Agenda packet — Costa Mesa City Council, February 18, 2025 (part 1 of 2)

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, February 18, 2025
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.

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

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

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

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

Page 1 of 12 ends

1 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025
As a courtesy, the public may participate via the Zoom option.

Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/81879579049?
pwd=_XoNBT2uciL7zrDsfj4A9Q9srLgExg.bQEU-le6VvXjPDeL
Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 818 7957 9049/ Password: 608584
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

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

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

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

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

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

Page 2 of 12 ends

2 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.

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

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

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

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

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

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

Page 3 of 12 ends

3 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

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

35.102.35.104 ADA Title II].

Page 4 of 12 ends

4 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER

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

CLOSED SESSION ITEMS:

1. Public Employment, Workers’ Compensation Claim, Pursuant to California Government Code Section 54956.9 (b)(1), WCAB NO. ADJ18072347

2. Public Employment, Workers’ Compensation Claim, Pursuant to California Government Code Section 54956.9 (b)(1), WCAB NO. ADJ18438457

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 424-211-01; Property: 695 W. 19th Street, Costa Mesa, CA 92627 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Jamboree Housing
Under Negotiation: Price and Terms of Payment

5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION–ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. D’Alessio; 1963 Wallace Ave.

Orange County Superior Court Case No. 30 2020 01133479

Page 5 of 12 ends

5 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY FEBRUARY 18, 2025 – 6:00 P.M.

JOHN STEPHENS
Mayor

MANUEL CHAVEZ ANDREA MARR Mayor Pro Tem - District 4 Council Member - District 3

ARLIS REYNOLDS LOREN GAMEROS Council Member - District 5 Council Member - District 2

JEFF PETTIS MIKE BULEY Council Member - District 6 Council Member - District 1

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE

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

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

1. Proclamation: Black History Month
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Presentation and Consent Calendar items may also be heard at this time.

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

Page 6 of 12 ends

6 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025

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

1. Council Member Reynolds

2. Council Member Pettis

3. Council Member Buley

4. Council Member Gameros

5. Council Member Marr

6. Mayor Pro Tem Chavez

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

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

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
25-177
RECOMMENDATION:

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

2. READING FOLDER 25-178
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Mark Gnesin, Cody Grant, Lori Harvey, Edward Kao.

Page 7 of 12 ends

7 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025

3. ADOPTION OF WARRANT RESOLUTION 25-166
RECOMMENDATION:

City Council approve Warrant Resolution No. 2728.

1. Summary Check Register 1-27-25

2. Summary Check Register 1-23-25
Attachments:

4. MINUTES 25-179
RECOMMENDATION:

City Council approve the minutes of the special meeting of January 28, 2025 and the regular meeting of February 4, 2025.

1. 01-28-2025 Draft Minutes

2. 02-04-2025 Draft Minutes
Attachments:

Page 8 of 12 ends

8 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025

5. AWARD OF THE COSTA MESA CITY HALL TRAINING ROOM
BASEMENT REMODEL PROJECT, CITY PROJECT NO. 24-11, AND

FINDING OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

CATEGORICAL EXEMPTION
25-168
RECOMMENDATION:

Staff recommends the City Council:

1. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA guidelines Section 15301 and adopt plans, specifications, and working details for the Costa Mesa City Hall Training Room Basement Remodel Project, City Project No. 24-11.

2. Reject the bid submitted by Triangle DeCon Services, Inc ., 25422 Adriana Street, Mission Viejo, California 92691 as non-responsive.

3. Award a Public Works Agreement (PWA) for construction to American Construction Company, LLC (ACC), 1130 North Kraemer Boulevard, No. 1, Anaheim, California 92806 in the amount of $490,000 with an additional ten percent (10%) contingency in the amount of $49,000, as needed for any unforeseen costs related to this project.

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

ENVIRONMENTAL DETERMINATION:

The proposed action is exempt from the California Environmental Quality Act (CEQA). The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. In addition, the proposed action is exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and /or minor alteration of existing public facilities.

1. Proposed Renderings

2. Bid Abstract

3. Bid Protest from ACC

4. Staff's Response to Bid Protest

5. PWA
Attachments:

Page 9 of 12 ends

9 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025

6. EMERGENCY GENERATOR UNITS FOR CITY HALL AND THE

COMMUNICATIONS BUILDING
25-180
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the use of Sourcewell’s Cooperative Agreement #092222-CAT with Caterpillar Inc. for the purchase of two ( 2) diesel emergency generators, two (2) automatic transfer switches, and two ( 2) double wall day tanks for fuel for City Hall and the Communications Building through Quinn Power Systems totaling $389,543.19.

2. Approve an appropriation of $700,000 in the Capital Improvement Fund (Fund 401) fund balance to purchase the equipment outlined above totaling $389,543.19, and an additional $300,000 for a separate design and installation contract to be brought under separate cover in the future, ensuring sufficient funds are available to complete the project.

1. Quote for GeneratorsAttachments:

7. EXTENSION OF OPTION TO LEASE AGREEMENT TO CONSTRUCT
AND OPERATE A 70-UNIT AFFORDABLE SENIOR AND
SUPPORTIVE HOUSING PROJECT LOCATED AT THE CITY ’S
SENIOR CENTER, 695 WEST 19TH STREET
25-193
RECOMMENDATION:

Staff recommends the City Council review and approve the proposed “Extension of Option to Lease Agreement” for an additional 60-day term that will expire on April 30, 2025 to finalize lease negotiations with appropriate affordable housing terms and complete assembling funding for the project.

1. Amendment No. 2 - Option to LeaseAttachments:

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

CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE.

Page 10 of 12 ends

10 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025
NEW BUSINESS:

1. PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR

HOUSING ELEMENT REZONING PROGRAM AND ENVIRONMENTAL

IMPACT REPORT
25-149
RECOMMENDATION:

Staff recommends the City Council:

1. Approve a Professional Services Agreement (PSA) to Dudek ( an environmental, planning and engineering firm) in the amount of $1,850,611 for consulting services, for a three-year term, with up to two one-year extensions, if necessary, with the initial three-year term effective February 18, 2025 - February 17, 2028.

2. Authorize a ten percent (10%) contingency in the amount of $185,061 for unforeseen costs related to the project.

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

Agenda Report

1. Dudek Professional Services Agreement
Attachments:

Page 11 of 12 ends

11 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 18, 2025

2. CITY OF COSTA MESA, COSTA MESA FINANCE AUTHORITY, AND

COSTA MESA HOUSING AUTHORITY AUDITED FINANCIAL

STATEMENTS, AND HOUSING SUCCESSOR ANNUAL REPORT FOR
THE PERIOD ENDING JUNE 30, 2024.
25-133
RECOMMENDATION:

1. Staff recommends the City Council receive and file the following reports for the fiscal year ended June 30, 2024:
a. Annual Comprehensive Financial Report (ACFR) (Attachment 1). b. Air Quality Improvement Fund Compliance Report (Attachment 2). c. Audit Communication Letter (Attachment 3).
d. Independent Accountant's Report on Agreed-Upon Procedures Applied to Appropriation Limit Worksheets (Attachment 4).

2. Staff recommends the City Council and Costa Mesa Financing Authority receive and file the Costa Mesa Financing Authority audited financial statements for the fiscal year ended June 30, 2024 (Attachment 5).

3. Staff recommends the City Council and Housing Authority receive and file the following reports for the fiscal year ended June 30, 2024:
a. Independent Financial Audit of the Costa Mesa Housing Authority, including the Low and Moderate -Income Housing Asset Fund (Attachment 6); and
b. The Fiscal Year 2023-24 Housing Successor Annual Report prepared under the California Health and Safety Code section 34176.1 as the housing successor and section 34328 as a housing authority (Attachment 7).

1. ACFR

2. Air Quality Improvement Fund Compliance Report

3. Audit Communication Letter

4. Independent Accountant Report

5. Finance Authority

6. Financial Audit of the Housing Authority

7. Housing Report CMHA FY-23-24
Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

Page 12 of 12 ends

12 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-177 Meeting Date: 2/18/2025
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

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

Page 1 of 1 ends

13 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-178 Meeting Date: 2/18/2025
TITLE:

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

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Mark Gnesin, Cody Grant, Lori Harvey, Edward Kao.

Page 1 of 1 ends

14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-166 Meeting Date: 2/18/2025
TITLE:

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

City Council approve Warrant Resolution No. 2728.

BACKGROUND:

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

FISCAL REVIEW:

Funding Payroll Register No. 24-26 On Cycle for $4,238,843.24, 24-26 “A”Off Cycle for $ 13,080.24, 25-01 On Cycle for $3,875,871.86, 25-03 On Cycle for $3,899,354.35, and City operating expenses for $2,049,188.79.

Page 1 of 1 ends

15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-179 Meeting Date: 2/18/2025
TITLE:

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

City Council approve the minutes of the special meeting of January 28, 2025 and the regular meeting of February 4, 2025.

Page 1 of 1 ends

82 Minutes – Special Meeting January 28, 2025 Page 1 of 7

SPECIAL CITY COUNCIL MEETINGS
TUESDAY, JANUARY 28, 2025 - MINUTES
CALL TO ORDER – The Special Closed Session meeting was called to order by Mayor Stephens at 4:01 p.m.

ROLL CALL

Present: Council Member Buley, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem, and Mayor Stephens.

Absent: None.

PUBLIC COMMENTS
SPECIAL CLOSED SESSION ITEMS:

1. THREAT TO SECURITY
Pursuant to California Government Code Section 54957(a) Consultation with: Costa Mesa Director of Emergency Services/City Manager, Police Chief.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

City Council recessed at 4:03 p.m. for Closed Session.

Closed Session recessed to open session at 5:00 p.m.

Closed Session resumed at 9:28 p.m. after open session.

Closed Session adjourned at 10:45 p.m.

CALL TO ORDER - The Special City Council meeting was called to order by Mayor Stephens at 5:09 p.m.

ROLL CALL

Present: Council Member Buley, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem, and Mayor Stephens.

Absent: None.
83 Minutes – Special Meeting January 28, 2025 Page 2 of 7 SPECIAL ITEMS:

1. TEMPORARY SUSPENSION OF SHORT-TERM RENTAL PROHIBITION Presentation by Ms. Hall Barlow, City Attorney.

Public Comments:

Flo Martin, Costa Mesa, spoke on keeping the moratorium.

Speaker, spoke on keeping the moratorium.

Speaker, spoke on what other cities are doing and options available.

Gay Royer, Costa Mesa, spoke on helping each other.

Glen Frank spoke on keeping the moratorium.

Becca Ayala, Better Neighbors LA, spoke on keeping the moratorium, or if suspended to limit it to verified zip codes of those effected by the fires, spoke on limiting the suspension to 90 days, verifying eligibility, and reporting to the City.

Cynthia McDonald, Costa Mesa, spoke on the impacts for Costa Mesa residents’ long term, and spoke on keeping the moratorium.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Lift the moratorium for 90 days, only for fire victims, and require the operators to do a zip code verification and report to City staff.

SUBSTITUTE MOTION/SECOND: Council Member Reynolds/Council Member Marr SUBSTITUTE MOTION: Receive and file the report.

The motion carried by the following roll call vote:

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

Nays: Council Member Pettis and Mayor Stephens.

Absent: None.

Abstain: None.

Motion carried: 5-2
ACTION:

City Council received and filed the report.
84 Minutes – Special Meeting January 28, 2025 Page 3 of 7

2. FAIRVIEW PARK MASTER PLAN UPDATE DISCUSSION - PART ONE Presentation by Mr. Gruner, Parks and Community Services Director and the following consultants:

Jenni Zell, Project Manager, Landscape Architect (MIG), Travis Brooks, Restoration Ecologist (Land IQ), Robb Hamilton, Biologist (Hamilton Biological).

The City Council posed questions to the staff and consultants. (01:17:13) City Council recessed into a break at 7:24 p.m.

City Council reconvened at 7:38 p.m.

Public Comments:

Flo Martin, Costa Mesa, spoke on including language in the Master Plan that excludes motorized e-bikes from the park.

Josh Guesman, President of the Orange County Model Engineers, requested to keep trains in the park and is willing to participate in restoration.

Gay Royer, Costa Mesa, spoke on utilizing the knowledge of people who have been in the City for 50 years and their experiences.

Debby Koken spoke on reviewing the U.S. Fish and Wildlife requirements for protecting the park.

Speaker, spoke in support of keeping Harbor Soaring Society in the park.

Terry Koken spoke on stewarding Fairview Park.

Speaker, spoke in support of keeping Harbor Soaring Society in the park.

Chase Dupris, member of the Orange County Model Engineers, spoke in support of the Master Plan.

Speaker, spoke in support of keeping Harbor Soaring Society in the park.

Hank Castignetti spoke in support of the Orange County Model Engineers and in support of the restoration of Fairview Park.

Speaker, spoke in support of keeping Harbor Soaring Society in the park.

Speaker, spoke in support of the Orange County Model Engineers and on the Fairview Park Master Plan.
85 Minutes – Special Meeting January 28, 2025 Page 4 of 7 Lynn Redman spoke on maintenance at Fairview Park and on his son’s restoration efforts.

Kim Hendricks, spoke against Harbor Soaring Society at Fairview Park.

Mike Jimenez spoke in support of keeping Harbor Soaring Society in the park.

Speaker, spoke in support of the Fairview Park Master Plan and protecting the park.

Cristian Garcia Arcos, Co-Chair of the Spanish Committee with the Western Chapter of the International Society of Arboriculture, spoke on community engagement, protecting the environment, pesticides, protecting local wildlife and ecosystems, and encouraged non-toxic substances.

Priscilla Rocco spoke on preserving Fairview Park and in opposition of Harbor Soaring Society flying in Fairview Park.

Speaker, spoke on preserving Fairview Park.

Speaker, spoke in support of keeping Harbor Soaring Society and spoke on preserving Fairview Park.

Jacob Sanchez spoke on the importance of teaching people at the park to protect sensitive areas.

Speaker, spoke in support of the Orange County Model Engineers and supports the Master Plan.

Speaker, spoke on protecting Fairview Park.

Speaker, spoke in support of the Orange County Model Engineers and supports the Master Plan.

Betsy Densmore spoke in support of a Master Plan.

Steve Collier, spoke in support of the Orange County Model Engineers and the Fairview Park Master plan to preserve Fairview Park.

Terry Fuqua, spoke against electric bikes that are destroying the habitat, spoke in support of the Master Plan, and in support of the Orange County Model Engineers.

Zach Jones spoke in support of the Orange County Model Engineers and the Master Plan.

Kohl Crecelius, member Fairview Park Steering Committee, spoke on education and preservation of Fairview Park.
86 Minutes – Special Meeting January 28, 2025 Page 5 of 7 Chris Cuthill, Costa Mesa, spoke in support of the Orange County Model Engineers and the Master Plan, also spoke in support of Harbor Soaring Society, and hopes everyone can come to a happy medium.

Mat Garcia, Harbor Soaring Society President, spoke in support of Harbor Soaring Society at the current location.

Jay Humphrey, Costa Mesa, spoke on preservation and making the right decision, spoke on funding projects, Measure AA requirements, and clarified statements in the agenda report.

Scott Smith, member of Harbor Soaring Society, spoke in support of Harbor Soaring Society at the current location.

Speaker, spoke in support of the Orange County Model Engineers, spoke on preservation of the park and would like to find a way for everybody to enjoy Fairview Park.

Dean Peyton, spoke in support of Harbor Soaring Society.

Greg Stone, spoke in support of Harbor Soaring Society at the current location.

Jeff Peyton, spoke in support of Harbor Soaring Society and everyone working together.

John Rittenhouse, spoke in support of Harbor Soaring Society.

Jim Erickson, Costa Mesa, spoke on all the park users working together to steward the park.

Speaker, spoke on the clubs bringing people to the park, that the groups need to co-exist and all working together to preserve nature.

James Robertson, spoke in support of Harbor Soaring Society and being included in the Fairview Park Master Plan.

Kevin Coch, Costa Mesa, spoke in support of Harbor Soaring Society.

Caleb Hong, Costa Mesa, spoke in support of Harbor Soaring Society.

Speaker, spoke on the species that can only survive in Fairview Park, other options available to Harbor Soaring Society, and that everyone needs to keep an open mind.

Speaker, spoke on the sensitive habitat and that the Harbor Soaring Society does not fly during the wet season.
87 Minutes – Special Meeting January 28, 2025 Page 6 of 7 Angely Vallarta, Costa Mesa, stated the Harbor Soaring Society flying is in conflict with the preservation of Fairview Park.

Cynthia McDonald, Costa Mesa, spoke against Harbor Soaring Society as they impact the preservation of sensitive areas.

Speaker, spoke in support of the Harbor Soaring Society and they are good stewards of the park.

City Council discussed the staff presentation on the status of the Fairview Park Master Plan Update and provided feedback to staff. (04:13:48)
ADJOURNMENT – Mayor Stephens adjourned the open meeting at 9:28 p.m. and City Council recessed to Closed Session.
88 Minutes – Special Meeting January 28, 2025 Page 7 of 7 Minutes adopted on this 18th day of February, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
89 Minutes – Regular Meeting February 4, 2025 Page 1 of 9

REGULAR CITY COUNCIL AND HOUSING AUTHORITY
TUESDAY, FEBRUARY 4, 2025 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:02 p.m.

ROLL CALL

Present: Council Member Buley, Council Member Gameros, Council Member Harper, Council Member Marr (Arrived 4:05p.m.), Council Member Reynolds, Mayor Pro Tem, and Mayor Stephens.

Absent: None.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEMS:

1. THREAT TO SECURITY
Pursuant to California Government Code Section 54957(a) Consultation with: Costa Mesa Director of Emergency Services/City Manager, Police Chief.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 424-211-01; Property: 695 W. 19th Street, Costa Mesa, CA 92627 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Jamboree Housing
Under Negotiation: Price and Terms of Payment

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 424-051-23; Property: 778 Shalimar Drive, Costa Mesa, CA 92627 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Dominic Bulone
Under Negotiation: Price and Terms of Payment
90 Minutes – Regular Meeting February 4, 2025 Page 2 of 9 Ms. Hall Barlow, City Attorney requested to add to the Closed Session agenda Kreza v. Costa Mesa Fire Department, Workers’ Compensation Appeals Board (WCAB) No. ADJ12674446, due to the item requiring action prior to the next regularly scheduled City Council meeting and arose after the posting of the current agenda.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Add WCAB No. ADJ12674446 item as requested by the City Attorney to the Closed Session agenda.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: Council Member Marr.

Abstain: None.

Motion carried: 6-0

5. Kreza v. Costa Mesa Fire Department
Pursuant to California Government Code Section 54956.9 (b)(1), Workers’ Compensation Appeals Board, WCAB No. ADJ12674446.

City Council recessed at 4:04 p.m. for Closed Session.

Closed Session adjourned at 6:00 p.m.

CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 5:55 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – A video was played of the National Anthem and the mayor led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION – Led by Calvary Chapel Dave Manne, Pastor Emeritus.

ROLL CALL

Present: Council Member Buley, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem, and Mayor Stephens.

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – The City Council gave staff direction, no reportable action.

PRESENTATIONS: NONE.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Russell Toler, Costa Mesa, spoke on the daylighting law and traffic safety measures.

Frank Spitzer, Costa Mesa, spoke on problems regarding TESSA and obtaining permits and spoke on permit parking problems for guests who are receiving citations. 91 Minutes – Regular Meeting February 4, 2025 Page 3 of 9 Joe Ferguson, Costa Mesa, expressed security and fire concerns in Canyon Park because homeless individuals are living in the park.

Mark Vukcevich, Costa Mesa, spoke on the daylighting law, spoke on traffic safety measures, spoke on better communication about the law and the one-year warning period.

Jose Toscano, Costa Mesa, spoke on the protestors on Victoria Street and the lack of law enforcement presence.

Speaker, spoke on Victoria Street and traffic concerns, bike lanes, and requested police presence for speeding vehicles.

Speaker, requested the 311 App be made available in Spanish and spoke on prohibiting gas powered leaf blowers.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Marr requested an update on the daylighting measures and the technical problems with the permit parking program.

Council Member Reynolds spoke on the permit parking program and requested an update in March, spoke in support of a Spanish option for the 311 Application and requested physical signage on how to use the application, spoke on daylighting and requested an update on awareness of the law and a plan for markings on where not to park, spoke on the Lets Go Costa Mesa shuttle program and sharing information, requested an update from Chief Stefano on preventative practices for Canyon, Talbert, and Fairview Parks, and spoke on the Costa Mesa Sanitary District board room posting of the organizational values, and would like to post Costa Mesa’s prominently in public spaces.

Council Member Pettis spoke on visiting Fairview Park and the Harbor Soaring Society, thanked staff for their efforts on the Eastside and for safety measures including a four-way stop sign on Westminster and 18 th Street, and requested an overview of what is on upcoming agendas.

Council Member Buley spoke on emergency preparedness.

Council Member Gameros spoke on being available to the residents to address their concerns.

Mayor Pro Tem Chavez spoke on visiting Rea Elementary School to promote going to college and reading to students, requested adding left turns at 19th and Pomona near the Towers, requested a hawk signal on Wilson Street between Harbor Boulevard and Placentia Avenue, requested staff to resolve the permit parking program issues brought up during public comment, requested the Costa Mesa 311 Application in Spanish, acknowledged the youth in the community for protesting a day without an immigrant at the schools. 92 Minutes – Regular Meeting February 4, 2025 Page 4 of 9 Mayor Stephens spoke on the Districts meeting and emergency preparedness, spoke on Chief Stefano hosting townhalls in the future, spoke on attending Mr. Murphy’s memorial service, spoke on attending the Union of Vietnamese Student Association (UVSA) celebration at Garden Grove Park for Lunar New Year, spoke in support of putting the City’s values in the Council Chambers and in the lobby, spoke in support of the 311 Application availability in Spanish, spoke on the implementation of daylighting and supports a warning and education period prior to ticketing, spoke on Canyon and Fairview Parks encampment enforcement, spoke on TESSA bottlenecks raised during public comments and requested a report on addressing the issues.

REPORT – CITY MANAGER – Ms. Farrell Harrison stated that staff will follow up on concerns raised during public and Council comments.

REPORT – CITY ATTORNEY – NONE.

CONSENT CALENDAR
MOVED/SECOND: Council Member Reynolds/Council Member Buley MOTION: Approve the Consent Calendar except for item nos. 6, 7, and 8.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received from Ware Disposal.

Motion carried: 7-0

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

RESOLUTIONS
ACTION:

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

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Janie Dungan, Cindy Macfarland, Christina Morales-Tolentino, Mike Petrovic, Karen Wolf, California Auto Insurance Company of behalf of Shawn Ohearn.
93 Minutes – Regular Meeting February 4, 2025 Page 5 of 9

3. ADOPTION OF WARRANT RESOLUTION
Mayor Stephens recused himself on the item due to campaign contributions received from Ware Disposal.

ACTION:

City Council approved Warrant Resolution No. 2727.

4. MINUTES
ACTION:

City Council approved the minutes of the regular meeting of January 21, 2025.

5. DESIGNATION OF VOTING DELEGATE FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 2025 REGIONAL CONFERENCE AND

GENERAL ASSEMBLY
ACTION:

City Council appointed Council Member Arlis Reynolds as the delegate and Council Member Mike Buley as the alternate for the 2025 Annual Southern California Association of Governments (SCAG) Regional Conference and General Assembly.

ITEMS PULLED FROM THE CONSENT CALENDAR

6. ACCEPTANCE OF THE LED LIGHTING INSTALLATION AT CITY PARKS AND

ATHLETIC FACILITIES PROJECT (JACK HAMMETT SPORTS COMPLEX,

TEWINKLE ATHLETIC COMPLEX, COSTA MESA TENNIS CENTER, AND BARK PARK), CITY PROJECT NO. 23-09
Public Comments: None.

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

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council accepted the work performed by R&M Electrical Contracting, Inc. (RMF Contracting, Inc.) [RMF], 1523 North Harmony Circle, Anaheim, California 92807, for the Light-Emitting Diode (LED) Lighting Installation at City Parks and Athletic Facilities Project (Jack Hammett Sports Complex, TeWinkle Athletic Complex, Costa Mesa Tennis Center, and Bark Park), City Project No. 23-09, and authorized the City Clerk to file the Notice of Completion.
94 Minutes – Regular Meeting February 4, 2025 Page 6 of 9

2. Authorized the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.

7. AWARD THE PURCHASE OF BATTING CAGES FOR THE TEWINKLE ATHLETIC

COMPLEX
Public Comments: None.

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

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council authorized the purchase of materials for two (2) bullpen/batting cages to be installed at the TeWinkle Athletic Complex through Civic Buys Cooperative Agreement #3570 with The KYA Group.

2. Authorized the City Manager to execute the necessary documents for the purchase of bullpen/batting cage materials for $154,246 from The KYA Group.

8. PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL STAFF SUPPORT FOR

GENERAL PLANNING SERVICES
Public Comments: None.

MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Gameros MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
95 Minutes – Regular Meeting February 4, 2025 Page 7 of 9 ACTION:

1. City Council approved and authorized the City Manager and City Clerk to execute a three-year Professional Service Agreement (PSA) with two one-year renewals in a form as approved by the City Attorney for on-call staff support for general planning services:
· City Advisors, LLC
· Community Catalyst, Inc.
· Dudek
· Interwest Consulting Group, Inc
· Kimley-Horn and Associates, Inc.
· MIG, Inc.
· Placeworks, Inc.
· The Code Group, Inc.

2. Authorized the City Manager, or designee, and City Clerk to execute the PSA and future amendments with the above listed firms including any potential increases in compensation as long as the amendments are within the annual budget. ----------------------------------------END OF CONSENT CALENDAR----------------------------------------- PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE.

NEW BUSINESS:

1. AWARD OF THE GREENVILLE-BANNING CHANNEL HYDRODYNAMIC SEPARATOR (HDS) INSTALLATION PROJECT, CITY PROJECT NO. 25-02 Presentation by Mr. Yang, City Engineer.

Public Comments: None.

MOVED/SECOND: Council Member Gameros/Mayor Pro Tem Chavez MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
96 Minutes – Regular Meeting February 4, 2025 Page 8 of 9 ACTION:

1. City Council found a California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301 and adopt plans, specifications, and working details for the Greenville-Banning Channel Hydrodynamic Separator (HDS) Installation Project, City Project No. 25-02.

2. Awarded a Public Works Agreement (PWA) for construction to the Zusser Company, Inc., 528 Palisades Drive, Suite 504, Los Angeles, California 90272 in the amount of $811,750 (base bid and additive bid) and authorize an additional ten percent (10%) contingency, in the amount of $81,175 for construction, as needed, for any unforeseen costs related to this project.

3. Authorized the City Manager and City Clerk to execute the PWA with the Zusser Company, Inc., and future amendments to the agreements within Council authorized limits.

4. Authorized $270,280 from the Westside Storm Drain Improvements Project (550022) to supplement the remaining costs of this project.

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

ADJOURNMENT – Mayor Stephens adjourned the meeting at 7:21 p.m. 97 Minutes – Regular Meeting February 4, 2025 Page 9 of 9 Minutes adopted on this 18th day of February, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
98 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-168 Meeting Date: 2/18/2025
TITLE:

AWARD OF THE COSTA MESA CITY HALL TRAINING ROOM BASEMENT REMODEL PROJECT, CITY PROJECT NO. 24-11, AND FINDING OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL EXEMPTION
DEPARTMENT: PUBLIC WORKS DEPARTMENT/GENERAL SERVICES

DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: PATRICK BAUER, DEPUTY PUBLIC WORKS DIRECTOR, (714) 754-5029
RECOMMENDATION:

Staff recommends the City Council:

2. Reject the bid submitted by Triangle DeCon Services, Inc., 25422 Adriana Street, Mission Viejo, California 92691 as non-responsive.

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

ENVIRONMENTAL DETERMINATION:

The proposed action is exempt from the California Environmental Quality Act (CEQA). The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. In addition, the proposed action is exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and/or minor alteration of existing public facilities.

BACKGROUND:

The City is in need of a facility capable of providing the necessary training and education to all City staff from various departments Citywide. Up until now, such training and education classes have

Page 1 of 4 ends

99 File #: 25-168 Meeting Date: 2/18/2025
staff from various departments Citywide. Up until now, such training and education classes have been accommodated in the Council Chambers (if available), individual conference rooms, personal offices, offsite facilities, or online classes, if available. Given the continual necessity for legally required training and other critical and time sensitive training and education for City staff, funding of $480,000 was approved in the Fiscal Year 2022-23 CIP Budget. In addition, three offices for Information Technology (I.T.) staff will be built adjacent to the proposed training room to accommodate the growth in staffing of the I.T. Department authorized by the 5-Year Information Technology Strategic Plan and prior year’s budgets.

The scope of work generally consists of demolition and remodel of the City Hall Basement storage areas to make room for the addition of the City Hall training room and offices. The basement remodel includes new walls; partitions; mechanical heating, venting, and air conditioning (HVAC); electrical; lighting; low voltage and data; fire alarm; finish paint; and flooring improvements as well as an advanced audio visual (AV) system for the classroom training room. All computer network equipment and cabling, office and classroom furniture, finishes, and fixtures & equipment will be procured, and constructed per the project specifications. A copy of the plans, specifications, and working details is available for review in the Office of the City Clerk.

Attachment 1 shows renderings for the proposed layout of the new I.T. offices and training room in the basement of City Hall.

ANALYSIS:

The City Clerk received and opened fourteen (14) bids for this project on December 5, 2024. One of the bids, submitted by FM Workspace Solutions, LLC, was invalidated for not attending the mandatory pre-bid meeting and not submitting and acknowledging the final bid addendum.

After the bid opening, Triangle DeCon Services (Triangle) was the initial apparent lowest bidder with a bid proposal of $470,000. The average of the bids received, excluding the invalidated bid submitted by FM Workspace Solutions, amounted to $640,557.15. The bid abstract for this project is included as Attachment 2.

American Construction Company (ACC), the next lowest bidder, submitted a protest letter challenging the apparent low bid submitted by Triangle (Attachment 3).

Staff completed a comprehensive review of the submitted bids and ACC’s bid protest letter and determined that Triangle’s bid proposal failed to meet the “Qualification of Bidders” requirement outlined in Paragraph 2 of SECTION B, INFORMATION FOR BIDDERS in the project specifications and Notice Inviting Bids. Specifically, Triangle did not include a completed list of construction projects and references demonstrating:
1) Five (5) years of continuous experience as a prime contractor on projects of comparable quality, size, complexity, and type; and
2) Completion of three (3) projects as a prime contractor that meet these criteria.

Staff subsequently requested that Triangle provide an updated list of qualifying projects and additional information that would substantiate their qualifications. In response to the City’srequest, Triangle was unable to furnish any additional qualifying pre-requisite experience to support its bid

Page 2 of 4 ends

100
File #: 25-168 Meeting Date: 2/18/2025
Triangle was unable to furnish any additional qualifying pre-requisite experience to support its bid proposal or meet its ability per the requirements outlined in the “Qualification of Bidders.” Based on the City’sreview and findings, Triangle’sbid is found to be non-responsive, and ACC, as the second-lowest bidder, is the lowest responsive and responsible bidder. Staff’sresponse to the bid protest was issued on January 2, 2025 (Attachment 4). Therefore, staff recommends awarding the project to ACC for its bid proposal amount of $490,000.

The licenses and references from ACC have been checked, and staff has found them to be in good standing. In addition, ACC has performed substantially similar projects, such as the Norwalk Adult School Upgrades Project for the Norwalk-La Mirada Unified School District, Edison Community Center Improvements for the City of Huntington Beach, and the Riverside County District Attorney Offices Remodel in the City of Riverside.

Upon City Council award of the PWA (Attachment 5), ACC will furnish the necessary bonds for the project. After the award and subsequent execution of the agreement, a “Notice to Proceed” will be issued.

ALTERNATIVES:

The City Council could reject all bids, re-advertise, and re-bid the project for construction. Staff has determined that re-advertising and re-bidding the project will not result in lower bids and will delay the project.

FISCAL REVIEW:

The funding for this project is available in the Fiscal Year 2024-25 Capital Improvement Fund (Fund 401). A total of $480,000 was originally appropriated with $50,000 spent on design and analytical work with $430,000 remaining. As such, an additional $109,000 is needed to fund the $490,000 required for the construction and 10% contingency of $49,000. Sufficient funding is available in the CIP Fund 401 fund balance from accumulated savings in other completed projects.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this agenda report, prepared the PWA, and approves them 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. · Maintain and Enhance the City’s Infrastructure, Facilities, Equipment and Technology.

CONCLUSION:

Staff recommends the City Council:

1. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to

Page 3 of 4 ends

101
File #: 25-168 Meeting Date: 2/18/2025

1. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA guidelines Section 15301 and adopt plans, specifications, and working details for the Costa Mesa City Hall I.T. Offices and Training Room Basement Remodel Project, City Project No. 24-11.

2. Reject the bid submitted by Triangle DeCon Services, Inc., 25422 Adriana Street, Mission Viejo, California 92691 as non-responsive.

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

Page 4 of 4 ends

102
441 SF

TRAINING
ROOM
101
137 SF

MANAGER
OFFICE
102
309 SF

IT WORKING
AREA
103

EXISTING
A

V STUDIO
(N.I.C)
160 SF

VESTIBULE
100
ADA
HALL
W
A
Y
(N.I.C)

EXISTING ST
ORAGE
(N.I.C)
101
103
102
3 1/2"
17' - 2 1/2"
4"
20' - 0"
8"
3' - 6"
8"
8"
15' - 2"
10"
10"
15' - 0"
10"
4"
6"
6' - 1
1"
4"
22' - 1 1/2"
3 1/2"
4 1/2"
1' - 6"
5' - 5"
1 1' - 10 1/2"
4"
5' - 0"
1 1' - 6"
4"
16' - 4 1/2"
8"
28' - 2 1/2"
3 1/2"
8"
25' - 4"
5' - 9"
6' - 1"
6'-8"
4'
5'
6'-6"
1'-9"
6'
4'
3'-4"
6'
4'-3"
2'-6"
2'-6"
7'-6"
1'-5"
9'
6'-6"
2'-6"
2'-6"
1'-1
1"
2'-7"
5'
6'

IDS GROUP
*90"W
T

ABLE IS SPECIAL, REQUIRE

TESTING
1/10
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw CITY

OF COST
A
MESA
ATTACHMENT 1
103

IDS GROUP
2/10
CITY

OF COST
A

MESA-OVERALL
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw ATTACHMENT 1
104
3/10
CITY

OF COST
A

MESA-OVERALL
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw

IDS GROUP
ATTACHMENT 1
105
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw 4/10

IDS GROUP
CITY

OF COST
A

MESA-TRAINING ROOM
ATTACHMENT 1
106
CITY

OF COST
A

MESA-TRAINING ROOM-CREDENZA-OPT
.1
5/10
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw

IDS GROUP
ATTACHMENT 1
107
6/10
CITY

OF COST
A

MESA-TRAINING ROOM-CREDENZA-OPT
.2
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw

IDS GROUP
ATTACHMENT 1
108
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw 7/10

IDS GROUP
CITY

OF COST
A

MESA-MANAGER OFFICE
ATTACHMENT 1
109
CITY

OF COST
A

MESA-MANAGER OFFICE
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw

IDS GROUP
8/10
ATTACHMENT 1
110
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw 9/10

IDS GROUP
CITY

OF COST
A

MESA-IT

WORKING
AREA
ATTACHMENT 1
111
CITY

OF COST
A

MESA-IT

WORKING
AREA
10/10

IDS GROUP
l:\Clients\F - L\IDS\406227 City of Costa Mesa\406227 IDS-City of Costa Mesa.cmdrw ATTACHMENT 1
112
City Total Base Bid

1. Triangle DeCon Services, Inc Mission Viejo * $470,000.00 Non-responsive

2. American Construction Company LLC Anaheim $490,000.00

3. The Stone Collector Anaheim $498,000.00

4. YMC Irvine $549,000.00

5. Urban Professional Builders Inc. Pasadena $584,000.00

6. Blackstone Builders Inc. Corona $623,370.00

7. Empire Design & Build Irvine $630,000.00

8. Ambit Construction and Design, Inc., Pacoima $648,250.00

9. Cal-City Construction, Inc. Cerritos $714,300.00

10. Golden Gate Steel, Inc. Norwalk $715,573.00

11. MLC Constructors Inc Corona $725,207.00

12. Venture Construction & Management Corona $763,500.00

13. D.F. Perez Construction, Inc. Anaheim $916,043.00
14 FM Workspace Solutions LLC San Diego *** Invalidated by Planet Bids *
**
AVERAGE BID:

RESPONSIBLE LOW BIDDER:

BY:
$490,000.00
American Construction Company LLC
BID OPENING RESULTS: December 5, 2024

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT
CITY PROJECT NO. 24-11

COSTA MESA CITY HALL IT OFFICES AND TRAINING ROOM BASEMENT REMODEL Bidder
$640,557.15
Bid invalidated by Planet Bids. Bidder did not attend pre-bid meeting and submitted bid prior to final addendum.

