CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, April 1, 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
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Closed Captioning is available via the Zoom option in English and Spanish.
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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].
Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to [email protected], submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting.
Comments received by 12:00 p.m. on the day of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
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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.
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.
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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].
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CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA).
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Management Association (CMPMA).
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA).
4. Public Employment, Workers’ Compensation Claim
Pursuant to California Government Code Section 54956.9 (b)(1) WCAB NO. ADJ17537318, ADJ17537816
5. Public Employment, Workers’ Compensation Claim
Pursuant to California Government Code Section 54956.9 (b)(1) WCAB NO. ADJ18957837
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REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY APRIL 1, 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. Presentation: Costa Mesa Poet Laureate Introduction
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Presentations and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed.
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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 Gameros
2. Council Member Marr
3. Council Member Reynolds
4. Council Member Pettis
5. Council Member Buley
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
25-236
RECOMMENDATION:
City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.
2. READING FOLDER 25-238
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Gabriel Rolando Fierro.
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3. ADOPTION OF WARRANT RESOLUTION 25-232
RECOMMENDATION:
City Council approve Warrant Resolution No. 2731.
1. Summary Check Register 3-03-25
2. Summary Check Register 3-11-25
Attachments:
4. MINUTES 25-237
RECOMMENDATION:
City Council approve the minutes of the Study Session of March 11, 2025 and the regular meeting of March 18, 2025.
1. 03-11-2025 Draft Minutes
2. 03-18-2025 Draft Minutes
Attachments:
5. DESIGNATION OF CITY NEGOTIATORS FOR THE COSTA MESA
POLICE MANAGEMENT ASSOCIATION (CMPMA), THE COSTA
MESA POLICE ASSOCIATION (CMPA) AND THE COSTA MESA CITY
EMPLOYEES’ ASSOCIATION (CMCEA) LABOR NEGOTIATIONS
PROCESSES AND AUTHORIZATION TO PROCEED WITH THE
FINANCIAL ANALYSIS OF THE CURRENT MEMORANDUMS OF
UNDERSTANDING (MOU) PER THE TRANSPARENCY IN LABOR
NEGOTIATIONS COUNCIL POLICY
25-241
RECOMMENDATION:
Staff recommends the City Council:
1. Designate City Manager Lori Ann Farrell Harrison as the City ’s Principal Negotiator, Assistant City Manager Cecilia Gallardo Daly, Deputy City Manager Alma Reyes, Human Resources Manager Kasama Lee and Finance Director Carol Molina as the City ’s representatives in negotiations with the CMPMA, CMPA and CMCEA.
2. Authorize staff to have the independent fiscal analysis of the current CMPMA, CMPA and CMCEA MOUs completed per the requirements of the Transparency in Labor Negotiations Council Policy.
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6. APPROVE INCREASE IN PURCHASING AUTHORITY WITH PIVOT
SOLUTIONS
25-210
RECOMMENDATION:
Staff recommends the City Council:
1. Approve and authorize the City Manager to execute change orders with Pivot Solutions LLC, dba: Maaco Store that would authorize an increase in purchase authority to $200,000 for vehicle paint and body repair services for the remainder of the current fiscal year and annually thereafter.
2. Approve an appropriation of $100,000 in the Equipment Replacement Fund (Fund 601) fund balance for additional paint and body repair services.
7. ACCEPTANCE OF THE POLICE DEPARTMENT RANGE REMODEL
AND UPGRADES PROJECT, CITY PROJECT NO. 22-03
25-226
RECOMMENDATION:
Staff recommends the City Council:
1. Accept the work performed by Kazoni Construction, Inc ., 20371 Irvine Ave .
Ste. 120, Newport Beach, CA 92660, for the Police Department Range Remodel and Upgrades Project, City Project No. 22-03, and authorize the City Clerk to file the Notice of Completion.
2. Authorize 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 at the conclusion of the one (1) year warranty period.
1. Final Cost SummaryAttachments:
8. SECOND AMENDMENT TO THE CITYWIDE TRAFFIC SIGNAL
MAINTENANCE CONTRACT
25-231
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the Second Amendment to the Maintenance Services Agreement (MSA) with Yunex, LLC to provide maintenance of the City ’s traffic signals, increasing the annual compensation limit by $200,000, for an annual not to exceed amount of $700,000.
2. Authorize the City Manager and the City Clerk to execute the agreement and future amendments to the agreement.
1. Proposed Amendment No. 2 to MSA
2. Amendment No. 1 to MSA
Attachments:
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9. AUTHORIZE PURCHASE ORDER WITH LN CURTIS AND SONS FOR
SMALL DOLLAR COMMODITY PURCHASES THAT CUMULATIVELY
EXCEED $ 100,000 FOR PURCHASE OF PERSONAL PROTECTIVE
EQUIPMENT AND FIREFIGHTER EQUIPMENT
25-229
RECOMMENDATION:
Staff recommends the City Council:
Authorize the City Manager to execute a purchase order with LN Curtis and Sons within the department’s FY 2024-25 approved operating budget for various small dollar commodity purchases not to exceed $125,000.
1. Master Price Agreement for PPEAttachments:
10. CONTRACT AMENDMENT TO INCREASE FUNDING FOR THE
FAMILIES FORWARD TENANT BASED RENTAL ASSISTANCE
(TBRA) PROGRAM BY $ 50,000 FOR THE CURRENT FISCAL YEAR
(FY) 2024-2025 AND INCLUDE UP TO 3 ADDITIONAL YEARLY
RENEWALS FOR UP TO $ 200,000 EACH YEAR, IF FUNDING IS
AVAILABLE.
25-221
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager (or designee) and the City Clerk to execute an amendment to award additional HOME funding in the amount of $50,000 to Families Forward for the City ’s Tenant Based Rental Assistance Program (TBRA) for FY 2024-2025 and include up to 3 additional yearly renewals for up to $200,000 each year, if funding is available.
2. Approve an appropriation of $175,000 to recognize the unspent allocation from prior years within the HOME Fund (Fund 205) that has been added to the FY 2024-2025 Annual Action Plan as a minor amendment to increase funding to the HOME TBRA program and Single-Family Housing Rehabilitation program.
Agenda Report
1. Families Forward TBRA Agreement
2. Families Forward TBRA- Draft Amendment No. 3
Attachments:
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.)
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OLD BUSINESS:
1. ADOPT AN ORDINANCE TO AMEND TITLE 13 OF THE COSTA MESA
MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS
TO CONFORM TO RECENT REVISIONS TO STATE LAW (CODE
AMENDMENT PCTY-24-0002)
25-227
RECOMMENDATION:
Staff recommends the City Council adopt Ordinance No. 2025-02 approving Code Amendment PCTY-24-0002, amending Title 13 of the Costa Mesa Municipal Code (CMMC) pertaining to Accessory Dwelling Units (ADUs) to conform to recent revisions to State law.
Agenda Report
1. Draft Ordinance
2. Tracked Changes Ordinance (Exhibit A to Ordinance)
Attachments:
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NEW BUSINESS:
1. PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR
THE RECONSTRUCTION OF FIRE STATION NO. 2
25-202
RECOMMENDATION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to Accenture Infrastructure and Capital Projects LLC, 300 Spectrum Center Drive, Suite 1400, Irvine, California, in an amount not to exceed $1,774,775 for construction management services for the reconstruction of Fire Station No. 2, with an initial allocation of $225,000 and the remaining allocation following successful issuance of bond for Fire Station No. 2 Reconstruction Project.
2. Authorize a ten percent (10%) contingency in the amount of $177,477 for unforeseen costs related to the project.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.
1. PSAAttachments:
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2. APPOINTMENTS TO VARIOUS CITY COMMITTEES 25-233
RECOMMENDATION:
Staff recommends the City Council make appointments as follows:
1. Animal Services Committee - Make three ( 3) member appointments with a term expiration of April 2027 (Appointments by Mayor Pro Tem Chavez, Council Member Reynolds, and Council Member Marr).
2. Active Transportation Committee - Make three ( 3) member appointments with a term expiration of April 2027 (Appointments by Mayor Pro Tem Chavez, Council Member Reynolds, and Council Member Marr).
3. Fairview Park Steering Committee - Make three ( 3) member appointments with a term expiration of April 2029 (Appointments by Council Member Buley, Council Member Gameros, and Council Member Pettis), one ( 1) member appointment with a term expiration of April 2027 (Appointment by Mayor Stephens) and confirm Hank Castignetti as the Orange County Model Engineers (OCME) City liaison.
4. Finance and Pension Advisory Committee - Make one ( 1) member appointment with a term expiration of April 2028 (Appointment by Council Member Buley).
5. Housing and Public Service Grants Committee - Make three ( 3) member appointments with a term expiration of April 2027 (Appointments by Mayor Pro Tem Chavez, Council Member Reynolds, and Council Member Marr) and one ( 1) member appointment with a term expiration of April 1, 2026 (Appointment by Council Member Buley).
6. Traffic Impact Fee Ad Hoc Committee - Make four ( 4) member appointments with a term expiration of April 2029; one ( 1) Major Developers ’ Representative, one ( 1) Small Developers’ Representative and two ( 2) At-large positions (Appointments by Council Liaison Reynolds).
1. Animal Services Committee Applications
2. Active Transportation Committee Applications
3. Fairview Park Steering Committee Applications
4. Finance and Pension Advisory Committee Applications
5. Housing and Public Service Grants Committee Applications
6. Traffic Impact Fee Ad Hoc Committee Applications
Attachments:
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ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-236 Meeting Date: 4/1/2025
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.
15 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-238 Meeting Date: 4/1/2025
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: Gabriel Rolando Fierro.
16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-232 Meeting Date: 4/1/2025
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. 2731.
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. for $3,831,988.57, and City operating expenses for $4,025,665.58.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-237 Meeting Date: 4/1/2025
TITLE:
MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council approve the minutes of the Study Session of March 11, 2025 and the regular meeting of March 18, 2025.
53 Minutes – Regular Study Session March 11, 2025 Page 1 of 2
REGULAR CITY COUNCIL STUDY SESSION MEETING
TUESDAY, MARCH 11, 2025 – MINUTES
CALL TO ORDER – The Study Session meeting was called to order by Mayor Stephens at 5:02 p.m.
ROLL CALL
Present: Council Member Buley, Council Member Gameros, Council Member Pettis, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: None.
PUBLIC COMMENTS – MATTERS ONLY LISTED ON THE AGENDA
Ralph Taboada, Costa Mesa, spoke on considering additional options before making a final decision, spoke on the high amount of open CIP projects and prioritizing the open projects, using the gas tax monies for the Adams Avenue project, and would prefer public comments be after the staff presentation.
Speaker, requested additional information on sales taxes and revenues, spoke on utilizing gas taxes for street projects, spoke on having more options on the table and to consider cutting the Climate Action Plan and Active Transportation Green Streets projects.
James Peters, Costa Mesa, spoke on reviewing the expenditures line by line, spoke on the quarterly summary and the potential of a $7 million downfall if the trend continues, and requested full disclosure on expenses.
Cynthia McDonald, Costa Mesa, requested additional information on options, inquired on which of the CIPs are being deferred, requested public comments be after the staff presentation, and spoke on the cannabis revenue.
STUDY SESSION ITEM:
1. FISCAL YEAR 2024-25 MID-YEAR BUDGET UPDATE
Presentation by Ms. Molina, Finance Director.
ACTION:
City Council provided feedback on the Fiscal Year 2024-25 Mid-Year Update. 54 Minutes – Regular Study Session March 11, 2025 Page 2 of 2 ADJOURNMENT – Mayor Stephens adjourned the meeting at 7:03 p.m.
Minutes adopted on this 1st day of April, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
55 Minutes – Regular Meeting March 18, 2025 Page 1 of 10
REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY MARCH 18, 2025 – 6:00 P.M. - MINUTES
CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:02 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 Pastor Matthew Hambrick, Costa Mesa First United Methodist Church.
ROLL CALL
Present: Council Member Buley (Via Zoom Webinar), Council Member Gameros, Council Member Pettis, Council Member Marr, Council Member Reynolds (Via Zoom Webinar), Mayor Pro Tem Chavez, and Mayor Stephens.
Absent: None.
PRESENTATIONS:
Paulette Lombardi-Fries, President of Travel Costa Mesa, provided an update to the City Council.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Flo Martin, Costa Mesa, spoke on palm trees that need trimmed along Tanager Drive.
Matt Walters, Costa Mesa, works at Vons Pavilions, spoke on increased theft and safety issues, and requested an ordinance to regulate self-checkouts.
Speaker, works at Vons on Harbor Blvd., requested an ordinance to regulate self-checkouts.
Victor Romero, works for Stater Brothers, spoke on the courtesy clerks being laid off at the Costa Mesa store, and requested support for workers.
Damian Martin Esq., co-founder, RD x Catalyst Cannabis Co., expressed gratitude to the City Council and staff for enforcement on smoke shops illegally selling cannabis and nitrous oxide. 56 Minutes – Regular Meeting March 18, 2025 Page 2 of 10 Steve McNally, Costa Mesa, thanked the City Council and CalOptima for the Celebrating Life Clinic, spoke on facilities where Narcan is distributed, and in support of availability of Narcan, expressed concern that police from other cities are not transferring individuals that request a 5150 hold, and spoke on the importance of having proper policy and procedures for 5150 hold requests.
Speaker, spoke on speeding problems on W. 19th Street, requested a traffic officer to be posted at Towne Street, spoke on the Transient Occupancy Tax and on California’s MediCal budget deficit.
John Lewis, spoke against the street improvements on 19th street, spoke on speeding problems on Towne Street, spoke on the street becoming a cut through street, and requested a cul-de-sac on the street.
Marc Vukcevich, requested the City Council to support the following bills: AB-1085 which increases fines for manufacturers and retailers for illegal license plate covers, SB-445 modifies e-bike regulations, SB-720 modifies the existing redlight camera program, AB-382 allows cities to use standards in school zones other than when children are present, AB-981 requires speed limiting devises if the driver has multiple reckless driving faults on record, and AB-366 requiring Ignition Interlock Device installation for first time DUI offenders.
Speaker, spoke on a person arrested on October 29, 2023, and requested a contact for inquiries on the case.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Buley thanked Fire Chief Stefano and Brian Gruner, Parks and Community Services Director for meeting with him and Council Member Pettis, spoke on the budget and requested that the Finance and Pension Advisory Committee review the budget and that any comments on budget issues be included in the report.
Council Member Gameros thanked the members of the United Food and Commercial Workers Union (UFCW) who spoke on self-checkouts in the grocery stores and that he will be looking into the issue, spoke on observing March 10, 1987 and remembering Police Officers Ketchum and Libolt, recognized new Fire Department recruits, spoke on emergency preparedness, spoke on a meeting on March 19, 2025 at 6:00 p.m. regarding a proposed traffic signal on Fairview Avenue and Belfast Avenue.
Council Member Marr spoke on the new Goodwill Donation Center at the Orange County Fairgrounds, spoke on attending the Women’s Veterans Symposium, spoke on attending the skate park community meeting, spoke on the upcoming Bark Bash event on Saturday, March 22nd, thanked the members of the United Food and Commercial Workers Union (UFCW) for speaking and is in support of their efforts, and requested to adjourn the meeting in memory of Huy Pham, a city employee, and Officers Ketchum and Libolt. 57 Minutes – Regular Meeting March 18, 2025 Page 3 of 10 Council Member Reynolds spoke on the speeding issues on Towne Street, thanked the Costa Mesa Historical Society for hosting speaker events, and an artist Alisia Rojas, who is the artist who painted the mural on Baker Street and spoke on community-based art projects, requested an update on the permit parking program, spoke on the potential of a shared parking program, spoke on proposed legislation and requested information on the process to discuss and support legislation.
Council Member Pettis spoke on Brentwood Park and that the project is still in the budget, spoke on meeting with staff regarding Harper Park, spoke on behavioral health and a policy on 5150 procedures, spoke on Gregory Gaef a homeless resident of District 6 who recently passed away, and requested to adjourn the meeting in his honor.
Mayor Pro Tem Chavez thanked the members of United Food and Commercial Workers Union (UFCW) for attending the meeting and speaking, requested the City Manager research the Long Beach City ordinance, spoke on attending the Goodwill Donation Center Grand Opening, spoke on attending Side Car Cafe closure with Council Member Reynolds and recognizing their years of service, spoke on the fair housing workshop on March 19 th, spoke on the Rise and Shine town hall meeting at the Senior Center with Fire Chief Stefano, and spoke on the Bark Bash on March 22nd.
Mayor Stephens thanked United Food and Commercial Workers Union (UFCW) members for attending, spoke on the skate park meeting, and spoke on the passing of Fran Ursini, founder of Newport Rib Company and adjourning the meeting in memory of him.
REPORT – CITY MANAGER – Ms. Farrell Harrison introduced Paul Martin as the new Transportation Services Manager, referred the Police Department matter to the City Attorney for follow up, responded to Council Member Reynolds request for an update on the residential permit parking program, spoke on the Long Beach ordinance regarding the issues brought up by the United Food and Commercial Workers Union (UFCW), spoke on the maintenance of the palm trees, spoke on conducting a traffic study and looking into safety or calming measures for Towne Street, spoke on the Legislative Review Committee and the process, responded to Council Member Buley’s request for the Finance and Pension Advisory Committee participation in the budget process, and expressed condolences regarding all of the adjournment requests for the meeting.
REPORT – CITY ATTORNEY – Ms. Hall Barlow spoke on the police incident brought up during public comment and gave her phone number to the caller to reach out to her. 58 Minutes – Regular Meeting March 18, 2025 Page 4 of 10
CONSENT CALENDAR
MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Marr
MOTION: Approve the Consent Calendar except for item no. 7.
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: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife working at Priceless Pets, and 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: Angel Cronan, Aiden Cronan, Joseph Miner, Kitty O’Neill, Stephen Scoles, Catherine Joy Warren, Nona Wolverton.
3. ADOPTION OF WARRANT RESOLUTION
Council Member Gameros recused himself on the item due to his wife working at Priceless Pets.
Mayor Stephens recused himself on the item due to campaign contributions received from Ware Disposal.
ACTION:
City Council approved Warrant Resolution No. 2730.
4. MINUTES
ACTION:
City Council approved the minutes of the regular meeting of March 4, 2025. 59 Minutes – Regular Meeting March 18, 2025 Page 5 of 10
5. RESOLUTION AUTHORIZING STREET CLOSURES FOR THE 2025 ORANGE
COUNTY MARATHON RUNNING FESTIVAL
ACTION:
City Council adopted Resolution No. 2025-03, designating event routes for the 2025 Orange County (OC) Marathon Running Festival and approving the temporary street closures for May 3, 2025 and May 4, 2025, as requested for the 2025 OC Marathon Running Festival.
6. COSTA MESA POLICE DEPARTMENT FLOOR REPLACEMENT PROJECT, CITY PROJECT NO. 24-05
ACTION:
1. City Council awarded a Public Works Agreement (PWA) in the amount of $335,000 to Interior Resources, Inc., 1761 Reynolds Ave., Irvine, CA 92614 to refloor the interior of the Costa Mesa Police Department building.
2. Authorized an additional ten percent (10%) contingency in the amount of $33,500 as needed for any unforeseen costs related to the project.
3. Authorized the City Manager and City Clerk to execute the PWA and any future amendments to the agreement within Council authorized limits.
ITEMS PULLED FROM THE CONSENT CALENDAR
7. 2024 6TH CYCLE HOUSING ELEMENT ANNUAL PROGRESS REPORT Council Member Pettis inquired on low-income rents and spoke on state mandates and voicing views on legislation.
Public Comments: None.
MOVED/SECOND: Mayor Pro Tem Chavez/ 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:
City Council received and filed the 2024 6th Cycle Housing Element Annual Progress Report (APR) for submittal to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Land Use and Climate Innovation (LUCI), formerly known as the Office of Planning and Research (OPR). 60 Minutes – Regular Meeting March 18, 2025 Page 6 of 10 -------------------------------------END OF CONSENT CALENDAR--------------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. FIRST READING OF AN ORDINANCE TO AMEND TITLE 13 OF THE COSTA MESA
MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS TO
CONFORM TO RECENT REVISIONS TO STATE LAW (CODE AMENDMENT PCTY-24-0002)
Presentation by Mr. Yeager, Senior Planner.
Public Comments:
Speaker, inquired if the ADU’s would have separate addresses or share with the main house.
Speaker, spoke on the state mandates, single-family neighborhoods, and on standards so neighbors are not impacted.
Marc Vukcevich expressed support for housing affordability, the need to build more housing, and facilitating the construction of ADU’s.
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Chavez MOTION: Approve staff recommendation with the following changes:
In Section 13-35(b)(1) to allow for ADU’s in non-residential zones if the ADUs are located on properties with approved master plan permitted for residential use. This would allow for ADUs in the various residential developments with underlying commercial and industrial zones in Westside Costa Mesa. Sections 13-35(d)(12)(b) through (d)(16) are proposed to be renumbered. Clarify ADU provisions and standards pertaining to driveway removal is permissive and not mandatory.
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:
The City Council introduced for first reading, by title only, Ordinance No. 2025-02 approving Code Amendment PCTY-24-0002, amending Title 13 of the Costa Mesa Municipal Code (CMMC) pertaining to ADUs.
City Council recessed into a break at 8:23 p.m.
