fehr & Peers)
949.308.6323
[email protected]
Drexel University
BS, Civil Engineering
10 years
Transportation engineering
and planning
\ Laguna Beach CAP
\ Western Riverside Council of
Governments CAP Update
Adaptation
Rose Newberry, AICP, WEDG,
Adaptation Lead
971.930.1715
[email protected]
Cal Poly San Luis Obispo
MCRP, Environmental Planning and
Sustainability
Humboldt State University
BS, Environmental Management and
Protection/
Natural Resources Planning
8 years
Environmental justice and
climate adaptation
\ Yolo County CAAP
\ San Diego County Water
Authority CAP Update
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5 / Key Personnel
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | Name, Position, and Contact
Information
Education Years and Type of
Experience
Select Relevant Transactions
Henry Eckold, Planning
760.479.4823
[email protected]
Cal Poly San Luis Obispo
MCRP, City and Regional Planning
BS, Environmental Management and
Protection
4 years
Climate action/adaptation
planning and general
planning
\ Vacaville Energy and Conservation
Action Plan Update
\ Rialto CAP
Joshua Baehr, Planning
949.373.8328
[email protected]
UC, Irvine
Master of Urban and Regional
Planning (expected 2024)
University of Arizona
BA, Psychology
4 years
Climate resilience, water
pollution policy, and coastal
resource management
\ Yolo County CAAP
\ SANDAG On-Call Climate Resilience
Services
Outreach
Shannon Heffernan, AICP,
Outreach Lead
626.204.9827
[email protected]
USC
Executive Master of Urban and
Regional Planning
Cal Poly San Luis Obispo
BS, City and Regional Planning
16 years
Community planning,
visioning studies, and urban
design
\ SBCCOG Land Use and
Transportation CAP
\ SCAG Other-to-Residential Toolkit
Grant Sles, Outreach
Specialist/Translation
805.308.8523
[email protected]
UC Davis
BS, Environmental Policy Analysis and
Planning
4 years
Housing policy, active
transportation, and
community engagement
\ Yolo County CAAP
\ UC Davis Campus Energy
Conservation Plan
CEQA
Daria Sarraf, CEQA Lead
949.373.8300
[email protected]
USC
MA, Environmental Studies
BM, Harp Performance
8 years
Environmental planning, air
quality, GHG emissions
\ LA County Department of Regional
Planning Centennial Specific Plan
Project EIR
\ LA County Metro Area Plan PEIR
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5 / Key Personnel
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | Name, Position, and Contact
Information
Education Years and Type of
Experience
Select Relevant Transactions
Rachel Struglia, PhD, AICP,
CEQA
949.373.8318
[email protected]
UC Irvine
PhD, Environmental Analysis and
Design
Arizona State University
MS, Justice Studies
University of Connecticut
BA, Anthropology
24 years
Managing CEQA/NEPA
documents
\ Laguna Hills General Plan EIR Five
Lagunas Addendum
\ Long Beach Haynes Generating
Station Intake Channel Infill Project
MND
Hayley Ward, CEQA
949.373.8320
[email protected]
University of San Diego
BA, Environmental and Ocean
Sciences
2 years
Environmental and ocean
sciences
\ Newport Beach Newport Bay
Crossing Project IS/MND
\ Santa Monica City Yards Master
Plan EIR Addendum
Support Staff
Mark McGinnis, GIS
760.479.4298
[email protected]
SDSU
MA, Geography
UC Santa Barbara
BA, Geography
23 years
Geospatial technologies and
application development
\ SBCCOG Land Use and
Transportation CAP
\ Rancho Mission Viejo Company
Initial Management Action Plan
Raoul Rañoa, Graphic Design
626.204.9832
[email protected]
Cal Poly Pomona
BA, Communications
24 years
Visual storytelling, climate
resiliency projects
\ Rialto CAP
\ Yolo County CAAP
\ DWR Prop 68 Technical Assistance
Program: Communication,
Engagement, Facilitation, and
Technical Assistance for Tribal
Governments and Unrepresented
Communities
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5 / Key Personnel
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | Name, Position, and Contact
Information
Education Years and Type of
Experience
Select Relevant Transactions
Melanie Betlach, Graphic Design
760.479.4186
[email protected]
Academy of Art University
MFA, New Media/Computer Arts
UC Santa Cruz
BA, Biology
22 years
Graphic design, including
branding, page layout, and
outreach materials
\ Yolo County CAAP
\ DWR Prop 68 Technical Assistance
Program: Communication,
Engagement, Facilitation, and
Technical Assistance for Tribal
Governments and Unrepresented
Communities
Richard McCann, Economics
(M.Cubed)
530.757.6363
[email protected]
UC Berkeley
PhD, Agricultural and Resource
Economics
MS, Agricultural and Resource
Economics
BS, Political Economy of Natural
Resources
University of Michigan
MPP, Institute of Public Policy
Studies
38 years
Economic consulting and
vulnerability analyses
\ Delta Climate Change Vulnerability
Analysis
\ Imperial County Climate Action Plan
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Proposal for the City of Costa Mesa Comprehensive Climate Action and Adaptation Plan by Dudek | 6 COST PROPOSAL
7 DISCLOSURE
8 SAMPLE PROFESSIONAL

SERVICE AGREEMENT
9 FORMS
Dudek's cost proposal is submitted as a separate file.

To the best of our knowledge, Dudek does not have any personal relationships to disclose. The following includes our current business with the City:
\ City of Costa Mesa On-Call Environmental, Technical, and Staffing Consultant Dudek does not believe our current environmental contract will impact the outcome of the selection process or our performance on the climate action and adaptation plan project.