Bid found non-responsive.

PAGE 1 OF 2
ATTACHMENT 2
113
- 1 -
Date: December 5, 2024
To:

Anna Baca
City of Costa Mesa
Email: [email protected]
Subject: Protest of Award Recommendation – Project: Costa Mesa City Hall IT Offices and Training Room Basement Remodel (Project No. 24-11)
Dear Ms. Baca,
We are submitting this letter to formally protest the recommendation to award the Costa Mesa City Hall IT Offices and Training Room Basement Remodel (Project No. 24-11) to Triangle DECON Services Inc.

Based on the bid documents, specifications, and applicable California laws, we believe the lowest bidder's submission is non-responsive. Below, we outline our concerns in detail with specific references for your review:

1. Non-Compliance with Public Contract Code Section 4100 Per Section P-6 "Designation of Subcontractors" in the bid specifications (page 68 of the attached documents), bidders must list subcontractors for any work exceeding 0.5% of the total bid amount or $10,000, whichever is greater. This includes specialty scopes such as electrical, low-voltage, and HVAC.  Triangle DECON Services Inc., as a General Building Contractor with License B, did not list subcontractors for these specialty trades.
 As outlined in Section 4107 of the Public Contract Code, failure to designate subcontractors for these trades obligates the bidder to perform the work themselves. Without appropriate specialty licenses (e.g., C-10 for electrical, C-20 for HVAC), this violates the statutory requirements.

2. Non-Compliance with California Business and Professions Code Section 7057 Under Section 7057 of the California Business and Professions Code, a General Building Contractor may only self-perform specialty work if:

1. They hold the required specialty licenses.

2. They subcontract the work to licensed subcontractors.

This project includes specialty scopes for electrical, HVAC, and low-voltage systems, which are distinct from general carpentry or framing. Triangle DECON Services Inc. does not hold the required specialty licenses and failed to subcontract this work, making their bid non-compliant.

3. Alignment with the Subletting and Subcontracting Fair Practices Act ATTACHMENT 3
114
- 2 -
The Subletting and Subcontracting Fair Practices Act (Sections 4100–4113 of the Public Contract Code) strictly prohibits subcontracting specialty work post-bid submission unless under emergency conditions approved by the legislative body.
 The omission of subcontractors in Triangle DECON Services Inc.’s bid submission cannot be corrected post-award, as doing so would contravene the City’s own bid requirements.

Our Compliance
American Construction Company LLC has complied with all requirements set forth in the bid specifications.
 We hold both a General Building Contractor License (B) and a C-20 HVAC license, enabling us to perform or subcontract all specialty work as required.
 We listed qualified subcontractors for specialty scopes exceeding the 0.5% threshold in accordance with Section P-6 of the bid notice.

Our adherence to these requirements, combined with our proven track record in public works projects, ensures that we are fully capable of delivering this project efficiently and in compliance with all applicable laws and regulations.

Request for Consideration
We respectfully request the City of Costa Mesa to review the lowest bidder’s submission for compliance with the bid requirements and applicable laws. Based on this review, we believe Triangle DECON Services Inc.’s bid should be deemed non-responsive, and American Construction Company LLC should be considered for award as the next lowest responsive and responsible bidder.

Thank you for your attention to this matter. We are available to provide any additional documentation or clarification upon request. Please contact me directly at [Insert Phone Number] or [Insert Email Address].

Sincerely,
Ben Hamed, AM.ASCE, AIA, LEED-GA
Principal Engineer
CEO, ACC & ACC and Engineering
1130 N Kraemer BLVD. Unit# I, CA 92806
714-844-2140 ext. #104
ATTACHMENT 3
115

CITY OF COSTA MESA
P.O. BOX 1200  77 FAIR DRIVE  CALIFORNIA 92628-1200

FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION Sent by Certified Mail January 2, 2025
and by E-Mail
Matt Pirayeh
Triange Decon Services, Inc.
25422 Adriana St
Mission Viejo, CA 92691
Matt Pirayeh, PE, PMP, DBIA [email protected]
Ben Hamed
American Construction Company, LLC, DBA ACC
1130 N Kraemer Blvd #1
Anaheim, CA 92806
Ben Hamed, AM.ASCE, AIA [email protected]
SUBJECT: RESPONSE TO BID PROTEST

FINDINGS OF NON-RESPONSIVENESS

COSTA MESA CITY HALL IT OFFICES AND TRAINING ROOM
BASEMENT REMODEL, CITY PROJECT NO. 24-11
Dear Bidders:

The City Clerk of the City of Costa Mesa (“City”) received and opened fourteen (14) bids for the Notice Inviting Bids (“Notice”) for the Costa Mesa City Hall IT Offices and Training Room Basement Remodel, City Project No. 24-11 (“Project”) on December 5, 2024. On the same day, American Construction Company, LLC, DBA ACC (“ACC”) submitted a protest letter (Attachment 1) challenging the apparent low bid submitted by Triangle Decon Services (“Triangle”). This letter addresses ACC’s protest and explains why Triangle’s bid has been deemed non-responsive, while ACC’s bid is considered responsive.

Based on this analysis, the City Engineer recommends awarding the Project to ACC, as detailed below.

The City has completed its review of the bids submitted in response to the Notice. ACC’s protest alleges that Triangle failed to designate appropriately licensed specialty subcontractors for the electrical and HVAC scopes of work.

ACC appears to have based its protest solely on the “Bid Results” section of the PlanetBids website. However, upon review of the complete uploaded bid proposal, it was confirmed that Triangle had indeed designated appropriately licensed specialty subcontractors.

ATTACHMENT 4
116
2 Despite this determination, a thorough review of Triangle’s bid proposal revealed that it failed to meet the “Qualification of Bidders” requirements outlined in Paragraph 2 of SECTION B, INFORMATION FOR BIDDERS in the Notice.

Specifically, Triangle did not include a completed list of construction projects and references demonstrating:
1) Five (5) years of continuous experience as a prime contractor on projects of comparable quality, size, complexity, and type; and
2) Completion of three (3) projects as a prime contractor that meet these criteria.

The City staff subsequently requested that Triangle provide an updated list of qualifying projects. However, Triangle was unable to furnish any substantial qualifying prerequisite experience to support its bid proposal and ability to meet the “Qualification of Bidders” requirements. They did send an email stating they started their business in 2019 but did not start any projects until 2023. Of the projects they had completed they also stated that only one could be considered comparable. As a result, the City Engineer concludes that Triangle’s bid is non- responsive.

California Public Contract Code section 20162, which governs the City’s award of the contract for this Project, requires that the contract be awarded, if at all, to the lowest responsible bidder. A bid is responsive if it promises to do what the bidding instructions demand. ( See D.H. Williams Construction, Inc. v. Clovis Unified School Dist. , 146 Cal. App. 4th 757, 764 (5th Dist. 2007).) Responsiveness is determined from the face of the bid. ( See Great West Contractors, Inc. v. Irvine Unified School Dist. , 187 Cal. App. 4th 1425, 1452-53 (4th Dist. 2010
Based on the above analysis, Triangle’s bid is non-responsive, and ACC, as the second-lowest bidder, is the lowest responsive and responsible bidder.

Accordingly, the City Engineer recommends awarding the Project to ACC.

The Project is tentatively scheduled to be presented to the City Council on February 4, 2025, at 6:00 PM for award. If any bidder wishes to protest or object to these determinations and the intent to award the contract to ACC, they must attend the Council Meeting on February 4, 2025 and provide written objection and supporting evidence to the City Clerk’s Office at City Hall, 77 Fair Drive, Costa Mesa, CA 92626, no later than January 28, 2025.

ATTACHMENT 4
117
3 Sincerely,
Seung Yang
City Engineer
Attachment 1 – December 5, 2024 protest from:

American Construction Company, LLC, DBA ACC (2 pages)
c: Raja Sethuraman, Public Works Director (email only)
Bobby Fouladi, Senior Engineer (email only)
Tarquin Preziosi, Assistant City Attorney (email only)
Lauren B. Stec – Attorney at Law, Lanak & Hanna (email only) File:

ATTACHMENT 4
118
1 CITY OF COSTA MESA
PUBL

IC WORKS AGREEMENT FOR
CITY PROJECT NO. 24-11
T
HIS PUBLIC WORKS AGREEMENT (“Agreement”), dated February 18, 2025 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and American Construction Company, LLC DBA ACC, a California Limited Liability Company (“CONTRACTOR”).

W
HEREAS, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and
W
HEREAS, CITY has determined that CONTRACTOR is the lowest responsible bidder; and
W
HEREAS, CITY now desires to contract with CONTRACTOR to furnish construction and related services for the Project; and
W
HEREAS, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed.

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

1. SCO
PE OF WORK.

The s
cope of work generally consists of demolition and remodel of the City Hall Basement storage areas to add a City Hall Training Room and IT Offices (the “Work”).

The W
ork is further described in the “Contract Documents” referred to below.

The P
roject is known as the Costa Mesa City Hall IT Offices and Training Room Basement Remodel Project, City Project No. 24-11 (the “Project”).

2. CO
NTRACT DOCUMENTS.

The c
omplete Agreement consists of the following documents relating to the Project:
(a) This Agreement;
(
b) CONTRACTOR’s bid, attached hereto as Exhibit A and incorporated herein; (
c) Bid package , including, but not limited to, notice inviting bids, complete plans, profiles, detailed drawings and specifications, general provisions and special provisions. The bid package is attached hereto as Exhibit B and ATTACHMENT 5
119
Project and Specification No. 24-11
2 incorporated herein;

(d) Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond, attached hereto as Exhibit C;

(e) Drug-Free Workplace Policy, attached hereto as Exhibit D and incorporated herein; and

(f) Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”). Provisions of The Greenbook are incorporated by this reference as if fully set forth herein.

The documents comprising the complete Agreement will be referred to as the “Contract Documents.”

All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.

In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.

The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.

3. CITY’S REPRESENTATIVE.

The CITY’s Representative is Bobby Fouladi referred to herein as the Project Manager (“Project Manager”).

4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.

(a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion.

(b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY.

This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

All Work shall be performed in accordance with the schedule approved on behalf ATTACHMENT 5
120
Project and Specification No. 24-11
3 of CITY by the Project Manager, and in accordance with the time of performance set forth in Paragraph 11 (Time of Performance).

6. EQUIPMENT - PERFORMANCE OF WORK.

CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work in a good and workmanlike manner in strict conformity with the Contract Documents.

The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval.

7. COMPENSATION.

CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Four Hundred Ninety Thousand Dollars ($490,000.00).

8. ADDITIONAL SERVICES.

CONTRACTOR shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services.

It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable.

9. PAYMENTS TO CONTRACTOR.

On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month.

A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance Department and processed for payment by obtaining approval from the City Council to issue a warrant.

Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to ATTACHMENT 5
121
Project and Specification No. 24-11
4 CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY.

Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained funds and will hold the securities in lieu thereof.

CONTRACTOR shall be entitled to any interest earned on the securities.

In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to CONTRACTOR upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00).

10. PROMPT PAYMENT OF SUBCONTRACTORS.

CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY.

CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed.

Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.

11. TIME OF PERFORMANCE.

CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within Ninety (90) working/calendar days from the first day of commencement of the Work.

ATTACHMENT 5
122
Project and Specification No. 24-11
5 12. TERMINATION.

(a) Termination for Convenience. CITY may terminate this Agreement at any time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.

(b) Termination for Breach of Contract.

(i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate.

(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY.

(iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.

13. LIQUIDATED DAMAGES.

In the event the W ork is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to Nine Hundred Dollars ($900.00) as liquidated damages for each calendar day beyond the date provided for the completion of such work.

The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement.

14. PERFORMANCE BY SURETIES.

ATTACHMENT 5
123
Project and Specification No. 24-11
6 In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR , and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 13 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of su ch materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.

15. DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided by the Project Manager, and his or her decisions shall be final and binding upon CONTRACTOR and its sureties.

16. SUPERINTENDENCE BY CONTRACTOR.

At all times during performance of the Work, CONTRACTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR.

17. INSPECTION BY CITY.

CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off -site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site.

18. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.

CONTRACTOR warrants that it has examined the site of the Work and is familiar ATTACHMENT 5
124
Project and Specification No. 24-11
7 with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement.

CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off -site and for the Work performed until completion and final inspection and acceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by CONTRACTOR.

19. CONTRACT SECURITY AND GUARANTEE.

CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and th e forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S.

Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents.

CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

CONTRACTOR guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook.

CONTRACTOR shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those failures or defects of which CONTRACTOR is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded.

The rights and remedies available to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor its furnishing of the bonds, nor acceptance ATTACHMENT 5
125
Project and Specification No. 24-11
8 thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY against CONTRACTOR.

20. INDEMNIFICATION.

CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys’ fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected officials, officers, agents and employees based upon the work performed by the CONTRACTOR, its employees, and/or authorized subcontractors under this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

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

CONTRACTOR shall comply with all of the provisions of the Workers’ Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorney fees, that may be presented, brought or recovered against CITY for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR.

CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement.

The hold harmless agreements by CONTRACTOR shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorneys’ fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR ATTACHMENT 5
126
Project and Specification No. 24-11
9 or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and its elected and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors.

In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the control of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY.

21. INSURANCE.

(a) Minimum Scope and Limits of Insurance. CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance required under this Paragraph 21 and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

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

(i) 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 Millio n Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(ii) 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.

(iii) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its ATTACHMENT 5
127
Project and Specification No. 24-11
10 workers’ compensation insurance policy against the CITY, its officers, agents, employees, and volunteers arising from work performed by CONTRACTOR for the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(iv) Umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

(1) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; (4) Policies shall “follow form” to underlying primary policies; and (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

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

(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.”

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

(c) Reporting Provisions . Any failure of CONTRACTOR 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.

(d) Insurance Applies Separately. CONTRACTOR’s insurance shall apply ATTACHMENT 5
128
Project and Specification No. 24-11
11 separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(e) 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.

(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to City’s Risk Management.

(g) Non-Limiting. Nothing in this Paragraph 21 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.

22. PREVAILING WAGE REQUIREMENTS.

(a) Prevailing Wage Laws. CONTRACTOR is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

(b) Payment of Prevailing Wages. CONTRACTOR shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRA CTOR shall post a copy of such wage rates at all times at the project site(s).

(c) Legal Working Day . In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of the Labor Code regarding eight (8) -hour work day and 40- hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by CONTRACTOR’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one -half times the ATTACHMENT 5
129
Project and Specification No. 24-11
12 basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by CONTRACTOR or by any subcontractor(s) of CONTRACTOR, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

(d) Apprentices. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects.

CONTRACTOR shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

(e) Payroll Records. Pursuant to Labor Code Section 1776, CONTRACTOR and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. CONTRACTOR shall also furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during the preceding weekly payroll period.

(f) Registration with DIR . CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

23. COMPLIANCE WITH ALL LAWS.

CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and federal laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours.

24. DRUG-FREE WORKPLACE POLICY.

CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug- Free Awareness Program, and must abide by its terms.

ATTACHMENT 5
130
Project and Specification No. 24-11
13 CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100- 5, attached hereto. Failure to establish a program, notify employees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.

25. NON–DISCRIMINATION.

In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code.

26. PROVISIONS CUMULATIVE.

The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY.

27. NOTICES.

It shall be the duty and responsibility of CONTRACTOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid.

All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Bobby Fouladi

Notices required to be given to CONTRACTOR shall be addressed as follows:

American Construction Company, LLC DBA ACC
1130 N. Kraemer Blvd., Suite 1
Anaheim, CA 92806
Attn: Ben Hamed, A.M.ASCE, AIA, CEO & Principal Engineer

Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows:

_________________
ATTACHMENT 5
131
Project and Specification No. 24-11
14 _________________
_________________
Attn: ___________

28. INDEPENDENT CONTRACTOR.

The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship.

29. P ERS ELIGIBILITY INDEMNIFICATION.

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

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

30. VALIDITY.

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement.

31. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws ATTACHMENT 5
132
Project and Specification No. 24-11
15 of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California.

32. NO THIRD PARTY BENEFICIARY RIGHTS.

This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

33. ASSIGNABILITY.

This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such transfer or assignment, or attempted transfer or assignment, without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.

34. WAIVER.

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 referring expressly to this Paragraph. 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.

35. HEADINGS.

Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.

36. 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.

37. COUNTERPARTS.

ATTACHMENT 5
133
Project and Specification No. 24-11
16 This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement.

38. 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.

[Signature page follows.]
ATTACHMENT 5
134
Project and Specification No. 24-11
17 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: _____________________ Lori Ann Farrell Harrison
City Manager

CONTRACTOR

__________________________________ Date: _____________________ Signature

__________________________________
Ben Hamed, CEO & Principal Engineer

ATTEST:

__________________________________ Date: _____________________ Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: _____________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: _____________________ Ruth Wang
Risk Management

ATTACHMENT 5
135
Project and Specification No. 24-11
18 APPROVED AS TO PURCHASING:

__________________________________ Date: _____________________ Carol Molina
Finance Director

DEPARTMENTAL APPROVAL:

__________________________________ Date: _____________________ Raja Sethuraman
Public Works Director

__________________________________ Date: _____________________ Bobby Fouladi
Project Manager

ATTACHMENT 5
136

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-180 Meeting Date: 2/18/2025
TITLE:

EMERGENCY GENERATOR UNITS FOR CITY HALL AND THE COMMUNICATIONS BUILDING DEPARTMENT: PUBLIC WORKS DEPARTMENT/GENERAL SERVICES

DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: PATRICK BAUER, DEPUTY PUBLIC WORKS DIRECTOR, (714) 754-5029
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the use of Sourcewell’sCooperative Agreement #092222-CAT with Caterpillar Inc. for the purchase of two (2) diesel emergency generators, two (2) automatic transfer switches, and two (2) double wall day tanks for fuel for City Hall and the Communications Building through Quinn Power Systems totaling $389,543.19.

BACKGROUND:

The Costa Mesa City Hall and Communications Building both utilize generators to help power all electricity in their respective buildings in an emergency. On January 8, 2025, strong winds triggered a power outage at City Hall, disabling electronic door access, computers, lights, and elevators. The City Hall generator turned on for a short period and then failed, resulting in complete loss of power to the building. The current generator is several decades old, and the parts are difficult to obtain to keep it functional at all times. It is recommended that the generator be replaced to power the City Hall reliably in the event of Edison power failure.

The Police Department’sCommunication Center’sgenerator, though it remained functional during the strong winds, has also exceeded it’slifespan. In order to prevent potential disruptions to all dispatch activities, this unit should also be replaced.

Page 1 of 3 ends

137
File #: 25-180 Meeting Date: 2/18/2025
ANALYSIS:

The existing generators at City Hall and Police Department Communication Center have exceeded their useful lives. The high winds that caused a blackout was a reminder of how vital it is to have reliable backup power supply sources at critical City facilities. It is recommended that the generators at both City Hall and the Police Department Communication Center be replaced as a safeguard against future power failures. The cost for the replacement and installation of two power generators is estimated at $700,000.The cost for the project will be funded from the Capital Improvement Fund (Fund 401) undesignated fund balance.

A quote from Quinn Power Systems, Caterpillar, was received for two (2) new generators, two (2) fuel tanks, two (2) automatic transfer switches, and accompanying equipment. Due to an extensive lead time to receive the equipment, the generators should be purchased first while the labor for installation goes through the normal procurement process. Purchasing the generators and equipment material through Sourcewell meets all requirements set forth in the City of Costa Mesa’sPurchasing Policy and all requirements set forth by the State of California in regard to regional cooperative purchasing agreements. This process confirms that the City still receives the lowest available pricing, and meets the competitive bid process requirements. The City has utilized Sourcewell successfully for several previous related purchases.

The quote is included as Attachment 1 and totals $389,543.19, which includes all parts, equipment, tax, and delivery to include an extensive lead time of 30 - 60 weeks. During this time, the City will follow the procurement process to secure a separate contract for the design and installation of the generator equipment at City Hall and the Police Department Communications Center. The contract is estimated at approximately, $300,000 and will be funded from the Capital Improvement Fund (Fund 401) undesignated fund balance.

ALTERNATIVES:

The alternative to this Council action would be to advertise the purchase of generators and related accompanying materials or advertise both the materials and the labor. Staff has determined that following this route will result in a markup from the contractor as well as extending the time it will take to receive the materials. In addition, formal bidding may not result in lower prices than the proposed Sourcewell pricing for the procurement of generators and related equipment.

FISCAL REVIEW:

The emergency purchase and installation of two (2) generator units, two (2) fuel tanks, two (2) automatic transfer switches, and accompanying equipment will be funded by the Capital Improvement Fund (Fund 401) undesignated fund balance for a total of $389,543.19. In addition, to fund a separate contract for the design and installation of such equipment, and to secure sufficient funding for the entire project, an additional $300,000 in appropriation authority is requested, for a total of $700,000. A future contract will be brought to the City Council for consideration and approval once a qualified vendor for the design and installation is identified. As it takes approximately 30 to 60 weeks of lead time to receive the procured equipment, total funding for the project is requested at this time to secure all necessary funding to bring the project to completion.

Page 2 of 3 ends

138
File #: 25-180 Meeting Date: 2/18/2025
LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

CONCLUSION:

1. Authorize the use of Sourcewell’s Cooperative Agreement #092222-CAT with Caterpillar Inc. for the purchase of two (2) diesel emergency generators, two (2) automatic transfer switches, and two (2) double wall day tanks for fuel for City Hall and the Communications Building through Quinn Power Systems totaling $389,543.19.

2. Approve an appropriation of $700,000 in the Capital Improvement Fund (Fund 401) fund balance to purchase the equipment totaling $389,543.19, and an additional $300,000 for a separate design and installation contract to be brought under separate cover in the future, fensuring sufficient funds to complete the project.

Page 3 of 3 ends

139
B UDGETARY QUOTATION NO. 250058
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 46
3-6000 Fax: (562) 463-7156 D ate: February 10, 2025 Page: 1 of 4 To: Contact: Terms: Net Cash, see T&C’s
C ompany: F .O.B. Jobsite, unloading by others
A ddress: S ales Rep.: Cameron Early
C ity, Zip: C ontact #: (949) 395 1127
P hone: E mail: E mail: [email protected]
Project Name: BUDGETARY 250058 Costa Mesa Comms Bldg and City Hall Gensets Sourcewell Contract #0922220-CAT
Qty: Description Unit Price Extension
1 CITY HALL New Caterpillar, Model 15 Diesel Standby Generator Set. Rated 500kW, w/fan, 60Hz, 3Ph, 277/480V at 1800 RPM. EPA Tier 2(Budget)
$ 165,455.00 $ 165,455.00
1 CITY HALL New Caterpillar, Automatic Transfer Switch, Open Transition. Rated 1200A, 4P, 277/480V, 60Hz, 3Ph, NEMA 1 Enclosure.(Budget) $ 17,034.00 $ 17,034.00 1 CITY HALL New 2500 Gallon UL-2085 Double Wall Outdoor Rated Day Tank, (Budget) $ 57,529.00 $ 57,529.00 1 Comm. Building New Caterpillar, Model D100-8 Diesel Standby Generator Set. Rated 100kW/, w/fan, 60Hz, 3Ph, 277/480V at 1800 RPM EPA Tier 3 (Budget) $ 62,831.00 $ 62,831.00 1 Comm. Building New Caterpillar, Automatic Transfer Switch, Open Transition. Rated 600A, 4P, 277/480V, 60Hz, 3Ph, NEMA 1 Enclosure. (Budget) $ 11,617.00 $ 11,617.00 1 Comm. Building New 1000 Gallon UL-2085 Double Wall Outdoor Rated Day Tank,(Budget) $ 47,059.00 $ 47,059.00 1 Approximate Sales Tax 7.75% $ 28,018.19 $ 28,018.19 Quote Valid for 30 Days From Date Listed In Quote Header.

After 30 Days Please Contact Your Quinn Sales Representative to Update Quote Optional adders listed below.

Pricing is budgetary, Single Lines, Feeder Schedule and Specifications needed for final price.

I ncludes standard features as listed in product data sheet and additional accessories as listed herein…
SALES TAX NOT INCLUDED. Buyer responsible for all taxes including any applicable tire fees. The quotation provided herein is for information only, and is not a valid offer to sell unless signed by an officer of Quinn Power Systems in the space provided below. Any offer to sell or any offer accepted shall be subject to the Terms and Conditions page. Unless expressly stated on the face of this quotation, all prices, delivery schedules and product specifications are subject to change without notice. Quotati on is good for 30 days from quote date above, expires after that duration.

Total Price : $ 389,543.19
Attachment 1
140

BUDGETARY QUOTATION NO. 250058
3500 Shepherd Street, City of Industry, California 90601 Box 226789, Los Angeles, California 90022-0744
(562) 463-6000 Fax: (562) 463-7156 Date: February 10, 2025 Page: 2 of 4

Accessories and/or modifications

Initial fill of coolant and lube oil
(1 set) Operation & Maintenance manuals (electronic copy) * (additional sets, at additional cost) Factory standard warranty - 2 years from startup service Spare Parts * (set of filters)
Fuel Tank Normal Vent Extension (12’ft above grade) *
Extended Service Coverage - 5 year / 2500 hour, Platinum w/ $0 deductible from startup service

QPS field work

Delivery to jobsite (offload/crane service by others)
Level 3 Startup Service [incl. generator inspection & 4hr load bank test] ~ On-site Training Session [single, 4 hour day]
CSA (Preventative Maintenance) –1 year, Annual
** See adder price below for a separate training session**

Optional adders
SCAQMD Permits to Operate Not Quoted. If Permits are needed to be obtained by Quinn ADD $30,780.00 (Budget number)

Not included
Sales tax
Air, building or construct permits
Offloading/crane service of equipment off delivery truck Installation, wiring, piping, plumbing or anchoring of equipment Diesel fuel, initial fill or for testing

Availability:

Submittals: Estimated (10 Weeks) on receipt and approval of purchase order. (1 electronic copy) Submittal approval is expected not exceed 60 days, additional time may impacted delivery schedule and equipment price increases.

Equipment: Estimated (Varies but about 20-40 Weeks) for factory build time after submittal approval. Subject to change at time of order.

Modifications: Estimated (Additional time TBD) additional time will vary depending on 3rd party or Quinn shop schedule and scope of work.

Not included: Unforeseen factory delays, transit time from factory or vendor and/or delays due to project site readiness. ** Equipment prices and lead times are subject to change without notice.**

NOTES, EXCEPTIONS, CLARIFICATION

 Quinn Power Systems is not a general, electrical or installing contractor. Providing equipment and services as described above only.

 The equipment offered in this proposal is CAT standard product (with modifications) as listed above based on written request. No specifications or drawings provided for review. No other written details, plans, specification sections, contract documents, general or supplementary conditions apply to this quotation. Equipment is as stated above, call for any revisions to equipment quoted. Exception taken to anything not included in this proposal and as listed below.

 Quotation does not include any Sales Tax, Air District or Building Permits, Off-loading or Crane Services, Installation or Anchoring, Initial Fuel fill or Test fuel, Major Testing unless otherwise specified in the Bill of Materials.

 Depending on final height of installed generator set, a working platform may be required to access the control panel and maintenance doors. Platforms are not included in this proposal, unless stated above. Call for revised quotation if required.

 Startup/Commissioning Services are provided for CAT factory/QPS supplied equipment only. Scope of work for Startup Services available upon request. Out of Scope services are billed on a Time & Material basis in the field at purchaser's expense. QPS standard labor rates apply. Technician services are provided during normal business hours Monday through Friday.

 Exception taken to any NETA 3
rd party or independent testing requirements. Any and all testing as listed above to be provided by QPS technicians.

 Quinn Group, Inc. dba Quinn Power Systems provides equipment and startup services only. All equipment is installed by others

EMISSIONS NOTE

 "California Air Resources Board (CARB) has approved alignment with the federal New Source Performance Standards (NSPS). Such alignment allows for emergency standby engines to be exempt from Tier 4 emissions standards; however, local air districts can require more stringent emissions control. The prospective buyer of the equipment quoted above is hereby notified the NSPS exemption does not apply to non-emergency standby engines (e.g. prime power applications such as peak shaving, parallel operation with the grid, or storm avoidance), or portable engines, even if used for emergency standby. Consult the local air district for permitting requirements and required emissions 141

controls. Presently, South Coast Air Quality Management District (SCAQMD) Rule 1470 requires the use of a particulate filter if an engine is located within 100 meters of a school, and may require either a diesel particulate filter or an oxidation catalyst, depending upon engine size, if the installation is within 50 meters of a sensitive receptor. Particulate filters may also be required for Title V and major polluting facilities. For emissions requirements specific to the project for which this engine is being quoted, please contact SCAQMD at 909-396-2000. Unless otherwise listed above a DPF is not included in this proposal, please call for quotation if a DPF is required for this project.”

 Caterpillar engines require a minimum of 30% load to prevent engine damage due to wet-stacking. Depending upon the permit and site specific conditions, SCAQMD emergency engine permits will only allow between 20 and 50 hours of runtime per year for non-emergency applications such as testing and exercising. Passive Diesel Particulate Filter systems depend on generator loading of a minimum of 50-60% to achieve minimum exhaust temperature threshold to keep soot regeneration and the filter backpressure within acceptable levels. If the engine will be operated consistently at low loads/low exhaust temperatures, the customer should make provisions to add load via facility operations or a load bank. Active Diesel Particulate Filter systems require no external load in order to regenerate. If listed above, Passive DPF option pricing, does not include a load bank or a load bank circuit breaker. If a load bank is needed for this project, please call for quotation.

TERMS AND CONDITIONS

1. Acceptance of Order.

This Quotation is for Buyer's information only and is not a valid offer to sell unless signed by an authorized representative of Seller in the place provided on the face of this Quotation. Prices, terms and conditions in an order from Buyer, which are inconsistent with the prices, terms and conditions of this Quotation, will be rejected by Seller, and are of no force and effect unless accepted in writing by Seller. Prices, delivery schedules and the scope of work on this Quotation are subject to change at Seller’s discretion.

2. Liability.

Seller's liability on any claim of any kind, including claims for negligence, or for any loss or damage arising out of or connected with the manufacture, sale, delivery, installation, resale or use of any products covered by or furnished under any order connected with this Quotation shall be limited to those claims arising solely from the acts of Seller and Seller shall in no way be liable for any special, indirect, incidental or consequential damages. The term “consequential damages” shall include, but not be limited to, loss of an ticipated profits, business interruption, loss of use, revenue, reputation and data, costs incurred, including without limitation, for capital, fuel, power and loss or damage to property or equipment. Buyer expressly acknowledges and agrees that Seller has set its prices in reliance upon the limitations of liability and other terms and conditions specified herein, which allocate the risk between Seller and Buyer and form a basis of this bargain between the parties. Any claims against Seller for shortages in shipments shall be made in writing to Seller within fifteen (15) days of receipt of shipment by Buyer. Unless otherwise provided for in writing, Seller's responsibility for shipment ceases upon delivery to carrier, and any claims for shortage, delays or damage occurring thereafter shall be made direct to carrier by Buyer. Seller shall not be liable for any delays in delivery attributable to strikes, labor disputes, lockouts, accidents, fires, delays in manufacture or in transportation, delays in delivery of component materials, floods, severe weather, or Acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Seller. Seller shall not indemnify nor be liable to Buyer, Buyer’s assigns, successors, purchasers, less ees or licensees, or to any person or entity for any claims, losses, expenses or judgments arising out of or resulting in any way from the product or integration of compatibility of the product with any other components, processes, facilities or equipment that does not comply with the equipment manufacturer(s)’s recommendations.

3. Shipments.

Unless otherwise specified, all risk of loss from the goods shall shift to Buyer at such time as the goods are delivered to a carrier for shipment to Buyer. Unless otherwise specified, shipment dates are approximate and all quoted prices exclude shipping costs. Shipment of goods under any order accepted by Seller shall be subject to the approval by Seller of Buyer’s financial condition at the time of shipment.

Whether or not terms of payment are specified elsewhere, Seller may, at its option, condition shipments under any order accepted by Seller upon receipt of satisfactory security or of cash prior to shipment. If, at Buyer’s request, shipment of goods under any order accepted by Seller is delayed more than thirty (30) days after the shipment date specified in the order, or the date the goods are ready for shipment, whichever is later, Seller will require immediate payment in full and/or assess additional charges for the expenses incident to such delay.

4. Termination.

In the absence of a written agreement between Buyer and Seller expressing different terms and conditions as to termination, any order accepted by Seller may be terminated prior to completion by Buyer only upon written notice to Seller and payment of Seller’s termination charges. If notice of termination is received by Seller after Seller has committed to buy the principal components for any order, termination charges shall include all direct and indirect costs incurred by Seller and the total profit anticipated by Seller. Additionally, Buyer’s instruction to Seller to stop work for thirty (30) days during the time specified for performance in any order may be construed by Seller as the equivalent of written notice of termination from Buyer and previous stipulations will be in effect.

5. Taxes.

Unless expressly stated, Seller's prices do not include sales, use, excise or similar taxes, which Seller may be required to pay in filling Buyer's order. The amount of any applicable tax shall be paid by Buyer as an additional charge unless specifically included in any order accepted by Seller, or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.