City Council reconvened at 8:38 p.m.
61 Minutes – Regular Meeting March 18, 2025 Page 7 of 10
2. AFFORDABLE HOUSING / DISPOSITION AND DEVELOPMENT AGREEMENT AND
GROUND LEASE, SUBDIVISION OF THE SUBJECT PROPERTY INTO TWO
PARCELS, AND MASTER PLAN WITH DENSITY BONUS, FOR THE
DEVELOPMENT OF A 70-UNIT SENIOR AFFORDABLE MULTI-FAMILY
RESIDENTIAL PROJECT LOCATED ON A PORTION OF THE SENIOR CENTER PARKING LOT AT 695 WEST 19TH STREET
Presentation by Mr. Mendez, Senior Planner.
Public Comments:
Christine Nolf, Costa Mesa, spoke in support of the project.
County Supervisor Katrina Foley, Representing the 5 th District, thanked the Costa Mesa Fire Department for their service, spoke in favor of the project and spoke on the County’s investment of funds to the project and spoke on low and very-low-income units.
Alejandro Santiago, United Way, spoke in support of the project.
Steve McNally, Costa Mesa, spoke on the work of Jamboree Housing, continuing to establish a relationship with Cal-Optima, and spoke on the need for senior housing.
Betsy Densmore spoke in support of the project.
Speaker, spoke in support of the project.
Speaker, spoke on using the Senior Center services, spoke on potential hardships during construction, spoke on shuttle services, and requested using the commuter bus.
Speaker, expressed concern on the location and reduced parking, the driveway location next to bus stop, parking impacts to neighborhoods, spoke on mental illness, and spoke on duplicate amenities at the Senior Center.
Marc Vukcevich spoke in support of the project, expressed concerns on the amount of parking in a pedestrian opportunity zone, inquired on lower rent if parking is not utilized, and spoke in opposition of the driveway on 19th Street.
Kathy Esfahani, Affordable Housing Coalition, spoke in support of the project.
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve Planning Commission recommendation.
Mayor Pro Tem Chavez requested to add that staff will work to eliminate all blind spots from the 19th street ingress and egress.
Mayor Stephens agreed to the addition.
62 Minutes – Regular Meeting March 18, 2025 Page 8 of 10 Council Member Reynolds requested the following additions:
Remove the palm tree requirement and replace with a canopy tree.
Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the change. Add language to require that sidewalk space is protected from vehicle encroachment.
Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the change. Add language that bike lockers can be provided upon approval of planning staff.
Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the change. Review the external bike rack location to ensure appropriate spacing so that parked bikes do not interfere with sidewalk circulation.
Mayor Stephens (1st) and Mayor Pro Tem Chavez (2nd) agreed to the change.
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve Planning Commission recommendation with the following changes:
Staff to work to eliminate all blind spots from the 19th street ingress and egress. Remove the palm tree requirement and replace with a canopy tree. Add language to require that sidewalk space is protected from vehicle encroachment.
Add language that bike lockers can be provided upon approval of Planning Staff. Review the external bike rack location to ensure appropriate spacing so that parked bikes do not interfere with sidewalk circulation.
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 found the project categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15332 (Class 32), In-Fill Development Projects.
2. Approved the Affordable Housing / Disposition and Development Agreement (AH/DDA) (including a Regulatory Agreement) and Ground Lease, subject to such non-substantive changes as may be approved by the City Manager and City Attorney.
63 Minutes – Regular Meeting March 18, 2025 Page 9 of 10
3. Approved the Master Plan (PMAP-24-0001) with Density Bonus, and Tentative Parcel Map 2023-160.
4. Directed staff to work to eliminate all blind spots from the 19 th street ingress and egress, remove the palm tree requirement and replace with a canopy tree, add language to require that sidewalk space is protected from vehicle encroachment, add language that bike lockers can be provided upon approval of Planning Staff, and review the external bike rack location to ensure appropriate spacing so that parked bikes do not interfere with sidewalk circulation.
OLD BUSINESS: NONE.
NEW BUSINESS: NONE.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
ADJOURNMENT – Mayor Stephens adjourned the meeting at 10:22 p.m. in memory of Police Officers Ketchum and Libolt, Huy Pham, Fran Ursini, and Gregory Gaef. 64 Minutes – Regular Meeting March 18, 2025 Page 10 of 10 Minutes adopted on this 1st day of April, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
65 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-241 Meeting Date: 4/1/2025
TITLE:
DESIGNATION OF CITY NEGOTIATORS FOR THE COSTA MESA POLICE MANAGEMENT
ASSOCIATION (CMPMA), THE COSTA MESA POLICE ASSOCIATION (CMPA) AND THE COSTA MESA CITY EMPLOYEES’ASSOCIATION (CMCEA) LABOR NEGOTIATIONS PROCESSES AND
AUTHORIZATION TO PROCEED WITH THE FINANCIAL ANALYSIS OF THE CURRENT
MEMORANDUMS OF UNDERSTANDING (MOU) PER THE TRANSPARENCY IN LABOR
NEGOTIATIONS COUNCIL POLICY
DEPARTMENT: CITY MANAGER’S OFFICE- HUMAN RESOURCES DIVISION PRESENTED BY: KASAMA LEE, HUMAN RESOURCES MANAGER
CONTACT INFORMATION: KASAMA LEE, HUMAN RESOURCES MANAGER (714) 754- 5169
RECOMMENDATION:
Staff recommends the City Council:
1. Designate City Manager Lori Ann Farrell Harrison as the City’sPrincipal Negotiator, Assistant City Manager Cecilia Gallardo Daly, Deputy City Manager Alma Reyes, Human Resources Manager Kasama Lee and Finance Director Carol Molina as the City’srepresentatives in negotiations with the CMPMA, CMPA and CMCEA.
2. Authorize staff to have the independent fiscal analysis of the current CMPMA, CMPA and CMCEA MOUs completed per the requirements of the Transparency in Labor Negotiations Council Policy.
BACKGROUND:
Per the Transparency in Labor Negotiations Council Policy (300-8), the City Council must designate a Principal Negotiator who “shall have extensive prior experience in negotiating public employee collective bargaining agreements and shall be free from any actual or potential conflict of interest with respect to the bargaining unit.” The City shall also be represented by legal counsel whether or not legal counsel is designated as the Principal Negotiator.
The City Council and/or Principal Negotiator may also designate additional employee(s) to be present during negotiations and to assist the Principal Negotiator as the City Council and/or Principal Negotiator deem appropriate.
66 File #: 25-241 Meeting Date: 4/1/2025
ANALYSIS:
The current Memorandums of Understanding for CMPMA, CMPA and CMCEA expire on June 30, 2025. Representatives from CMPMA, CMPA and CMCEA have requested the City begin discussions on a successor MOU.
Staff recommends that City Council designate City Manager Lori Ann Farrell Harrison as the City’s Principal Negotiator, Assistant City Manager Cecilia Gallardo Daly, Deputy City Manager Alma Reyes, Human Resources Manager Kasama Lee, and Finance Director Carol Molina as the City’s representatives in negotiations with the CMPMA, CMPA and CMCEA. Staff also recommends that Liebert Cassidy Whitmore Partner Peter Brown serve as legal counsel during the negotiations process.
Furthermore, Section 2 Economic Analysis of the policy requires that the Finance Director prepare an economic analysis that must be verified by an independent auditor. Staff recommends that the City Council authorize staff to have the independent fiscal analysis of the current CMPMA, CMPA and CMCEA MOUs completed per the requirements of the policy.
ALTERNATIVES:
An alternative is to propose other designated representative(s).
FISCAL REVIEW:
The funding for this council action is budgeted in the Fiscal Year 2024-25 Operating Budget in the General Fund (Fund 101) for outside legal counsel for negotiations.
LEGAL REVIEW:
The City Attorney’s Office has reviewed the report and approved as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Recruit and Retain High Quality Staff
· Strengthen the Public’s Safety and Improve the Quality of Life. · Achieve Long-Term Fiscal Sustainability
CONCLUSION:
Staff recommends the City Council:
1. Designate City Manager Lori Ann Farrell Harrison as the City’sPrincipal Negotiator, Assistant City Manager Cecilia Gallardo Daly, Deputy City Manager Alma Reyes, Human Resources Manager Kasama Lee and Finance Director Carol Molina as the City’srepresentatives in negotiations with the CMPMA, CMPA and CMCEA.
2. Authorize staff to have the independent fiscal analysis of the current CMPMA, CMPA, CMCEA MOUs completed per the requirements of the Transparency in Labor Negotiations Council Policy.
67 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-210 Meeting Date: 4/1/2025
TITLE:
APPROVE INCREASE IN PURCHASING AUTHORITY WITH PIVOT SOLUTIONS DEPARTMENT: PUBLIC WORKS DEPARTMENT/GENERAL SERVICES
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. Approve and authorize the City Manager to execute change orders with Pivot Solutions LLC, dba: Maaco Store that would authorize an increase in purchase authority to $200,000 for vehicle paint and body repair services for the remainder of the current fiscal year and annually thereafter.
2. Approve an appropriation of $100,000 in the Equipment Replacement Fund (Fund 601) fund balance for additional paint and body repair services.
BACKGROUND:
In order to maintain and repair over 300 items consisting of equipment, vehicles, and emergency response apparatus, the Equipment Maintenance section of the Public Works Department has secured a purchase order for services with Pivot Solutions LLC. The agreement, with an authorization limit of $100,000, was executed through a formal bidding process that met all requirements set forth in the City of Costa Mesa Municipal Code, Section 2-164(c) and all requirements set forth by the State of California.
ANALYSIS:
The Equipment Maintenance section has seen a significant increase in the number of vehicles requiring paint and body services as well as an increase in the types of services for each vehicle. As of today, the City has nearly expended its current contract and has vehicles in the queue for upcoming repair and services Additionally, the repair costs for new police interceptors are significantly higher than the older vehicles that were previously projected. The current $100,000 limit does not provide sufficient funding for all needed repairs for the current fiscal year.
Increasing the purchasing authority in the contract will allow the City to continue to provide services through the agreement with Pivot Solutions for the repair and paint of vehicles for the remaining fiscal year. Staff requests an increase to the purchase order to $200,000 that is based on current costs and
68 File #: 25-210 Meeting Date: 4/1/2025
staff projects this increase will provide sufficient funding to address current and future needs.
ALTERNATIVES:
The City Council could choose to not approve the increase in contract authority to the above referenced purchase orders. However, this alternative is not recommended as it would severely impact public safety and daily City operations.
FISCAL REVIEW:
The increase in the purchasing authority with Pivot Solutions for paint and body repair services will be funded by the Equipment Replacement Fund (601) undesignated fund balance. This appropriation will provide sufficient funding for the City to address current and future needs for requested services for this fiscal year. For future fiscal years, proposed budgets will take into account the increased need and costs for these services.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and approves it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life. · Maintain and Enhance the City’s Facilities, Equipment and Technology.
CONCLUSION:
Staff recommends the City Council:
1. Approve and authorize the City Manager to execute change orders with Pivot Solutions LLC, dba: Maaco Store that would authorize an increase in purchase authority to $200,000 for vehicle paint and body repair services for the remainder of the current fiscal year and annually thereafter.
2. Approve an appropriation of $100,000 from the Equipment Replacement Fund (Fund 601) fund balance for additional paint and body repair services.
69 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-226 Meeting Date: 4/1/2025
TITLE:
ACCEPTANCE OF THE POLICE DEPARTMENT RANGE REMODEL AND UPGRADES PROJECT, CITY PROJECT NO. 22-03
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5335 RECOMMENDATION:
Staff recommends the City Council:
1. Accept the work performed by Kazoni Construction, Inc., 20371 Irvine Ave. Ste. 120, Newport Beach, CA 92660, for the Police Department Range Remodel and Upgrades Project, City Project No. 22-03, and authorize the City Clerk to file the Notice of Completion.
2. Authorize 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 at the conclusion of the one (1) year warranty period.
BACKGROUND:
On July 19, 2022, a construction contract in the amount of $1,931,077 was awarded to Kazoni Construction, Inc. for the construction of the Costa Mesa Police Department (CMPD) Range Remodel and Upgrades Project.
Located in the basement of the CMPD, the original indoor firearms range was in poor condition with obsolete and inoperable equipment. A CMPD Range Remodel and Upgrades project was approved for design during Fiscal Year 2020-21 and approved for construction during Fiscal Year 2021-22. The project began construction in November 2022.
Project improvements included upgrading the existing indoor police range, improving police range targeting systems, and replacing police range exhaust & supply air systems. As part of the range upgrades, additional improvements in the basement associated with the range included the Range Master’s office, cleaning room, and range storage area. Accessibility enhancements included upgrades to the men’sand women’srestrooms and locker rooms, paving and striping improvements in the front parking lot of the Police Department, as well as a newly installed and fully functional elevator for the Police Department building.
70 File #: 25-226 Meeting Date: 4/1/2025
The construction is now complete and is ready to be accepted by the City Council.
ANALYSIS:
The work required by the contract documents was completed on December 4, 2024, to the satisfaction of the Deputy Director of Public Works and the City Engineer. The final contract cost amounted to $1,975,627.66. A report of the final costs is included as Attachment 1.
A summary of the costs are as follows:
Initial Contract Cost: $ 1,931,077.00
Final Quantity Adjustments: $ 44,550.66
Final Contract Cost: $ 1,975,627.66
The final contract cost reflects a 2.3% increase to the original contract as a result of final quantity adjustments.
As of this date, there are no Stop Notices filed against the monies due to Kazoni Construction, Inc.
Therefore, staff recommends that the City Council accept this project as complete and authorize the City Clerk to file the Notice of Completion.
71 File #: 25-226 Meeting Date: 4/1/2025
ALTERNATIVES:
This item is administrative in nature and there are no alternatives to be considered.
FISCAL REVIEW:
The project was part of the Capital Improvement Program over the course of three fiscal years (FY 22-23, FY 23-24, FY 24-25) and funded by the Capital Improvement Fund (Fund 401). The total contract amount for this project was estimated at $1,931,077 and actual costs came in at $1,975,627.66, a 2.3% increase due to final adjustments.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and approves it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project worked towards achieving the following City Council goals:
· Strengthen the Public’s Safety and Improve the Quality of Life. · Maintain and Enhance the City’s Infrastructure, Facilities, Equipment, and Technology.
72 File #: 25-226 Meeting Date: 4/1/2025
CONCLUSION:
Staff recommends the City Council:
1. Accept the work performed by Kazoni Construction, Inc., 20371 Irvine Ave. Ste. 120, Newport Beach, CA 92660, for the Police Department Range Remodel and Upgrades Project, City Project No. 22-03, and authorize the City Clerk to file the Notice of Completion.
2. Authorize the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date, release the Labor and Material Bond seven (7) months after the filing date, and release the Faithful Performance Bond at the conclusion of the one (1) year warranty period.
73 CITY OF COSTA MESA
PROJECT COST SUMMARY
Contractor: KAZONI CONSTRUCTION
20371 Irvine Ave Ste 120, Newport Beach, CA 92660
Project: COSTA MESA PD INDOOR RANGE UPGRADES
CITY PROJECT 22-03
ITEM
NO DESCRIPTION COST
ORIGINAL CONTRACT VALUE
PD INDOOR RANGE UPGRADES ORIGINAL CONTRACT VALUE: 1,931,077.00$
PROJECT COSTS
1 MOBILIZATION, OVERHEAD, BONDING, AND STATED PROFIT 228,470.07$ 2 HAZMAT 24,959.83$
3 CLEAN-UP 11,600.00$
4 CONCRETE 16,600.00$
5 STEEL 94,251.89$
6 ELECTRICAL 123,251.17$
7 PLUMBING 57,933.40$
8 FIRE LIFE SAFTEY 76,860.29$
9 ADA SITE WORK 10,100.00$
10 LULA ELEVATOR 246,026.19$
11 ADA RESTROOM UPGRADES 8,024.37$
12 RANGE UPGRADES 464,666.95$
13 OFFICES/CLEANING ROOM 5,811.47$
14 FRAMING/DRYWALL/INSULATION 107,822.00$
15 FLOORING 43,350.00$
16 DOOR/FRAMES/HARDWARE 34,400.00$
17 ACCUSTICAL CEILING 64,249.50$
18 MILLWORK 30,984.00$
19 RESTROOM ADA 23,242.00$
20 HVAC 218,129.02$
21 ROOFING 24,090.00$
22 PAINTING 18,400.00$
23 SIGNAGE 7,875.00$
24 CCTV 34,530.51$
TOTAL PROJECT COST: 1,975,627.66$
CONTRACT CHANGE ORDER
CCO#1 Modification of shooting range exhaust system CCO#1: 44,550.66$
FINAL COST SUMMARY
ATTACHMENT 1 74
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-231 Meeting Date: 4/1/2025
TITLE:
SECOND AMENDMENT TO THE CITYWIDE TRAFFIC SIGNAL MAINTENANCE CONTRACT DEPARTMENT: PUBLIC WORKS DEPARTMENT / TRANSPORTATION
SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: RAMIN NIKOUI, SENIOR ENGINEER (714) 754-5184 RECOMMENDATION:
Staff recommends the City Council:
1. Approve the Second Amendment to the Maintenance Services Agreement (MSA) with Yunex, LLC to provide maintenance of the City’straffic signals, increasing the annual compensation limit by $200,000, for an annual not to exceed amount of $700,000.
2. Authorize the City Manager and the City Clerk to execute the agreement and future amendments to the agreement.
BACKGROUND:
On May 3, 2022, the City Council awarded an MSA with Yunex, LLC to perform routine and extraordinary traffic signal maintenance services for the City’s traffic operations equipment. The contract term is for three (3) years with two (2) one-year renewal options for a total of five years with an annual not to exceed amount of $400,000.
On April 2, 2024, the City Council amended the MSA with Yunex, LLC (Attachment 2) to increase the annual not to exceed amount by $100,000. The increased budget was to offset the increase in maintenance cost and the installation of additional traffic safety improvements. Currently, the City is in the third year of the initial term of the signal maintenance contract with an annual amount not to exceed $500,000 and a 10% contingency. The City would like to further increase the annual compensation limit on the contract going forward to have the ability to do all the necessary repairs and maintenance work on the City’s traffic signal infrastructure.
ANALYSIS:
Yunex, LLC has successfully provided reliable and continuous traffic signal maintenance services to the City for the past ten years. The necessary services include the performance of “routine”as well as “extraordinary”maintenance of the City’s131 traffic signals, four (4) pedestrian hybrid beacons/fire station signals (HAWK), ten (10) rectangular rapid flashing beacons (RRFB), 52 radar speed feedback signs, four (4) flashing crosswalks, 49 Closed Circuit Television cameras, seventeen (17)
75 File #: 25-231 Meeting Date: 4/1/2025
feedback signs, four (4) flashing crosswalks, 49 Closed Circuit Television cameras, seventeen (17) battery backup systems, ten (10) school warning flashers, and approximately 36 miles of underground communications cable and associated hardware. The City recently added rectangular rapid flashing beacons at three (3) pedestrian crossings, two (2) new radar speed feedback signs, twelve (12) new street name signs, and one (1) new traffic signal cabinet.
The City’sTransportation Services Division has seen a significant increase in the cost of traffic signal equipment over the past year. This increase is due to several factors, including the rising costs of raw materials, supply chain disruptions, freight costs and economic factors, as well as an increase in the number of repairs resulting from costly traffic collisions with the City’ssignal infrastructure, including signal poles and signal cabinets. The City’straffic signal infrastructure and equipment are also aging, requiring more frequent repairs. The current compensation limit on the existing contract is not adequate to be able to repair, replace, and maintain the City’ssignal infrastructure. In addition, the City has added new traffic signals, HAWK signals and RRFB locations throughout the City, requiring additional ongoing maintenance costs.
During the second half of the 2024 calendar year, the City experienced above average expenses for signal Call Outs, which are defined as immediate repairs required at signalized intersections. These repairs include replacing signal lights, addressing detector issues, servicing cameras, and performing other necessary traffic signal maintenance to ensure public safety. The average cost of Call Outs during this period was 43% higher than in the first half of 2024.
Expenses for signal knockdowns also increased significantly during the second half of the 2024 calendar year. These expenses are incurred when traffic signal infrastructure, such as poles, cabinets, and signal heads, are damaged due to vehicle collisions. The total expenses for this period more than doubled compared to the first half of 2024. Due to the high cost of repairs for certain collisions, an increase in the spending limit will be necessary to offset these expenses.
With the continued increase in maintenance costs, staff requests City Council approval of the Second Amendment to the MSA to increase the annual compensation limit by $200,000 to ensure continued maintenance of the City’s traffic signal infrastructure and operations.
ALTERNATIVES:
An alternative to awarding this agreement would be to reject the proposed amendment and redirect staff to proceed with the contract as is. This would require staff to reduce the maintenance of traffic signal equipment to preserve funding for urgent special requests and emergency responses. This alternative is not recommended as it would severely impact public safety and daily operations.
FISCAL REVIEW:
Funding for the amendment to the Maintenance Service Agreement with Yunex, LLC for traffic signal maintenance is available in the Public Works Department Fiscal Year 2024-25 Operating Budget in the General Fund (Fund 101) and Capital Improvement Program Fund (Fund 401).
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this agenda report, prepared the proposed Amendment to the MSA and approves them both as to form.
