Presentations and Supplemental Material — Costa Mesa City Council, January 20, 2026

City Council Meeting
January 20, 2026
PCTY-25-0007
Two-Unit Small Lot Ordinance
Zoning Code Amendment
2 Background
• Small Lot Ordinance (SLO) History
 Established April 1, 2014 as
Orange County’s first SLO
 15-unit subdivisions
 Development standards have
been modified on three
occasions
• Senate Bill 9
 Allows for 2-unit subdivisions in
R1 zoning districts

3 Zoning Code Amendments
• Ministerial pathway for two-unit small
lot ordinance projects
• Provide clarification of development
standards based on past practices and
interpretations
• Reduce processing time, increase
housing opportunities, and provide
consistency between other residential
standards.

4 Two Unit Small Lot Ordinance Check List
• Checklist required with two-unit
SLOs
• Objective development
standards and objective design
requirements

5 Dec. 8, 2025 Planning Commission Review
• Recommended that City Council conduct first reading of the Ordinance (5-2 vote)
• Clerical amendment included in Table 13-29(c)
• Supported the streamlined process and requested that City Council consider reducing fees for ministerial subdivisions
• Concerns that the ministerial process would remove notice to neighbors and would remove public input for two-unit projects 6 Fee Resolution
• Current fee for typical project is $7,850.78.
• New fee proposed to be $2,800.00.

7 California Environmental Quality Act
The proposed Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule) in that no increase in density is created, no new land uses are authorized, and no reasonably foreseeable physical change to the
environment would occur.
8 Recommendation
1) Find that the project is Exempt from the California
Environmental Quality Act (CEQA), Section
15061(b)(3) (“General Rule”) based on the findings
and conclusions in the staff report;
2) Introduce for first reading, by title only, Ordinance No. 2026-XX approving Code Amendment PCTY-25-
0007, amending the Zoning Code sections pertaining
to two-unit SLO projects; and
3) Adopt a resolution establishing a fee for two-unit
ministerial SLO projects and reaffirming the same fee
for Urban Lot Split projects.

City Council Meeting
January 20, 2026
Proposed Ordinance Requiring
Staffing at Self-Service
Checkout Stations
2 Background
• On August 12, 2025, Long Beach City Council adopted an ordinance to mandate staffing requirements at grocery and drug retail stores • On November 4, 2026, Costa Mesa staff presented a preliminary analysis of the City of Long Beach ordinance and impacts of implementing a similar measure in Costa Mesa
• City Council directed staff to prepare an ordinance based on the City of Long Beach for its consideration
3 Outreach and Engagement
• Input by United Food and Commercial Workers (UFCW)
 State legislation and local efforts are modeled on pandemic hazard pay measures  Require staffed checkout during all hours
 Store policies divert employees from assisting customers  Language barriers or machine errors result in negative customer experience with complaints directed to employees
 Retail theft is underreported
• Concerns from Grocers & Retailers
 Effectively a ban on self-checkout
 Self-checkout is addressed in collective bargaining agreements and state legislation is pending with UFCW included in discussions
 No substantial theft
 Need to provide consumers options
4 Initial Findings
• City of Long Beach- 4 months observations
 Stores and customer frustration
 No increase in staffing observed by city staff
 Longer lines observed during holidays
 Prohibiting locked goods and enforcing the 15 items or less limit has created confusion
 Fines and costs from private right of action are substantial concerns for stores

5 Proposed Costa Mesa Ordinance
• Key Highlights:
 Applies to food retail establishments over 15,000 square feet and to all drug retail establishments
 Requires staffing of one employee per three stations (1:3)  Limits self-checkout to 15 items or less
 Prohibits self-checkout for items locked or with theft-deterrent measures
 Private right of action
• Alternative compliance through use of design elements and staffing:
 Separated and secured by barriers
 Placed away from exits
 Dedicate staff in self-checkout areas
6 Enforcement & Penalties
• Provides for civil action by employees or customers
• Signage required
• Notification to stores
• Seven days to cure
• Penalties
 $100 per Violation Increasing by $100 Per Day ($1,000 max per employee)
 Attorney’s Fees and Costs
7 Costa Mesa Stores

8 Economic Impacts
• Shopping in Dollars: In
or Out: Retail Spending
Report
• This chart illustrates
residents shopping
locally in Costa Mesa or
elsewhere highlighting
retail gaps, strengths
and opportunities.