6. Patents.

Seller shall, at its own expense, defend and save Buyer harmless from the expenses and consequences of any suit or procedure brought against Buyer, based on a claim that the use or sale of goods specified in any order accepted by Seller constitutes an infringement of any United States letters of patent in existence on the date of any such order; provided Buyer promptly notifies Seller in writing of such claim and gives the necessary authorization, information and assistance for the defense of such a claim.

7. Changes.

Seller, and Seller's suppliers, may, at any time, without notice to Buyer, make changes (whether in design, materials, the addition of improvements, or otherwise) in any goods specified in any order accepted by Seller without incurring any obligation of any kind as a result thereof, but only to the extent that such change does not cause the goods specified to fail to meet Buyer's requirements. Buyer may, in its order, provide for changes in its requirements with provision for a corresponding equitable change in the price, if any; but in no instance shall Buyer make changes, which are substantially different from the scope of the original order accepted by Seller.

8. Export Sales.

In the event the goods and services specified in any order accepted by Seller are for export, the Buyer shall be responsible for securing export, import and other licenses or authorizations as may be required.

The conditions specified in this Section apply to all export transactions. This transaction is only for the sale of the equipment requested and detailed in this Quotation. Not included is any startup assistance, field- testing, training or any other services that might be required on site. Also not included is any installation, installation audits, sea trials (if applicable), or installation materials. To ensure proper application, installation, and warranty integrity, Buyer is encouraged to contact the applicable Caterpillar Dealer for these services. The costs of these services are not included in the sale price nor will Seller be responsible for any such related costs.

9. Permits for Equipment Design, Installation and Operation.

As a supplier of equipment, disclaims responsibility for any and all permits or licenses necessary to design, install and operate the equipment due to zoning, air quality, environmental, safety, building or construction codes or use permits pertaining to Buyer’s particular application of such equipment or any similar type of permit. Special attention should be given to the requirements of local air district rules and California Air Resources Board (CARB) regulations pertaining to permit requirements. Seller is quoting on equipment based on the specifications set forth in this Quotation. If additional equipment or engine modifications are required beyond the specifications, such as additional equipment required for compliance by a local air district or CARB, those items are not included and are the responsibility of Buyer. For example, South Coast AQMD (SCAQMD) Rule 1470 may require controls and limits on particulate matter, especially when the engine installation is within 100-meters from a school, or within 50 meters of a sensitive receptor (defined in Rule 1470). Ultra low sulfur fuel is required for particulate filters. CARB Diesel Fuel, or other CARB-approved alternative fuel, is also required for compression ignition (CI) engines operated in California. When indicated in the bill of materials, the proposed equipment may be SCAQMD pre-approved as Certified Equipment. This certification does not eliminate the permit process or responsibility of others to obtain a permit. Procurement of certified equipment assures permitability, reduces the permit processing fees and reduces the time necessary to obtain the permit through SCAQMD.

10. Start-up, Commissioning and Operating Requirements.

Equipment provided in this Quotation may require start-up and commissioning, including inspection(s), to ensure the equipment is installed in accordance with manufacturer(s)’s recommendations and specifications. If Seller has commissioned the equipment, Buyer agrees not to modify the design or components of the installation such that the modifications would violate any legal requirements of the installation, or would cause the installation to deviate from manufacturer(s)’s recommendations and specifications. Buyer acknowledges and agrees that, with respect to products sold to Buyer in connection with this Quotation, Buyer shall have the sole responsibility to ensure the products are properly installed, operated and maintained in accordance with the manufacturer(s)’s recommendations and specifications, and to determine and comply with all applicable Federal, state, local and regulated use restrictions and requirements, including, without limitation, the continuing responsibility to ensure that the use of product is in full compliance with all applicable environmental laws and regulations. Failure to install, operate and maintain the products in accordance with the manufacturer(s)’s recommendations and specifications will invalidate any applicable manufacturer’s warranty.

11. Additional material.

Only those items listed in this Quotation are included with any order. For example, unless specifically identified in this Quotation, the following items are not included with any purchased equipment: any exhaust or fuel piping, main fuel tank, fuel, duct work, special tools, insulation, wiring, cable, bus duct, concrete, anchor bolts, rigging or any material or labor incidental to the installation itself. Buyer specifically assumes responsibility for the provision of any such items if not specifically identified in the Quotation.

142

12. Hours of services.

When included, delivery, startup assistance, field testing, training or any other services required on site will be provided during the normal weekday working hours of 7:00 am to 4:30 pm. Delivery or services occurring at any other time, weekends or holidays is subject to premium charges.

13. Warranty.

The equipment manufacturer's warranty is the only warranty provided in connection with the equipment described in this Quotation. Buyer is responsible for operating and maintaining the equipment as specified by the manufacturer. The manufacturer’s warranties are exclusive and in lieu of all other warranties either oral or written, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Seller is not a manufacturer and makes no warranty and shall not, under any circumstances, be liable for any indirect or special, incidental or consequential damages including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether arising from contract, tort, strict liability or any other theory of law. Buyer, Buyer’s assigns, successors, purchasers or any other person designated to operate the equipment as the end user, is responsible for operating the equipment in accordance with manufacturer(s)’s recommendations and specifications. Failure to perform all scheduled maintenance may result in damage to the equipment, and may be grounds to deny warranty coverage.

14. Terms.

Terms of payment are due upon receipt of invoice with no deductions of any kind for retentions, setoffs, discounts or other similar items. A finance charge of 1.5% per month (not to exceed the maximum allowed by law) will be charged on all past due invoices. When necessary Seller will file a California “Preliminary 20-day notice” pursuant to Section 3097 of the California Civil Code.

15. Cost additives.

A: Unit Cost.

Quotation prices are valid for 30 days only and are based on current market prices as of date of quotation. The Seller reserves the right to adjust the final invoice with a price escalation up to 6% due to 1) purchase orders being received after expiration of quotation, 2) fluctuations in raw materials market prices at time of order, 3) labor rate increases at time of scheduled field services, 4) delays in submittal approvals and/or release of equipment or 5) additional items or services provided that were not included as part of the original quotation. Since final invoicing can and may take place up to a year or more from original quotation date.

B: Delays.

If delivery is delayed by customer Buyer beyond original shipment date, purchase price is due 30 days after original shipment date and a storage and handling charge will be applied and is due each month until delivery. Finance charge of 1.5% per month (not to exceed the maximum allowed by law) is applicable on any amounts arising hereunder or in connection herewith that are not paid when due.

C: Start up.

If construction of the facility or other delays are experienced or expected, which prohibit the initial startup of the equipment beyond one year from delivery additional costs may be imposed including, but not be limited to, long term storage preparation, inspection charges, parts, service, etc.

16. Lead Times.

Lead times are based on manufactures estimated timetables. Project completion time may vary due to delays in receipt of purchase orders, submittal approval, release of equipment, manufactures unforeseen delays in production or holiday schedules. Project completion time frame cannot be guaranteed. Back orders will be processed as soon as available. Part number changes may be made to provide latest improved interchangeable items of equipment.

17. Governing Law and Venue.

The rights and obligations of the parties with respect to the transactions contemplated by this Quotation shall be governed in all respects by the laws of the State of California. The parties hereto irrevocably agree that the exclusive venue for any litigation arising in connection with the transactions specified in this Quotation shall be in the courts located in the County of Los Angeles, California.

18. Attorneys’ Fees and Costs.

In the event of any legal action, controversy, claim, or dispute between the parties involving the transactions contemplated by this Quotation, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys’ fees, and costs.

19. Additional Conditions.

Buyer shall furnish to Seller, at no cost, suitable working space, storage space, adequate heat, telephone, light, ventilation, regulated electric power and outlets for testing purposes (if applicable). The facilities shall be within a reasonable distance from where any applicable services are to be provided. Seller and its representatives shall have full and free access to the equipment in order to provide any applicable services. Buyer shall provide the means to shut-off and secure electric power to the equipment and provide safe working conditions. Buyer shall not require Seller or its employees, as a condition to site access or otherwise, to further agree or enter into any agreement, which waives, releases, indemnifies or otherwise limits or expands any rights or obligation whatsoever. Any such agreements shall be null and void. Seller is under no obligation to remove or dispose of parts or equipment unless specifically agreed upon in Seller’s scope of work. Seller-removed parts become the property of Seller. Seller must not perform any electrical power switching unless specifically requested by Buyer, under the supervision of Buyer, and subject to procedures jointly agreed to in advance. Notwithstanding Buyer’s request, Seller may refuse to perform power switching, if in the opinion of Seller, such action would be unsafe. IN THE EVENT THAT SELLER PERFORMS POWER SWITCHING, TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER SHALL INDEMNIFY, DEFEND, AND HOLD SELLER HARMLESS FROM ANY AND ALL LIABILITY, ACTIONS, SUITS, CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES (“LOSSES”) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM SELLER’S PERFORMANCE OF POWER SWITCHING, REGARDLESS OF WHETHER THE LOSSES RESULT FROM SELLER’S NEGLIGENCE (WHETHER ACTION OR PASSIVE, AND WHETHER SOLE, JOINT, OR CONCURRENT), AND EVEN THOUGH CAUSED IN WHOLE OR IN PART BY A PRE-EXISTING DEFECT, STRICT LIABILITY, OR OTHER LEGAL FAULT OF SELLER. THIS INDEMNITY SHALL APPLY TO ANY ACTS OR OMISSIONS OR NEGLIGENT CONDUCT, WHETHER ACTIVE OR PASSIVE, ON THE PART OF EITHER SELLER OR BUYER. If OSHA or any other federal, state or local government, trade association, or contractual regulations or standards require a “safety person” to be on site during the performance of services, or in the event of a trade union jurisdictional dispute where trade union represented personnel are required to assist or stand by during the performance of services by Seller, Buyer shall be responsible for providing for and paying for any charge or wages for such person(s), as applicable. Buyer shall immediately inform Seller, in writing, at the time of order placement and thereafter, of any unsafe or hazardous substance or condition at the site, including, but not limited to, the presence of asbestos or asbestos-containing materials, and shall provide Seller with any applicable Material Data Safety Sheets regarding the same. Any losses, costs, damages, claims and expenses incurred by Seller as a result of Buyer’s failure to advise Seller shall be borne by Buyer. Seller, in its sole discretion and without cost or penalty, reserves the right to cancel its performance under this Agreement or any order immediately upon written notice to Buyer following Seller's discovery of unsafe or hazardous site substance or condition or any other circumstance altering Seller performance of Services. Buyer shall appoint a representative familiar with the site and the nature of the Services to be performed by Seller to be accessible at all times that Seller personnel are at the site. Seller shall not be liable for any expenses incurred by Buyer in removing, replacing or refurbishing any Buyer equipment or any part of Buyer’s building structure that restricts Seller's access. Buyer's personnel shall cooperate with and provide all necessary assistance to Seller. Seller shall not be liable or responsible for any work performed by Buyer.

ACCEPTED BY:

By: ________________________________

Company: __________________________

Date: ____________________

P.O. #: ____________________________
SUBMITTED BY:

By: Cameron Early

Quinn Power Systems

Phone: (949) 395 1127

143
Sourcewell Quote
Sourcewell Contract #092222-CAT
From focus program letter OIL2019 (See Discounts Below) Last Update 1/8/2025
Total Quote 17,034$
Cat Generator 0 *CAT ATS
Generator List Price -$ List Price 16,351$ SW Member Discount % 0% SW Member Discount (20%) 3,270$ SW Member Discount $ -$ Total 13,081$ Sub-Total -$
Net Priced items* -$
Sub-Total -$
*Net Priced Items are subject to no further discounts (see Price Lists).

Services / Source Goods List Price
Freight 2,972$
Start up 1,189$
0 -$
0 -$
0 -$
0 -$
0 -$
0 -$
Sub Total 4,161$
SW Member Discount 5%
SW Member Discount 208$
Services Total 3,953$
#Caterpillar: Confidential Green
144
Sourcewell Quote
Sourcewell Contract #092222-CAT
From focus program letter OIL2019 (See Discounts Below) Last Update 1/8/2025
Total Quote 11,617$
Cat Generator 0 *CAT ATS
Generator List Price -$ List Price 10,169$ SW Member Discount % 0% SW Member Discount (20%) 2,034$ SW Member Discount $ -$ Total 8,135$ Sub-Total -$
Net Priced items* -$
Sub-Total -$
*Net Priced Items are subject to no further discounts (see Price Lists).

Services / Source Goods List Price
Start up 1,189$
Freight 2,477$
0 -$
0 -$
0 -$
0 -$
0 -$
0 -$
Sub Total 3,666$
SW Member Discount 5%
SW Member Discount 183$
Services Total 3,482$
#Caterpillar: Confidential Green
145
Sourcewell Quote
Sourcewell Contract #092222-CAT
From focus program letter OIL2019 (See Discounts Below) Last Update 1/8/2025
Total Quote 165,455$
Cat Generator C15
Generator List Price 215,091$
SW Member Discount % 37%
SW Member Discount $ 79,584$
Sub-Total 135,507$
Net Priced items* 2,127.00$
Sub-Total 137,634$
*Net Priced Items are subject to no further discounts (see Price Lists).

Services / Source Goods List Price
Freight 16,718$
CVA 1,486$
Start up 8,862$
Training 2,219$
0 -$
0 -$
0 -$
0 -$
Sub Total 29,285$
SW Member Discount 5%
SW Member Discount 1,464$
Services Total 27,821$
#Caterpillar: Confidential Green
146
Sourcewell Quote
Sourcewell Contract #092222-CAT
From focus program letter OIL2019 (See Discounts Below) Last Update 1/8/2025
Total Quote 47,059$
Cat Generator 0 *CAT ATS
Generator List Price -$ List Price -$ SW Member Discount % 0% SW Member Discount (20%) -$
SW Member Discount $ -$ Total -$
Sub-Total -$
Net Priced items* -$
Sub-Total -$
*Net Priced Items are subject to no further discounts (see Price Lists).

Services / Source Goods List Price
1000 Gal Day Tank 38,390$
Freight 11,146$
0 -$
0 -$
0 -$
0 -$
0 -$
0 -$
Sub Total 49,536$
SW Member Discount 5%
SW Member Discount 2,477$
Services Total 47,059$
#Caterpillar: Confidential Green
147
Sourcewell Quote
Sourcewell Contract #092222-CAT
From focus program letter OIL2019 (See Discounts Below) Last Update 1/8/2025
Total Quote 62,831$
Cat Generator D100-8
Generator List Price 62,302$
SW Member Discount % 31%
SW Member Discount $ 19,313$
Sub-Total 42,988$
Net Priced items* 1,393.00$
Sub-Total 44,381$
*Net Priced Items are subject to no further discounts (see Price Lists).

Services / Source Goods List Price
Freight 9,536$
CVA 1,115$
Start up 6,551$
Training 2,219$
0 -$
0 -$
0 -$
0 -$
Sub Total 19,420$
SW Member Discount 5%
SW Member Discount 971$
Services Total 18,449$
#Caterpillar: Confidential Green
148
Sourcewell Quote
Sourcewell Contract #092222-CAT
From focus program letter OIL2019 (See Discounts Below) Last Update 1/8/2025
Total Quote 57,529$
Cat Generator 0
Generator List Price -$
SW Member Discount % 0%
SW Member Discount $ -$
Sub-Total -$
Net Priced items* -$
Sub-Total -$
*Net Priced Items are subject to no further discounts (see Price Lists).

Services / Source Goods List Price
2500Gal Day Tank 46,935$
Freight 13,622$
0 -$
0 -$
0 -$
0 -$
0 -$
0 -$
Sub Total 60,557$
SW Member Discount 5%
SW Member Discount 3,028$
Services Total 57,529$
#Caterpillar: Confidential Green
149

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-193 Meeting Date: 2/18/2025
TITLE:

EXTENSION OF OPTION TO LEASE AGREEMENT TO CONSTRUCT AND OPERATE A 70-UNIT AFFORDABLE SENIOR AND SUPPORTIVE HOUSING PROJECT LOCATED AT THE CITY’S SENIOR CENTER, 695 WEST 19TH STREET
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: CECILIA GALLARDO-DALY, ASSISTANT CITY MANAGER CONTACT INFORMATION: CARRIE TAI, ECONOMIC AND DEVELOPMENT SERVICES

DIRECTOR
RECOMMENDATION:

Staff recommends the City Council review and approve the proposed “Extensionof Option to Lease Agreement” for an additional 60-day term that will expire on April 30, 2025 to finalize lease negotiations with appropriate affordable housing terms and complete assembling funding for the project.

BACKGROUND:

The property is located within the 19 West Urban Plan. Existing development on the subject property includes the City of Costa Mesa Senior Center which was constructed in the 1990s (approved under Conditional Use Permit PA-90-60). The Senior Center is an approximate 20,000-square-foot, two- story building with a 145 space surface parking lot. The original vision and concept for the Senior Center several decades ago included a senior housing component with 46 units. However, at the time of development, the City Council decided to not proceed with the senior housing component.

The proposed development would include a new 70-unit senior residential building to be developed on a portion of the Senior Center’sexisting surface parking lot. The project does not propose any changes to the existing Senior Center building.

On July 21, 2020, the City Council approved an Exclusive Negotiating Agreement (ENA) with Jamboree Housing Corporation (JHC) to study and determine the feasibility for the right to acquire a long-term leasehold for an affordable senior housing project to be developed on a portion of the City’s Senior Center parking lot. The original ENA expired in 2022. Staff continued to work diligently with JHC to submit for entitlements.

On February 20, 2024, the City Council reviewed a project screening for the proposed senior and supportive housing development, in accordance with the 19 West Urban Plan. The purpose of the screening review is to receive City Council comments on the merits and appropriateness of the proposed development before the applicant submits the formal planning application(s). The City

Page 1 of 3 ends

150
File #: 25-193 Meeting Date: 2/18/2025
proposed development before the applicant submits the formal planning application(s). The City Council indicated that they supported the project moving forward with a suggestion that JHC consider adding more residential units. The project application for 70 units has been submitted to and considered by the Planning Commission, which recommended approval to the City Council. Staff is working with Jamboree to complete the necessary documents to move the item forward to the City Council for consideration.

On July 16, 2024, the City Council approved an “Optionto Lease Agreement”for a term that expired on October 31, 2024, with one 120-day extension. The purpose of the agreement was for Jamboree Housing to apply for Project Based Vouchers issued by the County of Orange for the affordable senior housing development. Jamboree Housing exercised their option to extend the agreement and the City authorized the extension to February 28, 2025.

As currently proposed, the JHC project includes a 41,592 square-foot, four-story building with a total of 70 residential units. The development focuses on providing affordable housing for seniors, offering primarily one-bedroom units and several two-bedroom units, including one unit designated for the site manager. The units, excluding the manager's unit, will be available to seniors with income levels ranging from 30% to 60% of the Area Median Income (AMI). Out of the 70 units, 34 are proposed as permanent supportive housing for seniors. Ground-level amenities facing 19th Street will include office spaces, a community room, media lounge, and a dog run, with podium parking located behind.

Above the ground floor, the project proposes an outdoor courtyard, fitness center, laundry room, and library. The current site has 145 parking spaces available. However, due to the building's placement on a portion of the parking lot, the number of parking spaces will be reduced to 133.

ANALYSIS:

The proposed “Extension of Option to Lease Agreement” would allow Jamboree Housing additional time to complete a lease with appropriate affordable housing terms and complete assembling funding for the project. The Option to Lease is a mechanism to demonstrate site control for eligibility of affordable housing funding, until they receive approval from the City Council of a fully negotiated “Ground Lease”.

Jamboree Housing Corporation has obtained a variety of funding sources for the Project, but additional funding is necessary. In addition, City staff and Jamboree are working on finalizing a lease agreement and affordable housing agreement associated with the Project. The final lease and affordable housing agreement is subject to City Council approval and will be brought to Council concurrently with the final review of the project.

California Environmental Quality Act (CEQA)
The City Council review of the option to lease is exempt from environmental review under the California Environmental Quality Act (“CEQA”)pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), in that there is no possibility that the approval of the option to lease will have a significant impact on the environment. The Planning Commission has determined that the proposed project is exempt from environmental review under the California Environmental Quality Act.

Page 2 of 3 ends

151
File #: 25-193 Meeting Date: 2/18/2025
ALTERNATIVES:

The City Council can approve the proposed extension of option to lease agreement, or not approve the agreement. If the extension is not approved, development of the project could be subject to significant delays in that funding would not be available at the time the project receives local approval.

FISCAL REVIEW:

There is no fiscal impact to the City associated with the proposed extension of the option to lease agreement.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this report and extension of option to lease agreement and approves them as to form.

CITY COUNCIL GOALS AND PRIORITIES:
· Diversify, stabilize and increase housing to reflect community needs.

CONCLUSION:

Public funding is a critical component of the development of affordable and supportive housing. JHC has requested the approval of the extension of option to lease agreement to finalize project documentation with City staff which are necessary for City Council approval and to complete the assembly of funding for project development.

Page 3 of 3 ends

152

SECOND AMENDMENT TO OPTION TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO OPTION TO LEASE AGREEMENT ("Amendment") is entered into effective as of March 1, 2025 ("Effective Date"), by and between CITY OF COSTA MESA, a California municipal corporation ("Optioner" or "City"), and JHC ACQUISITIONS, LLC, a California limited liability company ("JHC"). Optioner and JHC are sometimes referred to herein individually as a "Party" and collectively as the "Parties."

RECITALS
A. Optioner and JHC, entered into that certain Option to Lease Agreement dated July 16, 2024 ("Option to Lease"), for certain real property located at 695 W. 19 th Street (APN 424- 211-01), in the City of Costa Mesa ("City"), County of Orange ("County"), State of California, as more particularly described on Exhibit "A, (the "City Property") attached to the Option to Lease.

B. The First Amendment to Option to Lease Agreement extended the term of The Option to Lease through February 28, 2025.

C. JHC desires to extend the Option to Lease another sixty one (61) days to April 30, 2025 and Optioner consents to the extension.

D. The Parties desire to amend the Option to Lease in the manner hereinafter set forth.

NOW, THEREFORE, for valuable consideration, the tender, receipt and sufficiency of which are hereby acknowledged, the Option to Lease is hereby amended as follows:

TERMS

1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.

2. Option to Lease Extension. Section 2 (a), "Term of Option," is amended as follows:

Option to Lease term ("Term") shall expire on April 30, 2025 ("Expiration Date"), unless sooner terminated pursuant to the terms of this Second Amendment.

3. Defined Terms. Defined terms not otherwise specifically defined in this Amendment shall have the same meaning in the Option to Lease.

4. Effective Date. This Second Amendment shall be effective upon March 1, 2025 after (2) copies are executed by JHC and delivered to Optioner.

Second Amendment to Option to Lease
Attachment 1
153

5. Attorney's Fees. If any legal action is commenced to enforce any of the terms of this Second Amendment, the prevailing party will have the right to recover its reasonable attorney's fees and costs from the other Party.

6. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Option to Lease are unamended and shall remain in full force and effect. In case of any inconsistencies between the terms and conditions contained in the Option to Lease and the terms and conditions contained herein, the terms and conditions of this Second Amendment shall control.

7. Counterparts. This Second Amendment may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.

8. Authorization. The person(s) executing this Second Amendment on behalf of JHC represents and warrants that (i) JHC is duly organized and existing under the laws of California; (ii) they are duly authorized to execute and deliver this Second Amendment on behalf of JHC; (iii) upon execution, this Second Amendment is binding upon JHC; and (iv) entering into this Second Amendment does not violate any provision of any other agreement to which JHC is bound.

[Signatures on next page]
154
IN WITNESS WHEREOF, this Second Amendment is entered into by the parties as of the day and year first above written.
"Optioner"

CITY OF COSTA MESA,
a California municipal corporation

Lori Ann Farrell, City Manager
ATTEST:
"JHC"

JHC-ACQUISITIONS, LLC,
a California limited liability company

By: Jamboree Housing Corporation, a California limited

Name: Michael Massie
Title: Executive Vice President and Chief
Development Officer
155

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-149 Meeting Date: 2/18/2025
TITLE:

PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR HOUSING ELEMENT REZONING

PROGRAM AND ENVIRONMENTAL IMPACT REPORT
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION
PRESENTED BY: ANNA MCGILL, PLANNING & SUSTAINABLE DEVELOPMENT MANAGER

AND MICHELLE HALLIGAN, SENIOR PLANNER
CONTACT INFORMATION: ANNA MCGILL, PLANNING & SUSTAINABILITY DEVELOPMENT MANAGER, (714) 754-5609
RECOMMENDATION:

Staff recommends the City Council:

1. Approve a Professional Services Agreement (PSA) to Dudek (an environmental, planning and engineering firm) in the amount of $1,850,611 for consulting services, for a three-year term, with up to two one-year extensions, if necessary, with the initial three-year term effective February 18, 2025 - February 17, 2028.

2. Authorize a ten percent (10%) contingency in the amount of $185,061 for unforeseen costs related to the project.

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

Page 1 of 1 ends

156

Page 1 of 7 ends

City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 25-149 Meeting Date: 02/18/2025
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR HOUSING ELEMENT

REZONING PROGRAM AND ENVIRONMENTAL IMPACT REPORT

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION

PRESENTED BY: ANNA MCGILL, PLANNING & SUSTAINABLE DEVELOPMENT MANAGER

MICHELLE HALLIGAN, SENIOR PLANNER

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

RECOMMENDATION:

Staff recommends the City Council:

1. Approve a Professional Services Agreement (PSA) to Dudek (an environmental, planning and engineering firm) in the amount of $1,850,611 for consulting services, for a three-year term, with up to two one -year extensions, if necessary , with the initial three -year term effective February 18, 2025 – February 17, 2028.

2. Authorize a ten percent (10%) contingency in the amount of $185,061 for unforeseen costs related to the project.

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

BACKGROUND:

The City’s Housing Element is the strategic blueprint for addressing Costa Mesa’s existing and projected housing needs through 2029. The City is required to update the Housing Element in accordance with State-indicated timelines. State law requires that the Housing Element comply with State Housing Element Law and be found in substantial compliance (certified) by the California Department of Housing and Community Development (HCD). In response to State -mandated housing regulations and in accordance with the City’s Strategic Objectives relating to housing, the City endeavors to increase residential development capacity, provide more clari ty and certainty in the development process, and reduce potential impacts on existing neighborhoods.

In November 2022, the City Council adopted the City’s 6 th Cycle Housing Element. Following technical edits, the Housing Element was submitted to HCD on March 1, 2023, for formal review.

The Housing Element included 47 implementation programs and the Housing Element Sites Inventory with 97 housing opportunity sites and planned development capacity to accommodate the 157

Item #: 25-149 Meeting Date: 02/18/2025

Page 2 of 7 ends

City’s Regional Housing Needs Assessment (RHNA) allocation. The RHNA allocation assigned to Costa Mesa for this planning period is 11,760 units, the largest in the City’s history.

Also, in November 2022, voters approved Measure K, which allows amendments to City land use regulations to accommodate housing in a variety of existing commercial and industrial corridors, with associated requirements like community engagement . Many Measure K sites are in the Housing Element Sites Inventory.

On May 9, 2023, HCD is sued a letter stating that the adopted Housing Element met the statutory requirements of State Housing Element Law but could not be certified until the City had completed necessary rezones of the identified opportunity sites to accommodate the City’s RHNA. Rezoning is necessary to implement the planned development capacity of the Housing Element sites, which are located primarily along commercial and residential corridors. Rezoning also includes updating the City’s zoning regulations to comply with State law.

Housing Element Implementation Progress since May 2023

The HCD letter also indicated the State’s expectation that the City would “continue timely and effective implementation of all programs” to address the RHNA. Since May 2023 , the City has completed and made progress toward several key programs.

Staff dedicated a significant area of focus on the State-owned 109-acre Fairview Development al Center (FDC) site, a critical location for new housing to potentially accommodate 20-35% of the RHNA. In September 2022, the City received a $3.5 million grant to implement the FDC community outreach and land use planning efforts within a 3-year period, which the City made a priority. The City also supported community concerns and coordinated with the California Office of Emergency Services on the proposed Emergency Operations Center. The draft FDC specific plan and Environmental Impact Report are now underway and have included substantial collaboration with multiple State agencies , public outreach in English and Spanish , completing the constraints and opportunities analysis, work on an economic demand and feasibility analysis, and preparation of land use alternatives. (Program 3B)

The City’s Development Services Department experienced staffing shortag es throughout 2023 - 2024, which limited the City’s ability to initiate the substantial rezoning effort. Despite this, staff advanced and completed Housing Element Programs efforts, briefly summarized below:

 Confirmed that 75 affordable housing units identified as being at risk of converting to market rents remain under an affordability covenant (Program 1C);  Adopted the City’s first Inclusionary Housing Ordinance, which requires affordable housing on certain housing developments as of September 6, 2024 (Program 2A);  Processed an entitlement for an affordable senior housing project at the City -owned Senior Center site through Planning Commission in December 2024 (Programs 2D and 4A);  Began accepting accessory dwelling unit (ADU) plans from architects and engineers for the City’s new pre-engineered ADU program (Program 3E);
 Implemented Project Homekey remodeling projects to allow the adaptive reuse of two motels for affordable housing (Programs 3F and 4A);
158

Item #: 25-149 Meeting Date: 02/18/2025

Page 3 of 7 ends

 Preparing the Regional Assessment of Fair Housi ng/Five-Year Consolidated Plan strategy required for utilizing Community Development Block Grant and HOME Investment Partnership Program funds (Program 4A);
 Assisted t he Bungalows Project , which remodeled six residences and constructed two accessory dwelling units that are affordable rental units (Program 4A); and  Utilizing State funding , the City is providing an additional 15 behavioral health beds and associated services at the Bridge Homeless Shelter (Program 4F);

The City Council received more detailed Housing Element implementation information, as well as an overview of residential projects that were recently approved or in the entitlement process, from staff on October 15, 2024. Previously, the City Council received an update on Housing Element programs at a Study Session on December 12, 2023.

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

 October 15, 2024 City Council Agenda Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=6891890&GUID=DD2DA70E- 884A-4A93-A22F-A60A8D8D0444

ANALYSIS:

On October 22 , 2024, the City issued Request for Proposal (RFP) No. 25-10, for qualified consultants to provide services for this complex rezoning effort, including:

 Community engagement
 Updating the Zoning Code , and portions of the General Pla n to accommodate the development capacity needed to meet the RNHA
 Updating planning policies and procedures
 Develop objective design standards , which are clear standards for site planning, building design, and architectural features without need for interpretation  Economic studies to evaluate the feasibility of proposed development standards; and  Preparing a n Environmental Impact Report (EIR ) in accordance with the California Environmental Quality Act (CEQA)

Of the 47 programs identified in the City’ s 2021 -2029 Housing Element, rezoning activities will account for notable progress in implementing 18 programs over the course of a multi -year and multi-faceted effort as mandated by State law. This concentrated effort will further the City’s ability to successfully seek Housing Element certification from HCD.

The RFP invited experienced consultants with innovative ideas to:

 Develop and implement a community engagement strategy;  Analyze existing regulations, procedures, and plans;
159

Item #: 25-149 Meeting Date: 02/18/2025

Page 4 of 7 ends

 Develop and implement objective design standards
 Rezone housing opportunity sites/Measure K sites;
 Complete amendments to Urban Plans, Specific P lans, and the Zoning Code to incorporate new standards, procedures, and densities as needed;
 Complete a focused General Plan update for consistency with zone changes and legal adequacy;
 Prepare technical studies including a market analysis;  Assessment of capacity and demand for public services, including public safety, water supply, sanitation; and
 Prepare a legally defensible CEQA document at a programmatic level that future projects can use to streamline future review.

In response to the RFP, the City received five proposals. Proposals were reviewed for compliance with the City’s RFP specifications and draft “scope of work .” Consultants were evaluated based on method of approach, qualifications and experience, references, and key personnel. After c areful review and evaluation of the proposals, as well as confirming references, staff finds Dudek the most qualified to complete the City’s Housing Element implementation rezoning effort including public engagement, objective design standards, process, a variety of code and plan amendments, geographic information systems analyses, various technical studies, and CEQA compliance.

Consultant Qualifications

Dudek is an environmental, planning and engineering consulting firm with more than 40 years of experience. The firm’s proposal demonstrated a thorough understanding of the project, including exhibiting Dudek’s innovative thinking by providing several optio ns for the rezoning methodology and organizing tasks based on urgency for compliance with State law. Their compelling response to the RFP exhibited the team’s creative approach to problem solving, and a critical mindset when working for a dynamic and unique community such as Costa Mesa. Dudek also provided extensive examples of similar project experiences and work products including, but not limited to, the following:

 Analyzing existing conditions, adopted plans, and site capacity  Community engagement in English and Spanish (in-person and virtual)  Market demand, economic feasibility, and fiscal impact analyses  Creation of residential and mixed-use overlays or new zones  Zoning code amendments
 General Plan updates
 Citywide and area-specific objective design standards for residential and mixed-use projects  Evaluating feasibility of proposed objective design standards including use of 3-D modeling  Environmental Impact Reports and other technical studies

Supportive services such as Geographic Information Systems mapping, analyses, and storytelling, graphic design, and website design

160

Item #: 25-149 Meeting Date: 02/18/2025

Page 5 of 7 ends

Some highlights of Dudek’s experience includes the City of San Diego Mira Mesa Community Plan Update, City of Fullerton Housing Incentive Overlay Zone, City of Newport Beach General Plan Update, City of Rancho Palos Verdes Housing Element Implementation Programs and CEQA Analysis, and City of Pico Rivera Comprehensive Zoning Code Update. All of these efforts involved complex analyses and conveying information through text, graphics, and mapping. Dudek’s proposal identifies an experienced project manager, Catherine Tang Saez, AICP, who has led similar efforts such as developing objective design standards, community plans, specific plans, and zoning code updates.

The Dudek team includes community outreach experts Kearns & West, led by former Costa Mesa Planning Commissioner Jenna Tourjé-Maldonado, AICP. Community engagement will be designed for inclusivity and effectiveness by originating materials in both Spanish and English, and will feature workshops, pop -up events, social media campaigns, in person and online surveys, and collecting input at popular community events. The Dudek team also features Pro Forma Advisors, experts in market analysis, financial feasibility, and impact studies. Pro Forma Advisors will assess current opportunities for housing and mixed -use development in Costa Mesa, forecast market potential, and develop a local fiscal impact model to evaluate selected development prototypes to explore how the rezoning program will impact the City’s long-term fiscal sustainability. Both Kearns & West and Pro Forma Advisors have partnered with Dudek on a variety of advanced planning projects including creating housing overlay zones and General Plan updates.

Project Approach
The proposal demonstrated that Dudek has a thorough understanding of the scope of work and the prioritizing the City’s efforts to obtaining HCD certification. The proposed scope of work addresses the necessity for a high-quality, comprehensive approach to accelerate future housing production in Costa Mesa while maintaining a State-compliant General Plan and complying with CEQA.

