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Home My WebLink About2017-08-21 Agenda Packet FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, August 21, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY and SPECIAL MEETING OF THE HOUSING AUTHORITY CITY OF HUNTINGTON BEACH 4:00 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL BARBARA DELGLEIZE Mayor MIKE POSEY PATRICK BRENDEN Mayor Pro Tem Councilmember JILL HARDY WILLIAM O’CONNELL Councilmember Councilmember ERIK PETERSON LYN SEMETA Councilmember Councilmember MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT In accordance with the Americans with Disabilities Act the following services are available to members of our community who require special assistance to participate in City Council meetings. If you require special assistance, 48-hour prior notification will enable the city to make reasonable arrangements. To make arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas, please contact the City Clerk’s Office at (714) 536-5227, or request assistance from the Sergeant-at-Arms at the meeting. CITY COUNCIL/PUBLIC FINANCING AUTHORITY The City Council/Public Financing Authority of the City of Huntington Beach will regularly convene in joint session on the first and third Monday of each month for the purpose of considering agenda items. The Huntington Beach Successor Agency, Housing Authority, Parking Authority and Civic Improvement Corporation are also agencies on which the Council serves as members. On each agenda these agencies may have items scheduled. CITY COUNCIL AGENDA The City Council agenda and supporting documentation is made available for public review during normal business hours in the Office of the City Clerk, 2000 Main Street immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes plan on W ednesday afternoons prior to the regularly scheduled meeting on Monday. The agenda packet is posted on the city’s website at http://www.huntingtonbeachca.gov/Government/agendas/. Questions on agenda items may be directed to the City Clerk’s Office at (714) 536-5227. AUDIO/VIDEO ACCESS TO CITY COUNCIL MEETINGS City Council meetings are televised live on cable TV Channel 3, and can be viewed via live or archived web cast at http://www.huntingtonbeachca.gov/Government/agendas/. SUPPLEMENTAL COMMUNICATION Staff and members of the public have the opportunity to submit information related to an agenda item following distribution of the agenda packet to the City Council. This information is identified as “Supplemental Communication” and is assembled into a packet by the City Clerk on the day of the City Council meeting. The Brown (Open Meetings) Act requires that copies of Supplemental Communication be made available to the public immediately upon distribution of material to a majority of the City Council. Communication received by any individual at the meeting will be made available to the public in the City Clerk’s Office the following morning. AWARDS AND PRESENTATIONS Awards, presentations, and proclamations made by the Mayor on behalf of the City. The Public Information Office coordinates WEB ACCESS: **REMINDER** Live Broadcast and audio and video archives can be accessed at http://huntingtonbeach.granicus.com As a courtesy to those in attendance, please silence your cell phones and pagers HB -1- the arrangements with the Mayor and submits a list of presentations through the City Manager’s Office. PUBLIC COMMENTS This is the time of the meeting for the City Council to receive comments from the public regarding items of interest or agenda items not scheduled for Public Hearing. Pursuant to the Brown (Open Meetings) Act, the City Council may not enter into discussion regarding items not on the City Council agenda. Members of the public who wish to speak to a member of the Council on an item not on the agenda may consider setting up an individual appointment by contacting the Council's Administrative Assistant at 714-536-5553. The following statement applies to any public exchange of comments during City Council meetings: “The City Council strives to treat members of the public with respect. Comments or concerns provided by the public shall be done in a civil and respectful manner. Any public comments that are discriminatory, defamatory or otherwise not protected speech, whether as to race, religion, disability, sexual orientation, or any other protected classification, will not be considered by the City Council and may be a basis for the Mayor to interrupt the public comment. In addition, any such public comments will not be consented to, agreed to, ascribed to, or otherwise adopted by the City Council in its considerations, deliberations, discussions, and findings regarding any matter before it tonight. The City Council provides this public opportunity for free speech, but the City Council categorically rejects comments from anyone, including the public, that are of a discriminatory nature, and such comments will not inform the City Council’s decision.” To participate in Public Comments, pink Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. Each speaker is allowed 3 minutes, and time may not be donated to another speaker. COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING This agenda item allows Councilmembers to make announcements regarding Council committees, appointments or liaison reports, and all individuals as appropriate to disclose any conferences, training, seminars, etc. attended at the Agency’s expense, per Government Code §53232.3(d). Lists of the conferences, training, seminars, and other activities generally attended by the City Council, City Manager, City Attorney, City Clerk, and City Treasurer are included as appendices to the City Budget. The budget is available on the city’s website at http://www.huntingtonbeachca.gov/Government/budget_information/. Exceptions to these lists have been submitted as a report to the City Clerk for inclusion in the record of this meeting.. PUBLIC HEARING Public Hearings allow citizens to speak in favor or against specific items brought to Council by staff. Staff may provide a presentation. The Mayor will open the Public Hearing to receive comments on that specific item. Upon hearing all public comments, the Mayor will close or continue the Public Hearing. Council may then decide to engage in discussion and/or take action on the item. To participate in a Public Hearing, green Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. ADMINISTRATIVE HEARING Administrative Hearings required by Huntington Beach Municipal Code Section 1.18 entitle only affected property owners to speak on a respective item. To participate in the Administrative Hearing, blue Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms (the Police Officer located near the speakers’ podium). CONSENT CALENDAR Consent Calendar items are considered routine items that do not normally require separate consideration. The City Council/Public Financing Authority usually makes one motion for approval of all the items listed under this section. However, Council may remove an item from the motion for discussion purposes. ADMINISTRATIVE ITEMS Administrative Items are considered separately and require separate motions. These actions are normally of a non-routine nature, and frequently require a staff presentation. ORDINANCES Ordinances require two readings before the City Council. They are first introduced, and then adopted at a subsequent meeting. Ordinances typically become law thirty (30) days after adoption. However, an emergency ordinance may be adopted upon introduction, and is effective immediately. COUNCILMEMBER ITEMS This portion of the agenda is provided for Items of business presented by individual members of the City Council. HB -2- -1- City Council/PFA Agenda – Monday, August 21, 2017 FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, August 21, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY and SPECIAL MEETING OF THE HOUSING AUTHORITY CITY OF HUNTINGTON BEACH 4:00 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL BARBARA DELGLEIZE Mayor MIKE POSEY PATRICK BRENDEN Mayor Pro Tem Councilmember JILL HARDY WILLIAM O’CONNELL Councilmember Councilmember ERIK PETERSON LYN SEMETA Councilmember Councilmember 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 1. FY 2017/18 Proposed Budget Presentation including Discussion of Costs for Central Library Sunday Hours and Wayfinding, Downtown Parking Structure Wayfinding, and Council Chamber AV Upgrade. 2. Staff will provide a status update on the General Plan Update and report on the outcome of the August 15, 2017 Planning Commission public hearing. RECESS TO CLOSED SESSION Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today's Closed Session discussions regarding labor negotiations with: Huntington Beach Police Officers' Association (POA). HB -3- -2- City Council/PFA Agenda – Monday, August 21, 2017 CLOSED SESSION 3. Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Sunny Kang v. City of Huntington Beach/William Brownlee, Orange County Superior Court Case No. 30-2013-00626834. 4. Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Robert Hale v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00881315. 5. Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: MEO v. City of Huntington Beach; PERB UPC Case N0. LA-CE-1103. 6. Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Huntington Beach Police Officers’ Association (POA). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL TO ORDER THE SPECIAL MEETING THE HUNTINGTON BEACH HOUSING AUTHORITY ROLL CALL O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson PLEDGE OF ALLEGIANCE INVOCATION - Deacon Tom Concitis of St. Mary's by the Sea Roman Catholic Parish and member of the Greater Huntington Beach Interfaith Council In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS Mayor Delgleize to call on Victoria Alberty to present the Adoptable Pet of the Month. HB -4- -3- City Council/PFA Agenda – Monday, August 21, 2017 Mayor Delgleize to call on Orange County District Attorney Tony Rackauckas who will present an update on the Human Exploitation and Trafficking (HEAT) Unit. Mayor Delgleize to present commendations to Salome’s Cleaning Services and Eco Dogs & Cats for their participation in the Sustainable Business Certification Program. Mayor Delgleize to call on Huntington Beach Council on Aging President Ed Pinchiff who will promote the upcoming Senior Saturday on August 26. Mayor Delgleize to call on Community Development Director Scott Hess who will present the Mayor’s Award to the Building Division’s Principal Plumbing, Mechanical Inspector and Plan Checker Frank Biangone. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 1. Police Department Update on Body Worn Cameras 2. Update on community meeting regarding Long Beach airport noise issues CITY ATTORNEY'S REPORT 3. City of Huntington Beach v. James Ishihara, et al. (MMD at 8162 Talbert), Case No. 30-2017-00933769, filed on 7/25/17 CONSENT CALENDAR 4. Approve Appointments and Reappointments to the Children’s Needs Task Force (CNTF) Recommended Action: A) Approve the appointment of student representatives Tiffanie Lin and Dominique Sardinas to a first one-year term of September 1, 2017, to June 30, 2018; and, B) Approve the appointment of adult representative Cynthia Varnell to a first four-year term of September 1, 2017, to August 31, 2021; and, C) Accept the resignation of Tiffany Johnson and approve the appointment of adult representative Joslin de Diego to fill the partial term of September 1, 2017, to August 31, 2019; and, HB -5- -4- City Council/PFA Agenda – Monday, August 21, 2017 D) Approve the reappointment of adult representative Linda Cornejo to a second four-year term of September 1, 2017, to August 31, 2021; and, E) Approve the reappointment of adult representative Dona Cardona to a first four-year term of September 1, 2017, to August 31, 2021. Cardona will be completing a partial term which fulfilled a previous vacancy through August 2017. 5. Approve four reappointments to the Library Board of Trustees with terms to expire in June 2017; and additional terms effective July 1, 2017 through June 30, 2020, as recommended by City Council Liaisons O’Connell and Peterson Recommended Action: Approve the reappointment of Dionne Cox, Betty Croteau, Don Lewis and Ben Miles with terms to expire in June 2017; and additional terms effective July 1, 2017, through June 30, 2020. 6. Approve the recommendation from the Community Services Commission (CSC) to name the Beach Public Services Center (BPSC) in honor of Delbert "Bud" Higgins Recommended Action: Approve the Community Services Commission recommendation to name the Beach Public Services Center as "The Delbert "Bud" Higgins Beach Public Services Center." 7. Approve Annual Report and Fiscal Year 2017-2018 Huntington Beach Auto Dealers Business Improvement District Budget and Adopt Resolution No. 2017-31 declaring the City’s Intention to levy an annual assessment for Fiscal Year 2017-2018 within the Huntington Beach Auto Dealers Business Improvement District; and schedule a Public Hearing for September 18, 2017 Recommended Action: A) Adopt City Council Resolution 2017-31, "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual Assessment Within the Huntington Beach Auto Dealers Association Business Improvement District for Fiscal Year 2017-2018," including Exhibit A - Auto Dealers BID Annual Report, and Exhibit B - Auto Dealers BID Member List; and, B) Direct the City Clerk to schedule a public hearing to be held on September 18, 2017, and send copies of the Resolution of Intention and assessment formula to each business to be assessed and publish the same in a newspaper of general circulation. 8. Approve Annual Report and Fiscal Year 2017-2018 Huntington Beach Downtown Business Improvement District Budget and Adopt Resolution No. 2017-29 declaring the City’s intention to levy an annual assessment for Fiscal Year 2017-2018 within the Huntington Beach Downtown Business Improvement District, and schedule a public hearing for September 18, 2017 HB -6- -5- City Council/PFA Agenda – Monday, August 21, 2017 Recommended Action: A) Adopt Resolution No. 2017-29, "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2017-2018 Within the Huntington Beach Downtown Business Improvement District," including Exhibit A - Huntington Beach Downtown Business Improvement District 2016-2017 Annual Report, Exhibit B - Assessment Schedule, Boundary Map and List of Businesses to be Assessed, and Exhibit C - Types of Improvements and Activities to be funded by the levy of assessments on businesses within the Business Improvement Area; and, B) Direct the City Clerk to schedule a public hearing to be held on September 18, 2017, and send copies of the Resolution of Intention, including the BID Boundary Map and assessment formula to each business to be assessed, and publish same in a newspaper of general circulation. 9. Release Guarantee & Warranty Bond for Tract 17238 and Tract 17239 (Fairwind and Truewind Subdivisions) Recommended Action: A) Release Guarantee & Warranty Bond No. PB03010401486-M (Attachment 2) and instruct the City Clerk to notify TRI Pointe Homes, Inc. (the subdivider of Fairwind Subdivision Tract 17238) and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of this action; and, B) Release Guarantee & Warranty Bond No. PB03010401245-M (Attachment 3) and instruct the City Clerk to notify TRI Pointe Homes, Inc. (the subdivider of Truewind Subdivision Tract 17239) and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of this action. 10. Award and authorize execution of a construction contract with Beador Construction Company, Inc. in the amount of $833,700.00. for the Magnolia Street Bridge Preventive Maintenance, CC-1448; and, approve an appropriation of funds to the Bridge Preventive Maintenance Program grant fund account Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Beador Construction Company, Inc., in the amount of $833,700.00; and, B) Appropriate $1,021,960 in grant funds to BPMP grant account 97085001.82800; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 11. Award and authorize execution of a construction contract with Beador Construction Company, Inc. in the amount of $866,300.00 for the Brookhurst Street Bridge Preventive Maintenance, CC-1449; and, approve an appropriation of funds to the Bridge Preventive Maintenance Program grant fund account HB -7- -6- City Council/PFA Agenda – Monday, August 21, 2017 Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Beador Construction Company, Inc., in the amount of $866,300.00; and, B) Appropriate $80,000 from the Gas Tax (207) undesignated fund balance to account 20790010.82800; and, C) Appropriate $1,188,719 in grant funds to BPMP grant account 97085001.82800; and, D) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 12. Award and authorize execution of a construction contract with MMC, Inc. in the amount of $4,001,361 for the Edgewater Sewer Lift Station Project, CC-1515 Recommended Action: A) Accept lowest responsive and responsible bid submitted by MMC, Inc. in the amount of $4,001,361; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 13. Award and authorize execution of a construction contract with All American Asphalt in the amount of $2,285,562.00 for the Heil Avenue Rehabilitation and Main Street Rehabilitation Project, CC-1540; and, approve an appropriation in the amount of $754,100 Recommended Action: A) Appropriate $754,100 from the Measure M (213) undesignated fund balance to account no. 21390026.82300; and, B) Accept the lowest responsive and responsible base bid submitted by All American Asphalt in the amount of $2,285,562.00; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 14. Award and authorize execution of a construction contract with Palp, Inc. DBA Excel Paving Company in the amount of $104,357.00 for the Police Department Parking Lot Expansion Project, CC-1556; and, approve an appropriation in the amount of $110,000 and authorize up to 15% in construction change orders Recommended Action: A) Appropriate $110,000 from undesignated Capital Improvement Reserve General Fund to General Fund account 10040314.82400; and, HB -8- -7- City Council/PFA Agenda – Monday, August 21, 2017 B) Accept lowest responsive and responsible bid submitted by Palp, Inc. DBA Excel Paving Company in the amount of $104,357; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. 15. Approve and authorize execution of Amendment No. 1 with Albert Grover & Associates for On-Call Civil Engineering Services in the amount of $100,000 for a total contract amount not to exceed $350,000 and extending the contract term 1 year Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Albert Grover & Associates, Inc. for On-Call Civil Engineering Services." This amendment shall increase the maximum not-to-exceed amount by $100,000 to a total of $350,000 and extend the term of the contract by one year with a revised expiration date of July 6, 2019. 16. Approve the plan to convert the temporary lot at Huntington Central Park west, located northeast of Golden West Street and Talbert Avenue (adjacent to Shipley Nature Center), into a permanent parking lot Recommended Action: A) Approve the plan to convert the temporary lot to a permanent parking lot in Huntington Central Park west, located northeast of Golden West Street and Talbert Avenue, as presented in Alternative 1 on page 2 of the July 12, 2017 CSC Minutes (Attachment #3); and, B) Approve an update to the Master Plan of Recreational Uses for Central Park as presented. 17. Approve an update to the Murdy Park Master Plan to include a multi-use youth sports field and other park improvements as presented Recommended Action: A) Approve the concept plan for a multi-purpose youth sports field and improvements at Murdy Park; and, B) Approve an update to the Murdy Park Master Plan to include the multi-use sports field and improvements. 18. Approve and authorize execution of a HOME Recipient Agreement between the City and Interval House; and, approve an appropriation of $37,000 HB -9- -8- City Council/PFA Agenda – Monday, August 21, 2017 Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a one-year "HOME Recipient Agreement between the City of Huntington Beach and Interval House" for Tenant Based Rental Assistance (TBRA) program; and, B) Approve an appropriation in the amount of $37,000 from the Affordable Housing In-Lieu Fee (217); and, C) Authorize the City Manager to sign all necessary documents to effectuate the Agreement and any future minor amendments to contract and/or US Department of Housing and Urban Development (HUD) documents, with review by the City Attorney. 19. Approve and authorize execution of City and Housing Authority Subordination Agreements with Jamboree Housing Corporation (JHC- Oakview LLC) and St. Joseph Health System for 17362 Koledo (Jamboree II) Housing Authority and City Council Recommended Action: A) Approve and authorize execution and recordation of “Subordination Agreement” (City) by the Mayor, City Manager and City Clerk; and, B) Approve and authorize execution and recordation of “Subordination Agreement” (Authority Loan) by the Authority Chairperson, Executive Officer and Clerk of the Housing Authority. 20. Adopt Ordinance No. 4136 amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) relating to Wireless Communication Facilities (Small Cell Sites), Zoning Text Amendment (ZTA) No. 17-003 Approved for introduction August 7, 2017, Vote: 7-0 Planning Commission and Staff Recommended Action: Adopt Ordinance No. 4136, "An Ordinance of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Wireless Communication Facilities Zoning Text Amendment (ZTA) No. 17-003." PUBLIC HEARING 21. Approve for introduction Ordinance No. 4137 approving Zoning Text Amendment (ZTA) No. 17-001 amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to amend Section 204.18 Prohibited Uses, add Section 204.20 Prohibited Uses--Commercial Non-Medical Marijuana Businesses and Deliveries, and add Section 204.22 Non-Medical Marijuana Cultivation Planning Commission and Staff Recommended Action: A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act; and, HB -10- -9- City Council/PFA Agenda – Monday, August 21, 2017 B) Approve Zoning Text Amendment No. 17-001 with findings for approval (Attachment No. 1) and approve for introduction Ordinance No. 4137 "An Ordinance of the City of Huntington Beach Amending Title 20 of the Zoning and Subdivision Ordinance by Amending Section 204.18 and Adding Section 204.20 and Section 204.22 to the Huntington Beach Zoning and Subdivision Ordinance to Prohibit Commercial/Recreational Sales and Deliveries of Non-Medical Marijuana as well as Adopt Regulations Regarding Non-Medical Marijuana Cultivation.” ADMINISTRATIVE ITEMS 22. Review and discussion of the International Downtown Association (IDA) Panel Recommendations June 2017 regarding the Downtown Business Improvement District (DTBID) Recommended Action: A) Establish a Downtown BID Review Committee, appointed by City Council, or a City Council Ad-Hoc Sub-Committee to review and implement the IDA Report Recommendations; and, B) Support the appointment of an interim CEO with specific downtown management experience to help implement the recommendations. 23. Downtown Maintenance and Public Improvements Report Recommended Action: Staff is recommending to return to Council in 90 days with a status update of maintenance enhancements, unbudgeted needs, and various identified projects. COUNCILMEMBER ITEMS 24. Submitted by Mayor Pro Tem Mike Posey and Councilmember Erik Peterson - Change Composition of the Community Services Commission Recommended Action: Direct the City Attorney to amend Chapter 2.64 of the municipal code, changing section 040 to clearly state that each of the six (6) School Districts may recommend one (1) liaison, non-voting member to the Community Services Commission for City Council appointment, thereby changing the composition of the Community Services Commission from a total of thirteen (13) members to a total of seven (7) members, with six (6) liaison, non-voting members, and return to the full City Council for approval. 25. Submitted by Mayor Pro Tem Mike Posey and Councilmember Patrick Brenden - Develop a Plan to Provide Additional City Support for the "2017 Breitling Huntington Beach Air Show" HB -11- -10- City Council/PFA Agenda – Monday, August 21, 2017 Recommended Action: Direct the City Manager to develop a plan outlining options for the City of Huntington Beach to provide additional financial support for the "2017 Breitling Huntington Beach Air Show." Include the above-listed options and return to City Council at the September 18, 2017, City Council Meeting. 26. Submitted by Councilmember Patrick Brenden - Short Term Rentals Community Workshop Recommended Action: It is recommended that city staff organize a community workshop so that property owners, residents, business owners, and hotel operators can hear the pros and cons of short term rentals. This workshop could be held at the Senior Center in Central Park on Saturday, September 16, from 9:00 a.m. to Noon. In attendance at this panel workshop should be representatives from Air BnB, local surrounding cities where STVRs are currently permitted and prohibited, community development leaders, attorneys to address legal issues, short-term rental operators, and others to hear both sides of the positive and negatives of short-term rentals. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, September 05, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov HB -12- Dept. ID CS 17-017 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: There are currently eight (8) vacancies on the Children’s Needs Task Force (CNTF) due to term expirations and unscheduled resignations. There is a need to appoint two (2) student representatives, fill two (2) adult representative vacancies, and reappoint two (2) adult representatives to the Children’s Needs Task Force. Financial Impact: Not applicable Recommended Action: A) Approve the appointment of student representatives Tiffanie Lin and Dominique Sardinas to a first one-year term of September 1, 2017, to June 30, 2018; and, B) Approve the appointment of adult representative Cynthia Varnell to a first four-year term of September 1, 2017, to August 31, 2021; and, C) Accept the resignation of Tiffany Johnson and approve the appointment of adult representative Joslin de Diego to fill the partial term of September 1, 2017, to August 31, 2019; and, D) Approve the reappointment of adult representative Linda Cornejo to a second four-year term of September 1, 2017, to August 31, 2021; and, E) Approve the reappointment of adult representative Dona Cardona to a first four-year term of September 1, 2017, to August 31, 2021. Cardona will be completing a partial term which fulfilled a previous vacancy through August 2017. Alternative Action(s): Do not approve appointments and reappointments to the Children’s Needs Task Force and direct staff accordingly. Analysis: Student terms on the Children’s Needs Task Force (CNTF) are for one-year with a four year maximum. The by-laws state that the CNTF may consist of up to one-third students for the 13 member task force, totaling four possible openings. Council liaisons recommend appointing two (2) student representatives and are accepting applications for the remaining two (2) openings. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve Appointments and Reappointments to the Children’s Needs Task Force (CNTF) HB -13-Item 4. - 1 Dept. ID CS 17-017 Page 2 of 2 Meeting Date: 8/21/2017 The CNTF is seeking the appointment of two (2) new adult representatives, one (1) to serve a partial term as vacated through resignation, and one (1) to fill a full-term due to term expiration. The vacancies were posted on the City’s website and on the posting board at City Hall. There are currently eight (8) adult candidates: Edra Bonsall, Christopher Boyle, Jennifer Brannon, Brian Burley, Joslin de Diego, Susan Fothergill, Cynthia Varnell, and Christa Velek, seeking appointment to the CNTF. After review by Council liaisons Semeta and Brenden, de Diego and Varnell are being recommended for appointment to the CNTF. A short biography of each recommended applicant is listed below: Student Candidates Tiffanie Lin is a bilingual student who hopes to become more involved in the community. She attends Huntington Beach High School. Her volunteer experience as a member of the American Sign Language Honor Society and National Honor Society has given her a passion to help and serve others. Dominique Sardinas is a current student at Edison High School who has been involved in a wide variety of children and youth activities. She is cognizant of the many needs the youth in the City of Huntington Beach have. Dominique has a passion for serving the community and the children within it. Adult Candidates (new appointments) Cynthia Varnell has demonstrated a committed interest in the welfare of children and the community through her service. She enjoys participating with organizations that serve children both locally and county-wide, and is interested in collaborating, communicating and connecting with community members in order to best serve the children of Huntington Beach. Joslin de Diego’s background consists of over 20 years as an educator supporting and guiding youth toward a path of learning and achievement. Her experience also includes training to teach others how to work with youth. Joslin emphasizes that she is interested in recognizing issues youth face today as well as how to combat those issues. Adult Candidates (reappointments) Linda Cornejo is a current member of the CNTF. As a member, she has volunteered her time to chaperone the 4th of July parade, attend the Youth Character Awards, and participate in the Barnes and Noble Holiday Book Drive. She is the lead of the Marketing and Fundraising focus group, and is a member of the following focus groups: Children Recognized and Valued, Child Welfare, and Barnes and Noble Holiday Book Drive. Dona Cardona is a current member of the CNTF. She volunteers at the Youth Character Awards, Barnes and Noble Holiday Book Drive, and other CNTF events. She is the lead of the Character Education Program focus group. Dona would like to continue to promote character education throughout Huntington Beach to ensure that children are being recognized by the strength of their character. Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Attachment(s): 1) 2017-2018 CNTF Roster HB -14-Item 4. - 2 Children’s Needs Task Force 2017/2018 ADULT MEMBERS JOSLIN DE DIEGO Term: 09/17-08/19 CYNTHIA VARNELL 1st Term: 09/17-08/21 DONA CARDONA Term: 9/17 – 8/21 LINDA CORNEJO 1ST Term: 9/17 - 8/21 MICHELLE EDELSON 1st Term: 09/15-08/19 MEAGAN KENSEY 1st Term: 09/15-08/19 PHYLLIS LEMBKE 2nd Term: 09/15 – 08/19 STEVEN McCLOSKEY 1st Term: 09/15-08/19 DEBORAH REISDORPH 1st Term: 09/15-08/19 YOUTH MEMBERS TIFFANIE LIN 1st Term: 09/17-06/18 DOMINIQUE SARDINAS 1st Term: 09/17-06/18 VACANT VACANT CITY COUNCIL LIASIONS LYN SEMETA Lyn.semeta@surfcity-hb.org PATRICK BRENDEN Patrick.brenden@surfcity-hb.org 2000 Main Street City of Huntington Beach Bus: 714 536-5553 FAX: 714 536-5233 STAFF LIASIONS CHRIS SLAMA Community Services Manager (714) 536-5495 FAX: (714) 374-1654 cslama@surfcity-hb.org HOLLAND MCNABB Recording Secretary (714) 374-1583 holland.mcnabb@surfcity-hb.org HB -15-Item 4. - 3 Dept. ID 17-0003 Page 1 of 1 Meeting Date: 8/21/2017 Statement of Issue: Appointments to the Library Board of Trustees must be approved by the City Council. Currently, four terms on the Library Board expired on June 30, 2017, and all of the outgoing Board members have expressed interest in continuing to serve. Financial Impact: Not Applicable. Recommended Action: Approve the reappointment of Dionne Cox, Betty Croteau, Don Lewis and Ben Miles with terms to expire in June 2017; and additional terms effective July 1, 2017, through June 30, 2020. Alternative Action(s): Do not make reappointments to the Library Board of Trustees at this time. Analysis: The terms of Dionne Cox, Betty Croteau, Don Lewis and Ben Miles expired on June 30, 2017. All four Trustees have requested reappointment to the Library Board. Attached is the communication from each Trustee requesting reappointment for an additional term. City Council liaisons O’Connell and Peterson have reviewed and approve the recommendation for reappointment. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Letter from Dionne Cox 2. Letter from Betty Croteau 3. Letter from Don Lewis 4. Letter from Ben Miles CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Stephanie Beverage, Library Director SUBJECT: Approve four reappointments to the Library Board of Trustees with terms to expire in June 2017; and additional terms effective July 1, 2017 through June 30, 2020, as recommended by City Council Liaisons O’Connell and Peterson HB -16-Item 5. - 1 July 10, 2017 Huntington Beach City Clerk 2000 Main Street Huntington Beach, CA 92648 Honorable Mayor and City Council, I am presently serving as a member on the Huntington Beach Library board of Trustees. My term of office expires on June 30, 2017. Because of my continued interest in the success and welfare of the library, I would appreciate being reappointed to the Board of Trustees for the next term. Thank you much for your favorable consideration of this request. Sincerely, Dionne Cox 21372 Brookhurst Street #223 Huntington Beach, CA 92646 CC: Stephanie Beverage, Library Director HB -17-Item 5. - 2 MARY BETTY CROTEAU 8181 FALMOUTH DM/ E HUNTING TON BEACH CA 92646 (714) 963-3256 June 17', 2017 Huntington Beach City Clerk 2000 Main Street Huntington Beach, CA 92648 Re: Renewal of Huntington Beach Library Board of Trustees' Term Dear Honorable Mayor and City Council, 1 am presently serving as a member of the Huntington Beach Library Board of Trustees. My term of office expires June 15, 2017. Because of my continued interest in the success and welfare of the library, I would appreciate being reappointed to the Board of Trustees for the next term. Thank-you in advance for your time and attention in this matter. Very truly yours, Betty Croteau Cc. Stephanie Beverage Director of Library Services HB -18-Item 5. - 3 City Clerk, City of Huntington Beach 2000 Main Street Huntington Bach, California 92648 Dear City Clerk' My term on the City Library Board expires this year. I have enjoyed my tenure on the Board and have witnessed the expanding operations and positive service rendered by the City Library organization. I would like to be reappointed to the City Library Board for the an additional term. Thank you for your kind consideration in this matter. Sincerely, Trustee Cc Stephanie Beverage Director of Library Services HB -19-Item 5. - 4 Roesner, Michelle From: Sent: To: Cc: Subject: Ben Miles [drbenrniles@yahoo,com] Friday, June 16, 2017 10:30 AM Beverage, Stephanie; Roesner, Michelle Ben Miles Letter Requesting Reappointment. June 16, 2017 Ms. Beverage, It is my pleasure to request reappointment to the Huntington Beach Library Board of Trustees for another term of service. Sincerely, Ben Miles Sent from my iPhone 1 HB -20-Item 5. - 5 Dept. ID CS 17-013 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: Per City Council direction, the Community Services Commission considered naming recognition opportunities for Delbert “Bud” Higgins. The Community Services Commission is recommending that the Beach Public Services Center be named the “Delbert ‘Bud’ Higgins Beach Public Services Center” and there is a need to approve the recommendation as presented. Financial Impact: Not applicable. Recommended Action: Approve the Community Services Commission recommendation to name the Beach Public Services Center as “The Delbert “Bud” Higgins Beach Public Services Center.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: On October 16, 2016, the City Council was asked to approve the Community Services Commission’s recommendation to re-name Wardlow Park and the new park at the former Lamb School site after Mr. Frank L. Ciarelli and Mr. Delbert “Bud” Higgins. The City Council opted to retain the name at Wardlow Park and to name the new park at the former Lamb School site the “William and Elizabeth Lamb Park”. (Attachment 1) As part of their motion, City Council also directed staff to return to the Community Services Commission to work with the Park Naming and Memorials Committee (PNMC) to identify additional naming opportunities for both Mr. Frank L. Ciarelli and Mr. Delbert “Bud” Higgins. Accordingly, this committee conducted two separate meetings on February 22, 2017, and April 5, 2017, to review naming options. Since there currently are no parks available for naming, the Committee’s review focused on park features and other public city-owned facilities. (Attachments 2 and 3) The PNMC considered many factors when discussing an appropriate facility to carry the Higgins and Ciarelli names. These factors included review of family history and meaningful contributions to the City of Huntington Beach. Mr. Higgins played an important role in the introduction of the sport of surfing locally. He was also the first Lifeguard Chief in the City and is credited with developing the CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve the recommendation from the Community Services Commission (CSC) to name the Beach Public Services Center (BPSC) in honor of Delbert “Bud” Higgins HB -21-Item 6. - 1 Dept. ID CS 17-013 Page 2 of 2 Meeting Date: 8/21/2017 Lifeguard Department. In researching a facility that would be suitable for the Higgins name, the PNMC focused on the Beach Public Services Center (BPSC). The BPSC is located on the sand of the City Beach, adjacent to the service road, between Lifeguard Headquarters and the pier. Given Mr. Higgins’ history with the lifeguarding, both the PNMC and Commission felt the location provided the appropriate nexus. The building is utilized for beach related classes and activities and by the Police Department for their Summer Beach Detail Unit. The committee also considered Mr. Ciarelli’s history as a dedicated employee working in the City’s Public Works Department, and his many contributions as a coach and mentor in the City’s Park and Recreation programs. The PNMC focused on the Park, Tree and Landscape yard for Mr. Ciarelli’s, however, his family provided comments to the Commission requesting that Mr. Ciarelli be withdrawn from this process until a more suitable facility become available for naming. On May 10, 2017, the Community Services Commission approved that Park Naming and Memorials Committee recommendation to name the Beach Public Services Center “The Delbert “Bud” Higgins Beach Public Services Center.” (Attachment 4) If approved, staff will request quotes from qualified vendors to install the appropriate marker, and costs will be absorbed out of the appropriate budget. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1) October 16, 2016, City Council Action Agenda 2) February 22, 2017, Park Naming and Memorials Committee Summary 3) April 5, 2017, Park Naming and Memorials Committee Summary 4) May 10, 2017, Community Services Commission Minutes HB -22-Item 6. - 2 Council/PFA and Special Meeting of the Housing Authority October 17, 2016 Page 7of14 CITY MANAGER'S REPORT City Manager Fred Wilson reminded everyone of the Breitling Air Show scheduled for October 21 -23, explaining that it will be the City's first air show in about twenty-five years and is expected to attract large crowds and create traffic issues. Media Day will be Thursday, October 20, and the Air Force Thunderbirds are expected to be flying from about 12 noon to 1 :30 p.m. All the details can be found through the City's website, www.huntingtonbeachca.gov. CONSENT CALENDAR Councilmember O'Connell and Mayor Pro Tern Sullivan pulled Item #3, and Councilmember Peterson pulled Item #5 for further discussion. 