Retail Leakage Retail Surplus
9 Economic Impacts cont.
• Buxton Retail Leakage Report shows Costa Mesa with a retail surplus in most store types
• However, a 60% shortfall in General Merchandise is largely due to lack of a warehouse club store, and the limited number of superstores or department stores

10 Alternatives
The City Council may:

1. Take no action on the proposed ordinance and direct staff to support state legislation applying reasonable standards to stores in all cities

2. Direct staff to amend the proposed ordinance to align with pending state legislation and existing collective bargaining agreements that require a Non-Self Service Checkout station always be open and one staff person be dedicated per bank of self-checkout machines

3. Receive and file this report
11 Recommendations

1. Receive public comment and consider the provisions of the draft ordinance

2. Introduce and give first reading, waiving further reading, to Ordinance No. 2026-XX Adding Article 7 of Chapter II of Title 9 to the Costa Mesa Municipal Code relating to Grocery and Drug Store Staffing Standards for Self-Service Checkout Stations
City Council Meeting
January 20, 2026
Award of Contract for the Shalimar Park
Improvement Project
City Project No. 25-06
2 History and Park Amenities
• Shalimar Park is located at 782
Shalimar Drive, Costa Mesa.
• The park was dedicated in 1999 and
currently features an aging playground,
trees, seating area, and benches.
• The proposed improvements will
expand the park area, and enhance
the playground equipment, play area,
landscaping, irrigation, lighting, and
supporting facilities.

3 • City contracted in 2023 with Pat West, LLC
and City Fabrick to conduct community
outreach meetings.
• Preliminary design options and renderings
were discussed with the Parks and
Community Services Commission on
August 10, 2023.
• City staff conducted a Request for
Proposals to provide design services
 On January 16, 2024, City Council
awarded Community Works Design
Group as the consultant.

Preliminary Design and Consultant Selection
4 Shalimar Park Improvement Project
• Initial Community Engagement – June 22, 2023
 Pat West, LLC
 City Fabrick
• Community Workshop - May 17, 2024
• Outreach and Engagement
 Project Website
 Neighborhood Canvassing
 Community Partners
 Social Media
 E-notifications & Newsletters
 Local Schools
 Nearby Businesses
 Park Posting
 Surveys

5 Project Information
• Bid Opening on October 27, 2025
• *Contractor: Micon Construction, Inc.
• Contract Amount: $1,296,650
• Funded through
 State Grant Fund from then State Senator David Min
 Capital Improvement Fund
*Two bidders: ACC Engineering, LLC and Earthscapes Landscape, Inc. were deemed to be non-responsive.
6 Project Timeline
• Adjacent building demolition
 Public Bid Opening – 10/03/2025 [COMPLETED]
 City Manager Award – 11/06/2025 [COMPLETED]
 Tentative Demolition Timeline – February to March 2026  Demolition Closeout – April 2026
• Park construction timeline
 Public Bid Opening – 10/27/2025 [COMPLETED]
 City Council Award – 01/20/2026 [PENDING]
 Tentative Construction Timeline – March to September 2026  Maintenance Period – 90 days
 City Council Acceptance – November 2026
7 Next Steps
• Community outreach plan regarding construction undertaken by City staff • Supplemental recreation programming:
 Targeted Outreach: Door-to-door engagement, app communication with parents, and on-site staff program sign-ups.
 Existing Program Offerings:
o BeFit Basketball (Elementary)
o Teen Center Programming (6th–8th grade)
 New Program Offerings:
o Weekly neighborhood sports games and challenges
o “City Government in Action” youth program
 Transportation & Access: Shuttle service provided for off-site programs • Next phase of community outreach on Shalimar Park Phase 2 to be coordinated by City staff and consultants.
8 Project Information
• Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines section 15301.
• Adopt plans, specifications, and working details for the Shalimar Park Improvement Project, City Project No. 25-06.
• Reject the bids submitted by ACC & Engineering, LLC and Earthscapes Landscape, Inc. as non-responsive.
• Award a Public Works Agreement (PWA) for construction to the second lowest bidder, Micon Construction, Inc., in the amount of $1,296,650 and authorize a ten percent (10%) contingency in the amount of $129,665 for unforeseen costs related to this project. • Authorize the City Manager and the City Clerk to execute the PWA with Micon Construction, Inc., and future amendments to the agreement within Council authorized limits.

City Council Meeting
January 20, 2026
Authorization to Appropriate Opioid
Settlement Funds
2 Background
2021 National Settlements
• Opioids litigation brought by states and local political subdivisions against:
 “Distributors” - McKesson, Cardinal Health, and
AmerisourceBergen
 “Manufacturer” - Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”)
• Defendants ordered to pay up to $26 billion, with the City’s allocation projected at $1,839,900.90 over 15 years.
3 Background cont.
2022 National Settlements
• Opioids litigation brought by states and local political subdivisions against:
 “Pharmacies” - CVS, Walgreens, and Walmart
 “Manufacturers” - Allergan and Teva
• Defendants ordered to pay up to $18.52 billion over 15 years, with the City’s allocation projected at $2,780,265.07 over 15 years.
4 2021 & 2022 National Settlements