76 File #: 25-231 Meeting Date: 4/1/2025
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goals:
· Strengthen the public’s safety and improve the quality of life. · Maintain and enhance the City’s facilities, equipment and technology.
CONCLUSION:
Staff recommends the City Council:
1. Approve the Second Amendment (Attachment 1) to the Maintenance Services Agreement (MSA) with Yunex, LLC to provide maintenance of the City’straffic signals, increasing the annual compensation limit by $200,000, for an annual not to exceed amount of $700,000.
2. Authorize the City Manager and the City Clerk to execute the agreement and future amendments to the agreement.
77 ATTACHMENT 1
1 Yunex, LLC
Amendment Two
AMENDMENT NUMBER TWO TO
MAINTENANCE SERVICES AGREEMENT
WITH
YUNEX, LLC
This Amendment Number Two (“Amendment”) is dated April 1, 2025, (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”) and Yunex, LLC a Delaware limited liability company (“Consultant”).
WHEREAS, City and Consultant entered into an agreement on May 3, 2022 for Consultant to provide traffic signal maintenance services (the “Agreement”); and WHEREAS, City and Consultant originally established an annual not -to-exceed amount of $400,000; and
WHEREAS, City and Consultant modified the annual not -to-exceed amount to $500,000 with Amendment Number One; and
WHEREAS, City and Consu ltant desire to increase the annual not -to-exceed amount to $700,000.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The second sentence in section 2.1 of the Agreement is revised to state, “Contractor’s annual compensation shall not exceed $700,000.00 annually.”
2. All terms not defined herein shall have the same meaning and use as set forth in the Agreement.
3. All other terms, conditions, and provisions of the Agreement shall remain in full force and effect.
4. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.
CONSULTANT
________________________________ Date: __________________________ Signature
________________________________
Name and Title
78 ATTACHMENT 1
2 Yunex, LLC
Amendment Two
CITY OF COSTA MESA
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________ Date: __________________________ Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Shawn Mousavi
Associate Engineer
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
PURCHASING APPROVAL:
__________________________________ Date: __________________________ Carol Molina
Finance Director
79 80
81 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-229 Meeting Date: 4/1/2025
TITLE:
AUTHORIZE PURCHASE ORDER WITH LN CURTIS AND SONS FOR SMALL DOLLAR COMMODITY PURCHASES THAT CUMULATIVELY EXCEED $100,000 FOR PURCHASE OF
PERSONAL PROTECTIVE EQUIPMENT AND FIREFIGHTER EQUIPMENT DEPARTMENT: FIRE & RESCUE
PRESENTED BY: JASON PYLE, ASSISTANT FIRE CHIEF AND CATHLEEN
SERRANO, PURCHASING MANAGER
CONTACT INFORMATION: (714) 754-5155
RECOMMENDATION:
Staff recommends the City Council:
Authorize the City Manager to execute a purchase order with LN Curtis and Sons within the department’sFY 2024-25 approved operating budget for various small dollar commodity purchases not to exceed $125,000.
BACKGROUND:
The Fire and Rescue Department (CMFR) purchases Personal Protective Equipment (PPE) and Fire Fighting Equipment (FFE) supplies and equipment from a variety of vendors throughout the region who serve as the main suppliers of the tools and equipment specific to the fire service. The Department has utilized LN Curtis and Sons as one of the City’s consistent vendors for the acquisition of PPE and FFE for numerous years. The PPE and FFE are specific to services the Fire & Rescue Department provides.
The Department purchases a portion of its PPE and FFE with LN Curtis utilizing the League of Oregon Cities Contract number PS20060 (Attachment 1). The Department’suniforms, turnouts and personal protective equipment are essential to the level of services the Department provides. In addition, these items ensure that firefighter personnel have the proper gear and equipment necessary to execute their duties.
ANALYSIS:
Through Section 2-165 of the Costa Mesa Municipal Code, the City retains the option to purchase goods, supplies and services through cooperative agreements to receive competitive pricing. Utilizing cooperative agreements meets the requirements set forth in the City’sPurchasing Policy and the requirements set by the State of California and in regard to state, regional, and national cooperative procurement agreements.
While the individual purchases fall below $100,000 and are purchased from a cooperative agreement
82 File #: 25-229 Meeting Date: 4/1/2025
While the individual purchases fall below $100,000 and are purchased from a cooperative agreement (Attachment 1), they can sometimes cumulatively exceed $100,000 over the span of one year.
Individually, these purchases are in compliance with City purchasing policies; however, the cumulative amount for items purchased through the vendor annually requires City Council approval.
This fiscal year, the City opened a new recruitment which led to the hiring of eight new firefighter recruits. With the hiring of each recruit, there is a need for the outfitting and purchase of new turnouts and respective PPE for each probationary firefighter. Consequently, additional purchasing authority is necessary.
LN Curtis and Sons is one of a few vendors in the area that offer the specific items needed to fully outfit the eight firefighter recruits. The decision to select the preferred vendor is based on the simple criteria of the items needed, time frame to receive items, supply and demand, compliance with NFPA safety standards, warranty, and support, to name a few. Given the criteria listed and LN Curtis and Sons’offering all items needed within the desired time, compliance with NFPA safety standards, warranty and support, coupled with the ability to purchase from the cooperative agreement, makes LN Curtis the preferred vendor choice. The increase in the purchase order will allow the Department to meet its needs in providing the essential equipment for the eight new firefighter recruits.
CMFR purchases a significant amount of PPE and FFE utilizing the League of Oregon Cities Cooperative Agreement, Contract number PS20060 (attachment 1) awarded to LN Curtis and Sons.
ALTERNATIVES:
The City Council could choose to reject the proposed request for a PO with LN Curtis and Sons exceeding $100,000 to purchase fire turnouts, boots, PPE, and equipment. Consequently, this action would negatively impact the quick turnaround needs for fire uniforms and equipment and disrupt daily operations and services provided by the department.
FISCAL REVIEW:
Funding is available in the Fire and Rescue Department’sFiscal Year 2024-25 Operating Budget in the General Fund (Fund 101).
LEGAL REVIEW:
This item is administrative in nature.
CITY COUNCIL GOALS AND PRIORITIES:
Strengthen the public’s safety and improve the quality of life and Recruit and retain high-quality staff.
CONCLUSION:
Staff recommends the City Council:
Authorize the City Manager to execute a purchase order with LN Curtis and Sons within the department’sFY 2024-25 approved operating budget for various small dollar commodity purchases not to exceed $125,000.
83 Master Price Agreement
between
League of Oregon Cities and L.N. Curtis & Son
Contact Number PS20060
for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Effective March 26, 2020
84 Tenth Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Addition
This Amendment to the Master Price Agreement is entered into this 16th day of September 2024 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE).
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about October 26, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about December 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the Master Price Agreement on or about June 24, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fifth Amendment to the Master Price Agreement on or about July 15, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Sixth Amendment to the Master Price Agreement on or about September 29, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Seventh Amendment to the Master Price Agreement on or about August 30, 2023 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Eighth Amendment to the Master Price Agreement on or about October 26, 2023 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Ninth Amendment to the Master Price Agreement on or about December 4, 2023 and by this reference incorporated herein; and
WHEREAS, Vendor desires to add approximately 14 products to the price list on Attachment A as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about September 10, 2024, to add the new products to the price list on Attachment A; and
Docusign Envelope ID: B20D8BBA-6E91-47A3-BB69-AAFA489E1BD0 85 2
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product addition.
NOW, THEREFORE, Purchaser and Vendor enter into the following:
Docusign Envelope ID: B20D8BBA-6E91-47A3-BB69-AAFA489E1BD0 86 3
AMENDMENT TO MASTER PRICE AGREEMENT
1. Product Addition. Attachment A to the Master Price Agreement shall be amended in part to reflect the addition of the following products:
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
SUPPLIER PRODUCT
DISCOUNT
OFF LIST CONTRACT CATEGORY
Amer Sports (Salomon brand only) Uniforms 14% PPE Category 03. EMS and General Fire Garments Blauer Uniforms 10% PPE Category 03. EMS and General Fire Garments Edward Garments Uniforms 5% PPE Category 03. EMS and General Fire Garments Elbeco Uniforms 20% PPE Category 03. EMS and General Fire Garments Fechheimer (Flying Cross brand only) Uniforms 30% PPE Category 03. EMS and General Fire Garments Fechheimer (Vertx brand only) Uniforms 20% PPE Category 03. EMS and General Fire Garments First Tactical Uniforms 20% PPE Category 03. EMS and General Fire Garments Hero's Pride
Badges and
ID Cards 10% PPE Category 03. EMS and General Fire Garments Midway Caps
Uniforms,
Caps 5% PPE Category 03. EMS and General Fire Garments
Propper Uniforms 30% PPE Category 03. EMS and General Fire Garments Samuel Broome Duty Gear 5% PPE Category 03. EMS and General Fire Garments SanMar (CornerStone brand only) Uniforms 10% PPE Category 03. EMS and General Fire Garments Spiewak Uniforms 30% PPE Category 03. EMS and General Fire Garments Wolverine Worldwide (Bates brand
only) Uniforms 10% PPE Category 03. EMS and General Fire Garments
Docusign Envelope ID: B20D8BBA-6E91-47A3-BB69-AAFA489E1BD0 87 4
2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020, shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________
BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________
BY:
ITS:
Docusign Envelope ID: B20D8BBA-6E91-47A3-BB69-AAFA489E1BD0 Director of Customer Service
September 18, 2024 | 10:42 AM PDT
Angela Mackey
Patricia M. Mulvihill
Executive Director
September 19, 2024 | 8:31 AM PDT
88 Ninth Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Addition
This Amendment to the Master Price Agreement is entered into this 4th day of December 2023 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE).
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about October 26, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about December 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the Master Price Agreement on or about June 24, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fifth Amendment to the Master Price Agreement on or about July 15, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Sixth Amendment to the Master Price Agreement on or about September 29, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Seventh Amendment to the Master Price Agreement on or about August 30, 2023 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Eighth Amendment to the Master Price Agreement on or about October 26, 2023 and by this reference incorporated herein; and
WHEREAS, Vendor desires to add a product to Attachment A as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about November 28, 2023 to add the Kenetrek Boots product line to Attachment A; and
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product addition.
NOW, THEREFORE, Purchaser and Vendor enter into the following:
DocuSign Envelope ID: 75CA16A0-A742-4EB1-9A9D-15FD38B7044B 89 2
AMENDMENT TO MASTER PRICE AGREEMENT
1. Product Addition. Attachment A to the Master Price Agreement shall be amended in part to reflect the addition of the following product:
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
Brand Product Description Discount Off List Contract Category Kenetrek Boots Boots, Wildland 20% PPE Category 02. Wildland Firefighting Protective Gear
2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020, shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________
BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________
BY:
ITS:
DocuSign Envelope ID: 75CA16A0-A742-4EB1-9A9D-15FD38B7044B Director of Customer Service
Angela Mackey
December 4, 2023 | 5:13 PM PST
Patricia M. Mulvihill
December 4, 2023 | 6:05 PM PST
Executive Director
90 Eighth Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Addition
This Amendment to the Master Price Agreement is entered into this 17th day of October 2023 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE).
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about October 26, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about December 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the M aster Price Agreement on or about June 24, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fifth Amendment to the Master Price Agreement on or about July 15, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Sixth Amendment to the Master Price Agreement on or about September 29, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Seventh Amendment to the Master Price Agreement on or about August 30, 2023 and by this reference incorporated herein; and
WHEREAS, Vendor desires to add a product to Attachment A as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about October 11, 2023 to add the Ram Air Gear Dryers product line to Attachment A; and
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product addition.
NOW, THEREFORE, Purchaser and Vendor enter into the following:
DocuSign Envelope ID: 342589DE-EA29-40A7-BBEF-0E5173A7D741 91 2
AMENDMENT TO MASTER PRICE AGREEMENT
1. Product Addition. Attachment A to the Master Price Agreement shall be amended in part to reflect the addition of the following product:
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
Brand Product Description Discount
Off List Contract Category
Ram Air Gear Dryers Garment & Equipment Washing Machines 5% PPE Category 09. Protective Garment and Equipment Laundry Machines
2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020, shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its ent irety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________
BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________
BY:
ITS:
DocuSign Envelope ID: 342589DE-EA29-40A7-BBEF-0E5173A7D741 October 20, 2023 | 2:09 PM PDT
Director of Customer Service
Angela Mackey
Executive Director
Patricia M. Mulvihill
October 26, 2023 | 10:54 AM PDT
92 Seventh Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Additions and Brand Name Change
This Amendment to the Master Price Agreement is entered into this 24th day of August 2023 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE).
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about October 26, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about December 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the M aster Price Agreement on or about June 24, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fifth Amendment to the Master Price Agreement on or about July 15, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Sixth Amendment to the Master Price Agreement on or about September 29, 2022 and by this reference incorporated herein; and
WHEREAS, Vendor desires to add three product lines to Attachment A as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor desires to update the brand name of one product line to Attac hment A as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about August 11, 2023 to add the Globe accessories product line and the Avon/Team Wendy product line to Attachment A in the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about August 17, 2023 to change the ECMS Inc. brand name to CurtisCare to Attachment A in the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about August 29, 2023 to add the INNOTEX product line to Attachment A in the Master Price Agreement; and
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the two product additions and the brand name change.
DocuSign Envelope ID: B2BA165C-2545-48EF-ABE2-E3ACF3654F2F 93 2
NOW, THEREFORE, Purchaser and Vendor enter into the following:
DocuSign Envelope ID: B2BA165C-2545-48EF-ABE2-E3ACF3654F2F 94 3
AMENDMENT TO MASTER PRICE AGREEMENT
1. Product Addition. Attachment A to the Master Price Agreement shall be amended in part to reflect the addition of the following product lines:
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
Brand Product Description Discount Off List Contract Category Avon/Team Wendy Body Armor (Ballistic Helmets) 5% LE Category 1A. Equipment Globe Accessories 10%
INNOTEX Hoods 10%
2. Product Line Name Change. Attachment A to the Master Price Agreement shall be amended in part to reflect the product line name change from ECMS Inc. to CurtisCare:
Brand Product Description Discount Off List Contract Category ECMS Inc
CurtisCare Care & Maintenance, PPE Net PPE Category 08 Maintenance and Cleaning Services
3. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020, shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its ent irety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________
BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________
BY:
ITS:
DocuSign Envelope ID: B2BA165C-2545-48EF-ABE2-E3ACF3654F2F August 30, 2023 | 10:16 AM PDT
Director of Customer Service
Angela Mackey
August 30, 2023 | 10:21 AM PDT
General Counsel
Jayme Pierce
95 Sixth Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Addition
This Amendment to the Master Price Agreement is entered into this 28th day of September 2022 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE).
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about October 26, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about December 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the Master Price Agreement on or about June 24, 2022 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fifth Amendment to the Master Price Agreement on or about July 15, 2022 and by this reference incorporated herein; and
WHEREAS, Vendor desires to add a product to Attachment A as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about September 27, 2022, to add product Circul-Air to PPE Category 09: Protective Garment and Equipment Laundry Machines found in Attachment A in the Master Price Agreement; and
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product addition.
NOW, THEREFORE, Purchaser and Vendor enter into the following:
DocuSign Envelope ID: F8464B93-AA82-4F3E-9A68-D926F7FE85B9 96 AMENDMENT TO MASTER PRICE AGREEMENT
1. Product Addition. Attachment A to the Master Price Agreement shall be amended in part to reflect the addition of the following product:
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
CURTIS LOC/NPPGov Firefighter Personal Protective Equipment Product Catalog Brand Product Description Discount Off List Contract Category Circul-Air Garment & Equipment
Washing Machines
5% PPE Category 09. Protective Garment and
Equipment Laundry Machines
DocuSign Envelope ID: F8464B93-AA82-4F3E-9A68-D926F7FE85B9 97 3
2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020, shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its enti rety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________ BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________ BY:
ITS:
DocuSign Envelope ID: F8464B93-AA82-4F3E-9A68-D926F7FE85B9 Director, Special Programs
September 28, 2022 | 1:42 PM PDT
Nick Lawrence
Interim Executive Director
September 29, 2022 | 1:23 PM PDT
Patty Mulvihull
98 Fifth Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Contract Category Update
This Amendment to the Master Price Agreement is entered into this 13th day of July, 2022 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE).
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about October 26, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about December 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Fourth Amendment to the Master Price Agreement on or about June 24, 2022 and by this reference incorporated herein; and
WHEREAS, Vendor desires to update the product Contract Category for Rescue Intellitech from PPE Category 09. Protective Garment and Equipment Laundry Machines to PPE Category 08.
Maintenance and Cleaning Services as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about July 12, 2022, to update the product Contract Category for the Rescue Intellitech decontamination cleaning system in Attachment A in the Master Price Agreement; and
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the updated Contract Category.
NOW, THEREFORE, Purchaser and Vendor enter into the following:
DocuSign Envelope ID: B835900C-ADC1-42A0-9D16-6BEBA6E469EB 99 AMENDMENT TO MASTER PRICE AGREEMENT
1. Product Contract Category Update. Attachment A to the Master P rice Agreement shall be amended in part to reflect the following the new Contract Cat egory for the Rescue Intellitech product:
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
CURTIS LOC/NPPGov Firefighter Personal Protective Equipment Product Catalog Brand Product Description Discount Off List Contract Category Rescue Intellitech Garment and Equipment
Decontamination Systems
3% PPE Category 08. Maintenance and
Cleaning Services
DocuSign Envelope ID: B835900C-ADC1-42A0-9D16-6BEBA6E469EB 100
3 2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________ BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________ BY:
ITS:
DocuSign Envelope ID: B835900C-ADC1-42A0-9D16-6BEBA6E469EB July 13, 2022 | 2:27 PM PDT
Director, Special Programs
Nick Lawrence
July 15, 2022 | 6:19 AM PDT
Patty Mulvihull
Interim Executive Director
101
Fourth Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Line Discount Update
This Amendment to the Master Price Agreement is entered into this 21st day of June 2022 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of Fire Fighter Personal Protective Equipment (PPE). .
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about October 26, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Third Amendment to the Master Price Agreement on or about December 15, 2021 and by this reference incorporated herein; and
WHEREAS, Vendor desires to update the discount off list percentage for the PGI Wildland Clothing and PGI Wildland Hoods product lines as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about June 16, 2022, to update the discount off list percentage for the PGI Wildland product lines in the Master Price Agreement; and
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the discount off list percentage change.
NOW, THEREFORE, Purchaser and Vendor enter into the following:
DocuSign Envelope ID: A3B92D62-E0B8-4192-A103-9F5BDEB921BA 102
AMENDMENT TO MASTER PRICE AGREEMENT
1. Discount Off List Change . Attachment A to the Master P rice Agreement shall be amended in part to reflect the following discount off list change:
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
CURTIS LOC/NPPGov Firefighter Personal Protective Equipment Product Catalog FOB: Origin (add shipping)
Brand Product Description Discount Off List Contract Category PGI Clothing, Wildland 15%
20%
PPE Category 02. Wildland Firefighting Protective Gear
PGI Hoods, Wildland 5%
10%
PPE Category 02. Wildland Firefighting Protective Gear
DocuSign Envelope ID: A3B92D62-E0B8-4192-A103-9F5BDEB921BA 103
3 2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________ BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________ BY:
ITS:
DocuSign Envelope ID: A3B92D62-E0B8-4192-A103-9F5BDEB921BA June 21, 2022 | 11:02 AM PDT
Director, Special Programs
Nick Lawrence
Interim Executive Director
June 24, 2022 | 7:44 AM PDT
Patty Mulvihull
104
Third Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Line Addition
This Amendment to the Master Price Agreement is entered into this 14th day of December 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE).
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the Second Amendment to the Master Price Agreement on or about October 26, 2021 and by this reference incorporated herein; and
WHEREAS, Vendor desires to add a new product line to t he price list as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about November 24, 2021, to add Rescue Intellitech to the price list in the Master Price Agreement; and
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the product line addition.
NOW, THEREFORE, Purchaser and Vendor enter into the following:
DocuSign Envelope ID: 9444B020-5BCF-4473-80D7-F2452B69A550 105
AMENDMENT TO MASTER PRICE AGREEMENT
1. Product Addition. Attachment A to the Master P rice Agreement shall be amended in part to reflect the following product addition:
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
CURTIS LOC/NPPGov Firefighter Personal Protective Equipment Product Catalog Brand Product Description Discount Off List Contract Category Rescue
Intellitech
Garment and Equipment
Decontamination Systems
3% PPE Category 09. Protective Garment and Equipment
Laundry Machines
DocuSign Envelope ID: 9444B020-5BCF-4473-80D7-F2452B69A550 106
3 2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________ BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________ BY:
ITS:
DocuSign Envelope ID: 9444B020-5BCF-4473-80D7-F2452B69A550 Nick Lawrence
Director, Special Programs
December 15, 2021 | 1:40 PM PST
Mike Cully
Executive Director
December 15, 2021 | 1:45 PM PST
107
Second Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Line Discount Update
This Amendment to the Master Price Agreement is entered into this 22nd day of October 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE).
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Purchaser and Vendor entered into the First Amendment to the Master Price Agreement on or about July 15, 2021 and by this reference incorporated herein; and
WHEREAS, Vendor desires to update the discount off list percentage for the PGI Wildland Clothing and PGI Wildland Hoods product lines as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about October 19, 2021, to update the discount off list percentage for the PGI Wildland product lines in the Master Price Agreement; and
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the discount off list percentage change.