1. Reviewed and adopted Minutes A motion was made by O'Connell, second Posey to review and adopt the City Council/Public Financing Authority regular meeting minutes dated October 3, 2016, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: NOES: 2. Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson None Received and filed the City of Huntington Beach Strategic Plan Updates A motion was made by O'Connell, second Posey to receive and file the Six-Month Strategic Objectives. The motion carried by the following vote: AYES: NOES: 3. Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson None Approved, as amended, naming recommendations for new and existing parks made by the Community Services Commission (CSC) Pulled by Councilmembers O'Connell and Sullivan, Councilmember O'Connell opened discussion by stating his opinion that it is not appropriate to replace one historical family's name with another for any of the City's parks. He also acknowledged that Frank L. Ciarelli and Delbert "Bud" Higgins are deserving of being recognized for their own historical contributions to the City, and made a motion to retain each park as currently named (Lamb, Arevalos and Wardlow), and find alternate locations to honor aforementioned individuals (Ciarelli and Higgins). Councilmember Peterson concurred with Councilmember O'Connell's objection to renaming historically recognized parks, but explained that staff's recommended action does not include changing the Arevalos Park name. He made a substitute motion to retain each park as currently named (Arevalos, Wardlow, and new park at the former Lamb School site), and have the CSC reconsider alternate park locations to honor Frank L. Ciarelli and Delbert "Bud" Higgins. Councilmember Delgleize seconded the motion. HB -23-Item 6. - 3 Council/PFA and Special Meeting of the Housing Authority October 17, 2016 Page 8of14 Councilmember Hardy concurred with Councilmember Peterson's motion, but recommended revising it to allow for the new park at Lamb School to be named William and Elizabeth Lamb Park. In addition, she provided support for the CSC to also consider unnamed structures to honor deserving individuals. Councilmember Posey expressed his opinion that history should not be re-written by renaming parks and he also agrees that Frank L. Ciarelli and "Bud" Higgins are deserving of their own recognition. Mayor Pro Tern Sullivan expressed his support for Councilmember Peterson's motion as expanded by Councilmember Hardy to think about more than just park space as a way to honor individuals. Mayor Katapodis expressed his support for not changing any historical family park names and thanked Mary Urashima for sharing her research, and all of the various family members who spoke up and shared their family histories this evening. Councilmember Peterson's motion as revised and seconded by Delgleize to retain the names of Arevalos and Wardlow Parks, name the new park at Lamb School as William and Elizabeth Lamb Park, and return to the Community Services Commission to consider alternative locations for parks (or structures) honoring Frank L. Ciarelli and Delbert "Bud" Higgins carried by the following vote: AYES: NOES: 4. Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson None Adopted Resolution No. 2016-66, modifying the Non-Represented Employees Resolution No. 2016-50 to add the Deputy Community Prosecutor position A motion was made by O'Connell, second Posey to adopt Resolution No. 2016-66, "A Resolution of the City Council of the City of Huntington Beach Modifying the Non-Represented Employees Resolution to Add the Deputy Community Prosecutor." The motion carried by the following vote: AYES: NOES: 5. Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, and Peterson None Adopted Housing Authority Resolution No. 05 and City Council Resolution No. 2016-70 approving and authorizing execution of Affordable Housing Agreements between the Housing Authority I City and Orange County Community Housing Corporation (OCCHC) for acquisition and rehabilitation of a four-unit multi-family complex located at 7792 Barton Drive; and, approve appropriations of funds Councilmember Peterson pulled this item to express his opinion that with the passing of Affirmatively Furthering Fair Housing (AFFH), the further the City goes down this path of using federal funding, the more local control is lost, and addressing the homeless issue should be a County function. He stated he would not be supporting the item. Mayor Pro Tern Sullivan concurred with Councilmember Peterson, and made a motion to deny the item as presented. His motion was seconded by Councilmember Peterson. HB -24-Item 6. - 4 City of Huntington Beach Community Services Commission PARK NAMING AND MEMORIALS COMMITTEE MEETING SUMMARY Wednesday February 22, 2017 4:00 p.m. | Room EMG-1 Senior Center in Central Park Huntington Beach, CA 92648 Committee Members Present: Joe Carchio; Albert Gasparian; Roy Miller; Michelle Schuetz; Krista Sterud; Committee Members Absent: Jay Kreitz (ex officio-excused) Staff Present: David Dominguez; Charlene Gomez Commissioner Miller opened the meeting at 4:12, at which time the pledge of allegiance was said. Election of Chair Commissioner Schuetz moved to nominate Commissioner Miller as Committee Chair. Commissioner Carchio seconded the motion. All in favor. Public Comments - None Naming Recognition – To bring the new committee members up to speed, Dominguez provided background on the current task before the Committee. He stated that as directed by City Council through the Community Services Commission, Committee will provide naming opportunity recommendations for Delbert “Bud” Higgins, and Frank L. Ciarelli. Discussion continued on possible naming options for Bud Higgins, including Warner Dock, the Parkside Estates development at Warner and Graham, and other locations. Suggestions made for Frank Ciarelli included the Park, Tree and Landscape Yard at Gothard and Slater amongst others. It was noted that Bluff Top Park is State Park property, and therefore, there are many restrictions on naming. Discussion continued on various options. Commissioner Carchio asked if the naming after mayors is still a requirement. Dominguez responded that Resolution No. 2004-90 does allow naming opportunities for former mayors who are no longer members of City Council, but also for other individuals or significant events. Committee Chair Miller provided information on the criteria as defined by Committee at a previous meeting. The facilities discussed included Parkside Estates, LeBard, Franklin Elementary, the park at the southeast corner of Magnolia and Banning, the Beach Public Service Center, and the Park Tree and Landscape yard. HB -25-Item 6. - 5 Park Naming & Memorials Committee February 22, 2017 Meeting Summary Page 2 Schuetz asked if the original recommendation of naming Wardlow and Lamb Park after Bud Higgins and Frank Ciarelli could go back before the new Council. Dominguez said it would have to go back to Commission first and then it would have to be their recommendation to send it back to Council without any changes. With regard to Franklin Elementary, Gasparian asked who Franklin was and why the school was named for him. Dominguez said staff will provide historical information on Franklin, LeBard, and the Warner Doc to determine the significance of the names. Carchio asked for background on why Council is asking for naming opport unities for Bud Higgins and Frank Ciarelli. Dominguez provided a synopsis of what has lead to this meeting. Dominguez concluded by saying that staff has their direction and will come back to Committee with research for Committee to use in their recommend ation. ITEMS DISTRIBUTED TO COMMITTEE - None Submitted by: David C. Dominguez Secretary, Community Services Commission By: Charlene Gomez, Recording Secretary HB -26-Item 6. - 6 City of Huntington Beach Community Services Commission PARK NAMING AND MEMORIALS COMMITTEE MEETING SUMMARY Wednesday April 5, 2017 4:00 p.m. | Room B-8 Civic Center 2000 Main Street Huntington Beach, CA 92648 Committee Members Present: Albert Gasparian; Roy Miller; Michelle Schuetz; Krista Sterud Committee Members Absent: Joe Carchio; Jay Kreitz (ex officio-excused) Staff Present: David Dominguez; Charlene Gomez ROLL CALL & PLEDGE OF ALLEGIENCE Commissioner Miller called the meeting to order at 4:06, at which time roll was taken and the pledge of allegiance was said. PUBLIC COMMENTS - None RESOLUTION NO. 2004-90 – Dominguez directed Committee’s attention to the attachment saying that the modified language is noted in red as follows: 1.) Second paragraph - add “and other park amenities” after “park play equipment”. 2.) Section 1. - Add “and other amenities” at the end of the sentence. 3.) Section 5 – Add as a final sentence, “In addition, other individuals or other names maybe proposed”. 4.) Section 9 – Modify the language to read: Replace the current language with “That the recommendations for park/pier memorial naming be processed through the Community Services Commission and shall have the approval of the City Council”. Dominguez stated that if Committee agrees to the changes, the item will go before Commission at the May meeting and then on to City Council for final approval thereafter. Commissioner Schuetz asked for the reasoning behind the change. Dominguez stated that there is a conflict in direction and wording in these sections. Changes are for clarification on the naming criteria and process. HB -27-Item 6. - 7 Park Naming & Memorials Committee April 5, 2017 Meeting Summary Page 2 Committee Chair Miller called for a motion. MOTION: Schultz moved to accept the recommended changes to update the language in Resolution 2004-90 as presented. Commissioner Gasparian seconded the motion. Ayes: Gasparian, Miller, Shultz, Sterud Noes: None Abstain: None Absent: Carchio NAMING RECOGNITION Dominguez provided background on LeBard and Franklin schools respectively saying that James Franklin was the first principle at Franklin Elementary. Dominguez referred to the attached information on LeBard saying that he was once a City Council member. Franklin Elementary is located in Westminster and scheduled for demolition. It’s currently in the entitlement stage in the Planning Dept. The developer will deed one acre to the City, and at this time, staff is suggesting that the name process be delayed until the park is completed. Discussion ensued on prior naming projects and processes. Dominguez provided a slide presentation on other potential naming opportunities with maps of the locations, including the Park Tree & Landscape yard. ITEMS DISTRIBUTED TO COMMITTEE - None Submitted by: David C. Dominguez Secretary, Community Services Commission By: Charlene Gomez, Recording Secretary HB -28-Item 6. - 8 (775) CITY OF HUNTINGTON BEACH COMMUNITY SERVICES COMMISSION MINUTES REGULAR MEETING Wednesday, May 10, 2017 6:00 PM City of Huntington Beach Civic Center Council Chambers 2000 Main Street Huntington Beach, CA 92648-2702 CALL TO ORDER: Vice-Chair Kaub called the meeting to order at 6:08 p.m. at which time the Pledge of Allegiance was said. MEMBERS PRESENT: Paul Burkhart; Joe Carchio; Albert Gasparian; Bridget Kaub; Janis Mantini; Michelle Schuetz, Krista Sterud, Dick Thiel MEMBERS ABSENT: Antonio Benitez; Nicolina Cuzzacrea (excused); Jay Kreitz (excused); Amy Kwon (excused); Roy Miller; STAFF PRESENT: Janeen Laudenback; David Dominguez; Charlene Gomez PRESENTATIONS: None MINUTES: Motion: A motion was made by Commissioner Burkart and seconded by Commissioner Mantini to approve the minutes of March 8, 2017 as amended by Commissioner Schuetz. Ayes: Burkhart, Carchio, Kaub; Mantini; Schuetz; Sterud; Thiel Noes: None Abstain: Gasparian Absent: Benitez, Cuzzacrea, Kreitz, Kwon, Miller PUBLIC COMMENTS: Gloria Alvarez from HB Preserve Our Past spoke regarding the Rogers site, referring to it as the “17th Street Park”. Ms. Alvarez referred to agenda item L-1 and requests the name be restored to the “17th Street Park”. Additionally, she asked that Commission add this topic to their next agenda. Leslie Gilson spoke regarding benches in Gibbs park. She requests that no cement benches be placed in the park and would like to see cohesion between the parks. She HB -29-Item 6. - 9 Community Services Commission May 10, 2017 Meeting Minutes (775) Page 2 of 8 would also like to see the same for the trash bins and would like to know who she can speak with. Commission Carchio asked if it was only Gibbs Park, and Ms. Gilson replied that it was not. Steve Engel identified himself as a stakeholder in the Huntington Central Park Committee and requested that Commission accept the priority list as presented in the agenda packet. Mr. Engel also commented on Irby Park, and an article he read in the OC Register regarding housing homeless individuals in a transfer station near Central Park. Volunteers and staff have worked hard at cleaning up the park and he would not like to see it revert back to the condition it was in previously. Rocky Ciarelli addressed the recommendation of the Park Naming & Memorials Committee to name the Park, Tree, Landscape Yard after his father, Frank L. Ciarelli. Mr. Ciarelli said that after speaking with his family, they would like to respectfully decline the offer as they feel the Yard should be named after someone more connected to that aspect of the City. Mr. Ciarelli suggested other examples such as the City Gym and Pool or the Sports Complex due to their father’s involvement in youth sports. He thanked Commission for their efforts. Barbara Haynes from HB Preserve Our Past is in support of naming the Rodgers it as the “17th Street Park”. DIRECTOR/MANAGER ITEMS: Laudenback gave an update on the Rodger Center by providing information on use of the Center. On February 1, 2016, Council directed staff to re-designate the Rodgers Center for community Use. Staff provided a plan for interim use at the April 4, 2016 Study Session. On April 18, 2016, Council directed staff and Commission to use the public process to determine uses for Rodgers and present a plan to Council. They also directed staff to continue programming in the interim. During the interim, the Center is being used for Post 133 Veterans meetings, Retired Senior Volunteer Program and Police Dept. meetings/training. Upcoming uses will include Local non -profit group meetings, after-school recreational programming; CERT; Police Activity League Wrestling Program and Community Services Summer Camps. There was a Community Open House held on May 6, 2017 to outline the plans and receive input from the community. The estimated Park Development costs are $1,500,000 and the estimated building repairs are, first tier: $290,000; and second tier: $570,000. Commissioner Carchio asked where the $1.5 million will come from for repairs and refurbishing. Laudenback said that staff has not received direction yet as to what to do with the property, and once there is direction, staff will look at funding, grants and the Capital Improvement Project budget (CIP). Commissioner Sterud asked about the value of the land. Dominguez responded that he didn’t have the exact number, but would provide the information at the next meeting. She also asked if the $1.5 million will be enough for the repairs and refurbishing . Dominguez said it’s within the general range. HB -30-Item 6. - 10 Community Services Commission May 10, 2017 Meeting Minutes (775) Page 3 of 8 Commissioner Kaub said she would like more advanced notice regarding any community meetings on this topic. She also commented on the current programming saying that as a neighbor, it seems to be going well and is quiet. Dominguez reported that letters of appointments to the Commission have gone out to the respective school districts. Dominguez provided an updated on the General Plan. The last General Plan was in 1996. A new draft release is expected on May 22, 2017 for comments; the EIR meets on June 22; Planning study session is scheduled for July 22; Planning is scheduled to approve on August 15; and the plan will go to City Council for approval on September 18. The item will be published in the newspapers and on the City’s website. PUBLIC INPUT MEETING: None ADMINISTRATIVE ITEMS: Huntington Central Park Concert Bandstand Naming – Dominguez provided background on the Bandstand saying that Council Member Brenden is recommending that the Bandstand be named in honor of longtime Community Band Director, Thomas Ridley. Mr. Ridley has been the volunteer Director of the Huntington Beach Concert Band for 30 years. Dominguez also noted a correction to the “Recommended Action”, saying that the official name being recommended should be the “Thomas Ridley Huntington Central Park Concert Bandstand”. MOTION: Commissioner Carchio moved to make a recommendation to City Council to officially name the Huntington Central Park Bandstand the “Thomas Ridley Huntington Central Park Concert Bandstand.” Commissioner Gasparian seconded the motion. Discussion ensued on whether the item should be directed to the Park Naming & Memorials Committee. Dominguez provided clarification on the naming procedures adding that the Commission has the ability to approve without sending to the Committee. After further discussion, all members of the CSC in attendance are in agreement; the item shall remain with the full Commission and not be directed to Committee. With all in favor, the motioned passed. Ayes: Burkhart, Carchio, Gasparian, Kaub; Mantini; Schuetz; Sterud; Thiel Noes: None Abstain: None Absent: Benitez, Cuzzacrea, Kreitz, Kwon, Miller Youth Sports Grant Committee – On behalf of Committee Chair Miller, Commissioner Thiel reported on the Youth Sports Grant program. Commission Thiel provided background on the grant program and criteria stating that the funds available for 2016/2017 are $52,000. There was a total of $163,000 in requests submitted by ten (10) organizations. Committee determined the most eligible and are recommending funds be allocated to six (6) organizations. Commissioner Thiel read over each request and explained the Committees decisions for altering the original amounts requested in order to fit within the $52,000 budget for this program year. HB -31-Item 6. - 11 Community Services Commission May 10, 2017 Meeting Minutes (775) Page 4 of 8 MOTION: Commissioner Carchio moved to approve funding of $52,000 for six (6) recipients of the Youth Sports Grants for FY 16/17 as recommended by the You th Sports Grant Committee and as presented in Attachment G-2. Commissioner Mantini seconded the motion. Discussion began regarding school district approval and funding projects on school property. Commissioner Thiel responded that district approval is p art of the criteria. Staff member Frankeny said that projects for school district properties are acceptable because the schools allow other youth organizations to use their fields. With no further discussion, the vote was taken, and the motion passed. Ayes: Burkhart, Carchio, Gasparian, Kaub; Mantini; Schuetz; Sterud; Thiel Noes: None Abstain: None Absent: Benitez, Cuzzacrea, Kreitz, Kwon, Miller Naming Recognition for Frank Ciarelli and Delbert Higgins – In light of the request made by Rocky Ciarelli during the public comments and the family’s wishes, Recommended Action Item #2 will not be addressed. However, in Recommended Action Item #1, the Committee is recommending that the Beach Public Services Center be named in honor of Delbert “Bud” Higgins. Dominguez provided a PowerPoint presentation showing significance and location of the Beach Public Service Center. He stated that Mr. Higgins was the City’s first lifeguard Chief and is credited with starting the Life Guard Division. MOTION: 1) Commissioner Gasparian moved to approve and recommend to City Council to name the Beach Public Services Center as “The Delbert “Bud” Higgins Beach Public Services Center”. Discussion ensued regarding Recommended Item #2 and a separation of the motions for both items. A second motion was made by Commissioner Carchio and seconded by Commissioner Schuetz to accept the Park Naming & Memorials Committee’s recommendation to approve and recommend to City Council to name the Beach Public Services Center as “The Delbert “Bud” Higgins Beach Public Services Center”. The motion passed. Ayes: Burkhart, Carchio, Gasparian, Kaub; Mantini; Schuetz; Sterud; Thiel Noes: None Abstain: None Absent: Benitez, Cuzzacrea, Kreitz, Kwon, Miller MOTION: 2) An amendment was made to take no action on Recommended Action Item #2 based on the request by the Ciarelli family. Commissioner Burkhart moved to accept the amendment with Commissioner Carchio seconding the motion. The motion passed. Ayes: Burkhart, Carchio, Gasparian, Kaub; Mantini; Schuetz; Sterud; Thiel Noes: None Abstain: None Absent: Benitez, Cuzzacrea, Kreitz, Kwon, Miller HB -32-Item 6. - 12 Community Services Commission May 10, 2017 Meeting Minutes (775) Page 5 of 8 Resolution 2004-90 – Dominguez said that the Park Naming & Memorials Committee is seeking Commission’s approval to modify Resolution 2004-90. He explained that when reviewing the criteria for last park naming opportunity, inconsistencies in the language were noted. Dominguez reviewed the Committee’s recommended updates. Discussion continued on the language to be updated and the reason for naming parks after schools. Commissioner Burkhart moved to accept and recommend the suggested modifications to City Council for approval as submitted by The Park Naming & Memorials Committee. Commission Schuetz seconded the motion, and the motion passed Ayes: Burkhart, Carchio, Gasparian, Kaub; Mantini; Schuetz; Sterud; Thiel Noes: None Abstain: None Absent: Benitez, Cuzzacrea, Kreitz, Kwon, Miller Golden View Park Volleyball Courts – Dominguez said that over the years, the volleyball courts have deteriorated. Residents approached the Mayor and asked for them to be refurbished. Staff has reviewed the courts. A neighbor has offered to prepare the area. The City will purchase the prop er sand. There was an original estimate of $30,000, but some sand has become available from the Worthy Park project, therefore, the recommendation is to ask City Council for $20,000 instead of the original $30,000. The project would have been substantial ly more costly without the extra sand from Worthy Park and the partnership with the community. Commissioner Burkhart asked if the costs were included in the current CIP. Dominguez said that there is a line item for non-specific park projects. Commissioner Thiel asked if there are beach volleyball programs available through the Community Services Department. Dominguez replied that there are, and the Dept. has been approached regarding instructional classes at this park. Commissioner Thiel asked if it is currently being used. Dominguez responded no, saying it is basically dirt at this point. Commissioner Schuetz asked for the costs breakdown. Dominguez said that $10,000 is for sand, and $10,000 for the demo and preparation. Commissioner Thiel asked about the sand coming from Worthy Park. Dominguez said that it is play sand that is being replaced with a rubberized surfacing at the new Worthy Park tot lot. Commissioner Carchio asked if money has already been set aside. Dominguez said yes. Commissioner Carchio asked if the volleyball courts are for neighborhood use only or will the Community Services Dept. be programming classes. Dominguez said that once the courts are usable again, should an issue of usage by classes versus the neighborhood arise, then regulations will be put in place. Until then, it will be provided on a first come, first serve basis. Discussion continued on probable situations and the processes that will take place, including any instructional classes would be required to through the Community Services recreational programs. HB -33-Item 6. - 13 Community Services Commission May 10, 2017 Meeting Minutes (775) Page 6 of 8 Commissioner Schuetz asked if any other parks have sand volleyball courts. Dominguez said that there are two other parks with sand volleyball courts. Discussion ensued on the growth of volleyball as an activity and potential recreational programming. MOTION: Commissioner Burkhart moved to approve funding in the amount of $20,000.00 to make improvements to the volleyball courts and surrounding park area at Golden View Park. Commissioner Mantini seconded the motion. The motion passed. Ayes: Burkhart, Carchio, Gasparian, Kaub; Mantini; Schuetz; Sterud; Thiel Noes: None Abstain: None Absent: Benitez, Cuzzacrea, Kreitz, Kwon, Miller Central Park Capital Improvement Project Priority List – Laudenback gave an overview of the priority list as set by the Huntington Central Park Committee. 1) Renovation of asphalt concrete walkways at $250,000; 2) Parking lot renovation at the Park Bench Café and Central Park East lot for $250,000. Dominguez noted that this is not Park Fund money, but specifically set aside for infrastructure, and therefore, not taking away from any other park needs. Commissioner Kaub, as Committee Chair, provided background on the tasks before the Committee and the processes they used in order to determine these recommendations. Commissioner Carchio asked about the parking lot near Armstrong’s Nursery. Dominguez confirmed that it has been completed, and that there are three lots altogether requiring attention. MOTION: Commissioner Mantini moved to approve the infrastructure improvements as recommended by the Huntington Central park Committee. The motion was secon ded by Commissioner Burkhart. The motion passed. Ayes: Burkhart, Carchio, Gasparian, Kaub; Mantini; Schuetz; Sterud; Thiel Noes: None Abstain: None Absent: Benitez, Cuzzacrea, Kreitz, Kwon, Miller INFORMATIONAL ITEMS: Murdy Park – Dominguez reported that there is money in the budget to design a multipurpose sports field at Murdy Park. The design is in final process and will be brought to Commission at their next meeting. In working through the public process, this will be brought forward as a public input item with notices mailed to the surrounding neighbors and posted in the paper. Because it’s a change to the Master Plan, approval by Commission and City Council is required. If approved, a request for funding will be asked for in the next year’s fiscal budget, however, the request at the next meeting will be for design only. HB -34-Item 6. - 14 Community Services Commission May 10, 2017 Meeting Minutes (775) Page 7 of 8 Huntington Central Park – Monarch Butterfly Conservation Grant – Staff applied for a Butterfly Conservation Grant, however, was not successful this time around Commissioner Thiel asked if there are plans to add a line to the budget for this item. Dominguez said not at this time, however, Commission can agendize it for a future meeting if there is interest. The reason staff applied for the grant is because it seemed to fit a specific need. Staff will continue to apply for grants for Central Park and other parks when appropriate. Central Park Sports Complex Team Room – Dominguez reported that the tenant improvements are almost complete and the Team Room should be open in the next couple of weeks. Worth Park Reconfiguration Project – Dominguez said that work is moving along well. Completion is anticipated for mid-July with a potential mid-August re-dedication. Irby Park – Dominguez reported that City Council took action to approve the conceptual master plan as recommended by Commission at their April 3, 2017 meeting. Staff is requesting funding for the first phase in the 2017/18 CIP budget. Bartlett Park – Dominguez said that to date, grant funds have been used for the improvements at Bartlett Park. However, additional improvements are needed and continuing. Chain link access gates have been replaced with lodge pole gates to match the new fencing. Landscaping around the Newland Barn parking lot and the Yorktown frontage are needed. Staff is awaiting review of the tot lot plan by the Orange County Flood Control District since a portion of the intended location is in a flowage easement area. Although the City owns the property, the County has an easement on it, and therefore, the City is required to obtain County approval. Once the plan is complete, it will be brought to Commission for approval. Commissioner Carchio asked about the Murdy Park multi-purpose field, asking what kind of fields will be included. Dominguez said it will be used for various sports such as field hockey, soccer and flag football. Commissioner Carchio also commended staff on the Worthy Park project. Commissioner Thiel asked about the Shipley parking lot. Dominguez said that there is a concept design and the Huntington Central Park Committee is reviewing the project. The hope is to be able to bring it to Commission at the July meeting. WRITTEN COMMUNICATIONS: Correspondence received from Gloria Alvarez regarding the Rodgers Center site. COMMISSION BUSINESS: An update from the Huntington Central Park was previously reported under Administrative Items. An update on the Youth Sports Grant was previously reported under Administrative Items. Checks will be presented at the June 19, 2017 City Council meeting. HB -35-Item 6. - 15 Community Services Commission May 10, 2017 Meeting Minutes (775) Page 8 of 8 Commissioner Thiel asked about the status of the vegetation overgrowth and homeless encampments in Central Park. Laudenback addressed the question, stating that the Community Services Department has been working closely with Public Works and the Police Department to take down the overgrowth and encampments. Kaub reported that the Huntington Central Park Committee stakeholders will be reporting things that they see that need attention in order to maintain the park. COMMISSION AND STAFF COMMENTS: Commissioner Burkhart’s said that he has been on the Commission for six years and has asked the Fountain Valley School District to select a replacement representative when his term ends in June. This will be his last meeting and he thank ed Commission and staff. Commissioner Kaub said she would like to discuss the thought process and communication of the 17th St. Park and asked for direction on how Commission can discuss this item. Dominguez said the item would have to be agendized. Kaub asked if Commissioners have an opinion or want to make a comment on the subje ct, can they email it to staff. Dominguez said that if a Commissioner would like to discuss a certain topic, they should follow the procedures approved last year by Commission on how to submit an item for the agenda. Dominguez said that staff can send ou t the procedures as a reminder on the process, however, the request would be addressed to the Chair with a copy to him. Commission Kaub asked that if any Commissioners have an opinion or a statement regarding the parkland on 17th Street, to please email it to David Dominguez. Commissioner Carchio asked if the intent is to separate the building and the park at the Rodgers Center site. Laudenback responded that the intent of the discussion for the next agenda is to name the park, not the building. Dominguez commented on the park benches and the approved policy by Commission and City Council to use a system to install named benches. He explained that benches have been installed by developers, and as they have deteriorated, they have been replaced with concrete benches through the park bench donation program . There is no standard bench design at this time for benches other than those installed through park bench donation program. Dominguez provided a suggestion of Commission possibly referring the bench design to the Special Interest Committee. ITEMS DISTRIBUTED TO COMMISSION: None ADJOURNMENT: With no further business, Vice-Chair Kaub adjourned the meeting at 7:53 pm. Submitted by: David C. Dominguez Secretary Community Services Commission By: Charlene Gomez Recording Secretary HB -36-Item 6. - 16 Dept. ID ED 17-11 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: City Council is asked to approve the Annual Report and Fiscal Year 2017-2018 Budget of the Auto Dealers’ Business Improvement District, adopt a Resolution to establish an annual assessment for Fiscal Year 2017-2018, and schedule a duly noticed public hearing for September 18, 2017. Financial Impact: Proposed revenues and expenses are included in the City’s 2017-2018 Huntington Beach Auto Dealers Association Business Improvement District Budget (Fund 718). Recommended Action: A) Adopt City Council Resolution 2017-31, "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual Assessment Within the Huntington Beach Auto Dealers Association Business Improvement District for Fiscal Year 2017- 2018," including Exhibit A - Auto Dealers BID Annual Report, and Exhibit B - Auto Dealers BID Member List; and, B) Direct the City Clerk to schedule a public hearing to be held on September 18, 2017, and send copies of the Resolution of Intention and assessment formula to each business to be assessed and publish the same in a newspaper of general circulation. Alternative Action(s): Do not approve the Annual Report and 2017-2018 Budget and deny the Resolution. Analysis: In September 1992, the City Council approved Ordinance Number 30175, establishing the Huntington Beach Auto Dealers Business Improvement District (Auto Dealers BID) as a method of financing and maintaining the Auto Dealers’ reader board sign and Auto Dealers promotional activities. During Fiscal Year 2016-2017, the Auto Dealers welcomed a new brand – Subaru. As space in the City for new dealerships is limited, the ability to attract Subaru to co-locate within an existing – and competing - dealership demonstrates the power that Huntington Beach has in the auto sales market. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve Annual Report and Fiscal Year 2017-2018 Huntington Beach Auto Dealers Business Improvement District Budget and Adopt Resolution No. 2017- 31 declaring the City’s Intention to levy an annual assessment for Fiscal Year 2017-2018 within the Huntington Beach Auto Dealers Business Improvement District; and schedule a Public Hearing for September 18, 2017 HB -37-Item 7. - 1 Dept. ID ED 17-11 Page 2 of 2 Meeting Date: 8/21/2017 The Association has also continued to operate their Beach Boulevard of Cars Store at Oceanview Plaza (formerly known as Charter Center), and attracts approximately 750 visitors per month. In addition, they continue to operate the electronic reader board sign along the I-405 freeway to promote their members, as well as non-profit and City events. At their meeting of June 21, 2017, the Auto Dealers’ BID Advisory Board approved its annual report and the proposed 2017-2018 assessment schedule and budget, which is unchanged from 2016- 2017. The Auto Dealers BID anticipates an operational budget of $112,800 and a cash reserve balance of $1,000. Subaru is currently operating within the existing McKenna Volkswagen Dealership and is not a separate voting member of the Auto Dealers Association, thus, there is no additional assessment paid by Subaru at this time. Once their dealership building has been constructed and is in operation they will pay an assessment. Additionally, within the next year, Jeep will become a stand-alone dealership and will no longer share the property with Chrysler, thus, it will also begin to pay its own assessment at that time. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s) 1. Resolution 2017-31, “A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Levy an Annual Assessment Within the Huntington Beach Auto Dealers Association Business Improvement District for Fiscal Year 2017-2018,” including Exhibit A – Auto Dealers BID Annual Report, and Exhibit B – Auto Dealers BID Member List HB -38-Item 7. - 2 RESOLUTION NO. 2017-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO LEVY AN ANNUAL ASSESSMENT WITHIN THE HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018 WHEREAS, the Parking and Business Improvement Area Law of 1989, codified at Streets and Highways Code § 36500, et seq. (the "Act") authorizes cities to establish parking and business improvement areas for the purpose of imposing benefit assessments on businesses for certain purposes; and The City Council has formed a business improvement area, known as the Huntington Beach Auto Dealers Association Business Improvement District (the "District"), by the passage of Ordinance 3175 on September 8, 1992. The City is proposing to levy an assessment for fiscal year 2017-2018 pursuant to the process detailed in Streets and Highways Code §36500, et seq.; and The District's Advisory Board has prepared and filed with the City Clerk a report for Fiscal Year 2016-2017, ("Annual Report") which sets forth the amount and basis of levying the assessment for Fiscal Year 2017-2018. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, determine and find as follows: SECTION 1. The City Council hereby approves the Annual Report filed by the Advisory Board in the City Clerk's office attached hereto as Exhibit A and incorporated herein by this reference, which includes a proposed budget for Fiscal Year 2017-2018 and a description of the improvements and activities to be provided for Fiscal Year 2017- 2018. SECTION 2. The City Council hereby declares its intent to levy and collect assessments within the District for Fiscal Year 2017-2018. The levy is to apply to small businesses classified by the City of Huntington Beach License Code as Class A Retail Sales, (Al) Auto, New, Used, Parts, including new business of that classification located within the District as shown in Exhibit B in the amounts set forth therein, which exhibit is incorporated herein by this reference. SECTION 3. The assessments collected will be used to cover costs to operate, upgrade, and maintain an electronic reader board located within the City of Huntington Beach west of the intersection of Beach Boulevard and Center Avenue and other promotional and advertising activities. SECTION 4. A public hearing shall be held before the City Council on September 18, 2017, at 6:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street, Huntington Beach, California, at 17-5860/1603291RLS 6/12/17/DO 1 HB -39-Item 7. - 3 APPROVED AS TeeFO_RM: City Attorney Resolution No. 2017-31 which time the Council will hear all interested persons for or against levying of the assessment, and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing; but, if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of businesses within the District, which will pay 50% or more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. SECTION 5. The City Clerk is hereby directed to provide notice of the public hearing by causing this resolution of intention to be published once in a newspaper of general circulation at least seven days before the public hearing. SECTION 6. Further information regarding the proposed business improvement district may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California 92648; telephone (714) 536-5582; or from the Huntington Beach Auto Dealers Association, Inc., 2124 Main Street, Huntington Beach, CA 92648; telephone (714) 536-3200. SECTION 7. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in this area within seven days after the Council's adoption of this resolution. SECTION 8. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor REVIEWED AND APPROVED: City Manager 17-5860/160329/RM 6/12/17/DO 2 HB -40-Item 7. - 4 EXHIBIT A kWIL.4) 405 Beach Blvd. South 14AlAxpA • HYUNDAI • NISSAN • TO Huntington Beach 10 Dealers Association ness Improvement 2016: RECORD YEAR HB Auto Dealers Broke the $11 Billion level Total Sales! And donated over $600,000 to Local Charities... HB -41-Item 7. - 5 Total parts, service and vehicle sales increased a record breaking $508 million since 2010 with the renovation of the Digital Reader Board Sign effort and permission to operate our digital sign on the 405, Total parts, service and vehicle sales grew an unprecedented $1.5 million over calendar year 2015. Reader Board Sign results go deeper than just gross sales. Total Taxes Paid or collected grew from $38,478,000 (million) in 2010 to a staggering $61,840,000 in 2016; these 10 New Car Dealers grew in total taxes paid $6,184,000 (million) alone. The Huntington Beach Auto Dealers Association was formed on August 15, 1990 out of the desire to bring new car dealers on Beach Blvd. to join forces, develop a cooperative community and execute effective marketing plans that better serve their industry and the City of Huntington Beach. 