Dudek proposes the following modifications to the City’s Sample Professional Service Agreement:
\ 6.9. Indemnification and Hold Harmless: Add the following sentence to the end of the paragraph:
“Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City’s defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness, or willful misconduct." The required forms are included in Appendix A.
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EXHIBIT C

FEE SCHEDULE

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P2231040 (Climate Action Adaptation Plan (CAAP)) - August 2024 City of Costa Mesa
P2231040 Climate Action & Adaptation Plan - Revised August 2024

DUDEK FEE ESTIMATE
Project Team Role:

Senior Specialist
III Specialist III Specialist V Specialist II
Senior Specialist
III Analyst III Analyst III Analyst II
Project
Director/Environ
mental Specialist IV Analyst II Analyst I
Creative Services
IV
Creative Services
II GIS Analyst IV
Senior Specialist
III
Publications
Specialist lll
Team Member: Jennifer Reed Sarah Halterman Rose Newberry Henry Eckold Shannon
Heffernan Thomas Lenihan Collin Paludi Luis Valente Rachel Struglia Daria Sarraf Tuesday
Christopher Analyst I Raoul Ranoa
Creative Services
II
Christopher
Starbird Mark McGinnis
Publications
Specialist lll
Billable Rate: $235.00 $175.00 $195.00 $165.00 $235.00 $125.00 $125.00 $115.00 $285.00 $185.00 $115.00 $105.00 $175.00 $140.00 $170.00 $235.00 $115.00 Hours Fee Hours Fee Hours Fee Task 1 Project Management and Work Plan 5 0 5 0 22222 22 114 $23,130.00 26 $5,090.00 2 $390.00 $28,610.00 Task 2
Data Collection, Existing Polices Review,
and Best Practices Research 4626 1 2 1 0 1 0 1 0 60 $8,320.00 6 $1,170.00 $9,490.00 Task 3
Stakeholder Engagement and Community
Outreach Strategy 12 14 16 30 36 30 6 144 $25,940.00 $2,000.00 $27,940.00 Task 3 Public Engagement (Continued)

3.2 Pop-Ups and Events 24 48 2 0 38 $6,010.00 $6,010.00

3.3 Open House 24 48 2 0 38 $6,010.00 $6,010.00

3.4 Marketing Materials Generation 44 48 36 56 $9,220.00 $9,220.00

3.5 Survey 222 2 1 6 24 $3,520.00 $3,520.00
Subtotal Task 3 10 14 2 12 26 56 36 156 $24,760.00 $24,760.00 Task 4 Greenhouse Gas Emissions Inventory 12 32 38 32 114 $17,170.00 36 $7,470.00 56 $10,920.00 $35,560.00 Task 5
Future Emissions Scenarios and GHG
Reduction Wedge Analysis 62 0 2 0 46 $7,410.00 12 $2,340.00 $18,210.00 Task 6 GHG Emission Reduction Measures 12 32 10 50 40 4 148 $21,780.00 115 $20,020.00 60 $12,000.00 62 $12,090.00 $65,890.00 Task 7
Vulnerability Assessment and Adaptation
Measures 4 26 36 50 70 16 2 16 220 $29,600.00 $29,600.00 Task 8 Implementation Plan 10 12 10 12 20 16 16 16 6 118 $17,090.00 84 $16,800.00 16 $3,120.00 $37,010.00 Task 9 Climate Action and Adaptation Plan

9.1 PDF Plan 26 30 12 20 26 26 28 18 15 50 62 313 $45,365.00 28 $5,460.00 $2,000.00 $52,825.00

9.2 Presentation of Draft and Final CAAP
support 16 16 32 $6,560.00 $6,560.00

9.3 Website Communication Plan 6828 8 30 20 30 10 122 $19,820.00 $11,360.00 Subtotal Task 9 48 54 14 28 34 26 28 18 45 70 30 72 467 $71,745.00 $2,000.00 $79,205.00 Task 10
California Environmental Quality Act
Analysis 84 24 16 50 124 40 266 $38,250.00 $38,250.00
Task 11 Progress Monitoring and Reporting 10 20 10 10 10 60 $9,500.00 64 $12,480.00 $21,980.00 Task 12 Mar
keting and Communications Plan 6646 66 10 10 10 64 $10,580.00 $10,580.00 Total Hours 192 264 76 142 64 192 166 190 18 52 124 114 55 132 40 2 154 1977 177 144 246 Total $45,120.00 $46,200.00 $14,820.00 $23,430.00 $15,040.00 $24,000.00 $20,750.00 $21,850.00 $5,130.00 $9,620.00 $14,260.00 $11,970.00 $9,625.00 $18,480.00 $6,800.00 $470.00 $17,710.00 $305,275.00 $32,580.00 $28,800.00 $47,970.00 $4,000.00 $418,625.00 Percent of Hours (Base) 10% 13% 4% 7% 3% 10% 8% 10% 1% 3% 6% 6% 3% 7% 2% 0% 8% Dudek Labor Hours and Rates Subconsultant Fees
TOTAL
DUDEK
HOURS

DUDEK LABOR
COSTS
General Services General Services General Services

OTHER DIRECT

COSTS TOTAL FEE
Fehr & Peers M. Cubed
Michael Hendrix
Consulting
Dudek Project Budget Created Page 1 of 1
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EXHIBIT D

CITY COUNCIL POLICY 100-5

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279

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

BACKGROUND

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

PURPOSE

It is the purpose of this Policy to:

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

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

POLICY

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

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

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

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

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

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280

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

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

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

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

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

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

1. Abide by the terms of the statement; and

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

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

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

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

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

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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

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

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

a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

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

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

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-371 Meeting Date: 10/15/2024
TITLE:

HOUSING ELEMENT IMPLEMENTATION UPDATE & DEVELOPMENT SERVICES PROCESS

IMPROVEMENTS TO FACILITATE HOUSING DEVELOPMENT
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: ANNA MCGILL, PLANNING & SUSTAINABILITY

DEVELOPMENT MANAGER
CONTACT INFORMATION: ANNA MCGILL, PLANNING & SUSTAINABILITY DEVELOPMENT MANAGER, (714) 754-5609
RECOMMENDATION:

Staff recommends the City Council receive the staff presentation regarding Housing Element implementation progress and development services resource enhancements and provide feedback.

283

City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 24-371 Meeting Date: 10/15/2024
TITLE: HOUSING ELEMENT IMPLEMENTATION UPDATE & DEVELOPMENT SERVI CES

PROCESS IMPROVEMENTS TO FACILITATE HOUSING DEVELOPMENT

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION

PRESENTED BY: ANNA MCGILL, PLANNING & SUSTAINABILITY DEVELOPMENT MANAGER

CONTACT INFORMATION : ANNA MCGILL , PLANNING & SUSTAINABILITY DEVELOPMENT MANAGER, (714) 754-5609

RECOMMENDATION:

Staff recommends the City Council receive the staff presentation regarding Housing Element implementation progress and development services resource enhancements and provide feedback.