The proposed approach would amend existing adopted plans and overlays where appropriate and create a new overlay or overlays to provide the required increase in residential development opportunities without necessitating a change of a property’s underlying base zone. This method will satisfy the State’s requirement to rezone the necessary sites as outlined in the Housing Element but do so in a way that allows for regulatory flexibility. The consultant will also prepare the environmental clearance documentation necessary to accommodate increased residential development potential.

Rezoning will also include a targeted effort to amend the necessary sections of the zoning code to remove governmental constraints to housing, such as updating relevant sections of the code regarding permi tted uses, development standards, and development review procedures.

Streamlining development review procedures would include creating developer guidance documents, as well as amending the Zoning Code to reduce discretionary actions for qualifying affordable housing projects.

161

Item #: 25-149 Meeting Date: 02/18/2025

Page 6 of 7 ends

Project Schedule
The proposed project schedule prioritizes implementing Housing Element programs that are necessary for HCD to certify the Housing Element. The rezoning effort is anticipated to take 18 months, with the public hearings occurring in summer 2026, enabling the required rezoning and revised H ousing Element to be submitted to HCD no later than November 2026. This timeline prioritizes an effort to complete the rezon ing and environmental clearance necessary for HCD certification.

The proposed schedule also includes important additional tasks in a later phase, such as completing the objective development standards and additional zoning code amendments to further support housing production beyond the Housing Element Sites Inventory . These efforts will still require additional community engagement to finalize and refine objective development standards, an environmental review process, and Planning Commission/City Council hearings for adoption. While these later phase tasks are important for housing design in Costa Mesa, they are not tasks specifically required by HCD for Housing Element certification. Therefore, they are included as later phase tasks in order for staff to prioritize Housing Element certification.

Following the approval and execution of this PSA, the consultant has committed to kicking off the project in March 2025 and maintaining the following schedule:
 Spring 2025: analyze adopted plans, overlays, and Housing Element sites, e stablish the Community Outreach and Engagement Plan , launch the p roject website, and begin the market demand analysis.
 Summer 2025: begin community outreach, rezoning effort focusing on adopted plans, existing overlays, and new overlay(s), economic feasibility analyses, and CEQA compliance.  Fall 2025: analyze pertinent sections of the Zoning Code and conduct fiscal impact analysis.  Winter 2025/2026: draft Zoning Code am endments and analyze objective design standard options.
 Spring 2026: draft development process streamlining amendments, objective design standards, and technical updates to the Housing Element and General Plan  Summer 2026: public hearings for adopting overlay and Urban Plan/Specific Plan amendments and a new overlay(s), Zoning Code amendments, and Environmental Impact Report
 No later than November 2026: Submit the revised Housing Element to HCD for review.  Winter 2026/2027: modify Housing Element, Zoning Code, and General Plan and objective design standards as needed for certification, additional zoning code amendments to support housing production, and entitlement review/process improvement updates.

Note that community outreach and engagement would take place at strategic points throughout the project schedule and customized to specific areas.

Staff and the consultant deliberated over several approaches to the project schedule, including conducting the rezoning effort by neighborhood, broader area, or by amending each Urban Plan or Specific Plan at a time . This segmented approach would have required proceeding with 162

Item #: 25-149 Meeting Date: 02/18/2025

Page 7 of 7 ends

environmental review in stages, which would increase the total schedule, cost, and staff resources.

Furthermore, HCD requires that rezoning for all areas be completed to be considered for certification.

RECOMMENDATION:

Based on the above, staff recommends award of a PSA with Dudek for five years in the amount of $1,850,611 and authorize a ten percent (10%) contingency of $ 185,061 for unforeseen costs related to the project. The proposed contract term of five years is to provide flexibility for unanticipated items that arise either during the planning process or during the Housing Element certification process, which can be very iterative and require revisions.

ALTERNATIVES:

The City Council may select another consultant to complete the Housing Element implementation rezoning effort and EIR; however, this is not recommended based on the RFP process and evaluation results.

FISCAL REVIEW:

Funding for the proposed agreement is budgeted in the Fiscal Year 2024-25 Housing Authority Fund (Fund 222) budget in the amount of $2,400,000 for the full -term of the professional services agreement.

LEGAL REVIEW:

The attached PSA was prepared by the City Attorney’s Office and the staff report has been reviewed and approved as to form by the City Attorney’s Office.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
 Diversify, stabilize, and increase housing to reflect community needs.  Advance environmental sustainability and climate resiliency.

CONCLUSION:

Staff recommends the City Council:

1. Approve a Professional Services Agreement (PSA) for five years in the amount of $1,850,611 to Dudek (an environmental, planning and engineering firm) for consulting services; and

2. Authorize a ten percent (10%) contingency in the amount of $185,061 for unforeseen costs related to the project; and

3. Authorize the City Manager, or designee, and City Clerk to execute the PSA and any future amendments to the agreement within Council authorized limits.

163
1 Rev. 1-2025 DUDEK

CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT

WITH DUDEK
T
HIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 18th day of February 2025 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and DUDEK, a California corporation (“Consultant”).

RE
CITALS
A. C
ity proposes to utilize the services of Consultant as an independent contractor to i
mplement several of the City’s Housing Element programs, that will involve rezoning portions of the City, and updating, and/or creating new policies, procedures, and development standards to encourage and facilitate housing development, as more fully described herein; and B. C
onsultant represents that it has that degree of specialized expertise contemplated within California Government Code s ection 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. C
ity 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 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.

N
OW, 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 City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein. 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 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. Performance 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
) Meet with Consultant to review the quality of the work and resolve th e m
atters of concern;
ATTACHMENT 1
164
2 Rev. 1-2025 DUDEK

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

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 One Million Eight Hundred Fifty Thousand Six Hundred Eleven Dollars ($1,850,611.00).

2.2. Additional Services. Consultant shall not receive compensation for any services 165
3 Rev. 1-2025 DUDEK

provided outside the scope of services specified in the Consultant’s Proposal unless the City 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 the 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, t he 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 on pages 26-27 in 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 p arty 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 p arty 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.

166
4 Rev. 1-2025 DUDEK

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of Sixty (60) months, ending on February 17, 2030, 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 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 a utomobile 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.

Consultant agrees to waive, and to obtain endorsements from its workers’ 167
5 Rev. 1-2025 DUDEK

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.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance 168
6 Rev. 1-2025 DUDEK

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: 760-479-4858 Tel: (714) 754-5609
Attn: Joseph Monaco, President

Attn: Anna McGill

Courtesy copy to:

City of Costa Mesa
169
7 Rev. 1-2025 DUDEK

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 asserte d 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.
170
8 Rev. 1-2025 DUDEK

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 li censes, 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. Contract or/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 t o, 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 emplo yer contribution and/or employee contributions for PERS benefits.

6.13. Cooperation. In the event any claim or action is brought against City relating to 171
9 Rev. 1-2025 DUDEK

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 Act (California Government Code s ection 7920.000 et seq.).

Exceptions to public disclosure may be those docume nts or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, 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 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.
172
10 Rev. 1-2025 DUDEK

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 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. 173
11 Rev. 1-2025 DUDEK

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.]
174
12 Rev. 1-2025 DUDEK

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

__________________________________
Joseph Monaco, AICP – President/CEO

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

175
13 Rev. 1-2025 DUDEK

APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Anna McGill
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Carrie Tai
Economic and Development Services Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

176

EXHIBIT A

REQUEST FOR PROPOSALS
177
RFP 25-10.C06385

Page 1 of 43 ends

REQUEST FOR PROPOSAL 25-10

FOR

HOUSING ELEMENT REZONING PROGRAM & ENVIRONMENTAL IMPACT REPORT

Economic and Development Services Department

CITY OF COSTA MESA

Released on October 22, 2024

178
RFP 25-10.C06385

Page 2 of 43 ends

REQUEST FOR PROPOSAL
FOR

HOUSING ELEMENT REZONING PROGRAM & ENVIRONMENTAL IMPACT REPORT

The City of Costa Mesa (hereinafter referred to as the “City”) is requesting Proposals from qualified consultants for the Housing Element Rezoning Program and Environmental Impact Report for the Economic and Development Services Department. 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 solicitation appendix/exhibits. The term is expected to be for 5 years. 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 $189.9 million and a total budget of over $240.10 million for fiscal year 2024-2025.

The City of Costa Mesa, incorporated in 1953, has an estimated population of 115,000 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. These 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 related 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 the types of services described in Appendix A – Scope of Work. 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 requested services, adequate staffing, reference checks, 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, Inquires, will provide all official communication concerning this RFP. Any City response relevant 179
RFP 25-10.C06385

Page 3 of 43 ends

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 the 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 October 22, 2024
Mandatory Pre-Proposal Conference November 5, 2024, at 10:00am Deadline for Written Questions November 7 at 11:00am
Responses to Questions Posted November 12, 2024
Proposals are Due November 19, 2024, at 2:00pm
Approval of Contract TBD
**All dates are subject to change at the discretion of the City.

Pre-Proposal Conference: A MANDATORY Pre-Proposal conference will be held on November 5, 2024, at 10:00 a.m. via ZOOM. An addendum will be released on PlanetBids with a link. A pre-proposal conference is held to allow for questions and clarification concerning the City’s RFP process, scope of services and subsequent contract award.

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 meet 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 Proposer must have a Project Manager assigned to the Contract with at least eight years of experience within the last ten years, providing services equivalent to the services identified in Appendix A.

b) The Proposer must provide three references indicating a key role in the delivery of municipal projects of similar scope that have been completed within the last six years in California. Projects may include zoning code updates, general plan updates, creating objective design standards, and major rezoning programs such as those to address housing mandates.

c) The Proposer must have a local office (within 90 miles) with a competent representative who can be reached during normal working hours or emergencies who is authorized to make decisions on matters pertaining to this contract with the City.

180
RFP 25-10.C06385

Page 4 of 43 ends

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 20 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 and concise. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear 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 Proposal 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. Also, include proposed working relationship among the offering agency and subcontractors, if applicable.

 Background and Project Summary Section: The Background and Project Summary Section should briefly describe your understanding of the city, the work to be done, and the objectives to be accomplished. Refer to Appendix A of this RFP.

 Project Approach and Methodology: 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. Describes the Proposer’s approach to the project in a manner that demonstrates understanding of the work and issues that may arise, methodology for soliciting and documenting views of internal and external stakeholders, and project management and implementation strategies or techniques that the respondent intends to employ in carrying out the work.

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

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

4. Explain what the respective roles of City staff and consultant staff would be to complete the tasks specified in the Scope of Work.

5. Proposers are encouraged to provide additional innovative and/or creative approaches for providing services that will maximize efficient, safe, and cost- effective operations or increased performance capabilities. 181
RFP 25-10.C06385

Page 5 of 43 ends

 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:

1. Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to complete all the tasks described in Appendix A – Scope of Work.

2. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.

3. Team is managed by an individual with appropriate experience from similar projects.

This person needs to have the availability to remain committed to this project.

4. Team organization provides adequate capacity to perform both volume and quality of work within the project schedule, including meeting milestones.

5. 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.

6. If the owner is a partnership or joint venture, please provide: Name of partnership 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 business.

7. Provide a list of current and previous contracts similar to the requirements for Costa Mesa, including all public agencies served (if any). For select contracts, provide a brief description of the scope of work performed and the name, title, and telephone number of the person who may be contacted regarding your organization’s service record.

8. 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.  Financial Capacity: The City is concerned about bidders’ financial capability to perform, and therefore, may request sufficient data to allow an evaluation of firm’s financial capabilities.

 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 positions providing the services described in the Proposal, and the functions to be performed by each.

o Include brief resumes or curriculum vitae of each key staff member, including name, position, email address, education, and years and type of experience. 182
RFP 25-10.C06385

Page 6 of 43 ends

Describe for each such person, the relevant transactions on which they have worked.

 Cost Proposal: Provide a structured cost proposal in a separate cost file. The cost file shall include hourly rates of the proposed key personnel, inclusive of all anticipated applicable fees for the types of support described in this RFP. Cost 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 the 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 Proposer 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

7. Cost Proposal

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 beyond those sufficient to provide a complete, accurate and reliable presentation.

 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 total lump sum fee.
 A worksheet with a detailed fee schedule of the proposed costs. Each fee schedule shall depict the cost for individual project tasks (including optional tasks), number of 183
RFP 25-10.C06385

Page 7 of 43 ends

hours assigned for specific personnel and their basic hourly rates. Cost proposal shall reflect anticipated wage increases during the contract duration.

 Forms to Accompany Proposal: Appendix C forms shall be attached at the end of the Proposal. 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 2:00pm (P.S.T) on November 19, 2024. Proposals will not be accepted after this deadline. Bids received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Bidder to see that the bid 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 November 7, 2024, at 11:00am. 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 contracting 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 result 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.

 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 184
RFP 25-10.C06385

Page 8 of 43 ends

the City with the Certificates of Insurance proving coverage as specified in the sample contract.

 W-9 – Current signed form W-9 (Taxpayer Identification 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 evaluation 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. Project Approach and Methodology----40%

2. Qualifications & Experience of the Firm ---- 25%

3. Key Personnel----20%

4. Cost Proposal ---- 10%

5. References ---- 5%

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 reserves 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 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.

185
RFP 25-10.C06385

Page 9 of 43 ends

C. Interviews, Reference Checks, Revised Proposals, Discussions: 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 interview. Interviews, if held, are tentatively scheduled for the week of December 16, 2024 . They will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626 or via Zoom. The date is 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 intent 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.

5. 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 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.  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.

186
RFP 25-10.C06385

Page 10 of 43 ends

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 for 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 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 information sought without any liability to the City.
187
RFP 25-10.C06385

Page 11 of 43 ends

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 that 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 in 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 their 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 pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix B to this RFP, which may be modified by the City.

All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample Agreement. 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. 188
RFP 25-10.C06385

Page 12 of 43 ends

13. Disqualification Questionnaire: Proposers shall complete 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. 189
RFP 25-10.C06385

Page 13 of 43 ends

APPENDIX A

SCOPE OF WORK
FOR

HOUSING ELEMENT REZONING PROGRAM AND ENVIRONMENTAL IMPACT REPORT

Project Context & Goals
The City of Costa Mesa (City) is in the process of implementing the 2021-2029 Housing Element ; a challenging effort to address a State-mandated growth target while also preserving the wonderful quality of life enjoyed by Costa Mesans today.

The City is seeking a team of qualified, innovative, and dependable multidisciplinary consultants to collaborate with the Economic and Development Services Department to implement several Housing Element programs that will involve rezoning portions of the City, and updating, and/or creating new policies, procedures, and development standards to encourage and facilitate housing development.

Portions of the zoning code, General Plan, and other adopted plans must be amended as part of this effort.

The City anticipates a 2- to 3-year time frame for project completion. Responses to this RFP should demonstrate the availability of key team members and highlight past successes in community engagement planning, facilitation, and visioning; State housing law compliance; user-friendly zoning code and General Plan update preparation; graphic design and GIS mapping; and fiscal economic studies related to land use changes; and environmental compliance including technical studies.

6th Cycle 2021-2029 Housing Element
The adopted Housing Element is the strategic blueprint for addressing Costa Mesa’s existing and projected housing needs for the identified eight-year planning period. The Regional Housing Needs Assessment (RHNA) growth projection assigned to Costa Mesa for this planning period is the largest in the City’s history 11,760 units. By comparison, the city is currently developed with approximately 40,000 units which results in a planned City growth of approximately 29 percent. As such, the planning period and additional years following are anticipated to be a transformative time for the community. The City’s 2021‐2029 RHNA allocation is as follows:

 2,919 units ‐ Very low income (0‐50% County MFI)
 1,794 units ‐ Low income (51‐80% of County MFI)
 2,088 units ‐ Moderate income (81‐120% of County MFI)  4,959 units ‐ Above moderate income (120% or more of County MFI)  Total units: 11,760

The Housing Element identified 97 “housing opportunity sites” to accommodate projected housing needs, primarily along commercial and industrial corridors. Only three of the sites are vacant. Presently, residential and mixed-use development on 90 of the opportunity sites are guided by aging Specific Plans and Urban Plans. The City seeks a thorough work plan to address potential shortcomings in those adopted plans and creative solutions to rezone necessary portions of the city, mainly in 190
RFP 25-10.C06385

Page 14 of 43 ends

commercial and industrial corridors for housing and economic revitalization opportunities (refer to Housing Element Programs 3C, 3D, 3H, 3I, 3J,3N, and 3R):

 Hyland Avenue, Sunflower Avenue and South Coast Drive  North Costa Mesa Specific Plan Area
 Harbor Boulevard
 Newport Boulevard
 Placentia Avenue
 West 17th, 18th, and 19th Streets
 South Bristol Entertainment and Cultural Arts (SoBECA) Area

Responses to this RFP should demonstrate understanding of housing element regulations and the following local housing “guiding principles” from the adopted Housing Element:

 The City will plan for future housing primarily along major commercial, industrial, and mixed ‐use corridors within Costa Mesa that are compatible with growth, while preserving established residential neighborhoods;
 Each neighborhood, community, and district within Costa Mesa has its own unique characteristics and needs. Future housing growth will build upon Costa Mesa’s history and complement the diversity and unique characteristics that already exist within each area; and,  The City will plan for a diverse range of housing forms, types, and densities to address the housing needs of an inclusive and diverse community and provide housing opportunities that meet the needs of all residents, including low ‐income households, seniors, multi ‐generational families, larger households, and special needs groups.

Note that at the time of the release of this Request for Proposal, there are active planning applications in progress to increase capacity on Housing Opportunity Site no. 38 Fairview Developmental Center and Site no. 96 Hive.

Measure Y and Measure K
Costa Mesa residents are extremely engaged in the City’s community planning efforts. For example, in 2016, residents of Costa Mesa voted to pass Measure Y, a resident initiative measure to require voter approval on development projects involving certain legislative actions (i.e., projects that amend, change, or replace part of the General Plan, the Zoning Code, a specific plan, or an overlay) which:

 Add 40 or more dwelling units or 10,000 SF of nonresidential uses;  Generates over 200 additional average daily trips;
 Increases intersection capacity or changes the intersection level of service;  Where the proposed project, combined with other projects within 8 years and a half-mile of each other, meet the above criteria;
 Changing a public use to a private use under specified conditions;  Land designated as utility right of way under specified circumstances;  Land donated or bequeathed to the City or owned or managed by the City; and  Land used or designated for a Costa Mesa school property.

191
RFP 25-10.C06385

Page 15 of 43 ends

It is likely that the additional cost, time, and risk associated with conducting a citywide vote discouraged certain types of development (including housing); and since approximately 2016, very few housing developments have been submitted. In 2022, Costa Mesa residents voted for Measure K , a ballot measure to reduce governmental constraints to housing development by allowing zone changes, mainly along nonresidential corridors, without a citywide vote. The Measure K map identifies sites where rezoning for residential development would not be subject to voter approval. All of the housing opportunity sites (except for the state-owned Fairview Developmental Center site) are Measure K sites and would not be subject to voter approval. Housing Element Program 3G stipulates that city-sponsored land use amendments within Measure K corridors shall include community outreach.

City Team
This project will be a collaborative effort between City staff and the consultant. An Economic and Development Services Department staff member will be assigned as the Project Manager for the overall effort and will serve as the day-to-day consultant team contact. Economic and Development Services staff will be responsible for the preparation of staff reports and resolutions. Staff engagement in the public outreach, data analysis, and the work product review process will enable a smoother transition from theory to application. The City Manager’s Office will also provide input and high-level direction.

City attorney staff will provide guidance on the legal parameters of the work. Staff from various divisions including Public Works, Fire, Parks, and others will contribute and be available as necessary.

Community Profile
The City of Costa Mesa is located in Orange County, adjacent to the Santa Ana River and just one mile from the Pacific Ocean. Since its incorporation in 1953, Costa Mesa has grown from a successful agricultural community to a bustling city featuring a diversity of neighborhoods, a variety of recreational and open space amenities, world-class shopping and restaurants, headquarters for action sports and other innovative industries, Orange Coast Community College, and a thriving arts scene. Known as “The City of the Arts,” Costa Mesa is home to the Orange County Museum of Art and Segerstrom Center for the Arts among other cultural facilities and programs.

Today, Costa Mesa encompasses 15.8 square miles and is home to approximately 114,000 residents.

Costa Mesa is bisected by the San Diego Freeway (I-405), the Costa Mesa Freeway (SR-55), and the Corona Del Mar Freeway (SR-73). Orange County John Wayne Airport, located along the eastern edge of the city, provides connections far beyond the region.

Reference Documents and Webpages
 6th Cycle 2021-2029 Housing Element:
https://www.costamesaca.gov/government/departments-and-divisions/economic-and- development-services/planning/housing-element-update
 Municipal Code Title 13 Planning, Zoning and Development https://ecode360.com/42616379#42616379
 2015-2035 General Plan
https://www.costamesaca.gov/government/departments-and-divisions/economic-and- development-services/planning/general-plan/2015-2035-general-plan  2015-2035 General Plan EIR
https://www.costamesaca.gov/government/departments-and-divisions/economic-and- development-services/planning/general-plan/2015-2035-general-plan-eir 192
RFP 25-10.C06385

Page 16 of 43 ends

 Specific Plans and Urban Plans
https://www.costamesaca.gov/government/departments-and-divisions/economic-and- development-services/planning/approved-plans-for-city
 Residential Design Guidelines
http://ftp.costamesaca.gov/costamesaca/council/agenda/2013/2013-12-03/PH-1-Attach-1.pdf  Affordable Housing Ordinance
https://www.costamesaca.gov/trending/affordable-housing-ordinance  Measure K webpage
https://www.costamesaca.gov/trending/measure-k

In response to the State mandated local projected housing needs, the City of Costa Mesa endeavors to increase residential development capacity, provide more clarity and certainty in the development process, and reduce potential impacts on existing neighborhoods. The purpose of this RFP is to invite experienced, dependable consultants with innovative ideas to:

 Develop and implement robust community engagement strategy for the project (visioning);  Analyze existing conditions, procedures, and plans;
 Develop and implement a work plan to establish objective residential design standards, improved procedures, and rezone Housing Element Opportunity Sites/Measure K sites (a housing overlay should also be considered);
 Complete amendments to Urban Plans, Specific Plans, and Zoning Code to incorporate the new standards, procedures, and densities;
 Complete a focused General Plan update for consistency and legal adequacy;  Prepare technical studies including a market analysis and water supply assessment; and  Prepare a legally defensible California Environmental Quality Act document.

The update process will be a collaborative multi-year engagement of the City’s community members, other stakeholders, decision makers, various City department staff, and a highly skilled consultant. The City has prepared a recommended scope of work with suggested deliverables, but welcomes alternative approaches, optional tasks, and creative strategies to help reach the community’s housing goals.

Project Management and Coordination
The consultant is expected to manage project and coordination activities, including coordination of subconsultants and administrative tasks. Proposals should include a primary point of contact that has extensive comprehensive planning and project management experience. This task covers coordination between the consultant and City staff, including meetings, phone calls, emails, and other communications to ensure staying on schedule and within the budget. The schedule should be maintained and refined throughout the course of the project. The proposal shall describe practices to ensure effective project management and collaboration with City staff.

Suggested minimum deliverables:
 Project schedules with milestones;
 Project status memoranda;
 Meeting agendas and summaries; and
193
RFP 25-10.C06385

Page 17 of 43 ends

 Develop/Maintain Project Website.

Project Initiation
The consultant will facilitate a project kickoff meeting with City staff. The kickoff meeting will include discussion of project goals, communication protocols, refined scope and schedule, project background information, and identification of potential challenges. City staff will present information on various documents that will be updated as part of the proposed project. City staff will coordinate with the consultant to establish an agenda and plan a tour(s) of the City. The kick-off meeting may be a multiple day event.

Suggested minimum deliverables:
 Kick-off meeting agenda;
 Refined scope of work;
 Refined project schedule;
 Invoice format;
 Outstanding data needs; and
 Meeting and tour summary notes with key takeaways.

Community Engagement
Based on the City’s Sixth Cycle expanded RHNA, it is imperative to include the community in the process of exploring new residential design guidelines and product types to implement the Housing Element. Visioning may be carried out by neighborhood or by areas otherwise defined in the city to ascertain values and characteristics unique to each location. A successful proposal must include an equitable, robust, and creative engagement strategy to keep the community interested, accommodate a variety of schedules and lifestyles, and avoid losing momentum. Separately, the City has been engaging the community for over 12 months regarding Housing Opportunity Site no. 38 (Fairview Developmental Center), and outreach may continue through November 2024. Therefore, the selected consultant must be cognizant of not overtasking the community and interested stakeholder involvement for persons interested in both efforts.

Consultants are encouraged to include optional tasks/meetings. Staff will collaborate with the consultant to develop a comprehensive community engagement strategy that will be:

 Effective. Be cohesive, organized, utilize compelling graphics, and creative tools to help the community visualize design options, tradeoffs, and provide meaningful feedback;  Transparent. Ensure that the community is well informed of the purpose of the project, the parameters we must work within, and keep them apprised of milestones along the journey;  Consistent. Provide consistent opportunities for engagement with the community throughout the process;
 Accommodating. Incorporate a variety of formats and techniques, including short informational videos, to ensure that community members with varying communication comfort levels, availability, and needs are able to participate;  Inclusive and Respectful. Provide opportunities for people of all ages, English and Spanish speakers, and groups that are not frequent participants in planning processes. Ensure that activities are managed so organizers and participants are respectful of all points of view. 194
RFP 25-10.C06385

Page 18 of 43 ends

Evaluate regularly throughout the process that all community members are provided an opportunity to be involved; and
 Purposeful. Result in productive and actionable outcomes that are incorporated into the Objective Residential Design Standards and Rezoning Program to address the RHNA.

Suggested minimum deliverables:
 A draft(s) and final comprehensive community engagement strategy that:
o Shall engage the public, underrepresented groups, and other stakeholders; o Shall notify all Housing Opportunity Site property owners; o Introduce the concepts of density, residential and mixed-use development types, urban design, community benefits, objective design standards; o Meetings to vet and refine draft Objective Residential Design Standards and land use alternatives for the Rezoning Program;
 Engagement summary report identifying opportunities, challenges, and recommendations for both the Objective Residential Design Standards and overall Rezoning Program to meet community and Housing Element goals; and
 Project website to be maintained and updated by consultant.

Existing Conditions Analysis
For this effort to move forward, the consultant must have a clear understanding of the City’s past. The consultant and City will collaborate to review the City’s existing design guidelines including those in Urban Plans and Specific Plans and development review procedures. The consultant will be expected to identify and document characteristics of various neighborhoods in the city, including prominent architectural styles, building types, streetscape pattern, building materials and articulation, landscaping, and other characteristics. The consultant will also categorize all existing applicable standards for residential/mixed-use development as either subjective or objective and recommend modifications.

The consultant should identify opportunities to streamline and otherwise improve the City’s procedures and standards for the development of housing. Consider identifying select case studies from California cities with innovative and streamlined procedures and clear and objective residential design standards that can achieve densities necessary to meet Costa Mesa’s RHNA.

Suggested minimum deliverables:
 Existing Conditions Analysis memorandum (in preparation for public engagement) resulting from auditing the adopted documents and procedures;
 Draft Existing Conditions Report; and
 Final Existing Conditions Report including opportunities and recommended amendments to entitlement procedures, Urban Plans, Specific Plans, Zoning Ordinance, and technical updates to the General Plan (incorporate public input into the final document).

Market Demand and Economic Feasibility Analysis
The Rezoning Program will increase the City’s land use capacity to provide additional housing to meet its share of the regional housing needs while reducing the City’s capacity to incubate businesses. The City wants to ensure that the Rezoning Program includes policies that will lead to the production of housing that meets affordability targets and ensures future development includes a mixture of uses, including nonresidential uses, that will support the City’s economic vitality and job base (“work/housing balance").
195
RFP 25-10.C06385

Page 19 of 43 ends

The consultant will prepare an analysis of market demand and feasibility for housing opportunities along the City’s commercial/industrial corridors, as well as mixed-use and mixed-income housing for several example sites including and not limited to, housing for the workforce, students, veterans, and seniors.

The analysis will include preliminary proformas for examples of mixed-use/mixed-income housing projects to explore the economic challenges and opportunities for mixed-use projects to encourage sustainability of local commercial use types in conjunction with housing development (either vertical or horizontal mixed-use types) as well as below-market rate housing construction in the city. The intent of this proforma analysis is to better understand the combination of land cost adjustments, density of market-rate housing and/or intensity of other development that may be necessary to offset affordable housing costs in the city, while continuing to support local businesses and the vitality of existing commercial uses along key corridors.

A fiscal impact analysis shall be prepared to ensure that the Rezoning Program supports the fiscal well- being of the city. Alternative or supplemental analyses/approaches recommended by the consultant are highly encouraged.

Suggested minimum deliverables:
 Market Demand and Economic Feasibility Analysis;
 Pro Forma for the Project Area;
 Economic Development Benefit/Cost Analysis; and,
 Fiscal Impact Model and Analysis.

Rezoning Program
The City is committed to ensuring housing development opportunities as indicated in the Housing Element sites inventory. The Rezoning Program will include amendments to various land use regulatory documents to allow residential development to meet the affordability targets set forth in the RHNA. The consultant will modify the Objective Design Standards, amend Specific Plans and Urban Plans, and prepare a focused/technical update of the General Plan and Zoning Ordinance to ensure consistency and legal adequacy. Staff welcomes ideas on how to approach this complex process with efficiency and timeliness. For example, what are the benefits and drawbacks of creating a residential overlay as a first phase of the rezoning process to enable acceleration of housing production and ensure the City is Housing Element compliant? How would creating an overlay impact the environmental compliance process? How would a phased approach (overlay) compare to one comprehensive rezoning process including reimagining the urban plans? Respondents are encouraged to demonstrate experience working with HCD and provide examples of assisting cities in obtaining Housing Compliance through implementation programs.

Objective Residential Design Standards
The consultant will work with City staff to craft the preferred Objective Residential Design Standard concepts to encourage and facilitate housing types that will meet the RHNA. The document should feature a variety of building types (e.g., courtyard bungalows, townhomes, multistory apartments with surface parking, wrapped products with structured parking, etc.) and architectural styles that are appropriate for Costa Mesa. Additionally, it will address topics such as site planning, sustainability, building massing, building frontages, entrances, exterior materials, landscaping, outdoor lighting, mechanical equipment, screening, parking structures, etc. The document should be visually rich, with 196
RFP 25-10.C06385

Page 20 of 43 ends

a user-friendly format, and include clear, concise text and example imagery. The consultant will present the Draft Objective Design Standards to the community through workshops described in the community engagement strategy and a City Council/Planning Commission joint study session. Consultant shall ensure consistency with Draft Objective Design Standards and other efforts of the Rezoning Program (Specific/Urban Plans, General Plan and Zoning Ordinance).

The Objective Residential Design Standards must specifically address:
 Density, intensity, and massing for residential and mixed-use developments;  Site placement/positioning, screening, or other standards to accommodate solar energy systems, EV charging facilities, and other sustainable/green building architectural design elements;
 Accommodations and site planning for housing for seniors and persons with disabilities or supportive needs;
 Allowed exceptions or incentives to some standards for projects that include a high percentage of deed restricted affordable housing units;
 Provisions that are both objective and easily understood. Where provisions become technical, focused illustrations examples shall be further utilized to simplify design objectives; and  Recommendations on appropriate place to put clear, objective standards (e.g., what standards should live in zoning ordinance as opposed to objective design standards document and what should live in the General Plan).

Suggested minimum deliverables:
 Administrative Draft Objective Residential Design Standards with graphics/illustrations;  Final Administrative Draft Objective Residential Design Standards;  Public Review Draft Objective Residential Design Standards;  Joint Study Session presentations and related materials; and  Final Objective Residential Design Standards (including Planning Commission recommendation hearing and City Council final action hearing).

Housing Opportunity Site Verification
Following the creation of objective standards and identification of key areas for increased densities from the community engagement process, the consultant shall provide a thorough update to the housing opportunity sites analysis [Housing Element Appendix B Table B-5] to ensure adequacy to exceed the RHNA.

Suggested minimum deliverables:
 Updated Housing Element Appendix B Table B-5; and
 Draft and final additional amendments to the Housing Element necessary for consistency.

Amendments to the General Plan, Zoning Code, Specific Plans and Urban Plans Many of the City’s adopted plans are 20 or more years old and may no longer reflect the community’s vision for housing, allow adequate densities to meet the RHNA, or meet current legislative requirements. The consultant will prepare a focused, technical update to specific elements of the General Plan as well amend the Zoning Code, Specific Plans and Urban Plans, to achieve densities and affordability targets necessary to meet or exceed the RHNA. This effort should also include 197
RFP 25-10.C06385

Page 21 of 43 ends

reviewing planning entitlement application types, review processes, and provide recommendations for more efficient review and approval of housing. Respondents should consider if a phased approach to increasing density would benefit the City in achieve Housing Element compliance more effectively or if the focus should remain on completing the rezoning program.

Additionally, the consultant should consider that some commercial and industrial development standards may also warrant updating to ensure that the future developments on the housing opportunity sites and corridors are compatible, scaled accordingly and continue to support the economic vitality of local businesses.

Suggested minimum deliverables:
 Multiple draft amendments to all applicable regulatory documents;  Summary of proposed amendments;
 Draft and final maps;
 GIS layers; and
 Draft and final Land Use Entitlement Workflows.

Prepare Final Amendments & Public Hearings for Rezoning Plan and EIR The consultant will attend and present at public hearings conducted by the Planning Commission and City Council to consider the review of draft documents and adoption of final documents pertaining to amending the General Plan, Specific Plans, Urban Plans, Zoning Ordinance, re-zoning, and adoption of the Environmental Impact Report (EIR). City staff will be responsible for staff reports, resolutions, and public notification.

Suggested minimum deliverables:
 Draft and final presentation materials;
 Presentation/attendance;
 Public review documents; and
 Digital format General Plan, Specific Plans, Urban Plans, Zoning Code, and GIS maps/files.

Environmental Scoping
The consultant shall collaborate with City staff to prepare a draft project description that describes all actions undertaken by the proposed project to initiate the environmental review process. City staff expects that a Program EIR will be the appropriate document for environmental compliance, however the consultant will determine if an initial study is necessary and if a different CEQA document would be better suited to this project, particularly if it is decided to phase the overall Rezoning Program and implement a residential overlay first. The City welcomes guidance from responding consultants as to the appropriate CEQA documentation if City pursues a residential overlay, as well as cost and time implications associated with phasing. The consultant shall prepare a Notice of Preparation (NOP) in consultation with staff. After incorporating City review comments on the preliminary Project Description, the consultant will prepare the NOP, conduct required Noticing, and will conduct a Public Scoping Meeting for the EIR. The consultant is expected to respond to this RFP with a thorough work plan for environmental scoping.