NOW, THEREFORE, Purchaser and Vendor enter into the following:
DocuSign Envelope ID: E6857844-AC3F-4AFB-BD90-0F4D92C5D20E 108
AMENDMENT TO MASTER PRICE AGREEMENT
1. Discount Off List Change. Attachment A to the Master P rice Agreement shall be amended in part to reflect the following discount off list change:
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
CURTIS LOC/NPPGov Firefighter Personal Protective Equipment Product Catalog FOB: Origin (add shipping)
Brand Product Description Discount Off List Contract Category PGI Clothing, Wildland 20%
15%
PPE Category 02. Wildland Firefighting Protective Gear
PGI Hoods, Wildland 10%
5%
PPE Category 02. Wildland Firefighting Protective Gear
DocuSign Envelope ID: E6857844-AC3F-4AFB-BD90-0F4D92C5D20E 109
3 2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________ BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________ BY:
ITS:
DocuSign Envelope ID: E6857844-AC3F-4AFB-BD90-0F4D92C5D20E Nick Lawrence
October 26, 2021 | 3:19 PM PDT
Director, Special Programs
Executive Director
Mike Cully
October 26, 2021 | 4:22 PM PDT
110
First Amendment to Master Price Agreement for
FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE)
Product Discount Change
This Amendment to the Master Price Agreement is entered into this 15th day of July, 2021 by LEAGUE OF OREGON CITIES LOC (“Purchaser”) and L.N. CURTIS & SON (“Vendor”) based upon the sales and/or service of FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE).
RECITALS
WHEREAS, Purchaser and Vendor entered into a Master Price Agreement numbered PS20060 on or about March 27, 2020 and by this reference incorporated herein; and
WHEREAS, Due to a change in the business relationship between Vendor and supplier, Vendor request to decreases the discount off list percentage from 5% to 2% for three Tech Trade products as permitted under the terms of the Master Price Agreement; and
WHEREAS, Vendor has provided notice, on or about June 10, 2021, to update the discount off list percentage for three Tech Trade products in the Master Price Agreement; and
WHEREAS, Purchaser and Vendor desire that the Master Price Agreement shall be amended in part to reflect the new discount off list percentage.
NOW, THEREFORE, Purchaser and Vendor enter into the following:
DocuSign Envelope ID: A9E701CC-C62C-4265-9BF8-429A00BB2791 111
AMENDMENT TO MASTER PRICE AGREEMENT
1. Product Discount Change. Attachment A to the Master Price Agreement shall be amended in part to reflect the following product addition:
Supplier Product Old Discount
Off List
New Discount
Off List Contract (Product) Category
Tech Trade (Pro-tech) Gloves, Extrication 5% 2% PPE Category 05. Gloves (Structural or Proximity) Tech Trade (Pro-tech) Gloves, Firefighting 5% 2% PPE Category 05. Gloves (Structural or Proximity) Tech Trade (Pro-tech) Gloves, Wildland 5% 2% PPE Category 02. Wildland Firefighting Protective Gear DocuSign Envelope ID: A9E701CC-C62C-4265-9BF8-429A00BB2791 112
3 2. Full Force and Effect . In each and every other respect, the terms of the Master Price Agreement, as amended, entered into between the parties on or about March 27, 2020 shall remain in full force and effect during the term of the agreement and the parties hereto hereby ratify said Master Price Agreement in its entirety, as if fully set out herein, along with the modifications identified herein.
IN WITNESS WHEREOF , the parties have hereto signed this Amendment on the day and year first above written.
LEAGUE OF OREGON CITIES
_______________________________ Date _________________________ BY:
ITS:
L.N. CURTIS & SON
_______________________________ Date _________________________ BY:
ITS:
DocuSign Envelope ID: A9E701CC-C62C-4265-9BF8-429A00BB2791 Nick Lawrence
July 15, 2021 | 8:37 PM PDT
Director, Special Programs
Mike Cully
July 16, 2021 | 8:36 AM PDT
Executive Director
113
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! 4!
iqxgtp/!!Pq!qvjgt!vgtou!cpf!eqpfkvkqpu-!kpenwfkpi-!dwv!pqv!nkokvgf!vq-!vjqug!eqpvckpgf!kp!Xgpfqtu!uvcpfctf! rtkpvgf!vgtou!cpf!eqpfkvkqpu-!qp!Xgpfqtu!qtfgt!cempqyngfiogpv-!kpxqkegu!qt!qvjgtykug-!ujcnn!jcxg!cp{! crrnkecvkqp!vq!qt!ghhgev!wrqp!qt!dg!fggogf!vq!eqpuvkvwvg!cp!cogpfogpv!vq!qt!vq!dg!kpeqtrqtcvgf!kpvq!vjku! Citggogpv-!cp{!Rwtejcug!Qtfgt-!qt!cp{!vtcpucevkqpu!qeewttkpi!rwtuwcpv!jgtgvq!qt!vjgtgvq-!wpnguu!vjku! Citggogpv!ujcnn!dg!urgekhkecnn{!cogpfgf!vq!cfqrv!uwej!qvjgt!vgtou!cpf!eqpfkvkqpu!kp!ytkvkpi!d{!vjg!Rctvkgu/! !
3/5! Pqvykvjuvcpfkpi!cp{!qvjgt!rtqxkukqp!qh!vjku!Citggogpv!vq!vjg!eqpvtct{-!vjg!Ngcf!Eqpvtcevkpi! Cigpe{!ujcnn!jcxg!pq!qdnkicvkqp!vq!qtfgt!qt!rwtejcug!cp{!Rtqfwevu!cpf!Ugtxkegu!jgtgwpfgt!cpf!vjg! rncegogpv!qh!cp{!Rwtejcug!Qtfgt!ujcnn!dg!kp!vjg!uqng!fkuetgvkqp!qh!vjg!Rctvkekrcvkpi!Cigpekgu/!!Vjku! Citggogpv!ku!pqv!gzenwukxg/!!Xgpfqt!gzrtguun{!cempqyngfigu!cpf!citggu!vjcv!Rwtejcugt!oc{!rwtejcug!cv!kvu! uqng!fkuetgvkqp-!Rtqfwevu!cpf!Ugtxkegu!vjcv!ctg!kfgpvkecn!qt!ukoknct!vq!vjg!Rtqfwevu!cpf!Ugtxkegu!fguetkdgf!kp! vjku!Citggogpv!htqo!cp{!vjktf!rctv{/!
!
3/6! Kp!ecug!qh!cp{!eqphnkev!qt!kpeqpukuvgpe{!dgvyggp!cp{!qh!vjg!Eqpvtcev!Fqewogpvu-!vjg!fqewogpvu! ujcnn!rtgxckn!cpf!crrn{!kp!vjg!hqnnqykpi!qtfgt!qh!rtkqtkv{<! !
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!
3/7! Gzvgpukqp!qh!eqpvtcev!vgtou!vq!Rctvkekrcvkpi!Cigpekgu<! !
3/7/2! Xgpfqt!citggu!vq!gzvgpf!vjg!ucog!vgtou-!eqxgpcpvu!cpf!eqpfkvkqpu!cxckncdng!vq! Rwtejcugt!wpfgt!vjku!Citggogpv!vq!Rctvkekrcvkpi!Cigpekgu-!vjcv!jcxg!gzgewvgf!cp! Kpvgtiqxgtpogpvcn!Eqqrgtcvkxg!Rwtejcukpi!Citggogpv!)KIC*!cu!oc{!dg!tgswktgf!d{!gcej! Rctvkekrcvkpi!Cigpe{u!nqecn!ncyu!cpf!tgiwncvkqpu-!kp!ceeqtfcpeg!ykvj!Cvvcejogpv!E/!Gcej! Rctvkekrcvkpi!Cigpe{!yknn!dg!gzenwukxgn{!tgurqpukdng!hqt!cpf!fgcn!fktgevn{!ykvj!Xgpfqt!qp!ocvvgtu! tgncvkpi!vq!qtfgtkpi-!fgnkxgt{-!kpurgevkqp-!ceegrvcpeg-!kpxqkekpi-!cpf!rc{ogpv!hqt!Rtqfwevu!cpf! Ugtxkegu!kp!ceeqtfcpeg!ykvj!vjg!vgtou!cpf!eqpfkvkqpu!qh!vjku!Citggogpv!cu!kh!kv!ygtg!Rwtejcugt! jgtgwpfgt/!!Cp{!fkurwvgu!dgvyggp!c!Rctvkekrcvkpi!Cigpe{!cpf!Xgpfqt!yknn!dg!tguqnxgf!fktgevn{! dgvyggp!vjgo!wpfgt!cpf!kp!ceeqtfcpeg!ykvj!vjg!ncyu!qh!vjg!Uvcvg!kp!yjkej!vjg!Rctvkekrcvkpi! Cigpe{!gzkuvu/!!Rwtuwcpv!vq!vjg!KIC-!vjg!Ngcf!Eqpvtcevkpi!Cigpe{!ujcnn!pqv!kpewt!cp{!nkcdknkv{!cu! c!tguwnv!qh!vjg!ceeguu!cpf!wvknk|cvkqp!qh!vjku!Citggogpv!d{!qvjgt!Rctvkekrcvkpi!Cigpekgu/! !
3/7/3! Vjku! Uqnkekvcvkqp! oggvu! vjg! rwdnke! eqpvtcevkpi! tgswktgogpvu! qh! vjg! Ngcf! Eqpvtcevkpi! Cigpe{! cpf! oc{! pqv! dg! crrtqrtkcvg! wpfgt! qt! oggv! Rctvkekrcvkpi! Cigpekgu! rtqewtgogpv! ncyu/!! Rctvkekrcvkpi!Cigpekgu!ctg!wtigf!vq!uggm!kpfgrgpfgpv!tgxkgy!d{!vjgkt!ngicn!eqwpugn!vq!gpuwtg! eqornkcpeg!ykvj!cnn!nqecn!cpf!uvcvg!uqnkekvcvkqp!tgswktgogpvu/! 3/7/4! Xgpfqt! cempqyngfigu! gzgewvkqp! qh! c! Xgpfqt! Cfokpkuvtcvkqp! Hgg! Citggogpv! ykvj! PRRIqx-!rwtuwcpv!vq!vjg!vgtou!qh!vjg!THR/!!!!!
!
! 3/8! Qtgiqp!Rwdnke!Cigpekgu!ctg!rtqjkdkvgf!htqo!wug!qh!Rtqfwevu!cpf!Ugtxkegu!qhhgtgf!wpfgt!vjku! Citggogpv!vjcv!ctg!cntgcf{!rtqxkfgf!d{!swcnkhkgf!pqprtqhkv!cigpekgu!hqt!fkucdngf!kpfkxkfwcnu!cu!nkuvgf!qp!vjg! Fgrctvogpv!qh!Cfokpkuvtcvkxg!Ugtxkegu!Rtqewtgogpv!Nkuv!)Rtqewtgogpv!Nkuv*!rwtuwcpv!vq!QTU!38;/946./966/!! Ugg!yyy/QtgiqpTgjcdknkvcvkqp/qti0sth!hqt!oqtg!kphqtocvkqp/!!Xgpfqt!ujcnn!pqv!ugnn!rtqfwevu!cpf!ugtxkegu! kfgpvkhkgf!qp!vjg!Rtqewtgogpv!Nkuv!)g/i/-!tgeqpfkvkqpgf!vqpgt!ectvtkfigu*!vq!Rwtejcugt!qt!Rctvkekrcvkpi!Cigpekgu! ykvjkp!vjg!uvcvg!qh!Qtgiqp/!!!!!!!!!!!!!
!
CTVKENG!4!!VGTO!CPF!VGTOKPCVKQP!
!
/;4=3769 09>58;<5 2/, (.)00&-+"*)#/"'$%%"+1./"/1&++)$'('$$ 116
! 5!
4/2! Vjg!kpkvkcn!eqpvtcev!vgto!ujcnn!dg!hqt!vjtgg!)4*!ecngpfct!{gctu!htqo!vjg!Ghhgevkxg!Fcvg!qh!vjku! Citggogpv!)Kpkvkcn!Vgto*/!Wrqp!vgtokpcvkqp!qh!vjg!qtkikpcn!vjtgg!)4*!{gct!vgto-!vjku!Citggogpv!ujcnn! cwvqocvkecnn{!gzvgpf!hqt!wr!vq!vjtgg!)4*!uweeguukxg!qpg!)2*!{gct!rgtkqfu=!)gcej!c!Tgpgycn!Vgto*=!rtqxkfgf-! jqygxgt-!vjcv!vjg!Ngcf!Eqpvtcevkpi!Cigpe{!cpf0qt!vjg!Xgpfqt!oc{!qrv!vq!fgenkpg!gzvgpukqp!qh!vjg!ORC!d{! rtqxkfkpi!pqvkhkecvkqp!kp!ytkvkpi!cv!ngcuv!vjktv{!)41*!ecngpfct!fc{u!rtkqt!vq!vjg!cppwcn!cwvqocvke!gzvgpukqp! cppkxgtuct{!qh!vjg!Kpkvkcn!Vgto/!
!
4/3! Gkvjgt!Xgpfqt!qt!vjg!Ngcf!Eqpvtcevkpi!Cigpe{!oc{!vgtokpcvg!vjku!Citggogpv!d{!ytkvvgp!pqvkeg! vq!vjg!qvjgt!rctv{!kh!vjg!qvjgt!Rctv{!dtgcejgu!cp{!qh!kvu!qdnkicvkqpu!jgtgwpfgt!cpf!hcknu!vq!tgogf{!vjg!dtgcej! ykvjkp!vjktv{!)41*!fc{u!chvgt!tgegkxkpi!ytkvvgp!pqvkeg!qh!uwej!dtgcej!htqo!vjg!pqp.dtgcejkpi!rctv{/! !
CTVKENG!5!!RTKEKPI-!KPXQKEGU-!RC[OGPV!CPF!FGNKXGT[!
!
5/2! Rwtejcugt!ujcnn!rc{!Xgpfqt!hqt!cnn!Rtqfwevu!cpf!Ugtxkegu!qtfgtgf!cpf!fgnkxgtgf!kp!eqornkcpeg! ykvj!vjg!vgtou!cpf!eqpfkvkqpu!qh!vjku!Citggogpv!cv!vjg!rtkekpi!urgekhkgf!hqt!gcej!uwej!Rtqfwev!cpf!Ugtxkeg!qp! Cvvcejogpv!C-!kpenwfkpi!ujkrrkpi/!!Wpnguu!Cvvcejogpv!C!gzrtguun{!rtqxkfgu!qvjgtykug-!vjg!rtkekpi!uejgfwng! ugv!hqtvj!qp!Cvvcejogpv!C!jgtgvq!ujcnn!tgockp!hkzgf!hqt!vjg!Kpkvkcn!Vgto!qh!vjku!Citggogpv=!rtqxkfgf!vjcv! ocpwhcevwtgt!rtkekpi!ku!pqv!iwctcpvggf!cpf!oc{!dg!cflwuvgf!dcugf!qp!vjg!pgzv!ocpwhcevwtgt!rtkeg!kpetgcug/!! Rtkekpi!eqpvckpgf!kp!Cvvcejogpv!C!ujcnn!dg!gzvgpfgf!vq!cnn!PRRIqx-!Rwdnke!Uchgv{!IRQ-!Hktuv!Tgurqpfgt! IRQ!cpf!Ncy!Gphqtegogpv!IRQ!ogodgtu!wrqp!gzgewvkqp!qh!vjg!KIC/! !
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5/4! Wpnguu!qvjgtykug!urgekhkgf-!Rwtejcugt!ku!tgurqpukdng!hqt!cp{!cpf!cnn!crrnkecdng!ucngu!vczgu/!! Cvvcejogpv!C!qt!Xgpfqtu!Rtqrqucn!)Cvvcejogpv!F*!ujcnn!urgekh{!cp{!cpf!cnn!qvjgt!vczgu!cpf!fwvkgu!qh!cp{! mkpf!yjkej!Rwtejcugt!ku!tgswktgf!vq!rc{!ykvj!tgurgev!vq!vjg!ucng!qh!Rtqfwevu!cpf!Ugtxkegu!eqxgtgf!d{!vjku! Citggogpv!cpf!cnn!ejctigu!hqt!rcemkpi-!rcemcikpi!cpf!nqcfkpi/! !
5/5! Gzegrv!cu!urgekhkecnn{!ugv!hqtvj!qp!Cvvcejogpvu!C!cpf!H-!Rwtejcugt!ujcnn!pqv!dg!tgurqpukdng!hqt! cp{!cffkvkqpcn!equvu!qt!gzrgpugu!qh!cp{!pcvwtg!kpewttgf!d{!Xgpfqt!kp!eqppgevkqp!ykvj!vjg!Rtqfwevu!cpf! Ugtxkegu-!kpenwfkpi!ykvjqwv!nkokvcvkqp!vtcxgn!gzrgpugu-!engtkecn!qt!cfokpkuvtcvkxg!rgtuqppgn-!nqpi!fkuvcpeg! vgngrjqpg!ejctigu-!gve/!)Kpekfgpvcn!Gzrgpugu*/!!
!
5/6! Rtkeg!tgfwevkqpu!qt!fkueqwpv!kpetgcugu!oc{!dg!qhhgtgf!cv!cp{!vkog!fwtkpi!vjg!eqpvtcev!vgto!cpf! ujcnn!dgeqog!ghhgevkxg!wrqp!pqvkeg!qh!ceegrvcpeg!htqo!Rwtejcugt/! !
5/7! Pqvykvjuvcpfkpi!cp{!qvjgt!citggogpv!qh!vjg!Rctvkgu!cu!vq!vjg!rc{ogpv!qh!ujkrrkpi0fgnkxgt{! equvu-!cpf!uwdlgev!vq!Cvvcejogpvu!C-!F-!cpf!H!jgtgkp-!Xgpfqt!ujcnn!qhhgt!fgnkxgt{!cpf0qt!ujkrrkpi!equvu! rtgrckf!HQD!Fguvkpcvkqp/!!Kh!vjgtg!ctg!jcpfnkpi!hggu-!vjgug!cnuq!ujcnn!dg!kpenwfgf!kp!vjg!rtkekpi/! !
5/8! Wpnguu!qvjgtykug!fktgevgf!d{!Rwtejcugt!hqt!gzrgfkvgf!qtfgtu-!Xgpfqt!ujcnn!wvknk|g!uwej!eqooqp! ecttkgt!hqt!vjg!fgnkxgt{!qh!Rtqfwevu!cpf!Ugtxkegu!cu!Xgpfqt!oc{!ugngev=!rtqxkfgf-!jqygxgt-!vjcv!hqt!gzrgfkvgf! qtfgtu!Xgpfqt!ujcnn!qdvckp!fgnkxgt{!ugtxkegu!jgtgwpfgt!cv!tcvgu!cpf!vgtou!pqv!nguu!hcxqtcdng!vjcp!vjqug!rckf! d{!Xgpfqt!hqt!kvu!qyp!ceeqwpv!qt!hqt!vjg!ceeqwpv!qh!cp{!qvjgt!ukoknctn{!ukvwcvgf!ewuvqogt!qh!Xgpfqt/! !
5/9! Xgpfqt!ujcnn!jcxg!vjg!tkum!qh!nquu!qh!qt!fcocig!vq!cp{!Rtqfwevu!wpvkn!fgnkxgt{!vq!Rwtejcugt/! Rwtejcugt!ujcnn!jcxg!vjg!tkum!qh!nquu!qh!qt!fcocig!vq!vjg!Rtqfwevu!chvgt!fgnkxgt{!vq!Rwtejcugt/!Vkvng!vq! /;4=3769 09>58;<5 2/, (.)00&-+"*)#/"'$%%"+1./"/1&++)$'('$$ 117
! 6!
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!
!
CTVKENG!6!!KPUWTCPEG!
!
!!!! 6/2! Fwtkpi!vjg!vgto!qh!vjku!Citggogpv-!Xgpfqt!ujcnn!ockpvckp!cv!kvu!qyp!equv!cpf!gzrgpug!)cpf!ujcnn! ecwug!cp{!uwdeqpvtcevqt!vq!ockpvckp*!kpuwtcpeg!rqnkekgu!rtqxkfkpi!kpuwtcpeg!qh!vjg!mkpf!cpf!kp!vjg!coqwpvu! igpgtcnn{!ecttkgf!d{!tgcuqpcdn{!rtwfgpv!ocpwhcevwtgtu!kp!vjg!kpfwuvt{-!ykvj!qpg!qt!oqtg!tgrwvcdng!kpuwtcpeg! eqorcpkgu!nkegpugf!vq!fq!dwukpguu!kp!Qtgiqp!cpf!cp{!qvjgt!uvcvg!qt!lwtkufkevkqp!yjgtg!Rtqfwevu!cpf!Ugtxkegu! ctg!uqnf!jgtgwpfgt/!Uwej!egtvkhkecvgu!qh!kpuwtcpeg!ujcnn!dg!ocfg!cxckncdng!vq!vjg!Ngcf!Eqpvtcevkpi!Cigpe{! wrqp!59!jqwtu!pqvkeg/!D[!UKIPKPI!VJG!CITGGOGPV!RCIG!VJG!XGPFQT!CITGGU!VQ!VJKU! TGSWKTGOGPV!CPF!HCKNWTG!VQ!OGGV!VJKU!TGSWKTGOGPV!YKNN!TGUWNV!KP!ECPEGNNCVKQP!QH! VJKU!OCUVGT!RTKEG!CITGGOGPV/!!