BACKGROUND:

On May 9, 2023, the California Department of Housing and Community Development (HCD) confirmed by letter that the City’s approved 6 th Cycle (2021 -2029) Housing Element meets the statutory requirements of State Housing Element Law and is comple te. The letter also affirmed the State’s expectation that the City would “continue timely and effective implementation of all programs”.

 State HCD May 9, 2023 letter approving the Housing Element:
https://www.costamesaca.gov/home/showpublisheddocument/54373/638198511785300000

The Housing Element, Chapter 4 Housing Plan, identifies specific programs aimed at providing additional housing opportunities, removing governmental constraints to affordable housing, improving the condition of existing housing, and providing equal housing opportunities for all residents. There are 47 programs identified in the Housing Element Chapter 4 (Housing Plan) slated for completion within the eight-year Housing Element planning period, most of which are slated for completion within three years from adoption (in 2026). Many of the approved programs are required by State law and each program is required to include a specific completion timeline.

 Housing Element, Chapter 4, Housing Plan:
https://www.costamesaca.gov/home/showpublisheddocument/52834/638133568853530000

On December 12, 2023 , staff provided the City Council a comprehensive overview of the Housing Element and its 47 programs, as well as applicable timelines and staffing for the phased implementation of these programs. A summary of the 47 programs with required timelines is attached to the December 12, 2023, Agenda Report (linked below). 284

Item #: 24-371 Meeting Date: 10/15/2024

 December 12, 2023, Study Session Agenda Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=6447567&GUID=63280D11-8166- 44E4-90A1-0F691DA8BF0F

ANALYSIS:

This presentation is intended to build from the prior study session and provide a status update on the programs and their ongoing rollout, including timelines and required resources associated with their completion.

REGIONAL HOUSING NEEDS ASSESSMENT (RHNA)/HOUSING PRODUCTION UPDATE

The City has a Regional Housing Needs Assessment (RHNA) allocation of 11,760 housing units to meet its portion of the projected regional housing needs (see Table 1 below). The City is not required to construct housing to meet its RHNA obligation; however, the City is required to have in place the land use provisions (i.e. zoning and other regulatory frameworks) and programs to facilitate housing.

Table 1: 2021 - 2029 City of Costa Mesa RHNA Housing Needs Allocation Income
Category
% of
Median
Family
Income
Income Range RHNA Allocation
(Housing Units)
Pipeline
(Housing
Units) Min. Max.

Very Low
Income
0 – 50% -- $51,500 2,919 units 392
Low Income 51 – 80% $51,501 $82,400 1,794 units 238
Moderate
Income
81 – 120% $82,401 $123,600 2,088 units 35
Above
Moderate
Income
> 120% $123,601 > $123,601 4,959 units 2,395
Total: 11,760 units 3,060

Throughout the 2021-2019 Housing Element planning period, the City continues to monitor and track the number of housing units in the “pipeline” (constituting projects within entitlement review, entitled, under construction and recently constructed). These units officially count towards the RHNA when a building permit is pulled. As of the release of the staff report, the City has 3,060 housing units in the pipeline, compromised of the following 14 distinct projects. These pipeline projects constitute approximately 26% of the City’s total RHNA allocation and are categorized as larger scale projects (Table 2) and smaller scale projects, such as Accessory Dwelling Units (Table 3).

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Table 2: City of Costa Mesa Pipeline Projects
Project Address Project
Status
Very
Low
Income
Low
Income
Moderate
Income
Above
Moderate
Income
Total
Units
1683 Sunflower
Avenue (One Metro
West)
Entitled 67 39 - 951 1,057
1711-1719 Pomona
Avenue
Entitled - - - 8 8
1540 Superior
Avenue
Entitled - - - 9 9
3333 Susan Street
(Hive Live)
Entitlement
review in
process
45 - - 1,005 1,050
3150 Bear Street Entitlement
review in
process
8 - - 138 146
960 West 16th
Street
Entitlement
review in
process
- - - 38 (live
work)
38 2020 Victoria Place Entitlement
review in
process
- - - 40 40
215-223 Mesa Drive Entitlement
review in
process
- - 1 5 6
2205 Harbor
Boulevard
Entitlement
review in
process
46 - - - 46
695 19th Street
(Jamboree Senior
Housing)
Entitlement
review in
process
35 34 - 1 70
2193 Pacific
Avenue
Entitlement
review in
process
- - - 10 10
2274 Newport
(Homekey Phase 1)
Construction
to start end
of 2024
80 - - - 80
1400 Bristol Street
(Homekey Phase 2)
Construction
to start 2025
76 - - 2 78
2039 Pomona
Avenue
(Bungalows
Project)
Constructed 8 - - - 8
Total: 2,646

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In addition, 414 small scale pipeline residential units (single-family, duplex, accessory dwelling units, etc.) are summarized by reporting year for the Annual Housing Element Progress report (October 2021-2023), included in Table 3 below. These units will count towards the City’s RHNA for the current Housing Element planning period and have also been included in the totals for Table 1 above.

Table 3: Small Scale Pipeline Projects (Single Family-Duplex, Accessory Dwelling Units, etc.)

Annual
Element
Progress
Reporting
Year
Very Low
Income
Low Income Moderate
Income
Above
Moderate
Income
Total
October
2021-
December
2022
14 78 16 24 132
2023 13 87 18 164 282
Total: 414

Fairview Developmental Center

Lastly, the City, in conjunction with PlaceWorks, is preparing a Specific Plan, General Plan Amendment, and Environmental Impact Report to guide the reuse of the 113-acre State-owned Fairview Development Center (FDC). An update to this effort is detailed later in this report. The three land use concepts shared with the public during recent outreach efforts accommodate between 2,300 and 4,000 housing units. Of these units, the land use concepts further identified the potential for 575 very low , 325-345 low, and 325-690 moderate-income housing units. Accounting for the units in pipeline projects and FDC would equate to 5,360-7,060 total units, almost 50% of the City’s RHNA.