The consultant is expected to respond to this RFP with a thorough scoping work plan and deliverables to meet legal requirements.
198
RFP 25-10.C06385

Page 22 of 43 ends

Environmental Impact Report
The consultant will prepare, in accordance with CEQA, an administrative draft of the EIR or other appropriate CEQA document including project objectives, existing conditions, impact analysis, mitigation measures, cumulative analysis, alternatives analysis, and all associated technical studies for review by City staff. The EIR will specifically address environmental concerns identified during plan development and outreach. Prior to beginning any technical analyses for individual subject areas, the consultant will provide an annotated outline and a memorandum describing the methods and assumptions to be used in the analysis (such as software, modeling techniques, significance thresholds, etc.). City staff will meet with the consultant as needed to discuss comments and will provide comments in one consolidated format. To optimize efficiency and avoid redundant efforts, the CEQA analysis should be collaboratively developed alongside the Rezoning Plan, with mitigation measures built into the plan where possible. The EIR should also be structured to facilitate the streamlining of the CEQA review process for future projects and proposals that align with the updated Zoning Code and General Plan.

The consultant is expected to respond to this RFP with a thorough CEQA work plan and deliverables to meet legal requirements.

Suggested minimum deliverables:
 Prepare the Project Description and Notice of Preparation;  Facilitate the Scoping Meeting;
 Prepare Technical Studies as needed (including Water Supply Assessment);  Prepare Administrative Draft EIR;
 Prepare Screen-Check Draft EIR;
 Prepare Published Draft EIR;
 Prepare Notice of Availability/Completion;
 Prepare Administrative Final EIR;
 Prepare Screen-Check Final EIR;
 Prepare Published Final EIR;
 Prepare Mitigation, Monitoring and Reporting Program;  Prepare draft CEQA Findings;
 Prepare Notice of Determination; and
 Attend a minimum of five CEQA-related community meetings/hearings.

Rezoning Program Implementation
The consultant will finalize the land use entitlement workflow that clearly outlines development review process for new housing application types. It will include a list of all documents requirement from an applicant to initiate and streamline development review process, Including applicable checklists for State Density Bonus Law (SDBL) request, and SB 35 and SB 330 streamlined housing applications.

The document will also list applicable Development Impact Fees, and applicable project review timelines. The document will be posted online, available to share with applicant and provide transparency for the wider community. Staff will prepare an updated site inventory in excel format for tracking housing opportunity site inventory, pursuant to Senate Bill 166, in conjunction with this effort.

199
RFP 25-10.C06385

Page 23 of 43 ends

Suggested minimum deliverables:
 Land use Entitlement Workflow document; and
 Applicant handouts for development review of housing projects.

200

EXHIBIT B

CONSULTANT’S PROPOSAL

201
Housing Element Rezoning
Program and Environmental
Impact Report
Revised January 30, 2025Revised Proposal for RFP No. 25-10 City of COSTA MESA
202

City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report i 1 Cover Letter
January 30, 2025
Stephanie Urueta
City of Costa Mesa, Economic and Development Services Department 77 Fair Drive, 1st Floor
Costa Mesa, California 92626
Subject: Revised Proposal for City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report
Dear Stephanie Urueta:

Dudek is pleased to submit a revised proposal to assist the City of Costa Mesa (City) to implement several of its Housing Element programs. This proposal reflects our updated
approach to efficiently and effectively conduct the scope of work to address the City’s needs and priorities.

Dudek, along with its subconsultant partners Kearns & West and Pro Forma Advisors, is a team of qualified, innovative, and dependable multidisciplinary consultants. We are expertly qualified to deliver the services needed to help the City successfully implement its Housing Element and better and more realistically facilitate housing development. Our team offers the following strengths:

Proven housing element (and implementation) expertise.

Dudek is currently leading similar housing element
implementation efforts in jurisdictions nearing the finish line to obtain final Housing Element certification from the
California Department of Housing and Community Development (HCD), and we are concurrently implementing various programs to ensure that compliance. In the Cities of Rancho Palos Verdes and Fullerton, for example, we are assisting City staff in developing and implementing individual rezones and residential and mixed-use overlay zones to ensure adequate capacity to meet each city’s Regional Housing Needs Assessment (RHNA). Dudek is also leading a comprehensive zoning code update, inclusive of citywide objective design standards, for the City of Pico Rivera to better facilitate residential and mixed-use development in compliance with state law and allow for a more efficient, effective, and transparent review and approvals process for all new development. Elsewhere in the Cities of Manhattan Beach, Concord, Indio, and Rialto, our team has successfully prepared Housing Elements to ensure substantial HCD compliance on time.

A multidisciplinary team with first-hand knowledge of the City and the region. Dudek has worked in Orange County for more than three decades to provide a variety of planning, economic, community

LOCAL OFFICE
27271 Las Ramblas, Suite 340
Mission Viejo, California 92691
949.450.2525

PROJECT

MANAGEMENT OFFICE
225 South Lake Avenue,
Suite M210
Pasadena, California 91101
Ph: 626.204.9800
203
Cover Letter
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report ii engagement, and environmental services to improve the livability of our communities, including market-feasible and legally sound housing elements, General Plans, zoning codes, and environmental reviews, as well as effective and inclusive community outreach and engagement campaigns. We are intimately familiar with the City and region’s local and regional landscape, culture, challenges, and opportunities. Notably, we were recently selected to prepare the City’s first Climate Action Adaptation Plan that will prioritize climate actions to enhance resiliency. Through this work, Dudek will further advance our familiarity with the City’s policies, regulations, City staff, and leaders, positioning us a valuable partner in the City’s implementation of its planning initiatives.

A thoughtful and inclusive approach to community outreach and engagement. At Dudek, we are not just planners and designers, but skilled outreach specialists who recognize that a plan without public support has no chance of affecting real change. Leading our outreach and community engagement will be Kearns & West who specializes in effective community engagement throughout Southern California.

Together, we will design an effective, transparent, consistent, accommodating, inclusive, respectful, and purposeful public process to solicit meaningful input while building consensus within the community.

Our outreach approach is proactive, goes where the people are, and reaches a broad audience through multilingual workshops, pop-up events, walking tours, social media campaigns, surveys, interviews, focused discussions, and other methods that have proven to be effective and fun.

Regulatory expertise for real-world implementation. We prioritize preparing regulatory documents that are usable and implementable because we know that even the best plans fail when they lack legally sound underpinnings. We have deep in-house technical expertise across zoning, land use, policy, and objective design and development standards to address and analyze all issues that arise during the preparation of regulatory documents while working directly with architects, developers, and property owners to unlock potential in underutilized sites. We are adept at translating community visions into user-friendly, streamlined, and legally defensible regulatory documents. For this effort, we have partnered with Pro Forma Advisors to frame our work in the realities of the market and develop market-driven and pragmatic implementation strategies to result in swift and visible outcomes.

Should you have any questions regarding this proposal, please contact Project Manager Catherine Tang Saez, AICP at 626.204.9846 or [email protected].

Sincerely,
__________________________________ __________________________________ Joseph Monaco Catherine Tang Saez, AICP
President/CEO Project Manager
Joseph Monaco is authorized to sign on behalf of Dudek.

204
Cover Letter
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report iii Table 1 details how Dudek meets the minimum requirements in the City’s Request for Proposal (RFP).

Table 1. Minimum Qualifications
RFP Requirement Dudek Response
a) The Proposer must have a Project Manager
assigned to the Contract with at least eight years
of experience within the last ten years,
providing services equivalent to the services
identified in Appendix A.
▪ Dudek Project Manager Catherine Tang Saez has
16 years’ experience with urban design,
comprehensive planning, and project
management.
▪ Catherine will be the primary point of contact for
the City.
b) The Proposer must provide three references
indicating a key role in the delivery of municipal
projects of similar scope that have been
completed within the last six years in California.

Projects may include zoning code updates,
general plan updates, creating objective design
standards, and major rezoning programs such as
those to address housing mandates.
▪ Dudek’s references for similar projects can be
found on the Company Profile & References form.

Our reference projects include:
▪ Housing Incentive Overlay Zone,
City of Fullerton
▪ Housing Element Implementation Programs,
City of Rancho Palos Verdes
▪ Specific Plan Updates, City of Burbank
▪ Brookhurst Corridor Study, City of Anaheim
▪ Mira Mesa Community Plan Update, City of
San Diego
c) The Proposer must have a local office (within
90 miles) with a competent representative who
can be reached during normal working hours or
emergencies who is authorized to make
decisions on matters pertaining to this contract
with the City.
▪ Dudek has two local offices:
▪ Pasadena (within 55 miles): 225 South Lake
Avenue, Suite M210
Pasadena, CA 91101
▪ Project Manager Catherine Tang Saez is
based in Pasadena and is authorized to
make decisions on matters pertaining to this
contract.
▪ Mission Viejo (within 19 miles): 27271 Las
Ramblas, Suite 340
Mission Viejo, CA 92691
205

TABLE OF CONTENTS

SECTIONS
1 Cover Letter ................................................................................................................................................... i 2 Background and Project Summary ............................................................................................................. 1 3 Project Approach and Methodology .......................................................................................................... 2 4 Qualifications and Experience of the Firm .............................................................................................. 30 5 Financial Capacity ...................................................................................................................................... 42 6 Key Personnel ............................................................................................................................................ 43 7 Cost Proposal ............................................................................................................................................. 48 8 Disclosure .................................................................................................................................................. 49 9 Sample Professional Service Agreement ................................................................................................. 50 10 Forms ......................................................................................................................................................... 51 206

TABLES
Table 1. Minimum Qualifications ............................................................................................................................ iii Table 2. Dudek Identification Information ........................................................................................................... 34

FIGURES
Figure 1. Proposed Methodology ............................................................................................................................ 2 Figure 2. Project Schedule ..................................................................................................................................... 27 Figure 3. Record of Delivery On Time and Within Budget .................................................................................. 28 Figure 4. Dudek Team Organization ..................................................................................................................... 43

APPENDI X
A Resumes

207

208

City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 1 2 Background and Project Summary
Our team understands that the
City of Costa Mesa (City) is seeking
a team of qualified, innovative, and
dependable multidisciplinary
consultants to collaborate with the
Economic and Development
Services Department to implement
several Housing Element programs
that will involve rezoning portions
of the City, and updating, and/or
creating new policies, procedures,
and development standards to
encourage and facilitate housing
development. We also understand
that portions of the zoning code,
General Plan, and other adopted
plans must be amended as part of
this effort. After careful review of
the City’s RFP , scope of work to be
done, expected goals and
objectives, and latest draft of the Housing Element, we understand that undertaking this work will be a complex exercise and the community expectations will be deservedly high.

Of the 47 programs identified in the City’s 2021-2029 Housing Element, we understand that this effort will account for implementing 18 of them over the course of a multiyear and multifaceted effort as mandated by state law. In addition, and more importantly, we respect the City’s care to do so in a way that will realistically expand accessibility to more housing choices while improving the quality of life for all Costa Mesans in the years to come. While every other jurisdiction in California is tasked with essentially the same goal, we recognize that the City is under challenging scrutiny to implement its rezones as soon as possible in order to achieve official Housing Element certification by the California Department of Housing and Community Development (HCD). Without it, the City remains open to certain risks, such as Builder’s Remedy, litigation, and loss of state funding. This particularly urgent and necessary action item coupled with the City’s other
required but less urgent programs comprises a
comprehensive multiprong effort that our team is
expertly equipped and excited to support.

In the following section, our team has outlined our
proposed approach and methodology to efficiently and
effectively navigate the complexities of this effort.

To minimize risk, we recognize the
City’s urgency to implement the
necessary rezones to obtain HCD
certification as soon as possible.

Sea House on West 18th St. comprises 33 townhomes.
209

210

City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 2 3 Project Approach and Methodology
Proposed Project Approach and Methodology
As mentioned in Section 2, we have identified 18 Housing Element programs to be addressed in this effort. While seemingly overwhelming and complex, this effort can be better understood, managed, and addressed if broken down into discrete phases and tasks. Based on our understanding of the City’s needs and priorities to ensure immediate compliance with HCD but also leverage this work effort to set the City up for ease of future compliance and maximize opportunities for housing, we recommend a hybrid approach to this effort. This approach will satisfy the State’s timebound requirement to rezone the necessary sites as outlined in the Housing Element but do so in a way that allows for regulatory flexibility and context specificity utilizing the City’s existing regulatory tools. An overview of how those tasks can be grouped and phased according to their urgency and relevance is provided below, illustrated in Figure 1, and detailed in our proposed scope of work on the following pages.

Figure 1. Proposed Methodology

211
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 3 PHASE 1A – URGENT AND REQUIRED HOUSING ELEMENT PROGRAMS To address the City’s lack of Housing Element certification, we recommend first focusing on the programs that HCD requires for immediate preparation and adoption: the rezones identified in Programs 3C (Update the North Costa Mesa Specific Plan), 3D (Update the City’s Urban Plans and Overlays), and 3N (Candidate Sites Used in Previous Housing Elements).

In this first phase of work, our team recommends a hybrid approach to the rezoning, which consists of a combination of both updates to select plans and creation of new and/or reuse of existing overlays.

This approach is based on our understanding that implementing Programs 3C, 3D, and 3N as currently written in the Housing Element is likely infeasible given that the level of effort to independently update 1 specific plan, 3 urban plans, and 1 overlay, and create one new additional overlay will likely not meet the City’s current time and budget constraints.

Instead, a hybrid approach takes advantage of the many benefits that an overlay, as a zoning tool, has to offer. Because an overlay would not change a property’s underlying base zone (it would simply add another zoning classification on top of its existing classification), it would still constitute as a “rezone” without needing to make permanent modifications to a property’s base zone. In this case, our team will assess the advantages and disadvantages of creating a new overlay and/or making use of the City’s existing overlays (R-I or Residential Incentive Overlay District and M-U or Mixed-Use Overlay District) for the same purpose, but with tailored specificity to identified sites.

PHASE 1B – NON-URGENT, BUT STILL REQUIRED PROGRAMS TO BE EXPEDITED In developing the overlay as mentioned above, we also recommend combining the work necessary to implement Programs 3H and 3I to assess the 17th Street Corridor and Airport Industrial Areas for new housing. Programs 3H and 3I are required, but non-urgent programs, and do not identify any Housing Element sites. Yet, our team recognizes that there are efficiencies to conduct this work concurrently with that of the overlay to potentially set the City up for ease of future HCD compliance by further maximizing opportunities for housing in areas where it makes the most sense.

Coupled with the overlay would also be an effort to independently update one or more of the City’s existing plans. Our initial assessment suggests that the North Costa Mesa Specific Plan may be most appropriate given its recent adoption and standalone applicability to a unique portion of the City.

However, the age and condition of the City’s other plans may suggest that an update is not appropriate.

Depending on our findings from our diagnostic analysis and in collaboration with City staff, our team will devise an agreed-upon strategy that implements an overlay for some sites, and reserves updating select plans for other sites where it makes the most sense.

Depending on the agreed-upon approach, this first phase would also include the corresponding updates to the General Plan, development review processes/procedures, and Housing Element. 212
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 4

PHASE 1C – COMMUNITY OUTREACH AND ENGAGEMENT
Community outreach and engagement comprises an equally urgent and necessary effort that will need to be commenced as part of Phase 1 as well. Although it will span across all phases of work, we propose executing a comprehensive, equitable, and inclusive community outreach and engagement strategy to inform, educate, and engage stakeholders and the community throughout the entirety of the effort. To minimize public confusion and outreach fatigue (i.e., overloading of seemingly similar information and requests for input), we recommend a singular, but multifaceted, outreach and engagement campaign. This one-stop-shop will enable the public to associate the City’s multiple zoning, land use, design/development, housing, mixed-use, etc. efforts with a singular name, purpose, and identity to better facilitate discussions and expectations. The campaign will be comprised of multiple methods of engagement, events, meetings, formats, locations, and languages to expand the reach and maximize meaningful participation.

PHASE 2 – NON-URGENT, BUT STILL REQUIRED HOUSING ELEMENT PROGRAMS With the first phase of work in full swing and on track for expedited completion, the City can then address the remaining Housing Element programs that are not urgent but nevertheless required to be implemented. This second phase of work includes multiple zoning code amendments to remove regulatory barriers to new housing development (Programs 2E, 2F, 2H, 2J, 2M, 2N, 2O, 2P , 3F, 3S, 4E, and 4G). Depending on the agreed-upon approach, we may find efficiencies in conducting this work concurrently with the third phase of work.

To address the City’s lack of Housing Element certification, we recommend first focusing on the programs that HCD requires for immediate preparation and adoption. 213
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 5 PHASE 3 – OTHER NON-URGENT EFFORTS
The least urgent phase of work includes the preparation of citywide objective design standards. While not explicitly called out as stand-alone or required Housing Element Implementation Program, the preparation of citywide objective design standards for residential and mixed-use development will allow the City to streamline the production of housing while ensuring quality in design as envisioned by the community. Because objective design standards will be necessary for the updates to existing plans and overlays, there is an opportunity to coordinate these efforts so that they inform each other.

PHASE 4 – MARKET ANALYSIS
Spanning across all phases of work will be a market-driven analysis of the opportunity for new housing and mixed-use development on identified Housing Element sites as well as commercial and industrial corridors. This analysis will help inform our approach to rezoning via a citywide market analysis, pro forma of various development prototypes, as well as a fiscal impact analysis.

PHASE 5 – CEQA
Also spanning across all phases of work will be the preparation of the Environmental Impact Report (EIR) pursuant to CEQA. To maximize efficiencies and flexibility, our team proposes preparing one EIR for the entirety of the project, inclusive of the various rezones, updates to/creation of new Specific Plans, urban plans, and overlays, including the General Plan and zoning code. The EIR prepared for this effort is likely to be a Program EIR that analyzes the impact and buildout of the various programs on a programmatic level. It is our intent that the Program EIR will include sufficient level of detail, analysis, and mitigation to allow future streamlining for project applicants to efficiently tier-off the Program EIR as development of each particular site is proposed.

Whittier Elementary School on Whittier Ave is adjacent to a cluster of 6th Cycle Housing Element sites identified in West Costa Mesa.
214
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 6 Proposed Scope of Work
Our team proposes the following scope of work to reflect the proposed approach and methodology based on the City’s expectations and priorities as gathered from the RFP. Our team is amenable to refinements to maximize efficiencies in timing and resources such that the City ultimately achieves HCD certification and successful implementation of its required Housing Element programs.

TASK 1. Project Management and Coordination
Task 1.1. Project Initiation
Dudek will conduct an in-person kickoff meeting within 2 weeks of receiving a notice to proceed. The first half of the meeting will be structured as a partnering session with City staff to confirm project expectations and goals; establish team responsibilities; discuss the scope of work, schedule, and list of deliverables as contracted; and discuss considerations to keep in mind as Dudek conducts the work.

The second half of the meeting will consist of an in-person tour. The tour will provide Dudek with more context of the City’s character and provide the team with a forum to discuss issues and opportunities.

Curated by Dudek with input from City staff, the tour can focus on select study areas, corridors, and/or recent development projects. By gaining a clear understanding of the City’s expectations at the project outset, Dudek will avoid rework and delays, delivering a product that explicitly responds to the City’s needs.

West Costa Mesa is an eclectic neighborhood of
light-industrial, commercial, and residential uses.
215
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 7 Task 1.2. Ongoing Project Management and Coordination
Dudek will facilitate ongoing check-in calls/virtual meetings with City staff. Meeting frequency (e.g., monthly or biweekly) will be confirmed with the City’s project manager. City and Dudek project managers may invite other participants to this call as needed (such as the City’s current Housing Element consultant to ensure an efficient and effective process of implementing the required programs for HCD certification). These ongoing check-in meetings will chart the status of ongoing work, reaffirm project milestones and deliverables, and flag any anticipated issues that may impact the schedule or budget. Dudek will host these virtual meetings via Zoom, but we can also be made available to attend in-person meetings at City offices as needed. For each meeting, Dudek will prepare an agenda and meeting notes, inclusive of action items and project status.

Task 1. Deliverables
▪ Facilitation of a kickoff meeting
▪ Agenda and meeting/tour summary with key takeaways
▪ List of requested client-supplied data, documents, and other relevant information ▪ Refinements to the project schedule and scope of work, if necessary ▪ Invoice template for approval
▪ Facilitation of check-in meetings
▪ Agenda and meeting notes, inclusive of action items
▪ Monthly (or other agreed-upon frequency) project invoice and progress report TASK 2. Initial Assessment and Strategy
To provide a solid foundation of understanding of the City’s obligations made in the Housing Element, Dudek will conduct an initial assessment of the Housing Element and related documents to be able to strategize with City staff the best path forward to rezoning (and subsequent implementation programs).

Dudek will perform a review and assessment across the following subtasks:

Task 2.1. Review of Housing Element
Dudek will conduct a thorough review of the City’s current draft of the 2021–2029 Housing Element (and relevant HCD comment letters and City Council and Planning Commission meetings regarding its status update) to better understand its policies and implementation programs, including the 18 out of 45 programs that are the subject of this effort:

Programs regarding rezoning (deemed urgent and required, and applicable to Housing Element sites):
▪ Program 3C: Update the North Costa Mesa Specific Plan ▪ Program 3D: Update the City’s Urban Plans and Overlays ▪ Program 3N: Candidate Sites Used in Previous Housing Elements Programs regarding zoning code amendments (deemed non-urgent, but still required, and not applicable to Housing Element sites):
▪ Program 2E: Encourage Development of Housing Options for Large-Family Households ▪ Program 2F: Persons with Physical and Developmental Disabilities ▪ Program 2H: Farmworker Housing
216
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 8 ▪ Program 2J: Transitional and Supportive Housing
▪ Program 2M: Parking Standards for Residential Developments ▪ Program 2N: Reasonable Accommodation
▪ Program 2O: Definition of Single Housekeeping Unit
▪ Program 2P: Group Homes
▪ Program 3F: Motel Conversions, Efficiency Units, and Co-Living Housing Types ▪ Program 3S: Review and Revise Findings (Conditional Use Permits, Design Review, Master Plan) ▪ Program 4E: Low Barrier Navigation Centers
▪ Program 4G: Assembly Bill 139 (Parking for Emergency Shelters) Programs regarding assessing the potential of new overlays and specific plans updates (deemed not- urgent, but required and not applicable to Housing Element sites):
▪ Program 3J: Analyze the Potential of Modifying the Newport Boulevard Specific Plan to Promote Residential Uses along Newport Boulevard
▪ Program 3H: Analyze the Potential of Establishing an Overlay to Permit Residential Uses in the Airport Industrial Area
▪ Program 3I: Analyze the Potential of Establishing an Overlay to Permit Residential Uses in the 17th Street Corridor Area
Task 2.2. Confirmation of Housing Element Sites
In collaboration with City staff and the City’s Housing Element consultant, Dudek will confirm and assess the identified Housing Element sites to better understand their existing conditions, such as existing uses, context/adjacencies, underlying base zone and associated regulations, and their anticipated densities per the Housing Element. In conjunction with a diagnostic analysis of the relevant plans, Dudek will identify the challenges and opportunities in how they may be rezoned, whether by updates to their plans, overlay, or a combination of the two.

Task 2.3. Diagnostic Analysis of Existing Specific Plans, Urban Plans, and Overlays Dudek will perform a diagnostic analysis of the relevant existing Specific Plans, urban plans, and overlays to assess the feasibility of updating the documents as identified in the Housing Element:
▪ North Costa Mesa Specific Plan (per Program 3C), which requires the rezoning of 16 sites ▪ 19 West Urban Plan (per Program 3D), which requires the rezoning of 12 sites ▪ SoBECA Urban Plan (per Program 3D), which requires the rezoning of 18 sites ▪ Mesa West Bluff Urban Plan (per Program 3D), which requires the rezoning of 16 sites ▪ Harbor Mixed-Use Overlay (per Program 3D), which requires the rezoning of 27 sites ▪ Newport Boulevard Specific Plan (per Program 3J), which does not require the rezoning of any sites. As a result, an immediate update to this document is not required for HCD certification.

217
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 9

The diagnostic will assess the entirety of each document to identify the sections that would need updating and will gauge the extent of work necessary as it may vary based on the document’s condition (age of the Specific Plan, availability of working files, etc.), with the focus being on those necessary updates to meet HCD requirements, including the following:
▪ Permitting residential development at the allowable densities identified in the Housing Element ▪ Updating development standards to promote residential development at the allowable densities–note that this work may coincide with the work to create new citywide objective design standards
▪ Updating the development review procedures to streamline the development of housing ▪ Possibly amending the boundaries of the Specific Plan areas ▪ Possibly updating other areas of the documents to ensure consistency with the updates listed above, the documents’ visions, goals, principles, land use plans, mobility plans, infrastructure plans, and implementation strategies
Task 2.4. Summary of Findings and Recommended Approaches After conducting a thorough review and analysis as described in this task, Dudek will prepare a summary of findings that identifies issues, considerations, challenges, and opportunities to discuss and address with City staff, inclusive of a set of options for how the rezoning (and subsequent programs) West 18th Street has seen the development of a variety of housing types in recent years.
218
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 10 may be implemented. Dudek acknowledges that this is a critical step to be able to chart the best path forward in conducting the work in this effort in the most efficient and effective way..

Task 2. Deliverables
▪ Review of relevant Housing Element policies and programs ▪ Diagnostic analysis of applicable Specific Plans, urban plans, and overlays ▪ Confirmation Housing Element sites slated for rezoning ▪ Summary of findings and recommended approaches to rezoning for presentation and discussion with City staff
Task 3. Community Outreach and Engagement
This task comprises the work to develop and execute a comprehensive community outreach and engagement strategy meant to span across all tasks in this effort.

Task 3.1. Community Outreach and Engagement Plan
With input from City staff, Kearns & West will prepare a Community Outreach and Engagement Plan that will establish a comprehensive, equitable, and inclusive strategy for engaging the community and stakeholders. The plan will specifically include a strategy dedicated to community-wide equity and inclusive engagement, focusing on segments of the community that have been historically left out of the planning process. This strategy will include a more focused analysis to identify underserved communities, the best ways to engage with those communities, and identifying the depth of languages and translation needs. The plan will establish goals and objectives, a communications strategy, schedule of events, and establishment of roles and responsibilities. For each outreach and engagement event, a purpose, target audience, participation goal, timeline, and other logistics will be identified.

After the finalization of the plan, Kearns & West will host and facilitate a training session with staff and consultant team to review the plan, provide an overview of all public-interfacing activities, and lay out strategies for successful conflict resolution and de-escalation in anticipation of potentially challenging community discussions and dynamics.

Task 3.2. Project Messaging
To facilitate a coordinated effort for
messaging in outreach and engagement,
our team will execute the Community
Outreach and Engagement Plan’s
communications strategy, including the
development of a graphic identity for the
project, project website, social media
campaign, and event noticing. To minimize
public confusion and outreach fatigue
(i.e., overloading of seemingly similar
information and requests for input), we
recommend a singular graphic identity for
the entire project, rather than an
individual one for each portion of the
Business parks serve as employment
hubs west of Freeway 55.
219
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 11 project. The graphic identity will include a logo, tagline, color palette, typeface, and messaging for public-facing collateral. The project website will be developed, hosted, and maintained as a stand-alone project website for project information, upcoming events, and work products. The social media campaign will consist of a strategy and content for posting to the City’s existing social media accounts.

Dudek assumes close coordination with the City’s public information officer and/or media managers on this effort.

Task 3.3. Stakeholder Meetings
In collaboration with City staff, our team will facilitate a series of stakeholder interviews/focus groups as virtual or in-person meetings. These conversations are important to hold at the beginning of the process for buy-in and to hear insight from key group as the project unfolds. The focus of the stakeholder interviews is to have individual or small group conversations with key stakeholders on planning considerations on the multiple programs and plans that this effort will address. Stakeholder groups could include appointed City Commissioners or Board Members, community based organizations (CBOs), residents, business owners, property owners, and developers. Kearns & West has developed and maintained relationships with various CBOs in Costa Mesa, such as Trellis. Our team will proactively engage them and others to maximize outreach and target stakeholders, specifically underrepresented groups, that are impacted by the effort.

Task 3.4. Community Events
Given the extent of areas of the City impacted by this effort, our team proposes a series of community events in different formats and locations to maximize outreach and engagement across the project’s multiple programs. Our team proposes a combination of the following methods as agreed upon with City staff based on an effective strategy relative to timing, reach, audience, and topic of discussion:

POP-UP EVENTS: Our team will host a series of pop-up workshop events to provide hands-on opportunities for input. The pop-up events will take place in locations where residents gather and engage a broad sector of the community, such as piggybacking off existing community events or assets, like farmer’s markets, festivals, parks, etc. The pop-up events will provide the opportunity for participants to provide feedback on the vision, goals, opportunities/challenges, and draft plan materials, emphasizing redevelopment options in areas subject to change.

WALKING TOURS: Our team will organize and host up to three walking tours of select areas of interest and change to learn from community members about their insights for change in their immediate neighborhoods. These tours may be conducted in conjunction with pop-up events if opportunities for efficiency exist, as agreed upon by staff.

OPEN HOUSES: After the development of draft materials (across the multiple specific plans, urban plans, overlays, and objective standards, etc.), our team will host a series of open house or showcase events to present draft materials before proceeding into finalization.

VIRTUAL MEETINGS: In addition to these strategies, our team will also host a series of virtual meetings to provide an online platform for sharing progress and obtaining community input.

Task 3. Deliverables
▪ A draft and final Community Outreach and Engagement Plan 220
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 12 ▪ Draft and final versions of project graphic identity, project website, and social media content
▪ Draft and final stakeholder outreach list
▪ Facilitation of up to 10 stakeholder meetings
▪ Event logistics plan and coordination with City staff for each event ▪ Event materials, event noticing, and summary of engagement for each event ▪ Event facilitation and staffing of at least four engagement specialists for each event, including at least one Spanish speaking facilitator
▪ Event facilitation of up to 10 community events, consisting of a combination of walking tours, pop-up workshops, open houses, and/or virtual meetings as agreed upon with City staff
▪ Draft and final versions of a community online survey as agreed upon with City staff, including summary of results
▪ Spanish translation of public-facing materials
TASK 4. Market Demand and Economic Feasibility Analysis To inform a market-feasible strategy for how best to implement the various programs of the Housing Element, Pro Forma Advisors will conduct a comprehensive analysis across the following subtasks:

Task 4.1. Citywide Market Demand Analysis
To inform the best approach to the rezoning, Pro Forma will assess the opportunity for housing while balancing the need to retain and grow the city’s economic vitality which encourages the growth of nonresidential land uses. We will assess the market conditions for residential only and mixed-use development across the identified sites and commercial/industrial corridors. We will review real estate market fundamentals to document recent and future competitive developments, recent sales and comparable transactions, asking rents, vacancy rents, and capitalization rates within the city and larger market area. Based upon the market assessment, we will forecast market potential for residential and mixed-use development, the timing of the demand, and the projected absorption rates.

Task 4.2. Physical Development Feasibility Analysis
In tandem with the financial feasibility analysis, Dudek will conduct a physical feasibility analysis for up to five hypothetical redevelopment scenarios. In collaboration with City staff, Dudek will select typical parcels/sites to represent hypothetical development programs and uses. The study will test-fit typical housing and mixed-use developments on identified sites to illustrate density, height, setbacks, façade modulation/articulation, parking/loading, open space, and access/circulation. In tandem with the financial feasibility analysis, these studies will test and reveal the impact that new regulations might have on the physical feasibility of market-typical residential and mixed-use developments (e.g., live/work, podium, wrap, subterranean parking, horizontal versus vertical mixed-use). The findings will determine the feasibility of the sites and usability of new regulations in that they do not inadvertently prevent buildings that are typically market-supported and/or create environments that the community does not support. As such, the studies will also test the potential modifications to any constraining regulations to better support physical and market feasibility and consider the physical impact of applying incentives, such as flexibility in height, density, parking, and open space requirements, etc. 221
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 13 Task 4.3. Financial Development Feasibility Analysis
In tandem with the physical feasibility analysis, Pro Forma will explore the financial feasibility of up to five residential and/or mixed-use development prototypes. The analysis will test the various typologies and analyze the underlying economics that will impact their development. The analysis will use assumptions from the Citywide Market Analysis to evaluate the prototype’s demand, likely price points, occupancy, etc. With revenue assumptions in hand, Pro Forma will evaluate contemporary land prices, operating assumptions, and capitalization rates. After estimating relative order of magnitude (ROM) cost estimates for the alternatives, a financial analysis will be conducted to determine if the development options are feasible from a developer’s perspective.

Task 4.4. Fiscal Impact Analysis
Pro Forma will develop a fiscal impact model to
evaluate selected development prototypes. To
address the issue of growth, the City needs to
evaluate how the rezoning program will impact its
long-term fiscal sustainability. The first part of our
work will focus on gaining an understanding of the
city’s current fiscal health, identifying key near-
term and long-term issues faced by the city, and
evaluating how future growth can impact levels of
service offered by the city. The second part of the
study will focus on developing a model to assess
the fiscal implications of the proposed new
development typologies. The fiscal impact model
will be used to ensure that the selected
development prototypes will support the long-
term fiscal well-being of the city by allowing for
new development without adversely affecting the
ability to provide municipal services to residents
through the city’s General Fund.

Task 4.5. Summary of Findings and Recommended
Approaches
After conducting a thorough review and analysis as
described in this task, Dudek and Pro Forma Advisors will prepare a summary of findings that identifies the opportunities and challenges to introducing new housing and mixed-use across the identified sites and other areas of the City. These findings will most importantly help to inform how the rezoning may be implemented, and will continue to inform the work to implement subsequent programs.

Task 4. Deliverables
▪ Citywide Market Analysis Report
▪ Physical and Financial Development Feasibility Analysis Report ▪ Fiscal Impact Analysis
▪ Summary of Analysis Report for presentation and discussion with City staff West 17th Street, a hybrid industrial-
residential street, offers a variety of
unexpected street experiences.
222
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 14 TASK 5. Rezoning
Based on the agreed-upon approach, Dudek will conduct the rezoning. Dudek recommends a hybrid approach which consists of a combination of both updates to select plans and creation of new and/or reuse of existing overlays, as described below.

Task 5.1a. Updates to Select Plans
Depending on the agreed-upon approach, Dudek will update the necessary sections of select Specific Plans and/or Urban Plans. The updates will be targeted and surgical rather than wholesale, with a focus on only those sections and content that are necessary to implement the rezones as required by HCD.

Dudek assumes that the City will provide the original working files (e.g., Word, InDesign) of each of the documents and applicable maps, figures, graphics, and tables for updating. For documents without original working files, Dudek assumes only recreating from scratch those sections that are necessary for updating. For purposes of initial scope and budget estimation, Dudek assumes updating up to one plan – the North Costa Mesa Specific Plan.

Task 5.1a. Deliverables
▪ One administrative draft of updated plan (red-lined Word document) for City review ▪ One public review draft of updated plan for public review ▪ One final draft of updated plan for adoption
Task 5.1b. Creation of New and/or Reuse of Existing Overlays Depending on the agreed-upon approach, Dudek will prepare an overlay for identified Housing Element sites. This overlay may also apply to potential sites in the 17th Street Corridor and Airport Industrial Areas. To identify these sites, we will analyze the area’s appropriateness for future residential use, based on an objective methodology that will be developed in partnership with City staff. The overlay will be entirely new or be an amendment to one or both of the City’s existing overlays (R-I and/or M-U).