!
6/3! Cnn!kpuwtcpeg!tgswktgf!jgtgkp!ujcnn!dg!ockpvckpgf!kp!hwnn!hqteg!cpf!ghhgev!wpvkn!cnn!yqtm!qt!ugtxkeg! tgswktgf!vq!dg!rgthqtogf!wpfgt!vjg!vgtou!qh!vjku!Citggogpv!ku!ucvkuhcevqtkn{!eqorngvgf!cpf!hqtocnn{!ceegrvgf/! Cp{!hcknwtg!vq!eqorn{!ykvj!vjg!encko!tgrqtvkpi!rtqxkukqpu!qh!vjg!kpuwtcpeg!rqnkekgu!qt!cp{!dtgcej!qh!cp! kpuwtcpeg!rqnke{!ycttcpv{!ujcnn!pqv!chhgev!eqxgtcig!chhqtfgf!wpfgt!vjg!kpuwtcpeg!rqnkekgu!vq!rtqvgev!vjg!Ngcf! Eqpvtcevkpi!Cigpe{/!Vjg!kpuwtcpeg!rqnkekgu!oc{!rtqxkfg!eqxgtcig!vjcv!eqpvckpu!fgfwevkdngu!qt!ugnh.kpuwtgf! tgvgpvkqpu/!Uwej!fgfwevkdng!cpf0qt!ugnh.kpuwtgf!tgvgpvkqpu!ujcnn!pqv!dg!crrnkecdng!ykvj!tgurgev!vq!vjg!eqxgtcig! rtqxkfgf!vq!vjg!Ngcf!Eqpvtcevkpi!Cigpe{!wpfgt!uwej!rqnkekgu/!!Xgpfqt!ujcnn!dg!uqngn{!tgurqpukdng!hqt!vjg! fgfwevkdng!cpf0qt!ugnh.kpuwtgf!tgvgpvkqp!cpf!vjg!Ngcf!Eqpvtcevkpi!Cigpe{-!cv!kvu!qrvkqp-!oc{!tgswktg!Xgpfqt!vq! ugewtg!rc{ogpv!qh!uwej!fgfwevkdngu!qt!ugnh.kpuwtgf!tgvgpvkqpu!d{!c!uwtgv{!dqpf!qt!cp!kttgxqecdng!cpf! wpeqpfkvkqpcn!ngvvgt!qh!etgfkv/!
!
6/4! Xgpfqt!ujcnn!ectt{!Yqtmgtu!Eqorgpucvkqp!kpuwtcpeg!vq!eqxgt!qdnkicvkqpu!korqugf!d{!hgfgtcn! cpf!uvcvg!uvcvwvgu!jcxkpi!lwtkufkevkqp!qxgt!Xgpfqtu!gornq{ggu!gpicigf!kp!vjg!rgthqtocpeg!qh!vjg!yqtm!qt! ugtxkegu-!cu!ygnn!cu!Gornq{gtu!Nkcdknkv{!kpuwtcpeg/!Xgpfqt!yckxgu!cnn!tkijvu!cickpuv!vjg!Ngcf!Eqpvtcevkpi! Cigpe{!cpf!kvu!cigpvu-!qhhkegtu-!fktgevqtu!cpf!gornq{ggu!hqt!tgeqxgt{!qh!fcocigu!vq!vjg!gzvgpv!vjgug! fcocigu!ctg!eqxgtgf!d{!vjg!Yqtmgtu!Eqorgpucvkqp!cpf!Gornq{gtu!Nkcdknkv{!qt!eqoogtekcn!wodtgnnc!nkcdknkv{! kpuwtcpeg!qdvckpgf!d{!Xgpfqt!rwtuwcpv!vq!vjku!Citggogpv/! !
6/5! Kpuwtcpeg!tgswktgf!jgtgkp!ujcnn!pqv!dg!rgtokvvgf!vq!gzrktg-!dg!ecpegngf-!qt!ocvgtkcnn{!ejcpigf! ykvjqwv!vjktv{!fc{u!)41!fc{u*!rtkqt!ytkvvgp!pqvkeg!vq!vjg!Ngcf!Eqpvtcevkpi!Cigpe{/! !
CTVKENG!7!!KPFGOPKHKECVKQP!CPF!JQNF!JCTONGUU!
!
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! 7!
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! 8!
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CTVKENG!21!.!EQORNKCPEG!YKVJ!NCYU!
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CTVKENG!22!!RWDNKEKV[!0!EQPHKFGPVKCNKV[!
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CTVKENG!23!.!TKIJV!VQ!CWFKV!
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CTVKENG!24!.!TGOGFKGU!
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CTVKENG!25!.!TGNCVKQPUJKR!QH!RCTVKGU!
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! 9!
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CTVKENG!28!.!YCKXGT!
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-221 Meeting Date: 4/1/2025
TITLE:
CONTRACT AMENDMENT TO INCREASE FUNDING FOR THE FAMILIES FORWARD TENANT BASED RENTAL ASSISTANCE (TBRA) PROGRAM BY $50,000 FOR THE CURRENT FISCAL YEAR (FY) 2024-2025 AND INCLUDE UP TO 3 ADDITIONAL YEARLY RENEWALS FOR UP TO $200,000 EACH YEAR, IF FUNDING IS AVAILABLE.
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES
DEPARTMENT/HOUSING AND COMMUNITY DEVELOPMENT DIVISION
PRESENTED BY: MIKELLE DAILY, GRANT ADMINISTRATOR
CONTACT INFORMATION: MIKELLE DAILY, GRANT ADMINISTRATOR, (714) 754-5678 RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager (or designee) and the City Clerk to execute an amendment to award additional HOME funding in the amount of $50,000 to Families Forward for the City’s Tenant Based Rental Assistance Program (TBRA) for FY 2024-2025 and include up to 3 additional yearly renewals for up to $200,000 each year, if funding is available.
2. Approve an appropriation of $175,000 to recognize the unspent allocation from prior years within the HOME Fund (Fund 205) that has been added to the FY 2024-2025 Annual Action Plan as a minor amendment to increase funding to the HOME TBRA program and Single-Family Housing Rehabilitation program.
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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 25-221 Meeting Date: 4/01/2025
TITLE: CONTRACT AMENDMENT TO INCREASE FUNDING FOR THE FAMILIES FORWARD TENANT BASED RENTAL ASSISTANCE (TBRA) PROGRAM BY $50,000 FOR THE CURRENT FISCAL YEAR (FY 2024-2025) AND INCLUDE UP TO 3 ADDITIONAL YEARLY RENEWALS FOR UP TO $200,000 EACH YEAR, IF FUNDING IS AVAILABLE.
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/HOUSING AND
COMMUNITY DEVELOPMENT DIVISION
PRESENTED BY: MIKELLE DAILY, GRANT ADMINISTRATOR
CONTACT INFORMATION: MIKELLE DAILY, GRANT ADMINISTRATOR, (714) 754-5678
RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager (or designee) and the City Clerk to execute an amendment to award additional HOME funding in the amount of $50,000 to Families Forward for the City’s Tenant Based Rental Assistance Program (TBRA) for FY 2024-2025 and include up t o 3 additional yearly renewals for up to $200,000 each year, if funding is available.
2. Approve an appropriation of $175,000 to recognize the unspent allocation from prior years within the HOME Fund (Fund 205) that has been added to the FY 2024 -2025 Annual Action Plan as a minor amendment to increase funding to the HOME TBRA program and Single -Family Rehabilitation program.
BACKGROUND:
The City of Costa Mesa is a Participating Jurisdiction (“PJ”) in the Home Investment Partnerships (“HOME”) Grant program. HOME funds are allocated to the City each year on a formula basis by the U.S. Department of Housing and Urban Development (“HUD”). HOME funds must be used to preserve or expand the City’s housing stock that is affordable to lower -income households. Tenant Based Rental Assistance (“TBRA”) is an eligible program under the HOME program regulations. The TBRA program objective is to prevent homelessness or shelter insecurity by providing rental assistance and supportive services to qualified lower-income households so they can attain and maintain safe, stable, and sanitary housing.
The Housing and Community Development Division (HCD) of the Economic and Development Services Department is responsible for administering the City’s CDBG and HOME grants. CDBG and HOME-funded activities must address the needs outlined in the City’s Consolidated Plan.
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Item #: 25-221 Meeting Date: 4/01/2025
Five-year Consolidated Plan
The Consolidated Plan is a five-year planning document required by HUD for all communities receiving federal community development grant funds. The current Consolidated Plan was approved by the City Council on May 19, 2020, and covers FY 2020-21 through FY 2024-25.
The Consolidated Plan also includes a five -year strategic plan that identifies community needs, and strategies, programs and resources to address those needs. Its five -year cycle will end on June 30, 2025. The Consolidated Plan can be found on the City’s website at: Consolidated Plan
The City of Costa Mesa identified in its 2020-2024 Consolidated Plan the use of HOME funds to operate a pilot TBRA program to assist eligible very low and extremely low- income families with rent/ eligible housing costs as a response to the COVID-19 Pandemic. The City subsequently conducted a Request for Proposals (RFP) process to select a contractor capable of administering the pilot program on behalf of the City. The Costa Mesa City Council authorized the award of HOME funds to the newly selected TBRA Administrator, Families Forward, and the City entered into a one-year agreement with a one-year renewal in November 2021. In February 2023, the City conducted a second RFP process to select an administrator for the program with updated policies and procedures that no longer classified the program as a “pilot”. Again, Families Forward was selected as the TBRA Administrator and the City entered into a one -year agreement with a one -year renewal in July 2023 that expires in June 2025.
Annual Action Plan
The Annual Action Plan is the Consolidated Plan implementation tool and is revised annually. It links the goals identified in the City’s 2020 -2024 Consolidated Plan to the planned annual expenditure of CDBG and HOME funds. The City must submit the Annual Action Plan to HUD in May of each year to comply with HUD requirements and continue to receive these federal funds. The City of Costa Mesa’s FY 2024-2025 Draft Annual Action Plan was approved by City Council on May 21, 2024 , and was submitted to HUD as required. The final FY 2024-2025 Annual Action Plan can be found on the City’s website at: Annual Action Plan.
The City receives an annual HOME grant allocation (entitlement funds) each year based on a HUD formula that takes into consideration certain housing factors such as housing cost burden, population growth trends, and local condition of housing. Once awarded by HUD, HOME funds are available for use over an eight (8) year period. Additionally, the City receives revenue from HOME-funded activities such as loan repayments, which is referred to as program income (PI). HUD requires that the City spend all availabl e PI prior to spending entitlement funds to ensure that all generated revenue is reinvested into eligible housing projects. As a result of previous PI, the City’s HOME program currently has approximately $2.3 million dollars in entitlement funds available to provide for HOME assistance programs that can be used for the current fiscal year and future affordable housing efforts. The City administers the two HOME programs in FY 2024-2025 that provide funding assistance to residents: 1) a Housing Rehabilitation Grant and Loan Program; and 2) TBRA.
The City’s Housing Rehabilitation Grant and Loan Program provides funds to remedy code violations and repair and improve deteriorating single -family properties, with the goal of providing decent and safe housing conditions. The program offers grants up to $15,000 for mobile homes and $20,000 for single-family homes. Deferred zero interest loans of up to $50,000 are also available as part of the 133
Item #: 25-221 Meeting Date: 4/01/2025
program. To be eligible for a grant or loan, the property must be owner-occupied by a low- to very-low income household and serve as the principal residence of the applicant. In addition, a total of $310,051 in HOME funds were allocated for the City’s FY 2024-2025 Housing Rehabilitation Grant and Loan Program to provide ten (10) grants and one (1) loan. As of the date this report was drafted, 16 mobile home grants have been awarded and six (6) grant applications are pending. One (1) loan application is also pending.
The TBRA program objective is to assist qualified, very low -income households who are current residents of Costa Mesa (or households with strong community ties to Costa Mesa) to attain and maintain safe, stable, and sanitary housing. The goal of the program is to prevent homelessness or housing insecurity. All persons assisted through the HOME program mus t meet income requirements established by HUD. For the TBRA program, assisted household income is limited to 60 percent of the County Median Income, adjusted for family size. HUD sets income limits each year. Table 1 lists 2024 income limits:
Table 1 - 2024 TBRA Household Income Limits
(0% to
60% OC
Median
Income)
Persons in Household
1 2 3 4 5 6 7 8
66,300 75,720 85,260 94,680 102,300 109,860 117,420 124,980
Under the HOME program regulations, TBRA program resources may be used to pay a portion of the monthly rent and tenant-paid utility costs. Funds may also be used to pay security deposit assistance on behalf of a tenant.1 Rent for assisted units must be reasonable; therefore, the City has established that HUD published Fair Market Rents is the rent standard for all TBRA assisted units. In general, a participating tenant will pay 30 percent of the rent standard, and the City will pay the balance. Assisted units must a lso meet HUD Housing Quality Standards (“HQS”) and comply with HUD’s Lead -based Paint regulations. The City also uses HUD occupancy standards (maximum/minimum unit size depending on household size). Rental assistance to a tenant cannot exceed two years, and tenant household income eligibility must be verified each year. The City is allowed to focus program resources; therefore, HOME TBRA program resources will target current Costa Mesa residents and homeless or housing insecure persons with strong ties to the City.
HOME TBRA funds cannot be used for the following:
To make commitments to specific owners for specific projects. To assist resident owners of cooperative housing that qualifies as homeownership housing. To provide TBRA to homeless persons for overnight or temporary shelter. The HOME TBRA subsidy must be sufficient to enable the homeless person to rent a permanent housing unit that meets HUD’s HQS.
To duplicate existing rental assistance that already reduces rent payments to 30 percent of a tenant’s income (e.g., Section 8 voucher/certificate or the tenant resides in an affordable rent housing unit subsidized by another federal, state, or local funding source).
1 Security deposit assistance may be provided regardless of whether rental and utility subsidies are being provided. Utility deposit assistance may be provided only in conjunction with rental assistance subsidy or security deposit assistance and cannot be a stand-alone TBRA activity.
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Item #: 25-221 Meeting Date: 4/01/2025
Families Forward has operated the Costa Mesa TBRA program since FY 2020 -2021. The program provides rental assistance for households with minor chi ldren for a period of up to 24 months. The TBRA rental subsidy covers rental costs, security deposits and utilities, and reduces the housing costs for participating households to 30% of the household’s monthly adjusted income. The FY 2024 -2025 Annual Actio n Plan identified $150,000 in HOME funds for Families Forward to provide rental assistance to ten (10) Costa Mesa households.
Minor Amendment to Action Plan
To meet the excess demand for the aforementioned programs, a minor amendment reallocated $175,000 from prior years uncommitted HOME funds into the FY 2024-2025 Annual Action Plan. This minor amendment was processed administratively and does not trigger the requirements for a substantial amendment as detailed in the Citizen Participation Plan. The ame ndment does not result in a net modification greater than 45 percent of HOME grant allocation for FY 2024 -2025 (44% proposed), it does not change the location of approved plan activities, will not change the plan beneficiaries, and provides more public access to the Plan activities. The minor amendment referenced will allocate $125,000 to enable the City to grant the six (6) pending loans during this year. The remaining $50,000 would be allocated to the TBRA Program. The 2024-2025 Annual Action Plan minor amendment is available on the City website: 24-25 Annual Action Plan minor amendment.
ANALYSIS:
Families Forward has received requests to provide rental assistance to five (5) additional families this fiscal year, which requires an additional $50,000. City Council approval is needed to amend the Families Forward contract for the TBRA program, increasing the amount from $150,000 to $200,0 00.
The draft contract amendment is included as Attachment 3 and includes the option to extend the term for up to three (3) additional years upon mutual written agreement of the parties, subject to the availability and/or allocation of HOME funds for the program.
Staff is also requesting that City Council allow the option for the maximum number of annual contract renewals (5) up to $200,000 in anticipation of HOME funds availability. There are currently sufficient HOME funds in the City’s fund balances to allow for this allocation through the final renewal expiration of June 30, 2028, and the TBRA program will be identified in the upcoming 2025-2029 Consolidated Plan. Including this option in the contract would streamline future efforts for contract renewal, enabling faster turnaround for families in need , and gives the City additional time before another RFP process is required.
ALTERNATIVES:
The City Council can choose not to approve the amendment to the Families Forward TBRA. If the amendment is not approved, Families Forward will not be able to assist the five households on the TBRA waitlist until after July 1, 2025, when the new fiscal year begins.
FISCAL REVIEW:
The City receives an annual HOME grant allocation (entitlement funds) each year and has an eight (8) year period to expend the funds. Additional funds from prior year(s) HOME allocations are available in the amount of $175,000 to provide sufficient funding for the Fiscal Year 2024-25, for the amendment 135
Item #: 25-221 Meeting Date: 4/01/2025
to the agreement with Families Forward and the City’s Single -Family Housing Rehabilitation Grant and Loan Program. Funding for renewal years will be available within the Department’s operating budget.
LEGAL REVIEW:
The City Attorney’s office has reviewed this report and approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council goal:
Diversify, stabilize, and increase housing to reflect community needs.
CONCLUSION:
The Annual Action Plan approved on May 21, 2024, for FY 2024-2025 (July 1, 2024 to June 30, 2025) identified HOME expected resources in the amount of $558,943 to meet the Plan’s annual goals and objectives. Additional uncommitted HOME resources in the amount of $175,000 have been allocated to the Annual Action Plan in the form of a minor amendment to meet the increased need identified for the TBRA program (5 additional households) , and Single-Family Housing R ehabilitation Grant and Loan (6 additional households) program. City Council’s approval of the amendment, and authorization for the City Manager (or designee) to execute the amendment, to increase the Families Forward TBRA contract by $50,000 and add three renewals up to $200,000 is required to assist additional households with rental assistance during the current fiscal year.
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ATTACHMENT 1
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F
AMENDM
ENT NUMBER THREE TO
SUBRECIPIENT AGREEMENT WITH
FAMILIES FORWARD, INC.
This Amendment Number T hree ("Amendment") is dated the 1st day of July, 2024 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City") and FAMILIES FORWARD, INC., a California nonprofit corporation ("Subrecipient").
WHER
EAS, City and Subrecipient entered into a Subrecipient Agreement dated July 1, 2023 (the "Agreement") for the award of HOME Investment Partnership Program funds for the operation of a Tenant Based Rental Assistance Program (the "Program").
WHE
REAS, on October 25, 2023, City and Subrecipient entered into Amendment One to provide Subrecipient up to a maximum of $100,000.00 annually for project expenses; and WHER
EAS, on July 1 , 2024 , City and Subrecipient entered into Amendment Two to provide Subrecipient up to a maximum of $150,000.00 annually for project expenses; and WHE
REAS, the City desires to increase the funds granted for the operation of the Program by an additional $50,000.00 to a maximum of $200,000 annually for project expenses; and
WHE
REAS, City and Subrecipient agree to extend the term of the Agreement for up to three (3) additional years, commencing on July 1, 2025 and ending on June 30, 2028; and WHEREAS, City and Subrecipient intend and desire that this Amendment be effective to the Effective Date.
NOW
, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. This Amendment shall be retroactive to the Effective Date.
2. Section 2.1 of the Agreement is amended to provide Subrecipient up to a maximum of $200,000.00 annually for project expenses.
3. Term of Agreement. Section 2.2 "Term" of the Agreement is hereby amended in its entirety to read as follows:
4. "The term of this Agreement shall begin upon the Effective Date and continue for a period of one (1) year ending on June 30, 2025. The term may be extended for up to three (3) additional years upon mutual written agreement of the parties, subject to the availability and/or allocation of HOME funds for the Program. Upon expiration of this Agreement, the Subrecipient shall have thirty (30) days to make the final request for reimbursement. The recordkeeping and reporting requirements of Section 3.6 and 3.8 respectively, remain in effect in accordance with the terms of those section.
5. All terms not defined herein shall have the same meaning and use as set Families Forward
Subrecipient Agreement
Amendment Three
DRAFT
ATTACHMENT 2
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F
6. forth in the Agreement, as amended.
7. All other terms, conditions, and provisions of the Agreement, as amended, shall remain in full force and effect.
8. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
I
N WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.
F
AMILIES FORWARD, INC.
By: ______________________ Date:___________________
I
ts: _______________________
CITY OF COSTA MESA
____
_____________________ Date:___________________
Lori Anne Farrell Harrison
City Manager
A
TTEST:
____
__________________ Date:________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
___
____________________ Date: ________________
Kimberly Hall Barlow
City Attorney
Families Forward
Subrecipient Agreement
Amendment Three
DRAFT
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F
APPR
OVED AS TO PURCHASING:
___
____________________ Date: ________________
Carol Molina
Finance Director
APPROVED AS TO INSURANCE:
___
_____________________ Date: ________________
Ruth Wang
Risk Management
Families Forward
Subrecipient Agreement
Amendment Three
DRAFT
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A
ttachment 1 - Scope of Work
CITY OF COSTA MESA
Families Forward
Subrecipient Agreement
Amendment Three
DRAFT
164
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-227 Meeting Date: 4/1/2025
TITLE:
ADOPT AN ORDINANCE TO AMEND TITLE 13 OF THE COSTA MESA MUNICIPAL CODE
PERTAINING TO ACCESSORY DWELLING UNITS TO CONFORM TO RECENT REVISIONS TO STATE LAW (CODE AMENDMENT PCTY-24-0002)
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES
DEPARTMENT/PLANNING DIVISION
PRESENTED BY: CHRIS YEAGER, SENIOR PLANNER
CONTACT INFORMATION: CHRIS YEAGER, SENIOR PLANNER, 714-754-4883 RECOMMENDATION:
Staff recommends the City Council adopt Ordinance No. 2025-02 approving Code Amendment PCTY -24-0002, amending Title 13 of the Costa Mesa Municipal Code (CMMC) pertaining to Accessory Dwelling Units (ADUs) to conform to recent revisions to State law.