HOUSING PROGRAMS ALREADY COMPLETED OR UNDERWAY

The December 12, 2023, City Council Study Session included a comprehensive overview of the City’s 47 housing programs committed to in the 2021-2029 planning period. The following information focuses on housing program updates, progress, and implementation since the last study session. Attachment 1 provides an overview of the 47 programs (grouped into categories for ease of reference) and associated timelines for completion.

Monitoring and Preservation of At-Risk Housing Units [Program 1C]

The City has 1,144 total housing units with affordability covenants. Of these units, 75 very-low income are located at 1844 Park Avenue (Casa Bella Apartments) and were identified as at-risk of converting to market rate during the 2021 -2029 Housing Element planning period. The City has reached out to the property management company (Moss Management Services, Inc.) and confirmed that they hold an agreement with the United States Department of Housing and Urban Development (HUD), which renews every five-years, and mandates restricting the units under an affordability covenant for the life of the project. As these units are no longer at risk of converting to market rate, this Housing Element program is considered complete.
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Promote Development of Accessory Dwelling Units (ADUs) [Program 3E]

In compliance with the Accessory Dwelling Units: Preapproved Plans Act ( AB 1332), the Economic and Development Services Advance Planning staff is developing a program for access to preapproved accessory dwelling unit plans, which will be available on the City’s website by January 1, 2025. This program will allow architects, contractors, and ADU construction companies to submit for review and approval preapproved ADU plans/designs. Costa Mesa residents would then be able to pick any of the preapproved ADU plans on the City’s website and submit for an expedited review process. Applicants will still need to provide certain property-specific information such as a site plan, Title 24 (ener gy code) analysis, roof truss calculations, etc. The program is intended to facilitate development of ADUs for Costa Mesa residential property owners who will benefit from a pre-vetted list of ADU designs that can be reviewed and approved expeditiously by the Economic and Development Services Department.

Bridge Homeless Shelter [Program 4F]

In April 2021, the City of Costa Mesa completed the construction of its permanent Bridge Shelter containing 72 beds. On June 6, 2023, the City Council approved a capacity increase to 85 beds. On August 1, 2023, the City Council approved the submission of a joint application with the Orange County Health Care Agency to the State Department of Health Care Services for funding to add yet another 15 behavioral health beds and associated services at the Shelter. The City has since received an award of $4.2 million dollars to implement the additional beds, and the Shelter’s total capacity has now increased to 100 beds. With the Shelter in full operation, the City is able to assist up to 100 residents at one time and connect them with services and potential permanent housing solutions.

In addition, on December 7, 2023, the CalOptima Board of Directors selected Costa Mesa as one of two cities to receive their innovative Street Medicine Program, which delivers primary and behavioral health care to both sheltered and unsheltered people. The Street Medicine at the Bridge Shelter launched on August 12, 2024, and services are being provided to the public.

Regional Assessment of Fair Housing/Five-Year Consolidated Plan [Program 4A]

The City is participating in a Regional Assessment of Fair Housing in accordance with current U.S.

Department of Housing and Urban Development (HUD) guidelines for 2025-2029, along with 33 other participating jurisdictions in Orange County. Community meeti ngs throughout the fall/winter will be held across the county to obtain input on fair housing issues that affect residents in Orange County.

Additionally, Economic and Development Services CDBG staff is updating its Five-Year Consolidated Plan, which ident ifies the City’s housing and community needs and outlines a strategy to address identified needs utilizing HUD funds (CDBG and HOME). City staff are preparing to release a survey and schedule community meetings to solicit local resident input regarding housing and community development needs . To facilitate the Costa Mesa senior community input , Economic and Development Services CDBG staff provided an informational booth at the recent Senior Center Health Fair. More information on the Regional Assessment of Fair Housing and Five-Year Consolidated Plan can be found on the City’s website below, under the “Five-Year Consolidated Plan” tab.

 Housing and Community Development:
https://www.costamesaca.gov/government/departments-and-divisions/economic-and- development-services/housing-and-community-development
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The Bungalows Project (2039 Pomona Avenue) [Program 4A]

This project included remodeling six existing dwelling units and constructing two additional detached accessory dwelling units . The Economic and Development Services Department’s Planning and Building divisions worked diligently with “Families Forward” to swiftly complete entitlements and permits for this project. The site is managed by “Families Forward ” and provides housing for families experiencing homelessness. The project was completed in early 2023. Families Forward partnered with HomeAid Orange County, a Tustin nonprofit that coordinates with building professionals willing to offer material discounts, labor, and in-kind donations to reduce the costs of building projects for those at risk of homelessness. Occupants of the “The Bungalows” are selected through an application process, with preference given to those with residential, professional, or educational ties to Costa Mesa currently experiencing homelessness, living in a shelter or in temporary accommodation s. Under the living arrangement, residents of “The Bungalows” will pay an affordable monthly rent, ranging from approximately $1,150 to $1,350 per month, while receiving ongoing assistance, education and services designed to help them regain financial self-sufficiency. With in-kind donations reducing costs by more than $500,000, the total cost of the project was approximately $4 million dollars. To help bridge th e financial gap, the Costa Mesa City Council in November 2022 granted $975,000 in Federal American Rescue Plan Act funding to Families Forward to complete the work. This project is now complete, and the units are fully occupied.

Project Homekey (2274 Newport Boulevard) [Programs 3F and 4A]

The Motel 6 property located at 2274 Newport Blvd involves the acquisition and two -phase adaptive reuse of an 88-unit motel into permanent housing. All motel rooms will be converted to 300-square-foot studio apartments with new kitchenettes, countertops, flooring, paint, fixtures, appliances, and furniture.

Additional common areas for residents will include a new outdoor patio, smoking area, dog run, and community garden to encourage social interaction among residents. Pedestrian access at Newport Blvd will be enhanced, encouraging residents to walk to nearby community and commercial amenities.

Aesthetic improvements will include building façade enhancements, public art, and substantial upgrades to existing landscaped areas. This project will be developed in two phases.