In either case, the overlay will consist of new provisions, procedures, design/development standards, as well as necessary maps, figures, and tables. Preparation of this overlay may require reference and/or updating of associated sections of the zoning code.

Task 5.1b. Deliverables
▪ Confirmation of sites in the 17th Street Corridor and Airport Industrial Areas ▪ One administrative draft of overlay zone for City staff review ▪ One public review draft of overlay zone for public review ▪ One final draft of overlay zone for adoption
Task 5.2. Update to Existing General Plan
Regardless of the strategy selected to address the rezones, Dudek will prepare the necessary updates to the General Plan. This may include amending the underlying General Plan land use designations for the sites to be rezoned, updates the Land Use Map and other associated descriptions, figures, and tables, as well as strategic updates to the Community Design Element where applicable. 223
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 15 Task 5.2 Deliverables
▪ One administrative draft of relevant General Plan sections (red-lined Word document) for City staff review
▪ One public review draft of relevant General Plan sections for public review ▪ One final draft of relevant General Plan sections for adoption Task 5.3. Streamlined Development Process
Regardless of the strategy selected to address the rezones, Dudek will work with City staff to streamline the City’s development process. Dudek understands the City’s request to prepare a streamlined development process (land use entitlement workflow) for qualifying housing projects consistent with state law, such as the state density bonus law, Senate Bill 35, and Senate Bill 330. Dudek recognizes that this effort could be executed in one of two ways. The first is to directly amend Chapter III. Planning applications of the zoning code to reflect recent state law that allows for a streamlined development process for qualifying housing projects given varying criteria, such as density bonus, provision of affordable housing, and other triggers. This option would codify the process ensuring regulatory applicability citywide. The second option is to prepare a standalone guidance document in a checklist format illustrating the same information. Note that this second option does not codify the process, but merely provides guidance to both City staff and project applicants. Dudek proposes to discuss the pros and cons of each option with City staff prior to commencing this task to ensure consistency with City goals and expectations.

Task 5.3 Deliverables
▪ Option 1 – Amendment to the Chapter III Planning Applications of the zoning code ▪ Option 2 – Standalone guidance document and project checklist for applicants Task 5.4. Update to Housing Element
If it is agreed-upon that the rezones be
prepared in a way that is different than
what is currently identified in the Housing
Element, Dudek will work with City staff
and the City’s Housing Element consultant
to update the Housing Element to ensure
consistency between the Housing Element
and the actuality of the rezones. This may
require a revision to Programs 3D, 3C, and
3N (and/or others) inclusive of their
description, selection of sites, assumed
densities, etc., as well as a revision to the
Housing Element Sites Inventory table.

This is a critical task that will provide the
City with the necessary documentation to
obtain HCD certification for its Housing Element and required rezones.

Mobile home villages add to the diversity of
housing stock in West Costa Mesa.
224
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 16 Task 5.4. Deliverables
▪ Draft and final content to be able to update Programs 3D, 3C, and 3N (and/or other programs) in the Housing Element, including text, tables, and maps Task 6. Zoning Code Amendments
Outside of the required rezones, this task addresses the necessary zoning code amendments to implement Programs 2E, 2F, 2H, 2J, 2M, 2N, 2O, 2P , 3F, 3S, 4E, and 4G.

Task 6.1. Diagnostic Analysis of Applicable Sections of Existing Zoning Code Dudek will perform a diagnostic analysis of the relevant sections of the zoning code to develop options for how best to amend the zoning code in meeting HCD requirements. The diagnostic will focus on confirming the applicable sections of the zoning code and identifying non-compliant, subjective, or constraining code language that must be amended to be consistent with state law. Dudek will prepare a Summary of Analysis Report that summarizes our understanding and key findings. The report will identify issues and considerations to be discussed and addressed with City staff and present a recommended approach to implementing the zoning code amendments as identified in the Housing Element. Dudek will present and discuss the report with City staff and, after consensus on an approach, will then proceed with the zoning code amendments.

Task 6.2. Zoning Code Amendments
Based on an agreed-upon approach with City staff, Dudek will amend the necessary sections of the zoning code to remove governmental constraints to housing, such as updating relevant sections of the code regarding permitted uses, development standards, and development review procedures. The amendments will be targeted and surgical rather than wholesale, with a focus on only those sections and content that are necessary as identified in the relevant Housing Element Implementation Programs. The amendments will focus on language that is objective, concise, clear, and consistent with state law, and may include necessary tables and figures.

Task 6. Deliverables
▪ Diagnostic analysis of applicable sections of the zoning code slated for amendments ▪ Summary of Analysis Report for presentation and discussion with City staff ▪ One administrative draft of zoning amendments (red-lined Word document) for City staff review
▪ One public review draft of zoning amendments for public review ▪ One final draft of zoning amendments for adoption
Task 7. Objective Design Standards
Outside of the required rezones, this task includes the work to create new citywide objective design standards applicable to residential and mixed-use development. 225
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 17 Task 7.1. Analysis to Inform Objective Design Standards Task 7.1a. Diagnostic Analysis of Existing Residential and Mixed-Use Standards Dudek will perform a diagnostic analysis of the existing regulations pertaining to residential and mixed- use development, specifically Chapter V, Development Standards of the zoning code. Dudek will identify the issues and opportunities as they relate to the incorporation of new citywide objective design standards into the zoning code, such as current and future organization and application of regulations, cross-referencing across chapters, usability by both staff and applicants, transition from subjective to objective standards consistent with state law, applicability of design review, etc. The diagnostic will identify strategies for how best to incorporate the new objective design standards into the zoning code consistent with state law.

Task 7.1b. Existing Built Environment Analysis
Dudek will review and analyze the City’s existing character as seen through its buildings and public realm, including residential and mixed-use developments with a focus on typical footprint and building type (e.g., townhouse, tuck-under, podium, wrap, etc.), predominant architectural styles (e.g., Spanish, Ranch, etc.), and open space types (e.g., streetscapes, parks, plazas, squares, courtyards, etc.). This analysis will be conducted via a “windshield survey,” any available architectural or historic resource plans or studies, and other relevant information provided by City staff.

Task 7.1c. Current/Recent Development Projects Analysis Dudek will review current and/or recent residential-only or mixed-use development projects in the City to better understand the City’s project review process, including staff comments, conditions of Juxtaposition of residential and light-industrial
uses in West costa Mesa is not unusual.
226
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 18 approval, request for deviations or variances, usability and feasibility of existing standards, and inclusion of community feedback, if applicable. The review will consider existing processes through the lens of state legislative requirements to determine where existing provisions and procedures may conflict with state requirements and help to identify opportunities for streamlining to maximize effectiveness, efficiency, and transparency in the development process. Dudek assumes that City staff will provide building permit data, project applications, staff review materials, and any other relevant material for mixed-use developments throughout the City.

Task 7.1d. Case Study Analysis
Dudek will research relevant zoning regulations (with regards to development review procedures to streamline housing production) and objective design standards in cities with similar markets. Other jurisdictions may offer us lessons learned in the ways that housing and mixed-use have been successfully regulated and incentivized, especially in recent years, given changing state housing law. At a minimum, Dudek will coordinate with City staff to determine the list of case studies and pull from lessons learned from cities for which Dudek is currently implementing similar housing element programs (Fullerton, Rancho Palos Verdes, and Pico Rivera).

Task 7.1e. Summary of Analysis Report
After conducting a thorough review and diagnostic analysis, Dudek will prepare a Summary of Analysis Report that summarizes our understanding and key findings. The report will identify issues and considerations to be discussed and addressed with City staff and present a recommended approach to preparing new objective design standards. Dudek will present and discuss the report with City staff and, after consensus on an approach, will then proceed with the objective design standards.

Task 7.2. Objective Design Standards
Based on an agreed-upon approach with City staff, Dudek will prepare new objective design standards to regulate the design of residential and mixed-use development citywide. It is not the intent of this effort to overhaul existing development standards that are considered fundamental to development (e.g., height, setbacks, density, etc.), but instead to compliment them by creating new objective design standards that affect the “look and feel” of residential and mixed-use development, such as massing/bulk, facade modulation and articulation, ground floor design, windows and doors, and other design elements as agreed upon with City staff. Dudek will also perform a “reality check” by testing the development feasibility for residential and mixed use on select real world parcels. This analysis will ensure the realistic usability of the proposed design standards. To ensure consistency with state law and streamline the development process, the new design standards will be objective, clear, concise, user-friendly, and realistic, and will include figures/graphics as necessary in plan, section, and/or 3D to provide further clarity and description.

Task 7. Deliverables
▪ Diagnostic analysis of applicable sections of the zoning code ▪ Analysis of existing residential building/streetscape types and architectural styles ▪ Review of up to five current and/or recent residential-only or mixed-use development projects
▪ Analysis of up to three case studies
227
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 19 ▪ Summary of Analysis Report for presentation and discussion with City staff ▪ One administrative draft of objective design standards for City staff review ▪ One public review draft of objective design standards for public review ▪ One final draft of objective design standards for adoption Task 8. CEQA
This task comprises the work to conduct the corresponding environmental review as required by CEQA for all necessary tasks in this effort.

Task 8.1. Project Description
Dudek will prepare a project description with project-specific details to prepare a comprehensive project description for submittal to the City. Upon receipt of the reviewed project description from the City, Dudek will provide the complete, finalized project description to the project team for use in application materials.

Task 8.1 Deliverables
▪ Project description (Microsoft Word)
Task 8.2. Notice of Preparation
Dudek will prepare a draft Notice of Preparation (NOP) for the project using the City-approved noticing format that is consistent with the procedural and substantive provisions of Sections 15063 and 15082 and Appendices C, G, and I of the 2024 CEQA Guidelines. The date on which the NOP is circulated will serve as the baseline for existing conditions while preparing the EIR. Dudek will provide the City with an Administrative Draft NOP and incorporate all comments and submit (electronically only) a Final Draft NOP to the City.

Once approved, Dudek will print and mail the NOP to responsible agencies, trustee agencies, and any other interested parties pursuant to the mailing list provided to us by the City. Dudek will also coordinate with the State Clearinghouse to provide the NOP for posting on their website. Dudek would be responsible for transmittal of the Final NOP to the Orange County Clerk, along with payment of any applicable filing fees. If required, the City would be responsible for publication of the NOP in a local newspaper. During the 30-day public review period of the NOP , Dudek will begin preparation of a Program EIR, consistent with CEQA Guidelines Section 15168. This scope of work does not include the preparation of an Initial Study.

The Dudek CEQA project manager will attend one scoping meeting for the project. It is assumed that the City will coordinate and facilitate the scoping meeting, including arranging a venue, and that presentation materials describing or illustrating the project will be provided by the City and the Planning and Urban Design team. Dudek will provide relevant meeting handouts, including a summary of the NOP , a CEQA process flowchart, the purpose of the scoping meeting, environmental issue areas, and a sign-in sheet. Dudek will also take detailed notes regarding the issues raised by commenting individuals that should be addressed in the Program EIR. In addition, Dudek will be available to present the purpose of the scoping meeting, provide an overview of the CEQA process, and answer questions raised by the public regarding the CEQA process and/or general questions regarding technical and 228
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 20 analytic methods, as needed. Dudek’s primary role in the scoping meeting is to solicit and record public input regarding the scope and content of the EIR. Following the scoping meeting, a summary of all comments recorded at the meeting will be provided to the City.

Task 8.2 Deliverables
▪ Administrative Draft and Final NOP: one electronic copy (Microsoft Word) ▪ Mail the NOP to applicable agencies and interested parties pursuant to the City’s mailing list
▪ Post the NOP package to the State Clearinghouse
▪ File the NOP with the Orange County Clerk
▪ Presentation materials and attendance at the scoping meeting ▪ Scoping meeting summary report: one electronic copy (Microsoft Word)

West 17th Street is a primary artery serving the communities of West Costa Mesa. 229
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 21 Task 8.3. Administrative Draft EIR
Dudek will prepare a comprehensive, accurate, and objective Program EIR for the project in compliance with CEQA and the CEQA Guidelines (both as amended throughout submittal of the EIR), and all applicable guidance and procedures established by the City for the purpose of environmental review.

The main purpose of the Program EIR is to thoroughly and accurately analyze the environmental impacts of the proposed project as a comprehensive examination that involves a series of related actions. The document will, as far as is possible, be free of industry jargon so that the information it contains is accessible to the City, decision makers, and the public. The methodology and criteria used for determining the impacts of the project will be clearly and explicitly described in each section of the Program EIR, including any assumptions, models, or modeling techniques used in the analysis.

Dudek assumes that the project description prepared at the outset and approved by City prior to circulating the NOP , will not change once the Program EIR analysis commences. In our experience, developing an accurate, finite, and stable project description prior to beginning substantial work on the environmental document has proven to greatly expedite the preparation and processing of a Program EIR.

The following outlines Dudek’s approach to each chapter for the Administrative Draft Program EIR. ▪ Table of Contents. The table of contents will contain a list of Program EIR contents, including text discussions and lists of tables and exhibits. It will also include a list of appendices. ▪ Executive Summary. Pursuant to Section 15123 of the CEQA Guidelines, the summary will contain an overview of the proposed project, including a list of required discretionary approvals.

The summary will also include impacts and mitigation measures; known areas of controversy, including issues raised by other agencies and the public; and alternatives to the proposed project.
▪ Introduction. The Introduction chapter of the Program EIR will define the purpose, scope, and legislative authority of the Program EIR; the requirements of CEQA; and other pertinent environmental rules and regulations. This section will also describe the environmental procedures used to prepare the analysis. The intended uses of the Program EIR will be outlined.

A list of discretionary approvals will also be included. In addition, a list of related agencies and approvals will be included. Major known issues or issues of controversy will be summarized.

Finally, a summary of the document organization will be included. ▪ Project Description. The bulk of this chapter will be prepared prior to circulating the NOP .

However, a list of relevant projects to be utilized throughout the cumulative impacts analysis will be included at this stage, as will be a summary of the cumulative impact assessment approach.
▪ Environmental Analysis. Dudek will conduct analyses to evaluate the proposed project at a programmatic level. If mitigation measures would be required to reduce environmental impacts associated with the proposed project, these mitigation measures would be incorporated into each section of the environmental analysis.
▪ Cumulative Effects. The cumulative analysis will be qualitative in nature and will be based upon known projects, either approved, proposed (applications on file), or reasonably foreseeable, within a defined area around the proposed project, as determined by the factors relevant to 230
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 22 each environmental issue area. The cumulative impact assessment will be based on potential development projects that may, in combination with the proposed project, create cumulatively considerable environmental impacts, as required by Section 15130 of the CEQA Guidelines. ▪ Alternatives to the Proposed Project. To accurately define alternatives, Dudek will work with the City to clearly articulate project objectives. The Program EIR can then most effectively assess alternatives in light of the CEQA mandate to reduce significant project impacts while meeting the project’s basic objectives.

Dudek proposes a two-tiered approach to
the alternatives analysis: (1) describe the
alternatives screening process, and (2)
describe and analyze those alternatives
selected for detailed study. This will allow
the Program EIR to demonstrate the
consideration given to a sufficiently broad
range of alternatives. The alternatives
screening process will provide an
opportunity for the Program EIR to
describe the process used to identify
alternatives. The section will describe a
range of alternatives initially considered,
including their ability to meet “screening
criteria.” Alternatives not carried forward
for detailed analysis will be identified, and the reason for rejection of these alternatives will be specified.

For those alternatives described in detail, the Program EIR will qualitatively address the environmental impacts that would result. Dudek will work closely with the City and Planning team to develop a reasonable set of alternatives, which are likely to include (1) a no-project alternative (as outlined in CEQA Guidelines Section 15126.6), (2) development at alternate sites, and (3) a modified development scenario tied to the reduction or avoidance of significant impacts. Additional alternative(s) would be determined once key project impacts have been further defined. For cost-estimating purposes, Dudek assumes that three alternatives, inclusive of the no-project alternative, will be evaluated in the Program EIR.

The alternatives will be described in a sufficient level of detail to allow meaningful comparison with the proposed project. Each alternative will be evaluated with respect to each key impact category. The advantages and disadvantages of each alternative and the reasons for rejecting or recommending the alternative will also be discussed, and the environmentally superior alternative will be identified.

During the environmental analysis, minor variations to the proposed project that could have the effect of reducing or eliminating environmental concerns may become apparent. These variations will be recommended, where feasible.
▪ Other CEQA Considerations. This chapter of the Program EIR will briefly summarize the impacts of the proposed project, the level of significance of impacts, recommended mitigation measures, and the level of significance after mitigation. Long-term term implications of the Play Port mobile home village
for seniors on West 17th Street
231
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 23 project will be discussed, including any potential growth-inducing and irreversible impacts of the proposed project. Potential sources of growth inducement and their corresponding impacts, such as removal of obstacles to growth, will be qualitatively analyzed, to the extent that they are applicable. This section will also include a list of all significant irreversible environmental changes that would occur as a result of the project (these changes would be involved in the proposed action should it be implemented).
▪ Preparers and Contributors. This chapter will contain a list of organizations and persons consulted during preparation of the Program EIR and will list all persons involved in the preparation of the document and their title and role, as well as contributors to the content of the Program EIR.
▪ References and Acronyms. The Program EIR will include a list of all references cited during preparation of the Program EIR. It should be noted that it is Dudek’s standard policy that a digital copy of all references used to prepare the Administrative Draft Program EIR can be submitted to the Project Applicant and the City, if necessary, during the time of initial review.

The Program EIR will also provide a list of acronyms and their definitions as used in the Program EIR.
▪ Technical Appendices. All technical studies, survey results, data, and public and agency comments will be included as appendices to the Program EIR.

Task 8.3 Deliverables
▪ Administrative Draft Program EIR: one electronic copy (Microsoft Word) Task 8.4. Screencheck Draft EIR
Upon receipt of a consolidated set of review comments from the City, Dudek will revise the Administrative Draft Program EIR to be responsive to comments raised. This scope of work assumes that no new or revised technical studies will be required. Dudek will provide the City with a Screencheck Draft of the Program EIR for final review and comment.

Task 8.4 Deliverables
▪ Screencheck Draft EIR: two electronic copies (Microsoft Word and PDF) Task 8.5. Public Draft EIR
Dudek will prepare a Draft Program EIR for a 45-day public review period that incorporates all the comments on the Screencheck Draft Program EIR. For cost-estimating purposes, Dudek assumes that the final round of review, comment, and revisions will only require minor text edits and changes.

Dudek will prepare drafts of both the Notice of Availability (NOA) and the Notice of Completion (NOC) for City review. Upon receipt of City review comments, Dudek will finalize these documents for City signature and distribution. Dudek will be responsible for providing the NOC and Draft Program EIR to the State Clearinghouse. Dudek will also be responsible for posting the NOA with the Orange County Clerk and providing filing fees. Dudek assumes that the City will be responsible for distributing the NOA to interested stakeholders, agencies, and the public. In the event the City would like to publish the NOA in a paper of local circulation, Dudek assumes that the City will take the lead on posting the notice with the paper.
232
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 24 Task 8.5 Deliverables
▪ Draft Program EIR (electronic only)
▪ State Clearinghouse package (NOC, Draft EIR)
▪ NOA: one electronic copy; one stamped copy from Orange County Clerk (and payment of applicable filing fees)
Task 8.6. Final EIR
Dudek will prepare a Final Program EIR, including the following chapters: Response to Comments, Revisions to the Draft Program EIR, and mitigation monitoring and reporting program (MMRP). For cost-estimating purposes, Dudek assumes two rounds of review, comment, and revisions by the City and Dudek.

Dudek will assist the City with providing the Final Program EIR at least 10 days prior to consideration for certification by the City to any commenting public agency and any member of the public who has requested the document. Once the Program EIR has been certified, Dudek will prepare a Notice of Determination (NOD) and assist the City with filing with the State Clearinghouse and the Orange County Clerk.

Response to Comments
The Response to Comments chapter of the Final Program EIR will include comments received on the Draft Program EIR, responses to those comments, and standard introductory material. All comments will be numbered (to indicate comment letter and comment number), and the responses to those comments will be similarly numbered to allow easy correlation. For purposes of this scope of work and cost estimate, Dudek assumes that no more than 20 substantive discrete comments will be received on the Draft Program EIR; note that one comment letter can contain multiple substantive comments. Since the actual scope and extent of public comments cannot be definitively determined at this time, if additional staff hours are needed to prepare responses to comments, the scope of work and budget provided in this proposal would be amended.

Revisions to the Draft EIR
Dudek will complete revisions to the Draft Program EIR text and provide a complete updated Program EIR document, with additions shown in double underline and deletions shown in strikeout. Dudek assumes that these revisions would be captured by listing in an errata to the Draft Subsequent EIR.

MMRP
The MMRP will be in table format and will specify project-specific mitigation measures and standard conditions of approval that are applicable to the project. Mitigation timing and responsible parties will also be identified. The objective of the MMRP is to comply with California Public Resources Code, Section 21081.6, as mandated by Assembly Bill 3180, which requires that a lead agency adopt an MMRP at the time an EIR is certified. Dudek assumes that the City will be responsible for preparing the Findings of Fact, and if necessary, the Statement of Overriding Considerations for the project. In the event the City would like Dudek to prepare these documents, an amendment will be provided for these additional services.
233
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 25 Task 8.6 Deliverables
▪ Administrative Final Program EIR: one electronic copy (Microsoft Word) ▪ Final Program EIR: electronic copy (Microsoft Word files and PDF file with OCR searchable text)
▪ NOC: one copy (submitted to State Clearinghouse)
▪ NOD: stamped copy by the Orange County Clerk; copy submitted to State Clearinghouse (and payment of filing fees, including CDFW filing fee) Task 9. Public Hearings
This task addresses the work to engage the City Council and Planning Commission at public hearings for review, approval, and adoption of each of the tasks in this effort.

Task 9.1. Public Hearings
Dudek will assist City staff with the public hearings necessary to review and adopt the rezones, zoning code amendments, new overlays, new objective design standards, General Plan amendment, EIR certification, and a potential Housing Element amendment. Dudek will prepare presentation materials, as well as the public review and final versions of the applicable documents to attend and present at public hearings conducted by the Planning Commission and City Council. Dudek assumes that City staff will be responsible for drafting staff reports, resolutions, ordinances, and public notification.

Task 9.1. Deliverables
▪ Draft and final presentation materials
▪ Attendance and presentation at eight Planning Commission and eight City Council meetings. Dependent on the agreed upon approach and timeline, Dudek recommends consolidating public hearings across tasks where it makes sense to improve efficiencies.

Infill development has seen the addition of housing stock on underperforming parcels. 234
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 26 Achieving Client Satisfaction
Dudek facilitates critical thinking, careful questions, and productive discussion during kickoff meetings and initial materials review to consider any possible risks and challenges of each project. We believe in frequent and ongoing communication as the key to identifying problems as they arise. Dudek will work collaboratively to develop solutions, offering counsel on resolution of various technical issues and controlling document quality and schedule. Catherine will coordinate with the City via video conferences, phone, email, and in-person meetings, as needed. Frequent communication helps both parties identify potential revisions to each project at the earliest possible stage, allowing maximum time to adjust and refocus the project to maintain both cost and schedule.

Dudek’s organizational structure places clients at the top, with our project management directly supporting you. There is no middle management to slow decision-making processes or hinder your project progress. Project managers are well informed, practiced, and empowered to harness the full resources of our firm. Whether it is a quick phone call or an additional scope element, Catherine can quickly mobilize new approaches, resources, and team members to meet your needs. Our depth of staff allows us to be responsive to a variety of needs on multiple, concurrent tasks and remain flexible to changing requirements and unforeseen issues.

Project Schedule
Figure 2 details our project schedule. For this effort, we are assuming a 24-month timeline, with the required rezones and revised Housing Element to be submitted to HCD no later than November 2026.

This timeline assumes an expedited effort to implement and adopt the rezones for HCD certification but recognizes that other non-urgent efforts (such as the Objective Design Standards) may require additional time beyond November 2026. Depending on the agreed-upon approach to the rezoning, there may be opportunities to more efficiently stagger the tasks and/or conduct them concurrently. 235
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 27 Figure 2. Project Schedule
236
Project Approach and Methodology
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 28 Roles of City Staff and Consultant Staff
Dudek will perform the consultant work and will serve as extension of City staff as needed. We will rely on City staff for guidance, review, and coordination with the Costa Mesa City Council. Please refer to the organization chart in Section 6, Key Personnel for Dudek staff roles.

Innovative, Creative Approaches
Dudek’s success in executing client tasks on time and
within budget (Figure 3) is driven by open team
communication initiated by the contract manager and
the designated task lead. Project staff will be kept
apprised of any project changes and schedule demands
communicated by the City, keeping environmental
resource staff engaged with a sense of team purpose in
carrying out our work in support of your goals.

To ensure project success, we engage in clear
communication and cooperation with the City, holding
regular conference calls and preparing agendas to
assist teams in clarifying any issues and proceeding
with the work in a unified manner. We use check-in
meetings with our project teams to allocate resources
properly and according to the City’s schedule
constraints. When working on several concurrent
projects, we identify areas where information sharing
can reduce the time, budget, or work needed to
produce deliverables.

Figure 3. Record of Delivery On Time and
Within Budget
237

238

City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 30 4 Qualifications and Experience of the Firm
Relevant Experience
The Dudek team has extensive experience providing urban design, planning, economic and market analysis, environmental review, and public outreach and engagement services for communities throughout Southern California. Specifically, Dudek is currently assisting multiple jurisdictions in improving or developing new zoning regulations to allow residential only and mixed-use development along major commercial corridors to fulfill the commitments identified in their most recent housing element updates. Please see a details of our relevant experience under Similar Current and Previous Contracts. In addition to references with our relevant experience, further references are included on the Company Profile & References form.

DUDEK EXPERTISE
Dudek is well positioned to provide consulting services for the Housing Element Rezoning Update and EIR for
the City’s Economic and Development Services
Department. Founded in 1980, Dudek is a California
corporation with 14 California offices, including one in Pasadena. We are staffed by more than 900 planners,
urban designers, outreach specialists, geographic
information system (GIS) experts, California
Environmental Quality Act (CEQA) and National
Environmental Policy Act (NEPA) 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
community interests.

Our Planning and Urban Design Studio
Our Planning and Urban Design studio is a boutique service at Dudek where we focus on creating vibrant, sustainable, and equitable communities. Our city planners, policy planners, and urban designers work collaboratively with clients on plans, both large and small. By quickly leveraging our comprehensive in-house technical expertise, we can balance and prioritize urban design, land use, infrastructure, sustainability, and transportation objectives to address short- and long-term planning challenges. We emphasize the importance of rigorous analysis in successful problem-solving and 239
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 31 demonstrate that accurately defining the problem is the crucial foundation to solving it. Our plans are realistic, bold, and stand the test of time. A description of our planning and urban design services specific to the City’s needs are provided below.

Conducting Design and Development Feasibility Tests
Our team has deep and varied backgrounds in design, architecture, construction, and development.

Having trained and practiced as architects, our urban designers are adept at reading the built environment and are passionate about elevating the quality of its design. Our understanding of building typologies, development patterns, and building construction techniques are rooted in best practices, principles of good urban design, and current market and regulatory conditions. This insight enables us to study sites with care. We study and develop concepts for prototypical developments and improvements—from multifamily residential to mixed-use and accessory dwelling units (ADUs)—to help inform good policy. We have conducted site capacity/feasibility studies to ground-truth market assumptions and confirm the applicability of new codes and standards that will incentivize the production of housing. By exploring in 3D the variations in scale and massing of building typologies, capacity of housing units, and effects on adjacent uses and the public realm, for example, we can identify physical site constraints and regulatory barriers that can hinder desired new construction. Our studies, though robust, can be simplified for public use and shared in user-friendly graphic formats.

Evaluating and Amending Zoning Codes and Design and Development Standards Dudek has assisted cities in creating new and updating existing zoning codes to respond to changing development and construction trends and typologies, while also incorporating mandates that flow down from state and federal legislation. Our team is adept at zoning and regulatory research, assessments, revisions, and preparing new language resulting in comprehensive zoning code updates, zoning overlays, and minor zone text amendments. Our approach to zoning builds in flexibility where appropriate and prevents unintended consequences. Beginning with a comprehensive diagnostic analysis of existing code regulations, our approach to zoning revisions is straightforward:
▪ Make it simple: The zoning code should easily be understood by all (from novice property owners to design professionals).
▪ Do not duplicate: The code should not repeat—or worse—conflict with standards elsewhere in the municipal code.
▪ Verify its objective: Development standards must be unambiguous in intentions. ▪ Act in good faith: Zoning code revisions that are triggered by revisions in state law should respect both the letter and spirit of the law and not resort to loophole seeking. ▪ Make it endure: Zoning amendments should not be overly prescriptive to allow room for the natural evolution of building types over time.

Preparing Regulatory Documents
Dudek has extensive experience preparing General Plans, Community Plans, Specific Plans, zoning codes, overlay zones, and more. Our approach to land use planning relies on robust public input backed by data to assess and understand land use needs, issues, and opportunities comprehensively. Our team works to understand and enhance areas with the greatest opportunity to increase intensity by assessing existing and planned infrastructure, proximity to key employment centers, and access to community resources, such as transit, bicycle and pedestrian facilities, parks, grocery stores, and other 240
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 32 amenities that are needed in day-to-day life. Where key challenges are identified, our team provides key pathways to overcome such challenges, such as identified needed public infrastructure to support changes in land use and intensity. We communicate the results of the planning process through regulatory documents that are user-friendly and implementable, keeping in mind that community aspirations can be realized only when enabled by sound policy and regulations.

Public Communication
Dudek understands that the success of a project requires careful coordination and open communication with a variety of interested parties, including agencies, departments, decision makers, elected officials, staff, stakeholders, and the community. Our team has extensive experience facilitating and leading public presentations, meetings, and hearings with decision-making bodies, such as city councils, planning commissions, committees, and boards. With demonstrated expertise in writing, speaking, presentation, and negotiation, we can effectively communicate in public settings, sometimes in a contentious setting, toward a common purpose. We can relay complex technical information in a way that is easy to understand and are able to gain the trust of a wide range of constituents. Many of Dudek’s planners also have prior experience working in the public sector and are familiar with the procedures and efforts needed in preparation of public hearings. Our team can prepare clear and compelling presentation materials tailored to the audience, support in preparing staff reports, and actively engage in public discussions to inform and educate, as well as listen and learn.

SUBCONSULTANT EXPERTISE
Kearns & West
Kearns & West partners with municipal leaders and stakeholders to formulate strategies for citywide community engagement projects. Cities rely on Kearns & West to help establish more effective communication channels, create proactive processes for identifying and resolving issues and concerns, and ensure that public involvement has a place in shaping the future. In addition to work in Costa Mesa, the Kearns & West team is leading engagement for planning, housing, and zoning projects in Santa Ana, Irvine, Newport Beach, Anaheim, Mission Viejo, and Laguna Niguel.

Orange County Principal Jenna Tourjé-Maldonado has a long history and experience in the City. She lived in Westside Costa Mesa for 20 years, and during that time served as Executive Director and board member with the former Mika CDC. Her work in community development helped launch Trellis and other Costa Mesa community groups. Jenna served as co-chair of the Planning Commission representing District 4. Jenna is committed to Costa Mesa–while she was a lecturer for the University of California at Irvine Graduate School of Urban Planning and Public Policy, she had her students focus their practicum projects on planning challenges in Costa Mesa.

Pro Forma Advisors
Pro Forma Advisors LLC is a partnership committed to providing objective, unbiased economic analysis of real estate development projects. They specialize in land use economics consulting for developers, owners, operators, investors, cultural institutions, nonprofits, and government. They apply extensive experience, creative thinking, new business approaches, and data-driven analysis to their projects. Pro Forma Advisors are highly experienced in working within multidisciplinary project teams, alongside 241
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 33 allied professional service firms in the areas of design, planning, architecture/engineering, and operations. Pro Forma Advisors offers market analysis, concept/business model development, financial feasibility, economic and fiscal impacts, valuations, and economic development strategies.

Proposed Team Members
The Dudek team specifically chosen for this contract has the availability and capacity to provide services on upcoming City projects. We are a one-stop shop and have a wide range of planning professionals with different specialties, including environmental, architectural historians, biologists, hydrologists, acousticians, transportation planners, and geographic information system (GIS) specialists.

Figure 4 in the Key Personnel Section outlines Dudek’s proposed team organization. Resumes for proposed key personnel are provided in Appendix A for the City’s review.

Project Management

CATHERINE TANG SAEZ, AICP
This project will be managed by Dudek’s Catherine Tang Saez, AICP , who is committed and empowered to provide responsive, efficient, and high-quality services to the City. Catherine will be the main point of contact responsible for managing the contract and assigning the most appropriate staff for each task, in addition to leading the planning technical work. Catherine believes that successful technical practitioners make successful project managers given their nuanced understanding of the work required of projects. She has 16 years’ experience coordinating multidisciplinary teams. She will be supported by Gaurav Srivastava, AICP , the Dudek Urban Design director, as principal in charge.

Effective project management is the crucial ingredient of Dudek’s success, and more importantly, that of the clients and communities we serve. The best idea, the most innovative approach, and every thoughtful policy we craft ultimately relies on our ability to complete and deliver our contracted scope of work within budget and on time. We hire people who are client-focused, self-driven, and enjoy their work. Our organizational structure is flat and nimble, designed to empower our project managers to be flexible, decisive, and quickly assemble resources to meet client and project needs. 242
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 34 Team Organization and Capacity
The Dudek team has the capacity and necessary resources to ensure that qualified personnel will be made available to the City for the duration of the contract period. Our team is structured to be flexible to client needs, and we quickly execute tasks amid ongoing client commitments.

Our IT capabilities allow us to efficiently collaborate with staff in other offices, and our deep as-needed staffing pool supplements us with trusted professionals at a moment’s notice. We have internal coordination protocols, including weekly meetings, to efficiently reassign or reprioritize staff to address immediate staffing needs. Along with our project manager and task leads, our support staff, accounting professionals, and contract coordinators will remain 100% dedicated to this contract.

Corporate Information
Table 2 details Dudek’s corporate information.

Table 2. Dudek Identification Information
Legal Form of Company California Corporation (100% Employee-Owned) Name of Corporation Dudek
Corporate Office Address 605 Third Street, Encinitas, California 92024 State and Date of Incorporation California; September 1, 1983 Company Officers Joseph Monaco, AICP – President/CEO
Eric Wilson – Executive Vice President
Robert Ohlund, PE – Vice President
Pete Campbell -- Vice President, Federal Services
Danielle Voss – Vice President, Human Resources;
Assistant Secretary
Helder Guimarães – Chief Financial Officer/Treasurer
Michael McGrattan – Chief Information Officer
Amy Paul – General Counsel; Secretary
Local Office Address
and Information
2721 Las Ramblas, Suite 340, Mission Viejo, California 92691 Our Mission Viejo office open its doors for business on July 1, 1996.