26th Annual Celebration On September 8, 1992 the Huntington Beach City Council approved ordinance no. 3175 establishing the Huntington Beach Auto Dealers Business Improvement District (BID) as a method of financing and maintaining their then state-of-the-art digital reader board sign. This year, 2017, marks the 27th anniversary of the Association and our effort to create a 21st century and beyond spectacular new digital reader board sign for the community! With the dedication of our, 85 foottall, wedge shaped, two sided, 1,200 square foot digital faced sign, the Auto Dealers Association is able to dedicate new and greatly needed revenue to further merchandise the business and financial interest of both the Beach Blvd. of Cars and the City of Huntington Beach. The Reader Board Sign also allows us to significantly support nonprofits throughout our community. Total Revenue for the reader board sign is dedicated to marketing and advertising in promotion of all ten dealers. We are experiencing significant new sales and sales tax generation as a result of the joint effort between the city and the dealer network. The ten dealer network dots the landscape along 3 miles of Beach Blvd., Surf City, USA. These components have worked together to insure all parties continuity of message supporting a unified organization working together with common goals. Our reader board sign adds strength, beauty and character to our message and helps increase business for all parties involved, particularly in the absence of us not having an auto mall. HB -42-Item 7. - 6 SPEED LIMIT 50 FOOD—ENTERTAINMENT FUN FOR THE WHOLE FAMILY! Sunday March 19 i1100-5t00 www.libcpqest.com HUNTINGTON 1315ACH. BLVD OF. CARS 122 Total Dealerships $12 Billion in Sales 2016 298,000 Vehicles Sold 12,200 Employees $701 Million Payroll $736 Million Sales Tax 10 Dealerships $1 Billion + in Sales 2016 24,400 Vehicles Sold 1,000+ Employees $57.5 Million Payroll $60.33 Million Sales Tax Our Family Facts: Orange County Dealers - HB Auto Dealers WE MAKE A DIFFERENCE EVERYWHERE The Huntington Beach Auto Dealers Association is dedicated to serving the New Car Dealer Members located on Beach Blvd. We strive to promote our collective business success, provide an effective marketing message, and assist with common issues by providing the community we serve with a variety of meaningful programs. Our Association works to protect and expand our business segment in order to be able to provide leadership and focus so that both the members we serve and our community remain healthy, prosperous and above all competitive with the many auto malls in our region. HB -43-Item 7. - 7 MEM ' Mustangs, Corvettes, Chargers, Continentals, Lincoln, Malibu, Thunderbird, Hummers, Plymouth, Honda, Toyota and even the Dodge Dart dotted the early Beach Blvd. landscape. Names like Cal Worthington, Groth, Terry York, Gustafson, Bill Maxey took the Blvd. through much of its growth during the 1960s, '70's and '80's. A number of dealers still remain family owned. They are local people serving local people from the same locations in Huntington Beach for well over 40 Years. HB -44-Item 7. - 8 , . -,..a.•11-HEVRO!.C-1 it44-11. Welcome Subaru as part of the MeKenna Volkswagen location and welcome Hardin Automotive Group and their newest Hyundai Store; at least another $3 million of additional added value the HB Auto Dealers contribute to the local economy With the completion of the Digital Reader Board Sign ($1.5 million capital cost), the complete rebuild of the Toyota of Huntington Beach franchise ($18 million), the significant expansion of the Norm Reeves Honda Superstore location ($4.7million), the recent rebuild of the QC Mazda (HB Mazda) store ($2.2 million), the recently complete rebuild of the Surf City Nissan Store ($2 million), the renovated DeUlla Chevrolet Store ($1 million), the in process and rebuilding Huntington Beach Ford Store ($1 5 million +) and the complete rebuild of the new combined Chrysler, Dodge. Jeep/Ram facility (some $1.5 million) - these significant and on going financial commitments further demonstrate the continuing confidence in the automotive industry held by our members Despite fairly harsh economic downtown in the national, regional and local economy this group of 10 entrepreneurs have pushed forward to protect, expand and retain their business interest in Huntington Beach, Surf City, USA. Welcome Hardin Automotive Group and their exceptional new design on Beach Blvd. Our dealers have continually led in their make and model franchise areas. Ford's growth is monumental since they opened five years ago, Kia continues to break records even during their inaugural and subsequent year with the Beach Blvd of Cars. Chrysler has locked down statewide and national awards for sales performance over a long period of time and the other brands win industry awards, sales performance awards and customer satisfaction achievements regularly. Imagine in the entire State of California the #1 Chrysler Dealer is in Huntington Beach. Several times in 2015 they were the #1 Chrysler dealer in the entire United States. Hands-on and bottom-line local business leadership models combined with a level of community consciousness and a spirit of giving back form the best description of these ten business owners and their managers. We are: Ten New Car Dealers acting as one when it comes to marketing, community and investment. 4111•UN,mi Y4110111111.1itilw, HB -45-Item 7. - 9 REFUEL YOUR FUN big 111 Buy Refillable Propane Cylinders Huntington Beach U-Haul www.ReFuelYourfun.org SAVE MONEY 1-IUNTINGTON BEACH BLVD OF CARS STOR4 BELA TERRA New look, new location...It is our 7th year with our Car Store, now at Charter Center, a highly visible and major intersection on the corner of Beach Blvd. and Warner Ave. Our all glass, highly visible lobby floor office will help serve the economic interest of our community and serve as our hub for our Huntington Beach Auto Dealers Community Foundation. This represents our continuing partnership with the business community and the City. The Huntington Beach Auto Dealers Association's Reader Board Sign facilitated the opening of a "retail" presence in the then existing Redevelopment area At significant expense (details in financial report), the Association employs representatives with payroll, workers comp, insurance considerations, site signage, equipment, etc. Currently, labor, rent and office operation represents almost 40% of the total BID Annual Budget. The Blvd of Cars Store plays a dual role; host to the community for important and sought after information and customer visitors looking for a broad variety of questions. At the Car Store, the association operates a facility that cultivates interest in transportation products offered by the Member Dealers. This includes electronic hook up to each dealer member through the Internet and web sites. Staff also deals with walk-up clients wanting automotive or transportation information. Literature for each Dealer is on display, telephone lines exist for instant access to individual dealers for any client questions or needs. HB -46-Item 7. - 10 The Huntington Beach Dealers Business Improvement District meets the third Wednesday of each quarter at The Waterfront Hilton Beach Resort, 21100 Pacific Coast Hwy, Huntington Beach, CA in their Conference Boom. The specific dates for the 2017 -2018 Fiscal Period are: September 20, 2017 December 20, 2017 March 21, 2018 June 20, 2018 September 19, 2018 The Huntington Beach Auto Dealers Association acting as Managers of The Huntington Beach Auto Dealers Business Improvement District include: HR Dodge, Chrysler Jeep Ram 714-841-3999 www.hbchryslerjeep.com Huntington Beach Hyundai 888-436-3920 www.huntingtonbeachhyunda Loom Norm Reeves Honda Superstore 714-842-5431 vvww.normreeveshb.com Huntington Beach Mazda 714-848-7739 www.ocmazda.com Surf City Nissan of Huntington Beach 714-500-6000 www.surfcitynissan.com DeLilla Chevrolet 714-847-6087 www.delillo.com Huntington Beach Surf City Ford 714-842-6611 www.huntingtonbeachford.com McKenna VW I Subaru Huntington Beach 866-925-0602 www.mckennavolkswagen.com Toyota of Huntington Beach 714-847-8555 www.toyotaofhb.com Car Pros Kia of Huntington Beach (714) 274-6176 wwvv.orangecountykia.com The election certified Executive Committee of the Board of Directors of the Association also sit as the BID Board Members and they are: Bob Miller (Toyota of Huntington Beach) acts as President Paul Conant (Norm Reeves Honda Superstore) acts as Vice President) Bill Demarest (DeLillo Chevrolet) acts as CFO William Rea CPA Financial David Garofalo Administration HB -47-Item 7. - 11 iyersary Thotr. May 20th & 21st „I at the Huntington ik.1IflU:kli5 Beach AltaMed Pier 71, WM:AR 111:11.1i1.1, : '77•-v " :STORE =it BELLA 1TERRA. Like many makes and models of cars over the past 100 years...they were designed for the times, met the needs of the people they served and performed well for the level of technology developed to that stage in the personal transportation industry. No different is the story with Digital Reader Board Signs. Then and now, the Edsel, the Cobra, the Nova, the Camaro, etc. no different in the relationship between what the Auto Dealers pioneered 20 years ago or the super spectacular statement they make today with the Digital Reader Board technology launched in 2010 adjacent to Bella Terra on the 405 near Beach Blvd. ctf, =449 HB -48-Item 7. - 12 2017-18 BID Budget ,- wAW.:0WWX,1711 MONTHLY DEALER ASSESSMENT $ 940.00 • Business Improvement Assessment $ 112,800.00* Total Revenue $ 112,800.00 City Charges Marketing Car Store 72,000.00 40,800.00 Budgeted Revenue Less Expenses Previous Year Carryover/Reserve Year End Reserve Total Expenses $ 112,800.00 $ 1,000.00 $ 1,000.00 *113 dealer paying Assessments HB -49-Item 7. - 13 MO( Huntington Beach Auto Dealers Association Performance: • Total/ HB „Dealers 2016 Average/ HB Dealers 2010_ New Vehicle Sales Used Vehicle Sales Service and Parts Dept. Sales Other Departments tweinsk $475,000,000 $161,000,000 $101,500,000 $28,400,000 tailla701 $530,160,000 $170,860,000 $105,260,000 $583,000,000 $180,670,000 $107,600,000 $651,000,000 $192,240,000 $111,600,000 $658,800,000 $198,160,000 $112,400,000 $65,880,000 $19,816,000 $11,240,000 $3,690,000 - $30,530,000 $33,600,000 $35,110,000 $36,900,000 -1001/ littilarkaM9;1010- Total New Units ,Total Used Units IgtailVE0 ddigdd.. ,.„ 14,690 6,500 15,540 6,460 16,280 17,700 6,290 6,500 17,700 6,670 1,777 667 Total Full Time Employees Total PartTime Employees LTAltAATEKbYge,4. :CS 910 910 50 60 r4MLiVi WINIKS 920 940 950 50 motrmit- 95 60 60 5 .4a WE. 41 0466MOS 0§14Weir $3,300,000 $3,450,000 $14,850,000 $15,920,000 MO, 000 " $345,000 $1,592,000 F.S0 764,6 $6,033,000 $151,000 - $82 6:11814;060606 $;40-. - Advertising $8,350,000 $9,500,000 $10,050,000 $10,300,000 $10,400,000 $1,040,000 Other Products & Services $17,000,000 $17,700,000 $18,000,000 $18,500,000 $18,900,000 $1,890,008 from CA Business ONWOM ANYL.PTAP5m: --0A9aA07,740444.i, , TATAMgi, Total State Payroll Taxes Total Federal Payroll Taxes rite yitY.,5:1V7.30-4, at Sales Tax Collected Real Estate Taxes ccillOcted) -- 41?ealers eienbe To State and Local Business Taxes and Fees $3,000,000 $3,070,000 $3,210,000 $12,600,000 $13,680,000 $14,350,000 $44,500,000 751 i:2700:t le9r0 0 AI k 1*(iiito 02, — $1,410,000 $1,440,000 ,$1,400,000 0;906n0:I0 500,00iG: ;785,000 $390,000 $59,370,000 $60,330,000 $1,500,000 $1,510,000 ',129.91,1Wal 46;000 -1,210,000 - '4541,250 , $460,000 $550,000 174107161C:: 715 07:1449 HB -50-Item 7. - 14 Buy or Lease a New Car from one of the Ten New Car Dealers (HB Auto Dealers Association) and receive a FREE Annual HB Parking Pass $150 value Purchase any previously owned vehicle valued at over $20,000 and qualify for the same valuable Beach Parking Space! The Annual Beach Parking Pass allows you to park in all beach parking lots from Beach Boulevard to the pier, the Pier Plaza "Pay & Display" lots, meter lots between Goldenwest Street and Seapoint Street, meters along Pacific Coast Highway, the lot adjacent to the Warner Avenue Fire Station, where the boat ramp is located, and at the Main Promenade Parking Structure (200 Main Street). Annual Beach Pass not good at the Strand Parking Structure. General passes may be purchased at Beach Division Headquarters: 103 Pacific Coast Highway and the Community Services Department 5th Floor at City Hall, 2000 Main Street. Please bring your license plate number. The rate is $150.00 for the General Pass, Senior Citizen passes may be purchased at Beach Division Headquarters, 103 Pacific Coast Highway and the Community Services Department, 5th Floor at City Half, 2000 Main Street To qualify for a senior discount the senior must be present with a valid California Divers' License showing a minimum age of 62 at the time of purchase and must present the Vehicle Registration. The vehicle must be present at the time of purchase. The rate is $50.00 for Senior Citizens Pass, Visa, Master Card, and Discover Cards are welcome. Passes sold only to vehicles less than 20 ft. in length. The pass does not allow parking on Main Street, at residential or business meters, nor in Duke's Valet designated areas. Obey posted signs at the valet parking area near Duke's Restaurant. Main Promenade Parking Structure has entrances on Walnut and Olive Streets. You must pull a ticket to enter the parking structure and the ticket must be given back to the attendant upon exit from the structure. The Annual Beach Parking Pass is valid at the following locations: - City beach parking lots from Beach Boulevard to 6th Street - Parking meters along Pacific Coast Highway and Beach Boulevard - Metered parking lots between Goldenwest Street and Seapoint Street "Dog Beach" area - Parking lot adjacent to the Warner Avenue Fire Station and boat launch 1. The parking pass must be permanently affixed using provide adhesive to the window on the vehicle for which it was purchased on the inside, lower left corner of the front windshield (driver's side). The pass is non-transferable. 2. If you purchase a different vehicle or replace your windshield during the year, bring the pass in and it will be replaced for $10.00. If you do not bring in the pass you must pay the full price. 3. Passes are valid for 1 year after the date of purchase and may be purchased at any time. 4. Passes are VOID on vehicles over 20 feet (including overhang). 5. Vehicles over 20 feet, including overhangs, are prohibited from parking in the Pier Plaza lots and the Main Promenade Parking Structure due to size limitations. However, parking is available at the Beach Blvd. entrance of the City beach parking lot 6. The city is not responsible for lost, stolen, or misplaced passes. Another pass can be purchased at the current price. 7. Possession of this pass does not guarantee a parking space. Parking is on a first-come, first-served basis. 8. You may be restricted from parking in certain areas of the lots during Sunset Vista Camping Season (October 1 — May 31) and during selected Specific Events. HB -51-Item 7. - 15 Sign proposal including: (Partial List) • New Huntington Beach Auto Dealers Reader Board Sign is fully integrated into the existing Bella Terra landscape including colors, _ materials, and environmental elements. - • New 20mm LED pixels are 87% More energy-efficient than the - _ original 33mm LED pixels. - - • Original Overall Sign Square Footage 1679s • New Overall Sjoit Square Foota • Original ReadicilBitalit Sign at 8 Or1. • New Reader Bd4ititifittatilT Ovirniti • Aluminum comp lantsilifie_iin cops, - - environmentally friendly. JeeP suMu (N/) HYL1111:1R1 winivv.BeachBlvdofCars.com Ma inStreetWest@aol.com HB -52-Item 7. - 16 EXHIBIT B HUNTINGTON BEACH AUTO DEALERS LIST OF BUSINESS IMPROVEMENT DISTRICT MEMBERS 2017/18 The ten (10) auto dealers listed below have a monthly assessment of $940.00 HB Chrysler Dodge Jeep Ram Rick Evans/Pete Shaver 16701 Beach Blvd 714-841-3999 www.hbchryslerjeep.com Huntington Beach Hyundai Jared Hardin 16751 Beach Blvd 888-436-3920 www.huntingtonbeachhyundai.corn Norm Reeves Honda Superstore Paul Conant/Carlton Fitzgerald 19131 Beach Blvd 714-842-5431 www.normreeveshb.com Huntington Beach Mazda John Patterson/Jerry Hicks 16800 Beach Blvd 714-848-7739 www.ocmazda.com Surf City Nissan of Huntington Beach Larry Smith/Fred Angiuli 17331 Beach Blvd 714-500-6000 www.surfcitynissan.com **NEW as of 8/8/17** Huntington Beach Hyundai Mehraban Khajehnouri 16751 Beach Blvd 714-594-1000 www.huntingtonbeachhyundai.com Delillo Chevrolet Dave Delillo/Bill Demarest 18211 Beach Blvd 714-847-6087 www.delillo.com Huntington Beach Surf City Ford Oscar Bakhtiari/Omar Ziaolhagh 18255 Beach Blvd 7 14-842-661 1 www. huntingtonbeachford.com McKenna VW of Huntington Beach Danny McKenna/T. Nguyen 18711 Beach Blvd 866-925-0602 wvvw.mckennavolkswagen.com Toyota of Huntington Beach Bob Miller 18881 Beach Blvd 714-847-8555 www.toyotaofhb.corn Car Pros Kia of Huntington Beach Ken Phillips/Juan Alacon 18835 Beach Blvd 714-274-6176 www.orangecountykia.com HB -53-Item 7. - 17 Dept. ID ED 17-12 Page 1 of 4 Meeting Date: 8/21/2017 Statement of Issue: In September 2014, the City Council approved Ordinance No. 3661, establishing the Huntington Beach Downtown Business Improvement District as a method of marketing the downtown area. The State of California Parking and Business Improvement law of 1989 requires an annual report be filed for each fiscal year, a Resolution of Intention be adopted to levy an assessment for the next fiscal year, and a public hearing date be set. Financial Impact: Revenues and expenses are included in the City’s 2017-2018 Huntington Beach Downtown Business Improvement District Budget (Fund 710). Recommended Action: A) Adopt Resolution No. 2017-29, "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2017-2018 Within the Huntington Beach Downtown Business Improvement District," including Exhibit A - Huntington Beach Downtown Business Improvement District 2016-2017 Annual Report, Exhibit B - Assessment Schedule, Boundary Map and List of Businesses to be Assessed, and Exhibit C - Types of Improvements and Activities to be funded by the levy of assessments on businesses within the Business Improvement Area; and, B) Direct the City Clerk to schedule a public hearing to be held on September 18, 2017, and send copies of the Resolution of Intention, including the BID Boundary Map and assessment formula to each business to be assessed, and publish same in a newspaper of general circulation. Alternative Action(s): Do not approve the Annual Report and Fiscal Year 2017-2018 Budget and deny the Resolution. Analysis: In September 2004, the City Council approved Resolution No. 3661, establishing the Huntington Beach Downtown Business Improvement District (DTBID) to fund promotional activities benefitting all businesses within the district area. In addition, pursuant to State law, the City Council appointed an Advisory Board for the District. The purpose of the BID Advisory Board is to make CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve Annual Report and Fiscal Year 2017-2018 Huntington Beach Downtown Business Improvement District Budget and Adopt Resolution No. 2017-29 declaring the City’s intention to levy an annual assessment for Fiscal Year 2017-2018 within the Huntington Beach Downtown Business Improvement District, and schedule a public hearing for September 18, 2017 HB -54-Item 8. - 1 Dept. ID ED 17-12 Page 2 of 4 Meeting Date: 8/21/2017 recommendations to the City Council regarding the expenditures of revenues derived from the assessments, on the classifications of businesses, and on the method of levying the assessments. The Advisory Board recommendations are then considered by the City Council at a noticed public meeting and approved or modified as determined by the City Council. In February 2008, the City Council adopted Ordinance No. 3797, which amended Ordinance No. 3661 to change the manner in which the District’s Advisory Board was selected. Following adoption of Ordinance No. 3797, the City Council approved Resolution No. 2008-04, which appointed a non-profit corporation known as the Huntington Beach Downtown Business Improvement District (the “Non-Profit Corporation”) to act as the Advisory Board for the District. The Non-Profit Corporation has continued to act as the Advisory Board for the District since the adoption of the Resolution. At their Study Session of April 3, 2017, the City Council recommended that the DTBID retain the services of an outside, industry-specific consultant to review and evaluate the DTBID’s operations and structure, and provide recommendations to improve the functionality and professionalism the organization to the benefit of its members. The DTBID subsequently contracted with the International Downtown Association (IDA) to review the DTBID. The IDA is an association of place making and experienced City professionals who bring their expertise and successful experience to provide tools, intelligence, and strategies for creating healthy and dynamic centers that anchor the well-being of towns, cities, and regions of the world. An IDA panel of professionals from various areas within the US visited Huntington Beach from June 19-21. The panel spent significant time in the Downtown area, interviewed over 55 stakeholders, and produced a report in July containing their observations and recommendations. A representative of IDA is scheduled to make a presentation of their findings to City Council at the August 21 meeting. Changes to the DTBID budget, organizational structure or employee compensation will be brought back to the City Council in the future. During Fiscal Year 2016-2017, the DTBID promoted and enhanced the overall appeal of the Downtown through its programs and services, including: continued participation in the Downtown Ambassador Program; continuing and new events such as Art in the Park, Sandcastles on Main, and the He’e Nalu Aloha Pier Festival; holiday decorations; and marketing programs to help support the needs of businesses and drive locals and visitors to shop at downtown merchants. In addition, the DTBID manages the downtown maintenance operations with funds administered through the City of Huntington Beach Public Works Department, and, as the Non-Profit Corporation, the Surf City Nights event with funds generated from event vendor and sponsor fees. The City Council is asked to approve the 2016-2017 Annual Report and 2017-2018 Fiscal Year Budget for the DTBID adopt a Resolution declaring the City’s intent to levy an annual assessment for Fiscal Year 2017-2018, and schedule a duly noticed public hearing for September 18, 2017. Funding recommendations to the City Council are made by a ten (10) member (nine voting members, one non-voting member) Advisory Board, which is elected annually by assessed members. State law requires that DTBID activities benefit businesses located and operating in the assessment area. Downtown businesses are assessed based on their size, location and business type. Assessments range from $30 to $1200 per annum. There are no proposed changes to the boundary map or assessment formula from the previous year. The two main differences, however, are the addition of additional revenues and expenditures to the operating budget, as well as the new reserve policy established by the DTBID In January 2017, the Board of Directors approved a Reserves Operating Policy, establishing guidelines for how the board can best use these resources for the benefit of business improvement downtown. As of June 30, 2017, there is $240,000 in reserves. HB -55-Item 8. - 2 Dept. ID ED 17-12 Page 3 of 4 Meeting Date: 8/21/2017 The DTBID’s total operational budget now includes the operations and revenues of Surf City Nights, which previously operated under its own budget. The total budget for 2017-2018 is summarized within the Annual Report with an additional line-item attachment (both as Exhibit A). The summary is as follows: INCOME 2017-2018 BUDGET City of HB – Maintenance $154,000 Surf City Nights $308,000 BID Assessments $134,460 Other Events $ 79,000 TOTAL INCOME $675,460 EXPENSES Malco Maintenance $148,000 Surf City Nights $132,000 Events / Holiday Décor $111,600 Marketing $ 97,200 Wages / Payroll $ 93,200 Ambassador $ 48,000 Office / Admin $ 34,640 TOTAL EXPENSES $664,640 TOTAL VARIANCE $ 10,820 The DTBID’s projected 2017-2018 year-end balance of $10,820, is anticipated to be added to the reserves available to the DTBID at the end of the year. In addition to continuing with their annual events, Surf City Nights and participation in the Ambassador Program, the DTBID plans to pursue projects and activities that support the priorities developed by the Board in 2016-2017. These priorities are 1) public safety/vagrancy; 2) parking & restrooms – accessibility and cleanliness; and 3) beautification. The DTBID also expects to develop a meaningful vision for the future based on the results of the IDA study, while collaborating even more closely with the City to make a positive difference in the Downtown destination. As required by State law, a protest hearing must be held to provide the opportunity for an affected business to voice their protests or submit protests in writing. The Resolution of Intention sets this public protest hearing for September 18, 2017. At that time, the City Council will tally the percentage of assessments protested and will hear additional public comments on the renewal of the DTBID. If the protests total less than 50% of the amount of money to be collected, the City Council can approve the renewal of the DTBID. The City Council also has the option of reducing assessments or modifying the boundary area if public comments prompt adjustments. If written protests are received from affected business owners of 50% or more of assessments, no further proceedings to continue the Business Improvement District can be considered for a period of one (1) year. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Resolution No. 2017-29, "A Resolution of the City Council of the City of Huntington Beach Declaring the City's Intention to Levy an Annual Assessment for Fiscal Year 2017-2018 HB -56-Item 8. - 3 Dept. ID ED 17-12 Page 4 of 4 Meeting Date: 8/21/2017 Within the Huntington Beach Downtown Business Improvement District," including Exhibit A - Huntington Beach Downtown Business Improvement District 2016-2017 Annual Report, Exhibit B - Assessment Schedule, Boundary Map and List of Businesses to be Assessed, and Exhibit C - Types of Improvements and Activities to be funded by the levy of assessments on businesses within the Business Improvement Area HB -57-Item 8. - 4 RESOLUTION NO. 2017-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY' S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2017-2018 WITHIN THE HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WHEREAS, the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code §36500 et seq.) found that cities are authorized to levy assessments on businesses in order to promote economic revitalization and tourism, create jobs, attract new businesses and prevent erosion of business districts; and The California Legislature found that cities are authorized to levy assessments on businesses which benefit from those improvements and activities; and A sizeable majority of the downtown businesses within the City of Huntington Beach requested that the City Council commence proceedings under the Parking and Business Improvement Area Law of 1989 to establish a downtown business benefit area within the City of Huntington Beach and to levy a special assessment to promote tourism and tourist related events; and The City Council formed a business improvement area, known as the Huntington Beach Downtown Business Improvement District (the "District"), by the passage of Ordinance No. 3661 on September 7, 2004. The City is proposing to levy an assessment for fiscal year 2017-2018 pursuant to the process detailed in Streets and Highways Code §36500, et seq.; and The District's Advisory Board has prepared and filed with the City Clerk an "Annual Report/Operating Budget 2016-2017 Fiscal Year to Date" and "Proposed Budget for Fiscal Year 2017-2018" (collectively, "Annual Report"); and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The City Council hereby approves the Annual Report filed by the Advisory Board in the City Clerk's office attached hereto as Exhibit A and incorporated herein by this reference, which includes a proposed budget for Fiscal Year 2017-2018 and a description of the improvements and activities to be provided for Fiscal Year 2017-2018. SECTION 2. To levy and collect assessments within the District area for Fiscal Year 2017-2018 as per the assessment schedule listed in Exhibit B attached hereto and incorporated herein by this reference. SECTION 3. The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses within the business improvement area are specified in Exhibit C, attached hereto and incorporated herein by this reference. Further, the improvements, if any, to be acquired for the proposed business improvement area are specified in Exhibit C. 17-5860/1603271RLS 6/12/17/DO 1 HB -58-Item 8. - 5 City Attorney nt_o col E7117 Puy Resolution No. 2017-29 SECTION 4. A public hearing shall be held before the City Council on September 18, 2017, at 6:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street, Huntington Beach, California, at which time the Council will hear all interested persons for or against levying of the assessment, and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing; but, if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. The City Council may waive any irregularity in the form or content of any written protest, and at the public hearing, may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing set forth above. If written protests are received by the owners of businesses within the District, which will pay 50% or more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. SECTION 5. The City Clerk is hereby directed to provide notice of the public hearing by causing this resolution of intention to be published once in a newspaper of general circulation at least seven days before the public hearing. SECTION 6. Further information regarding the proposed business improvement district may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California 92648; telephone (714) 536-5582; or from the Huntington Beach Downtown Business Improvement District, 315 3r d Street, Suite E, Huntington Beach, CA 92648, (714) 536-8300. SECTION 7. The City Clerk shall mail a complete copy of this resolution of intention by first-class mail to each business owner in this area within seven days after the Council's adoption of this resolution. SECTION 8. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor REVIEWED AND APPROVED: City Manager 17-5860/1603271RLS 6/12/17/DO 2 HB -59-Item 8. - 6 EXHIBIT A HB -60-Item 8. - 7 THE HUNTINGTON REACH DICIWNTOWN BUSINESS IMPROVEMENT DISTRICT EHEIDDIDI The HBDBID 15 an orgunizaliun formed in 2004 by the. City Council ot the request of businesses within the downtown area_ The purpose of ft. Business Improvement DIstriel Is to Puna and 1 promote ocilvitles 'which benelit busTnesses located ond operaHng in the Downtown Ellil#111.6.St Disirict within ihe Ciiy of Huntingion Beach. On September 7. 2C04. the City Council approved Ordinance No.366 I to estobli5H ihe Huntington Beach Downtown Business Improvement District (BIM as a method of marketing the dovi.entown businemes. The boundaries of the Downtown Business District aria the beneFt zones %within Ole Downtown Business Dislrict are generally Located within the downlown area of the City of HU ntington Beach and are 1de-rift:lied vet h greater specificity on ou r Members hip map.. found on page 20_ The businesses .4vil.hin the boundaries are assessed a BID due Limed on their size. locafon ond business type.. The HBDBID Directors Cue sec-led by on election process by lhe businesse5 that are •thin the Downtown Business District boundaries.. The Directors act as an Advisory . Board that shall make recommendations to the City Council on the expenditures of revenues derived from the as-sessments_ The Advis-ory Coard i5 nricide up 40 1:?wiri.55 Iedr wIi ' vh.ion to FlimficifInien onci Improve the experie nce of the downtuyvn business distrt within the City of Huntington Beach_ Working collectively with their members_ local residents, Visit Huntington Beach, and the City of Huntington Beach.. the BID is dedicated lo enhancing the overall Downlown BIri Iniprovernend Kan for 1-luhtinglon Bench. 1113DBID 2016-21317 ANNUAL REPORT HB -61-Item 8. - 8 161:1 I I 1 MISSON STATEMENT The HuntIngton Beach Downtown Business Improvement District is an organIzation, comprised of the businesses located In the downtown area, united in purpose and dedicated to the improve:nen' of the economic business environment of Downtown Huntington Beach related to marketing, safety, maintenance,. tourism., parking, and specIal events. 2016-2017 BOARD OF DIRECTORS iFiscal 'Year Ociober 41,2016-September 20, 2017) PRESIDENT: Slieve crie Owner. Rocky IVIOUntain Chocolate Factory. VICE PRESIDENT; Dick IlhOrpe O wn er. Pri5tine MOtor Sport5 TREASURER: Brett Barnes Managing PI:Hiner, Duke's Hunlington Beach SECRETARY; Mon Peterson Managing Paring'', Legend's Surf City DIRECTORS Lob Soren Owner. H B Really rffi SriFfilot Controller. HS.S. COtey O vither. Bornburge• (Skriting 2007) Erin Henry Director of ROOMS, Hyott Regency rOct ?.6-Moy 20P) Su.sie Smith Owner. Makin' Waves Salon (BegIfI fl 'rig ..A .r_wh) 2.90 Scoft Sink esOee General Manager,. Pasco Hotel f•rr F6.-Mor 200 /1 Nicole Thompson General Manager. First Bank STAFF SURF CITY NIGFTTS MANAGER.: ADMIN ASSISTANT BID MANAGER: Svri Wearrnsier Mary Ani? Sen:ke O HBDBID 2016-2017 ANNUAL REPORT rc r Henderson HB -62-Item 8. - 9 111M111•110111 2016-2017 Steady growlh of new businesses and destination enhancemenis continued this year. Pacific Cily Is filled to nearly 100 percent occupancy, featuring over 60 exciling shopping, dining. and service businesses. Paseo Hotel a. Spa celebroles It s one year anniversary. hosiling many comrriunily special events. Also tills year. Dampier! Shorebreak !Haler owners Invested In room CI nd ouliel renovations. Including a beautiful new ocean front restaurant. Pacific Hideaway. In May, 21)17, the Strand was rebrancied with a new name 5th & PCH. Fresh cool colors enhanced 1he buildings while exciting new lenarris such 09 Pizza Press. HOGastropub. LF Outlet and Join rnoyed in. On the second block of 5th Street. Cruiser's P1220 Bar and Grill opened and along main Street seyeral new businesses opened after irripresslye remodeling including Salt Life and Sandy's Beach Shack. With a few cons1ruclion oroJecis currently underway. the area 15 well-posilioned to welcome the 1housands of loco h. and yisitors who love coming downtown.. New City Event The October 2C1 16. HB Breilling Air Show was huge success. With 1hree d yS of thrills and chills, the Air Show e5tablishecil %elf as a fayeeite day for tens of thousands of visliors to H. We are working wi1h the event organizer's arid downtown businesses to bes1 plan on welcoming v1511or5 back to the second annual event. Sep teryibner 30-October 02. 2017. City improvements: in addition to improverneni's to the parking structure in 2016-2017, the Cil'y of Huntington Beach completed a rnuch-appfec 'rated paving' prolec1 on Main Stree1 frorn PCH to Adams. ..... ....____ Beautification Project The Id BD BI D equipped over ?0 theet larnps in 1he doventowin district,. connec1ing 1he six block5 of main Sireet with a d:racen t and dis5ec1ing stree1s, and helping direct Viill'OrS to all the businesses in downtown. The first sei of banners were displayed in adyance of our city 4th of July celebration. Coming soon, before 2017 your I I k • Over 5015 upscale apartments opening ciaiac.eni lo IDOCIfIC City • Second tower at waterfront Beach Resorl will ooen 152 luxury suites.. The 140-million eApanslon includes a new upscale sp-a„ additional oceanfront meeting and bang Lie t tooce and recreation amenities, such as a new pool wiih slides ono roof-lop resod . lounge. • Wayfinding projecis led by VI911 he. in porinership with the Cliy I-IBDEIID 2016..2017 ANNUAL REPORT HB -63-Item 8. - 10 BID SIGNATURE EVENTS OVERVIEW A key component of the value of the 1-11BDDID Is Ihe success we have producing signoture evenls for our community, specifIcolly: Surf City Nights- even, Tuesday, .5-9IDM, all year-round Scavenger Hunt - all month brig in January Sweet City - movina from October to Fetrucry Sandcastles on Main- new even1- now annually in April Chili at the Beach-annually in June Ad' in the Park - annually in August Surf City Days.- annually in Sep1ember He'e Nalu Aloha Pier Festival - new event now annually in October HalloweenFest - annually in ()doter Tree Lighting • Miracle on Main Street - annually in November./ December HBDBID -s success with Surf City Nights makes it possible to bring other special events to downtown throughout the year Each of these signature events is designed to bring Jocals and visitors to our downtown destination. For our residents, we believe these events provide an important sense of community pride - special events that add value to our city and positively impact the quality of lite for those who live here_ For our hotel guests and other visitors, we believe these special events add to the aliraction and uniqueness of our destination - creating memorable ex,periences for everyone. 11BDINID 2016-2017 ANNUAL REFORT HB -64-Item 8. - 11 SURF CITY NIGHTS ALL YEAR ROUND The Tuesday night weekty Streed Fair and Certified Farmers Market is ii thriving, popular event Fel, beak.. visitafs„ and halo! guests. Surf Cily Nights is ovetwhelrningly ono ol !he best-loved sIgnolure events HE1 Downtown_ HIghlighls troth Surf City Nights:: • Suri City's &cif Talent -3rd Annual event in Jan/Feb + Easter Bunny - Free Photo Op ps .1 Free kids' gifls + Public Works Open House - Annual event in May + Princess Parl -y - Annual even1 in June & Dec + Pumpkin Decorah-lig Canter' - Fun for Locals! • Santa CICILPE - Free Pholo Opportunilies in Dec + Surl City' I Best- Mark.etwarks videos promoting the event Surf Cily Nights eahlinues to provide a number of booth spaces every week for the benefll of Ctfy services orid local nori-prof11 cIiürIty groups all year round. Surf City .Nionts provides revenue necessary For the 1-1BOBID to do more far business improvement and also gives the residents a place to gather and experience something special in their hometown while providing visitors to Huntington Beach the opportunity to experience our Surf City' USA like a k:cal. In addition to becoming one of our best-loved attractions in Huntington Beach.. Surf Cffy .N.Ights c rre rihy provide3 over $120.000 tnnuuLly fo the operating budget for The .1-f 8 Downtown 8 us?ness Improvement District. FIBOBID 2016-2017 ANNUAL REFORT HB -65-Item 8. - 12 SCAVENGER HUNT JANUARY — 3RD ANNUAL LIT 1. .11. II un .] ir-Icksi nxs 4%. Yee pul the -HUNT" ii Hunting2en Beach] Continuin g a popular activil y for our third y ear, locals spent the month of Januar-y visitin g two dozen difierent downtown businesses ond collectin g clues for the chance to win g reat prizes_ Twent y -two businesses participated at no cost other than the donation of $100 in g ift cords, providin g over $2000 in prizes to tile winners_ This y ear we saw a 20% increase of corrplelecl forms turns in, for a total of 82 winnecs receivin g at lead one peas. This VOCE espeepolt y impres- sive since we had hod so man y rain y weekends in Januar y! We received positfve feedback from both "g ame pla y ers" and businesses who parridpoteal. Moe vtors report that fr takes J-wo-Three trips to downtown ro complete rhe form.. buiidfn g opportunit y for more business for ever y one in January. SANDCASTLES ON MAIN APRIL— 1ST ANNUAL - NEW IN 20171 April 15111 was an exceplionally fun cloy In HIB Downtown. os the I-I 8DBID pre-sented the frst annual Sandcastles on Main event, ill parinershlp with Kosovo bongo Vei rl Klan Vintage Bus Show thal was happening at Pier Plaza. le-arm from local busines3es.. lornilles.. and random new friends cern@ together to play in free Ion* on sand delivered to Main Steel. Special' rhernks-o Jocol tcsidorpr and businitsz 4:3wnets. Miwk & Mircherie Africorto a "D I Serridcatfiles" "or expeJlite maildha fftrt ornoz.iry sticoetsful &sr him/. *yeah' 2 01 6-2 01 7 AN NUAL EFORT HB -66-Item 8. - 13 CHILI AT THE BEACH JUNE - 10TH ANNUAL -ALL= The 1CIth Annual Chili at ihe Beach was held on Saturday, June 17. 