Phase I includes making 40 housing units available to individuals earning 30% or less than the Area Median Income, 30 of which are permanent supportive housing units serving homeless veterans, and 10 of which are for homeless individuals who meet the Mental Health Services Act eligibility criteria. Funding resources for construction of Phase II have been secured and building permit plans are in review. Construction is expected to commence by the end of the year. To help finance the project, the Costa Mesa City Council approved a $3.5 million ARPA funded grant, a $1.5 million HOME funded loan and an $850,000 Low and Moderate Income Housing Fund loan to help finance the project.

Project Homekey (1400 Bristol Street) [Programs 3F and 4A]

A second Homekey Project has been approved at the former Travelodge Inn at 1400 Bristol Street.

American Family Housing, Inc. and the County of Orange have secured a $29.0 million dollar grant to acquire the site and convert existing rooms into 76 income/deed-restricted and two manager’s units.

Construction is anticipated to begin in 2025. For this project, the City Council approved a $1.5 million ARPA funded grant and a $2.5 million Low and Moderate Income Housing Fund loan to help bridge the remaining funding gap.

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Jamboree Senior Housing Project (Senior Center 695 West 19th Street) [Programs 2D and 4A]

In 2020, the City Council approved an Exclusive Negotiating Agreement (ENA) to partner with Jamboree Housing Corporation in determining the feasibility for the right to acquire a long -term leasehold interest in an approximately 0.90 -acre portion of the parking lot at the Senior Center to develop affordable housing for Costa Mesa’s seniors.

The Urban Master Plan Screening for the project was presented to the City Council at its February 20, 2024, meeting and the project is in entitlement review. Since this meeting, the applicant has increased their unit count from 60 to 70 affordable housing units, (69 senior units plus one manager’s unit). The units will be restricted to provide a combination of very low - and low -income units, including 34 permanent supportive housing units.

Affordable Housing (Inclusionary) Ordinance [Program 2A]

The City initiated the affordable housing ordinance effort in 2021 by retaining Keyser Marston Associates (KMA). KMA and staff completed the required Financial Evaluation and held 17 stakeholder meetings, as well as numerous Planning Commission and City Council meetings to develop and finalize the draft Ordinance. On April 2, 2024, the City Council approved a motion to make changes to the Ordinance and bring back for a second reading. On August 6, 2024, after extensive discussion and deliberation, the City Council gave second reading and adopted the Ordinance and approved, by resolution, in-lieu fees. The Ordinance went into effect on September 6, 2024.

Housing Trust Fund

To further support affordable housing efforts, a $2.5 million contribution was made during the budget making process for Fiscal Year 2024-25, from the City’s General Fund for a new Housing Trust Fund including a first-time homebuyer’s program. Staff will be bringing the item back to the City Council to further elaborate on and finalize the housing activities eligible for the Funds. Please note this fund is separate and apart from the Housing Authority Fund that contains funding for the Citywide rezoning and visioning efforts financed by year-end General Fund savings in previous years. It is also separate and apart from the In-Lieu-Fee Fund that will potentially receive affordable housing in-lieu payments from developers pursuant to the City’s adopted Affordable Housing Ordinance.

Fairview Developmental Center Specific Plan [Program 3B]

Staff initiated the Fairview Developmental Center (FDC) Specific Plan project in 2023, retaining “Placeworks” and advance planning staff to manage the $3.5 million-dollar, two -year project. The current phase of the project generally includes the preparation of a specific plan and associated environmental review for the re-use of the site with a range of affordable and market rate housing.

Since the last study session wit h City Council, technical studies have been completed and the City continues to hold bi -weekly coordination meetings with the State Department of General Services (DGS) and Department of Development Services (DDS) . In addition, staff and Placeworks have coordinated and hosted 18 community outreach events on the visioning and land use framework, as well as land use concepts, mobility, and urban design.

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It is anticipated that in December 2024, the Planning Commission will hold a Study Session to obtain input on the land use concepts that were presented to the community, as well as financial information which will be used to create a preferred land use plan for the FDC Specific Plan. Soon after the Study Session, staff anticipates returning to the Plannin g Commission for a recommendation to the City Council on the preferred plan for final direction. Following these hearings, staff will proceed with preparation of the specific plan and environmental review. More information on this process can be found on the project webpage: fdcplan.com.

General Plan Amendments (Specific Plan Amendments/Land Use), Rezoning of Corridors and Urban Plans and Objective Design Standards (“Citywide Rezone Program”) [Programs 3C, 3D, 3H, 3I, 3J, 3N, 3R]]

In addition to the pipeline housing projects mentioned above that are currently underway, and the future re development of the Fairview Developmental Center , which combined total approximately 5,360 units, or 46 percent of the City’s RHNA allocation, the separate “citywide rezone program” will create the framework for additional future development of new housing in compliance with the City’s Housing Element. These programs are complex multi-year efforts that will require policy and process modifications to facilitate new development while preserving existing residential neighborhoods.

These major programs will involve community visioning and engagement , as well as environmental review to comply with the California Environmental Quality Act.

1. Community Visioning and Objective Residential Design Guidelines for properties within Urban Plan Areas and along the City’s Commercial and Industrial Corridors:

Various state laws, such as the State Housing Accountability Act (SB 167), Streamlined Affordable Housing Act (SB35/SB423), Housing Crisis Act (SB 330), Housing and High Road Jobs Act (AB 2011), and Affordable Housing on Faith Lands Act (SB 4), require a streamlined review and approval process for qualifying residential projects that meet objective standards.

Objective design standards as defined under State law are “standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal” (California Government Code Section 65913.4).

Through the community visioning process, the community will help refine design requirements that create high-quality neighborhood s but can also accommodate the range of densities necessary for Housing Element compliance. The design standards and guidelines will be crafted to provide more certainty in the housing permitting process and to ensure qual ity developments at a variety of scales.

2. General Plan, Specific Plan and Urban Plan Amendments [Programs 3C, 3D, 3H, 3I, 3J, 3N, 3R] focusing on Creating Housing and Revitalization Opportunities along the City’s Commercial and Industrial Corridors:

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The Housing Element identified 97 “housing opportunity sites” to accommodate projected housing needs, primarily along commercial and industrial corridors. Only three of these sites are vacant. Presently, residential, and mixed -use development on 79 of the opp ortunity sites are guided by Specific Plans and Urban Plans that were approved many years ago.