165
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 25-227 Meeting Date: 04/01/2025
TITLE: ADOPT AN ORDINANCE TO AMEND TITLE 13 OF THE COSTA MESA MUNICIPAL CODE
PERTAINING TO ACCESSORY DWELLING UNITS TO CONFORM TO RECENT REVISIONS TO STATE LAW (CODE AMENDMENT PCTY-24-0002)
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING
DIVISION
PRESENTED BY: CHRIS YEAGER, SENIOR PLANNER
CONTACT INFORMATION: CHRIS YEAGER, SENIOR PLANNER, 714-754-4883 RECOMMENDATION:
Staff recommends the City Council adopt Ordinance No. 2025-02 approving Code Amendment PCTY- 24-0002, amending Title 13 of the Costa Mesa Municipal Code (CMMC) pertaining to Accessory Dwelling Units (ADUs) to conform to recent revisions to State law.
BACKGROUND:
On February 24 , 2025, the Planning Commission reviewed the proposed Code Amendment. The Planning Commission supported the ordinance and voted 5-1 to recommend that the City Council adopt the ordinance. Details of the Planning Commission meeting and associated report and draft ordinance are available at the following link:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7144849&GUID=7A6DF926-D55C-4442- A32B-C52A8F5F07C3
At its regular meeting of March 18, 2025, the City Council conducted a legally noticed public hearing and introduced for first reading an ordinance amending Costa Mesa Municipal Code Section 13-35 (Accessory Dwelling Units). At the meeting, the City Council discussed the specific draft ADU Ordinance amendments, asked specific questions from staff , and obt ained public input. The City Council voted unanimously to introduce for first reading, by title only, Ordinance No. 2025 -02. As discussed further below, the City Council requested that staff include minor alterations to the Ordinance to clarify certain ADU provisions and improve readability. See the links below for the March 18, 2025 City Council Agenda Report and video:
March 18, 2025, Agenda Report:
https://costamesa.legistar.com/LegislationDetail.aspx?ID=7261892&GUID=F28E9B14-70F8-4B2C- 85C3-8F501EFD5159
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Item #: 25-227 Meeting Date: 04/01/2025
March 18, 2025, meeting video:
https://costamesa.granicus.com/player/clip/4226?view_id=14&redirect=true
ANALYSIS:
The proposed Ordinance No. 2025-02 is included as Attachment 1 and the proposed Ordinance, shown with tracked changes, is included as Attachment 2 to this report. Pursuant to City Council direction, the following minor alterations have been included in the proposed Ordinance since the March 18 th City Council meeting to provide additional clarifications and to improve readability.
Clarification has been included in Section 13-35(b)(1) to allow for ADUs in non-residential zones if the ADUs are located on properties with approved master plan permitted for residential use.
For example, this would allow for ADUs in the various residential developments with underlying commercial and industrial zones in Westside Costa Mesa;
In an effort to improve ordinance readability, Sections 13-35(d)(12)(b) through (d)(16) are proposed to be renumbered; and
ADU provisions and s tandards pertaining to driveway removal related to garage conversions have also been clarified to indicate that driveway removal is permissive and not mandatory.
The Ordinance is being presented for second reading and final adoption. If approved, the Ordinance would become effective 30 days after the second reading.
ENVIRONMENTAL DETERMINATION:
The project is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.174 and CEQA Guidelines Section 15282(h), “the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” relating to “granny” housing and “second unit ordinances” are exempt from the requirements of CEQA. Similarly, the ministerial approval of an ADU would not be a “project” pursuant to CEQA purposes (See Guidelines Section 15378), and environmental review is not required with the review/approval of individual ADU applications.
ALTERNATIVES:
The City Council may adopt the Ordinance as proposed, modify the Ordinance, or not adopt the Ordinance. If the City Council chooses to make substantive modifications to the Ordinance after introduction, the modified Ordinance would need to be brought back at a future meeting for adoption.
FISCAL REVIEW:
The adoption of the proposed Ordinance increases the number of ADUs allowed on both “Single family” and “Multi-family” dwelling lots which can result in an increase of the overall number of ADUs within the City. Revenue earned from the increase of ADUs will be part of the General fund (Fund 101) and Park Development Fees Fund (Fund 208).
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Item #: 25-227 Meeting Date: 04/01/2025
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and approves it as to form.
PUBLIC NOTICE:
Pursuant to Government Code Section 65856(b), a public notice was published once in the Daily Pilot newspaper on March 27, 2025.
As of this report, no written public comments have been received. Any additional written comments received will be forwarded under separate cover.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
Diversify, Stabilize and Increase Housing to Reflect Community Needs
CONCLUSION:
Staff recommends that the City Council adopt Ordinance No. 2025-02 approving Code Amendment PCTY-24-0002, amending Title 13 of the Costa Mesa Municipal Code pertaining to accessory dwelling units to conform to recent revisions to State Law.
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ATTACHMENT 1
Ordinance No. 2025-02 Page 1 of 4
ORDINANCE NO. 2025-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA APPROVING CODE AMENDMENT PCTY-24-0002
AMENDING CHAPTER V, ARTICLE 1, SECTION 13-35 (ACCESSORY DWELLING UNITS) OF TITLE 13 OF THE COSTA MESA MUNICIPAL
CODE TO CONFORM TO RECENT REVISIONS TO STATE LAW
THE CITY COUNCIL OF THE CITY OF COSTA MESA , CALIFORNIA DOES HEREBY FIND AND DECLARE AS FOLLOWS:
WHEREAS, updates to the City’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) provisions are required to provide consistencies between the City’s Zoning Code and the State law; and
WHEREAS, in response to the implementation of State and local law regarding ADUs and JADUs, City staff and the California Department of Housing and Community Development (HCD) found inconsistencies in the City’s ADU provisions that require updating; and
WHEREAS, recently adopted State housing laws, including SB 477, SB 1211, AB2533, and AB 1033, require updates to the City’s ADU and JADU provisions; and WHEREAS, the City has acknowledged all HCD comments in the proposed Ordinance with the exception of prohibiting the use of JADUs for short-term rentals.
Pursuant to Government Code Section 66310, the legislature has determined the following: (1) ADUs and JADUs are “a valuable form of housing in California”; (2) ADUs and JADUs "provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods”; (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security”; (4) “Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California”; (5) “California faces a severe housing crisis”; (6) “The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners”; (7) “Accessory dwelling units offer lower cost housing to meet the needs of 169
Ordinance No. 2025-02 Page 2 of 4
existing and future residents within existing neighborhoods, while respecting architectural character”; and (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply. Thus, allowing JADUs to be rented for short-term rentals that are facilitated by online marketplaces would reduce and threaten the availability of housing, including affordable housing, within the City during the State housing crisis, and therefore allowing the prohibition of short-term rentals of the City’s JADUs is consistent with State ADU law, specifically Government Code Section 66310; and WHEREAS, Government Code section 66316 provides in part, “if a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void;” and WHEREAS, this Ordinance is necessary to implement State and local ADU provisions, establish the minimum development standards in the Costa Mesa Municipal Code to regulate ADUs, and to ensure consistency with State law.
Now, therefore, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY ORDAINS AS FOLLOWS:
Section 1: Code Amendment. Section 13-35 (Accessory Dwelling Units). Chapter V, Article 1, Section 13-35 (Accessory Dwelling Units) of Title 13, Planning, Zoning and Development of the Costa Mesa Municipal Code, as specified in Exhibit A, attached hereto and incorporated herein by this reference, is hereby amended as set forth therein.
Section 2. Repeal. All portions of prior ordinances, including those within Urgency Ordinance 19-19, to the extent that they are inconsistent with the terms of this Ordinance are hereby repealed and replaced by this Ordinance.
Section 3. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), in that the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1, 65852.150 and 65852.2 is exempt from the requirements of CEQA. In addition, the proposed ordinance amendment is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) in that there is no possibility that the minor updates to the City’s ADU provisions will have a significant impact on the environment.
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Ordinance No. 2025-02 Page 3 of 4
Section 4. Inconsistencies with State Law. Any provision of this Ordinance which is inconsistent with State law shall be interpreted in a manner which is the most limiting on the ability to create ADUs or Junior ADUs, but which is consistent with State law. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect on the 31st day after adoption.
Section 7. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 8. Transmit Ordinance to HCD. The City Clerk is directed to send a copy of this ordinance to the Department of Housing and Community Development within 60 days of the adoption of this Ordinance.
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Ordinance No. 2025-02 Page 4 of 4
PASSED AND ADOPTED this _____ day of ________, 2025
_________________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM
______________________________ ________________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, Brenda Green, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 2025-xx ____ introduced at a regular meeting of the City Council of the City of Costa Mesa held on the ____ day of _____, 2025, and was thereafter adopted at a regular meeting held on the _____ day of _______, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Said ordinance has been published or posted pursuant to law.
Witness my hand and the official seal of the City of Costa Mesa this ____ day of _______, 2025.
_______________________________
Brenda Green, City Clerk
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§ 13-35 Accessory dwelling units.
(a) Purpose, general plan consistency, definitions.
(1) Purpose and interpretation. The intent of this section is to ensure that accessory dwelling units (ADUs) and Junior ADUs remain as an accessory uses in residential and mixed-use zones, that the structures on parcels are organized to accommodate an ADU and/or Junior ADU, and that such dwelling units do not adversely impact surrounding residents or the community. This section 13-35 is intended to retain the ability of the city to regulate ADUs in terms of design, aesthetics, massing and integration with existing structures and to comply with the requirements of state law.
(2) General plan consistency. In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as allowed under state planning and zoning law applicable to ADUs, and that the amendment furthers the goals, objectives, and policies of the general plan housing element.
(3) Definitions. For purpose of this section 13-35 only:
a. The terms "accessory dwelling unit" (ADU), "public transit," "passageway" and "tandem parking" all have the same meaning as that stated in Government Code section 65852.266313 as that section may be amended from time to time.
b. "Junior ADU" shall have the same meaning as that stated in Government Code section 65852.2266313(dh)(1) as that section may be amended from time to time.
c. A structure is considered "existing" if a building permit was issued and finalized before an ADU or JADU application is submitted under this section.
d. The terms "single-family dwelling" and "multifamily dwelling" exclude all detached accessory structures.
e. The term "single-family dwelling" is a dwelling (excluding any ADU or Junior ADU) that is not attached to another dwelling. Single-family dwellings may include detached single-family homes where there is more than one primary dwelling on a lot.
Attachment 2
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f. A "multifamily dwelling" is a dwelling (excluding any ADU or Junior ADU) within a multifamily dwelling structure.
g. A "multifamily dwelling structure" is a structure which contains at least two lawful dwellings within the structure, excluding ADUs and Junior ADUs. Storage rooms, boiler rooms, passageways, attics, basements, garages and other non-habitable spaces are considered within a "multifamily dwelling structure" if such non-habitable spaces are within the same structure as at least two other multifamily dwellings. (b) Accessory dwelling units.
(1) Residential and mixed use zones only. ADUs are permitted in single-family, multifamily, and mixed-use zones (i.e., zones where single-family and/or multifamily dwellings are allowed), and within approved master plan sites with residential uses in other zones, and only on a legal lot with proposed or existing residential dwelling(s) which will remain on site. By way of illustration only, the zones where accessory dwellings are allowed are shown on the Citywide Land Use Matrix at section 13-30. If there is any conflict between the requirement that ADUs be approved in (and only in) zones where single-family and multifamily dwellings are allowed and the Land Use Matrix, the former shall control. (2) Underlying zone. Except as otherwise provided in this section, ADUs shall conform to the development standards of the underlying zone.Reserved. (3) Ministerial. Any application for an ADU that meets the requirements of this section shall be approved ministerially by the city by applying the standards herein and without a public hearing or notice of decision or zoning approval in compliance with government code section 66317.
(4) Maximum number of dwelling units. The following is the maximum number of ADUs and or Junior ADUs allowed on any lot. Only one category may be used per lot including lots that include a mixture of single-family and multiple family dwellings with the exception as allowed in subsection c below. a. Single-family. One detached, new construction ADU, one conversion ADU, and one junior ADU Only one ADU and only one Junior ADU may be permitted on a lot with a proposed or existing single-family dwelling subject to the following:
1. Conversion within a single-family dwelling.
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(i) An ADU or and Junior ADU may be within the existing footprint of a lawful single-family dwelling. Alternatively, an ADU may be within a lawfully constructed existing detached accessory structure; in this case up to 150 square feet may be added beyond the physical dimensions of the existing accessory structure solely to accommodate ingress and
egress to the ADU; and
(ii) Each such ADUs and Junior ADUs must have
independent exterior access from the single-family dwelling, and have side and rear setbacks sufficient for fire safety; orand
2. New construction (attached or detached). One new construction ADU may be permitted on a lot with proposed or existing single- family dwelling. One new construction Junior ADU may be allowed on the lot if the Junior ADU is to be in a single-family dwelling that meets all applicable legal standards.
b. Multifamily. Junior ADUs are not allowed on a lot with more than one residence. One ADUs are not is allowed within new construction residences where, after construction, there will be at least two residences on the lot (e.g. detached residential structures, duplexes, apartments); up to two ADUs are allowed with such structures pursuant to subsection 32, below. For lots with an existing legal multifamily dwelling (e.g., a legal non- conforming multifamily dwelling), the applicant may have ADU(s) pursuant to one of the following:
1. Maximum ADUs within existing multifamily dwelling structure. No more than 25%, with any partial unit rounded down) of the number of existing multifamily dwelling units on the lot, but at least one unit, shall be permitted as ADU(s) constructed within the enclosed nonlivable space (e.g., a space in a dwelling not intended for human habitation, including living, sleeping, eating, cooking, or sanitation)storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structures; or
2. Maximum attached ADUs. No more than one attached ADU is permitted. The attached ADU shall be included in the number of detached ADUs. The ADU shall be attached to the multifamily dwelling structure; or
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3. 2. Maximum detached ADUs. No more than two eight detached ADUs are permitted, provided that the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.. Both The units shall be detached from every residence on site (but need not be detached from each other) with the exception of one ADU, which may be attached to the multifamily dwelling structure. This section shall apply to detached structures that are converted and new construction detached ADUs. Conversion detached ADUs are not subject to height, setbacks, and maximum square footage; or
4. Maximum mixed (detached/within) ADUs. No more than 25%, with any partial unit rounded down) of the number of existing multifamily dwelling units on the lot, but at least one unit, shall be permitted as ADU(s) constructed within the enclosed nonlivable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structures; and no more than two ADUs that are detached from each multifamily dwelling structure on site.
c. Common interest developments. One conversion ADU may be permitted per unit on lots developed with common interest developments. (5) Maximum size.
a. Single-family.
1. Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not have more than 1,200 square feet.
2. Attached. An ADU attached to a single-family dwelling shall be no more than the greater of 50% of the square footage of the existing single-family dwelling or 1,000 square feet.
b. Multifamily, exterior new construction.
1. Detached. For lots with an existing legal multifamily dwelling structure the maximum square footage for a detached ADU is 850 square feet or 1,000 square feet for an ADU that provides more than one bedroom, except as allowed in Government Code Section 66323.; proposing one new construction detached ADU, the ADU shall not exceed 1,200 square feet. For lots with an existing or 176
proposed legal multifamily dwelling structure proposing two detached ADUs, the ADUs shall not exceed 800 square feet; or
2. Attached. For lots with an existing legal multifamily dwelling structure, an attached ADU shall not exceed the greater of 1,000 square feet or 50% of the average floor area of the existing multiple family dwelling units.
c. Interior conversions. Notwithstanding subsections a and b immediately above, ADUs which are converted from space entirely within lawful existing structures, and ADUs entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage. (6) Minimum size.
a. ADUs may be efficiency units. Notwithstanding the general limitation on efficiency units being no smaller than 220 square feet, ADUs may also be less than 220 square feet, provided that they are no smaller than 150 square feet, and comply with all other legal requirements. (7) Conversions of dwelling units.
a. Total conversion of single-family dwelling. An entire existing single- family dwelling may be converted to an ADU if the ADU complies with all applicable requirements of this section and a new single-family residence with a total gross floor area exceeding that of the ADU is constructed in full compliance with code requirements.
b. Partial conversion/addition. A portion of the existing single-family or multifamily dwelling may be converted to an ADU with new additional square footage, which additional square footage shall comply with all standards applicable to attached ADUsthe underlying zone, and all converted square footage shall comply with standards applicable to conversions. The maximum square footage of the attached ADU shall be based upon the size of the existing dwelling before construction of the ADU addition.
(8) Short-term rentals prohibited. An ADU shall not be rented for periods of less than 31 days.
(c) Junior ADUs.
(1) Rule. Junior ADUs shall comply with the requirements of this subsection, in addition to the requirements of subsection (d) of this section 13-35. 177
(2) Maximum size. A Junior ADU shall not exceed 500 square feet in gross floor area.
(3) Owner occupancy requirement. The owner of a parcel proposed for a Junior ADU shall occupy as a primary residence either the primary dwelling unit or the Junior ADU. Owner-occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code section 65589.5(k)(2), as that section may be amended from time to time.
(4) Short-term rentals prohibited. A Junior ADU shall not be rented for periods of less than 31 days unless otherwise authorized by the municipal code. (5) Location of Junior ADU. A Junior ADU shall be entirely within an existing or proposed single-family dwelling, including an attached garage. (6) Kitchen requirements. A Junior ADU shall include an efficiency kitchen, including a cooking facility with appliances, outlet for a small refrigerator, food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior ADU.
(7) Parking. No additional parking is required beyond that already required for the primary dwelling.
(8) Fire protection; utility service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a Junior ADU shall not be considered a separate or new unit, unless the Junior ADU was constructed in conjunction with a new single-family dwelling.
No separate connection between the Junior ADU and the utility shall be required for units created within a single-family dwelling, unless the Junior ADU is being constructed in connection with a new single-family dwelling. (9) Exterior and interior access. The Junior ADU shall include an exterior entrance separate from the main entrance to the single-family dwelling. If the Junior ADU shares bathroom facilities with the main dwelling, the Junior ADU shall also have interior entry to the main dwelling's living area. (d) Development standards and requirements. The following development standards shall not apply to a unit built subject to Government Code section 66323 (a), which includes: 1.) all converted unitsADUs (converted accessory structures are eligible for a 150 square foot expansion for purposes of ingress and egress), 2.) all converted JADUs, 3.) maximum 800 -square -foot, new-construction, detached ADUs with four- foot side and rear setbacks and height not exceeding 18 feet (two additional feet of 178
height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary unit), with single-family primary dwellings, and 4.) detached units with multifamily primary dwelling structures with four-foot side and rear setbacks and height not exceeding 18 feet (two additional feet of height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary units). Otherwise, Aall ADUs and Junior ADUs must comply with the following requirements unless the below standards and requirements preclude the development of an 800 square foot ADU with four-foot side and rear setbacks:
(1) Ministerial project. Any application for an ADU or Junior ADU that meets the requirements of this section or as permissible in Government Code Section 66332 shall be approved without a public hearing.
(2) Application by owner. An application for a building permit for an ADU or Junior ADU building permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city on a city-approved application form and subject to the established fee set by city council resolution as it may be amended from time to time.
(3) Separate sale prohibited. Except as otherwise provided by law (e.g., Government Code section 65852.26), ADUs and Junior ADUs may not be sold or otherwise conveyed separate from the primary residence. (4) Utilities.
a. All ADUs and Junior ADUs must be connected to public utilities (or their equivalent), including water, electric, and sewer services. b. Except as provided in subsection c immediately below, the city may require the installation of a new or separate utility connection between the ADU and the utility. For Junior ADUs, see subsection (c)(8), above. c. No separate connection between the ADU and the utility shall be required for units created within a single-family dwelling, unless the ADU is being constructed in connection with a new single-family dwelling. d. Each ADU and Junior ADU shall have a separate mailing address as assigned by the City.
(5) Recorded covenants. Before obtaining a building permit,Prior to final inspection and occupancy of JADUs, the owner shall file with the county recorder, in a form approved by the city attorney, a covenant which does all of the following:
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a. Prohibit the sale of the ADU and Junior ADU separate from the single- family residence; and
b. Unless subsequently prohibited by an amendment to state law, for ADUs approved on or after January 1, 2025, the JADU shall be considered legal only as long as either the primary residence or the JADU is occupied by the owner of record unless the owner is another governmental agency, land trust, or housing organizationor state law is amended to prohibit such requirements. Junior ADUs require owner occupancy of either the single-family dwelling or the Junior ADU; and c. Restrict the ADU or JADU to the maximum size allowed by Municipal Code section 13-35, as it may be amended from time to time; and d. Unless authorized by this Code, prohibit renting the ADU for periods less than 31 days; and
de. Confirm that the restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance.