2017. This event is has become a family favorite. celebrating Dads a day early_ Feakming 28 Chili & Salsa tastes. B differen, b-ands cria a street full of unique vendors. carnival gcrnes and bounce houses. if was -0 day full with grearl energy and good limes_ 5th 2.. PCH featured additional programming with skateboard and to ekawando dernonsirations. and kid's Father's Day crafts_ New this year: Kicking ofi Chili crit the Beach, we nomi n abed Phe -1:luke - and the 'Duchess" al !Downtown winners. In May E.. June we ran a campaign throuah our websIte, invitina our communit y. to nominate morns and dads for these special recognitions and prizes collected from over 3 dozen of our businesses_ Chiii at the Beach foises money for the Boys and Giris Clubs of .hluntin Won Valiley. We &so in vile our toe& co-roc gad fo participate with their Gift Bag furia'raiser attend at no cost. and fhis year— were excited to inoft.rde The FEB Kiw anis Club 03 our hot dog yendoi, s o i'ney could 00ise funds for off the good work they do in our community. ART IN THE PARK AUGUST - 2ND ANNUAL Our FrstannualArth the Park happened in August 2016 at Triangle Part and the HB Art Center. With over SO File ArI& 0.01 exhi3d4xs. this event was a tremendous 3uccess. The idea for this. Art Festival crew from a commiitee of volunteers who had wonl. ed tirelessly over the years on our previous Art Walk events. While past monihly Art Walks had been enjoyed by many. this new event succeeded in its goal to showcase lhe best caliber local artists to an even kpraer, more targeted audience. The .1-011LEJD crgcrin partnering with the HE Art Cenfer fo presenii a second anntrat Art ni the Park for August 26.. 20] 7 with gocrls to increase bolin artist aria %risky aftendcrnce, as weti 03 participation from more cif our HB Clowniown restaurants_ HEDEID 2016-2017 ANNUAL It EFORT HB -67-Item 8. - 14 4W. SURF CITY DAYS SEPTEMBER 17 118, 2016 HIGHLIGHTS . • 111(1119411fitiEliC r Kl!.11.4.1 - Surf Ctly Days is an event designed lor locals to "fake their beach back.- With a locals-only surfing confect, CEIVA Volleyball tournament, Dory Boat Races, HSS/Surfline Demo Days, HE Culture- Old Skim! Rate Session, Surffn' Sundays concert, the weekend movided nonstop action to entertain thousands of spectators. One of the Ifighlights was the 2nd Annual Kawabung a Van Klan Pfintage VW buses car show that raised $161X1 for the Coast to Coast Foundation., in addition to several hundred dollars far the H B Inferno lion a I Surfing Museum_ A second, very cool highlight, was working with Visit HE and the City of HE honor several of our local Surnmer Games Olympians. We 13 re currently in the planning process for our 2016 Surf City Days, happening on September P61 77, 2077_ HE'E NALU ALOHA PIER FESTIVAL OCTOBER 13 & 14.. 2016 This was another amazing IlIrsi-Iirne event for the NettEl D. Celebrating the spirit oriel culture of the South Pacific. P'r Plaza was the perfect setting For a day arid eyenIng fu ll of lop-notch island en tertalnirrienl. provided authentic Nander product, while rroSiClons and dancers filled khe show roobile stage all day. This Prowtci thuplic evcrpt provided an Lrrtra-ClUCIlion 110 Ilhe k.c ijJ iboi.st ihe Fichkaiian aulfldrc and ntF1QIoc1thausanas ihroughourt fh.c. clgy. 144 er.r. ausrrentiy Me planning prOCips-S for our 20; 7 H•* Natl., Moho Not Fetsiqyal. happening Riately orid Sakorday. Ockbor J4 & FS. 11131DBID 2016-2017 ANNUAL REPORT HB -68-Item 8. - 15 &W. -- I I iiiP r. 1 Ti id II II I :1:1CCIT12101,1'10 Miracle am n St 11. l? III I.t 4.1114 . tip I Halloween FeFt and Miracle on M ain Tree Lighting repre5entiViia Of Ole biaae51 evenf5. the bu5ine5 pre3eni which are one-hundred percent abouril "giving lancki0 our community." HALLOWEENFEST 2016 Even on a Monday night, the downtown aeslinalion ol Mail Street and Sth A. PC H was jam-packed with trick -or-treaterst The Kids Z. Canine Contest on Sth & PCH provided the perfect setting for hundreds of participants and speciaiofs. Free atfraciions such as inflaiables. b-ounce houses. slides. =nes. petling zoo and pony rides on Main Sireet added to the family furl memories_ Families uisil with Police, Fire & Marine Safely along wtth our Parks & Recreali on staff Croft's 'fable. Thel-181DAID spends over 5; 1,001 0. unmanly fo make Main Sfreef o safe -and memorable familly-fun Piatloween destination for ow locial communfiy. MIRACLE ON MAIN TREE LIGHTING AND MONTH-LONG SANTA VISITS For lhe fist time in the history of our HB Downtown Tree Lighling, we had to postpone Santors arrival by a week in November 2D16, because "50 nto likes reindeer. not R.AI N.. d ea rr While Tubas played Christrrros music. under lhe awning. ihe All-A rrerican Boys Chorus packed away lhe sound equipmen1 and returned in full splendor lhe following weekend. So, the annual free lighting happened on November 26.th inslea-d of the 1.9th , with a full schedule or enterioinrnent and free refreshments for thousands of visitors_ Santa Cfous, along with Mayor Katapadis and Miss kiuntfngton Beach led :the suacessfuf a ourpfdawrp for our much-loved tree Pghting. The musical free entertained visitors through the rnorpth of December,. with 5 weekends of vlsits from Santa. HBDBID 2.016-201 7 ANNUAL REPORT HB -69-Item 8. - 16 DESTINATION MARKETING & ADVERTISING When rnarkefing H Downtown, we concentrate our elforts in Ihree are: 1. Locals - mostOpe couples of all ages. families. friends' groups 2.. Hotel guests 3.. Leisure visitors to Orange County Marketing' through Events I PrornotIons • National Dessert Day - scratc her cards. from participating businesses [October) • Small Bu5iness Saturday scratcher cards INoviDec) • Love in the HE!. - February • Duchess of Downtown - Why My Mom Deserves a Day Downtown - coordinated with 5th & PC H Grand Re-Opening 1lveziy .1 • Duke of Downtown - 'Why My Dad is 50 "Chill" -Recognized at Chili at the Beach [June) • July 4th Parade Ryer • Free Gift at Kiosk = Summer Shuttle Promotion • "Enter to Win'. Free Beach Parking Pass Website Pron -olion MarketIng trough Traditional and Non.Tradilional Media • FacebcokfTWfter/Insta gram = regular posts & ikes, sharing member posl's • Facebcc.k Contest = Enter to Win Air Show Photo Contest example • Advertising events in local Papers: HE. Independent, The Wave,. The Local News • Advertising in winter for OC Tourists; OC Where Magazine • Free Advertising on the 405 Electronic Reader Board and 1-113TY3 Markeiing In person, thought lc onirn nihy CI utrecic h: • Taste of HB • HE Chamber of Commerce events • Charitable Donations; Golf Tournament Tee Sponsors & .1.25 Gift Vouc her HB Downtown Businesses. H BDS ID 7014••2017 ANNUAL REPORT HB -70-Item 8. - 17 SAMPLES OF PRINT Et DIGITAL ADVERTISING misplom lierellAub DEMME, AhreiglIM graihelag•WITE 111.14, .•I1T 11111eil n••••11 CGST.UM ECONTEST PJLISAS11.14C.1*ILII511111 COME IINCNIVII [IMRE LEIRTEST Iifi:PN grthE MAW. Coq Frat f-r ONO OCTOBER 31ST h r %MI* 711161142152 , slad 1 P.1n• • minas. % 4 4 tr•nPiliV • 6....S21“1. H9DDIYNTOIMII_C -011.&1610.E- r PI II I I Pi IN LIR TIMID! 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AA ormA %Amu ANA • Po LAW 5111113 MT I I IP ii:1.1•1111n1V.411101EINE ir-111:11 !I BDS ID 21316 - 2017 ANNUAL REPORT HB -72-Item 8. - 19 Sure Nigh ts BUSINESS MARKETING & ADVERTISING Whiie the 1 -DBID office Focuses on increasing visitation to the downtown businesses, we also offer BID Members FREE advertising opportunities for !heir businesses. This is one way we provide signc ant value to OtiF BID Members. FIlhe Videos While the HBDBID office fcc uses on increcing visltation io the downtown businesses. we also offer BID Members FREE advertising opportunThes for their individual business_ We post this Spotlight Video on our website, and the business owner also owns the video for their own .......ebsites and sOCia I media effort I In the first 1.5 months., we have pcooluced over 60 •idecx for our downtown businesses. Each month, the mosf recent filvc- videos are included in our .E.Nowsietlerond shore MI1 111700 sales (concierge teams so they aro funfilior wtth our unfque businesses in downtown. Monthly E-Newsletters a Over 6600 subscriber's a Announces ne•v businesses. special events a Inc ludes FREE adverlisements from downtown businesses BrOChkire. DIstribuillon The Info Moth during Surf City Nights and other signature events is a great place for businesses to disp 'y brochures and materials. Always looktng for ways Iv be relevant and ''user-intendly, r' we ore working 1:Pehind The scenes Po launch a fresh new website i:Pefore year-end, 1111DBID 2016-2017 ANNUAL REPORT HB -73-Item 8. - 20 e)!! CJI Nrc COM7 COLIEVE EltERY 15 (!) WW1 ill; I 'A Outreach to our business members is an ongoing activTly.. Wilh regular ernails uncl door to door comrnuniculions, Vi4 stay Iniartned abatit 00r businesses' ite-eds and oncerns_TIirciJhoLJI 'he year ode schedule Stakeholder Meetings lor our members to meet each other and dddress specific topics, suc h s. puIDIEe salt.ty_ In addition to connecting with our bui5iness members, ii s the goal of 1h he HBDBID Board and BID 'Manager pariner wilh other government. business and community . gra up5.. Some ex.amples of /hot c.cli•ity include; • Cy of FIB - attending meetings such as; Weekly Specific Events.. Monthly Downtown Economic Developmerd Committee.. Oualierly All BID" meetings.. Plc:inning Commission and City Council meetings cis appropriate € Visit 1-1113 - Atiending annual and adhaa rneeling5; partnering an the Ambassador Program, sharing data and resources. • 11-18 Chamber of Commerce -o'll'encling breakfas'l and lunch meetings. Economic Conference, Gab. Bu5iness Expo. and Golf Town-lament • Community Involvement examples include: HP, Inr1 Surfing 'museum events. Tole HB / Children's library. Every 15 Minutes - Assembfy & Golf Tournament. Orange Ccosi Community College S. local HS suppcel • A NEW WORLD RECORD! - The HBDEIID was proud lo priner wil'h the HB International Surfing Museum as a $5000 sponsor for their June 20th "Circle cif Honor" paddle Qui world record at1emp1. With 511 surfers joining hands al sea, and a couple of our board members Qui' there vvilh them. we are excited for l'he positive attention and sense of pFicle l'his brings10 our communihy, The MOUND partners wilt, the City of Ha on many differerd Imp-ortanfly, the BM sf.Ppports The Community Services Deportment wiffi a 5 110,000 annual commitment to advertising in the SANDS magazine_ WO tihe SANDS being delivered to over 30,.000 households. this is a marketing fool for shoring ow special events wilt ffi resio"ents. HaDOID 2016-2017 ANNUAL REPORT HB -74-Item 8. - 21 The HELDRIE) and City of HIM thrigforP Becihi work together throogh CP M 061 currently Cp orizing 5 I 54,000 n rwahry for siciewcitk maintenanceNi HIR Downtown - Day priers maintain cleanliness in most downtown areas except for buildings Thal provide their own cleaning service. Porters ore responsible for litter, irash removal,. spot mopping of side -walks, minor grafOi removgl, &sling 5hUrefront 1115 and gum removal, Power Washing The power vg-a5hing program includes deam cleaning of sidewalks on Main &keel twice a week in peuk periods and once a week hi off-peak pen'ods. Maintenance service includes monthly steam cleaning of 5idewalk5 on 51h .'Ireef in addition to inreo5eul serice during peak summer months and 5peciul events, ,Alley5 are steam cleaned 51.K time5 CI year. Coordination with Public Wo4ks The BID Manager interfaces with the Cily Public Works Department to ensure d sore environment regarding tree trimming. 5idewalk replacement and report of mojdr graffili c leon-up. This maintenance partnership vyi'l h th-e City r5 credited for providing a cleaner. more beautiful downtown dis'Irict. In bte Spring 2016 the 1-IBDBID contracted Ma Ica to steam clean the giytters in the 5arne areas covered by Me weekJy sidewalk cleaniny,. further improving the cleanliness factor in MI Downtown. H EIDEID 2016-2017 ANNUAL REPORT HB -75-Item 8. - 22 Mier !he success of OM pflot Ambassador program in the summer 01 .2E1114, the HBDBID parinerod with Visll HB io make the Visitor Arnb-assador Specialist program a permanent ass& In F -113 Downtown. This program is designed to have a designa highly visible persons] to e-ngage the public to provide infcfmation, directions or a friendly greeting_ The Surf City ArniDassadors are responsible for dealing with quality of life and reporting issues to ensure that any public safety concerns are addressed_ The 2D1.6 summer trial program providing weekend nighttime AmbaSSOCiOrS ws i great success, In fact, in conversations with Visit HI3 and our 1-IBPID.. •yve initiated the program even earlier this year, starting in March These weekend Ambassadors are hired through a private licensed security service, providing support lo both late-night establishments and our police staff_ The HBDE41:1 board believes that having adclilional eyes aria oars on ihe street beneffis visitors.. residents, arid businesses alike.. it Is important to our businesses and to rho police department That our visiltors enjoy a sense of safety and security when they vilstt downtow.n.. Itro .FriSalirlD has established a strong partnership with law enforcement and continues to advocate for appropdato pace- co vc-rogie for dOW.1140W.17, HBDBID 2016-2017 ANNUAL REFORT HB -76-Item 8. - 23 IT IS CONVENIENT TO PARK IN HB DOWNTOWN • l• IS CDIWItlitHr 1D 31.1:1K MIHICOWNTa51114 Thai HBDS/D nders ta nth s that parking accessibifity„ and overaJI cleaniiness or both the perking lof and restroorn facilities is a key component of the visitor experience to H'S Downtown_ Businestes in downtown are emciled to see structural improvements mode lo the Mu in Promenode Public Parking Slruclurelii addilion lo olher importahl improvernenh 5-Lic h o Iresh point. beller lighling and irnprovemeolt in the daily cit.-lining se he-chile_ Cily staff has advised that there be an iner.e.cis.e in restr(yJm ma inienaric e. and that bv ihe end of 2017, the parking (31c g e resiroorns will be redesigned. increosing the numb-i- from cve. to eigh1 public restroorns. The. HBDBID Board appreciates these irnraovernents arid continues to peon the cil.y fa iderrlify additional solulions Far providing more, and better. resirooms for our visliors. We are etpecially excite-id or the discussions le-di by Visit HR regarding improved waylihding tight threpughool the icily.. Not Only ihis improve a visilar's obility to find our p-arking 102, bui such signage will provide on overall heifer.. more welcoming, exper;ence lair visitors. la HR Downtown_ The waylind'i hg signs will be a big help lo halve the perception of availobiltly of convenient parking in downtown.. This year. the city chose not to ...vat* with us on offering 2-Hour free barking during December and Valentines,. but we hope to revisit this parinersinip in the future,. as we believe ihis promotion bfings more people to our destination aria improves their perception cif availability and accessibility of parking_ (D. 110.C411, 2016.•2017 ANNUAL REPORT HB -77-Item 8. - 24 Businesses in the downtown core 'understand thal their success h directly relaiecl to the HlOCCII" audience and the occupancy of key luxury hotels. The FIB BID spends a signiffcant amount of time and money producing events and experiences designed to create a sense of pride for our locals_ Events suc h cis Chill cit the Beac h, Surf City Days, Halloween Fest & IVOrac le on Main Street are excellent examples of giving back to our community. In addition., we are most fortunate to the main attraction tor four upscale hotelsiresorts within NArcilking distance. ▪ Combined total of over 1200 luxury guestrooms ▪ Over 75% occupancy results in year-round visitation to our destination ▪ With an average daily rate of $211oD, our hotel properties bring us guests with spending dollars for our retail Cind restaurant bu sinesses_ ▪ The 1-11].DBID board benefits from hotel leadership or OUF board of directors_ AccordIrtg le visitor spending In Httrillrigton Beach Is $512,501_11,00{lannuolly, averaging S1,41:111.11,01/3 ii day or S59,303 an howl The il-IBDRID is committed ro workffig with and supporting The besl efforts of Visit NB to motet C2.1101 soli Huntington Becnich 's Surf City USA brand expedenc e as the preferred quirthessenNai California beach deshincition. I-ICIDBIO 2016.2017 ANNUAL REPORT HB -78-Item 8. - 25 .f-turillngton Beach Downtown businesses .benefil from the efforts of a strong Mid effective destinatton marketing organizatton, Visit Huntington Beach. Our downtown district )3 rho perfect setttng for OM HEls brand pasillfonling. stent Huntinglon Beach: forever summer, flawless weather, non •stop waves, perfect for surfing or Jost watching, surrounded by an active community of life enthusiasts. Luxurious? Absolutely, yet were proud of our unhurried, laid back. and welcoming c ulture. For ihose seeking the quintessential Ca ffomia experience, we invite you to the hub and soul of SoCa I —Surf City USA. Visit 11B employs a ioani of professionals who drive business lo our hotels cincl downtown destination. Some of the many ways the BID organization and 'individual businesses partner with VHB ihro u gh o ut !he year include:: ▪ Co-funding bolh lhe day and nighitime Arrbamadar Program • Providing the Inrcf motion Kbsks wiih our latesi brochures •Disiribule the V isHor Guide at the BID Info table during Surf Cily Nighls and oiher events. •A Mending Pariner Info Meetings • A tlending China-Ready Meelings • Adverlising in the FREE Shutiles • Partnering in lhe Beach Clean Up Days The downtown drstrIct works cioseiy support the efforts of VIM/ 118 as they work to increase visitation to Huntington Beach bah tiontasiicaRy and Internationally. 0 HIDBID 2101d-2017 ANNUAL REPORT HB -79-Item 8. - 26 JILiIiII I111 1 • Retail 124 (3139) • r1k t Mice 417 (30%) Re#101,601Til 7a 24%) • itioakE or f ATM 24 7%) 110141$ 5 cla ol June 2017 BOUNDARIES. AND BENEFIT ZONES IONE 2 ZOKE HBDIBID 2016-2017 ANNUAL REPORT HB -80-Item 8. - 27 SID RENEWAL— ASSESSMENT STRUCTURE The Cy Council! will conduct a public hearing and cahr fo approve The Bi'D renewal. budget and assessment fees for the HunfFngton Beach Downrown Business improve District (11BDBID). Benefit Zone 1 Halal lElliiinkrebikci (Include* Naill-larithin to • . 1.00:1 • it or Iglus 35:111 1.1X11 sq . ft. .1:12.5tal sq. Fl. SOW 2,15C11 sq. It ..la il 9.9.9 ;cll.!. SSW 15,1X13 sq. ft . or more tal F!4:11tibtlhir112 1.294:1sq Mel!. 11:6a. 1,13{11igi It..1s12.$01) eq. fl. MU 2.01 isq 0.1.04109 eq. n MN) #1.200 615:10 sq . ft. or more 1-loiels 215 roars or less CM 21-1141 pixims !MI Si* mums F .. Finn'. ___9232.ri4EL4r _EU . tilli cieutlEtudi_ apiekno • -1 .1 - RHIAll 131-lalfHiFeal-A (IrChifW. NeW1-121n-Skri Salons} Rasighr.acriri SAO HMIs XI rourne..zir lin* $180 211 -SO rvarne #.160 511 room Sgal Edirolcirlgrri;EI Full Floor $120 Edalrd %Kir Or higher se° Cart'FIctEk 330 BenliVATIVI I ;A:7g TERM: No changes, the term remains at one year. bOU N DA RI ES: The sa me with no changes ASSESSMENT RATES: The same with no changes at this time_ SERVICES & PROGRAMS: Programs will continue to include marketing, special events.. advocacy and maintenance, with the addition budget line to support the A mb-assador 1113.1:011ID 2016-2017 ANNUAL REPORT HB -81-Item 8. - 28 BID BUDGET 2016-2017 2016-2017 Budget 2016-2917 2017-2018 TTD JUNE Budget INCOME CITY Or FIB - MAINTENANCE $ 154400 $ 1.07„048 $ 1S4,000 SURF CITY NIGHTS $ 295,000 $ 232.„2113 $ 308,000 BID ASSESSMENTS $ 110,400 $ 83493 5 134,460 OTHER EVENTS $ 60,000 $ 4%.57111 $ 79,000 $ 619,000 $ 466,129 5 675,460 EXPENSES MALCO MAINTENANCE $ 148,000 $ 108,929 $ 148,000 SURF MY NIGHTS 5 119500 $ 954 505 5 132,W° EVENTS / HOLJDAY DECOR $ 84,000 $ 63,144 $ 111400 MARKETING 5 89,200 $ 86,254 5 97,200 WAG ES I PAYROLL $ 93200 $ 64,694 5 93,200 AMBASSADOR 5 45 .,000 $ 37,857 5 48,000 OFFICE / AMIN $ 40-,100 $ 36365 5 34,640 5 619,000 $ 492)328 5 664,640 VARIANCE . . 5 10,820 visit www.hbdowntown to review budget details and - monthly financial stricernentk In January 201.7, the BID Board of Directors approved a Reserves Operating Policy, eytablishing guidelines for how the board can hest use these resources for the benefit of business improvement clowritown. As of June 301, 2017, there I's $240,000 in reserves. 1411D.BID 2016-2017 ANNUAL REPORT HB -82-Item 8. - 29 2016-2017 was a year of defining priorities for the 1-113 Downtown Business i-rIprovement Disirict. With input from businesses, the board defined three priorities to focus on for business improvement: • Public Safety / Vagrancy Parking & Restroarns - Accessibility /I Cleanliness • Beautification Also during this fiscal year, there Na's a city-appointed review of the organization's finances. The BID Board was pleased with the results of this close analysis, confirming all is in order. The special Finance Committee provided useful suggestions for improvements which the BID Board has been implementing accordingly. Finally, in June of this year, the BID invested in a full organization review conducted by the International Downtown Association. At the time of this report, the board is still reviewing the recommen- dations provided by the IDA. From this report, the HBDBID expects to develop a meaningful vision for the future, while collaborating even more closely with the city to make a positive difference in the downtown destination. HBDOID 2016-2017 ANNUAL REPORT HB -83-Item 8. - 30 The. Pi.13.D81',13 wishes to thank the following Committee Members Far their service and dedication. Each person's contributions are essen- tial to our united efforts to improve iltinfington Beach Downtown. ART IN THHE PARE Ktmho Athrovel,. Choir, Enlarge Medlo K. PlyIlmon, NB Alt Center Luorme Shovp.. Resident Bpdaci, 2nd Floor Fooci*ArrDrIn13 1:1ircl licnuldirscin, Budget/Finance £Lr WItringsr, BID Manage!' BUDGET. FINANCE 8 GOVERNANCE NItclii Thompson. Fird Bonk Vophanie.Willstin.. Fred's. v.Pt licirrics. Dukes Mc GrabOW$1(1, UPS Store Shnic thon14.1.. Rocky iviountoln Cho.dolate Fockary EVENT COMMITTEE Susciri WeIIriri, Chair Kevin Adilara. Enlarge t.Aeclia Mob. Kee.. Enlarge Media Bob 14.Qx3le, Mongiarno Gelato Caffe aretl Barnes, Duke Rn Mc Lauchlan, HSS IVLatt Petemon. Legends Michele Vespe, Healing Beauty SURF CITY NIGHTS Sieve Grabowski. UPS Store. Chair Sieve Daniel, Rocky Mountain Mcepr Ann Ser•ske, SCNI Manager Susie SenilI,, Makin' Waves Kevin Aslillorcl. Enlarge JvIleCila VOLUNTEERS Thonik you IQ 91.PF volunteers who devoled their flme to work for The ID dwirng le 2076-2077 year_ The Boys & Ur's Clubs of Huntington Valley Huntington Beach '<jib...anis Orange Coast College Hospitality Program Malt Liffreina °VHS P.obotics OVHS Key Club FVHS Make &Nish Club 41.D 11111)110 2016-2017 ANNUAL REPORT HB -84-Item 8. - 31 www.hbdowntown.corn 31S 3rd St, Huntington Beach., CA 92648 (71.1) 536-8300 HB -85-Item 8. - 32 EXHIBIT A 2017-2018 FINAL COMPREHENSIVE BUDGET 1 INCOME:OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YEARLY TOTALS City of HB Maintenance 15,000 11,000 11,000 9,500 8,000 13,000 15,000 13,500 15,000 15,000 15,000 13,000 154,000.00$ BID Assessments 12,720 12,360 11,700 9,540 7,020 10,560 9,660 18,240 15,780 10,500 7,560 8,820 134,460.00$ Surf City Nights 20,000 20,000 20,000 20,000 28,000 28,000 28,000 28,000 32,000 32,000 32,000 20,000 308,000.00$ Chili at the Beach 30,000 30,000.00$ Surf City Days 15,000 15,000.00$ Art in the Park 13000 13,000.00$ Aloha Pier Festival 5,000 5,000.00$ Sandcastles on Main 1000 1,000.00$ Surf City Bites (new)10000 10,000.00$ Cornhole / Other (new)5000 5,000.00$ Monthly Totals 52,720 43,360 42,700 39,040 43,020 51,560 52,660 59,740 92,780 57,500 67,560 72,820 675,460.00$ EXPENSE:OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YEARLY TOTALS Malco Maintenance 14,500 10,500 10,500 9,000 7,500 12,500 14,500 13,000 14,500 14,500 14,500 12,500 148,000.00$ SCN Rental & Set up 2500 2500 2500 2500 2500 2500 2500 2500 2500 2500 2500 2500 30,000.00$ SCN Street Cleaning 200 200 200 200 200 200 200 200 200 200 200 200 2,400.00$ SCN Street Closure 600 600 600 600 600 600 600 600 600 600 600 600 7,200.00$ SCN Parking 750 750 750 750 750 750 750 750 750 750 750 750 9,000.00$ SCN Management Fee 3000 3000 3000 3000 3000 3000 3000 3000 3000 3000 3000 3000 36,000.00$ SCN Commission 2400 2400 2400 2400 4000 4000 4000 4000 4800 4800 4800 2,400 42,400.00$ Market/Advertising 7500 7500 7500 7500 7500 7500 7500 7500 7500 7500 7500 7500 90,000.00$ Sponsorships/Donations 600 600 600 600 600 600 600 600 600 600 600 600 7,200.00$ Ambassador 4000 4000 4000 4000 4000 4000 4000 4000 4000 4000 4000 4000 48,000.00$ Office Expense 250 250 250 250 250 250 250 250 250 250 250 250 3,000.00$ Bank Charges 50 50 50 50 50 50 50 50 50 50 50 50 600.00$ Dues & Subscriptions 83.33 83.33 83.33 83.33 83.33 83.33 83.33 83.33 83.34 83.34 83.34 83.34 1,000.00$ Insurance 5200 1700 6,900.00$ Legal -$ Accounting 520 520 520 520 520 520 520 520 520 520 520 520 6,240.00$ License & Fees 150 150 150 150 150 150 150 150 150 150 150 150 1,800.00$ Meeting/Training 416.66 416.66 416.66 416.66 416.67 416.67 416.67 416.67 416.67 416.67 416.67 416.67 5,000.00$ Wages 6666.66 6666.66 6666.66 6666.66 6666.67 6666.67 6666.67 6666.67 6666.67 6666.67 6666.67 6666.67 80,000.00$ Payroll Taxes 560 560 560 560 560 560 560 560 560 560 560 560 6,720.00$ Workers Comp 520 520.00$ Payroll Expenses 80 80 80 80 80 80 80 80 80 80 80 80 960.00$ Bonus 5000 5,000.00$ Repairs/Maintenance 41.66 41.66 41.66 41.66 41.67 41.67 41.67 41.67 41.67 41.67 41.67 41.67 500.00$ Rent & Storage 910 910 910 910 910 910 910 910 910 910 910 910 10,920.00$ Telephone 165 165 165 165 165 165 165 165 165 165 165 165 1,980.00$ Contingency 1700 1,700.00$ EVENTS Chili at the Beach 15,000.00 15,000.00$ Halloween 7,600.00 7,600.00$ Art in the Park 13,000.00 13,000.00$ Surf City Days 5,000.00 5,000.00$ Miracle on Main 10,000.00 10,000.00$ Holiday Beautification 15,000.00 15,000.00 30,000.00$ HB -86-Item 8. - 33 EXHIBIT A 2017-2018 FINAL COMPREHENSIVE BUDGET 2 EXPENSE:OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP YEARLY TOTALS Aloha Pier Festival 10,000 10,000.00$ Sandcastles on Main 8000 8,000.00$ Surf City Bites 8000 8,000.00$ Cornhole / Other 5000 5,000.00$ MONTHLY TOTALS 63,543.31 51,943.31 62,143.31 40,443.31 41,063.34 45,543.34 55,543.34 46,043.34 63,343.35 65,043.35 61,343.35 68,643.35 664,640.00$ VARIANCE: INCOME VS EXPENSE 10,820.00$ Approved by the HBDBID Board of Directors on July 21, 2017 HB -87-Item 8. - 34 . ·.E...........................l ..!...................-_................ _........-.... ... _ .,,.....,.---"'"''...;..•••...,,.-,.,.., ,,,._ .......,....... v ................. .... ..-....................,.........,....., ,..,,,....,., , ,,,.............. , ......, ,,.....,... ,.w .,. ,,....,,.,"......,.,.,. ,,.,.,_...,,,.,,,,.,. ,.,.,.,.,.,...,.. .................,..,.,..,, . : n : I l )( Huntington Beach Downtown Business Improvement District :: ,I ,I Boundaries and Benefit Zones 1 & 2 J...O.........; EXHIBIT BHB -88-Item 8. - 35 EXHIBIT B Downtown Business Improvement District Proposed Assessment Formula 2017-2018 Benefit Zone 1 Retail Businesses (Includes Nail/Hair/Skin Salons) 1,000 sq. ft or less $300 1,001 sq. ft. to 2,500 sq. ft. $600 2,501 sq. ft .to 4,999 sq ft. $900 5,000 sq. ft. or more $1,200 Restaurants 1,000 sq. ft. or less $300 1,001 sq. ft. to 2,500 sq. ft. $600 2,501 sq. ft. to 4,999 sq. ft $900 5,000 sq. ft. or more $1,200 Hotels 20 rooms or less $180 21-50 rooms $360 51+ rooms $600 Services/Office* First Floor $240 Second floor or higher $120 Cart/Kiosk $60 Banks/ATM $600 Benefit Zone 2 Retail Businesses (Includes Nail/Hair/Skin Salons) $300 Restaurants $300 Hotels 20 rooms or less $180 21-50 rooms $360 51+ rooms $600 Service/Office* First Floor $120 Second floor or higher $60 Cart/Kiosk $30 Banks/ATM $600 •Assessments Excluded for Apartments, real estate agents, non-profits, home based businesses, and temporary vendors. •Temporary businesses (defined as business open 60 days or less) pay 50% of yearly assessed fee rate. •Businesses and non-profit organizations outside the area may join with the approval of the BID Board by paying the equivalent fee annually. •Non-profit organizations within the BID Assessment Zone can voluntarily participate by paying $30 to the Downtown BID directly. HB -89-Item 8. - 36 EXHIBIT C HB -90-Item 8. - 37 2017-2018 LIST OF HUNTINGTON BEACH DOWNTOWN BUSINESSS IMPROVEMENT DISTRICT MEMBERS AS OF AUGUST 1, 2017 ZONE BID CAT BIZ NAME STREET # STREET NAME UNIT # 1 SVC / OFFICE INNOCEAN WORD WIDE AMERICAS 120-180 5111 200 1 RESTAURANTS BRUXIE - GOURMET WAFFLE SANDWICHES 180 5TH 120 1 RESTAURANTS SHAKEAWAY 120 5TH 120 1 RESTAURANTS JOHNNY ROCKETS 120 STH 100 1 RETAIL MERRILEE'S INC 120 5TH C110 1 RETAIL JOLYN CLOTHING COMPANY 150 5TH 100 1 RETAIL HUNTINGTON BEACH OUTLET 155 5TH 189 1 RETAIL CHILIBEANS 155 5TH 1 RETAIL c v s 155 5TH 175 1 RETAIL FOREVER 21 155 5TH 141 1 RETAIL RIP CURL SURF CENTER 155 5TH 101 1 RETAIL ACTIVE RIDE SHOP 155 5TH 111 1 RESTAURANTS RITTER'S sumo KFrFLE COOKING 180 5TH 130 1 RETAIL SKECHERS 180 5TH 110 1 RETAIL STUDIO 37 207 511-1 1 RESTAURANTS PDT'S MEXICAN FOOD 213 5TH 1 SVC / OFFICE YOR HOME REALTY 214 5TH 205 1 RETAIL THE ICE CREAM WAY 214 5TH 102 1 RETAIL HAWLEYW0005 BARBER SHOP 214 5TH 103 1 SVC / OFFICE LATELY LILY LLC 214 5TH 202 1 RESTAURANTS NORTH SHORE POKE 214 _ 5TH 101 1 SVC (OFFICE T R RANCH SERVICES LLC 214 5TH 201 1 SVC I OFFICE TAKEYA USA CORP 214 5TH 204 1 RETAIL TOP HB NAILS 220 5TH 1 RETAIL THE BLOW DOWN 224 5TH 1 RETAIL BANZAI BOWLS 222 5TH 1 SVC / OFFICE COASTLINE REAL ESTATE INVESTMENTS LLC 215 5TH A 1 RETAIL 1 LOOK VINTAGE 217 5TH 1 RETAIL PRISTINE MOTORSPORTS 225 5TH 1 RESTAURANTS RUBY'S SURF ow DINER 1 MAIN 1 RETAIL LETS GO FISHING 21 MAIN 1 RETAIL SURF CITY STORE 60 MAIN 1 RETAIL KITE CONNECTION 61 MAIN 1 SVC / OFFICE IPA 1031 GROUP LLC 101 MAIN 260 1 SVC / OFFICE EDM SERVICES INC 101 MAIN 290 1 SVC / OFFICE MCA TRADING LLC 101 MAIN 240 1 SVC / OFFICE RIO MEDIA INC 101 MAIN 230 1 SVC / OFFICE INNOCEAN WORDWIDE AMERICAS 101 MAIN 285 1 SVC / OFFICE CORREA & ASSOC/ATES 101 MAIN 220 1 SVC / OFFICE INVESTMENT BUILDERS LLc in MAIN 280 1 RETAIL JACK'S GIRLS 101 MAIN 111 1 RETAIL JACK'S SURFBOARDS 101 MAIN 101 1 SVC / OFFICE WEAVER & ASSOCIATES 101 MAIN 220 1 SVC / OFFICE SKYVIEW MEDIA CONCEPTS 117 MAIN 202 1 SVC / OFFICE CA IMPORT EXPORT 117 MAIN 202 1 SVC / OFFICE G L M & INVESTMENTS INC 117 MAIN 205 1 SVC / OFFICE HIRING CREDIT SPECIALISTS LLC 117 MAIN 202 1 SVC / OFFICE P R TALENT 117 MAIN 208 1 RESTAURANTS PERQ'S NIGHTCLUB & SPOKTSBAR 117 MAIN 1 RESTAURANTS WAHOO'S FISH TACO 120 MAIN 1 RETAIL QUIKSILVER 121 MAIN 1 RETAIL CALIFORNIA CLOTHING 123 MAIN 101 1 HB -91-Item 8. - 38 2017-2018 LIST OF HUNTINGTON BEACH DOWNTOWN BUSINESSS IMPROVEMENT DISTRICT MEMBERS AS OF AUGUST 1, 2017 ZONE BID CAT BIZ NAME STREET # STREET NAME UNIT # 1 SVC / OFFICE W & R STUDIOS 123 MAIN 201 1 RETAIL THUNDER BURGRZ & PIZZA 126 MAIN 104 1 RETAIL VAPE IT UP 126 MAIN 103 1 RETAIL NEKTER JUICE BAR 126 MAIN 102 1 RETAIL HUNTINGTON SURF & SPORT 126 MAIN 101 1 RESTAURANTS 2ND FLOOR Fool) ART DRINKS 126 MAIN 201 1 RETAIL BEACH ISLAND 127 MAIN 1 SVC / OFFICE F H A REVIEW 200 MAIN 204B 1 RETAIL HERITAGE STREETWEAR 200 MAIN 115 1 RETAIL CALI SHORE STORE 200 MAIN 112 1 RETAIL THE COFFEE BEAN & TEA LEAF 200 MAIN 109 1 RETAIL HEAVENLY COUTURE 200 MAIN 113 1 RESTAURANTS BOMBURGER 200 MAIN 114 1 SVC / OFFICE BETTER CHOICE FINANCIAL 200 MAIN 204A 1 RESTAURANTS B l'S CHICAGO PIZZERIA 200 MAIN 101 1 RESTAURANTS COACH'S MEDITTERANIAN GRILL 200 MAIN 105 1 RESTAURANTS CRABBY'S Boar HOUSE 200 MAIN 101A 1 RESTAURANTS HURRICANES BAR & GRILL 200 MAIN 201 1 RESTAURANTS IHOP 200 MAIN 116 1 RETAIL MAIN STREET HAIR COMPANY 200 MAIN 108 1 RETAIL MAIN STREET OPTICAL & BOUTIQUE 200 MAIN 107 1 RETAIL ROCKY MOUNTAIN CHOCOLATE FACTORY 200 MAIN 106 1 RETAIL SEA NAILS 200 MAIN 117 1 RETAIL SURF CITY MARKET 200 MAIN 103A 1 SVC / OFFICE ROBERT KOURY PROPERTIES 200 MAIN 206 1 RETAIL AMERICAN VINTAGE 201 MAIN C 1 RETAIL BASKIN-ROBBINS t136210O 201 MAIN B 1 RESTAURANTS HUNTINGTON BEACH BEER COMPANY 201 MAIN E 1 RETAIL SAKAL SURFBOARDS 201 MAIN A 1 RESTAURANTS THE FUNNEL HOUSE 205 MAIN i RESTAURANTS KILLARNEY'S 209 MAIN 1 SVC / OFFICE RICHARD HARLOW & ASSOCIATES 211 MAIN C 1 RESTAURANTS SHARKEEZ 211 MAIN A 1 RESTAURANTS SUGAR SHACK 213 MAIN 1 SVC / OFFICE BOGGELN & COMPANY CPA 215 MAIN 1/2 1 RESTAURANTS NO KA CB 215 MAIN 1 RESTAURANTS LONGBOARD RESTAURANT ge PUB 217 MAIN 1 SVC / OFFICE TEAM REAL ESTATE 221 MAIN H 1 BANK! ATM WELLS FARGO HOME MORTGAGE 221 MAIN G 1 RESTAURANTS Dos -rows 221 MAIN A 1 RESTAURANTS LUIGI'S RESTAURANT 221 MAIN B 1 RESTAURANTS STARBUCKS COFFEE COMPANY #1575 221 MAIN C 1 RESTAURANTS ZERO ZERO PIZZERIA 221 MAIN D 1 RETAIL MELEESA 221 MAIN E 1 RESTAURANTS ALOHA GRILL 221 MAIN F 1 SVC / OFFICE H M R ARCHITECTS 221 MAIN I 1 SVC / OFFICE HAMLIN GOODING 221 MAIN J 1 SVC / OFFICE MAILPIX INC 221 MAIN K 1 SVC / OFFICE TEAM DESIGN & CONSTRUCTION 221 MAIN 5 1 SVC / OFFICE 221 N MAIN STREET BEACH PROPERTIES LLC 221 MAIN 5 1 SVC / OFFICE HB YOGA COLLECTIVE 301 MAIN 109 1 SVC / OFFICE WAVELENGTHS RECOVERY LLC 301 MAIN 201 2 HB -92-Item 8. - 39 2017-2018 LIST OF HUNTINGTON BEACH DOWNTOWN BUSINESSS IMPROVEMENT DISTRICT MEMBERS AS OF AUGUST 1, 2017 ZONE BID CAT BIZ NAME STREET # STREET NAME UNIT # 1 CART/KIOSK SURF CITY HENNA & THREADING (CT) 301 MAIN CT 1 CART/KIOSK TOYS HR (CT) 301 MAIN CT7 1 CART/KIOSK HOT TRENDS SUNGLASSES (CT) 301 MAIN CT2 1 CART/KIOSK HOT TRENDS SUNGLASSES (CT) 301 MAIN CT2 1 CART/KIOSK HOT TRENDS SUNGLASSES (CT) 301 MAIN CT 1 CART/KIOSK MAIN STREET EXPRESS (CT) 301 MAIN CT8 1 CART/KIOSK POSITIVE THOUGHT BRAND 301 MAIN CT4 1 CART/KIOSK POSITIVE THOUGHT BRAND 301 MAIN CTS 1 RETAIL •ELEVEN STORE 301 MAIN 112 1 CART/KIOSK ZIMBABWE HB GIFTS & ACCESSORIES 301 MAIN C19 1 RESTAURANTS SHABU ON FIRE 301 MAIN 110 1 RETAIL MAIN STREET DAY SPA 301 MAIN 108 1 RESTAURANTS LEGENDS SURF crry 301 MAIN 101 1 SVC / OFFICE PARKING CONCEPTS INC 301 MAIN 1 RESTAURANTS PIZZA LOUNGE 301 MAIN 107 1 RESTAURANTS SUSHI ON FIRE 301 MAIN 103 1 RETAIL MAIN STREET WINE COMPANY 301 MAIN 105 1 RETAIL PARLOUR ELEVEN 301 MAIN 102 1 RETAIL ROCKIN FIGS SURF HEADQUARTERS 316 MAIN A 1 RESTAURANTS Aviuvs EL RANCHITO H B 318 MAIN 1 RETAIL MAKIN WAVES SALON 320 MAIN 1 RETAIL DAISY BLUE 320 1/2 MAIN 1 SVC / OFFICE BEACH REALTY i HUNTINGTON 322 MAIN 1 RETAIL HUNTINGTON BEACH EASY RIDER, DANK CLOTHING 326 -328 MAIN 101 1 SVC / OFFICE HUNTINGTON BEACH BICYCLE COMPANY 326 MAIN 101 1 RETAIL DIANES / BEACH FEVER 116 -118 MAIN 1 RETAIL MODEL CITIZEN 324 -326 MAIN 1 SVC / OFFICE THE UPS STORE 44482 412 OLIVE 1 RETAIL COLDSTONE HB 416 OLIVE K 1 RESTAURANTS THE IRISHMAN 424 OLIVE 1 RESTAURANTS DAIRY QUEEN 102 PACIFIC COAST 1 RESTAURANTS T K BURGERS 110 PACIFIC COAST 1 SVC / OFFICE SUNWEST REALTY 120 PACIFIC COAST 1 CART/KIOSK CELLORION (CT) 300 PACIFIC COAST CTS 1 CART/KIOSK ANDE'S PERUVIAN ARTS & CRAFTS 300 PACIFIC COAST CT6 1 SVC / OFFICE HOM SOTHEBY'S INTERNATIONAL REALTY 300 PACIFIC COAST 405 1 SVC / OFFICE PIERSIDE COMMISSARY 300 PACIFIC COAST 1 RESTAURANT GEORGE'S GRILL 300 PACIFIC COAST 1076 1 CART/KIOSK DAVEY'S LOCKER SPORTFISHING 300 PACIFIC COAST C13 1 CART/KIOSK SURF CITY EXPRESS 300 PACIFIC COAST CT6 1 SVC / OFFICE MODERN PARKING INC 300 PACIFIC COAST 1 SVC / OFFICE CB INVESTMENTS INC 300 PACIFIC COAST 301 1 SVC / OFFICE GRUPO GALLEGOS 300 PACIFIC COAST 200 1 SVC / OFFICE W S L NORTH AMERICA 300 PACIFIC COAST 303 1 SVC / OFFICE VEGWARE PACKAGING INC 300 PACIFIC COAST 110 1 CART/KIOSK ARM110 ANTHONY 300 PACIFIC COAST CT 1 RETAIL HAVAIANAS SANDALS 300 PACIFIC COAST 107A 1 CART/KIOSK PEREZ RODI 300 PACIFIC COAST 1 CART/KIOSK ANDES PERUVIAN ARTS & CRAFTS 300 PACIFIC COAST CTS 1 RESTAURANTS BLACK am CHOP HOUSE 300 PACIFIC COAST 112 1 RETAIL HUNTINGTON SURF & SPORT 300 PACIFIC COAST 104 1 RESTAURANTS GALLAGHER'S ma a GRILL 300 PACIFIC COAST 113 3 HB -93-Item 8. - 40 2017-2018 LIST OF HUNTINGTON BEACH DOWNTOWN BUSINESSS IMPROVEMENT DISTRICT MEMBERS AS OF AUGUST 1, 2017 ZONE BID CAT BIZ NAME STREET # STREET NAME UNIT #I 1 RESTAURANTS FRED'S MEXICAN CAFE 300 PACIFIC COAST 201 1 RESTAURANTS BLK EARTH sen SPIRTS 300 PACIFIC COAST 202 1 SVC / OFFICE SURF LINE 300 PACIFIC COAST 310 1 RESTAURANTS SUBWAY 300 PACIFIC COAST 10613 1 RESTAURANTS SANDY'S BEACH GRILL 315 PACIFIC COAST 1 RESTAURANTS DUKES 317 PACIFIC COAST 1 RESTAURANT SESSIONS WEST COAST DELI 414 PACIFIC COAST 1 RETAIL EL DON LIQUOR 416 PACIFIC COAST 1 SVC / OFFICE LAZ PARKING CALIFORNIA LLC 500 PACIFIC COAST 1 HOTELS SHOREBREAK HOTEL 500 PACIFIC COAST 1 CART/KIOSK SWEETS CHOICE 21030 PACIFIC COAST CT-K100 1 CART/KIOSK DR EYE-PHONE 21030 PACIFIC COAST CT-K100 1 RETAIL THE AMERICAN DREAM 21058 PACIFIC COAST 130 1 RETAIL HOLLY AND HUDSON 21028 PACIFIC COAST 200 1 RETAIL URBAN OUTFITTERS 21034 PACIFIC COAST 100 1 RETAIL SUNGLASS RESORT 21028 PACIFIC COAST 130 1 RETAIL FREE PEOPLE 21022 PACIFIC COAST 120 1 RETAIL HEIRLOOMS AND HARDWARE 21046 PACIFIC COAST 210 1 RETAIL AT&T AUTHORIZED RETAILER RISER 21010 PACIFIC COAST 150 1 RETAIL BARNABAS CLOTHING CO 21034 PACIFIC COAST 220 1 RESTAURANTS BLUEGOLD 21016 PACIFIC COAST 200 1 RESTAURANTS BACKHOOSE YAKATORI AND SUSHI 21058 PACIFIC COAST 250 1 RESTAURANT FROSTED CUPCAKERY 21058 PACIFIC COAST 180 1 RETAIL PETALS AND POP 21058 PACIFIC COAST 120 1 RESTAURANT IL BARONE SICILIAN STREET FOOD 21058 PACIFIC COAST 114 1 SVC / OFFICE THE RESIDENCES AT PACIFIC CITY - LEASING OFFICE 21034 PACIFIC COAST 130 1 RETAIL B CANDY 21058 PACIFIC COAST 210 1 RETAIL MOLLY BROWNS OF HUNTINGTON BEACH 21034 PACIFIC COAST 230 1 SVC / OFFICE DJM CAPITAL PARTNERS 21058 PACIFIC COAST 220 1 RESTAURANTS BEAR FLAG FISH 21058 PACIFIC COAST 124 1 RESTAURANT PORTOLA COFFEE ROASTERS 21058 PACIFIC COAST 170 1 RETAIL DRYBAR 21016 PACIFIC COAST 104 1 RESTAURANT HANS ICE CREAM 21058 PACIFIC COAST 140 1 RESTAURANT MAHOGANY SMOKED MEATS 21058 PACIFIC COAST 154 1 RESTAURANT GELATERIA ZOMOLO 21022 PACIFIC COAST 110 1 RETAIL LUSH FRESH HANDMADE COSMETICS 21034 PACIFIC COAST 120 1 RESTAURANTS BUNGALOW HUNTINGTON BEACH 21058 PACIFIC COAST 240 1 RETAIL JOHN GALT 21034 PACIFIC COAST 110 1 RESTAURANT PIE-NOT 21058 PACIFIC COAST 150 1 RETAIL LINKSOUL 21046 PACIFIC COAST 110 1 RESTAURANT PHILZ COFFEE 21010 PACIFIC COAST 130 1 RETAIL TANKFARM & CO 21034 PACIFIC COAST 150 1 RETAIL BURNT CRUMBS 21058 PACIFIC COAST 100 1 SVC / OFFICE ACE PARKING MANAGEMENT INC 21080 PACIFIC COAST 1 RETAIL POPBAR 21058 PACIFIC COAST 122 1 RETAIL SEAFOLLY 21010 PACIFIC COAST 120 1 SVC / OFFICE LAZ PARKING CALIFORNIA LLC 21010 PACIFIC COAST 1 RETAIL FRANCESCAS COLLECTIONS 21028 PACIFIC COAST 112 1 RETAIL SEPHORA 4914 21040 PACIFIC COAST 120 1 RETAIL SMOCKING BIRDS BABY BOUTIQUE 21034 PACIFIC COAST 250 1 RESTAURANTS ways & MEANS 21022 PACIFIC COAST 130&140 1 RESTAURANTS OLD CROW SMOKEHOUSE 21022 PACIFIC COAST 230 4 HB -94-Item 8. - 41 2017-2018 LIST OF HUNTINGTON BEACH DOWNTOWN BUSINESSS IMPROVEMENT DISTRICT MEMBERS AS OF AUGUST 1, 2017 ZONE BID CAT BIZ NAME STREET It STREET NAME UNIT # 1 RETAIL CRAZY SHIRTS 21058 PACIFIC COAST 200 1 RETAIL IRENE'S STORY 21046 PACIFIC COAST 120 1 RETAIL