Settlement Funds
Total Projected Opioid Settlement Funds $4,620,165.97
85% set-aside for direct services $3,927,141.07
Funding received/available $1,185,590.12
Remaining balance $2,741,550.95
15% set-aside for legal fees $693,024.90
Outstanding legal fees $167,137.19
Remaining Balance $525,887.71
5 Expenditure Guidelines
50% of funds must:
• Support Behavioral Health Continuum Infrastructure Program (BHCIP) facilities
• Create new or expanded substance use disorder (SUD) treatment infrastructure.
• Address the needs of populations disproportionately impacted by SUD, including sheltered and unsheltered people experiencing homelessness.
• Divert people with SUD from the justice system into treatment • Implement interventions to prevent drug addiction in vulnerable youth. 6 Opioid Remediation Strategies:
• Naloxone or other FDA-approved drug to reverse opioid overdose • Opioid-related treatment
• Expanding services to pregnant/post-partum women
• Expansion of warm hand-off programs and recovery services, including:
 emergency shelter, access to recovery/specialty housing, transportation, education, job training, case management, and connections to community-based services.
• Treatment for incarcerated population
• Prevention programs
• Syringe service programs
Approved Uses
7 Staff recommends the City Council authorize the appropriation of past and future Opioid Settlement Funds to subsidize eligible expenses including legal fees and opioid remediation services for people experiencing homelessness.

Recommendations
City Council Meeting
January 20, 2026
1626 Placentia Avenue (PSCR-25-0001)
Urban Plan Master Plan Screening
2 Background
• Urban Plan adopted on April 4,
2006.
• Intend to provide property owners
additional incentives to reinvest and
redevelop properties.
• Promotes residential uses within
existing development capacity.
• City Council screening is the first
step.

MASTER PLAN

SCREENING

BY CITY COUNCIL
Master Plan Submittal
Application deemed
complete
Application is
missing information
Environmental Review
Planning Commission
Public hearing
Master Plan approved Master Plan denied
Appeal Period Observed
3 LEGEND
Mesa West Bluffs Urban Plan
Mesa West Bluffs
19 West
Residential Ownership

WESTSIDE URBAN PLAN AREAS
4 • Solicit City Council comments on the overall merits and appropriateness of a project concept prior to the filing of formal entitlement applications. • Advisory only and does not constitute project approval. • Planning Commission is the final review authority.

Master Plan Screening by City Council
5 Project Site
• 1626 Placentia
Avenue
• 1.4 acres
• Light Industrial Land
Use and General
Industrial Zoning
• Adjacent to various
automotive, storage,
contracting, fitness,
and service uses
Neighborhood Use Walk Distance Approximate Walk
Newport Heights Elementary
School

1.0 miles 23-minute walk
Ensign Middle School 1.9 miles 44-minute walk
Newport Harbor High School 1.4 miles 33-minute walk
Wilson Coffee / Eller Bakery 0.3 miles 6-minute walk
Lions Park 1.0 miles 22-minute walk
Heller Park 1.0 miles 22-minute walk
Trader Joe’s Grocery Store 0.6 miles 15-minute walk
American Gym 0.1 miles 1-minute walk
Beach 1.3 miles 32-minute walk

6 Proposed Project
• 34 units including 16
Live/Work Units and
18 Residential Loft
Units
• Two very low-income
units
• Two-car garages and
12 open parking
spaces
• Approximately 200
square feet of private
open space
7 Project Merits
• Meets objectives of the Urban
Plan by promoting urban housing
• Consistent with objectives of the
General Plan, Zoning Code, and
Urban Plan
• 34 additional ownership
residential units include two very
low-income units

8 Further Considerations
• Lack of residential
amenities
• Project is adjacent to
various industrial uses
• Project is not near
public parks and
schools
• Further opportunities
for additional private
open space including
roof decks
Placentia Avenue
9 Entitlement Process
• Project Plan Review Submittal
• Planning Commission to review:
 Master Plan
 Density Bonus
 Tentative Parcel Map

10 Recommendation
Discuss the screening application and provide preliminary feedback to staff and the applicant.

September 16, 2025
City Council Meeting

COMPENSATION, CLASSIFICATION
& STAFFING UPDATES

CMCEA, CMDMA, UNREPRESENTED EMPLOYEES
2 Background
• Negotiations with CMDMA were completed and new City Council Resolutions were approved by the City Council in 2024 for CMDMA and unpresented employees in the Confidential Management and Executive Groups.
• Negotiations with CMCEA were completed and a Letter of Agreement was approved by the City Council on June 17, 2025 and the pending MOU is scheduled to expire on June 30, 2026.
• The MOU/Agreement includes language stating that the parties can agree to update language that is outdated or needs modification or clarification. • The Human Resources Division collaborated with Department management and employee groups to recommend additional classification, compensation and staffing adjustments for CMCEA, CMDMA and unrepresented classifications based on previously negotiated provisions and to support organizational needs. 3 MOU Updates – Special Compensation
• Government Code Section 20636 defines “compensation earnable” for CalPERS “Classic Members” as the pay rate and special compensation of the member. • Government Code Section 7522.34 and California Code of Regulations defines “pensionable compensation” for CalPERS “New Members”
• CCR Section 571 requires all items of special compensation be contained in a written labor policy and include the conditions of payment and cannot be referenced in another document
• Some examples of special compensation include:
- Bilingual Pay - Certification/Education Pay
- Holiday Pay - Special Assignment Pay Pay