(6) Passageway. No passageway shall be required in conjunction with the construction of an ADU.
(7) Building permits required. Applications for ADUs and Junior ADUs shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of Title 5 (Buildings and Structures). By way of reference only, current requirements generally require all dwellings to have no less than 220 square feet. Fire sprinklers shall not be required if they are not required for the primary residence; if, however, the ADU is attached to the primary dwelling, and if an addition to the dwelling would require sprinklers for an addition to the primary dwelling in the same location, then sprinklers shall be required. (8) Setbacks.
a. None. No setbacks are required for either: (1) those portions of ADUs that are created by converting existing living area or existing accessory structures to a new ADU; or (2) constructing new ADUs in the same location, while not exceeding the existing dimensions of an existing structure, including height. Notwithstanding the foregoing, ADUs shall, at minimum, comply with setbacks that are sufficient for fire and life safety. 180
b. Other setbacks. For all other ADUs, there shall be a minimum of setbacks of four feet from side and rear property lines and full compliance with all applicable front yard setbacks for the underlying zone (except as required by (Gov. Code, § 66321, subd. (b)(3)). Second floor ADUs shall provide setbacks in conformance with the underlying zone. All mechanical equipment associated with the ADU shall maintain the minimum setbacks. c. Distance between structures. The minimum required distance between a detached ADU and the primary dwelling unit, and all other structures on the property, including garages, shall be six feet unless otherwise established by the California Building Code.
(9) Height. Except as authorized in subsection b, below, in no event may any portion of a new construction ADU exceed 27 feet or two stories. or exceed the height of any other dwelling that could legally be on the property. In all cases, a height of at least 18 feet shall be allowed for ADUs. An additional two feet in height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. Furthermore, except as authorized in subsection a and b, below, an ADU shall be entirely only on the first floor. a. Second floor or two-stories. An ADU on a lot which has an existing lawfully constructed dwelling, may be in whole or in part on a second floor, or be a two- story ADU, if all five of the following occur:
1. All portions of the ADU structure on a second floor are at least 25 feet from the front property line; and
2. Each stairwell for the ADU is interior or complies with subsection (10), below; and
3. The second floor of any portion of the ADU, if built above a detached garage, does not exceed the footprint of the garage; and
4. No windows are installed on the second floor on side elevations if such windows are within 25 feet of a neighboring dwelling and face the neighboring property unless such windows have a minimum sill height of at least five feet; and
5. The second floor (or the entire two story ADU as applicable) meets the setbacks applicable to additions for the underlying zone. b. Within structure. The ADU is built entirely within either:
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1. A proposed or existing lawfully constructed single-family dwelling, except that an external stairwell to the ADU which meets all requirements of this Code, including the requirements of subsection (10), below, may be constructed to allow access to the ADU; or
2. The non-habitable space of an existing multifamily structure or within an accessory structure on a lot with a multifamily structure. (10) Exterior stairways, balconies.
a. Exterior stairways. A new exterior stairway to a second-floor ADU shall not be visible from the public right of way at the front of the property.
Second floor landings using an exterior stairway shall be kept to the minimum size required to comply with applicable codes. Stairways and landings shall incorporate screening materials designed to eliminate views into abutting properties. Stairways and landings, which exceed building code minimum sizes, are prohibited. Stairways and landings shall not be counted toward residential open space requirements.
b. Balconies. New balconies which face the street and are located at the front of the main residential structure are permitted provided that the balcony be set back a minimum of 20 feet from the front property line. On corner properties, balconies may face the side street provided that they maintain the setback for the underlying zone. Balconies within 25 feet of a neighboring residence shall incorporate screening to ensure there are no direct views into the abutting property. New construction balconies that are not facing the front of the property or a side street, are prohibited. c. Roof decks. No new roof decks are allowed for ADUs.
(11) Architectural standards.
a. Attached and detached ADUs. Each Attached and detached ADUs ADU which is attached to the primary dwelling shall appear to be part of the primary dwelling. It shall have the same design, materials, finishes, and colors as the primary dwelling and shall be in accordance with code design standards and guidelines applicable to the zone. b. Detached ADUs. Any detached ADU shall be compatible in exterior appearance with the primary unit or units in terms of design, materials, finishes, and colors within the same property on which it is proposed to be 182
constructed, in accordance with code design standards and guidelines applicable to the zone.
c. New construction Junior ADUs. New construction Junior ADUs shall match exterior appearance with the primary unit in terms of design, materials, finishes, and colors within the same property on which it is proposed to be constructed, in accordance with code design standards and guidelines applicable to the zone.
(12) Recommended gGarage conversions .design considerations. a. No blank Blank facade. When a garage is converted to an ADU, if the facade of the converted garage is visible from a public right-of-way, the following design considerations are recommended:facade shall implement at least one of the following:
1. Be covered with landscaping that covers at least 50% of the wall, or
2. Include openings of at least 10% of the facade with at least one door that complies with section (13) below or one window which matches the material and design of the existing windows on the residence.
b. (13) Driveway removal. The If a driveway leading to a garage being converted to an ADU may only beis removed, if it is must be replaced with landscaping or open space, and the curb cut and driveway apron are must be removed and replaced with a curb and gutter and parkway which meets city standards. If a driveway is Ppartially driveway removaleds, may be permitted if the remaining driveway must provides the minimum parking dimensions per subsection (1415) below.
(1314) Entry. The entrance to an ADU or Junior ADU shall match the materials and color of the primary residence(s), not be located on the same building elevation as the main reentrance of the primary residence(s) and shall be located along the building side, rear, or within the interior of the property, unless the economic and development services director approves an alternative configuration due to unique development circumstances.
(1415) Parking.
a. The owner may provide parking that is at least eight and a half (8.5) feet wide and 18 feet long and may be provided as:
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1. Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk; or
2. Within a setback area or in locations determined feasible by the city. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that such parking is not permitted anywhere else in the city. b. When any parking space or parking structure an existing garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking spaces do not have to be replaced, notwithstanding any other provision of this code to the contrary (e.g., the definition of "driveway" in section 13-6, Table 20-8(c) a driveway does not lose its status as a lawful "driveway" if it leads to a structure that was either converted from a garage into either an ADU or Junior ADU or demolished in conjunction with the construction of an ADU or Junior ADU. In no event shall the demolition of a parking space or parking structure garage be considered "in conjunction with" the construction of an ADU if the ADU will not be constructed within any portion of the footprint of the demolished garage.
(1516) Non-conforming. The city shall not require, as a condition of a permit for an ADU or Junior ADU the correction of nonconforming development standards. (16) Short-term rentals prohibited. ADUs and Junior ADUs shall not be rented for a term of less than 31 days, unless otherwise authorized by this Code. (17) Open space and landscaping. ADUs which exceed 800 square feet in gross floor area shall meet the open space requirements of section 13-32 and shall be subject to provide landscaping as required in section 13-106.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-202 Meeting Date: 4/1/2025
TITLE:
PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE RECONSTRUCTION OF FIRE STATION NO. 2
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. Award a Professional Services Agreement (PSA) to Accenture Infrastructure and Capital Projects LLC, 300 Spectrum Center Drive, Suite 1400, Irvine, California, in an amount not to exceed $1,774,775 for construction management services for the reconstruction of Fire Station No. 2, with an initial allocation of $225,000 and the remaining allocation following successful issuance of bond for Fire Station No. 2 Reconstruction Project.
2. Authorize a ten percent (10%) contingency in the amount of $177,477 for unforeseen costs related to the project.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.
BACKGROUND:
Fire Station No. 2, located at 800 Baker Street, provides fire protection and emergency response services to the Costa Mesa community. The Fire Department's mission is to prevent the loss of life and property. In addition to responding to fires, Fire Station No. 2 also responds to medical emergencies, motor vehicle accidents, rescue calls, and incidents involving hazardous materials.
For several years, Fire Station No. 2 has undergone maintenance and service issues and requires complete overhaul and reconstruction. Issues that need to be addressed include electrical and mechanical upgrades; heating, ventilation, and air conditioning improvements; modernization of life- safety fire equipment and communications; improved parking facilities; enhancements to the living quarters; improved landscaping; and structural and architectural advancements that adhere to current building codes and regulations.
Fire Station No. 2 has exceeded its useful life and is not compliant with current standards and
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File #: 25-202 Meeting Date: 4/1/2025
Fire Station No. 2 has exceeded its useful life and is not compliant with current standards and specifications, underserves current personnel capacity demands, and does not provide gender- neutral accommodations. On February 15, 2022, the City Council approved a design services contract for Fire Station No. 2. A community meeting was held on August 27, 2024, to present conceptual alternatives, and this was followed by a presentation to City Council on October 15, 2024.
The design of the new approximately 9,400 square foot Leadership in Energy and Environmental Design (LEED) Gold station is well underway to provide improved infrastructure for Fire Department operations. The new station will provide increased gender-neutral living quarters, an enlarged apparatus bay, utility, dining, medical, and storage rooms, improved site circulation, new mechanical, electrical, and plumbing systems. The construction of the new station is estimated at $12 million with an anticipated duration of three (3) years including pre and post construction activities. The recommended construction management firm will begin work immediately to perform a constructability review of the reconstruction plans and specifications and a general contractor pre- qualification process.
ANALYSIS:
The scope of services for this project consists of construction management services working closely with City staff for the duration of construction in addition to pre-and-post construction activities including the implementation of temporary living and operating quarters for fire personnel onsite during the reconstruction. Services also include review of the construction documents prior to construction bid, constructability analysis, review and analysis of general contractor bid proposals, construction conformance and quality oversight, document control, utility coordination, specialty inspection, geotechnical engineering and materials testing, resolution of day to day construction issues, requests for information and submittal review and management, change control management, labor compliance monitoring, ensuring schedule adherence, building commissioning and operational testing plans, LEED enhanced commissioning, and claims resolution.
On December 19, 2024, the City issued Request for Proposal (RFP) No. 25-14 for construction management services and received eleven (11) responsive proposals on January 15, 2025. All proposals were reviewed for compliance with the City’s Request for Proposals (RFPs), and the consultants were evaluated based on project understanding, depth of experience, technical expertise, and various qualifying factors.
After careful review and evaluation of all proposals, staff determined that Accenture Infrastructure and Capital Projects LLC is well qualified to perform the construction management services for the reconstruction of Fire Station No. 2. The firm exhibits a thorough understanding of the project scope and has demonstrated in having the technical ability and expertise with similar projects completed in Southern California. Staff determined the proposed cost for consultant services to be reasonable for meeting the City’srequirements as listed in the scope of services. The cost of services is competitive and within industry standards for these specialized services.
ALTERNATIVES:
The City Council could reject all proposals, re-advertise, and re-evaluate new proposals. Staff has determined that this will not result in a better outcome and will delay the project.
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File #: 25-202 Meeting Date: 4/1/2025
FISCAL REVIEW:
A portion of the funding for this project, for the required pre-construction activities, is available in the Fiscal Year 2024-25 Capital Improvement Program Budget in the Capital Improvement Fund (Fund 401). The Finance Department and the Public Works Department are in a consorted effort to issue a bond for the construction phase of the project. The remaining funding will be appropriated using the secured bond funds. The requested ten percent (10%) contingency for unforeseen costs is also available in the project budget.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and the proposed PSA (Attachment 1) and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This project works toward achieving the City Council goal to strengthen the public’s safety and improve the quality of life.
CONCLUSION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to Accenture Infrastructure and Capital Projects LLC, 300 Spectrum Center Drive, Suite 1400, Irvine, California, in an amount not to exceed $1,774,775 for construction management services for the reconstruction of Fire Station No. 2, with an initial allocation of $225,000 and the remaining allocation following successful issuance of bond for Fire Station No. 2 Reconstruction Project.
2. Authorize a ten percent (10%) contingency in the amount of $177,477 for unforeseen costs related to the project.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.
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1 Accenture Infrastructure and Capital Projects LLC
Rev. 1-2025
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS LLC
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 18th day of March, 2025 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS, LLC a California limited liability company (“Consultant”).
RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to perform construction management services for the reconstruction of Costa Mesa Fire Station No. 2, as more fully described herein; and
B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City 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.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the profess ional services described in City’s Request for Proposals, (including Addendum 1 and 2) 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 the matters of concern;
ATTACHMENT 1
188
2 Accenture Infrastructure and Capital Projects LLC
Rev. 1-2025
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws , including, but not limited to, those laws 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 a nd ordinances applicable to the services required under this Agreement. Consultant shall indemnify an d 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, except 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 disclosur e 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 Seven Hundred Seventy -Four Thousand Seven Hundred Seventy-Five Dollars ($1,774,775.00).
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2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City 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 su bmit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of t he authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work . Unless otherwise agreed to in writing by the parties, 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 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 party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination. 190
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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 March 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 t his 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 a nd 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.
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(c) Workers’ compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work 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 192
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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 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 communicati on 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:
Accenture Infrastructure & Capital
Projects LLC
300 Spectrum Center Drive, # 1400
Irvine, CA 92618
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
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Tel: (805) 459-7967 Tel: (714) 754-5096
Attn: Tyson Atwood Attn: Arash Rahimian
Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
6.5. Drug-Free Workplace Policy . Consultant shall provide a drug -free workplace by complying with all provisions set forth in City’s Council Policy 100 -5, attached hereto as Exhibit “D” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees . If litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties he reto 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 r elease Consultant of Consultant’ s obligation to perform all other obl igations 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 a s 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 194
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subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
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, assessme nts, 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 inde mnification arising under this paragraph.
6.11 Conflicts with Independent Contractor. Contractor/consultant’s duties and services under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.
6.12. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors 195
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providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.14. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other proj ects 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 e xpenses, 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, r eports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.15. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 7920.000 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 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 196
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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 necess ary 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.
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 s hall not be deemed a waiver of any right or remedy in 197
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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.
6.28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.29. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signatures appear on following page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONSULTANT
__________________________________ Date: __________________________ Signature
__________________________________
Tyson Atwood, PE, QSD, Principal-in-Charge
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
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APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Arash Rahimian
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-233 Meeting Date: 4/1/2025
TITLE:
APPOINTMENTS TO VARIOUS CITY COMMITTEES
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, (714) 754-5221 RECOMMENDATION:
Staff recommends the City Council make appointments as follows:
1. Animal Services Committee - Make three (3) member appointments with a term expiration of April 2027 (Appointments by Mayor Pro Tem Chavez, Council Member Reynolds, and Council Member Marr).
2. Active Transportation Committee - Make three (3) member appointments with a term expiration of April 2027 (Appointments by Mayor Pro Tem Chavez, Council Member Reynolds, and Council Member Marr).
3. Fairview Park Steering Committee - Make three (3) member appointments with a term expiration of April 2029 (Appointments by Council Member Buley, Council Member Gameros, and Council Member Pettis), one (1) member appointment with a term expiration of April 2027 (Appointment by Mayor Stephens) and confirm Hank Castignetti as the Orange County Model Engineers (OCME) City liaison.
4. Finance and Pension Advisory Committee - Make one (1) member appointment with a term expiration of April 2028 (Appointment by Council Member Buley).
5. Housing and Public Service Grants Committee - Make three (3) member appointments with a term expiration of April 2027 (Appointments by Mayor Pro Tem Chavez, Council Member Reynolds, and Council Member Marr) and one (1) member appointment with a term expiration of April 1, 2026 (Appointment by Council Member Buley).
6. Traffic Impact Fee Ad Hoc Committee - Make four (4) member appointments with a term expiration of April 2029; one (1) Major Developers’Representative, one (1) Small Developers’ Representative and two (2) At-large positions (Appointments by Council Liaison Reynolds).
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File #: 25-233 Meeting Date: 4/1/2025
BACKGROUND:
Animal Services Committee (3 Appointments)
3 Committee Members/Term Expiration of April 2027
The Animal Services Committee meets on the fourth Wednesday of the month except for August and December and provides advice and recommendations to the City Council on animal services issues and to promote pet licensing, assist with planning and execution of animal-related events. Staff received eight (8) applications for the vacancies to be filled (applications attached). Council may appoint any applicant; there is no requirement to appoint within a Council Member’s district.
1. Becca Walls - District 1 (Incumbent)
2. Olivia M. Eimers - District 2
3. Carlos Salampessy - District 2
4. Syed Zia Hussain - District 2
5. Dana S. Lavin - District 3
6. Mackenzie 'Kenzie" Huth - District 4
7. Stephen M. Smith - District 5
8. Tammy McGregor - District 6
Active Transportation Committee (3 Appointments)
3 Committee Members /Term Expiration of April 2027
The Active Transportation Committee meets on the first Wednesday of the month and helps plan and implement an Active Transportation network for the City by improving bicycle and pedestrian connectivity throughout the City, and also assists with the review, update and implementation of the city’sActive Transportation Plan. Staff received twelve (12) applications for the vacancies to be filled (applications attached). Council may appoint any applicant; there is no requirement to appoint within a Council Member’s district.
1. Syed Zia Hussain - District 2
2. Jose L. Toscano - District 3
3. Nicholas Lapating - District 3
4. Tiia Alcazar - District 5
5. Trace Yulie - District 5 (Incumbent)
6. Joselyn Perez - District 5
7. Austin Archer - District 5
8. Garrett R Kingsley - District 6
9. Drew John Murphy - District 6
10.Lisa Masson - District 6
11.Russell Toler - District 6
12.Joanna Farnham - District 6
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File #: 25-233 Meeting Date: 4/1/2025
Fairview Park Steering Committee (4 Appointments)
3 Committee Members /Term Expiration of April 2029
1 Committee Member/ Term Expiration of April 2027
The Fairview Park Steering Committee meets on the second Wednesday of every other month and evaluates the Fairview Park Master Plan, evaluates park enhancement opportunities that are compliant with Measure AA, and makes recommendations to the Parks and Community Services Commission and the City Council. Staff received ten (10) applications for the vacancies to be filled (applications attached). Council may appoint any applicant; there is no requirement to appoint within a Council Member’s district.
1. Jay Humphrey - District 1
2. Andrew Campbell - District 1 (Incumbent)
3. Karen D Allen-Reid - District 2
4. Syed Zia Hussain - District 2
5. Erik Roberts - District 2 (Incumbent)
6. Jose L. Toscano - District 3
7. Edwin (Bo) Glover - District 4 (Incumbent)
8. Denise Moon - District 5
9. Terri Fuqua - District 5
10.Drew John Murphy - District 6
Finance and Pension Advisory Committee (1 Appointment)
1 Committee Member/ Term Expiration of April 2028
The Finance and Pension Advisory Committee meets on the second Wednesday of the month and provides advice to the City Council on issues related to significant financial matters and advises annually on the adoption of the City’sbudget, the allocation of any budget surpluses, and the City’s investment performance and policies. Applicants shall have pension knowledge or shall be residents or individuals that conduct business within the City and have a background that includes experience in securities trading, financial planning, banking, auditing, accounting, or a closely related and relevant field. Staff received four (4) applications for the vacancies to be filled (applications attached).
Council may appoint any applicant; there is no requirement to appoint within a Council Member’s district.
1. James V Peters - District 1
2. Syed Zia Hussain - District 2
3. Daniel Morgan - District 3
4. Luke Ziegenmeyer - District 5
Housing and Public Service Grants Committee (4 Appointments) 3 Committee Members/Term Expiration of April 2027
1 Committee Member/Term Expiration of April 2026
The Housing and Public Service Grants Committee meets twice a year and helps to promote understanding of the community development process and activities funded by the U.S. Housing and Urban Development Department (HUD) and Community Development Block Grants (CDBG).
Additionally, the committee rates and ranks applications for CDBG public service grants, ultimately
203
File #: 25-233 Meeting Date: 4/1/2025
Additionally, the committee rates and ranks applications for CDBG public service grants, ultimately developing funding recommendations for City Council recommendations. Staff received ten (10) applications for the vacancies to be filled (applications attached).
1. Ginny Walker - District 1
2. Darrell Neft - District 1
3. Carlos Salampessy - District 2
4. Syed Zia Hussain - District 2
5. Becks Heyhoe-Khalil - District 3 (Incumbent)
6. Valerie Hass - District 3
7. Andrea Schmidt - District 4 (Incumbent)
8. Jose Gomez - District 5
9. Drew John Murphy - District 6
10.Alma Fausto - District 6
Traffic Impact Fee Ad Hoc Committee (4 Appointments)
1 Major Developers’ Representative /Term Expiration of April 2029 1 Small Developers’ Representative /Term Expiration of April 2029 2 At-large Members /Term Expiration of April 2029
The Traffic Impact Fee Ad Hoc Committee meets on an as needed basis and the purpose of the Committee is to fund the necessary transportation/circulation improvements, which are related directly to the incremental traffic impacts imposed on the City’s transportation system by the development of new and/or changing commercial, industrial, and residential uses as permitted by the General Plan. The traffic impact fee committee assists staff on all aspects related to the updating and revision of traffic impact fees. Staff received eight (8) applications for the vacancies to be filled (applications attached).