Building upon the completion of residential design guidelines and objective design standards described above, the City will update and incorporate those community visions and standards into the City’s General Plan, North Costa Mesa Specific Plan, and Urban Plans. The following updates are anticipated and may be phased for efficiency of resources:

o Incorporate objective design standards into the General Plan o Update the North Costa Mesa Specific Plan
o Update or replace the City’s Urban Plans (19 West Urban Plan, SoBECA Urban Plan, Mesa West Bluff Urban Plan, and Harbor Mixed-Use Overlay) o Create Corridor Plans or applicable Mixed-Use Zoning Districts  Harbor Boulevard
 17th Street Corridor Area
 Bristol Street
o Update the Newport Boulevard Specific Plan
o Evaluate the potential for residential opportunities in airport industrial areas

3. Zoning Ordinance Updates

a. Definitions [ Programs 2F (persons with disabilities), 2H, 2J, 2O, and 4E] b. Development Standards [ Programs 2E, 2M, 4G, and 4E] c. Planning Application Fees (2K)

These programs require analysis, and where necessary, updates to residential parking standards, certain housing definitions and terminologies, and changes to the City’s development review process and findings to help streamline project approvals. It is anticipated that these updates will be included in the citywide rezone program update. However, certain minor amendments to comply with State law or correct inconsistencies will be incorporated in the City’s annual code clean-up effort, anticipated to be brought to hearing in winter 2024/25.

The objective of Program 2K is to review application fees, with a special focus on the density bonus fee, and update the fee(s) to avoid creating a constraint to the development of affordable housing. Additionally, the citywide rezone program will necessitate further review of the local development review process for new housing application types and planning application fees.

The City has prepared a Request for Proposals (RFP) for a qualified, innovative, and dependable multidisciplinary consultant to work with the Economic and Development Services Department to implement the identified Housing Element programs that will involve re -zoning portions of the City, and updating, and/or creating new policies, procedures, and d evelopment standards to encourage and facilitate housing development. Staff anticipates a minimum of two (2) year s to complete this effort, which will include the zoning code, General Plan, and other adopted plans to be amended , primarily due to the City’s current extensive and varied land use regulations. The RFP will be released in October 2024 with a final contract returning to the City Council for approval in early 2025.

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4. Safety Element Update and Environmental Justice Policies [2G]

In conjunction with the Climate Action Adaption Plan process, intended to commence before the end of the year, with a contract being presented to the City Council for approval in October, a working draft of the Safety Element has been prepared that incorporates references to the City’s Local Hazard Mitigation Plan , as well as to address other applicable State laws (SB 1035-Flood and Hazards and AB 747/SB 99-Evacuation Routes).

As part of this process, staff will also be evaluating other General Plan Elements to incorporate environmental justice policies pursuant to the Planning for Healthy Communities Act (SB 1000).

This law requires the City to develop and incorporate General Plan policies for lower income areas of the community that are disproportionately burdened by poll ution and other hazards that can lead to negative health outcomes. Part of this effort will be to identify existing General Plan policies that address environmental justice issues. The specific purpose of SB 1000 is to “address unique or compounded health risks in disadvantaged communities by decreasing pollution exposure, increasing community assets, and improving overall health” (Office of Planning and Research, General Plan Guidelines June 2020).

ORGANIZATIONAL RESOURCE ENHANCEMENTS

Implementation of the ambitious programs in the Housing Element has necessitated review and reconsideration of the organizational structure of the Development Services Department , staffing levels, and citywide resources. Additionally, the Economic and Development Services Department continues to refine and enhance development permit processes in order to deliver more efficient, swift and comprehensive customer service. (Further information regarding current and future improvements to the City’s development processes, including an update on the implementation of the City’s Totally Electronic Self Servi ce Application (TESSA), and other upcoming process enhancements, will be provided to the City Council in November.)

Organizational Structure

A significant organizational change within the Economic and Development Services Department was the creation of a dedicated advance planning team focused on the development and implementation of the City’s long-range planning programs, including but not limited to the following tasks:

 Housing Element Implementation: FDC Specific Plan, intensive zoning code amendments, re- zoning and General Plan amendments required to implement Measure K, development of objective design standards, and other programs identified in the approved Housing Element.  Inclusionary/Affordable Housing Ordinance : implement, monitor, manage and enforce the adopted inclusionary ordinance. These tasks include but are not limited to assisting developers with the City’s new inclusionary housing program, the collection and management of in -lieu fees, preparation of requests for proposals for housing projects funded by in-lieu fees, agenda reports for allocation of in -lieu housing funds, creation of community development partnerships, preparation and monito ring of affordable housing agreements for inclusionary projects, annual rent certifications to ensure required units are rented to households at the appropriate income levels, and appropriate tracking and reporting of units to the State annually. 293

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 Climate Action Adaption Plan : manage the City’s Climate Action Adaption Plan process in conjunction with other City departments, including updates to the General Plan Safety Element and identification/creation of Environmental Justice policies.  Monitor/Implement State Legislation: monitor state legislation and identify any zoning code updates for compliance with state law.
 Grants: monitor grant opportunities for advance planning projects, applying for applicable grants, and process grant reimbursement for awarded grants.

Staffing

The dedicated advance planning team consists of one (1) Assistant Planner, one (1) Senior Planner, and one (1) Principal Planner. City staff also requested one (1) additional full -time Planning and Sustainable Development Manager as part of the mid -year budget amendments in FY23-24 to oversee and lead the team focused on these efforts. This position was filled in June 2024.

In addition, a new full-time Building Permit Technician position was added to the budget in order to better str eamline and expedite permit processing for all types of projects. Future staffing enhancements, if any, will be recommended in future years’ budget making processes.