The team presented in
this proposal will be
100% dedicated to this
contract and up to
100% available.
243
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 35 Similar Current and Previous Contracts
Dudek

FULLERTON HOUSING INCENTIVE OVERLAY ZONE
Client: City of Fullerton
Reference: Sunayana Thomas Community & Economic Development Director, [email protected], 714.738.6837
Period of Performance: 2020–Ongoing
Dudek is currently developing a Housing Incentive Overlay Zone (HIOZ) for select parcels with underlying commercial and industrial zoning designations in the City of Fullerton. The HIOZ is a program identified in the city’s Housing Element update and is meant to incentivize the development of more housing, especially affordable housing, by expanding its allowability and reducing regulatory burdens. Dudek and Pro Forma Advisors are testing the physical and financial feasibility of housing on these parcels and is updating the city’s existing multifamily and mixed-use development standards for both citywide and HIOZ use.

The overlay zone will rely on a hybridized approach to development standards by incorporating the easy-to-understand format of Euclidian zoning and layering in the design aspirations of a form-based code. Integral to this project is a capacity-building effort that aims to educate and inform a group of Fullerton stakeholders, the “Housing Champions,” of the economic and regulatory landscape of housing policy. In addition, Dudek is preparing the EIR and supporting technical studies for the overlay zone

RANCHO PALOS VERDES HOUSING ELEMENT IMPLEMENTATION PROGRAMS AND

CEQA ANALYSIS
Client: City of Rancho Palos Verdes
Reference: Brandy Forbes, Community Development Director, [email protected], 310.544.5227 Period of Performance: 2021–Ongoing
Dudek is currently assisting the City of Rancho Palos Verdes in implementing multiple programs from its 2021–2029 Housing Element Update, including a Mixed-Use Overlay District, a Residential Overlay District, accessory dwelling unit ordinance update, and other rezones. In particular, the overlay districts will enable the city to accommodate its RHNA requirement along the city’s two primary commercial corridors. Dudek is testing the physical feasibility of a variety of mixed-use building typologies while considering unique sightline and topographical constraints specific to the peninsula. Recognizing that housing is usually a contentious topic in community discussions, the project takes an educational approach to outreach by focusing messaging around the social, economic, and environmental benefits of mixed use and soliciting feedback on the various types of mixed-use amenities the public aspires to as appropriate for the community. In addition, Dudek is preparing the EIR and supporting technical studies for the overlay zone. 244
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 36

PICO RIVERA COMPREHENSIVE ZONING CODE UPDATE
Client: City of Pico Rivera
Reference: Estefany Franco, Planner, [email protected], 562.801.4026 Period of Performance: 2023–Ongoing
Dudek is currently conducting a Comprehensive Zoning Code Update (CZCU) for the City of Pico Rivera. The city’s current zoning code has not been comprehensively updated since
1993. Although it has been amended over the years, the
resulting zoning code has gradually become outdated, and the CZCU will ensure that the zoning code effectively implements the policies of the General Plan while also addressing recent state law to facilitate housing, set clear expectations for the design of new development (known as Objective Design
Standards), and streamline the review and approvals
processes. The CZCU will modernize the city’s approach to development regulations to reflect current development best practices and provide an illustrated and user-friendly set of regulations. Dudek is providing design, planning, and community engagement services to facilitate the completion of the CZCU.

NEWPORT BEACH GENERAL PLAN UPDATE
Client: City of Newport Beach
Reference: Benjamin Zdeba, AICP , Principal Planner, [email protected], 949.644.3253 Period of Performance: 2023–Ongoing
Dudek is preparing a comprehensive update to the City of Newport Beach’s General Plan, including robust outreach, branding, extensive technical analysis, and updates to the General Plan elements, with a focus on safety, community resources, sustainability, and climate resilience. The effort focuses on developing an implementable General Plan that the city’s departments and the community will take on as their own. In partnership with Kearns & West, we are emphasizing communication and consensus building and are actively involving and considering all input from the community and interested parties to develop a collective vision for the city over the next 20 to 30 years. Our expert planners, urban designers, and community engagement specialists are approaching this project with a sustainability-focused lens to result in a plan that meets the community’s needs and the state’s regulatory requirements and blends community-driven and cost-effective ideas into policy recommendations and implementable actions.

Dudek is also preparing the supporting CEQA documentation in the form of a Supplemental EIR.

245
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 37

EL CAJON HOUSING AND MIXED -USE STRATEGIES
Client: City of El Cajon
Reference: Michael Viglione, Senior Planner, [email protected], 619.441.1773 Period of Performance: 2021–2023
Dudek updated the City of El Cajon’s regulations
and procedures for the provision of residential
and mixed-uses. Dudek undertook a multifaceted
approach that included an in-depth analysis of and
update to existing regulations pertaining to
residential and mixed-use development and
accessory dwelling unit development, as well as
internal permit processing procedures. The project
resulted in updated objective residential
development and design ordinances paired with
easy-to-understand graphics; updated permit
processes to increase understanding of
regulations and ease of permit review; an updated accessory dwelling unit ordinance; an interactive ESRI StoryMap for the availability of developable sites; and guides and marketing materials to assist staff as well as developers in understanding updated regulations and procedures.

BURBANK SPECIFIC PLAN PEER REVIEW AND UPDATES
Client: City of Burbank
Reference: Amanda Landry, Principal Planner, [email protected], 818.238.5250 Period of Performance: 2024–Ongoing
Dudek is currently supporting the City of Burbank
to truth-test and refine two concurrent Specific
Plans: the Media District Specific Plan and the
Golden State Specific Plan. The districts are
distinct from one another, requiring different, but
tailored approaches to design and development
standards; the Media District is a dense business
district that encompasses the global epicenter of
media production offices and various studio lots,
while the Golden State District is home to
Burbank Airport and the future High-Speed Rail Station, making it especially prime for TOD. The city contracted Dudek to perform a peer review of the plans, inclusive of a thorough diagnostic analysis of both document structure and regulatory content. The analysis included rigorous site feasibility testing of development standards to ensure the plans’ real-world effectiveness and identified recommendations to better align the two plans with best practices and with one another to facilitate the effective, efficient, and transparent use of the standards by developers and city staff alike. 246
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 38

ADDENDUM TO THE LOS ANGELES COUNTY HOUSING ELEMENT PROGRAM EIR FOR THE

GATEWAY PLANNING AREA REZONING
Client: County of Los Angeles
Reference: Connie Chung, AICP , Deputy Director, Advance Planning Division, [email protected], 213.893.7038
Period of Performance: 2020–2024
Dudek prepared the Gateway Planning Area Rezoning Program Addendum to the Los Angeles County Housing Element Update Program EIR. Dudek worked closely with the Department of Regional Planning to determine the appropriate CEQA document for the project. The Gateway Planning Area Rezoning Program included upzoning certain parcels to accommodate more housing options, rezoning certain parcels to ensure consistency across the General Plan Land Use Map and the Zoning Code, and an Alternate Parcel Component, which allowed for flexibility in the rezoning program. The Rezoning Program implements the Revised Housing Element Program 17: Adequate Sites for RHNA, which addresses the rezoning effort that would be undertaken to meet the RHNA shortfall. Dudek prepared an analysis of the Rezoning Program, including the realistic potential buildout or 2,238 dwelling units, as well as the potential rezoning of any of the alternate parcels.

CITY OF MANHATTAN BEACH HOUSING ELEMENT UPDATE AND INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION
Client: City of Manhattan Beach
Reference: Talyn Mirzakhanian, City Manager, [email protected], 310.802.5000 Period of Performance: 2021–2023
Dudek prepared the 6th Cycle Housing Element for the City of Manhattan Beach and ensured final certification from HCD. Our team evaluated the outcomes of the prior Housing Element’s programs and objectives and analyzed current governmental and market constraints to develop goals, policies, and programs for the Housing Element update, emphasizing targeted municipal code amendments and the creation of a new mixed-use overlay to promote new residential and mixed-use development opportunities in the City. Dudek also prepared the initial study/mitigated negative declaration for the update to the Housing Element, which analyzed potential impacts to address issues such as traffic, air quality, greenhouse gas emissions, noise, land use compatibility, and fire hazards. The Housing Element was officially certified by HCD in 2023.

247
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 39

CITY OF CONCORD HOUSING ELEMENT UPDATE
Client: City of Concord
Reference: Mindy Gentry, Planning Manager, [email protected], 925.671.2489 Period of Performance: 2021–2023
Dudek prepared the 6th Cycle Housing Element including an assessment of all parcels in the city to identify sites with housing capacity for the Sites Inventory Analysis, the Affirmatively Furthering Fair Housing Analysis, and an assessment of the city’s current development regulations. Our team also led a robust outreach and engagement strategy coordinating with various Community Based Organizations, holding city council and planning commission study sessions, and community workshops. The Housing Element was certified in 2023 and resulted in a bold housing strategy to facilitate housing production and to address the need for robust tenant protections and anti-displacement strategies.

CITY OF INDIO HOUSING ELEMENT UPDATE AND PRO -HOUSING POLICIES Client: City of Indio
Reference: Kevin Snyder, Development Services Director, Chandler, Arizona (former Community Development Director, City of Indio), [email protected], 480.782.3410 Period of Performance: 2020–2022
Dudek prepared the 6th Cycle Housing Element for the City of Indio, which was the first housing element to be certified in the Coachella Valley. Dudek evaluated “pro-housing” policies focused on financial issues, including direct financial incentives, alternative or enhanced housing delivery organizational strategies, city and regional fee strategies, potential local or regional housing trust fund options and gap financing alternatives for workforce, and affordable housing to facilitate the planning, approval, and construction of housing. In partnership with London Moeder Advisors, Dudek defined issues, pinpointed constraints, and provided recommendations that accompanied a toolkit of strategies to bridge the funding gap. Dudek also prepared an addendum to the City’s General Plan EIR for this project.

248
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 40 Kearns & West
CITY OF NEWPORT BEACH “LISTEN & LEARN” CIRCULATION AND HOUSING ELEMENT UPDATE AND GENERAL PLAN UPDATE – OUTREACH AND COMMUNITY ENGAGEMENT Client: City of Newport Beach
Reference: Seimone Jurjis, Assistant City Manager , Community Development Department, [email protected], 949.644.3231
Period of Performance: 2019–Ongoing
Kearns & West is leading the community outreach and engagement effort (“Listen and Learn”) for the City of Newport Beach’s Circulation and Housing Element Updates and now comprehensive General Plan Update in partnership with Dudek. In this highly engaged community, transparent and thoughtful engagement has helped build consensus. Kearns & West created branding reflecting Newport Beach’s coastal character and culture, developed an interactive website, prepared materials about the existing General Plan, and hosted both a daylong community festival and community meetings in the City Councilmembers’ districts. Kearns & West implemented a robust virtual engagement, including continued online engagement and multiple workshop series. In 2023, Newport Beach launched its General Plan Update. Kearns & West is continuing to work closely with city staff, consultants, and the General Plan Advisory Committee to develop and conduct a comprehensive engagement and outreach process to inform the community about the General Plan Update and solicit community input, vision, and feedback.

SANTA ANA ZONING CODE AND FOCUS AREA PUBLIC REALM PLANS - OUTREACH AND

COMMUNITY ENGAGEMENT
Client: City of Santa Ana
Reference: Siri A. Champion, Senior Planner, Planning Division, [email protected], 714.667.2751 Period of Performance: 2023–Ongoing
Kearns & West developed a Public Involvement Plan to provide a framework for stakeholder and community involvement in the City of Santa Ana’s Zoning Code Update. The plan included an overview of planned outreach, engagement methods (e.g., surveys, community workshops), and other outreach strategies. The plan included detailed information for each activity, a schedule, target group, purpose, and public participation goal. The Plan also incorporated goals for participation, stakeholder analysis, programs and activities, roles and responsibilities, community-specific engagement strategies, and a schedule. Kearns & West support has included hosting six community workshops at various locations across various council districts during the first phase of public engagement for the Zoning Code Update. The purpose of the workshops was to provide informative, interactive, and accessible engagement as part of the Zoning Code Update. Phase two of public engagement is currently being planned with additional workshops and interviews. 249
Qualifications and Experience of the Firm
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 41 Pro Forma

CORONA DEL MAR IMPLEMENTATION OVERLAY ZONE
Client: City of Newport Beach
Reference: Liz Westmoreland, AICP , Principal Planner, 949.644.3234, [email protected]
Period of Performance: 2024–Ongoing
Teaming with Dudek, Pro Forma Advisors is assisting with the preparation of the Corona Del Mar Implementation Overlay Zone.

Work has included evaluating case studies on comparable corridors to better understand the potential development in the project area.

Specifically, the research focused on existing benchmark corridors in beach community in Orange County and the larger Southern California region. Pro Forma Advisors is also tasked to evaluate mixed- use development prototypes appropriate for the commercial corridor.

The analysis will test desired mixed-use housing typologies and analyze the underlying economics that will impact their development.

Unique Qualifications, Experience, and Abilities
Dudek experts are committed to applying the latest, most reliable, and most inventive approaches to solving complex planning problems. Our practitioners seek out multiple forums and avenues to stay abreast of the latest approaches and techniques. Our staff regularly moderate and participate on panels at state and national planning conferences, which address a variety of cutting-edge issues. We are serious about our professional responsibility to learn from our peers and, in turn, share lessons from our own experience.

Several of our Dudek staff serve as lecturers and instructors at universities. Project Manager Catherine Tang Saez teaches planning and design at the University of Southern California Sol Price School of Public Policy. Principal Gaurav Srivastava is a lecturer at University of California, Los Angeles, and has taught the second-year graduate urban design studio on transit-oriented design for the last 8 years at the UCLA Luskin School of Public Affairs. In addition, members of the Dudek air quality team teach at the University of California, Davis extension program.

250

251

City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 42 5 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.

252

253

City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 43 6 Key Personnel
Dudek verifies that is has adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. We agree to assign the following specific individuals to the key positions.

Figure 4. Dudek Team Organization

254
Key Personnel
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 44 Key Personnel

PROJECT MANAGER
Catherine Tang Saez, AICP | [email protected]
Catherine Tang Saez is an urban design principal and certified planner with 16 years’ experience in urban design, urban planning, and architecture. Catherine utilizes good design to inform good policy in support of vibrant, sustainable, and healthy communities. Her diverse expertise ranges across plans big and small, including site planning feasibility studies, vision plans, transit-oriented development (TOD) plans, streetscape plans, complete streets plans, specific plans, and community/area plans. She is adept at updating zoning codes, drafting objective development standards and design guidelines, and conducting community outreach and engagement.

Select Relevant Transactions
▪ Housing Incentive Overlay Zone, City of Fullerton
▪ Housing Element Implementation Programs, City of Rancho Palos Verdes
▪ Comprehensive Zoning Code Update, City of Pico Rivera

PRINCIPAL IN CHARGE
Gaurav Srivastava, AICP | [email protected]
Gaurav Srivastava is an urban designer with 22 years’ experience.

Gaurav leads the Dudek urban design practice and has authored plans that range from grassroots neighborhood visions to comprehensive downtown redevelopments. His award-winning work for both private- and public-sector clients is driven by twin passions: to reduce the footprint of human habitation via compact redevelopment of city centers, and to always reinforce the importance of the pedestrian experience as the defining experience of cities. Mr . Srivastava is adept at facilitating workshops and shaping discussions before a variety of audiences. He is an accomplished project manager and experienced at directing complex, multidisciplinary teams.

Select Relevant Transactions
▪ Housing Incentive Overlay Zone, City of Fullerton
▪ Housing Element Implementation Programs, City of Rancho Palos Verdes
▪ Media District Specific Plan, City of Burbank
Education
Harvard University
MAUD, Urban Design
University of Southern
California
BArch, Architecture
Certifications
AICP

Education
Massachusetts Institute
of Technology
MCP, City Planning
School of Planning and
Architecture, Delhi
BArch, Architecture
Certifications
AICP
255
Key Personnel
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 45

COMMUNITY OUTREACH AND ENGAGEMENT LEAD
Jenna Tourjé-Maldonado, AICP (Kearns & West) | [email protected] Jenna Tourjé-Maldonado is a Vice President at Kearns & West with 17 years’ experience in stakeholder facilitation, public involvement, and planning. She develops collaborative community outreach and engagement campaigns that include multipronged techniques and that scale engagement to engage even the hardest-to-reach community members. She is passionate about partnering with communities on the path to creating healthy, whole, and equitable places where people love where they live and have a voice and a stake in the future.

Select Relevant Transactions
▪ Listen & Learn, Housing Element and Comprehensive General Plan Update, City of Newport Beach
▪ Zoning Code and Focus Area Public Realm Plans,
City of Santa Ana
▪ General Plan Update, City of Irvine

MARKET ANALYSIS LEAD
Lance Harris (Pro Forma Advisors) | [email protected] Lance Harris is a Partner at Pro Forma Advisors with 19 years’ experience providing provides clients with market demand and feasibility studies, mixed-use programming recommendations, financial analysis, economic and fiscal impact assessments, and economic development strategies. Integral to Mr. Harris’s work is the premium placed on developing analysis techniques to gather data at the micro level for market analysis. Using a combination of public data sources, private secondary data sources, first-person interviews, GIS data, and on-the-ground site inspection, he can construct various models of analysis to effectively determine a development’s market area, capture rate, and absorption, which determine overall demand and feasibly.

Select Relevant Transactions
▪ Housing Incentive Overlay Zone, City of Fullerton
▪ Implementation Overlay Zone, Corona Del Mar
▪ General Plan Update, City of Newport Beach

Education
University of California,
Irvine
MURP, Urban and
Regional Planning BA,
International
Development
Certifications
AICP

Education
Trinity College
BA, Political Science
University of Southern
California
MA, Urban Planning
256
Key Personnel
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 46

REZONING LEAD
Asha Bleier, AICP | [email protected]
Asha Bleier is a principal planner with 19 years’ experience managing complex planning and development projects throughout California.

Asha leads Dudek’s Planning and Urban Design practice. Her multidisciplinary expertise includes a full range of planning efforts such as regional and general plans, community plans, corridor/transit- oriented development, resilience planning, and design guidelines.

Asha’s background in design, development, and sustainability allows her to make sound policy recommendations relative to the interaction between users and their built environments. She is skilled at managing large, multidisciplinary teams; developing creative strategies for complex projects; and facilitating meaningful stakeholder and public dialogue.

Select Relevant Transactions
▪ General Plan Update, Newport Beach
▪ General Plan Update, City of Lomita
▪ Addendum to the Los Angeles County Housing Element Program EIR for the Gateway Planning Area Rezoning

ZONING CODE UPDATE LEAD
Janet Rodriguez | [email protected]
Janet Rodriguez is an urban planner with 6 years’ professional experience in land use planning, current planning and zoning, and community outreach. She has experience conducting housing development land feasibility and constraints analyses, updating general plan and community plans, updating zoning ordinances, and analyzing policies’ effect on the built environment.

Select Relevant Transactions
▪ Housing Element Update and Prohousing Plan, City of Indio ▪ General Plan Update, City of Newport Beach
▪ Urban Design and Housing Strategies, City of El Cajon

Education
University of California,
Santa Barbara
BA, Environmental
Studies (Geography/
Urban Planning
emphasis)
Certifications
AICP

Education
University of Southern
California
MA, Urban Planning/
Design and Graduate
Certificate in Real
Estate Development
University of California,
Los Angeles
BA, Geography/
Environmental Studies
257
Key Personnel
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 47

HOUSING ELEMENT UPDATE LEAD
Elizabeth Dickson, AICP | [email protected]
Elizabeth Dickson is a planner with 9 years’ experience in housing policy development, zoning codes, and the analysis and creation of tools that incentivize development. Her experience includes General Plan updates and amendments, housing element updates, community plan updates, community planning, housing incentive program development, and zoning code updates. She is experienced in working collaboratively with local community groups, navigating California State legislation, and developing implementation-focused policies and ordinances that promote development
Select Relevant Transactions
▪ Housing Element Update and Prohousing Plan, City of Indio ▪ Housing Element Update, City of Concord
▪ Urban Design and Housing Strategies, City of El Cajon

ENVIRONMENTAL SCOPING LEAD
Nicole Cobleigh | [email protected]
Nicole Cobleigh is a senior project manager with 2 6 years’ experience in environmental planning and land use development in Southern California. She manages all phases of the project planning and environmental review process, including budget allocations and monitoring, project team and subconsultant oversight, scheduling, presentations at hearings, and public outreach.

Select Relevant Transactions
▪ Sand Canyon Resort Project EIR, City of Santa Clarita ▪ 7811 Santa Monica Boulevard EIR, City of West Hollywood ▪ 417 N. Madison Avenue Project, City of Pasadena

Education
San Diego State
University
MA, City Planning
University of
Montevallo
BA, Business
Administration
Certifications
AICP

Education
California Polytechnic
State University,
San Luis Obispo
MCRP, City and
Regional Planning
University of California,
Los Angeles
BA, Geography/
Environmental Studies
258

259
Cost Proposal
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 48 7 Cost Proposal
Dudek's cost proposal is submitted as a separate file.

260

261

City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 49 8 Disclosure
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 ▪ City of Costa Mesa Climate Action and Adaptation Plan Dudek does not believe our current contracts will impact the outcome of the selection process or our performance on this project.

262

263

City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 50 9 Sample Professional Service Agreement
Dudek proposes the following modifications to the City’s Sample Professional Service Agreement:
▪ 1.3. Performance to Satisfaction of City: Revise “complete satisfaction of the City” to “reasonable satisfaction of the City.”
▪ 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." 264

265
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 51 10 Forms

266
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 52 267
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 53 268
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 54 269
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 55 270
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 57 271
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 58

272
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 59 273
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 60 274
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 61 275
Forms
City of Costa Mesa Housing Element Rezoning Program and Environmental Impact Report 62

276

277

1 Catherine Tang Saez, AICP
PROJECT MANAGER | [email protected]
Catherine Tang Saez (KATH-er-in TAYNG SIGH-ez; she/her) is an urban design principal and certified planner with 16 years’ experience in urban design, urban planning, and architecture.

Catherine works at the intersection of design and policy to create vibrant, sustainable, and healthy communities. Her expertise ranges across plans big and small, including site planning feasibility studies, vision plans, transit-oriented development plans, streetscape plans, complete streets plans, Specific Plans, and community/area plans.

She is adept at updating zoning codes, drafting objective development standards and design guidelines, and conducting community outreach and engagement. Additionally, Catherine teaches planning and design at the University of Southern California Sol Price School of Public Policy.

Select Project Experience
Comprehensive Zoning Code Update, Pico Rivera, California. Serving as urban designer/planner to conduct a comprehensive update to the City’s existing zoning code. The Comprehensive Zoning Code Update will ensure that the zoning code effectively implements the policies of the General Plan while also addressing recently approved state law to facilitate housing, set clear expectations for the design of new development (known as Objective Design Standards), and streamline the review and approvals process. The Comprehensive Zoning Code Update will modernize the City’s approach to development regulation to reflect current development uses and best practices and provide an illustrated and user-friendly set of regulations. (2023–Present)
Housing Element Implementation Programs, City of Rancho Palos Verdes, California. Serving as urban designer/planner to assist the City in implementing multiple programs from its 2021–2029 Housing Element Update, including a Mixed-Use Overlay District, a Residential Overlay District, accessory dwelling unit ordinance update, and other rezones. The effort includes site feasibility testing given the unique sightline and topographical constraints specific to the peninsula, preparation of new objective standards consistent with state law, and outreach and engagement centered around community education. (2022–Present)
Housing Incentive Overlay Zone, City of Fullerton, California. Serving as urban designer/planner to develop a housing incentive overlay zone plan for selected nonresidential parcels citywide. The effort includes evaluation of the feasibility of residential development on these parcels and establishes the development standards along with market-tested inclusionary goals. (2020 Present)

Education
Harvard University
MAUD, Urban Design,
2012
University of Southern
California
BArch, Architecture,
2009
Certifications
American Institute of
Certified Planners
(AICP)
Professional
Affiliations
American Planning
Association (APA)
278

2 Rancho Specific Plan, City of Burbank, California. Serving as urban designer/planner to prepare a Specific Plan for Burbank’s Rancho Neighborhood, a rare remnant of urban equestrianism located along the banks of the Los Angeles River adjacent to Griffith Park (one of the largest municipal parks in the country) and the Burbank Media District (one of the highest concentrations of entertainment companies in the world). The effort will address the neighborhood’s desire for preservation and protection amidst local and state pressures in housing and sustainability. (2024–Present) Specific Plan Peer Review and Updates, City of Burbank, California. Serving as urban designer/planner to peer review, truth-test, and refine two ongoing Specific Plan updates in the City:
the Media District Specific Plan for the 544-acre global epicenter of media production and studio uses, and the Golden State Specific Plan for the 630-acre district encompassing Burbank Airport and the future High-Speed Rail Station. The effort includes a diagnostic analysis of the current plans, site feasibility testing, and rewriting of objective design and development standards. (2024–Present) Corona del Mar Implementation Overlay Zone, City of Newport Beach, California. Serving as urban designer/planner to prepare an implementation overlay zone for Pacific Coast Highway in Corona del Mar to enhance the vibrancy of the 1-mile commercial corridor as the City’s “main street.” The effort includes analysis, site feasibility testing, preparation of objective design and development standards, and outreach and engagement. (2024–Present)
Firearm and Ammunitions Retailer Regulations, City of Burbank, California. Served as urban designer/planner to prepare new regulations for firearm and ammunition retail uses citywide.

Following community concerns over the proximity of a new gun store to a local school, Dudek worked closely with City staff to draft new business licensing requirements; objective design standards for storage, barriers, and lighting; and buffer/separation distance requirements from sensitive uses such as schools, parks, libraries, and residential uses. The effort required in-depth research of state and federal law to ensure compliance, collaboration with the Giffords Law Center, coordination with the police department, and extensive outreach and engagement with the community and interested parties, including existing firearm and ammunition businesses in the City. (2023–2024)
Mira Mesa Community Plan Update, City of San Diego, California. Served as urban designer/planner to update the Mira Mesa Community Plan, a transit-priority effort. Mira Mesa— with 10,500 acres; 80,000 residents; and 80,000 jobs—is the largest and most populous of San Diego’s 50 community plan areas. This effort included corridor planning and conceptual urban design studies for four focus areas within the community. The studies tested and illustrated new approaches to land use, development standards, and mobility improvements to revitalize the focus areas and retrofit suburban shopping malls with transit-supportive uses and development typologies. (2019–2022)
Residential Development Standards, City of El Cajon, California. Served as urban designer/planner to update the City’s regulations and procedures for the provision of residential uses. The effort included an in-depth analysis of the City’s existing regulatory framework, physical feasibility studies for hypothetical development typologies, and an update to the City’s development and design standards to be consistent with state requirements for objectivity. (2022–2022) 279

1 Gaurav Srivastava, AICP
PRINCIPAL IN CHARGE | [email protected]
Gaurav Srivastava (GORE-uv shree-VAAS-thuv; he/him) is an urban designer with 22 years’ experience. Gaurav leads Dudek’s urban design practice and has authored plans that range from grassroots neighborhood visions to comprehensive downtown redevelopments.

His award-winning work, for both private and public-sector clients, is driven by twin passions: to reduce the footprint of human habitation via compact redevelopment of city centers, and to always reinforce the importance of the pedestrian experience as the defining experience of cities. Gaurav is adept at faciliating workshops and shaping discussions before a variety of audiences. He is an accomplished project manager and experienced at directing complex, multidisciplinary teams. In addition, Gaurav serves as a lecturer and teaches urban design at the University of California, Los Angeles’ Luskin School of Public Affairs.

Select Project Experience
Housing Incentive Overlay Zone, City of Fullerton, California. Project manager for a citywide effort to analyze and test the feasibility of new multi-family residential developments on Fullerton parcels currently zoned for non-residential uses. The Housing Incentive Overlay Zone Plan is funded via California Senate Bill 2 grant funds and aims to facilitate and incentivize the production of housing within the city.

Integral to the planning effort is a capacity-building exercise that aims to educate and inform a group of Fullerton stakeholders, the “Housing Champions,” of the economic and regulatory landscape of housing policy.

Old Town Newhall Specific Plan, City of Santa Clarita, California.

Project Manager for Specific Plan update for Newhall, the historic core of the City. The targeted Plan update aims to test new development types, simplify the existing form-based code, and extend the usability and legibility of the Plan.

Citywide Complete Streets Plan, City of Burbank, California. Project manager for Citywide Complete Streets Plan called the Complete Our Streets Plan (www.CompleteOurStreets.com). With a strong focus on urban design and the city’s built form, the plan analyzes the entire city street network and proposes improvements through prioritized projects to address the needs of street users of all modes, ages, and abilities, including pedestrians, bicyclists, individuals with disabilities, transit users, and automobile users.

Education
Massachusetts
Institute of Technology
MCP, City Planning
School of Planning and
Architecture, Delhi
BArch, Architecture
Certifications
American Institute of
Certified Planners
(AICP)
Professional
Affiliations
American Planning
Association
ULI Rose Center for
Public Leadership,
Faculty Advisor
280

2 Mixed-Use Overlay Zone District, City of Rancho Palos Verdes, California. Project manager for a citywide effort to establish a mixed-use overlay on non-residential parcels to expand the city’s multi- family and missing middle housing supply. Efforts tests the feasibility of new developments and establishes user-friendly development standards. The plan is is funded via California Senate Bill 2 grant funds. (2021 – present)
Mira Mesa Community Plan Update, San Diego, California. Urban Design lead for a City of San Diego transit-priority plan effort as part of the Mira Mesa Community Plan Update. Mira Mesa, at 10,500 acres and 80,000 residents, is the largest and most populous of San Diego’s 50 community plan areas. This effort includes corridor planning and conceptual urban design studies for four focus areas within the community. The studies test and illustrate new approaches to land use, development standards, and mobility improvements to revitalize the focus areas and retrofit suburban shopping malls with transit-supportive uses and development typologies.

South Colton Livable Corridors Plan, Colton, California. Project Manager for urban design, land use planning, market analysis, and community outreach services in support of the South Colton, a long- standing Latino working-class neighborhood in Colton, California. Residents with few resources have used their imagination and resourcefulness to alter landscapes in ways that are intimate in scale and personal in nature. The Plan aims to strengthen these grassroots tactical urbanist approaches and create guidelines and policies that will provide a regulatory framework for formalizing a DIY approach to neighborhood amenities and improvements.

Randall Preserve, Orange County, California. Leading the Public Access Plan component of a comprehensive master plan for a 400-acre site that previously operated as an oilfield. Located adjacent to Costa Mesa (with primary access off the City’s 17th Street corridor), proposed Randall Preserve is one of the last pieces of remaining open space in coastal Southern California. Formerly known as Newport Banning Ranch, this former oil field retains significant natural resources. It is also the homeland of several Tribal Nations that will have input and a major role in the long-term management of the property. Led by the Coastal Corridor Alliance (Formerly Banning Ranch Conservancy), and the Mountain Recreation and Conservation Authority, the land will be restored to support a balanced ecosystem with opportunities for public access and education.

Skid Row and Central City East Vision Plan, City of Los Angeles, California. Central City East lies in the heart of downtown Los Angeles, adjacent to and overlapping Skid Row, the nation’s largest cluster of homelessness. The plan addresses a growing concern, “how does a downtown industrial district address the dramatic changes that are occurring at its doorstep, while also being subject to long-standing policies that make it the primary location of homeless services for the entire region?” Sunset Strip Specific Plan Update, West Hollywood, California. Led the effort to update the existing Specific Plan with new standards and guidelines for off-site signs on the Sunset Strip (i.e., billboards, tall walls, and digital signs). The Strip is arguably the most iconic urban boulevard on the west coast, if not the entire United States. Situated entirely within the City of West Hollywood, it is the epitome of a bright- lights, big-signs corridor. The Strip has a long-established tradition of innovative signage, while simultaneously also creating value for property owners. 281
JENNA TOURJ É-MALDONADO, AICP

COMMUNITY OUTREACH AND ENGAGEMENT LEAD

SUMMARY OF QUALIFICATIONS

Jenna Tourjé-Maldonado is a Principal at Kearns & West with over 17 years of experience in community outreach, stakeholder facilitation, and planning. Jenna designs collaborative projects that include multi-pronged techniques and scale engagement to engage even the hardest-to-reach community members. She is passionate about partnering with communities on the path to creating healthy, whole, and equitable places, where people love where they live and have a voice and a stake in the future.

Through her experience as an outreach professional, urban planner, and educator, Jenna’s unique expertise informs each one of her projects.

Throughout her career, she has led community engagement for general plans throughout California and is currently conducting outreach for several general plan updates and housing elements.

In the past year, Jenna has led outreach for general plans, specific plans, housing elements, and open space plans in diverse communities in California, incorporating beautiful design, branding, and communication to communicate what zoning and planning changes look like in communities. She is developing a Community Planning Collaborative (Planning 101) for the City of Santa Ana in partnership with community-based organizations to implement the zoning code update. Jenna’s previous work in Boston led to the creation of Boston’s first Eco District in the Talbot Norfolk Triangle (TNT).

Jenna is certified by the International Association of Public Participation (IAP2). She has served as Planning Commissioner for the City of Costa Mesa and co-instructed the Graduate Planning Practicum for the Master of Urban Planning and Public Policy department at UC Irvine from 2014 to 2020.

EXAMPLES OF RECENT EXPERIENCE
City of Newport Beach — Multiple Projects; Housing, Circulation, and Land Use Elements, Listen & Learn, and General Plan Update

City of Irvine — General Plan Update

City of Burbank — Citywide Complete Streets Plan

City of Oxnard — Sustainable Transportation Plan

City of Santa Clarita — Old Town Newhall Specific Plan Update

Orange County, CA

[email protected]

760-296-9355

EXPERTISE

▪ Public Involvement
▪ Stakeholder Facilitation
▪ Urban and Environmental
Planning

EDUCATION &

CERTIFICATIONS

MURP, Urban and Regional
Planning
University of California, Irvine,
2011

BA, International Development
University of California, Irvine,
2007

AICP
American Planning Association

Certificate, Public Participation
International Association of
Public Participation (IAP2)

MEMBERSHIPS

American Planning Association,
282

City of Concord — Housing Element Update

City of Mission Viejo — Oso Creek Golf Course and Open Space Vision Plan

LA County Parks & Recreation — Earvin "Magic" Johnson Recreation Master Plan and Equestrian Center

City of Long Beach — Successor Agency North Atlantic Boulevard Plan

20+ General and Community Plans for Southern California Counties and Cities

283

Lance Harris, Market Analysis Lead
[email protected]

With nearly 20 years of experience in land
use economics, Mr. Harris provides clients
with market demand and feasibility studies,
mixed-use programming
recommendations, financial analysis,
economic and fiscal impact assessments,
and economic development strategies.

Integral to Mr. Harris’s work is the premium
placed on developing analysis techniques
to gather data at the micro level for market
analysis. Using a combination of public
data sources, private secondary data
sources, first person interviews, GIS data,
and on-the-ground site inspection, he is
able to construct various models of
analysis to effectively determine a
development’s market area, capture rate,
and absorption, which determine overall
demand and feasibly.

His broad range of experience working with
cities, counties, redevelopment agencies,
land planning/urban design firms, and real
estate development interests allows him to
effectively evaluate projects from both the
private and public perspective.