1. Carlos Salampessy - District 2
2. Syed Zia Hussain - District 2
3. Nicholas Lapating - District 3
4. Stephen Brahs - District 5 (Incumbent - Small Developers Rep.)
5. Drew John Murphy - District 6
6. Eric Vu - District 6
7. Jim Fitzpatrick - District 6
8. George M.K. Sakioka - Non-Resident (Incumbent - Majors Developers Rep.) ANALYSIS:
The City opened the Committee recruitment on February 26, 2025, and press releases/solicitations were sent on February 26, 2025, March 3, 2025, March 11, 2025, March 17, 2025, March 19, 2025, and March 21, 2025. In response to the City’s outreach efforts, a total of 40 applications were received.
ALTERNATIVES:
City Council may choose not to make appointments to the Committees or to extend the recruitment period.
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File #: 25-233 Meeting Date: 4/1/2025
FISCAL REVIEW:
There is no fiscal impact to the Fiscal Year 2024-2025 Budget since City Committee Members do not receive a stipend for serving on the various committees.
LEGAL REVIEW:
The City Attorney has reviewed this report and has approved it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends that the City Council make appointments to various City Committees.
205
City of Costa Mesa Application for City Committee (2025) 1 / 2
Q1
Full Name:
Becca Walls
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
I have been an active member of the animal service committee since it began in 2018. I was the chair for 5 years and the vice chair for one. I have lead in various ad hoc committees including on education, volunteering, and TNR. I am currently championing TNR for Costa Mesa. As one of only 2 original members, I deeply understand the history and progression of animal services in Costa Mesa. I have also volunteered hands on in animal rescue for over 8 years and taken courses and attended animal welfare conferences. I have networked with other rescues, shelters, and animal welfare groups to expand my knowledge on animal welfare and to stay up to date on current trends. I have coordinated and ran over 100 adoption events, conducted multiple low cost or free vaccine and microchip clinics, written articles for Costa Mesa's "The Scoop" animal newsletter, promoted and participated in multiple Costa Mesa animal related events. I would like to continue on the ASC to follow up on the new developments with TNR and continue to be an advocate for the animals of Costa Mesa.
Q4
As a Committee member, what ideas or projects are of interest to you? TNR is a priority. This not only includes ordinance changes but also a great deal of community education and outreach. Once legal, there will also be other opportunities for advocacy and grant initiatives to support this process. I have attended animal welfare conferences and learned about new ideas for increased licensure, disease management, sheltering services, and other topics that could be beneficial in Costa Mesa. I would like to see an increase in licensure and microchips within Costa Mesa. These are vital steps to ensuring animals are safely returned to the people who love them. #4#4
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206
City of Costa Mesa Application for City Committee (2025) 1 / 2
Q1
Full Name:
Olivia M Eimers
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
I am writing to express my interest in joining the Animal Services committee. As an experienced dog owner and active participant in organizing dog-related events in my neighborhood, I believe I can contribute valuable insights and energy to the committee’s work.
I have successfully organized a number of dog-related events such as [mention any specific events you’ve organized, such as pack walks, holiday pawrades in my neighborhood but also to local businesses , which has allowed me to cultivate strong relationships with local pet owners and businesses, and further my ability to engage the community.
I look forward to the possibility of working together to support our community. Thank you for considering my application.
Sincerely,
Olivia Eimers
Q4
As a Committee member, what ideas or projects are of interest to you? I am interested in participating in any existing events the committee has created along with creating new events.
Q5
Optional Resume:
Respondent skipped this question
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207
City of Costa Mesa Application for City Committee (2025) 1 / 2
Q1
Full Name:
Carlos Salampessy
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee,
Housing and Public Service Grants Committee,
Traffic Impact Fee Ad Hoc Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
Hello! Ive worked for a Licensed Commercial Architect as an Intern for the City of Murrieta in Riverside county for a year. I am an electrical engineer student looking to become licensed for urban development and I would like to take the steps forward in being involved in urban development as i finish school and work full-time.
Q4
As a Committee member, what ideas or projects are of interest to you? I would like to be involved in anything that is related to my studies which is traffic engineering or electrical planning and consulting. I would really like to be under some engineering to get some engineering hours and continue with my involvement in city development.
Q5
Optional Resume:
RESUME_3_2025.pdf (42.7KB)
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Profile
My Name is Carlos Aaron Salampessy and I am 27 years old. I’m currently studying for a BS Electrical Engineering at Arizona State University. I am currently working as a CNC operator manufacturing optical lenses. At the moment I want to continue my trade skills as an optician to support my education, and obtain my Professional Engineering License.
Experience
Optician III; MKS Instruments/Newport Optics — 2024-current Operating CNC spindle machines to polish small optical lenses for various equipment and instruments.
CNC Operator; Survival Systems International — 2024-2024 CNC Operator for HAAS and FANUC CNC machines. Programmed and setup contracts for Sikorsky aluminum parts and legacy steel parts for the company’s main product, lifeboats.
Optician/Crystal Growth Technician; Coherent Corp./II-VI Aerospace & Defense — 2022-2024
Technician and optician for the fabrication of optics and laser technology for military- grade equipment. Worked on a HAAS CNC machine and eccentric spindles for abrasion of materials. Monitored and and track the production of crystals using crucible furnaces. Reason for leaving: Company lay offs.
AutoCAD Designer; Empire Design Group, inc. — 2021-2022 Part-time Internship. Design As-built and Conceptual architectural plans for Residential and Commercial buildings and structures under Licensed Architect.
Reason for leave: Internship.
Stock Associate; Dollar Tree, Inc. — 2015-2020
Part-time working freight and stocking inventory. I worked on and off as I went to school full-time, and worked part-time while continually attended school part-time.
Painter; Absolute Painting — 2017-2019
Full-time during the Summer. Painted homes and landscaping both interior and exterior under Contracted Painter.
Education
Vista Murrieta High School; Murrieta, CA
Contact Info:
Skills
-C++ 2015
-Assembly Language
-AutoCAD 2021 & 2015
-MATLab 2024
-Microsoft Office
-Google Drive
-HAAS CNC
-FANUC CNC
-MasterCAM
-ASF Furnace operations
-Construct and read
Engineering and
Architectural plans
-Hand Crane Operation
and Safety
CARLOS SALAMPESSY
209
High School Diploma — 2015
Mt. San Jacinto Community College; San Jacinto, CA
AA Liberal Arts - Mathematics and Science — 2016-2020
Arizona State University; Phoenix, AZ
BS Electrical Engineering — 2021-2025
Projects
Architect Projects:
Commercial and Residential Projects and presentations available upon request.
Optician Projects:
Participated in a commercial breakthrough for efficient development of polishing for optics. The breakthrough used cerium oxide polishing compound with Sodium Hydroxide to improve the polishing process from 14 days to 1 day. Participated in the process to polish the surface with different abrasive compounds and test which compound can successfully be polished cost-effectively. 210
City of Costa Mesa Application for City Committee (2025) 1 / 2
Q1
Full Name:
SYED ZIA HUSSAIN
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee,
Active Transportation Committee,
Fairview Park Steering Committee,
Finance and Pension Advisory Committee,
Housing and Public Service Grants Committee,
Traffic Impact Fee Ad Hoc Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
I am undergraduate in Urban Planning and becoming a part of the Costa Mesa City Committee can help me understand and learn more about the real-world projects and issues faced by the City.
Q4
As a Committee member, what ideas or projects are of interest to you? I would like to incorporate my studies and would like to participate in the best of my abilities and knowledge to contribute to the best possible feedback and input I can provide.
Q5
Optional Resume:
SZH-URP-CM.pdf (400.4KB)
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211
SYED ZIA HUSSAIN
City of Costa Mesa, CA
PROFESSIONAL PROFILE
Devoted and team-oriented ESFJ personality type with over 2 years of hands-on involvement in, urban planning, community involvement, and project supervision. Described as warm-hearted and paying attention to clients, and do well with team members in the effort to accomplish defined objectives. Skilled in data analysis, organizing and conducting research, preparing data visualization of research finding of projects in compliance with municipal codes and policies. Expert in performing practical studies like social survey, or case study of urban environment. Seeking to adopt practical experience and utility-focused mind-set towards achieving defined project goals.
EDUCATION
Bachelor of Science in Urban and Regional Planning 2025 Cal Poly Pomona, California, United States
Associate Degree in Architecture 2019 Orange Coast College. California, United States
Associate Degree in Event Management 2016 Orange Coast College. California, United States
RECREATIONAL PROJECTS
Creative Brain (After School Program) Feb - updated Teach classes for Art, animation, and music at the Advanced Learning Academy, Santa Ana, CA.
Community Service Leader II | City of Costa Mesa (Recreational Dept) Part-Time Jan – Mar 2024 Supporting the R.O.C.K after-school program by actively positive learning environment and Demonstrating self-motivation and teamwork skills to collaborate effectively with colleagues and program participants. Assisting in on-field program planning and maintaining detailed records, including daily schedules, logbooks, and work hours. Supervising student check-ins and check-outs, coordinating activities, conducting fire drills, and providing assistance with homework, arts and crafts, and recreational games.
Student Connect SoCal Community Outreach | SCAG Project May 2023 – Jun 2023 Engaged with the public to encourage survey participation and conducted interactive street events to gather community feedback. Researched potential locations for future surveys and provided strategic recommendations to enhance outreach efforts.
INTERNSHIP EXPERIENCE
Planning Aide Intern | Cal Poly Pomona Facility Planning and Management, CA Maintained accurate records and organized files to ensure efficient access to project documentation and information as may be needed. Conducted cold calls to gather relevant data, created detailed figure-ground drawings, and performed comprehensive site and data analyses to support project planning.
Prepared and printed architectural drawings, authored detailed reports, and handled various administrative tasks to assist in daily operations.
Administrative Intern | City of Tustin Department of Community Planning, Tustin, CA Reviewed variance applications, conditional permits, and design reviews to ensure compliance with planning standards and regulations. Conducted quality control checks and updated code files to maintain accuracy and consistency within project documentation. Analysed and evaluated General Plans, zoning ordinances, subdivision plans, and environmental reports to support informed decision- making.
SKILLS
Communication | Interpersonal Relation | People Management | Project Support | Report Writing | Urban Planning | Urban Design | MS Office | SketchUp | Rhino | AutoCAD | Adobe Creative Suite | Micro-Station | ArcGIS | InDesign | Research | Customer Service | Marketing and Sales | Organizational Skills | General Clerical Tasks | Data Management | Data Entry | Data Visualization
MEMBERSHIP
Member of Mobile Housing Committee, City of Costa Mesa, CA American Planning Association
ACHIEVEMENT:
Fonder of “Smart City Developers” (Students and young professionals NP organization. Organize seminars, produce documentaries, and community development projects)
Smart City Developers - YouTube
(channel)
https://www.youtube.com/watch?v=6hnuY80V_PM&t=18s
https://www.youtube.com/@ocsmartcitydevelopers6812
Member of Mobile House Park Advisory Committee at City of Costa Mesa 212
City of Costa Mesa Application for City Committee (2025) 1 / 2
Q1
Full Name:
Dana S. Lavin
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
I was on the original committee when it started. Covid hit and I became a homebody. Now I am ready to continue my work. I am an animal lover both domestic and wildlife. Helping Costa Mesa with programs and assistance for the safety & wellbeing of these animals is important to me
Q4
As a Committee member, what ideas or projects are of interest to you? Public education. Working to engage the community in what we do, what they can do and what services are available to them. Help to find and implement an actual shelter in the city.
Q5
Optional Resume:
Respondent skipped this question
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213
City of Costa Mesa Application for City Committee (2025) 1 / 2
Q1
Full Name:
Mackenzie "Kenzie" Huth
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
I am well connected to the volunteer TNR community in OC, including Ladan at Friends of Normie. I want to be more involved in a way that helps link volunteers to the city in order to help tackle the feral cat problem in Costa Mesa.
Q4
As a Committee member, what ideas or projects are of interest to you? TNR of feral cat colonies. If we can control the feral colonies, then coyotes will be less attracted to our residential areas and our pet dogs and cats will be more safe.
Q5
Optional Resume:
Respondent skipped this question
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City of Costa Mesa Application for City Committee (2025) 1 / 2
Q1
Full Name:
Stephen Smith III
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
On August 6th of last year, I adopted my first dog ever, “Kylie”, marking the first time I’ve had the wonderful pleasure of owning a dog.
This transformative experience introduced me to the joys and responsibilities of pet ownership, while highlighting the critical role of animal services in our city. Kylie’s adoption brought immense happiness into my life and revealed to me the broader significance of programs like pet licensing, fostering, and adoption events – efforts that sustain the well-being of pets and enhance the vitality of Costa Mesa. Drawing from this personal journey, I am eager to contribute my enthusiasm and insights to the “Animal Services Committee” (ASC), ensuring that more animals like Kylie find loving homes and that our community’s animal care system flourishes.
My motivation to serve on the ASC also stems from a strong commitment to civic engagement and the belief that individual contributions can meaningfully strengthen our community – an ideal I hold dear as an American. I recognize the value of education, veterinary care, and events like Barktoberfest, which not only foster bonds between residents and their pets, but also unite our community and foster the sense of personal belonging among the broader population. If granted the opportunity to join the committee, I look forward to collaborating with others to improve live release rates, promote responsible pet ownership, and address the administrative challenges within our animal services program. Serving on the ASC would allow me to give back to Costa Mesa – my adoptive home and a city I cherish – by extending the compassionate care Kylie received to countless other animals and residents, enriching our community for all.
Q4
As a Committee member, what ideas or projects are of interest to you? Amending TNR, Barktoberfest, expanding animal access to public parks within the existing framework (i.e. lessening the restrictive nature of city ordinances around dog's access to parks). #34#34
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215
Stephen M. Smith
Technical Skills
Languages: JavaScript, Typescript, Nodejs, C#, SQL (MySQL, PostgreSQL, VBA Frameworks & Tools: .NET Core, React, Nodejs, HTML5/CSS, GitHub, Visual Studio, Visual Studio Code Concepts: Data Structures, Agile Methodologies, Cloud Computing, Debugging & Monitoring Software: Confluence, Jira, Trello, FIGMA, AWS, SAP
Professional Experience
TTEC (TTEC-Digital) Costa Mesa, CA• September 2021 to Present Consultant, Technology Consulting (TAM)
• Triage Technical Issues, perform root cause analysis, and coordinate cross-functional teams, including real-time data processing and system integrations. Reducing client ticket resolution time. • Write and deploy custom JavaScript, Typescript and C# code to address client-specific changes within the constellation of AWS’ suite of services and features.
• Elicit and document technical requirements, reduce complex customer requirements into actionable features and improvements in cloud call center environments.
• Leveraged client relationships to execute system integrations and contract work. • Collaborate with developers and clients to design, scope, and deploy software solutions for Amazon Connect, AWS and integrations with CRM technology like salesforce to enhance call center performance and operations.
Software Support Engineer
• Develop and maintain client codebases, integrating restful APIs and optimizing performance for high-traffic call center environments using TypeScript and other tools.
• Work hand in glove with clients to debug and enhance software reliability, ensuring seamless functionality across distributed systems.
• Partner with end-users to identify inefficiencies, proposing and prototyping solutions that improve mission-critical outcomes.
Advanced Sterilization Products Irvine, CA • October 2019 to May 2020 Data Analyst
• Built VBA-based automation tools to streamline SAP data reconciliation, reducing manual effort significantly to ensure compliance during M&A related system migration.
• Conducted cross-system data analysis to resolve integration issues, leveraging SQL queries to validate and standardize product entries.
• Collaborated with engineering and regulatory teams to troubleshoot and resolve data processing challenges under deadline.
Bravo Business Media Plymouth Meeting, PA • November 2017 to October 2018 Product Data Coordinator
• Authored complex SQL queries to perform quality assurance on large data sets (200+ brands), identifying and resolving data inconsistencies.
• Developed VBA tool (excel) to automate problematic data pattern detection and correction, improving data integrity and operational scalability.
• Designed and executed outreach campaigns, integrating technical solutions with business needs to enhance customer engagement.
216
Stephen M. Smith
Page Two of Two
Education & Certifications
American University, B.A. Political Science • Washington, DC • 2012 AWS Cloud Practitioner (Amazon Web Services)
.Net Full Stack Foundation (Coursera)
217
City of Costa Mesa Application for City Committee (2025) 1 / 2
Q1
Full Name:
Tammy McGregor
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
Hello
I am a longtime resident of Costa Mesa, a City I love. I am also a dog owner. I think I could benefit this committee because I would love to see information put towards helping the City of Costa Mesa become better acquainted with the community for Animal Services.
I recently registered our dog with the City of Costa Mesa and would love to see more people go through this (cheap & easy) process.
Most people do not even know they need to register their dog. It not only helps the dog owners but the general public as well. I am always up for learning new things about not just dogs but cats too that could help out the community. I have always wanted to be involved in our community and being an avid dog lover and owner I feel I could be a great addition.
Q4
As a Committee member, what ideas or projects are of interest to you? Pet licensing and assisting with animal related events
Q5
Optional Resume:
Respondent skipped this question
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City of Costa Mesa Application for City Committee (2025) 1 / 2
Q1
Full Name:
SYED ZIA HUSSAIN
Q2
Indicate the name of the Committee you are interested in serving on:
Animal Services Committee,
Active Transportation Committee,
Fairview Park Steering Committee,
Finance and Pension Advisory Committee,
Housing and Public Service Grants Committee,
Traffic Impact Fee Ad Hoc Committee
Q3
Indicate why you wish to serve on this Committee. Provide any experience or qualifications you may possess that you think would be beneficial to this Committee. A resume (optional) may be attached.
I am undergraduate in Urban Planning and becoming a part of the Costa Mesa City Committee can help me understand and learn more about the real-world projects and issues faced by the City.
Q4
As a Committee member, what ideas or projects are of interest to you? I would like to incorporate my studies and would like to participate in the best of my abilities and knowledge to contribute to the best possible feedback and input I can provide.
Q5
Optional Resume:
SZH-URP-CM.pdf (400.4KB)
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219
SYED ZIA HUSSAIN
City of Costa Mesa, CA
PROFESSIONAL PROFILE
Devoted and team-oriented ESFJ personality type with over 2 years of hands-on involvement in, urban planning, community involvement, and project supervision. Described as warm-hearted and paying attention to clients, and do well with team members in the effort to accomplish defined objectives. Skilled in data analysis, organizing and conducting research, preparing data visualization of research finding of projects in compliance with municipal codes and policies. Expert in performing practical studies like social survey, or case study of urban environment. Seeking to adopt practical experience and utility-focused mind-set towards achieving defined project goals.
EDUCATION
Bachelor of Science in Urban and Regional Planning 2025 Cal Poly Pomona, California, United States
Associate Degree in Architecture 2019 Orange Coast College. California, United States
Associate Degree in Event Management 2016 Orange Coast College. California, United States
RECREATIONAL PROJECTS
Creative Brain (After School Program) Feb - updated Teach classes for Art, animation, and music at the Advanced Learning Academy, Santa Ana, CA.
Community Service Leader II | City of Costa Mesa (Recreational Dept) Part-Time Jan – Mar 2024 Supporting the R.O.C.K after-school program by actively positive learning environment and Demonstrating self-motivation and teamwork skills to collaborate effectively with colleagues and program participants. Assisting in on-field program planning and maintaining detailed records, including daily schedules, logbooks, and work hours. Supervising student check-ins and check-outs, coordinating activities, conducting fire drills, and providing assistance with homework, arts and crafts, and recreational games.
Student Connect SoCal Community Outreach | SCAG Project May 2023 – Jun 2023 Engaged with the public to encourage survey participation and conducted interactive street events to gather community feedback. Researched potential locations for future surveys and provided strategic recommendations to enhance outreach efforts.
INTERNSHIP EXPERIENCE
Planning Aide Intern | Cal Poly Pomona Facility Planning and Management, CA Maintained accurate records and organized files to ensure efficient access to project documentation and information as may be needed. Conducted cold calls to gather relevant data, created detailed figure-ground drawings, and performed comprehensive site and data analyses to support project planning.
Prepared and printed architectural drawings, authored detailed reports, and handled various administrative tasks to assist in daily operations.
Administrative Intern | City of Tustin Department of Community Planning, Tustin, CA Reviewed variance applications, conditional permits, and design reviews to ensure compliance with planning standards and regulations. Conducted quality control checks and updated code files to maintain accuracy and consistency within project documentation. Analysed and evaluated General Plans, zoning ordinances, subdivision plans, and environmental reports to support informed decision- making.
SKILLS
Communication | Interpersonal Relation | People Management | Project Support | Report Writing | Urban Planning | Urban Design | MS Office | SketchUp | Rhino | AutoCAD | Adobe Creative Suite | Micro-Station | ArcGIS | InDesign | Research | Customer Service | Marketing and Sales | Organizational Skills | General Clerical Tasks | Data Management | Data Entry | Data Visualization
MEMBERSHIP
Member of Mobile Housing Committee, City of Costa Mesa, CA American Planning Association
ACHIEVEMENT:
Fonder of “Smart City Developers” (Students and young professionals NP organization. Organize seminars, produce documentaries, and community development projects)
Smart City Developers - YouTube
(channel)
https://www.youtube.com/watch?v=6hnuY80V_PM&t=18s
https://www.youtube.com/@ocsmartcitydevelopers6812
Member of Mobile House Park Advisory Committee at City of Costa Mesa 220
City of Costa Mesa Application for City Committee (2025) 1 / 3
Q1
Full Name:
Jose L. Toscano
Q2
Indicate the name of the Committee you are interested in serving on:
Active Transportation Committee,
Fairview Park Steering Committee
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