Next Steps
This report provides an update on the City’s housing element implementation to date, and the status of achieving the goals outlined in the 47 programs contained therein. Due to the City Council’s outstanding leadership and focus on this crucial area, the City has been able to achieve completion status for some of the plan’s programs and is well underway on many others . Project entitlements have already been granted, or are currently under review/in process, for about 26 percent of the City’s 11,760 housing units RHNA allocation. Moreover, the City’s extensive efforts and progress with the State Department of General Services on the redevelopment of Fairview Developmental Center is a significant accomplishment, bringing the total number of housing units for which there has been significant preparation and work done to essentially 50 percent of the City’s RHNA allocation.

That said, there is still more work to be done. In the coming weeks, the other major programs in the housing element’s implementation will get further underway, most notably the visioning process that will set the groundwork for extensive rezoning efforts to facilitate housing development along the City’s major commercial corridors moving forward, while Staff continues to implement the largest single housing development project on surplus land currently underway with the State.

ALTERNATIVES:

This is an informational item only.

FISCAL REVIEW:

The item is informational in nature and has no impact on the City’s budget. The Housing Authority Fund 222 budget includes $2.4 million towards the Housing and Visioning Plan implementation.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report as to form. 294

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CITY COUNCIL GOALS AND PRIORITIES:

 Diversify, stabilize, and increase housing to reflect community needs.  Advance environmental sustainability and climate resiliency.  Achieve long term fiscal sustainability.

CONCLUSION:

This is an informational item regarding Housing Element implementation progress, organizational resources, and staffing updates related to housing development . Staff recommends that the City Council receive and file this report and provide feedback as appropriate.

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Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Residential Units Rehabilitation Programs 2021 100% 1A, 1B, 3F Supportive Services for:
- Persons with Special Needs
- Homeless Shelter
2021 100% 2C, 4D, 4F
Monitoring and Preservation of At-Risk Units 100% 1C
Update Housing Element webpage to highlight
Housing Programs 2023 20% 3A, 3L, 3M, 3O, 3Q, 4A,
4B, 4C, 4H
Identify Partnerships for Housing 2023 70% 2B, 2D, 3K, 4I Develop user-friendly guidelines to implement
existing housing provisions 2023 50% 2I, 2L, 3E, 3P
Residential Parking 50% 2M, 2E, 4G
Update Zoning Standards for compliance with
State requirements 30% 2F, 2H, 2J, 2N, 2O, 2P, 3F,
3S, 4E
Review Planning Application Fees 25% 2K
ATTACHMENT 1
Housing Element
Program
Information Distribution
Zoning Ordinance Updates (Clean Up)
Earlier
Start
Date
Review of Housing Fees
Residential Assistance Programs
2024 2025 2026 2027 2028
Progress
296
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Affordable Housing Ordinance & In-Lieu Fees 2023 100% 2A Housing Trust Fund 100% n/a
Community Visioning and Objective Design
Guidelines 10% 3C, 3D, 3H, 3I, 3J, 3N, 3R
Fairview Developmental Center (FDC) - Specific
Plan 2023 40% 3B
General Plan Amendments: Specific Plan
Amendments - Land Use/Circulation/Community
Design
10% 3C, 3D, 3H, 3I, 3J, 3R
Rezoning of Corridors and Urban Plans 10% 3C, 3D, 3H, 3I, 3J, 3R, 3N General Plan Amendments: Safety Element,
Environmental Justice and Climate Action
Adaptation Plan
30% 2G
Legend:

Indicates programs that are in progress or identified for future progress Indicates programs that require ongoing monitoring and action throughout planning period
Contract
Approval
Environmental Review under Californa Environmental Quality Act (CEQA) CEQA
CEQA
CEQA
Finalize Project
Description
Finalize Project
Description
RFP/Consultant
Selection
RFP/Consultant
Selection
General Plan Update, Specific Plan, Rezoning and Program EIR Earlier
Start
Date
2024 2025 2026 2027 2028
Progress Housing Element
Program
Advance Planning
297

TIMEFRAME NOTED IN HOUSING ELEMENT
CATEGORY I: Building Upon Existing Programs
1A Owner-Occupied Housing Rehabilitation Annual Review/ Modifications by December 2023 1B Mobile Home Rehabilitation Annually market assistance available and grant funding on a case-by-case basis.
1C Monitoring and Preservation of At-Risk
Housing Units
Coordinate with property owners of at-risk units through the end of financial agreements. Annually market tenant education information and available assistance.
2C Supportive Services for Persons with
Special Needs
Annually outreach to local organizations and provide information online regarding the Annual Action Plan findings regarding special needs populations and availability and allocation of CDBG funds. 4D Fair Housing Assistance (contract
throughout planning period)
Contract with the Fair Housing Foundation throughout the planning period and promote updated information on available services online by Winter 2025.
4F Homeless Shelter Annually review and, if necessary, revise services and assistance programs available based on funding availability. Annually meet with homeless services providers to respond to the needs of persons experiencing homelessness and identify potential opportunities.
2B Affordable Housing Development Establish incentives and instructional materials by December 2023. Pursue funding and partnership annually. Meet with organizations annually 2D Facilitate Development of Senior Housing
Options
Annually meet with senior housing developers to receive feedback, market housing sites adequate for the development of senior housing and pursue other opportunities for senior housing development
2I Promote State Density Bonus Incentives To be completed by December 2024. 2L Development of Housing for Extremely
Low and Lower-Income Households
Complete by December 2024
3A Adequate Sites Publish by December 2023
3E Promote the Development of Accessory
Dwelling Units
Program components analyzed within by December 2023., with implementation by December 2024. Review and revise the ADU ordinance within one year.
3K Explore Potential Future Housing
Opportunities on Church Sites
Develop online materials on the development process by December 2023 and update, as necessary
3L Annual Progress Reports Annually complete and submit an Annual Progress Report to HCD. 3M ADU and JADU Monitoring Program Monitoring program created by Winter 2025. Reviews conducted every two years throughout the planning period, and potential adjustments made within six months.
3O Deliver a copy of the adopted Housing
Element to Water and Sewer Providers
To be completed by July 2023
ATTACHMENT 1: HOUSING PLAN
1: Residential Assistance Programs
2: Information Distribution

PROGRAMS
1 of 3
ATTACHMENT 2
298
3P Federal/State Housing Programs Annually market available Federal and State housing programs and grants.