4 MOU Updates
• The new MOU for CMCEA includes:
 Language updates for special compensation items for compliance with the Public Employees’ Retirement Law, Public Employees’ Pension Reform Act of 2013, California Government code and Title 2 of the California Code of Regulations.  Incorporation of negotiated provisions per previous Side Letters and the current the Letter of Agreement for CMCEA.
 General language updates for provisions that may have been outdated, needed modification, or for consistency amongst groups with agreement from the association.
5 Resolution Updates
• The new resolution for CMDMA and unrepresented employees includes:
 Language updates for applicable special compensation items for compliance with the Public Employees’ Retirement Law, Public Employees’ Pension Reform Act of 2013, California Government code and Title 2 of the California Code of Regulations
 General language updates for provisions that may have been outdated, needed modification or clarification, or for consistency amongst groups. 6 CMCEA Compensation & Classification Updates
• The CMCEA MOU contains a provision for CMCEA to request up to five classification studies each year.
• For 2024, CMCEA requested classification studies for the following classifications:
 Community Services Specialist (Police Department)
 Property & Evidence Specialist (Police Department)
 Maintenance Worker in (Parks & Community Services Department) • Due to the complexity of the studies, the City retained Gallagher Consulting to conduct the classification studies for the Police classifications. • Based on the recommendations of the consultant and after extensive discussions with department management and the association, classification and compensation updates were recommended as follows:
7 CMCEA Recommended Updates
Current Classification Recommendation
Community Services
Specialist
(Police Department)
Expansion into a series (Community Services Specialist):
• Community Services Specialist (existing classification) • Senior Community Services Specialist (new classification – 6.2% increase) • Lead Community Services Specialist (new classification – 6.2% above Sr) Expansion into a series (Civilian Investigator):
• Civilian Investigator (new classification – 6.2% increase) • Senior Civilian Investigator (retitle existing classification) Property & Evidence
Specialist
(Police Department)
Expansion into a series
• Property & Evidence Specialist (existing classification) • Senior Property & Evidence Specialist (new classification – 7.5% increase) Maintenance Worker/
Sr. Maintenance Worker
(Parks & Com Services)
Creation of specialized classification
• Senior Fairview Park Maintenance Technician (new classification – 5% increase)
Community Outreach
Supervisor
(City Manager Department)
Compensation adjustment to address compaction with subordinate position (22.4% increase)
8 CMDMA Compensation & Classification Updates
• As part of the 2024 negotiations, the City agreed to conduct a market analysis study in 2025 for various classifications. Based on the market analysis study and a review of internal alignment, the following adjustments are recommended:
 Neighborhood Improvement Manager – 21.0%
 Recreation Manager – 11.43%
 Public Affairs Manager – 5.25%
• A 4.09% adjustment for the Assistant Development Services Director classification is also recommended to address a compaction issue with a subordinate classification. • The following title changes are also recommended based on a discussion with department management and the association:
 Community Improvement Manager to Code Enforcement Manager  Planning and Sustainable Development Manager to Planning Manager  Telecommunications Manager to Emergency Communications Manager 9 Executive Updates
• The following compensation updates are recommended for the Public Safety executive employees to address compaction issues with the Police Captain position and to address internal alignment:
 Base salary adjustment:
 6% increase for Deputy Police Chief and Assistant Fire Chief  2% increase for Police Chief and Fire Chief
 Longevity (Recruitment and Retention Incentive Pay):
 2.5% increase for Deputy Police Chief and Assistant Fire Chief  12.5% incentive for Police Chief and Fire Chief (new benefit) • The new Executive Resolution also includes the applicable provisions of the City Manager’s recently approved contract.
10 Additional Compensation Updates
• The City is recommending additional adjustments to the following unrepresented classifications:
 Reserve Senior Public Safety Dispatcher: 2% salary adjustment effective 7/1/25, 1/1/26 and 4/1/26 (consistent with CMCEA) to maintain alignment within the Dispatcher classification series.
 Video Production Aide: Align salary with the Intern classification to $ 23.00 - $27.96 per hour. This classification has not had a salary adjustment since 2019 other than the application of minimum wage (currently $16.50 per hour)  Police Recruit: Amend the Police Recruitment resolution to reflect the new pay rate for Police Recruit which was increased as a result of the CMPA’s contract negotiations. This item is administrative only to comply with CalPERS. • The City Clerk’s Division is requesting to convert two part-time Concierge Office Specialists to one full-time Office Specialist II (Confidential) position to assist with retention in area.
11 Fiscal Impact
Unit / Classification Fiscal Impact
CMCEA
Community Services Specialist
Property & Evidence Technician
Maintenance/Senior Worker
Community Outreach Supervisor
$174,850 per fiscal year
$67,341 one-time retroactive amount
$242,191 total estimated impact for FY 2025/26*
*Included in 2025/2026 budget
CMDMA
Neighborhood Improvement Manager
Recreation Manager
Public Affairs Manager
$119,794 per fiscal year
Executive
Police Chief, Fire Chief
Deputy Police Chief, Assistant Fire Chief
$226,731 per fiscal year
Part-Time
Video Production Aide
Reserve Senior Public Safety Dispatcher
$41,322 per fiscal year
Confidential Unit
City Clerk Office Specialist II
$51,552 per fiscal year
TOTAL $439,399 fiscal impact balance
Recommendation
• Adopt the new Memorandum of Understanding for
CMCEA
• Adopt City Council Salary and Benefit Resolutions for CMCEA, CMDMA and unrepresented confidential, part - time and executive employees establishing new
classifications, updating salary and benefits and updating language for consistency and compliance with CalPERS . • Approve conversion of two PT Office Specialist II to one FT Office Specialist II position in the City Clerk’s Division . • This item supports the City Council’s Plan goals to Recruit and Retain High Quality Employees and
Strengthen the Public’s Safety and Improve the Quality of Life .
12 1
2 3
4 ORDINANCE NO. ORD-25-0010