WEST OF CAMDEN 20128 PACIFIC COAST 120 1 RETAIL THE PLANTATION HAWAII 21034 PACIFIC COAST 210 1 RETAIL THE WEARHOUSE 21034 PACIFIC COAST 108 1 RETAIL KIN BOUTIQUE & GALLERY 21016 PACIFIC COAST 110 1 RETAIL TOMMY BAHAMA 21028 PACIFIC COAST 110 1 RETAIL CHERRY HILLS MARKET 21034 pito pic COAST 100 1 RETAIL OCEAN BLUE ART & DESIGN 21046 PACFIC COAST 200 RESTAURANTS SAINT MARC PUB CAFE BAKERY & CHEESE AFFINAGE 21058 PACIFIC COAST 230 1 RETAIL MAC COSMETICS 21046 PACIFIC COAST 100 1 SVC / OFFICE EQUINOX 21010 PACIFIC COAST 110&200 1 RETAIL TOP DOG BARKERY 21010 PACIFIC COAST 160 1 RESTAURANTS SIMM2Y'S HUNTINGTON BEACH 21028 PACIFIC COAST 100 1 RESTAURANTS ma 21040 PACIFIC COAST 200 1 RESTAURANTS LEMONADE 21016 PACIFIC COAST 105 1 RETAIL H & M 21054 PACIFIC COAST 100&200 1 HOTELS PASEA HOTEL & SPA 21080 PACIFIC COAST 1 SVC / OFFICE ACE PARKING MANAGEMENT INC 21100 PACIFIC COAST 1 HOTELS WATERFRONT HILTON BEACH RESORT 21100 PACIFIC COAST 1 SVC / OFFICE TOES ON THE NOSE 21500 PACIFIC COAST 159 1 SVC / OFFICE ACE PARKING MANAGEMENT INC 21500 PACIFIC COAST 1 HOTELS HYATT REGENCY HB RESORT & SPA 21500 PACIFIC COAST 1 SVC / OFFICE PRESENTATION SERVICES 21500 PACIFIC COAST 1 RETAIL TRAVEL TRADERS 21500 PACIFIC COAST 1 RESTAURANT 25 DEGREES HB 412 WALNUT 1 SVC / OFFICE CAPITAL INVESTMENT NETWORK INC 414 WALNUT 1 RETAIL M E HELME HOUSE FURNISHING CO 517 WALNUT 1 CART/KIOSK ZENT SEAN (CT) 300 PACIFIC COAST CT2 1 RESTAURANTS THE PIZZA PRESS 150 5TH 110 1 RETAIL SURFER SUPPLY 21058 PACIFIC COAST 118 1 RETAIL CALI CLOTHING II 205 MAIN 42737 1 SVC / OFFICE CAPITAL MARKETING COMPANY 117 MAIN MAIN 203 1 SVC / OFFICE CLEAR VIEW SYSTEMS 221 MAIN T 1 SVC / OFFICE THE NEXT LEVEL 117 MAIN 209 1 SVC / OFFICE LUNA UNITED 300 PACIFIC COAST 200 1 RETAIL BROOKS AND BREAKERS 119 MAIN 1 SVC / OFFICE TURN KEY HOMES 117 MAIN 201 1 RETAIL CARILOHA HUNTINGTON BEACH 21010 PACIFIC COAST D100 1 RETAIL ZEROZERO GOURMET GRILL 200 MAIN 103B 1 CART/KIOSK sPiN4FOCuS (CT) 21058 PACIFIC COAST CT-K104 1 CART/KIOSK WORLD FAMOUS BIG KONE HUNA (CT) 300 PACIFIC COAST CT1 1 CART/KIOSK DORUK SILVER INC (CT) 21030 PACIFIC COAST CT-K102 1 RETAIL SALT LIFE LLC 207 MAIN 1 RETAIL TRiFECTA WORLDWIDE DisTRiBuToRs/TRiFECTA BIKE CO 326 ,MAIN 101 1 RESTAURANTS CRUISERS PIZZA BAR GRILL 210 5TH 1 RETAIL BARE BUNNY AESTHETICS 526 MAIN 102-4 1 CART/KIOSK SUPREME (CT) 21030 PACIFIC COAST CT 1 CART/KIOSK HAT HUT 21030 PACIFIC COAST CT-K106 1 RETAIL IVIANELAB 526 MAIN 102-2 1 RETAIL SURF CITY EXPRESS 118 MAIN 1 CART/KIOSK LIFEISGOOD 21030 PACIFIC COAST CT-K200 5 HB -95-Item 8. - 42 2017-2018 LIST OF HUNTINGTON BEACH DOWNTOWN BUSINESSS IMPROVEMENT DISTRICT MEMBERS AS OF AUGUST 1, 2017 ZONE BID CAT BIZ NAME STREET # STREET NAME UNIT # 1 RETAIL HURLEY PACIFIC CITY 21028 PACIFIC COAST 200 ZONE 2 2 SVC / OFFICE RIPCORD DIGITAL INC 307 3RD 202 2 RETAIL BOW AND ARROW HAIR LOUNGE 315 3RD p 2 SVC / OFFICE ENLARGE MEDIA GROUP 307 3RD 201 2 RETAIL SPIRITUAL ORIGINS 307 3RD 101 2 SVC / OFFICE SCALP AESTHETICS 0 C 315 3RD 0 2 SVC / OFFICE GALITZEN PROPERTIES 315 3RD A 2 RETAIL HAVEN OF WELLNESS 315 3RD H-M 2 RETAIL SALON RETRO 315 3RD F 2 SVC / OFFICE LEE ROBINSON, CPA 315 3RD C 2 SVC / OFFICE RMA INTERNATIONAL LANDSCAPE ARCHITECTURE 315 3RD N 2 SVC / OFFICE SAIL PROPERTIES 315 3RD D 2 RETAIL PEDEGO I4B 301 5TH 2 SVC / OFFICE SURFBOARD AND BIKE RENTALS 311 5TH 2 RETAIL DING DR 311 5TH 2 SVC / OFFICE OIL FIELD TUBULARS AND SUPPLY CO LLC 321 5TH 1 2 SVC / OFFICE A&S ACCOUNTING SOLUTIONS 321 5TH 2 RETAIL PORCELIAN 611 6TH 2 RETAIL SALT HAIR LOUNGE 410 MAIN 104 2 RETAIL JAX BICYCLE CENTER 410 MAIN 2 SVC / OFFICE CONTINENTAL CLEANERS 411 NAIN 2 SVC / OFFICE SURF CITY CHIROPRACTIC 411 MAIN B 2 RETAIL ORANGE COUNTY BARBERS PARLOR 417 MAIN 102 2 RETAIL SURF CITY SEGWAY 417 MAIN 10113 2 RETAIL NEIRA DESIGNS & FIX-IT 417 MAIN 101 2 RETAIL MOOD SWINGS 417 MAIN 103 2 SVC / OFFICE MAILBOX STATION 419 MAIN A 2 SVC / OFFICE PACIFIC RIM TAX & ACCOUNTING 428 MAIN 201 2 SVC / OFFICE LENGELE & ASSOCIATES LLC 428 MAIN 208 2 SVC / OFFICE AMBIT CONSULTING LLC 428 MAIN 206 2 RETAIL NIIN'S DYNASTY PERMANENT MAKEUP 428 MAIN 203 2 SVC / OFFICE HOWARD FISCHER DVM 428 MAIN 209 2 SVC / OFFICE NEXGEN HOME FINANCE 428 MAIN 207 2 SVC / OFFICE MINNOW ELEVEN 428 MAIN 202 2 SVC / OFFICE WESTLAND BUSINESS SERVICES INC 428 MAIN 202 2 RETAIL MOTIF ON MAIN SALON 428 MAIN 102 2 RESTAURANTS MILK & HONEY 438 MAIN 110 2 RETAIL ARIA HOOKAH LOUNGE 438 MAIN 100 2 SVC / OFFICE KOA CONSULTING 438 MAIN 200 2 SVC / OFFICE SOLENA LANDSCAPE 438 MAIN 210 2 SVC / OFFICE RON STERUD AND ASSOCIATES 438 MAIN 220 2 SVC / OFFICE THE TRAINING SPOT 440 MAIN 2 SVC / OFFICE GENTLE DENTAL HUNTINGTON BEACH 501 MAIN A 2 RETAIL ANNIE NAILS 501 MAIN F 2 RESTAURANTS BODHI TREE VEGETARIAN CAFE 501 MAIN E 2 RESTAURANTS JAN'S 501 MAMI D 2 RETAIL MONTGOMERY JEWELERS 501 MAIN G 2 BANKS /ATM FIRST BANK 501 MAIN H 2 SVC / OFFICE BEACH CITY HAIRCUTTING 504 MAIN D 2 SVC / OFFICE DIRTY DOG WASH 504 MAIN C 6 HB -96-Item 8. - 43 2017-2018 LIST OF HUNTINGTON BEACH DOWNTOWN BUSINESSS IMPROVEMENT DISTRICT MEMBERS AS OF AUGUST 1, 2017 ZONE BID CAT BIZ NAME STREET tt STREET NAME UNIT tt 2 SVC / OFFICE LUCY'S TAILORING & ALTERATIONS 504 MAIN B 2 SVC / OFFICE MAIN STREET CLEANERS 504 MAIN A 2 RETAIL EUROPA NAIL STUDIO 5011 MAIN A 2 RETAIL MAIN STREET LIQUOR 508 MAIN 2 RESTAURANTS CUCINA ALESSA FIB 520 MAIN 2 RESTAURANTS THAI WAVE 522 MAIN 2 SVC / OFFICE SMILES CAFE 305 MAIN D 2 SVC / OFFICE INTEGRATIVE PAIN AND WELLNESS CLINIC 305 ORANGE F 2 SVC / OFFICE BRENT 0 NICHOLS DDS 305 ORANGE A 2 SVC / OFFICE MERL L FLEMING 005 305 ORANGE t3 2 SVC / OFFICE DANIEL JAFFE DDS 305 ORANGE C 2 RESTAURANTS DWIGHT'S BEACH CONCESSION 201 PACIFIC COAST 2 RESTAURANTS ZACKS PIER PLAZA 405 PACIFIC COAST 2 RESTAURANTS THE COFFEE CORNER 602 PACIFIC COAST 2 RESTAURANTS SANCHO'S TACOS 602 PACIFIC COAST B 2 SVC / OFFICE H B PACIFIC COAST ENTERPRISE 714 PACIFIC COAST 2 RETAIL 7-ELEVEN STORE 706 PACIFIC COAST 2 HOTELS HUNTINGTON SURF INN 720 PACIFIC COAST 2 RESTAURANTS KOKOMO'S SURFSIDE GRILL 21071 PACIFIC COAST 2 RESTAURANTS JACK'S BEACH CONCESSION 21091 PACIFIC COAST 2 RESTAURANTS NAUGLES 21351 PACIFIC COAST 2 SVC / OFFICE WATERFRONT HILTON BEACH CABANA 21351 PACIFIC COAST 2 RESTAURANTS ZACKS Too 71579 PACIFIC COAST 2 RETAIL LIVERY DESIGN GRUPPE 220 WALNUT 2 RETAIL BEAUTY BUNGALOWS BY PORCELAIN 526 MAIN 102 2 RETAIL HEALING BEAUTY 526 MAIN 102 2 RETAIL SUGAR HAVEN 526 MAIN 102 -3 2 RETAIL HONEYCOMB 526 MAIN 102 2 RETAIL SURFSIDE PRINTS 417 MAIN 202 7 HB -97-Item 8. - 44 Dept. ID PW 17-038 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: The required twelve-month warranty period has now elapsed for the public improvements that were constructed by TRI Pointe Homes, Inc. for the Fairwind and Truewind Subdivisions, Tract 17238 and 17239 (Attachment 1). Their Guarantee & Warranty Bonds are now eligible for release. Financial Impact No funding is required for this action. Recommended Action: A) Release Guarantee & Warranty Bond No. PB03010401486-M (Attachment 2) and instruct the City Clerk to notify TRI Pointe Homes, Inc. (the subdivider of Fairwind Subdivision Tract 17238) and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of this action; and, B) Release Guarantee & Warranty Bond No. PB03010401245-M (Attachment 3) and instruct the City Clerk to notify TRI Pointe Homes, Inc. (the subdivider of Truewind Subdivision Tract 17239) and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of this action. Alternative Action(s): Deny the recommended action. Denying the recommended action may violate the Subdivision Map Act whereby Section 66499.7 of the Government Code requires that the securities given for the faithful performance of constructing public improvements shall be released upon acceptance of the work. Analysis: On August 15, 2016, City Council accepted the newly constructed public improvements that were built by TRI Pointe Homes, Inc. to satisfy the requirements of the Fairwind and Truewind Subdivisions, Tracts 17238 and 17239 respectively. The public improvements include new curb, gutter, sidewalk, paving, lighting, signing and striping, water, sewer and storm drain improvements. At that meeting, City Council also accepted Guarantee & Warranty bonds as security for the 12- month warranty period. The City Engineer has now determined that the improvements were constructed in substantial compliance with the approved plans and specifications, have performed satisfactorily throughout the warranty period, and that the Guarantee & Warranty Bond can now be recommended for release. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Release Guarantee & Warranty Bond for Tract 17238 and Tract 17239 (Fairwind and Truewind Subdivisions) HB -98-Item 9. - 1 Dept. ID PW 17-038 Page 2 of 2 Meeting Date: 8/21/2017 Environmental Status: The subject request is exempt pursuant to the California Environmental Quality Act. Strategic Plan Goal: Non-Applicable – Administrative Item Attachment(s): 1. Location Maps 2. Guarantee & Warranty Bond No. PB03010401486-M 3. Guarantee & Warranty Bond No. PB03010401245-M HB -99-Item 9. - 2 ATTACHMENT #1 HB -100-Item 9. - 3 HB -101-Item 9. - 4 HB -102-Item 9. - 5 ATTACHMENT #2 HB -103-Item 9. - 6 ' Keith P. Frankel Assistant Secretory By 1 BOND NO. PB03010401486-M PREMIUM is included in Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, TRI Pointe Homes, Inc., a Delaware corporation, as a Principal, and Philadelphia Indemnity Insurance Company, a corporation organized under the laws of the State of Pennsylvania and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal sum of One Hundred Fifty-Nine Thousand Three Hundred Ninety-Five and no/100 Dollars ($159,395.00), representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS, the said Principal entered into a contract with said Obligee, dated 1):Ley‘ect, 1.014 for work described as follows: Subdivision Improvements - Fairwind - Tract 17238 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed, and accepted by Obligee on AtiUST I c NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship, which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 12, 2016. TRI Pointe Homes, Inc., a Delaware corporation, as Principal Philadelphia Indemnity Insurance Company as Surety mi 'elle Haase, Attorney-in-Fact APPROVED AS TO FORM _- By: 211,14, 40,- MICHAEL E. GA CITY ATTORNEY CITY OF HUNTINGTON BACH S:SURE.TY\ IRVINE CLIENTS \TRI Pointe Homes, !I -104'11-1a! Bonds \ I (1,..Jul-y. Warranty - P B03010=10 '_i-7ruewind\TPH-PB03010401486 - Warranty Bond.docx HB -104-Item 9. - 7 BRIANNE DAVIS Commission No. 2017152 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm. Expires APRIL 1, 2017 WITNESS my hand and official seal. ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On jth., 1 2 2016 before me, Brianne Davis, Notary Public (Here insert name and fide of the officer) personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the person(*) whose names) ishaft subscribed to the within instrument and acknowledged to me that Iste/she4boy executed the same in kis/her/their authorized capacity(ies)c and that by iccisiherlibak signature* on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public Signature (Title or description of attached document) (Title or description of attached document continued) Number of Pages CAPACITY CLAIMED BY THE SIGNER 1:1 Individual (s) O Corporate Officer (Title) O Partner(s) • Attorney-in-Fact O Trustee(s) • Other 2015 Version v,,,,,AN.NotaryClasses.corn 800- 872-9865 (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and. if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notaty to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is iefe ) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • lhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. •. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Document Date ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT HB -105-Item 9. - 8 4104 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organi7ed and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC Its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 TH DAY OF FEBRUARY 2013. (Seal) Robert D O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 10 th day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kimberly A. Kessleskl, Notary Pubic 4.ower Merlon Top. MIMTIONtety County My COmmissien EanMes Das. l, 2016 4.01111n IIn Ar_ MEMBER PEINSTEVANIA AsSOCIATION Of NOTARIES Notary Public: residing at: My commission expires: (Notary Seal) Bala Cynwyd, PA December 18.2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of JOI 1 2 201.620 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY HB -106-Item 9. - 9 r BARBARA ALEXANDER NOTARY PUBLIC - CALIFORNIA - COMMISSION #2108501 Lewwwwwwwww0::::::::TIL wie My Comm. Exp. May 22, 20NI 4.w Signature tt, (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On J , /0( before me, JVIIK) frf^-- ',4LAA r tv- k- ?ou e9\ I/ (ipert name and title 1Of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HB -107-Item 9. - 10 ATTACHMENT #3 HB -108-Item 9. - 11 BOND NO. PB03010401245-M PREMIUM is included in Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, TRI Pointe Homes, Inc., a Delaware corporation, as a Principal, and Philadelphia Indemnity Insurance Company, a corporation organized under the laws of the State of Pennsylvania and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal sum of Sixty-Eight Thousand Two Hundred Thirty-Seven and no/100 Dollars ($68,237.00), representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS, the said Principal entered into a contract with said Obligee, dated A47 14“-- , for work described as follows: Subdivision Improvements — Truewind — Tract 17239 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed, and accepted by Obligee on AoelosT rz-e4, NOW, THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship, which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 12, 2016. TRI Pointe Homes, Inc., a Delaware corporation, as Principal By Keith P. Frankel Assistant Secretary Philadelphia Indemnity Insurance Company as Surety By: Mic e h7)77eZ7 lle Haase, Attorney-in-Fact APPROVED AS TO FORM By By: MICHAEL E. GATES Cm' ATTORNEY CITY OF HUNTINGTON BEACH 1 (1:J01 7 - HB -109-Item 9. - 12 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On Jul i 2 2016 before me, Brianne Davis, Notary Public (Here insert name and title of the officer) personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s) is/ wo subscribed to the within instrument and acknowledged to me that kg/she/they executed the same in is/her/their authorized capacity(riks)c and that by igiseher/lbak signature* on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BRIANNE DAVIS Commission No. 2017152 (.) II111111,16n :"..1111..--nn 11(011! Z :1)111111"-YY Iror »ir*•,/i111/11_ HI)) z •••••n••• Notary Public Signature (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER El Individual (s) El Corporate Officer (Title) El Partner(s) D Attorney-in-Fact o Trustee(s) o Other 2015 Yel vo.vw.NotaryClasses..coin 800-873-9865 (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed. should be completed and attached to the document. Acknolwedgents,from other states may be completed for documents being sent to that state so long as the wording does not require the California nolo)), to violate California nowt)) law. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct fonns. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits. otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4* Indicate title or type of attached document, number of pages and date. 4.. Indicate the capacity claimed by the siener. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT HB -110-Item 9. - 13 4103 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC Its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I tday of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indenmity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7 TH DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 10 th day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OP PENNSYLVANIA Note* Seal Kimberly A. Kosslesid, Notary Public Lower Nenon Twp. natiotsaseery County MY Commlesion EaPires Doc. t, 2016 MENDER PfraltSYLVANIA ASSOCIATION Of NOTARIES (Notary Seal) Notary Public: residing at: My commission expires: 1In .0 `4/ Bala Cynwyd, PA December 18 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day' JUL 1 2 20-1.6.,20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY HB -111-Item 9. - 14 Signature A (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On JIA-1(1 LO( personally appeared (4/194/k 7i-f(P/N41{; eCICALI -Rtit 6: _(insert name and title of the officer) (e 14{A V. I-64,1Q( before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official s ralord,Titra AR ALEXANDER NOTARY PUBLIC. CALIFORNIA g COMMISSION #2108501 0724 ORANGE COUNTY _Co _rn Exwp?) y_ 22 .20_111 HB -112-Item 9. - 15 Dept. ID PW 17-049 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: On August 1, 2017, bids were opened for the Magnolia Street Bridge Preventive Maintenance, CC- 1448. Staff requests that the City Council award the contract to Beador Construction Company, Inc., the lowest responsive and responsible bidder. Financial Impact: A total of $132,406 is currently available in Gas Tax account 20790010.82800. Approximately 88% of eligible construction costs will be reimbursed to the City through Bridge Preventive Maintenance Program (BPMP) grant funds, up to a maximum of $1,021,960. An appropriation to the Bridge Preventive Maintenance Program (BPMP) grant account 97085001.82800 is requested. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Beador Construction Company, Inc., in the amount of $833,700.00; and, B) Appropriate $1,021,960 in grant funds to BPMP grant account 97085001.82800; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: The Magnolia Street Bridge was constructed in 1973. Parts of the bridge have deteriorated due to vehicular traffic and from tidal flux over the past four decades. This bridge preventive maintenance project consists primarily of the removal and replacement of the concrete barriers and chain link railing; removal and patching of unsound concrete at the bridge bents and columns; the replacement of missing rock slope protection in the channel; and appurtenant work as required. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract with Beador Construction Company, Inc in the amount of $833,700.00. for the Magnolia Street Bridge Preventive Maintenance, CC-1448; and, approve an appropriation of funds to the Bridge Preventive Maintenance Program grant fund account HB -113-Item 10. - 1 Dept. ID PW 17-049 Page 2 of 2 Meeting Date: 8/21/2017 Bids were opened publicly on August 1, 2017. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Verified Bid Beador Construction Company, Inc.* $793,700.00 $833,700.00 Peterson-Chase General Engineering Construction, Inc. $868,035.00 $874,603.00 United Engineering & Construction, Inc. $1,054,773.36 $1,054,773.36 John S. Meek Company, Inc. $1,057,757.00 $1,057,757.00 *See Attachment 2 As announced at the public bid opening, Beador Construction Company, Inc. submitted the apparent low bid of $793,700.00. Upon review of the bid package, staff found discrepancies in the bid amount and promptly notified the bidder. On August 7, 2017, Beador Construction Company, Inc. submitted the attached correspondence to explain the discrepancies. Staff found the documentation and references for Beador Construction Company, Inc. to be acceptable. Therefore, staff recommends award of the construction contract to Beador Construction Company, Inc., in the amount of $833,700.00. The total estimated project cost, including the construction contract, contingencies, supplementals, and project management is approximately $1,154,000. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1448 on August 19, 2015, with a vote of 7-0-0-0. Environmental Status: A Categorical Exclusion was approved on September 11, 2014, in compliance with NEPA. Mitigated Negative Declaration No. 13-07 was approved on December 18, 2013, in compliance with CEQA. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map 2. Correspondence from Beador Construction Company, Inc. dated August 7, 2017 HB -114-Item 10. - 2 VICINITY MAP N_T,S, LOCATION MAP N_T:S, HB -115-Item 10. - 3 Beador Construction Company, Inc. August 7, 2017 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Jonathan Claudio, PE Senior Civil Engineer RE: Acknowledgement of Addendum 1 Magnolia Avenue Bridge Preventive Maintenance, C.C. No. 1448 Mr. Claudio: In response to our bid on August 1 st for the aforementioned project, we hereby provide the following acknowledgement: 1) Addendum 1 Receipt. Sign copy attached. The addendum had no impact on our bid prices and/or costs as we are a union contractor and already utilize the established prevailing wage rates in our bid and estimate thereof. 2) We inadvertently left out bid item 1 in our submitted cost. Our bid estimate spreadsheet did not tabulate it. We agree to accept $833,700 as our lump sum total bid. 3) Our revised DBE submittal is attached. Should you have any further questions, comments or concerns, please feel free to contact me. Sincerely, Beador Const .0.4771 David A. Beador President Company, Inc. 26320 Lester Circle Corona, CA 92883 0(951) 674-7352 • (951) 674-7495 Fax • License #720483 HB -116-Item 10. - 4 asti r 6s y (e. rP 4, 2017. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE for MAGNOLIA STREET BRIDGE PREVENTIVE MAINTENANCE (OVER HUNTINGTON BEACH CHANNEL) FEDERAL AID PROJECT BPMPL-5181(171) C.C. No. 1448 July 24, 2017 Notice To All Bidders: The following clarifications and/or revisions are hereby made to the Project Plans, Specifications, and Special Provisions for the Magnolia Street Bridge Preventive Maintenance. C.0 No. 1448: 1. The Federal Labor Rates contained in Appendix I — Part 2 of the Project Specifications for the Magnolia Street Bridge Preventive Maintenance, C.C. No. 1448 shall be replaced with the attached FEDERAL LABOR RATES (Publication Date 07/14/2017). The attached FEDERAL LABOR RATES (Publication Date 07/14/2017) shall be the Federal labor rates in effect for the above named project. This is to acknowledge receipt and review of Addendum Number One, 2V'.411)42 CAM I-70-4 Company Name g-t- Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. HB -117-Item 10. - 5 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 2-0e, 3. Project Description: ri11)-bx.1 0 4. Project Location: 5. Bidders Name: 18i-A13 il CrIx1442a P-r5e.- 6. Prime Certified DBE: El 7. Bid Amount: 14 eg3, 72 8. Total Dollar Amount for16,1- Subcontractors: W34 6 7 4 9. Total Number of al. Subcontractors: 10. Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13. DBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount r 1410-1 E.1 Co..a.v..e aiNpazi.17_ e-7 35- (..TP 6.-icca" 0,47,-kEti •YA-iirtl- P'e SPI2-4 4 (1C, e II at -1?-4 -622-7 44466A40 P '7 at i2-0 14 -r-LV-if 0-.,C ,17Q 1- 4k7 C12 ege3032 "P"kc-- tc,7_,A 64 951 -4tc-2-45 .e 475z9 '34 1 6 r-ort 4 144 g-iP p),)-0 14o6-4 Rote_ 6fx, c rrAiX 6taz.r94,4, cli 457 -3 -7 I - 1 i i 2_ 4 15' 040 - i 2.. Pespo-c27i. w Pr P 1.-A-- Pi 12414 A N ( P owl o c-14- ef-Ps---Pre-eSA, L 422-5-0 406i:74 I 4 k 21. Local Agency 22. Federal-Aid 23. Bid Opening 24. Contract Local Agency this form is Local Agency to Complete this Section 15. TOTAL CLAIMED DBE PARTICIPATION Contract Number: Project Number: 6,‘ % Date: Award Date: regardless where 'Su ea .s IMPORTANT: their respective ap 'cable oft . AL of j iBE Identify all OBE firms being claimed for credit, tier. Names of the First Tier DBE Subcontractors and item(s) of work listed above must be consistent, with the names and items of the work in the tor List" submitted with your bid. Written confirmation of is required. e.)II It 7 certifies that all DBE certifications are valid and information on complete and accurate. 25. Local Agency Representatives Signature 26. Date reparers $ ature 17. Date tO .z-PrillZ 'Q55)-4)74 /21)- Z 27 Local Agency Representatives Name 28. Phone 16. Ppiparers Name 19. Phone t iZi‘p--4.-7- 29. Local Agency Representative s Title 20. Preparers Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. Include additional copy with award package. ADA Notice: For indivi alternate duals with sensory dIsablities, this document is available in alteate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 C-22 July 23, 2015 1. Local Agency: a , 2. Contract DBE Goal: Pek () 5-en (,)c - 44374 rz,i, a_k HB -118-Item 10. - 6 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment INSTRUCTIONS — CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder's Name - Enter the contractor's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors — Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors — Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor's name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Claimed DBE Participation Dollars" divided by item "Bid Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GET) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 16. Preparer's Signature - The person completing the DBE commitment form on behalf of the contractor's firm must sign their name. 17. Date - Enter the date the DBE commitment form is signed by the contractor's preparer. 18. Preparer's Name - Enter the name of the person preparing and signing the contractor's DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20. Preparer's Title - Enter the position/title of the person signing the contractor's DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 27. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the contractor's DBE commitment form. 28. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor's DBE commitment form. Page 2 of 2 C-23 July 23,2015 HB -119-Item 10. - 7 G&F Concrete Cutting, Inc. 13653 Alondra Blvd., Santa Fe Springs, CA 90670 562.229.0227 FAX 562.229.0231 7-31-17 State License 590310 IMBE / DBE /1VIBE / WMBE Certified CUCP, Caltrans, MTA & MWD, DIR#1000001776 Project: Magnolia St. Bridge Preventive Maintenance. Huntington Beach, CA Beador Construction Attn: Estimating P. 951-674-7352 dabeador@beador.com CONTRACT PROPOSAL Scope of work as follows: 1) Bid Item 9 Remove Retaining wall. Lump sum Price $16,437.00 *- 2) Bid Item 10 Remove unsound concrete 280 CF. Price per CF $251.69 = $70,473.20 3) Bid Item 11 Remove concrete barrier 180 LF. Price per LF $145.63 = $26,213.40 * Note: Prices are based on work hours between 6am-5pm, Monday-Friday. Standby out our control will be charged at $108.00 per hour per person. Contractor to supply falsework to catch any debris from falling into the water. Contractor to supply access to all locations for the removal of the unsound concrete. Rock next to the retaining walls to be removed by the prime contractor. Included: Two mobilizations included, additional mobilizations will be $864.00 each. Excluded: Layout, SWPPP, retention, license fees, permits/permit fees, cost of bond, engineering, soils test, removal and handling of hazardous or toxic materials, flagging, traffic control, barricades, dust partitions, temporary fencing, removal of shoring or form material, protective covers, demolition utilities, shoring or bracing, locate/cut/cap utilities, excavation, access to work, scaffolding, dowel holes, backfill and compaction, patching or grouting, damage to unknowns in or below slab, wash down, pressure washing, overtime and waiver of subrogation. If accepted, this proposal is to become part of the contract. G&F Concrete Cutting, Inc. Submitted by: Accepted by: Michael Phillips, Estimator Authorized Signature 949-887-7428 Print Name • Quote valid for 90 days from above date. • SBE/DBE/WIVIBEAVIBE Certified. Union Signatory • Any additional permits or licenses for individual cities/job sites, additional charges will apply. Waivers of subrogation add 3%. G&F Concrete Cutting, Inc. will not accept any back-charges unless notified within 24 hours of damages occurring and given sufficient time to identify and repair said back-charges. Bid will revert to T&IVI if no authorized signature is returned before start of job. Page 1 of 1 HB -120-Item 10. - 8 CALIFORNIA UNIFIED CERTIFICATION PROGRAM DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATE G & F CONCRETE CUTTING, INC. PO. BOX 10215 SANTA ANA, CA 92711 0215 Owner :RITA M. VIGIL-FERGUSON Business Structure : CORPORATION This certificate acknowledges that said firm is approved by the California Unified Certification Program (CUCP) as a Disadvantaged Business Enterprise (DBE) as defined by the U.S. Department of Transportation (DOT) CFR 49 Part 26, as may be amended, for the following NAICS codes: NAICS Code(s) * Indicates primary NAICS code * 238910 Site Preparation Contractors 238990 All Other Specialty Trade Contractors Work Category Code(s) C1901 ROADWAY EXCAVATION C5100 CONCRETE STRUCTURE Licenses C08 Concrete Contractor C1920 STRUCTURE EXCAVATION C9980 DEMOLITION C21 Building Moving / Demolition Contractor 006 Concrete Related Services CERTIFYING AGENCY: ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) 550 SOUTH MAIN STREET. PO BOX 14184 ORANGE, CA 92863 1584 (714) 560-5620 UCP Firm Number : 8735 August 1, 2007 CLX:P OFFICER It is CL:CP's policy and objective to promote and maintain a level playing field Cur DBEs In California on Federal-aid contracts. We ensure nondiscrimination in the award and administration of U.S. DOT assisted contracts based on the requirements of .19 CFR Parts 21 and 26. HB -121-Item 10. - 9 )8/01/17 01:01PM PDT DRS Rebar Inc -> 9516747495 Pg 2/7 Bid Proposal Form License #981885 .DBE/SBE/MBE Certified CUCP 443947 DIR Registration #1000048191 Bid Date: 08/01/2017 Project Name: Magnolia Street Preventative Maintenance ITEM ITEM CODE DESCRIPTION QTY. UNIT UNIT PRICE APPROX. TOTAL 17 BAR REINFORCING STEEL 688 LB $2,26 $1558.92 (RETAINING WALL) 20 CONCRETE BARRIER 180 LF $33.16 $5970.42 (TYPE 26 MODIFIED) APPROXIMATE TOTAL: $7529.34, Scope of Work Exclusions 1. All testing and inspection and/or any related costs thereof other than mill test reports. (Rebar, mechanical coupler, and/or welded hoop test bar samples to be provided F.O.B. trucks jobsite). 2. Supplying, installing, and/or maintaining any form of rebar cap or safety device on installed reinforcing steel or stored reinforcing steel. (Per OSHA Standards). 3. Cost of pour watchman. 4. All permits (except hauling) and licenses, other than city/county business licenses and State Contractor's License, required for the work. 5. Cutting, burning, cleaning, straightening and/or bending of existing steel, bars protruding from precast structures, and/or improperly placed drill and grout/bond dowels. HB -122-Item 10. - 10 )8/01/17 01:01PM PDT DRS Rebar Inc —> 9516747495 Pg 3/7 6. Drilling, coring, grouting, dry packing and the placing of bars into and/or through drilled holes. 7. Cost of Bonds. 8. Metal tags and/or original mill tags. 9. Any or all reinforcing steel, and/or wire mesh not shown on drawings unless specifically included in Scope of Work. 10. Rebar placing drawings prepared, reviewed, signed, sealed or stamped by a licensed engineer. 11. All welding. 12. Breakout dowels, formsavers, couplers, etc. and/or installation of the same. 13. Prestressing and/or prestressing material. (including but not limited to any additional reinforcing steel required by any prestressing/post tensioning system. 14. Masonry steel, other than deformed rebar. 15. Added reinforcing in precast work for lifting stresses or pick-up devices. 16. Reworking of any reinforcing steel and/or cables extending from precast piles. 17. Protection of exposed steel for future construction. 18. Installation of steel pile anchor dowels. 19. Rigging and/or setting of prefabricated approach slab mats. 20. Field bending of rebar for contractor's convenience other than by additive quote. 21. The cost of reworking, rehabilitating and/or replacing reinforcing steel damaged or lost as a result of flood conditions, If storm damage should occur, responsibility for steel stored in locations designated by Contractor, shall be for Contractor's account. 22. Traffic control (lane closures, barricades, flagmen, signs, lights, etc.). 23. Any reinforcing referred to as "Spec. Steel", "Allowance", and/or "As directed by Engineer" other than by additive quote. Accessories, wire mesh and/or mechanical couplers will not be included in this type of additive quote. 24. Drilling, coring, and or any excavation involved in the permanent and or temporary placement of Cast-In-Drilled-Hole Rebar cages. 25. The rigging, "setting", supporting, and or bracing of Cast-In-Drilled-Hole Rebar cages, (Cages to be tied and stock-piled) 26. Coating of exposed existing rebar with Epoxy Coating. General Conditions 1. The Contractor shall furnish design information and construction schedules in sufficient time to allow for preparation and approval of submittals (if required). HB -123-Item 10. - 11 )8/01/17 01:01PM PDT DRS Rebar Inc -> 9516747495 Pg 4/7 2. Contractor's acceptance of all the terms and conditions of this Bid/Offer shall be conclusively evidenced by Contractor listing, permitting/directing performance, or signing and returning this offer. 3. Subcontractor may begin performance of work, pending receipt of an executed final agreement. However, should a final mutually acceptable agreement not be forthcoming or should the term and conditions of Subcontractor's offer be altered or modified, Subcontractor reserves the right to immediately stop performance and Contractor agrees to indemnify Subcontractor for all costs and loss of profit. 4. The Contractor shall furnish, without charge, suitable equipment fully operated for hoisting/lowering rebar and accessories, including unloading trucks, staging of rebar and accessories to points of installation, setting of columns, wall cages and/or any other pre-tied assemblies and including any power placing of individual bars that Subcontractor may require. 5. The Contractor is to provide Subcontractor with a minimum of 4 Hours of actual hook time. (Hook time is the amount of time that the hoisting hook is actively supporting any reinforcing steel) (These hours are for Subcontractor use only and do not include hoisting/lowering of materials for any F.O.B. jobsite material and/or unloading, stockpiling and setting of tied and stockpiled cages or mats, all of which must be rigged, unloaded and hoisted by others. 6. All layout lines, grades, and templates, racks and or/bracing shall be provided by Contractor without charge. 7. Full access to all working areas for material, equipment, and manpower. 8. Level space for delivery, assembly and storage of steel, accessible to tractor-semi-trailer deliveries and adjacent to jobsite location where steel is to be and/or hoisted/lowered. 9. Adequate lighting and ventilation as required. Ventilation shall be defined as air that is breathable and free of contaminates produced by contractor and/or other trades. (i.e. sandblasting in close proximity to Subcontractor's "working area", dust being produced by heavy machinery, etc.) 10. The contractor shall provide level space for delivery, assembly and storage of steel, accessible to tractor-semi-trailer deliveries adjacent to jobsite location where steel is to be used and/or hoisted/lowered. 11. No retention shall be withheld on F.O.B. if approved by owner. 12. No back charges or claims of the Contractor for services provided shall be valid except by an agreement in writing. 13. Field labor is to be performed during Subcontractor's regular working hours, eight hours per day, Monday — Friday with the exclusion of Union Holidays (Holidays observed by the Ironworkers' Union). All other labor shall be charged accordingly. (Overtime, weekend, or Holiday rates). 14. Subcontractor shall not be required to continue performance if, after Contractor has received payment for the properly performed work of Subcontractor, timely payments are not made to Subcontractor. HB -124-Item 10. - 12 )8/01/17 01:01PM PDT DRS Rebar Inc —> 9516747495 Pg 5/7 15. Cost of Subcontractor show-up and/or stand-by time, scheduled by the Contractor, when work is not ready shall be for Contractor's account. A sufficient amount of work area must be ready and available for at least eight (8) hours of work per man scheduled that day. 16. All sums not paid when due shall bear an interest rate of 2% per month or the maximum legal rate permitted by law, whichever is greater, and all costs of collection, including attorney fees, shall be paid by Contractor as prescribed by Section 7108.5 of the California Business and Professions Code. 17. No provision of this Subcontract shall serve to void Subcontractor's entitlement to payment for properly performed contract/extra work or suitably stored materials, or to void Subcontractor's right to file a lien, stop notice, and/or claim on its behalf. 18. If Subcontractor is required by the Contractor to perform change order/extra work, said extra work must be authorized in writing by Contractor's Field Management personnel having apparent authority to authorize such extra work or an officer of the Contractor. Such written/executed directives from the Contractor shall constitute acceptance of financial responsibility by Contractor and a billable event upon completion of the work. 19. Subcontractor warrants the merchantability of its work for a period of one (1) year from substantial completion of such work, and excludes any other warranties, express or implied, including any warranties of fitness for a particular purpose. Subcontractor's warranty does not extend to any work that has been misused, abused, modified, improperly or insufficiently maintained; to defects caused by normal wear under normal usage; or to any materials supplied but not manufactured by Subcontractor. Contractor's sole and exclusive remedy in case of nonconforming work is replacement or repair of such work. 20. Contractor shall provide Subcontractor with copies of all contract documents applicable to Subcontractor's performance, duties, or obligations at its Headquarters Office. 21. Subcontractor shall be provided a mutually approved construction schedule providing a reasonable time in which to make delivery of submittals, materials and/or labor so as to commence and complete the performance of the Subcontract. 22. Subcontractor shall not be responsible for delays, accelerations, or defaults where occasioned by any cause beyond its control: delays caused by Owner, General Contractor, Architect and/or Engineers. 23. Subcontractor shall be entitled to equitable adjustment in the Subcontract amount for additional costs due to unanticipated project delays or accelerations caused by the Contractor or others under the direct control of Contractor, and whose acts is not Subcontractor's responsibility. 24. The Contractor shall make no demand for liquidated damages for delays in excess of the amount specified in the Contract Documents and no liquidated damages may be assessed HB -125-Item 10. - 13 )8/01/17 01:01PM PDT DRS Rebar Inc —> 9516747495 Pg 6/7 against Subcontractor for more than the amount paid by the Contractor for unexcused delays to the extent actually caused by the Subcontractor. 25. In the event of any offer under a cost reduction incentive provision of the General Contract and/or change order negotiations, Contractor shall protect Subcontractor's interest and shall keep Subcontractor fully apprised of all other offers, which may affect Subcontractor's job in progress. Contractor shall offer the Subcontractor the right to participate fully in all negotiations relevant to Subcontractor's work. 26. Splices in reinforcing bars and/or construction joint dowels for Contractor's convenience shall be for Contractor's account. Bar splices required due to low overhead, power lines and/or deficiencies in hoisting equipment unless specifically shown on contract drawings at that particular location shall also be for Contractor's account. 