Meet with qualified interested parties annually to provide technical assistance. Partner with the OC Housing Finance Trust throughout the planning period to identify additional potential funding sources 3Q Lot Consolidation (Housing Opportunity
sites that are smaller than half an acre)
To be completed by December 2023., outreach and promote lot consolidation to the development community/property owners, and publish and maintain updated information on the City’s lot consolidation processes and fees online and at City Hall.
4A Fair Housing Annually outreach to local organizations and lower income communities to discuss fair housing issues and promote actions to mitigate local contributing factors. Promote available funds, ownership information, and details on affordable housing units on the City’s webpage by Winter 2025. 4B Rental Housing Assistance Promote OCHA Housing Choice Voucher information and rental housing assistance programs, as available, on the City’s website. 4C Ownership Housing Assistance Annually evaluate and, as funding is available, offer ownership housing assistance programs. Promote informational materials online and at City hall on potential paths to home ownership and on assistance and resources available by Winter 2025.
4H Housing Education and Outreach Program Develop program by December 2023 and distribute materials by December 2024.
4I Partnership with local Orgnaizations and
Community Groups
December 2024
2E Encourage Development of Housing
Options for Large-Family Households
Review development standards for larger units and, if necessary, amend the Zoning Code by Winter 2025. Annually meet with housing developers to encourage the development of larger units
2F Persons with Physical and Development
Disabilities
Review procedures to accommodate ADA retrofit efforts, ADA compliance and/or other measures where appropriate, and, if necessary, amend the Zoning Code by Winter 2025
2H Farmworker Housing To be completed by December 2023
2J Transitional and Supportive Housing To be completed by December 2024. 2M Parking Standards for Residential
Developments
Review by December 2024; revise Code by Winter 2025
2N Reasonable Accomodation Review and Revise Winter 2024 2O Definition of Single Housekeeping Unit Review and revise Code by December 2024 2P Group Homes Review and Revise Winter 2024
3F Motel Conversions, Efficiency Units, and
Co-Living Housing Types
To be completed by December 2024
3S Review and Revise Findings To be completed by December 2023. 4E Low Barrier Navigation Centers December 2024
4G Assembly Bill 139 - parking provisions for
emergency shelters
Winter 2025
3: Zoning Ordinance Updates
2 of 3 299
2K Planning Application Fees To be completed by December 2024 CATEGORY II: Creating the Framework for New Housing and Revitalization 3B Fairview Development Center -State
Property
Negotiate agreement to develop housing at the Fairview Developmental Center site by Winter 2025 or as modified by the State. If unsuccessful, identify additional sites to accommodate shortfall
3C Update the North Costa Mesa Specific Plan To be completed by Winter 2025 3D Update thje City's Urban Plans and
Overlays
To be completed by Winter 2025
3H Analyze the Potential of Establishing an
Overlay to Permit Residential Use in the
Airport
To be completed by Winter 2025
3I Analyze the Potential of Establishing an
Overlay to Permit Residential Uses in the
17th Street Corridor Area
To be completed by Winter 2025
3J Analyze the Potential of Modifying the
Newport Boulevard Specific Plan to
Promote Residential Uses Along Newport
Blvd
To be completed by Winter 2025
3N Candidate Sites used in previous Housing
Elements
To be completed by Winter 2025.
3R Development of Large Sites Direct outreach to property owners two times per year throughout the planning period. Review of development progress and potential identification of additional candidate housing sites following the schedule within the objectives
2G Safety Element Update and Adoption of
Environmental Justice Policies
To be completed by December 2023
4: REVIEW OF APPLICATION FEE
1: Community Visioning and Objective Residential Design Guidelines for properties within Urban Plan Areas and along the City’s Commercial and Industrial Corridors
2: General Plan, Specific Plan and Urban Plan Amendments [Programs 3B, 3C, 3D, 3H, 3I, 3J, 3N, 3R] focusing on Creating Housing and Revitalization Opportunities along the City’s Commercial and Industrial Corridors

3. General Plan Amendments – Safety Element/Environmental Justice Policies [2G] 3 of 3 300

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-365 Meeting Date: 10/15/2024
TITLE:

ACCEPTANCE OF PART 1 OF THE STORM DRAIN MASTER DRAINAGE PLAN (SDMDP) UPDATE
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council accept Part 1 of the Storm Drain Master Drainage Plan (SDMDP) update consisting of the Existing Conditions Assessment Report (ECAR) and the Proposed Drainage & Water Quality Improvements.

BACKGROUND:

In 2006, the City Council amended Costa Mesa Municipal Code Section 15-64 (Title 15, Chapter III) to identify and put into effect a Storm Drain Master Drainage Plan (SDMDP). The 2006 SDMDP was approved by the City Council and analyzed the existing storm drain system throughout the City using a “Rational Method”. The detailed analysis aimed to model the effects of 25-year and 100-year design storms on the City’sstorm drain system. The 2006 SDMPD proposed storm drain upgrades and estimated storm drain improvement costs throughout the City.

On September 15, 2020, the City Council awarded a Professional Services Agreement (PSA) to Q3 Consulting (Q3) to complete an update to the City's SDMDP. Similar to the 2006 SDMDP, the current update is divided into three parts for a comprehensive and thorough analysis.

Part 1 focuses on the hydrologic modeling, planning, design, and maintenance of the City's storm drain system as it operates today and proposes ranked improvements for future upgrades to the City’s storm drain system. Part 1 includes an Existing Conditions Assessment Report (ECAR) and a Proposed Drainage and Water Quality Improvements report. The reports can be found on the City’s website at www.costamesaca.gov/storm <http://www.costamesaca.gov/storm>.

Part 2 of the SDMDP is the City’sdrainage fee and Finance study update. This update is derived from proposed improvements outlined in Part 1, current existing parcel land use types, and the City’s 2035 land use plan types with updated housing elements. It includes projected costs of upgrading regional flood control facilities, water quality facilities, and implementing storm water quality permit requirements. The Drainage Fee and Finance study is scheduled for completion by early 2025.

Part 3 of the SDMDP includes the design of the Westside storm drain improvement plans and the