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY ADDING CHAPTER 5.93, RELATING

TO ESTABLISHING STAFFING REQUIREMENTS FOR

SELF-SERVICE CHECKOUT STATIONS AT GROCERY

AND DRUG STORES TO ADVANCE PUBLIC SAFETY AND

PREVENT RETAIL THEFT
Z c 11-
h jj 0
0 C/) 0
al0a'f5
WHEREAS, the City of Long Beach has prioritized strategies and partnerships to help prevent grocery and drug retail theft and deter individuals responsible for it;
WHEREAS, in 2025, city leaders launched a series of community roundtables to bring together public safety officials, employees, and business stakeholders to identify solutions that help address the impacts of retail theft; WHEREAS, on March 12, 2025, at a Retail Theft Roundtable hosted by Mayor Richardson, Councilmember Zendejas, and Councilmember Thrash-Ntuk, retail workers from grocery and drug retail establishments throughout Long Beach shared personal experiences about the chronic understaffing of self-checkout (SCO) stations operations in their stores, the frequency of theft that occurs through SCO stations, and the associated increases in harassment, violence, and intimidation they have encountered due 28 to understaffing of SCO operations;
WHEREAS, on April 1, 2025, City Council requested the City Manager to evaluate options for establishing labor standards and requirements related to staffing SCO operations in grocery stores and drug stores, in an effort to address grocery and drug retail theft and advance public safety and welfare. The City Council letter and comments made by members of the public during the City Council meeting included first-hand testimony 1 1 detailing the existing public health and safety concerns resulting from the understaffing of 2 SCO operations in grocery and drug stores;
3 WHEREAS, statistical data presented in the council letter identified a 4 dramatic increase in theft in the State of California across its retail businesses, both in 5 highly visible incidents such as "smash and grab" incidents, as well as subtler yet pervasive 6 forms of shoplifting including thefts involving abuse or manipulation of self-checkout retail 7 operations. For example, in 2022, California retail stores and small businesses lost nearly 8 $9 billion as a result of theft. Based on surveys of California retail businesses that have 9 introduced robust SCO systems, estimates indicate that SCO operations account for 10 between twenty and twenty-five percent of those retailers' losses underscoring the high 11 frequency at which retail theft occurs in such operations; iffiol40 (1') 0
uu0o'5
L:,) 2< I
WHEREAS, the high frequency of theft incidents in SCO operations was shown to pose a threat to the public's safety and undermine the community's welfare and sense of security. Specifically, based on public testimony, incidents like these were shown to create hostile workplace conditions for employees, and unsafe shopping environments for customers; and
WHEREAS, the public meetings held by the Long Beach City Council on 18 April 1, 2025, and June 17, 2025, solicited comments and testimony from a wide range of 19 stakeholders, including representatives from the grocery and drug retail industry, as well 20 as a large number of workers employed at local grocery and drug store establishments. 21 This public testimony highlighted the need for regulation of SCO operations to better 22 address the issue or retail theft in grocery and drug stores and the unsafe work 23 environments for employees and customers associated with these operations. The 24 statistical data around retail theft in California along with the testimony presented before 25 the City Council affirmed the need and urgency to develop targeted public policy tools to 26 disrupt and prevent retail theft in Long Beach grocery and drug store establishments. 27 NOW, THEREFORE, the City Council of the City of Long Beach ordains as 28 follows:
1 Section 1. The Long Beach Municipal Code is amended by adding 2 3
Chapter 5.93 to read as follows:

CHAPTER 5.93
4 GROCERY AND DRUG STORE STAFFING STANDARDS FOR SELF-SERVICE 5 6 5.93.010 Purpose.