Market/Financial Analysis
Mr. Harris’ work in market analysis has
included analysis of variety of land uses
including residential, industrial, retail,
office, hotel, recreational, and mixed-use
development. Illustrative projects for
private developers and municipal clients
are included below.
‣ Grantville Redevelopment Area
Community Plan Economics (San Diego,
California)
‣ Transit Village Specific Plan Economics
(El Monte, California)
‣ Fresno High Speed Rail TOD Plan
Economics (Fresno, California)
‣ Economic Futures Analysis of Nodes &
Corridors (los Angeles, California)
‣ The Shoppes Phase II Compass
Blueprint Project (Chino Hills, California)
‣ Feasibility of Alternative TOD Concepts
(Los Angeles, California)
‣ Bob Hope Master Plan Mixed-Use TOD
Analysis (Burbank, California)
‣ TOD Financial Analysis (Santa Monica,
California)
‣ SunCal’s Proposed Waterfront Mixed-
Use Project (Redondo Beach, California)
‣ San Diego Incentive Zoning Economics
(San Diego, California)
‣ Sunroad Enterprises Confidential Market
Analysis (San Diego, California)
‣ The Howard Hughes Development
Corporation Confidential Market Analysis
(Dallas, Texas)
284

Impact Analysis
Mr. Harris’ work in economic impact
analysis has included analysis of variety of
land uses including real estate
development, gaming, themed attractions,
sporting venues, and special events.

Illustrative projects are included below.
‣ NIKE, Inc.’s Corporate Headquarter
Operations (Beaverton, Oregon)
‣ Proposed Los Angeles Football Stadium
at Grand Crossing (City of Industry,
California)
‣ Coachella Music Festival (Indio,
California)
‣ AMGEN Tour of California (Santa Clarita,
California)
Previous Experience
Prior to joining Pro Forma Advisors, Mr.

Harris was an Associate Director of Eco-
nomics at AECOM. He was also a Senior
Associate at Economics Research Associ-
ates (ERA) prior to the company’s acquisi-
tion.

Education
Lance received an M.A. in Urban Planning
from the USC Price School of Public Policy
specializing in real estate and economic
development. He also has a B.A. degree in
Political Science from the Trinity College in
Hartford, Connecticut.

Professional Affiliations
Mr. Harris represents Pro Forma Advisors
in the American Planning Association. Mr.

Harris is the former Chair of the APA’s
Economic Development Division.
285

1 Asha Bleier, AICP
REZONING LEAD | [email protected]
Asha Bleier is a principal planner with 19 years’ experience managing complex planning and development projects throughout California. Asha leads Dudek’s Planning and Urban Design practice.

Her multidisciplinary expertise includes a full range of planning efforts such as regional and general plans, community plans, corridor/transit-oriented development, resilience planning, and design guidelines. Asha’s background in design, development, and sustainability allows her to make sound policy recommendations relative to the interaction between users and their built environments. She is skilled at managing large, multidisciplinary teams; developing creative strategies for complex projects; and facilitating meaningful stakeholder and public dialogue.

Asha currently serves as the professional development AICP Exam coordinator for the California state chapter of the American Planning Association, and is an active member of the Diversity, Equity & Inclusion subcommittee.

Select Project Experience
General Plan Update, City of Newport Beach, California. Serves as the principal in charge for a comprehensive update to the General Plan. Tasks include an extensive community outreach and engagement program; analysis of both quantitative and qualitative data; visioning, goal, and policy development; and management of technical staff, planning staff, and subconsultants. The update has a heightened focus on resilience strategies and includes technical analysis of challenges faced by a coastal community such as sea level rise and coastal erosion.

Urban Design and Housing Strategies, City of El Cajon, California.

Served as the principal in charge for the Urban Design and Housing Strategies project. This project consisted of a multifaceted approach to update the City’s regulations and procedures for the provision of residential and mixed uses. The team created objective development standards paired with easy-to-understand graphics informed by an in-depth analysis of existing regulations pertaining to mixed use, residential, and accessory dwelling unit development, as well as internal permit processing procedures; updated permit processes to increase understanding of regulations and ease of permit review; an updated accessory dwelling unit ordinance; an interactive web-based tool for development opportunity sites and incentives; and guides and marketing materials to assist staff and developers in understanding updated regulations and procedures.

Education
University of California,
Santa Barbara
BA, Environmental
Studies (Geography/
Urban Planning
emphasis), 2005
Certifications
American Institute of
Certified Planners
(AICP), issued 2012
Professional
Affiliations
American Planning
Association
American Institute of
Architects
U.S. Green Building
Council
Women in Architecture
286

2 South Bay Area Plan, Los Angeles County Department of Regional Planning, California. Served as principal planner. Led the development of several background briefs for the project focused on land use, zoning, historic and cultural resources, and equity, as well as the zoning and Area Plan land use recommendations. Led the development of the Area Plan’s goals, policies, and implementation programs, including the creation of a policy crosswalk to ensure policies complement existing Countywide policies while providing targeted direction for the South Bay Planning Area. Assisting in the management of economic and transportation subconsultants (Pro Forma and Intersecting Metrics, respectively), as well as internal management across environmental, historic preservation, and planning disciplines. A key project goal was to implement the County’s housing element.

Metro Area Plan, Los Angeles County Department of Regional Planning, California. Served as project manager/principal for the Los Angeles County Metro Area Plan, which is a planning document intended to guide regional-level growth and development within the eight unincorporated communities of the Metro Planning Area. The Area Plan proposes to implement land use and zone changes to facilitate the development of 30,968 dwelling units and 1,124,731 square feet of industrial building area, including instances of neighborhood-scale commercial use within residentially zoned parcels. The project provides the County with the opportunity to consider broad policy alternatives and program-wide mitigation measures and to comprehensively address potential environmental impacts. A key project goal was to implement the County’s housing element.

General Plan Update, City of Lomita, California. Served as principal in charge for the comprehensive update of the City of Lomita’s Housing and Safety Elements and associated CEQA process. Dudek staff prepared a detailed assessment of the hazards affecting the City, when they will occur, where the City is most vulnerable, and what communities are most impacted by hazards. Dudek prepared a Vulnerability Assessment and Capability Assessment to support the planning effort.

General Plan Update, City of Highland, California. Served as project manager overseeing the comprehensive update of the City of Highland’s Housing, Safety, and Environmental Justice Elements and associated CEQA process. Dudek staff prepared a detailed assessment of the hazards affecting the City, when they will occur, where the City is most vulnerable, and what communities are most impacted by hazards. Dudek prepared a Vulnerability Assessment and Capability Assessment to support the planning effort. Dudek is also collaborated with the City to create a virtual outreach hub, including news/events, resources, three online public workshops, and other project details.

General Plan Update, City of Carlsbad, California. Served as a member of the planning team to assist in the process of a General Plan Update for the City of Carlsbad. Prepared working papers that served as a foundation for updating the goals, policies, and programs in the open space and natural environment, history, arts, and cultural resources elements of the City’s General Plan.

Provided direction regarding potential environmental constraints for the formulation of land use alternatives in accordance with CEQA requirements and worked closely with the planning team on policy development.

287

1 Janet Rodriguez
ZONING CODE UPDATE LEAD |
[email protected]
Janet Rodriguez (JAN-it rohd-REE-gehz; she/her) is an urban planner with 5 years’ professional experience in land use planning, current planning and zoning, community outreach, and geographic information system (GIS). Ms. Rodriguez has experience conducting housing development land feasibility and constraints analyses, updating general plan and community plans, updating zoning ordinances, and analyzing policies’ effect on the built environment.

Ms. Rodriguez understands the importance of balancing project priorities with community needs and identifying ways to solicit feedback that can be meaningfully incorporated into the planning process to effectively provide context-specific and implementable recommendations and actions.

Select Project Experience
Comprehensive Zoning Code Update, City of Pico Rivera, California.

Serving as the project manager for the City of Pico Rivera’s Zoning Code Update project. Tasks include collaboration with City staff to identify opportunities and challenges with the zoning code’s organization, use-specific regulations, development review procedures, and development and design standards. Input and findings from consultant-led zoning code diagnostic (which includes a thorough review of the City’s code including General Plan consistency analysis, City staff interviews, and feedback from the robust public outreach as well as focused study sessions with a community advisory group and Planning Commission) will inform the development of the new zoning code to create a streamlined and user-friendly code and also new design standards and guidelines for residential, commercial, industrial, and mixed-use developments to achieve high-quality design.

General Plan Update, City of Newport Beach, California. Serves as the task lead for a comprehensive update to the General Plan’s Recreation and Land Use Elements. Tasks include analyzing existing conditions, developing an updated inventory of existing recreation facilities using GIS data from the City’s Recreation Facilities Dashboard to perform a quality assessment to evaluate the adequacy of parkland and recreational opportunities, and identifying key outreach opportunities within the greater outreach program to inform recreation and land use policy changes for inclusion into the General Plan update.

Education
University of Southern
California
MA, Urban Planning/
Design and Graduate
Certificate in Real
Estate Development,
2019
University of California,
Los Angeles
BA, Geography/
Environmental Studies,
2016
Professional
Affiliations
American Planning
Association
288

2 Metro Area Plan, County of Los Angeles Department of Regional Planning, California. Served as planner for the development of the Metro Area Plan. Managed outreach plan, coordinated schedule of meetings, and facilitated interested party outreach events. Assisted with background reports and existing conditions. Drafted economic development policies for the Metro Area Plan communities, comprehensively and tailored specific policies applicable to the seven individual communities based on market and demographic studies.

Urban Design and Housing Strategies, City of El Cajon, California. Served as the deputy project manager to the City of El Cajon’s Urban Design and Housing Strategies project. Tasks included in- depth analysis of existing regulations pertaining to residential and accessory dwelling unit development, a review of internal permit processing procedures, and targeted outreach with community members including developers and architects to develop new objective design standards that promote high-quality design that meets the City’s vision for various development typologies while allowing for flexibility and innovative design.

Indio Housing Element Update and Pro Housing Strategies and Program Implementation, City of Indio, California. Served as the Housing Element planner for the comprehensive update to the City of Indio’s Housing Element. Led bilingual interested party outreach. Developed maps and graphics for the City’s regional housing needs assessment and identification of sites. Ms. Rodriguez is currently assisting the City with implementing a pro-housing assessment and policy strategy that the project team created with the City, which included a detailed analysis of development trends in the city and region, direct financial incentives, and gap financing alternatives to facilitate affordable housing production. Additionally, Dudek is assisting the City with implementing programs from its Housing Element. Tasks include density bonus assessment and developing a no-net-loss site inventory tracking system.

Relevant Previous Experience
Art Rodriguez Associates, Arcadia, California. Served as an associate planner managing land use entitlement applications, primarily in cities within Los Angeles County. Tasks included site research and due diligence; developing project proposals; interpreting zoning codes; reviewing local regulations to ensure code compliance; preparing project findings reports; leading community outreach with interested parties including neighborhood groups, council representatives, and police departments; and representing projects at public hearings.

Center for Economic Development, Los Angeles, California. Served as the lead graduate research assistant for the Center for Economic Development at the University of Southern California.

Developed and analyzed an extensive dataset of journals and publications for a literature review focusing on transit-oriented development trends over the decades. Examined policy documents, such as land use elements, specific plans, and overlays, of every city with a Metro rail-stop in Los Angeles County to develop an inventory of policies that incentivize development around transit stations; tracked development patterns near transit stations; and assisted in the analysis of identifying trends between policy incentives and actual development. Oversaw the graphics and maps and assisted with the preparation of the final report for publication submittal review. 289

1 Elizabeth Dickson, AICP
HOUSING ELEMENT UPDATE LEAD |
[email protected]
Elizabeth Dickson (ee-LIH-zuh-beth DIK-suhn; she/her) is a planner with 9 years’ experience specializing in long-range planning, community planning, housing policy development, zoning codes, and the analysis and creation of tools that facilitate and incentivize development. Elizabeth’s diverse range of experiences includes General Plan updates and amendments, housing element updates, community plan updates, community planning, housing incentive program development, and updates and amendments to zoning codes. She has experience working collaboratively with local community groups, navigating California State legislation, and developing implementation-focused policies and ordinances that promote housing accessibility and affordability.

Elizabeth sits on the board of the California Chapter of the American Planning Association and has spoken as a panelist at multiple American Planning Association conferences. Her expertise in housing data analysis led her to serve as a panelist at the Institute for Innovative Governance’s 2019 Forum on Housing and Inequality in San Diego.

Select Project Experience
General Plan Update, City of Newport Beach, California. Serves as the project manager for a comprehensive update to the General Plan.

Tasks include an extensive community outreach and engagement program; analysis of both quantitative and qualitative data; visioning, goal, and policy development; and management of technical staff, planning staff, and subconsultants. The update has a heightened focus on resilience strategies and includes technical analysis of challenges faced by a coastal community such as sea level rise and coastal erosion.

Comprehensive Zoning Code Update, City of Pico Rivera, California. Serves as the task lead for the development of use regulations for the Comprehensive Zoning Code Update. Tasks include new regulations for outdoor dining, massage establishments, drive-throughs, automobile serving uses, and a variety of housing uses such as transitional housing, emergency shelters, supportive housing, home occupations, and family day-care homes. This project will provide permitting staff and the development community with a comprehensive zoning code that is easily navigable and contains clear and objective standards.

Housing Element Implementation Program, City of Indio, California. Serves as the task lead for the Housing Element Implementation Program, which includes the development of local ordinances, housing resources for community members, and guidance and informational materials for

Education
San Diego State
University
MA, City Planning,
2019
University of
Montevallo
BA, Business
Administration, 2009
Certifications
American Institute of
Certified Planners
(AICP), No. 34733
Professional
Affiliations
American Planning
Association
290

2 permitting staff and the development community. Additionally, this program includes an application for the State’s Prohousing Designation Program and coordination with the City Council and the State’s Department of Housing and Community Development.

General Plan Update, City of Rialto, California. Served as the task lead for the update to the Land Use Element and a member of the planning team for the overall General Plan Update. Through the General Plan Update, Dudek is prepared amendments to the General Plan for the City’s Land Use, Safety, and Environmental Justice Elements. The update to the Land Use Element included policy and legislative crosswalks identifying key needed changes, a comprehensive existing conditions analysis establishing a baseline for what is on the ground, and establishing goals and policies as a part of a robust community and interested party engagement program. Additionally, Elizabeth also served as the task lead on consistency amendments to the Zoning Code and Zoning Map.

Urban Design and Housing Strategies, City of El Cajon, California. Served as the project manager for the Urban Design and Housing Strategies project. This project consisted of a multifaceted approach to update the City’s regulations and procedures for the provision of residential and mixed uses. This included the development of objective development standards paired with easy-to-understand graphics informed by an in-depth analysis of existing regulations pertaining to mixed use, residential, and accessory dwelling unit development, as well as internal permit processing procedures; updated permit processes to increase understanding of regulations and ease of permit review; an updated accessory dwelling unit ordinance; an interactive web-based tool for development opportunity sites and incentives; and guides and marketing materials to assist staff and developers in understanding updated regulations and procedures.

San Bernardino Regional Housing Trust Fund, San Bernardino Council of Governments, California.

Serves as the task lead for the Regional Housing Trust Fund through the San Bernardino County Transportation Authority/San Bernardino Council of Governments on-call contract. Prepared a Housing Trust white paper, which provides an analysis of best practices and recommendations for enacting a regional housing trust fund, and a Strategic Plan, which outlines outreach findings, priority projects, and key recommendations. Developed and managed a comprehensive outreach program, including presentations to City Councils across San Bernardino County. Current tasks include the development of an administrative plan for the implementation of a regional housing trust fund, based on the recommendations of the Housing Trust white paper.

Housing Element Update and Prohousing Plan, City of Indio, California. As a part of the General Plan Update, served as the task lead for the comprehensive sixth cycle update to the City of Indio’s Housing Element. As a first step in implementation of the Housing Element, conducted a prohousing assessment, including direct financial incentives, enhanced housing permitting organizational strategies, City and regional fee strategies, local and regional housing trust fund options and gap financing alternatives for workforce and affordable housing to facilitate the planning, approval, and construction of housing. Current tasks include a prohousing application and coordination with local decision makers and the State Department of Housing and Community Development.

Housing Element Update, City of Concord, California. Served as planning lead for the sixth cycle update to the Housing Element. The Concord Housing Element Update is unique in that it has an extensive focus on tenant protections and anti-displacement strategies. Tasks include robust community engagement, subconsultant management, decision-maker education, and coordination with the State Department of Housing and Community Development. This plan has been adopted and was certified by the State.
291

1 Nicole Cobleigh
ENVIRONMENTAL SCOPING LEAD |
[email protected]
Nicole Cobleigh ( nick-KOHL KOB-lee; she/her) is a senior project manager with 25 years’ experience in environmental planning and land use development in Southern California. Ms. Cobleigh manages all phases of the project planning and environmental review process, including budget allocations and mo nitoring, project team and subconsultant oversight, scheduling, presentations at hearings, and public outreach. She has produced numerous California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents, including
environmental impact reports (EIRs); environmental impact statements (EISs); and technical reports for visual resources and aesthetics, cultural resources, and other environmental resources.

Ms. Cobleigh applies her comprehensive understanding of policy, planning, and environmental issues to meet clients’ needs on a variety of projects. She has extensive experience working on complicated projects involving multiple regulatory agencies.

Select Project Experience
Indio Housing Element Update ND, City of Indio, California. Managed the preparation of the IS/ND for the Housing Element Update as part of the 6th Cycle of the Regional Housing Needs Assessment.

Lomita Housing Element Update ND, City of Lomita, California.

Managed the preparation of the IS/ND for the Housing Element Update as part of the 6th Cycle of the Regional Housing Needs Assessment.

South El Monte Housing, Safety and Environmental Justice Element Updates ND, City of South El Monte, California. Managed the preparation of the IS/ND for the Housing Element Update as part of the 6th Cycle of the Regional Housing Needs Assessment. The effort also included updates to the City’s Safety Element and a new Environmental Justice Element.

Manhattan Beach Housing Element Update ND, City of Manhattan Beach, California. Managed the preparation of the IS/ND for the Housing Element Update as part of the 6th Cycle of the Regional Housing Needs Assessment.

Fullerton Housing Implementation Overlay Zone Program EIR, City of Fullerton, California. The City of Fullerton must adopt an updated Housing Element as part of the 6th Cycle of Regional Housing Needs Assessment. The City’s Housing Element relies heavily on adopting a Housing Implementation

Education
California Polytechnic
State University,
San Luis Obispo
MCRP, City and
Regional Planning
University of California,
Los Angeles BA,
Geography/
Environmental Studies
(Public Policy/Urban
Planning Minor)
Professional
Affiliations
Association of
Environmental
Professionals
292

2 Overlay Zone that would allow housing projects to be constructed on 759 parcels throughout the City.

Currently managing the preparation of the Program EIR for this implementation overlay zone program.

Key project issues include evaluating air quality impacts and vehicle miles traveled.

Sand Canyon Resort Project EIR, City of Santa Clarita. This project involves the redevelopment of a former golf course into a resort hotel project. Key issues associated with this project include potential impacts to sensitive biological resources, development within a Very High Fire Hazard Zone formerly subject to wildfire and mud and debris flows, and the rezoning of Open Space to Commercial within in a community sensitive to the loss of Open Space. Serving as the Project Manager for the Environmental Impact Report (EIR) and supporting technical analyses for the proposed project.
7811 Santa Monica Boulevard EIR, City of West Hollywood, California. Managing the preparation of an EIR for a hotel and residential 265,853-square-foot mixed-use development project along Santa Monica Boulevard in the City of West Hollywood. The project would involve the demolition of a fitness center and one multifamily residential structure and the construction of a new six-story building with 74 hotel rooms and 82 residential units. Ground floor commercial/restaurant use would also be included a part of the project. Key issues associated with this project include construction air quality, noise and traffic impacts to the Fountain Day School, which is located immediately to the north of the site and operates as a year-round preschool. 417 N. Madison Avenue Project, City of Pasadena, California. Managed the preparation of an IS/mitigated negative declaration (MND) for a residential infill project in the City of Pasadena. The project involved the construction of 39 residential units within a multifamily, high-density residential area of the City. The use is permitted by right; but the minimum required set back requires a minor variance from the City so an expedited IS/MND is being prepared.

K4 Warehouse and Cactus Channel Improvements Project, March Joint Powers Authority, California.

Lewis Companies is proposing to construction a new approximately 720,000 square foot industrial warehouse/e-commerce fulfillment center. One component of the project involves the installation of an underground box culvert within the existing Cactus Avenue Drainage Channel. Managing an EIR for the proposed project, and key issues associated with this project include coordination with multiple agencies and jurisdictions, traffic impacts, impacts to biological resources, and greenhouse gas emission impacts.

Meridian West Campus-Lower Plateau Project, March JPA, California. Managed the preparation of a comprehensive EIR for a large-scale business and warehouse development project in the western portion of the March JPA jurisdiction. The project, approved by the Board Commissioners in 2017, would result in the construction of approximately 2.3 million square feet of industrial warehouse and business park uses. Key issues associated with this project included visual and aesthetic impacts to distant mountain views, air and greenhouse gas emissions within proximity of single- family residential homes, increases in truck traffic in the project vicinity, and overall traffic impacts in the Riverside County area.

293
800.450.1818 | [email protected]
DUDEK.COM
294

EXHIBIT C

FEE SCHEDULE

295
Housing Element Rezoning
Program and Environmental
Impact Report
Revised January 24, 2025Revised Proposal for RFP No. 25-10 City of COSTA MESA
296

City of Costa Mesa Housing Element Rezoning Update and EIR

1 Dudek
Cost Proposal

January
24,
2025

Stephanie Urueta

City of Cost Mesa

Economic and Development Services Department

77 Fair Drive, 1st Floor

Costa Mesa, California 92626

Subject:

Revised
Proposal for City of Costa Mesa
Housing Element Rezoning Update and EIR

Dear Stephanie Urueta:

Dudek’s revised
cost proposal

reflects our updated approach and understanding of the work to most efficiently and effectively
address the City’s needs and priorities. This cost proposal reflects anticipated wage increases during the contract duration.



Subtotal
Lump Sum of $1,850,611



+ 1
0 % Contingency of $
185,061



Total Lump Sum of $
2,035,672

On the follow pages,
Table 1

illustrates a
top
-
level summary of our cost proposal, and Table 2
shows a

detailed breakdown

by staff by hour
.

This fee estimate is valid for
18 0 days from the date of this proposal; after
18 0 days, Dudek reserves the
right to reassess the fee estimate, if
necessary.

Sincerely,

__________________________________

Joseph Monaco

Catherine Tang Saez, AICP

President/CEO

Project Manager

Joseph Monaco

is authorized to sign on behalf of Dudek.

297
Cost Proposal

City of Costa Mesa Housing Element Rezoning Update and EIR

2 Table 1

illustrates a top
-
level summary by task
.

Table 1. Cost Proposal

Summary

Outreach
Economics
Kearns & West
Pro Forma Advisors
Fee
Fee
Task 1
Project Management and Coordination

1.1 Project Initiation
$5,944.00
$5,944.00

1.2 Ongoing Project M anagement and Coordination
$41,200.00
$36,800.00
$78,000.00
Subtotal Task 1
$47,144.00
$36,800.00
$83,944.00
Task 2
Initial Assessment and Overall Strategy

2.1 Review of Housing Element
$3,664.00
$3,664.00

2.2 Confirmation of Housing Element Sites
$11,228.00
$11,228.00

2.3 Diagnostic Analysis of Existing Plans, etc.
$16,860.00
$16,860.00

2.4 Overall Strategy
$8,424.00
$8,424.00
Subtotal Task 2
$40,176.00
$40,176.00
Task 3
Community Outreach and Engagement

3.1 Community Outreach and Engagement Plan
$4,840.00
$7,245.00
$12,085.00

3.2 Project Messaging
$21,200.00
$20,355.00
$41,555.00

3.3 Stakeholder Meetings
$38,880.00
$23,575.00
$62,455.00

3.4 Community Events
$99,560.00
$186,300.00
$11,500.00
$297,360.00
Subtotal Task 3
$164,480.00
$237,475.00
$11,500.00
$413,455.00
Task 4
Market Demand and Economic Feasibility Analysis

4.1 Citywide Market Demand Analysis
$18,400.00
$18,400.00

4.2 Physical Development Feasibility Analysis
$26,400.00
$26,400.00

4.3 Financial Development Feasibility Analysis
$11,500.00
$11,500.00

4.4 Fiscal Impact Analysis
$16,100.00
$16,100.00

4.5 Summary of Analysis Report
$9,660.00
$3,450.00
$13,110.00
Subtotal Task 4
$36,060.00
$49,450.00
$85,510.00
Task 5
Rezoning

5.1a
Updates to Select Plans
$250,540.00
$250,540.00

5.1b
Creation of New and/or Reuse of Existing Overlays
$439,020.00
$439,020.00

5.2 Update to General Plan
$12,480.00
$12,480.00

5.3 Streamlined Development Process
$10,560.00
$10,560.00

5.4 Update to Housing Element
$40,560.00
$40,560.00
Subtotal Task 5
$753,160.00
$753,160.00
Task 6
Zoning Code Amendments

6.1 Diagnostic Analysis of Zoning Code
$12,556.00
$12,556.00

6.2 Draft and Final Zoning Code Amendments
$33,720.00
$33,720.00
Subtotal Task 6
$46,276.00
$46,276.00
Task 7
Objective Design Standards

7.1 Diagnostic Analysis of Existing Standards
$14,492.00
$14,492.00

7.2 Existing Built Environment Analysis
$13,312.00
$13,312.00

7.3 Current/Recent Development Projects Analysis
$11,092.00
$11,092.00

7.4 Case Study Analysis
$10,052.00
$10,052.00

7.5 Summary of Analysis Report
$3,464.00
$3,464.00

7.6 Draft and Final Objective Design Standards
$52,900.00
$52,900.00
Subtotal Task 7
$105,312.00
$105,312.00
Task 8
CEQA

8.1 Project Description
$8,950.00
$8,950.00

8.2 Notice of Preparation
$16,040.00
$16,040.00

8.3 Administrative Draft EIR
$202,480.00
$202,480.00

8.4 Screencheck Draft EIR
$38,040.00
$38,040.00

8.5 Public Draft EIR
$19,940.00
$19,940.00

8.6 Final EIR
$14,440.00
$14,440.00
Subtotal Task 8
$299,890.00
$299,890.00
Task 9
Public Hearings

9.1 Public Hearings
$22,888.00
$22,888.00
Subtotal Task 9
$22,888.00
$22,888.00
Total Hours
Total
$1,515,386.00
$274,275.00
$49,450.00
$11,500.00
$1,850,611.00
Percent of Hours (Base)
Contingency Percent
10%
Contingency Total
$185,061.00
Total with Contingency
$2,035,672.00
Subconsultant Fees

DUDEK LABOR
COSTS

OTHER DIRECT
COSTS

TOTAL FEE
298
Cost Proposal

City of Costa Mesa Housing Element Rezoning Update and EIR

3 Table
2 details

the cost for individual project tasks
,
number of hours assigned for personnel
,

and their hourly rates.

Table
2 . Cost Proposal

Project Team Role:

PM
PIC
PIC
Planner
Planner
Planner
Planner
Planner
Designer
CEQA
CEQA
CEQA
CEQA
CEQA
CEQA
CEQA
CEQA
CEQA
CEQA
CEQA
GIS
Outreach
Economics
Team Member:

Catherine Saez
Gaurav
Srivastava
Asha Bleier
Shannon
Heffernan
Elizabeth
Dickson
Rachel Lindt
Lisa Chou
Janet Rodriguez
Aliah Werth
Nicole Cobleigh
Brandon Whalen-
Castellanos
Roshanne
Bakhtiary
Debi Howell-
Ardila
Michael Huff
Eric Schniewind
Michael Cady
Jennifer Reed
Mark Storm
Dennis Pascua
Glenna
McMahon
Christopher
Starbird
Kearns & West
Pro Forma Advisors
Billable Rate:
$242.00
$252.00
$294.00
$242.00
$216.00
$191.00
$170.00
$170.00
$118.00
$252.00
$149.00
$201.00
$201.00
$340.00
$201.00
$232.00
$242.00
$294.00
$294.00
$319.00
$175.00
Fee
Fee
Task 1
Project Management and Coordination

1.1 Project Initiation
6 4
4 4
4 4
26 $5,944.00
$5,944.00

1.2 Ongoing Project M anagement and Coordination
80 40
40 160
$41,200.00
$36,800.00
$78,000.00
Subtotal Task 1
86 44
44 4
4 4
186
$47,144.00
$36,800.00
$83,944.00
Task 2
Initial Assessment and Overall Strategy

2.1 Review of Housing Element
8 8
16 $3,664.00
$3,664.00

2.2 Confirmation of Housing Element Sites
10 8
60 78
$11,228.00
$11,228.00

2.3 Diagnostic Analysis of Existing Plans, etc.
10 40
40 90
$16,860.00
$16,860.00

2.4 Overall Strategy
10 4
4 20
38 $8,424.00
$8,424.00
Subtotal Task 2
38 4
4 16
60 40
60 222
$40,176.00
$40,176.00
Task 3
Community Outreach and Engagement

3.1 Community Outreach and Engagement Plan
20 20
$4,840.00
$7,245.00
$12,085.00

3.2 Project Messaging
20 20
40 40
120
$21,200.00
$20,355.00
$41,555.00

3.3 Stakeholder Meetings
40 40
40 80
200
$38,880.00
$23,575.00
$62,455.00

3.4 Community Events
80 80
80 80
80 100
500
$99,560.00
$186,300.00
$11,500.00
$297,360.00
Subtotal Task 3
160
120
140
80 120
220
840
$164,480.00
$237,475.00
$11,500.00
$413,455.00
Task 4
Market Demand and Economic Feasibility Analysis

4.1 Citywide Market Demand Analysis
$18,400.00
$18,400.00

4.2 Physical Development Feasibility Analysis
20 20
140
180
$26,400.00
$26,400.00

4.3 Financial Development Feasibility Analysis
$11,500.00
$11,500.00

4.4 Fiscal Impact Analysis
$16,100.00
$16,100.00

4.5 Summary of Analysis Report
10 10
40 60
$9,660.00
$3,450.00
$13,110.00
Subtotal Task 4
30 30
180
240
$36,060.00
$49,450.00
$85,510.00
Task 5
Rezoning

5.1a
Updates to Select Plans
120
40 100
40 140
300
140
600
1480
$250,540.00
$250,540.00

5.1b
Creation of New and/or Reuse of Existing Overlays
240
100
40 40
300
140
240
1800
2900
$439,020.00
$439,020.00

5.2 Update to General Plan
20 40
60 $12,480.00
$12,480.00

5.3 Streamlined Development Process
10 20
20 50
$10,560.00
$10,560.00

5.4 Update to Housing Element
40 80
80 200
$40,560.00
$40,560.00
Subtotal Task 5
430
140
140
80 100
500
440
460
2400
4690
$753,160.00
$753,160.00
Task 6
Zoning Code Amendments

6.1 Diagnostic Analysis of Zoning Code
8 20
40 68
$12,556.00
$12,556.00

6.2 Draft and Final Zoning Code Amendments
20 80
80 180
$33,720.00
$33,720.00
Subtotal Task 6
28 100
120
248
$46,276.00
$46,276.00
Task 7
Objective Design Standards

7.1 Diagnostic Analysis of Existing Standards
16 20
40 76
$14,492.00
$14,492.00

7.2 Existing Built Environment Analysis
16 80
96 $13,312.00
$13,312.00

7.3 Current/Recent Development Projects Analysis
16 20
20 56
$11,092.00
$11,092.00

7.4 Case Study Analysis
16 20
20 56
$10,052.00
$10,052.00

7.5 Summary of Analysis Report
8 8
16 $3,464.00
$3,464.00

7.6 Draft and Final Objective Design Standards
40 20
60 60
140
320
$52,900.00
$52,900.00
Subtotal Task 7
112
20 128
120
240
620
$105,312.00
$105,312.00
Task 8
CEQA

8.1 Project Description
10 10
10 10
40 $8,950.00
$8,950.00

8.2 Notice of Preparation
40 40
80 $16,040.00
$16,040.00

8.3 Administrative Draft EIR
40 40
40 40
100
60 80
90 120
70 120
30 10
840
$202,480.00
$202,480.00

8.4 Screencheck Draft EIR
80 120
200
$38,040.00
$38,040.00

8.5 Public Draft EIR
20 100
120
$19,940.00
$19,940.00

8.6 Final EIR
10 80
90 $14,440.00
$14,440.00
Subtotal Task 8
40 200
390
40 100
60 80
90 120
70 120
40 20
1370
$299,890.00
$299,890.00
Task 9
Public Hearings

9.1 Public Hearings
32 32
60 124
$22,888.00
$22,888.00
Subtotal Task 9
32 32
60 124
$22,888.00
$22,888.00
Total Hours
916
390
188
220
120
872
480
824
3200
200
390
40 100
60 80
90 120
70 120
40 20
8540
Total
$221,672.00
$98,280.00
$55,272.00
$53,240.00
$25,920.00
$166,552.00
$81,600.00
$140,080.00
$377,600.00
$50,400.00
$58,110.00
$8,040.00
$20,100.00
$20,400.00
$16,080.00
$20,880.00
$29,040.00
$20,580.00
$35,280.00
$12,760.00
$3,500.00
$1,515,386.00
$274,275.00
$49,450.00
$11,500.00
$1,850,611.00
Percent of Hours (Base)
11%
5%
2%
3%
1%
10%
6%
10%
37%
2%
5%
0%
1%
1%
1%
1%
1%
1%
1%
0%
0%
Contingency Percent
10%
Contingency Total
$185,061.00
Total with Contingency
$2,035,672.00

TOTAL FEE
Dudek Labor Hours and Rates
Subconsultant Fees
TOTAL
DUDEK
HOURS

DUDEK LABOR
COSTS

OTHER DIRECT
COSTS
299

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-133 Meeting Date: 2/18/2025
TITLE:

CITY OF COSTA MESA, COSTA MESA FINANCE AUTHORITY, AND COSTA MESA HOUSING

AUTHORITY AUDITED FINANCIAL STATEMENTS, AND HOUSING SUCCESSOR ANNUAL REPORT FOR THE PERIOD ENDING JUNE 30, 2024.

DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR, (714) 754-5243 RECOMMENDATION:

3. Staff recommends the City Council and Housing Authority receive and file the following reports for the fiscal year ended June 30, 2024:
a. Independent Financial Audit of the Costa Mesa Housing Authority, including the Low and Moderate-Income Housing Asset Fund (Attachment 6); and
b. The Fiscal Year 2023-24 Housing Successor Annual Report prepared under the California Health and Safety Code section 34176.1 as the housing successor and section 34328 as a housing authority (Attachment 7).

BACKGROUND:

Federal Single Audit guidelines require a recipient of federal funds to have an independent annual financial audit and compliance audit of the federal programs. As such, the City has retained an independent public accounting firm of licensed certified public accountants, Davis Farr LLP, to

Page 1 of 7 ends

Costa Mesa City CouncilFebruary 18, 2025

Costa Mesa City Council
February 18, 2025