27. Subcontractor shall not be liable for repair of any damage caused by others outside the control of subcontractor. Approval for pouring or embedment in concrete shall terminate Subcontractor's responsibility for that portion of the work, 28. Subcontractor shall not be responsible for any information furnished by others, including but not limited to structural design or details, placing plans, bar lists, or bending details. 29. Contractor shall furnish, without charge, templates/starter walls constructed with sufficient accuracy to support vertical reinforcing steel within placing tolerances specified by owner. Templates/Starter walls shall not be double formed before reinforcing steel is installed unless prior approval has been granted by Subcontractor. 30. Contractor shall furnish adequate parking for all Subcontractor employees at no cost to Subcontractor within three (3) standard blocks of the jobsite. If Contractor does not provide this parking, Contractor will pay extra to Subcontractor for all parking related costs, including cost of vehicle parking, cost of shuttle service, and travel time costs while Subcontractor employees are in transit unless specifically included in the Scope of Work/Price or by additive quote, 31. Contractor will provide at all times ongoing full access to all areas of the project for at least one Subcontractor Foreman's truck to provide supplies and accessories as needed for the project. 32. Contractor shall furnish approved work drawings of the temporary support system for columns, wall cages, and/or any assemblies regardless of height, which the bid documents, may require. Contractor shall furnish and maintain adequate bracing, rigging, cables and guys, set all "deadmen" required to guy vertical reinforcing, and comply with the temporary system design. (Rigging includes but is not limited to: chokers, shackles, spreader bars, etc.) 33. Contractor shall furnish proper layout lines for all concrete elements such as footings, slabs, walls, columns, openings, depressions, etc. Subcontractor will layout its own reinforcing steel from the contractor provided lines. 34. Ramps adequate to allow semi-tractor-trailer deliveries of reinforcing steel to point of final placement shall be furnished by Contractor for all work below grade and shall be maintained in HB -126-Item 10. - 14 )8/01/17 01:01PM PDT DRS Rebar Inc -> 9516747495 Pg 7/7 place until all work below grade is complete. If above ramps are not provided, all cost for equivalent service shall be for Contractors account, 35. Contractor shall furnish, at no cost to Subcontractor, hoisting/lowering of employees and materials to points of installation, whenever required. 36. Contractor shall furnish adequate working heavy duty CAL/OSHA scaffolding/platforms as required from which placing of reinforcing steel can be safely performed. 37. DRS Rebar Inc is a Rebar Subcontractor and above quote with this Proposal shall include Placement and furnishing of Reinforcing Steel only for the bid items listed. Certain exclusions may exist as stated in "Scope of Work Exclusions", "General Conditions", or by "Special notes" sections of this Proposal. By: Ruben Sandoval DRS REBAR INC 1255 Kelley Ave Corona, CA 92882 Ruben Sandoval: Owner/President Phone: 951-415-2458 Email: rsandoval2740@yahoo.com HB -127-Item 10. - 15 )8/01/17 01:01PM PDT DRS Rebar Inc -> 9516747495 Pg 1/7 DRS Rebar Inc Phone: 951-415-2459 Fax: Fax To: From: Ruben Sandoval Fax: 951-674-7495 Pages: 7 Re: Rebar bid Proposal Date: August 01, 2017 1255 Kelley Ave, Corona, CA 92882 Brought to you by SmartFaxTM HB -128-Item 10. - 16 AUG-03-2017 07:53 From: To:19516747495 Page:1/2 ROCK STRUCTURES CONSTRUCTION CO. No, 1857 11126 SILVERTON CT Telephone (951) 371-1112 CORONA, CA 92881 **NEW DIR 1000005854** Fax: (951) 278 2802 TO: BEADOR CONSTRUCTION 26320 Tester Circle Corona, CA 92883 ATTENTION: DAVID BEADOR PHONE NUMBER: (951) 674 7352 FAX (951) 674 7495 E mall: dabeadorgbeador.com PROJECT: MAGNOLIA BRIDGE HUNTINGTON BEACH CHANNEL DATE: August 1,2017 **NEW DIR # 1000005854** ROCK STRUCTURES CONSTRUCTION CO. RABE CERTIFIED CITY OF LOS ANGELES - #10082 DBE CERTIFIED CUCP #14054 Page 1 of 3 (LIG. #596470-A) ROCK SLOPE PROTECTION RIP RAP-ROCK SALES HEAVY EQUIPMENT RENTAL HB -129-Item 10. - 17 AUG-03-2017 07:54 From: To:19516747495 Page:2/2 ROCK STRUCTURES Construction Company **NEW DIR # 1000005854** 19511 371-1112 [9511 278-2802 FAX N° 1857 FOR THE CONSTRUCTION OF. DELIVERY OF RIPRAP LOCATED AT: MAGNOLIA BRIDGE HUNTINGTON BEACH CHANNEL DATE. AUG 1 , 2017 IN ACCORDANCE WITH: THIS PROPOSAL INCLUDES: Delivery of Rip Rap — Facing Class includes sales tax and delivery in Semi End Dumps ITEM DESCRIPTION EST UNIT TOTAL NO QTY, UNIT PRICE AMOUNT Facing Rip Rap 320 tons $ 47 $ 15,040 Delivery in Semi end Dumps Delivery in super ten 320 tons $ 56 $ 17,920 MAIN OFFICE 11126 SILVERTON CT CORONA, CA 92881 TEL: (951) 371.1112 FAX. (951) 278-2802 CELL . (951) 818-1670 Page J. of 1 (LIC #596470-A) ROCK SLOPE PROTECTION RIP RAP-ROCK SALES HEAVY EQUIPMENT RENTAL HB -130-Item 10. - 18 01/17/2008 01:09 8059290501 PAGE 01/01 rib LA FIR CSLB 904563, DIR 1000005131, DBE 39322 110 5. Mary Ave Ste #2 #103 Nipomo, CA 9344d Phone: 805-748-8576 Fax; 805-929-0501 E-Mail; vb@lafirmainc.corn 08/01/2017 Project: Magnolia Street Bridge Preventive Maintenance CC-1448 Huntington Beach, California We are pleased to provide you with a bid for the items listed below based on plans and specifications and (0) addendum Description Prepare Storm Water Pollution Prevention LS Plan lx $2,250.00 =$2,250.00 Unit Quantity Unit Price Total Exclusions and qualifications. 1. Special testing and permits not in contract. 2. Price includes (1) electronic copy and (5) printed copies. 3. BMP materials and supplies not in contract, 4. Final Hard Copies delivered when we receive final payment. 5, Price Good For 90 Days Only. 6. Annual Report ($1000) and NOT ($600) not in the contract. THANK YOU FOR YOUR TIME AND CONSIDERATION, VICENTE BRAVO. HB -131-Item 10. - 19 Dept. ID PW 17-050 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: On August 1, 2017, bids were opened for the Brookhurst Street Bridge Preventive Maintenance, CC-1449. Staff requests that the City Council award the contract to Beador Construction Company, Inc., the lowest responsive and responsible bidder. Financial Impact: A total of $80,802 is currently available in Gas Tax account 20790010.82800. An additional appropriation of $80,000 from the Gas Tax undesignated fund balance is requested to provide the total grant match of $154,012 and additional salary charges towards the project. Approximately 88% of eligible construction costs will be reimbursed to the City through Bridge Preventive Maintenance Program (BPMP) grant funds, up to a maximum of $1,188,719. An appropriation to the Bridge Preventive Maintenance Program (BPMP) grant account 97085001.82800 is requested. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Beador Construction Company, Inc., in the amount of $866,300.00; and, B) Appropriate $80,000 from the Gas Tax (207) undesignated fund balance to account 20790010.82800; and, C) Appropriate $1,188,719 in grant funds to BPMP grant account 97085001.82800; and, D) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: The Brookhurst Street Bridge was constructed in 1958. Parts of the bridge have deteriorated due to vehicular traffic and from tidal flux over the past five decades. This bridge preventive maintenance project consists primarily of the removal and replacement of the concrete barriers and CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract with Beador Construction Company, Inc. in the amount of $866,300.00 for the Brookhurst Street Bridge Preventive Maintenance, CC-1449; and, approve an appropriation of funds to the Bridge Preventive Maintenance Program grant fund account HB -132-Item 11. - 1 Dept. ID PW 17-050 Page 2 of 2 Meeting Date: 8/21/2017 chain link railing; removal and patching of unsound concrete at the bridge bents and columns; removal and replacement of AC pavement overlay; and appurtenant work as required. Bids were opened publicly on August 1, 2017. The verified bid amounts are listed below: Bidding Contractor Submitted Bid Verified Bid Beador Construction Company, Inc.* $866,300.00 $866,300.00 John S. Meek Company, Inc. $894,587.50 $894,587.50 Peterson-Chase General Engineering Construction, Inc. $896,686.00 $896,686.00 United Engineering & Construction, Inc. $962,864.28 $962,864.28 *See Attachment 2 As announced at the public bid opening, Beador Construction Company, Inc. submitted the apparent low bid of $866,300.00. Upon review of the bid package, staff found discrepancies in the bid amount and promptly notified the bidder. On August 7, 2017, Beador Construction Company, Inc. submitted the attached correspondence to explain the discrepancies. Staff found the documentation and references submitted by Beador Construction Company, Inc. to be acceptable. Therefore, staff recommends award of the construction contract to Beador Construction Company, Inc., in the amount of $866,300.00. The total estimated project cost, including the construction contract, contingencies, supplementals, environmental monitoring, and project management is approximately $1,342,000. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1448 on August 19, 2015, with a vote of 7-0-0-0. Environmental Status: A Categorical Exclusion was approved on September 15, 2015, in compliance with NEPA. Mitigated Negative Declaration No. 14-006 was approved on April 15, 2015, in compliance with CEQA. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map 2. Correspondence from Beador Construction Company, Inc. dated August 7, 2017 HB -133-Item 11. - 2 BVSA Mc FADDEN EDINGER PACIFIC AVE. YORKTOWN ADAMS INDIANAPOLIS to a z ATLANTA ° HAMI LTON AVE. AVE. re AVE. mi AVE. / BANNING OCEAN PROJECT AREA VICINITY MAP N.T.S. LOCATION MAP N.T.S. HB -134-Item 11. - 3 B Beador Construction Company, Inc. August 7, 2017 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Jonathan Claudio, PE Senior Civil Engineer RE: Acknowledgement of Addendum 1 and Confirmation of Bid Price Brookhurst Avenue Bridge Preventive Maintenance, C.C. No. 1449 Mr. Claudio: In response to our bid on August 1 st for the aforementioned project, we hereby provide the following acknowledgement: 1) Addendum 1 Receipt. Sign copy attached. The addendum had no impact on our bid prices and/or costs as we are a union contractor and already utilize the established prevailing wage rates in our bid and estimate thereof. 2) Our submitted lump price of $866,300.00 was the correct lump sum and intended bid amount. As I understand, the submitted extended contract item unit pricing did not compile to this amount which was an inadvertent error due to two minor errors. Our spreadsheet was inaccurately tabulated and did not include item 1. Moreover, our bid spreadsheet estimated quantity on item 18, was incorrectly input at 13,874 SF in lieu of the actual estimated quantity of 16,874 SF thus raising the bid total when extended using the correct quantity (add of 3000 SF @ $1.50 per SF) by an additional $4500.00. As such, item 1 should remain $44,000.00, item 18 unit price should remain at $1.50 (extended to $25,311.00) and item 5 should be reduced by adding the inadvertent sums above of $44,000.00 and $4,500.00 bringing it to $109,253.00. We apologize for the confusion. Should you have any further questions, comments or concerns, please feel free to contact me. Sincerely, Beador Construlti* Company, Inc. David A. BeadoifPresident 26320 Lester Circle Corona, CA 92883 0(951) 674-7352 • (951) 674-7495 Fax • License #720483 HB -135-Item 11. - 4 Local Assistance Procedures Manual Exhibit 15-C Construction Contract DBE Commitment EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: 3. Project Description: 13(2cOiacoa.5r ‘Atf4-r R7 1 0 6 f 04.4 rs tit 4. Project Location: 1-6 0:7-11.1‘1.--f f_41-1 0--11 5. Bidder's Name: RiAixe_. oak 111)4...,-1 & :n-re( . 8. Prime Certified DBE: D 7. Bld Amount: 4 300 8. Total Dollar Amount for ALL Subcontractors: 14.2-0 ,,, &Il) 2. 9. Total Number of al. Subcontractors: 10. Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13. OBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount 12.03 12-S•sif..)447 riNiLskli,t..t!] Ca./...e6-2Q-Jrz.--. 2 1‘,..mdic_ 6.:46e‘.4--z- eivizerr-e.._ VI-P&'735- tv i c Cle-42.,(e.rz- earr(4.11 4.)-erA- 'Et •Poz.4 ,.•,.1..1 crA 4 5Z i 6253.44 11710 d.‘"IcA2-'4-1E- Fereg-tzerf - i?Cr030-2.. CucP Da.5 excai.e. -P-eC- Ca1-a•-•••1--6 rai 9 si_.415- _vise OfO i /91-.4-6 5- -Teper- c 6+-e red ?___ --I e0.4r4rL 55.74 2... 11 tA._ i....4t.2e l- 4..trC..e.46,C Mir-9 P-t AI cC gs) -5'W-9 0 31c0, to - 1-A- 4 4 1 ._ eAs----74C - 11 Z2 St) - Pclecq14-e--: Ge41-51-4 f_i-ii--1( 14 S rocc r12-AT-17,e_ NIA, ..-e ra.-111-4 et. L4 i2-'411 , CA- 0 .9 - SC 0 9c3`,0 4 13,343,7 Local Agency to Complete this Section 15. TOTAL CLAIMED DBE PARTICIPATION 21. Local Agency 22. Federal-Aid 23. Bid Opening 24. Contract Local Agency this form is Contract Number: Project Number: ID .1. Date: Award Date: IMPORTANT: identify all DBE firms being claimed for credit regardless of tier. Names of the First Tier DBE Subcontractors and their respective Item(s) of work listed above must be consistent, where a pli • - with the names and items of the work in the "Subc ra st" submitted with your bid. Written confirmation of each cc is required. ... J.. certifies that all DBE certifications are valid and information on complete and accurate, 25. Local Agency Representative's Signature 26. Date 16. reparers Signature 17. Date NU+ r, .-19-01.42___ 'S.) -6 -74--7 SZ- 27. Local Agency Representative's Name 28. Phone 18. Preparers Name 19. Phone 29. Local Agency Representative's Title 20. Preparers Title DISTRIBUTION; 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. Include additional copy with award package. ADA Notice: For individuals with sensory dIsablities, this document is available In alternate formats, For information call (916) 654-6410 or TDD (918) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 C-22 July 23, 2015 e l 4 op kriv-1-).-t I.-4 AC-11--i 2. Contract DBE Goal: it 9 -u 4141 (412 t1-4, HB -136-Item 11. - 5 Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment INSTRUCTIONS — CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). S. Bidder's Name - Enter the contractor's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors — Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors — Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor's name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor lithe prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Claimed DBE Participation Dollars" divided by item "Bid Amount"). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GEE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 16. Preparer's Signature - The person completing the DBE commitment form on behalf of the contractor's firm must sign their name. 17. Date - Enter the date the DBE commitment form is signed by the contractor's preparer. 18. Preparer's Name - Enter the name of the person preparing and signing the contractor's DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20. Preparer's Title - Enter the position/title of the person signing the contractor's DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 27. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the contractor's DBE commitment form. 28. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor's DBE commitment form. Page 2 of 2 C-23 July 23,2015 HB -137-Item 11. - 6 G&F Concrete Cutting, Inc. 13653 Alondra Blvd., Santa Fe Springs, CA 90670 562.229.0227 FAX 562.229.0231 7-31-17 State License 590310 UDBE / DBE / MBE / WMBE Certified CUCP, Caltrans, MTA & MVVD, DIR#1000001776 Project: Brookhurst St. Bridge Preventive Maintenance. Huntington Beach, CA Beador Construction Attn: Estimating P. 951-674-7352 dabeador@beador.com CONTRACT PROPOSAL Scope of work as follows: 1) Bid Item 12 Remove unsound concrete 34 CF. Price per CF $320.00 = $10,880.00 2) Bid Item 13 Remove concrete barrier 317 LF. Price per LF $144.32 = $45,749.44 Note: Prices are based on work hours between 6am-5pm, Monday-Friday. Standby out our control will be charged at $108.00 per hour per person. Contractor to supply falsework to catch any debris from falling into the water. Contractor to supply access to all locations for the removal of the unsound concrete. Included: Two mobilizations included, additional mobilizations will be $864.00 each. Excluded: Layout, SWPPP, retention, license fees, permits/permit fees, cost of bond, engineering, soils test, removal and handling of hazardous or toxic materials, flagging, traffic control, barricades, dust partitions, temporary fencing, removal of shoring or form material, protective covers, demolition utilities, shoring or bracing, locate/cut/cap utilities, excavation, access to work, scaffolding, dowel holes, backfill and compaction, patching or grouting, damage to unknowns in or below slab, wash down, pressure washing, overtime and waiver of subrogation. If accepted, this proposal is to become part of the contract. G&F Concrete Cutting, Inc. Submitted by: Accepted by: Michael Phillips, Estimator Authorized Signature 949-887-7428 Print Name • Quote valid for 90 days from above date. • SBE/DBE/WMBE/MBE Certified. Union Signatory • Any additional permits or licenses for individual cities/job sites, additional charges will apply. Waivers of subrogation add 3%. G&F Concrete Cutting, Inc. will not accept any back-charges unless notified within 24 hours of damages occurring and given sufficient time to identify and repair said back-charges. Bid will revert to T&M if no authorized signature is returned before start of job. Page 1 of 1 HB -138-Item 11. - 7 CALIFORNIA UNIFIED CERTIFICATION PROGRAM DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATE G & F CONCRETE CUTTING, INC. PO. BOX 10215 SANTA ANA, CA 92711 0215 Owner :RITA M. VIGIL-FERGUSON Business Structure : CORPORATION This certificate acknowledges that said firm is approved by the California Unified Certification Program (CUCP) as a Disadvantaged Business Enterprise (DBE) as defined by the U.S. Department of Transportation (DOT) CFR 49 Part 26, as may be amended, for the following NAICS codes: NAICS Code(s) * Indicates primary NAICS code * 238910 Site Preparation Contractors 238990 Al! Other Specialty Trade Contractors Work Category Code(s) C2901 ROADWAY EXCAVATION C5100 CONCRETE STRUCTURE Licenses C08 Concrete Contractor C1920 STRUCTURE EXCAVATION C9980 DEMOLITION C21 Building Moving / Demolition Contractor 006 Concrete Related Services CERTIFYING AGENCY: ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) 550 SOUTH MAIN STREET. PO BOX 14184 ORANGE, CA 92863 1584 (714) 560-5620 UCP Firm Number : 8735 August 1, 2007 CUCP OFFICER It is Crax's policy and objective co promote and maintain level playing, fidd fur DlitEs in California on Federal-aid contracts. We ensure nondiscrimination in the award and administration of U.S. DOT assisted enncracrs based on the requirements of 49 CFR Parts 21 and 26. HB -139-Item 11. - 8 )8/01/17 01:10PM PDT DRS Rebar Inc —> 9516747495 Pg 2/7 Bid Proposal Form License #981885 DBE/SBE/MBE Certified CUCP #43947 DIR Registration #1000048191 Bid Date: 08/01/2017 Project Name: Brookhurst Street Preventative Maintenance ITEM ITEM CODE DESCRIPTION QTY. UNIT UNIT PRICE APPROX. TOTAL 16 CONCRETE BARRIER 317 LF $32.34 $10,254.48 (TYPE 26 MODIFIED) APPROXIMATE TOTAL: $10,254.48 Special Note Price does not include additional rebar where existing has more than 20% reduction in the cross- sectional diameter. Scope of Work Exclusions 1. All testing and inspection and/or any related costs thereof other than mill test reports. (Rebar, mechanical coupler, and/or welded hoop test bar samples to be provided F.O.B. trucks jobsite). 2. Supplying, installing, and/or maintaining any form of rebar cap or safety device on installed reinforcing steel or stored reinforcing steel. (Per OSHA Standards). 3. Cost of pour watchman. HB -140-Item 11. - 9 )8/01/17 01:10PM PDT DRS Rebar Inc —> 9516747495 Pg 3/7 4. All permits (except hauling) and licenses, other than city/county business licenses and State Contractor's License, required for the work. 5. Cutting, burning, cleaning, straightening and/or bending of existing steel, bars protruding from precast structures, and/or improperly placed drill and grout/bond dowels. 6. Drilling, coring, grouting, dry packing and the placing of bars into and/or through drilled holes. 7. Cost of Bonds, 8. Metal tags and/or original mill tags. 9. Any or all reinforcing steel, and/or wire mesh not shown on drawings unless specifically included in Scope of Work. 10. Rebar placing drawings prepared, reviewed, signed, sealed or stamped by a licensed engineer. 11. All welding. 12. Breakout dowels, formsavers, couplers, etc. and/or installation of the same. 13. Prestressing and/or prestressing material. (including but not limited to any additional reinforcing steel required by any prestressing/post tensioning system. 14. Masonry steel, other than deformed rebar. 15. Added reinforcing in precast work for lifting stresses or pick-up devices. 16. Reworking of any reinforcing steel and/or cables extending from precast piles, 17. Protection of exposed steel for future construction. 18. Installation of steel pile anchor dowels. 19. Rigging and/or setting of prefabricated approach slab mats. 20. Field bending of rebar for contractor's convenience other than by additive quote. 21. The cost of reworking, rehabilitating and/or replacing reinforcing steel damaged or lost as a result of flood conditions. If storm damage should occu r, responsibility for steel stored in locations designated by Contractor, shall be for Contractor's account. 22. Traffic control (lane closures, barricades, flagmen, signs, lights, etc.). 23. Any reinforcing referred to as "Spec, Steel", "Allowance", and/or "As directed by Engineer" other than by additive quote. Accessories, wire mesh and/or mechanical couplers will not be included in this type of additive quote. 24. Drilling, coring, and or any excavation involved in the permanent and or temporary placement of Cast-In-Drilled-Hole Rebar cages. 25. The rigging, "setting", supporting, and or bracing of Cast-In-Drilled-Hole Rebar cages. (Cages to be tied and stock-piled) 26. Coating of exposed existing rebar with Epoxy Coating. HB -141-Item 11. - 10 )8/01/17 01:10PM PDT DRS Rebar Inc -> 9516747495 Pg 4/7 General Conditions 1. The Contractor shall furnish design information and construction schedules in sufficient time to allow for preparation and approval of submittals (if required). 2. Contractor's acceptance of all the terms and conditions of this Bid/Offer shall be conclusively evidenced by Contractor listing, permitting/directing performance, or signing and returning this offer. 3. Subcontractor may begin performance of work, pending receipt of an executed final agreement. However, should a final mutually acceptable agreement not be forthcoming or should the term and conditions of Subcontractor's offer be altered or modified, Subcontractor reserves the right to immediately stop performance and Contractor agrees to indemnify Subcontractor for all costs and loss of profit. 4. The Contractor shall furnish, without charge, suitable equipment fully operated for hoisting/lowering rebar and accessories, including unloading trucks, staging of rebar and accessories to points of installation, setting of columns, wall cages and/or any other pre-tied assemblies and including any power placing of individual bars that Subcontractor may require. 5. The Contractor is to provide Subcontractor with a minimum of 2 Hours of actual hook time. (Hook time is the amount of time that the hoisting hook is actively supporting any reinforcing steel) (These hours are for Subcontractor use only and do not include hoisting/lowering of materials for any F.O.B. jobsite material and/or unloading, stockpiling and setting of tied and stockpiled cages or mats, all of which must be rigged, unloaded and hoisted by others. 6. All layout lines, grades, and templates, racks and or/bracing shall be provided by Contractor without charge, 7. Full access to all working areas for material, equipment, and manpower. R. Level space for delivery, assembly and storage of steel, accessible to tractor-semi-trailer deliveries and adjacent to jobsite location where steel is to be and/or hoisted/lowered. 9. Adequate lighting and ventilation as required. Ventilation shall be defined as air that is breathable and free of contaminates produced by contractor and/or other trades. (i.e. sandblasting in close proximity to Subcontractor's "working area", dust being produced by heavy machinery, etc.) 10. The contractor shall provide level space for delivery, assembly and storage of steel, accessible to tractor-semi-trailer deliveries adjacent to jobsite location where steel is to be used and/or hoisted/lowered. 11. No retention shall be withheld on F.O.B. if approved by owner. 12. No back charges or claims of the Contractor for services provided shall be valid except by an agreement in writing. 13. Field labor is to be performed during Subcontractor's regular working hours, eight hours per day, Monday — Friday with the exclusion of Union Holidays (Holidays observed by the HB -142-Item 11. - 11 )8/01/17 01:10PM PDT DRS Rebar Inc —> 9516747495 Pg 5/7 Ironworkers' Union). All other labor shall be charged accordingly, (Overtime, weekend, or Holiday rates). Night work is excluded except by additive quote, 14. Subcontractor shall not be required to continue performance if, after Contractor has received payment for the properly performed work of Subcontractor, timely payments are not made to Subcontractor. 15. Cost of Subcontractor show-up and/or stand-by time, scheduled by the Contractor, when work is not ready shall be for Contractor's account. A sufficient amount of work area must be ready and available for at least eight (8) hours of work per man scheduled that day. 16. All sums not paid when due shall bear an interest rate of 2% per month or the maximum legal rate permitted by law, whichever is greater, and all costs of collection, including attorney fees, shall be paid by Contractor as prescribed by Section 7108.5 of the California Business and Professions Code, 17. No provision of this Subcontract shall serve to void Subcontractor's entitlement to payment for properly performed contract/extra work or suitably stored materials, or to void Subcontractor's right to file a lien, stop notice, and/or claim on its behalf, 18. If Subcontractor is required by the Contractor to perform change order/extra work, said extra work must be authorized in writing by Contractor's Field Management personnel having apparent authority to authorize such extra work or an officer of the Contractor. Such written/executed directives from the Contractor shall constitute acceptance of financial responsibility by Contractor and a billable event upon completion of the work. 19. Subcontractor warrants the merchantability of its work for a period of one (1) year from substantial completion of such work, and excludes any other warranties, express or implied, including any warranties of fitness for a particular purpose. Subcontractor's warranty does not extend to any work that has been misused, abused, modified, improperly or insufficiently maintained; to defects caused by normal wear under normal usage; or to any materials supplied but not manufactured by Subcontractor. Contractor's sole and exclusive remedy in case of nonconforming work is replacement or repair of such work. 20. Contractor shall provide Subcontractor with copies of all contract documents applicable to Subcontractor's performance, duties, or obligations at its Headquarters Office. 21. Subcontractor shall be provided a mutually approved construction schedule providing a reasonable time in which to make delivery of submittals, materials and/or labor so as to commence and complete the performance of the Subcontract. 22. Subcontractor shall not be responsible for delays, accelerations, or defaults where occasioned by any cause beyond its control: delays caused by Owner, General Contractor, Architect and/or Engineers. 23. Subcontractor shall be entitled to equitable adjustment in the Subcontract amount for additional costs due to unanticipated project delays or accelerations caused by the Contractor HB -143-Item 11. - 12 )8/01/17 01:10PM PDT DRS Rebar Inc —> 9516747495 Pg 6/7 or others under the direct control of Contractor, and whose acts is not Subcontractor's responsibility, 24. The Contractor shall make no demand for liquidated damages for delays in excess of the amount specified in the Contract Documents and no liquidated damages may be assessed against Subcontractor for more than the amount paid by the Contractor for unexcused delays to the extent actually caused by the Subcontractor. 25. In the event of any offer under a cost reduction incentive provision of the General Contract and/or change order negotiations, Contractor shall protect Subcontractor's interest and shall keep Subcontractor fully apprised of all other offers, which may affect Subcontractor's job in progress. Contractor shall offer the Subcontractor the right to participate fully in all negotiations relevant to Subcontractor's work. 26. Splices in reinforcing bars and/or construction joint dowels for Contractor's convenience shall be for Contractor's account. Bar splices required due to low overhead, power lines and/or deficiencies in hoisting equipment unless specifically shown on contract drawings at that particular location shall also be for Contractor's account. 27. Subcontractor shall not be liable for repair of any damage caused by others outside the control of subcontractor. Approval for pouring or embedment in concrete shall terminate Subcontractor's responsibility for that portion of the work, 28. Subcontractor shall not be responsible for any information furnished by others, including but not limited to structural design or details, placing plans, bar lists, or bending details. 29. Contractor shall furnish, without charge, templates/starter walls constructed with sufficient accuracy to support vertical reinforcing steel within placing tolerances specified by owner. Templates/Starter walls shall not be double formed before reinforcing steel is installed unless prior approval has been granted by Subcontractor, 30. Contractor shall furnish adequate parking for all Subcontractor employees at no cost to Subcontractor within three (3) standard blocks of the jobsite. If Contractor does not provide this parking, Contractor will pay extra to Subcontractor for all parking related costs, including cost of vehicle parking, cost of shuttle service, and travel time costs while Subcontractor employees are in transit unless specifically included in the Scope of Work/Price or by additive quote. 31. Contractor will provide at all times ongoing full access to all areas of the project for at least one Subcontractor Foreman's truck to provide supplies and accessories as needed for the project. 32. Contractor shall furnish approved work drawings of the temporary support system for columns, wall cages, and/or any assemblies regardless of height, which the bid documents, may require. Contractor shall furnish and maintain adequate bracing, rigging, cables and guys, set all "deadmen" required to guy vertical reinforcing, and comply with the temporary system design. (Rigging includes but is not limited to: chokers, shackles, spreader bars, etc.) HB -144-Item 11. - 13 )8/01/17 01:10PM PDT DRS Rebar Inc —> 9516747495 Pg 7/7 33. Contractor shall furnish proper layout lines for all concrete elements such as footings, slabs, walls, columns, openings, depressions, etc. Subcontractor will layout its own reinforcing steel from the contractor provided lines. 34. Ramps adequate to allow semi-tractor-trailer deliveries of reinforcing steel to point of final placement shall be furnished by Contractor for all work below grade and shall be maintained in place until all work below grade is complete. If above ramps are not provided, all cost for equivalent service shall be for Contractors account, 35. Contractor shall furnish, at no cost to Subcontractor, hoisting/lowering of employees and materials to points of installation, whenever required. 36. Contractor shall furnish adequate working heavy duty CAL/OSHA scaffolding/platforms as required from which placing of reinforcing steel can be safely performed. 37. DRS Rebar Inc is a Rebar Subcontractor and above quote with this Proposal shall include Placement and furnishing of Reinforcing Steel only for the bid items listed. Certain exclusions may exist as stated in "Scope of Work Exclusions", "General Conditions", or by "Special notes" sections of this Proposal. By Ruben Sandoval DRS REBAR INC 1255 Kelley Ave Corona, CA 92882 Ruben Sandoval: Owner/President Phone: 951-415-2458 Email: rsandoval2740@yahoo.com HB -145-Item 11. - 14 Jul 31 1707:19a Full Trafiic Maintenance 951 520 9980 p.2 FULL TRAFFIC MAINTENANCE, INC. State License 4780910 (A-C31) - DBE/MBEtSB - DIR 41000005561 Etetter BBB Business —77 Bureau , TRAFFIC CONTROL SUB-CONTRACTOR QUOTATION Attn: Estimator Project: Brookhurst Street Bridge Preventative Maintenance City of Hunting Beach, CA Date: July 31 , 2017 Prices are good from7t1/17-6/30/18 Item Description Amount Option 1 One lane, one direction, two-man crew one mile only Option 3 Any add'I closures (i.e. Flip flops, opposite direction) w/ same crew Option 4 For each additional lane add Option 5 For each additional mile add OptiorA___On-rarap_e_losure w/lane closure 1-3 ramps add (Option 9 City street lane closure/detour Option 10 Ramp closure, 1- 4 ramps Option 11 Shoulder closures Option V Attenuator truck w/driver 8-hour shift. Plus 5.65 a mile Option 1(a) Two-man crew flagging for 8-hour shift $ 1590.35 $ 795.17 $ 122.93 $ 122.93 $ 122.93 1590.35 $ 1590.35 $ 1590,35 $ 1202.84 $ 1590.35 54D. (60,-rn-0 We need one hour set up time and one hour pick up time. Please provide 10 workingstt'aVtotiZFEefore job begins. This is a basic traffic control quote. No construction area signs were quoted for this project. If this project requires portable transverse rumble strips, please contact our office for quote. Rates listed above are the standard rates and does not include any rumble strips. Additional provisions: A. Shift prices are for eight (8) hours. Overtime will be billed at $116.81 per person-hour. B. Multiply rates by 1.5 for Saturdays and 2 for Sundays and Holidays and after 12 hours of work will be billed at $155.73. C. F.T.M. is signatory with the Laborers union and certified with the State. Travel time and per diem are not included in price; charges will apply for all Travel Time (TT) occurring before or after the 8-hour shift. D. Payment is due within thirty days from invoice date 13% Monthly Finance Charge after 30 days. E. No retention for traffic control. F. If required additional equipment (i.e. Changeable Message Sign, Attenuator Truck) to be provided by F.T.M. for an additional charge. G. Prime Contractor is responsible to obtain all permits required from Cities involved. H. Prime Contractor is responsible to coordinate and pay for Highway patrol unit. I. Additional 3 1/2 percent increases added every year on June 30 6 • This proposal will become part of any contract. J. If Special wording insurance is needed the amount to be paid by Contractor along with Waivers of Subrogation Insurance the % of payroll will be charged to contractor. If notary services are required, Prime Contractor is responsible for those charges. K. If equipment is rented for set up only, contractor is responsible for closure and equipment until FTM picks it up. L. No work will be performed until this proposal is signed and faxed/mailed to our Corona office. If you need a bid for the signs please fax plans to 951-520-9980. Thank you for the opportunity, Sammy Salgado Full Traffic Maintenance, Inc. 217 Lewis Court, Corona, CA 92882 Office: (951) 520-9990 Fax: (951) 520-9980 Signature of Acceptance Title Date HB -146-Item 11. - 15 Jul 31 17 07:19a Full Trafiic Maintenance 951 520 9980 P.3 FULL TRAFFIC MAINTANENCE INC, DBE CERTIFIED 217 Lewis Court, Corona CA 92882 Phone (951)520-9990 Fax (951)520-9980 FULLTRAFFIC@SBCGLOBALNET DBE Certified #35742 To: Estimator Date: July 31, 2017 *Light Tower Rental $85.00 per day - $255.00 per week - $765.00 per month *Solar Arrow Board Rental $30.00 per day - $130.00 per week - $400.00 per month *Changeable Message Sign Rental $85.00 per day - $340.00 per week - $915.00 per month *Impact Attenuator Vehicle Rental $265.00 per day - $1040.00 per week - $2890.00 per month (mileage fee of $.50 per mile — portal to portal) *Traffic Truck Vehicle Rental $265.00 per day - $1040.00 per week - $2890.00 per month (mileage fee of $50 per mile — portal to portal) * All equipment rentals are subject to a delivery and pick up charge * All rentals and material are subject to availability * See second sheet for price on sales items Submitted by: Sammy Salgado Date: Company: Accepted by: HB -147-Item 11. - 16 Jul 31 17 07:19a Full Trafiic Maintenance 951 520 9980 p.4 217 Lewis Court Corona, CA 92882 Website: wwwftminc.net Office: 951.520.9990 Email: fulltraffic@sbcglobal.net Fax: 951.520.99809 48"X48" 48" CRASH BARRELS CHANNELIZERS BUTYL PADS (8X8) REFLECTIVE ROLL UP SIGNS REFLECTIVE LEFT PATCH STAY & BRACKET SPRING STAND TYPE I BARRICADE TYPE II BARRICADE TYPE III BARRICADE W/FEET ANSI CLASS II VEST ANSI CLASS III VEST ANSI REFLECTIVE MESH PANTS ANSI REFLECTIVE WATER PROOF PANTS ANSI CLASS II PARKA 28" 10LB 6/4 CONE (FREEWAY) 28" 7LB 6/4 CONE DELINEATOR W/121B BASE CUSTOM ALUMIUM SIGNS $ 195.00 ea. 16.10 ea. $ 2.10 ea. $ 95.30 ea. $ 18.50 ea. $ 17.30 ea. $ 117.30 ea. $ 23.95 ea. $ 25.50 ea. $ 86.90 ea. $ 12.50 ea. (add $3.00 for each X after 2XL) $ 16.35 ea. (add $3.00 for each X after 2X1) $ 16.00 ea. (add $3.00 for each X after 2XL) $ 19.50 ea. (add $3.00 for each X after 2XL) $ 38.25 ea. (add $3.00 for each X after 2X1) $ 16.10 ea. $ 13.90 ea. 5 16.15 ea. CALL FOR QUOTE #200, 400, 700, 1400 & 2100 36" ALL EQUIPMENT RENTALS AND MATERIAL ARE SUBJECT TO AVAILABILITY*ALL PR I I C I N G I S S U B J E C T T O C H A N G E HB -148-Item 11. - 17 CALIFORNIA UNIFIED CERTIFICATION PROGRAM DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATE FULL TRAFFIC MAINTENANCE, INC. 29 MUSA FRI-SCA R SANTA MARGARITA. CA 92h1ift 951 5 20 99 80 Owner: SAMUEL SALGADO Business Structure: CORPORATION This certificate ackiumittiges that said firm is approved by the California Unified Certlficailon Program (CUCP) as a Disadvantaged Business Enterprise (DBE) as defined the U.S. Department of Transportation (DOT) CFR 49 Part 26, as may be amended, for the following NAICS codes: NAICS Code(s) * Indicates primary NAICS code 5619W1 All Other Support Services Fu l l Tra f iic Ma in tena n ce Licenses A General Engineering Contractor CERTIFYING AGENCY: CITY OF IA ANGELFS 1149 SOLIllt BROADWAY S1R1iI 1.05 ANGELES, CA 96015 ttOIR/ 11er Finn Number : 7.77 35742 P.7 July IS. 200 (2131 N47-1922 CUCP 0F1ICE.12 0 HB -149-Item 11. - 18 Jul 31 1707;19a Full Trafiic Maintenance 951 520 9980 p.6 5/412016 Unified Certifickion Progracn Back To Queiy Form Search Returned 1 Records Query Criteria Firm ID: 35742 Licenses: A General Engineering Contractor Firm Type: DBE Wed May 04 14:06:59 PDT 2016 Firm ID Firm/DBA Name Address Linel Address Line2 City State Zip Codel Zip Code2 Mailing Address Linel Mailing Address Line2 Mailing City Mailing State Mailing Zip Cadet Mailing Zip Code2 Certification Type EMail Contact Name Area Code Phone Number Alt Area Code Alt Phone Number Fax Area Code Fax Phone Number Agency Name Counties Districts DBE NAICS ACDBE NAICS Work Codes Licenses Trucks Gender Ethnicity Firm Type 35742 FULL TRAFFIC MAINTENANCE, INC. 217 LEWIS COURT CORONA CA 92882 DBE sammysalgadogsbcglobal.net SAMUEL J. SALGADO ( 961 ) 520-9990 ) (951 ) 520-9980 CITY OF LOS ANGELES 19; 30; 33; 36:37; 07; OB: 11: 12: 56/990; C0612 SAFETY SUPPLIER; C0800 Traffic Stnping. Marting and Traffic Control Materials Supp l i e r . C 1 2 0 0 CONSTRUCTION AREA SIGNS; C120 t TRAFFIC CONTROL SYSTEM: 05601 SIGN STR U C T U R E ; C 5 6 2 0 ROADSIDE SIGN: 08605 MESSAGE SIGNS. LIGHTING & SIGN ILLUMINATION; A General Engineering Contractor, 031 Construction Zone Traffic Control Contractor; C61 Lim i t e d S p e c i a l t y Contractor. 