CHECKOUT STATIONS
7 It is in the public's interest to require grocery and drug stores to adopt effective 8 preventative measures that will address the impacts on public health and safety that retail 9 thefi creates within the context of self-service checkout operations where theft commonly 10 occurs but remains largely unchecked and underreported. Regulating the staffing of self- 11 service checkout operations will address the hostile and unsafe working conditions For h j O i 4
0 (y) 0
uO"
L 0 9
oo5 17
employees, and unsafe shopping environments for customers.

5.93.020 Short Title.

This ordinance shall constitute the "Self-Service Checkout Staffing Requirements.

5.93.030 Definitions.

For the purpose of this Ordinance:
"City" means the City of Long Beach.
18 "Customer" means an individual who buys consumer goods from a Drug Retail 19 Establishment or Food Retail Establishment.
20 "Drug Retail Establishment" means a retail store that sells a variety of prescription 21 and nonprescription medicines and miscellaneous items, including drugs, 22 pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, dairy 23 products, canned foods, dry Foods, beverages, prepared foods, and other merchandise. 24 "Employee" means a worker employed directly by a hiring entity at a Drug Retail 25 Establishment or Food Retail Establishment. Employee does not include managers, 26 supervisors or confidential employees.
27 "Food Retail Establishment" means a retail store that is either: (1) over fifteen thousand 28 (15,000) square Feet in size and sells primarily household foodstuff for offsite including 1 fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, 2 beverages, baked foods and/or prepared foods (other household supplies or products are 3 secondary to the primary purpose of food sales); or (2) over eighty-five thousand (85,000) 4 square feet and with ten percent (1 0%) of their sales floor area dedicated to the sale of 5 non-taxable merchandise including the sale of fresh produce, meats, poultry, fish, deli 6 products, dairy products, canned foods, dry foods, beverages, baked foods and/or 7 prepared foods.
8 "Non-Self-Service Checkout station" means a station that is not a Self-Service 9 Checkout and at which an employee provides human assistance to a customer for 10 scanning, bagging, and/or accepting payment for the customer's purchases. 11 "Self-Service Checkout" means the automated processes that enable customers to 'r:ffio14
0 (y) 0
u.l0a'5
LL (i 0
0 -
. 17
18 scan, bag, and pay for their purchases without human assistance, including but not limited to fixed self-checkout, scan-and-go self-checkout, or mobile self-checkout. "Self-Service Checkout station" means a station at a fixed location within a Drug Retail Establishment or Food Retail Establishment at which a customer can engage in a Self-Service Checkout for the customer's purchases.

5.93.040 Self-Service Checkout requirement.

Drug Retail Establishments and Food Retail Establishments that 19 provide Self-Service Checkout options shall provide at least one Non-Self-Service 20 Checkout station staffed by an Employee that is available during the times that a Self- 21 Service Checkout option is available to customers, and Drug Retail Establishments and 22 Food Retail Establishments shall establish, implement, and advertise limits to Self-Service 23 Checkout to purchases of no more than fiffeen (15) items. 24 B. Drug Retail Establishments and Food Retail Establishments shall 25 have an established workforce policy that prohibits customers from using a Self-Service 26 27
Checkout station to purchase either of the fo!lowing:

1. Items that require customers to provide a form of identification, 28 including, but not limited to, alcohol and tobacco products. 1 2
3 4
5 6
7 8
9 2. Items subject to special theft-deterrent measures that are affixed to the item, including, but not limited to, electronic article surveillance, ink, or other tags, or items placed in locked cabinets, that require the intervention of an Employee to remove them before purchase.

D. Self-Service Checkout stations shall be located to enable observation and surveillance from both employees of Drug Retail Establishments and Food Retail Establishments and local law enforcement.

5.93.050 Self-Service Checkout staffing requirement.

A. Drug Retail Establishments and Food Retail Establishments that provide Self-Service Checkout options shall assign at least one (1 ) Employee to supervise the Self-Service Checkout operation at all times that Self-Service Checkout is in operation during business hours. The assigned Employee shall have no other work responsibilities that would interfere with their ability to maintain direct visual inspection and surveillance of the Self-Service Checkout operations.

B. In the event a Drug Retail Establishment or Food Retail Establishment operates two (2) or more Self-Service Checkout stations, the Drug Retail Establishment or Food Retail Establishment shall maintain a staffing ratio or at least one (1) Employee for every three (3) Self-Service Checkout Stations (1:3 ratio). The manner in which this standard is implemented may take into account operational and logistical feasibility.

5.93.060 Enforcement.

A. Any Customer or Employee of a Drug Retail Establishment or Food Retail Establishment may bring a private right of action in the Superior Court of the State 5 1
2 3
4 iSo14
0 CQ 0
uJOa"5
LL 0 9
0 y 4 7
22 23
of California against a Drug Retail Establishment or Food Retail Establishment for violating this Chapter and, upon prevailing, may be awarded:

1. AcivilpenaltyforeachviolationofthisChapterofonehundred dollars ($100) for each employee of the Drug Retail Establishment or Food Retail Establishment. Each day the violation is not cured, the penalty shall increase an additional one hundred dollars ($100) per employee per day up to a limit of one thousand dollars ($1,000) per employee per day for each day in which the violation remains uncured.

2. Attorneys' fees and costs.

5.93.070 Retaliatory action prohibited.

No Drug Retail Establishment or Food Retail Establishment shall terminate, reduce in compensation, or otherwise discriminate against any Employee for seeking to enforce their rights under this Chapter by any lawful means, for participating in proceedings related to this Chapter, for opposing any practice proscribed by this Chapter, or for otherwise asserting rights under this Chapter.

5.93.080 Severability.

IT any section, subsection, sentence, clause or phrase of this Ordinance or Chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
28 Section 2. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Long Beach and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31 s') day afier it is approved by the Mayor.

I hereby certify that the foregoing Ordinance was adopted by the City Council of the 6 City of Long Beach at its meeting of Augusil2 , 2025 by the following vote:

Ayes; (,()H0(,jll'ylBlll5Blt3; ZendeJasi Alleni Kerr, Saro, Uranga, Thrash-Ntuk, Ricks-Oddie.
p B 'om Ng
() -(4 0
u.0o
LL17 ln 6.
05 !l)
Noes: Councilmembers: Duggan, Supernaw.

Absent: Councilmembers: NOne-
Recusal(s): Councilmembers: NOne-
Approved: 5<Igx / a-S
Mayor
28 7
Yaelly Santana being duly sworn says: That am employed in the Department of the

AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss

COUNTY OF LOS ANGELES )

CITY OF LONG BEACH )
City Clerk of the City of Long Beach; that on the 1 5'h day of August 2025, I posted three true and correct copies of Ordinance No. ORD-25-0010 in three conspicuous places in the City of Long Beach, to wit: One of said copies in the )obby of City Hall in front of the Civic Chambers; one of said copies in the Billie Jean King Main Library; and one of said copies on the front counter of the City Clerk Department Subscribed and sworn to before me
This 1 5'h day of August 2025.
%rr"e! ' <"'
ORDINANCE N0. 2026-xx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 7 TO CHAPTER II OF TITLE 9 0F THE COSTA

MESA MUNICIPAL CODE RELATING TO GROCERY AND DRUG STORE ST AFFING

ST ANDARDS FOR SELF-SERVICE CHECKOUT ST ATIONS

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

WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, on November 4, 2025, the City Council directed staff to return with a draft ordinance to establish staffing requirements for self-service checkout stations WHEREAS, the City Council desires to establish staffing standards for self- service checkout stations located in retail qrocery and/or drug stores.

Now, therefore, THE CITY' COUNCIL OF THE CITY' OF COSTA MESA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Article 7 is hereby added to, e-f-Chapter II of Title 9, of the Costa Mesa Municipal Code is hereby added to read as follows:

GROCERY AND DRUG STORE STAFFING STANDARDS FOR SELF-SERVICE

CHECKOUT STATIONS
9-170 Purpose.

It is in the public's interest to require grocery and drug stores to adopt effective preventative measures that will address the impacts on public health and safety that retail theft creates within the context of self-service checkout operations where theft commonly occurs but remains largely unchecked and underreported. Regulating the staffing of self-service checkout operations will address the hostile and unsafe working conditions for employees, and unsafe shopping environments for customers. 9-171 ShortTitle.

This ordinance shall be known as -the "Self-Service Checkout Staffing Requirements. 9-172 Definitions.

Ordinance No. 2026-xx Page 1 of 3
For the purpose of this Ordinance:
"City" means the City of Costa Mesa.
"Customer" means an individual who buys consumer goods from a Drug Retail Establishment or Food Retail Establishment.
"Drug Retail Establishment" means a retail store that sells a variety of prescription and nonprescription medicines and miscellaneous items, including drugs, pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, prepared foods, and other merchandise.
"Employee" means a worker employed directly by a hiring entity at a Drug Retail Establishment or Food Retail Establishment. Employee does not include managers, supervisors or confidential employees.
"Food Retail Establishment" means a retail store that is over fiffeen thousand (15,000) square feet in size and sells primarily household foodstuff for offsite consumption, including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods and/or prepared foods (other household supplies or products are secondary to the primary purpose of food sales) (2) over eighty five thousand (85,000) square fcct and with ten percent (1 0%) of their sales floor area dedicated to the sale of non taxablc merchandise including the sale of frcsh produce, meats, poultry, fish, dcli products, dairy product,, canned foods, dry foods, bcvcragcs, baked foods and/or prcpan:'d foods. "Non-Self-Service Checkout station" means a station that is not a Self-Service Checkout and at which an employee provides human assistance to a customer for scanning, bagging, and/or accepting payment for the customer's purchases. "Self-Service Checkout" means the automated processes that enable customers to scan, bag, and pay for their purchases without human assistance, including but not limitedto fixed self-checkout, scan-and-go self-checkout, or mobile self-checkout. "Self-Service Checkout station" means a station at a fixed location within a Drug Retail Establishment and/or Food Retail Establishment at which a customer can engage in a Self-Service Checkout for the customer's purchases.

Ordinance No. 2026-xx Page 2 of 3
9-173 Self-Service Checkout requirement.

A. Drug Retail Establishments and Food Retail Establishments that provide Self- Service Checkout options shall provide at least one Non-Self-Service Checkout station staffed by an Employee that is available during the times that a Self-Service Checkout option is available to customers, and Drug Retail Establishments and Food Retail Establishments shall establish, implement, and advertise limits to Self-Service Checkout to purchases of no more than fiffeen (15) items.

B. Drug Retail Establishments and Food Retail Establishments shall have an established workforce policy that prohibits customers from using a Self-Service Checkout station to purchase either of the following:

1. Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.

2. Items subject to special theff-deterrent measures that are affixed to the item, including, but not limited to, electronic article surveillance, ink, or other tags, or items placed in locked cabinets, that require the intervention of an Employee to remove them before purchase.

C. Drug Retail Establishments and Food Retail Establishments shall notify the public of this Ordinance by prominently posting signage in a location accessible to customers, which includes either a link or QR code to the City of Costa Mesa website regarding this Ordinance, a summary of the public's rights under this Ordinance, a physical and/or email address to which notifications of violations of this Ordinance may be delivered, and the enforcement options available to the public pursuant to this Article. Failure to have and/or maintain an address pursuant to this section shall waive a Druq and/or Food Retail Establishment's ability to assert lack of notice in any civil action brouqht pursuant to this Ordinance.

D. Self-Service Checkout stations shall be located to enable observation and surveillance from both employees of Drug Retail Establishments and Food Retail Establishments and local law enforcement.
9-'? 74 Self-Service Checkout staffing requirements.

A. Drug Retail Establishments and Food Retail Establishments that provide Self- Service Checkout options shall assign at least one (1 ) Employee to supervise the Self- Ordinance No. 2026-xx Page 3 of 3
Service Checkout operation at all times that Self-Service Checkout is in operation during business hours. The assigned Employee shall have no other work responsibilities that would interfere with their ability to maintain direct visual inspection and surveillance of the Self-Service Checkout operations.

B. In the event a Drug Retail Establishment or Food Retail Establishment operates two (2) or more Self-Service Checkout stations, the Drug Retail Establishment or Food Retail Establishment shall maintain a staffing ratio of at least one (1 ) Employee for every three (3) Self-Service Checkout Stations (1 :3 ratio). The manner in which this standard is implemented may take into account operational and logistical feasibility. 9-175 Enforcement.

A. A Customer or Employee must notify a Drug Retail Establishment or Food Retail Establishment in writinq at the address established pursuant to section 9-1 73(c) of a violation after which the establishment shall have seven calendar days from the date of notification to cure the violation. If the violation is not cured, a Customer or Employee of a Drug Retail Establishment or Food Retail Establishment may bring a private right of action in the Superior Court of the State of California against a Drug Retail Establishment or Food Retail Establishment for violating this Article and, upon prevailing, may be awarded:

1. A civil penalty for each violation of this Article of one hundred dollars ($1 00) for each employee of the Drug Retail Establishment or Food Retail Establishment. Each day the violation is not cured, the penalty shall increase an additional one hundred dollars ($100) per employee per day up to a limit of one thousand dollars ($I,000) per employee per day for each day in which the violation remains uncured.

2. Attorneys' fees and costs.
9-176 Retaliatory action prohibited.

No Drug Retail Establishment or Food Retail Establishment shall terminate, reduce in compensation, or otherwise discriminate against any Employee for seeking to enforce their rights under this Article by any lawful means, for participating in proceedings related to this , for opposing any practice proscribed by this Article, or for otherwise asserting rights under this Article9.

Ordinance No. 2026-xx Page 4 of 3
9-177 Alternative Compliance
As an alternative means of compliance, a Druq Retail Establishment or Food Retail Establishment shall implement all the followinq security measures:

A. Self-Service Checkout Stations are separated from Non-Self Service Checkout stations by railing or other barriers.

B. At least one Non-Self Service Checkout station is in operation and located between the public exit and the Self-Service Checkout Stations allowing employees to monitor customers exitinq.

C. At least one staff person is dedicated to the self-checkout area during all hours of self-checkout operation.

Section 2. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 3. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors.

Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

Ordinance No. 2026-xx Page 5 of 3
Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

PASSED AND ADOPTED this day of , 2026.

John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:

Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF COSTA MESA )
SS
1, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 2026-xx was duly introduced for Ordinance No. 2026-xx Page 6 of 3
first reading at a regular meeting of the City Council held on the day of 2026, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the day of , 2026, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the day of , 2026.City of Costa Mesa this
Brenda Green, City Clerk
Ordinance No. 2026-xx Page 7 of 3

Costa Mesa City CouncilJanuary 20, 2026

Costa Mesa City Council
January 20, 2026