042 Sign fnstallatton: HISPANIC DBE Back To Query Form http-JAvww.dot_ca.goviucpnQuerySubmitdo 1)1 HB -150-Item 11. - 19 Fun Traffic Maintenance, Inc. 217 Lewis Court QUOTE Corona, Ca. 92882 SHEET 951-520-9990 951-520-9980 fax BEADOR CONSTRUCTION BROOKHURST BRIDGE or- SLED TL-2 $6,125.00 each ABSORB 350 TL-2 $6,192.00 each Plus tax 11 6 ft;') z_ oo L2 1 2(364.00 t I 3, 34 3 . 7 HB -151-Item 11. - 20 01/17/2008 00:42 8059290501 PAGE 01/01 rAN. LA FIRMA CSLB 904563, D1R 1000005131, DBE 39322 1105. Mary Ave Ste. #2 #103 Nipomo, CA 93444 Phone: 805-748-8576 Fax; 805-929-0501 E-Mail: vb@lafirmainc.com 08/01/2017 Project: Brookhurst Street Bridge Preventive Maintenance CC-1449 Huntington Beach, California We are pleased to provide you with a bid for the items listed below based on plans and specifications and (0) addendum Description Unit Quantity Unit Price Total Prepare Storm Water Pollution Prevention LS lx $2,250.00 =$2,250.00 Plan Exclusions and qualifications. 1. Special testing and permits not in contract. 2. Price includes (1) electronic copy and (5) printed copies. 3, BMP materials and supplies not in contract. 4. Final Hard Copies delivered when we receive final payment. 5. Price Good For 90 Days Only. 6. Annual Report ($1000) and NOT ($600) not in the contract. THA YOU F R YOUR TIME AND CONSIDERATION, VICENTE BRAVO. HB -152-Item 11. - 21 Dept. ID PW 17-051 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: On August 1, 2017, bids were opened for the Edgewater Sewer Lift Station Project, CC-1515. City Council action is requested to award the construction contract to MMC, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $2,300,000 are available in the Sewer Development Fee Fund account 21089014.82600 and $2,700,000 in the Sewer Service Fund account 51189010.82600. Recommended Action: A) Accept lowest responsive and responsible bid submitted by MMC, Inc. in the amount of $4,001,361; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with an alternative direction. Analysis: The Existing Edgewater Sewer Lift Station, located at the NEC of Edgewater Lane and Davenport Drive, is over 50 years old and in need of replacement due to its size and exposure to the marine environment. Also, its close proximity to Huntington Harbour makes this project desirable, as any mechanical failure could present a heightened risk to the environment and more specifically the water quality in the harbor. The existing lift station is located adjacent to a residential lot. The new lift station will be located on the SWC of the intersection adjacent to an existing parking lot. The bids were publically opened on August 1, 2017. The verified bid amounts are listed below: Bidding Contractor Bid as Submitted Verified Bid California Building Evaluation and Const., Inc. $2,975,540.00 $2,975,540.00 MMC, Inc. $3,882,561.00 $4,001,361.00 Metro Builders $4,780,812.51 $4,780,812.51 Mladen Buntich Construction Co., Inc. $4,928,500.00 $4,928,500.00 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract with MMC, Inc. in the amount of $4,001,361 for the Edgewater Sewer Lift Station Project, CC-1515 HB -153-Item 12. - 1 Dept. ID PW 17-051 Page 2 of 2 Meeting Date: 8/21/2017 The engineers estimate for this project was $4,000,000. California Building Evaluation and Construction, Inc., the apparent low bidder, requested that their bid be retracted, due to clerical errors, resulting in a bid that was not financially feasible. Staff has checked the references for MMC, Inc., the second lowest bidder, and recommends award of a construction contract in the amount of $4,001,361.00. The total estimated project cost is $5,000,000, which includes the construction contract, 10% construction contingency, and supplemental expenses, including materials testing and contracted construction management. Public Works Commission Action: The Public Works Commission reviewed and approved the project was in substantial conformance with the CIP on June 21, 2017, with a vote of 7-0. Environmental Status: The project is categorically exempt pursuant to Section 15304 of California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map HB -154-Item 12. - 2 New LS Exist . LS LOCATION MAP Ju ne 1 , 20 17 1:3,00 000.0 4 5 0.0 90.0 225 mi 0 0.05 5 0.110.027 5 km HB -155-Item 12. - 3 Dept. ID PW17-043 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: On July 25, 2017, bids were publically opened for the Heil Avenue Rehabilitation and Main Street Rehabilitation Project. City Council action is requested to award the construction contract to All American Asphalt, the lowest responsive and responsible bidder. Financial Impact: Funds for this portion of the Arterial Rehabilitation Capital Improvement Program are available in the Measure “M” Account no. 21390026.82300 ($740,000), Infrastructure Fund Account no. 31490003.82000 ($616,000), and Prop 42 Account no. 21990008.82300 ($504,900). An additional appropriation of $754,100 from the undesignated Measure M (213) fund balance is requested. The total cost, including contingency and supplemental, is estimated at $2,615,000. Recommended Action: A) Appropriate $754,100 from the Measure M (213) undesignated fund balance to account no. 21390026.82300; and, B) Accept the lowest responsive and responsible base bid submitted by All American Asphalt in the amount of $2,285,562.00; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: The project will rehabilitate Heil Avenue Rehabilitation (Springdale Street to Edwards Street) and Main Street Rehabilitation (Delaware Street to Beach Boulevard), which includes the traffic signal modification at Main Street and Florida Avenue. The segments of Heil Avenue and Main Street were last rehabilitated in the early 1980’s. Rehabilitation methods include pulverizing failed asphalt concrete/ base with cement treatment of the pulverized asphalt concrete/base or milling failed asphalt concrete then filling in with asphalt concrete. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract with All American Asphalt in the amount of $2,285,562.00 for the Heil Avenue Rehabilitation and Main Street Rehabilitation Project, CC-1540; and, approve an appropriation in the amount of $754,100 HB -156-Item 13. - 1 Dept. ID PW17-043 Page 2 of 2 Meeting Date: 8/21/2017 The traffic signal modification will be completed prior to the asphalt concrete finish course on Main Street to prevent cutting into new pavement. Manholes, monitoring wells, survey monuments, and water valve assemblies will be adjusted to grade and traffic loops and striping will be replaced. Areas of raised or settled curb gutter and sidewalk will be replaced as necessary. The project is using a sustainable paving material which utilizes rubberized asphalt concrete (RAC) which contains crumb rubber derived from 100% California waste tire rubber. A two-inch layer of RAC uses over 2,000 waste-tires per lane mile. The project will divert more than 6,000 waste tires that would otherwise end up in a landfill. Including this project, the use of RAC in the rehabilitation of the City’s arterial streets has resulted in the diversion of over 318,000 waste tires. Reimbursement from the Cal Recycle Rubberized Asphalt Concrete (RAC) grant in the amount of $27,500 is anticipated. Bids were publicly opened on July 25, 2017, with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening and Basis of Award) Total Contract Amount All American Asphalt $2,285,562.00 $2,285,562.00 R.J. Noble Co $2,388,980.50 $2,388,980.50 Hardy & Harper, Inc. $2,434,000.00 $2,434,000.00 Excel Paving $2,582,082.00 $2,582,082.00 The engineer’s estimate for the project is $2,210,000. Staff recommends awarding a contract to All American Asphalt in the amount of $2,285,562.00. All American Asphalt has provided acceptable street rehabilitation construction in the past for the Main Street (Yorktown Ave. - Garfield Ave.), Lake Street (Palm Ave. – Yorktown Ave.) and Indianapolis Avenue (Magnolia St. - Brookhurst St.) projects. The total project cost is estimated to be $2,615,000.00, which includes the construction contract, project management, construction contingency, and supplementals (soils and materials testing, construction support services by outside firms, and additional engineering support). Public Works Commission Action: The Public Works Commission reviewed and approved CC-1540 on June 21, 2017, with a vote of 6-0-1 (Nguyen-absent). Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031c of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map HB -157-Item 13. - 2 PACIFIC 0 Heil Ave (Springdale St to Edwards St) CI Main St (Delaware St to Beach Blvd) REV 06/05/17 ARTERIAL REHABILITATION, 00-1540 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 ) HB -158-Item 13. - 3 Dept. ID 17-045 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: On July 18, 2017, bids were opened for the Police Department Parking Lot Expansion Project, CC- 1556. City Council action is requested to award the construction contract to Palp, Inc. DBA Excel Paving Company, the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $40,000 are available in General Fund account 10040314.82400. An appropriation of $110,000 from the Capital Improvement Reserve General Fund Balance is requested. Recommended Action: A) Appropriate $110,000 from undesignated Capital Improvement Reserve General Fund to General Fund account 10040314.82400; and, B) Accept lowest responsive and responsible bid submitted by Palp, Inc. DBA Excel Paving Company in the amount of $104,357; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids and provide staff with an alternative direction. Analysis: The City’s Police Department is in need of expanding the secured parking lot used by their officers at the Civic Center. The expansion is required to meet the current need of providing a safe environment for officers as they transition from their private vehicle to their assigned city vehicle. The expansion will provide 35 additional spaces to meet this need. In addition, the existing manual gate located at Main Street will be automated and used at night to reduce the noise impacts to the adjacent residents. The project has been reviewed and approved by the Design Review Board and the Planning Commission. The bids were publically opened on July 25, 2017. The verified bid amounts are listed below: CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract with Palp, Inc. DBA Excel Paving Company in the amount of $104,357.00 for the Police Department Parking Lot Expansion Project, CC-1556; and, approve an appropriation in the amount of $110,000 and authorize up to 15% in construction change orders HB -159-Item 14. - 1 Dept. ID 17-045 Page 2 of 2 Meeting Date: 8/21/2017 Bidding Contractor Base Bid Verified Bid Palp, Inc. DBA Excel Paving Co. $104,357.00 $104,357.00 NPG, Inc. $155,889.20 $155,889.20 Haitbrink Asphalt Paving, Inc. $159,627.50 $159,627.50 All American Asphalt $170,799.42 $170,799.42 Palp, Inc. DBA Excel Paving Co. has performed well on previous City projects, therefore staff recommends award of the construction contract in the amount of $104,357.00. The total estimated project cost is $150,000 which includes the construction contract, project management, construction contingency and other supplemental expenses, including installation of an automated gate by others. Public Works Commission Action: The Public Works Commission reviewed and approved the project on June 21, 2017, with a vote of 7-0. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301 of California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map HB -160-Item 14. - 2 Parking Lot E xpansi on LOCATION MAP Ju ne 5 , 20 17 Pub lic Works 1:3,00 000.0 4 5 0.0 90.0 225 mi 0 0.05 5 0.110.027 5 km HB -161-Item 14. - 3 Dept. ID PW 17-037 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: The Public Works Department currently has in place an On-Call Civil Engineering Services contract with Albert Grover & Associates, Inc. An unanticipated volume of work has created the need to extend the term of the contract and amend the not-to-exceed fee. Financial Impact: Funds for the contract amendment are included in the FY 2017/18 proposed budget in Measure M account No. 21385201.69365. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement Between the City of Huntington Beach and Albert Grover & Associates, Inc. for On-Call Civil Engineering Services.” This amendment shall increase the maximum not-to-exceed amount by $100,000 to a total of $350,000 and extend the term of the contract by one year with a revised expiration date of July 6, 2019. Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects and review time commitment could be delayed without an amended contract. Analysis: On July 6, 2015, the City Council approved three (3) contracts for support staff for the design and construction of the capital improvement projects related to general transportation infrastructure. One of these three contracts was with the firm of Albert Grover & Associates (AGA), Inc. To date, ten task orders have been issued with tasks ranging from the design of traffic signals, design of signing & striping, design of fiber optic communication cable, various traffic studies and assistance with plan checks related to the widening of Interstate 405. The Interstate 405 plan checking represents the largest single work order to date at $50,000 with additional efforts anticipated as the project progresses. The other two transportation firms with which the City’s has executed on-call contracts, FPL and Associates, Inc. and Iteris, Inc., are both members of the Interstate 405 design team so it is not feasible to issue work orders to these firms related to the City’s review of the Interstate 405 project. To date, $212,655 of the $250,000 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of Amendment No. 1 with Albert Grover & Associates for On-Call Civil Engineering Services in the amount of $100,000 for a total contract amount not to exceed $350,000 and extending the contract term 1 year HB -162-Item 15. - 1 Dept. ID PW 17-037 Page 2 of 2 Meeting Date: 8/21/2017 contract limit has been encumbered. While the plan check expenses incurred by the City are reimbursable by the Orange County Transportation Authority, without the requested contract amendment, the City will not be able to retain AGA to perform the review and may not be able to fulfill the commitment made to OCTA to review the Interstate 405 plans in a timely manner. Public Works Commission Action: Not required. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Amendment No. 1 to Agreement Between the City of Huntington Beach and Albert Grover & Associates, Inc. for On-Call Civil Engineering Services. 2. Professional Services Contract between the City of Huntington Beach and Albert Grover & Associates, Inc. for On-Call Civil Engineering Design Services, approved July 6, 2015. 3. List of task orders issued to date to Albert Grover & Associates under the Professional Services Contract between the City of Huntington Beach and Albert Grover & Associates, Inc. for On-Call Civil Engineering Design Services. HB -163-Item 15. - 2 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALBERT GROVER & ASSOCIATES, INC. FOR ON CALL CIVIL ENGINEERING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ALBERT GROVER & ASSOCIATES, INC., a California corporation, hereinafter referred as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated July 8, 2015, entitled "Professional Services Contract Between the City of Huntington Beach and Albert Grover & Associates, Inc. for On Call Engineering Services, which agreement shall hereinafter be referred to as the "Original Agreement" and City and Consultant wish to amend the Original Agreement to reflect the additional work to be performed by Consultant, the additional compensation to be paid in consideration thereof by City to Consultant, and to extend the term of the Original Agreement, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, as described in the Original Agreement. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, City agrees to pay Consultant and Consultant agrees to accept from City as full payment for services rendered, an additional sum not to exceed One Hundred Thousand ($100,000.00), in addition to the original sum of Two Hundred Fifty Thousand Dollars ($250,000.00) for a new total not to exceed sum of Three Hundred Fifty Thousand Dollars ($350,000.00). 3. TERM The term of the Agreement is extended for one additional year until July 6, 2019. 17-5884/160958IRLS 6/26/17/DO HB -164-Item 15. - 3 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on .2017. CONSULTANT, CITY OF HUNTINGTON BEACH, ALBERT GROVER & ASSOCIATES, INC., a municipal corporation of the State of California a California corporation By: c.; ktA Mayor print name ITS: (circle one) Chairman/Presidenteside. ATTEST: ame ITS: (circle o ASSik hief Financial Officer/Asst. Secre ary - Treasurer City Clerk INITIATED AND APPROVED: Director of Public Works APPROVED AS TO FORM: REVIEWED AND APPROVED: City Manager 17-5884/1609581RLS 6/26/17/DO 2 HB -165-Item 15. - 4 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALBERT GROVER & ASSOCIATES, INC. FOR ON CALL CIVIL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Albert Grover & Associates, Inc., a California corporation, hereinafter referred to as "CONSULTANT," WHEREAS, CITY desires to engage the services of a consultant to provide on call civil engineering services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Mark Miller, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 1 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/ surfnet/professional svcs mayor 1 of 11 10/12 HB -166-Item 15. - 5 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on (:)b , 20 /5 —.(the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred and Fifty Thousand Dollars ($3 250,000 ). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional svcs mayor 2 of 11 10/12 HB -167-Item 15. - 6 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/ surfnetiprofessional svcs mayor 3 of 11 10/12 HB -168-Item 15. - 7 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnet/professional svcs mayor 4 of 11 10112 HB -169-Item 15. - 8 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/ surfneeprofessional svcs mayor 5 of 11 10/12 HB -170-Item 15. - 9 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15, CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfnet/professional svcs mayor 6 of 11 10/12 HB -171-Item 15. - 10 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Bob Stacbelslci 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Albert Grover & Associates, Inc. Attn: Mark Miller 211 East Imperial Highway, Suite 208 Fullerton, CA 92835 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. IN I ERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/ surfnet/professional svcs mayor 7 of 11 10/12 HB -172-Item 15. - 11 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnet/professional svcs mayor 8 of 11 10/12 HB -173-Item 15. - 12 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25, SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shalt indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnet/professional svcs mayor 9 of 11 10/12 HB -174-Item 15. - 13 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement, This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professional svcs mayor 10 of 11 10/12 HB -175-Item 15. - 14 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California y Clerk INITIATED AND APPROVED: Director of Public Wor s CONSULTANT, Albert Grover & Associates, Inc. COMPANY NAME A California Corporation By: Gfover print name -- ITS: (circle one) Chairma residen ice President AN ‘111111P1 n1111100.- By: Mark H. Mil print name ITS: (circle one)Egtj'a Chief Financial Officer/Asst. Secretary - Treasurer agree/ surfnet/professional svcs mayor 11 of 11 10/12 HB -176-Item 15. - 15 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an 'as-needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A.1), consistent with the City of Huntington Beach Request for Qualifications for On-Call Engineering & Professional Consulting Services. Upon award, and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A HB -177-Item 15. - 16 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B HB -178-Item 15. - 17 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to crrsz, Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not he unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B HB -179-Item 15. - 18 Attachment 3 Listed below is a summary of the task orders issued to Albert Grover & Associates for Civil Engineering services under the On-Call Contract approved on July 6, 2015: Project Issue Date Amount Provide Assistance with OCTA Grant Applications for Brookhurst Street and Magnolia Street Traffic Signal System 9/09/2015 $3,980.00 Prepare Safe Routes to School Maps (within Ocean View School District) 10/30/2015 $24,000.00 Traffic Signal Design: Main Street and Florida Street 6/01/2016 $9,395.00 Traffic Study for Ranger Lane 8/29/2016 $24,850.00 Prepare Signing & Striping Plans in conjunction with Pavement Rehabilitation projects: Indianapolis Avenue and Atlanta Avenue 10/06/2016 $17,500.00 Design of Fiber Optic Communications: Gothard Street 10/24/2016 $15,700.00 Design of Utica Avenue Bike Boulevard Signing & Striping and Signal Plans 3/20/2017 $24,230.00 Prepare Signing & Striping Plans in conjunction with Pavement Rehabilitation projects: Heil Avenue and Slater Avenue 4/18/2017 $17,500.00 Provide Plan Check Services: Interstate 405 Widening Project 4/19/2017 $50,000.00 Traffic Signal and Communication Design: Goldenwest Street and Heil Avenue 5/04/2017 $25,500.00 TOTAL $212,655.00 HB -180-Item 15. - 19 Dept. ID CS 17-020 Page 1 of 3 Meeting Date: 8/21/2017 Statement of Issue: Community Services Commission (CSC) has reviewed and approved the concept for converting the temporary lot at Huntington Central Park west, located northeast of Golden West Street and Talbert Avenue, into a permanent parking lot. There is a need for approval of the Concept Plan by the City Council as presented. Financial Impact: The project is included in the FY 16/17 Capital Improvement Program (CIP), as well as the FY 17/18 CIP. Sufficient park funds are included in Business Units 20945003 and 22845009. No additional funds are anticipated for the completion of the project. Recommended Action: A) Approve the plan to convert the temporary lot to a permanent parking lot in Huntington Central Park west, located northeast of Golden West Street and Talbert Avenue, as presented in Alternative 1 on page 2 of the July 12, 2017 CSC Minutes (Attachment #3); and, B) Approve an update to the Master Plan of Recreational Uses for Central Park as presented. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: In 1999, City Council approved the Huntington Central Park Master Plan of Recreational Uses (HCPMP) which included the concept of a public parking lot within an approximate 14-acre undeveloped area on the west side of the park (Attachment 1). Since the HCPMP was approved, the 14-acre area has been developed with the Senior Center in Central Park building and a temporary lot adjacent to the Shipley Nature Center. Construction of the temporary lot was initiated at the request of former Council Member Gil Coerper, to assist the Shipley Nature Center with programming needs. The temporary lot is located immediately to the west of Golden West Street and just to the north of Talbert Avenue. In an effort to create a permanent parking lot in the area, both the Community Services Commission and City Council approved funding for design and construction of the lot in the current FY 16/17 Capital Improvement Project budget (CIP). CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve the plan to convert the temporary lot at Huntington Central Park west, located northeast of Golden West Street and Talbert Avenue (adjacent to Shipley Nature Center), into a permanent parking lot HB -181-Item 16. - 1 Dept. ID CS 17-020 Page 2 of 3 Meeting Date: 8/21/2017 The Community Services Commission has reviewed several design concepts for the parking lot dating back to 2014, however, approval of a final design for the lot was put on hold due to lack of consensus about the size and location of the lot. Past design concepts considered by the commission ranged from paving and striping the existing temporary lot to constructing a much larger lot, located nearer to the developed open turf area of the park. Since the completion of the Senior Center in Central Park, the only available location for a permanent parking lot was determined to be the existing temporary lot location. The Community Services staff worked with a design consultant and Public Works staff to develop several concept plans to convert the temporary lot to a permanent parking lot. In developing the conceptual designs, staff took into consideration the amount of area that would be needed to develop the lot, functionality of the lot, and ingress/egress points. On June 14, 2017, the Huntington Central Park Committee (HCPC) reviewed the potential designs for the permanent parking lot, and recommended the attached concept (Attachment 2). Discussions focused on the amount of overall area being used for the lot, as well as safe ingress and egress. The concept being presented to City Council for approval utilizes much of the existing footprint for the temporary lot, and would essentially function the same way as the existing temporary lot. This concept was analyzed by the City’s Traffic Engineer and both ingress and egress are deemed to be viable and safe. The concept will involve the paving and striping the area of the temporary lot and will also include required landscaping, walkway connection to the park pathway, and an area for a trash enclosure. The ADA spaces will remain in the existing location; however, the connection from the spaces to the park pathway will be improved to meet current access standards. Staff will also research lighting options for the lot. It should be noted that the area that is being recommended for the permanent parking lot was included in the raptor foraging habitat mitigation area created at the west side of the park when the Senior Center in Central Park was developed, therefore, this alternative would not require additional mitigation for potential loss of raptor foraging habitat. Additionally, it will not encroach into the area set aside for open space conservation per the senior center settlement agreement. At the July 12, 2017, Community Services Commission meeting, the full Commission approved the recommended concept as presented (Attachment 3). Design and construction costs for the recommended concept are well within the current available budget of $575,000, with the estimate for the approved plan being approximately $300,000 including construction and contingencies. Should City Council approve this recommended concept plan and 2017/18 CIP budget, construction will begin after the 2017/18 budget is approved, and after the start of the new fiscal year, October 1, 2017. If approved, the project will then move through the required entitlement process – which includes obtaining a Conditional Use Permit (CUP) from Community Development and approval by the Design Review Board. Based upon these review processes, along with reviews from Planning, Fire, and Public Works staff, some of the dimensions may need to be modified, however, the overall layout of the selected parking lot alternative should remain as presented. Creating a permanent lot in Central Park west also requires Community Services Commission and City Council approval to update the Master Plan of Recreational Uses for Central Park. Staff is requesting approval of the Master Plan of Recreational Uses as part of the current action. HB -182-Item 16. - 2 Dept. ID CS 17-020 Page 3 of 3 Meeting Date: 8/21/2017 Environmental Status: As determined by the Planning Division staff, this project will go through the Conditional Use Permit and the Design Review Board approval process. Strategic Plan Goal: Improve quality of life Attachment(s): 1) Huntington Central Park Master Plan of Recreational Uses 2) Huntington Central Park Permanent Parking Lot Concept Plan 3) Community Services Commission Minutes – Conceptual approval of Huntington Central Park west permanent parking lot, July 12, 2017 HB -183-Item 16. - 3 CENTRAL PARK MASTER PLAN OF USES Approved by City Council April 16, 2012 Therapeutic Riding Center Location Area currently designated as low intensity with picnic facilities, restrooms, tot-lot and parking. Inclusion of a senior center on the southern portion of this area would require a land use designation change from low to high intensity. HB -184-Item 16. - 4 HB -185-Item 16. - 5 (777) CITY OF HUNTINGTON BEACH COMMUNITY SERVICES COMMISSION MINUTES REGULAR MEETING Wednesday, July 12, 2017 6:00 PM City of Huntington Beach Civic Center Council Chambers 2000 Main Street Huntington Beach, CA 92648-2702 CALL TO ORDER: Vice-Chair Kaub called the meeting to order at 6:06 p.m. ROLL CALL: Present: Benitez, Cuzzacrea, Gasparian, Kaub, Mantini, Miller, Schuetz, Sterud, Thiel Absent: Burkart (excused), Carchio, Kreitz (excused) STAFF PRESENT: Janeen Laudenback; David Dominguez; Nashya Sadono PLEDGE OF ALLEGIANCE: Led by Vice-Chair Kaub. PRESENTATIONS: None MINUTES: MOTION: A motion was made by Commissioner Schuetz and seconded by Commissioner Benitez to approve the minutes of June 14, 2017. The motion carried by the following vote: Ayes: Benitez, Cuzzacrea, Gasparian, Kaub, Mantini, Miller, Schuetz, Sterud, Thiel Noes: None Abstain: Gasparian, Mantini Absent: Burkart, Carchio PUBLIC COMMENTS: No general public comments DIRECTOR/MANAGER ITEMS: Dominguez informed Commission of a change in the date for the Worthy Park Re- dedication, moving from August 24, to September 7. Dominguez also reported that most of the recommendations for Commission representatives have been received from the school districts with the exception of Fountain Valley School District. (FVSD) Rather than wait on FVSD, the recommendation from the other school districts will move forward for City Council approval at their July 17 meeting. In the meantime, Commissioner HB -186-Item 16. - 6 Community Services Commission July 12, 2017 Meeting Minutes (777) Page 2 of 5 Burkart will continue to serve as the representative for FVSD until which time they provide a recommendation for replacement. PUBLIC INPUT MEETING – CENTRAL PARK PERMANENT PARKING LOT: Dominguez gave a staff presentation and overview of the project. The HCPC recommended that two alternatives be presented to Commission for consideration. Alternative 1 was to create a permanent lot in the present location of the temporary lot, keeping with the current ingress/egress point. The lot would be paved and striped and the connection to the park path to the north would be modified as needed to meet ADA standards. Alternative 2 includes a connection to the senior center driveway and modifications to the driveway median to allow for an immediate left turn out of the lot leading to the signalized intersection at Talbert and Goldenwest. Other details of both alternatives included a trash enclosure, sidewalk along the west side of the parking lot and a modified turnaround at the south end of the lot if no connection was made to the senior center driveway. Discussion ensued on the recommended alternatives, focusing on safety of the current ingress/egress and the potential for the lot to become and overflow lot for the senior center if linked to the senior center driveway. Dominguez reported that the Traffic Engineer, Bob Stachleski provided an analysis of the alternatives and in his estimation, both alternatives were appropriate in terms of safety and functionality. Vice-Chair Kaub called for public comments. PUBLIC COMMENTS Juana Mueller, spoke in support of Alternative 1 based upon the analysis by Mr. Stachelski and the lower cost to construct. Jean Nagy, spoke in support of Alternative 1 and felt that a bridge could be constructed over Goldenwest Street to allow people to park at the Sports Complex. Shari Engel, expressed her support of Alternative 1 since she felt the connection would be impacting by users of the senior center. Brock Langer spoke in opposition to the permanent parking lot project. He felt that stewardship of the park has declined over the last few years and the creation of the lot would have a negative impact in terms of lost open space. Commissioner Miller provided background on this project from his experience on the Commission saying that Alternative 1 is the best option and his choice with a turnaround for buses and cars. Commissioner Thiel asked about the amount of use the lot receives. Tom Livengood with the Friends of Shipley Nature Center was asked to respond. Commissioner Thiel also expressed and interest in pursuing the concept of a bridge over Goldenwest Street. Discussion ensued on the extensive approval process and prohibitive cost for a bridge. Commissioner Gasparian expressed his support of Alternative 1. HB -187-Item 16. - 7 Community Services Commission July 12, 2017 Meeting Minutes (777) Page 3 of 5 Commissioner Benitez said that based on comments he has heard as a member of the Huntington Central Park Committee from the stakeholders, he supported Alternative 1. Commissioner Schuetz said that the immediate concern in her opinion is the safety of the children and whether or not the buses can access the parking lot for safe drop-off and pick-up of the kids. She feels that Alternative 2 is the better choice, allowing for more potential and easier traffic flow. Commissioner Mantini expressed concerns that the lot may be underutilized if used by Shipley Nature Center exclusively. She referred to the Traffic Engineer analysis showing that Shipley requires an average of 20 cars. The proposed plan includes up to 42 spaces which could be used by visitors to the senior center. Dominguez responded that the parking lot is currently used by general park visitors as well as those visiting the nature center. Commissioner Cuzzacrea said she was initially concerned about safety issues until she read the traffic engineer’s report and now supports Alternative 1. Vice-Chair Kaub felt that the lot will be used as senior center overflow parking no matter which alternative is approved; however, felt that there would be less overflow usage with Alternative 1. Commission Kaub said that after listening to comments, she sees the benefit of Alternative 3 with signalized entrance and exit, however, as a Commissioner she is tasked with preserving as much open space as possible and therefore favored Alternative 1. Commissioner Thiel asked about the hammerhead turnaround design as presented in a past concept design for the buses. Dominguez responded that if Alternative 1 is approved, the turnaround could be modified to a circular shape based upon required dimensions for safety vehicle and buses. Commissioner Thiel expressed his preference for Alternative 2. MOTION: Moved by Mantini, seconded by Benitez to approve the recommendation of Alternative 1 to convert the temporary parking lot into a permanent lot and to make the recommendation for approval to City Council; and to recommend to City Council the updating of the Central Park Master Plan of Recreational Uses for Central Park to identify the 1-acre lot as a permanent parking lot. Discussion ensued on the possibility of adding the connection to the senior center driveway if it was determined to be necessary in the future. Dominguez stated that it would be a possibility but, would have to go through an additional approval process. Commissioner Miller said that he would like to see the motion include the radius turn- around. Commissioner Miller also provided his observation about where the buses park after drop off. Vice-Chair Kaub asked about the process for adding the turn-around. Dominguez responded that a circular turnaround would be incorporated into the design and presented to the Design Review Board. The motion carried by the following vote: HB -188-Item 16. - 8 Community Services Commission July 12, 2017 Meeting Minutes (777) Page 4 of 5 Ayes: Benitez, Cuzzacrea, Gasparian, Kaub, Mantini, Miller, Sterud Noes: Schuetz, Thiel Abstain: None Absent: Burkart, Carchio, Kreitz ADMINISTRATIVE ITEMS: Capital Improvement Projects (CIP) for Huntington Central Park – Dominguez provided a brief overview of the projects recommended by the HCPS. Laudenback added that the HCPC previously recommended that $250,000 in Infrastructure Funds go toward parking lot improvements and $250,000 toward trail and path improvements. However, based upon other projects identified for Central Park in the CIP not being approved, there was a need to reprioritize the previously recommended projects. The HCPC then recommended that the $250,000 for parking lot improvements remain and $150,000 directed for trail improvements and $100,000 for irrigation improvements in Central Park East. MOTION: A motion by Schuetz seconded by Mantini to approve the Capital Improvement Projects for Huntington Central Park as presented. The motion carried by the following vote: Ayes: Benitez, Cuzzacrea, Gasparian, Kaub, Mantini, Miller, Schuetz, Sterud, Thiel Noes: None Abstain: None Absent: Burkart, Carchio, Kreitz Park Naming Resolution Update – Dominguez informed Commission that during Council’s review of modifications to Resolution 2017-25, they requested additional language be added to require that naming recognition based upon historical significance be vetted through the Historic Resources Board. (HRB) Dominguez reviewed the new draft language, which was provided by the City Attorney’s office. Commissioner Miller commented that in working on the Park Naming and Memorials Committee (PN&MC), he has found the HRB to be a great resource for historical information and noted that although the HRB provides the Committee with historical facts, it is the task of the PN&MC to provide Commission with the recommendation. Commissioner Schuetz stated that through her recent experience on the PN&MC, she finds the HRB to be a vital resource. MOTION: A motion by Mantini, second by Schuetz to approve modifications to Resolution 2017-25, which establishes policy for the naming of parks, park features, and community facilities as recommended by City Council. The motion carried by the following vote: Ayes: Benitez, Cuzzacrea, Gasparian, Kaub, Mantini, Miller, Schuetz, Sterud, Thiel Noes: None Abstain: None Absent: Burkart, Carchio, Kreitz HB -189-Item 16. - 9 Community Services Commission July 12, 2017 Meeting Minutes (777) Page 5 of 5 Worthy Park – Dominguez provided an update saying that there have been a few delays for events such as the 4th of July and a high school event, but the project is moving along nicely with no additional costs. The rededication is tentatively scheduled for September 7th, 2017. Staff is waiting to hear if the Worthy family is available to participate. A “save the date” will go out once the date is confirmed. Murdy Park Multi-Use Youth Sports Field – Dominguez reported that Commission approved the concept for the multi-use sports field at the last meeting. Staff anticipates this item going before City Council on August 7, 2017. Funds are in the budget for the next fiscal year. Once approved by council, staff will work with design consultants and Public Works to prepare the project for bid. WRITTEN COMMUNICATIONS: None COMMISSION BUSINESS: None COMMISSION AND STAFF COMMENTS: Commission Benitez thanked Commissioners saying this is his last meeting and his time on Commission has been a positive experience. Commissioner Thiel asked about meeting procedures and Roberts Rules of Order in regard to making alternative motions. Brief discussion ensued on the process. ITEMS DISTRIBUTED TO COMMISSION: Written communications related to the Central Park permanent parking lot. ADJOURNMENT: With no further business, Vice-Chair Kaub adjourned the meeting at 8:09 pm. Submitted by: David C. Dominguez Secretary Community Services Commission By: Charlene Gomez Recording Secretary HB -190-Item 16. - 10 Dept. ID CS 17-022 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: Community Services Commission (CSC) has reviewed and approved the concept plan for a multi- use youth sports field and improvements at Murdy Park. There is now a need for City Council approval of the concept plan as presented. Financial Impact: The project is included in the FY 16/17 Capital Improvement Program (CIP), as well as the FY 17/18 CIP. Sufficient park funds are included in Business Units 22845003. No additional funds are anticipated for the completion of the project. Recommended Action: A) Approve the concept plan for a multi-purpose youth sports field and improvements at Murdy Park; and, B) Approve an update to the Murdy Park Master Plan to include the multi-use sports field and improvements. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: The 2016 Park and Recreation Master Plan identifies youth sports practice fields as one of the top sports facility needs in the City. Development of a concept plan to create a multi-use youth sports field at the front portion of Murdy Park was approved as part of the FY 2016/17 Capital Improvement Program (CIP) budget. Murdy Park is located at 7000 Norma Drive, bordered by Goldenwest Street and Warner Avenue. The park is a 16.04 acre community park and was constructed in 1971. As the first Community Center in Huntington Beach, Murdy Park’s current amenities include open turf areas in the front and back of the park, a tot lot, picnic shelter, tennis courts, softball fields, basketball courts, as well as a skate park. The turf area at the back of the park consists of two softball fields serving adult and youth softball, youth baseball, pee wee baseball, flag football, soccer and golf. The front open turf area is located CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve an update to the Murdy Park Master Plan to include a multi-use youth sports field and other park improvements as presented HB -191-Item 17. - 1 Dept. ID CS 17-022 Page 2 of 2 Meeting Date: 8/21/2017 between the Community Center building and Goldenwest Street. Although the front field has no defined field boundary, it currently serves youth sports programming, including a preschool multi- sports program, youth soccer, youth football, and day camps during the summer. As presented (Attachment 1), the proposed improvements to the front field will better serve the public in overall youth sports programming. The project calls for the creation of a new, 120’ x 240’ multi-use youth sports field, including moveable goals, enhanced pedestrian lighting, new ball containment fencing, new benches near the field, and sports field lighting. Four light poles are being proposed to light the field. The field is not intended to be a home base to a particular group or be a competition level field; rather, it is intended to serve as a practice field area. The lighting on this field will differ from stadium/arena lighting systems in that it will be designed to provide safe levels for practice and low level activity only. Light shields and pole heights will direct illumination onto the field and reduce glare on surrounding areas. The sports field lighting will be able to serve programming on the front field that goes on until early evening hours, especially when the sun sets earlier during the fall and winter months. It should be noted that the existing skate park to the south of the field and the existing basketball courts to the east will be preserved. New volleyball poles will be installed and relocated to the west of the existing basketball courts. A new shade trellis, tables, and benches will be installed in the picnic shelter area. All existing trees will be preserved and protected during the process. These aforementioned modifications are needed to maintain a safe, secure and programmable park and appropriate uses will be considered when developing all detailed project plans. As with all park master plans, new or updated, approval must come from both the Community Services Commission and City Council. At the June 14, 2017, Community Services Commission meeting, the Commission recommended approval of the concept plan for the multi-use youth sports field and improvements at Murdy Park as presented, and gave direction for this item to be presented to the City Council for approval (Attachment 2). Should the City Council approve this concept for the park, the project would then go through the entitlement process, including any required environmental approvals. In anticipation to the concept plan being approved, staff has requested funding for construction in the FY 2017/18 Capital Improvement Project Budget. The current cost estimate for construction is approximately $1.5 million. Per General Plan Goal RCS 4, it is a goal for Community Services to ensure recreation facilities are renovated and upgraded to meet the current recreational interests of adults and youth. Staff is therefore recommending approval of the project. Environmental Status: As determined by the Planning Division staff, this project will go through the Design Review Board approval process. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Murdy Park Multi-Use Youth Sports Field and Improvements Concept Plan 2. Community Services Commission Minutes, June 14, 2017 HB -192-Item 17. - 2 Concept Plan HB -193-Item 17. - 3 Multi-Use Youth Sports Field Location Front Field HB -194-Item 17. - 4 •-• HB -195-Item 17. - 5 *ANA „ "Ar< • -11,0"-- -"-:. • --- ......1 , v ..- . ,:,1 •.- ^ ' ' 4.06 -- ' ...mig; et tf t. ' '• :1.7000n6:11 tkt "*. HB -196-Item 17. - 6 HB -197-Item 17. - 7 (776) CITY OF HUNTINGTON BEACH COMMUNITY SERVICES COMMISSION MINUTES REGULAR MEETING Wednesday, June 14, 2017 6:00 PM City of Huntington Beach Civic Center Council Chambers 2000 Main Street Huntington Beach, CA 92648-2702 CALL TO ORDER: Vice-Chair Kaub called the meeting to order at 6:10 p.m. ROLL CALL: Present: Benitez, Carchio, Cuzzacrea, Kaub, Miller, Schuetz, Sterud, Thiel Absent: Burke, Gasparian, Kreitz, Kwon, Mantini STAFF PRESENT: Janeen Laudenback; David Dominguez; Charlene Gomez; Nashya Sadono PLEDGE OF ALLEGIANCE: Led by Commissioner Kaub. PRESENTATIONS: Supervisor Erin Burke and Recreation Specialist Molly Uemura of the City Gym & Pool presented the Youth Volleyball Championship awards and the Harry W. Montague Sportsmanship Award. Kathie Schey, Chair of the Historic Resources Board (HRB) provided an overview of the HRB, including their purview and role as an advisory board to City Council. Mrs. Schey shared the history of the Board, the mandate, and how they can help the Commission with their processes related to historical significance, including the recent City Council item relating to the park land at 17th Street and Orange Avenue assign to the Park Naming & Memorials Committee (PN&M). The Item will formally be received by the HRB at their June 21, 2017 meeting. Mrs. Schey highlighted the professional and educational background of the current members of the HRB, and the processes taken in their research to provide accurate information. She said that the HRB looks forward to working with Commission and the PN&M Committee and asked that if any members have questions or need clarification on information seen or presented throughout the process, to please let the HRB know and they will work diligently to provide answers. HB -198-Item 17. - 8 Community Services Commission June 14, 2017 Meeting Minutes (776) Page 2 of 7 MINUTES: MOTION: A motion was made by Commissioner Carchio and seconded by Commissioner Thiel to approve the minutes of May 10, 2017. The motion carried by the following vote: Ayes: Carchio, Kaub, Schuetz, Sterud, Thiel Noes: None Abstain: Benitez, Cuzzacrea, Miller Absent: Burkart, Gasparian, Kreitz, Kwon, Mantini PUBLIC COMMENTS: Barbara Haynes, Vice Chair of HB Preserve Our Past provided a handout to Commission as supporting material for naming the parkland at the former Rodger Senior Center site as the 17th Street Park (Agenda Item G-2). Ms. Haynes provided a summary of the packet material and asked that Commission keep the information in mind when making their decision on renaming the parkland. Armory Hansen said that he is opposed to changing the name of the Rogers Center site. He feels the name should remain in honor of Mr. Rodgers and his dedication to the City of Huntington Beach and its seniors. Steve Engel congratulated the Youth Sports winners announced during the “Presentations” portion of the meeting. Further, Mr. Engel voiced his support of the multi-use youth sports field at Murdy Park (Agenda Item F-1), and said that the Park Acquisition & Development Fund is making a difference in the parks. He asked for Commission’s support on this item. He also asked that Commission look at alternatives to the concrete benches in parks for memorializing love ones , suggesting that boulders be a possibility. PUBLIC INPUT MEETING – MURDY PARK MULTI-USE SPORTS FIELD: Dominguez provided a Power Point presentation and overview of the staff report prepared by Department Services Specialist, Nashya Sadono. The project consists of creating a lighted multi-use youth sports field in the turf area between the community center building and Goldenwest Street. The field will be used to address the need for lighted practice areas for youth groups. Safety fencing will be added along Goldenwest Street. No trees will be removed as part of the project. Additional components of the project include improvements to the adjacent picnic shelter. As part of the notification process, announcements of the public input meeting were mailed to residents within 1,000 feet of the park and published in the Huntington Beach Wave. Dominguez addressed the written communication received from the public prior to the meeting saying that two communications were in favor and the other correspondents were mostly concerned about two issues: parking and lighting. Parking concerns are that the new practice field will increase the volume of usage of the park, creating more congestion to the already overcrowded street parking conditions in the adjacent neighborhood. Dominguez reiterated that no additional programming is scheduled, and, therefore, the parking should remain relatively the same and not increase. He also HB -199-Item 17. - 9 Community Services Commission June 14, 2017 Meeting Minutes (776) Page 3 of 7 stated that the installation of lighting is only to allow for later practice times when the sun sets earlier in the evening, such as in the winter months. Lighting will be directed at the field, not homes, similar to the practice lighting at Edison Community Center. Vice Chair Kaub opened the public input meeting for the Murdy Park Multi-Use Sports Fields and called for public comments. With no public comments, she closed the public input portion of the meeting and asked for questions and comments from the Commissioners. Commissioner Miller asked if there will be artificial turf installed. Dominguez said that artificial turf was not looked at and the goal is to take advantage of the current turf which is in good shape. Commissioner Miller also asked if the backfield will be configured and the status of the berm. Dominguez said it was previously approved by Commission in the Master Plan, but is not proposed at this point. However, if funding allows, it can be addressed at a future date without further action from Commission. Commissioner Miller also asked if any changes will be made to the softball fields located in the back section of the park. Dominguez said that no changes to the backfield are proposed at this time. Commissioner Thiel voiced his concern about holes and divots in all of the fields and asked that should the berm be taken down, that the dirt from the berm be used to level the fields. Dominguez said that staff can talk to Public Work for assistance and explained the process of using park funds for projects, not maintenance issues. If the berm is removed in the future and turf replacement is included in the project, then there may be a possibility of using the dirt to help level the fields, although only to fills holes would constitute maintenance and alternative funding sources will be required. Commissioner Benitez asked if the new field will have fen cing, and if so, who will have access to the fenced area. Dominguez stated that the field will not be fenced in a manner to keep people out when not in use. H owever, fencing or netting will be installed at the Golden West Street side to prevent balls and kids from running out into the street. Commissioner Thiel asked about the type of fencing to be used. Dominguez stated that it will be chain link in the lower section and possibly netting above Commissioner Cuzzacrea asked about timers on the proposed lights. Dominguez said the lights will be time based and tied into the City’s computerized lighting system. Commissioner Carchio asked about noise due to an increase in usage of the field. Dominguez said that there should not be an increase in noise as the field is only intended for current programming use – not an increase in programming. Commission Carchio asked about the removal of trees and landscaping. Dominguez said that no trees or landscaping will be taken away. Commissioner Carchio asked if the lighting will be solar powered. Dominguez said solar is not an option at this time due to the amount of lumens required for sports activities. Commissioner Carchio asked about the amount of park to remain for residential use once the field is installed. Dominguez said that the front portion of the park is about 2.5 acres and the field is only .25 acres. The residents will have the same option as they currently do, which is to use the field when it is not in use for practice or other City programs. Commissioner Carchio asked about the parking impact. Dominguez said that in the 2002 master plan, parking was added to HB -200-Item 17. - 10 Community Services Commission June 14, 2017 Meeting Minutes (776) Page 4 of 7 accommodate all of the fields and courts. Discussion continued to discuss the current and future programming and parking needs. Dominguez restated that no increase in use is anticipated since programming is remaining the same. Commissioner Carchio feels that the improvements may invite more homeless population and asked if discuss ions have taken place with the Police Department. Dominguez said with the improvements to the picnic shelter and installation of lighting will bring more positive activity to the area and will hopefully discourage the unsavory behavior that has been reported in the past. Commissioner Thiel provided his experience as a coach of youth sports explainin g how practice and parking currently work in the area, and said the concept sounds like a well thought-out plan. Commissioner Kaub asked about the comments received from the residents within the 1000’ notification area. Dominguez said that copies of the comments received are provided in the agenda packets, however, the most common complaint was regarding parking – possibly due to a perception that programming will increase. MOTION: Commissioner Carchio moved to approve the concept plan for a multi -use youth sports field and improvements at Murdy Park as presented with Commission Thiel seconding the motion. The motion carried by the following vote: Ayes: Benitez, Carchio, Cuzzacrea, Kaub, Miller, Schuetz, Sterud, Thiel Noes: None Abstain: None Absent: Burkart, Gasparian, Kreitz, Kwon, Mantini ADMINISTRATIVE ITEMS: Park Acquisition and Development Fund Capital Improvement Project Budget for FY 2017/2108 – Dominguez provided an overview of the Capital Improvement Project (CIP) budget process saying that the Park Fund is just one component of the overall CIP budget, which involves several departments within the City. The Community Service Commission (CSC) oversees the Park Fund, which staff provides to CSC for approval. Dominguez provided a timeline of the important dates, an overview of the park fund types, park fees, and the various components involved in the CIP process. Commissioner Cuzzacrea asked where the maintenance budget sits within the CIP. Dominguez said that maintenance is within Public Work’s CIP. Dominguez reviewed the detailed of the draft CIP line items for fiscal year 2017/18. Commissioner Thiel asked about the LeBard acquisition and if the funds noted in the attached spreadsheet are to purchase the land from the school district. Dominguez said yes. Commissioner Thiel asked about the master plans for the Rodger Center, referring to a line item for design services. Dominguez said it is yet to be determined, however, once staff receives direction, a professional engineer/architect will be needed to develop the park design, and the line item in the CIP is in anticipation of that need. Discussion moved to the naming of the parkland located at 17th Street, previously known as the Rogers Senior Center. Commissioner Miller asked for confirmation that should a decision HB -201-Item 17. - 11 Community Services Commission June 14, 2017 Meeting Minutes (776) Page 5 of 7 be made that the location become something other than a park, the money will remain in the budget. Dominguez said yes, it is set aside in case it is needed for park design and that park fund money cannot be expended for anything other than park related items . Laudenback noted that parkland also covers buildings and parking lots. She provided examples such as the Senior Center in Central Park and Edison Community Center in Edison Park. Discussion continued on whether the site considered a park or not and the deed restrictions. Dominguez said that it is zoned as parkland. Commissioner Thiel asked for a timeline of when a plan will be determined f or the site. Laudenback said a plan is due to City Council in the fall. Commissioner Carchio commented that he is happy to see the Beach Playground is listed in the CIP. He thanked staff, the Rotary Club and the Kiwanis for their efforts and feels it will be a public benefit for disabled youth. MOTION: A motion was made by Commissioner Carchio seconded by Schuetz to accept the Park Acquisition and Development Fund Capital Improvement Project Budget for FY 2017/2018. The motion carried by the following vote: Ayes: Benitez, Carchio, Cuzzacrea, Kaub, Miller, Schuetz, Sterud, Thiel Noes: None Abstain: None Absent: Burkart, Gasparian, Kreitz, Kwon, Mantini Park Naming for the Parkland Located at 17th Street and Orange Avenue (Rodgers Senior Center Site) – Dominguez said that through City Council, the item was submitted by Council Member Brenden to have the Park Naming & Memorials Committee (PN&MC) review the parkland located on 17 th Street for naming consideration. Dominguez reviewed the recommended timeline. Commissioner Kaub asked about the difference between the dates in Council Member Brenden’s Council item and the timeline being presented by staff. Dominguez explained that the original date of August 7 to have a recommendation to Council was modified to September 5 as part of Council’s motion to refer the item to the Commission and Park Naming and Memorials Committee. The HRB is scheduled to hear this item at their June 21st meeting and make a recommendation to the PN&MC Committee at their July meeting. Committee will then meet and form a recommendation to be presented at the August 9 Commission meeting. Should Commission accept Committees recommendation, it will be taken to Council at their September 5 meeting. MOTION: A motion was made by Commissioner Schuetz, second by Commissioner Carchio to send the park naming item as requested by Council Member Brenden to the Park Naming & Memorials Committee. Commissioner Kaub abstained, saying that she lives within 500 feet of the parkland. The motion carried by the following vote: Ayes: Benitez, Carchio, Cuzzacrea, Miller, Schuetz, Sterud, Thiel Noes: None Abstain: Kaub Absent: Burkart, Gasparian, Kreitz, Kwon, Mantini HB -202-Item 17. - 12 Community Services Commission June 14, 2017 Meeting Minutes (776) Page 6 of 7 Worthy Park – Dominguez reported that the project is going well. The restrooms are almost complete. The play equipment is going in; the fencing around the pickle ball court is going up; and the irrigation is being finalized for the multi -use practice field. The project is anticipated to be fully completed by the third week in July. A re -dedication is scheduled for the third week in August. Staff will notify Commissions when the date is confirmed. Central Park Tot Lot Improvements – Dominguez reported that the rubberized surfacing and the handicap access point have been completed at the tot lot in Central Park located near the dog park. WRITTEN COMMUNICATIONS: Written communications related to Murdy Park were included in the agenda packet for review. COMMISSION BUSINESS: Huntington Central Park Committee (HCPC) – Dominguez reported that the Huntington Central Park Committee met prior to the Commission meeting. The permanent parking lot item before Committee will be scheduled as a public input meeting, providing public notification to residents within 1000 ’of the park. Committee will form a recommendation, which is anticipated to be brought to Commission at the July meeting for approval of the concept design. Laudenback reported that the second item discussed at the meeting was the Mid-Year Allocation for the Infrastructure Fund of $500,000 for Central Park. Recommendation from HCPC is to allocate $250,000 to the east side parking lot; $150,000 to the east side pathways; and $100,000 to the east side irrigation. Dominguez said that Committee’s recommendation will come to Commission at the July 12 meeting. Commissioner Kaub said that it’s a great group working on the HCPC. She feels that the HCPC has accomplished a lot in a short amount of time and she thanks them for their time and dedication. COMMISSION AND STAFF COMMENTS: Commission Miller commends the HRB for all of the research and hard work they have done with regard to the Rodgers Center site, and as the Chair of the PN&MC, he looks forward to working with the HRB on the upcoming project. Comm issioner Miller also asked if there is a schedule for cleaning the tot lots in the parks. Dominguez said yes, Park, Tree and Landscape schedules cleaning of the surfacing, play equipment and sand. Discussion ensued on the cleaning process and schedule. Commissioner Carchio commented on the hard work Community Services staff and the pressures placed upon them from various sides. He feels that staff is doing a phenomenal job trying to keep everyone happy. HB -203-Item 17. - 13 Community Services Commission June 14, 2017 Meeting Minutes (776) Page 7 of 7 Commissioner Schuetz thanked staff for all of the information provided in the agenda packets. Commissioner Kaub said that with the HCP Committee discussions on ingress and egress out of Central Park in mind, she suggested that signage be installed prior to the entrance to the Senior Center in Central Park (SCCP) so that drivers will know that the facility is approaching and on which side of the street. Dominguez said the City is going through a “way-finding” project and the SCCP was mentioned. Commissioner Kaub also thanked staff and the HRB for their efforts. ITEMS DISTRIBUTED TO COMMISSION: None ADJOURNMENT: With no further business, Vice-Chair Kaub adjourned the meeting at 8:09 pm. Submitted by: David C. Dominguez Secretary Community Services Commission By: Charlene Gomez Recording Secretary HB -204-Item 17. - 14 Dept. ID ED 17-22 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: Approve and authorize execution of a HOME Recipient Agreement between the City and Interval House to administer a tenant-based rental assistance (TBRA) program for one year. The TBRA program will assist extremely low, very low and low income homeless households with rental assistance, security and utility deposits. Interval House qualifies the households, performs unit health and safety inspections, and provides support services to the clients. Financial Impact: The TBRA Agreement has two separate funding sources: (1) Federal HOME Investment Partnership Act Funds in the amount of $165,278 that will be used for rental assistance, security and utility deposits; and (2) Affordable Housing In-Lieu Fee (Fund 217) in the amount of $37,000 (21780101.75300) that will be used to administer the program. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a one-year “HOME Recipient Agreement between the City of Huntington Beach and Interval House” for Tenant Based Rental Assistance (TBRA) program; and, B) Approve an appropriation in the amount of $37,000 from the Affordable Housing In-Lieu Fee (217); and, C) Authorize the City Manager to sign all necessary documents to effectuate the Agreement and any future minor amendments to contract and/or US Department of Housing and Urban Development (HUD) documents, with review by the City Attorney. Alternative Action(s): Do not approve and direct staff as necessary. Analysis: On September 21, 2015, the City Council approved the implementation of a TBRA Program and a two-year agreement between the City and Interval House in the amount of $448,156. Interval House set-up a TBRA program that targeted homeless and at-risk of homelessness in Huntington Beach with a priority for providing assistance to veterans, seniors, and victims of domestic violence. The current TBRA Program agreement provides short and medium term rental assistance as well as housing relocation and stabilization services for 18 households. The TBRA Program met the City’s investment criteria by dedicating program assistance to homeless households with incomes at or below 30% area median income (AMI). On June 30, 2017, a minor amendment in the amount of $17,000 was granted to Interval House to house an additional five (5) households increasing their goal to 23 households. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director of Business Development SUBJECT: Approve and authorize execution of a HOME Recipient Agreement between the City and Interval House; and, approve an appropriation of $37,000 HB -205-Item 18. - 1 Dept. ID ED 17-22 Page 2 of 2 Meeting Date: 8/21/2017 The current agreement expires September 30, 2017. By the time the current Interval House contract concludes, they will have provided assistance to 29 homeless households, thereby exceeding their goal of 23 households. Of the 29, 19 households have completed the program and maintained their residency at the assisted apartment unit. One (1) household relocated to another affordable unit and one (1) household moved out of state. Eight (8) households are still receiving rental assistance. A one-year extension to the existing agreement is requested to assist an additional 11 eligible households for Fiscal Year 2017-18. Extending the agreement will provide for rental assistance priority to households that are referred by the Homeless Task Force and homeless families, in addition to veterans, seniors and domestic violence victims. In addition to implementing the City’s first TBRA Program, Interval House has extensive experience in providing services to households impacted by domestic violence, and works closely with the City’s Police Department in providing housing for eligible households. In 2009, Interval House also implemented the City’s Homelessness Prevention and Rapid Re-housing (HPRP), a similar federal funding program providing assistance to prevent homelessness and provide rapid re-housing. Annually, the City is allocated HOME funds from the US Department of Housing and Urban Development (HUD). A TBRA program is eligible under HOME guidelines to allocate funds to provide a rental subsidy to individual households to afford housing costs such as rental assistance and security deposits. The TBRA program one-year agreement with Interval House is included in the 2017-2018 Action Plan approved by the City Council on August 7, 2017. The Economic Development Committee reviewed the TBRA program on June 14, 2017, and recommended approval of a one-year agreement with Interval House as a sub-recipient of HOME funds to further implement the City's TBRA program. Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Attachment(s): 1. HOME Recipient Agreement between the City of Huntington Beach and Interval House (Tenant Based Rental Assistance) HB -206-Item 18. - 2 HOME RECIPIENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND INTERVAL HOUSE (Tenant Based Rental Assistance) This HOME RECIPIENT AGREEMENT (Tenant Based Rental Assistance) ("Agreement") is made and entered into as of ("Effective Date") by and between the CITY OF HUNTINGTON BEACH, a municipal corporation and charter city ("City"), and INTERVAL HOUSE, a California nonprofit public benefit corporation ("Subrecipient"). RECITALS A. City is a California municipal corporation and charter city under the laws of the State of California. B. City has applied for and received funds ("HOME Funds") from the United States Department of Housing and Urban Development ("HUD") pursuant to the HOME Investment Partnerships Act and HOME Investment Partnerships Program, 42 U.S.C. §12701, et seq., and the implementing regulations set forth in 24 CFR § 92.1, et seq. (together, "HOME Program") for the purposes of strengthening public-private partnerships to provide more affordable housing, and particularly to provide decent, safe, sanitary, and affordable housing for very low income and lower income citizens of Huntington Beach in accordance with the HOME Program. As used herein, the HOME Program includes the HUD Final Rule set forth at 78 FR 142, adopted July 24, 2013, which adopts substantial amendments to the HOME Program regulations set forth at 24 CFR Part 92. C. City is currently implementing a coordinated one-year strategy and program to provide financial assistance to eligible extremely low, very low and lower income families and households to enable such households to secure housing available at an affordable housing cost in the City. D. City has developed a Tenant Based Rental Assistance Program to assist veteran and senior families in the City to transition into permanent, supportive housing. City wishes to have fifty percent (50%) of new clients referred by the Huntington Beach Task Force. E. City wishes to engage the Subrecipient to assist the City in utilizing HOME Funds to provide tenant based rental assistance, security deposit assistance and utility assistance to veteran and senior residents of the City, in accordance with the terms and provisions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 17-59191162143/RLS 7/14/17/DO 1 HB -207-Item 18. - 3 ARTICLE 1 SCOPE OF SERVICES 1.1 Scope of Services. During the entire Term (defined below) of this Agreement, Subrecipient shall administer the City's HOME-funded Tenant Based Rental Assistance Program ("TBRA Program"), all in accordance with this Article 1 (collectively, the "Services") and the TBRA Program Operating Guidelines attached hereto as Exhibit A. In connection with the Services, Subrecipient shall comply with all requirements of the HOME Program, this Agreement and all applicable federal, state and local laws and regulations. Subrecipient shall further take all reasonable actions necessary to enable City to comply with City's obligations under the HOME Program relating to the TBRA Program. The Subrecipient shall perform the Services set forth in this Article 1 in furtherance of the TBRA Program. 1.2 Marketing and Outreach; Application Process. (a) Marketing and Outreach. Subrecipient shall undertake affirmative marketing and outreach activities to find prospective Eligible Households interested in the TBRA Program, all in accordance with HUD's Affirmative Fair Housing and Marketing regulations and the City's Affirmative Fair Housing Marketing Plan, when adopted. Subrecipient shall describe its marketing and outreach efforts in quarterly progress reports submitted to the City under this Agreement, as described in Exhibit B. (b) Waiting List. Subrecipient shall maintain a waiting list of prospective Eligible Households. The waiting list shall be prioritized first based on the most urgent need as determined by the Client Outcome Matrix Form set forth in Appendix I to the TBRA Program Operating Guidelines, prospective Eligible Households of equally urgent need will be helped on a first come-first served basis, based on the date and time of referral or initial direct contact with the Subrecipient. (c) Intake Process. Upon being contacted by a prospective Eligible Household (recruited through Subrecipent's affirmative marketing and outreach efforts), Subrecipient shall initially meet with such prospective Eligible Household to fill out an Initial Qualification Document in substantially the form attached as Appendix A to the TBRA Program Operating Guidelines, including an income calculation based on three months of source documentation (bank account statements, pay stubs, etc.) to prequalify such prospective Eligible Household. Subrecipient shall then meet with prequalified Eligible Households to determine and verify their qualifications and eligibility for assistance under the TBRA Program, provide such prequalified Eligible Households with the TBRA Program application and other documentation described below, assist prospective Eligible Households with the completion of the application and gross income calculation worksheet and qualify Eligible Households for the TBRA Program. Subrecipient shall provide every prequalified Eligible Household with all of the following documentation. 17-5919/1621431RLS 7114/17/DO 2 HB -208-Item 18. - 4 (i) Fifty percent (50%) of new clients will be referred by the Huntington Beach Homeless Task Force. (ii) TBRA Application in the form attached to the TBRA Program Operating Guidelines as Appendix B, or as otherwise approved in writing by the Executive Director of Community Development (or his designee) on behalf of the City ("Deputy Director"). The TBRA Application shall solicit information regarding each applicant household's income and assets, household size and composition (number of children and adults), names of household members, Housing Unit (defined below) size and location preferences, specific needs and considerations, and a race/ethnicity survey. (iii) Declaration of Homelessness Status or Declaration of At-Risk of Homelessness Status, as appropriate, in the forms attached to the TBRA Program Operating Guidelines as Appendix C. (iv) Rental Assistance Contracts for the landlord and the Eligible Households, in the forms attached to the TBRA Program Operating Guidelines. Income Calculation Form in the form attached to this Agreement as Exhibit C. (v) Household Budget Worksheet in the form attached to this Agreement as Exhibit D. (vi) Lead-Based Hazard Information Pamphlet "Protect Your Family from Lead in Your Home" attached to this Agreement as Exhibit E. (d) Guidance for Eligible Households. Subrecipient shall meet with prospective Eligible Households throughout the application process and shall continue to meet with and counsel each Eligible Household regarding the TBRA Program, the Eligible Household's responsibilities as participants of the TBRA Program, and the goals and objectives of the TBRA Program. 1.3 Determination of Eligibility. Subrecipient shall qualify all Eligible Households in accordance with the selection criteria described in this Section. Further, for all Eligible Households Subrecipient shall implement the selection criteria and policies in compliance with the City's Consolidated Plan and the City's housing needs and priorities. (a) Eligible Household. As used in this Agreement, "Eligible Household" refers to extremely low income households that are (i) currently residents of the City of Huntington Beach, and (i) currently homeless or at risk of homelessness and (iii) include at least one child (under the age of 19) enrolled and attending school in the City of Huntington Beach for at least 90 days prior to the time of admission into the TBRA Program. It is anticipated that the Eligible Households assisted pursuant to the TBRA Program will be the same households assisted pursuant to the ESG Agreement. 17-5919/162143/RLS 7/14117/DO 3 HB -209-Item 18. - 5 (i) As used in this Agreement, "at risk of homelessness" refers to a household that is at risk of being evicted due to an economic hardship in paying rent or staying current with rent, as determined in accordance with the ESG Program. (ii) For purposes of determining eligibility for the TBRA Program, a prospective Eligible Household's (or for continuing compliance, a participating Eligible Household's) gross annual income shall be determined in accordance with 24 CFR 5.609, with the allowable exclusions from income established at 24 CFR 5.611. For purposes of this Agreement, annual income means the gross amount of income from all sources, including assets, for all adult household members that is anticipated to be received prospectively during the 12-month period following the date of application and before any deductions are taken (and for a participating household, income anticipated for the 12 months following verification described in § 1.3(b)(ii) below.) When collecting income verification documentation, Subrecipient may also consider any likely changes in income. (iii) For purposes of this Agreement and the TBRA Program, income limits for extremely-low, very-low and low income households are established annually by HUD for the Orange County income limit area. (b) Income Verification. (i) Initial Verification. To determine if TBRA Program applicants (collectively, "Applicants") are income-eligible, Subrecipient must verify each Applicant's household income using source documentation such as wage statements, interest statements, unemployment compensation statements, and bank account statements, and other documentation types approved by HUD. Once an initial income verification is completed, the Subrecipient is not required to re-examine the Eligible Household's income unless six months has elapsed before assistance is provided. (ii) Annual Eligibility Verification. Subrecipient shall annually re-certify income and re-qualify each Eligible Household, including examination of source assistance must be terminated following a 30 day notification period. For households between 60% and 80% AMI the Subrecipient must obtain approval from the City before rental assistance is continued. (c) Verification of Eligibility. Subrecipient shall collect and examine source documentation submitted by the Applicant to verify the identity of the members of the Eligible Household and that the Eligible Household includes at least one child (under 19 years old) attending school in the City (and enrolled in a school in the City as of January 1, 2014). Subrecipient shall make a determination that the Eligible Household is currently experiencing homelessness or is at risk of 17-5919/1621431RLS 7/14117/DO 4 HB -210-Item 18. - 6 homelessness, as defined in the ESG Program (24 CFR 576.2), based on caseworker observations and certification and Applicant certification. (d) Written Notice of Eligibility Determination. Subrecipent shall provide written notice to each Applicant stating whether such Applicant was determined to be eligible for assistance under the TBRA Program. Applicants determined to be ineligible for TBRA Program assistance shall have an opportunity to appeal the determination to the Subrecipient's Executive Director. If the issue is not resolved, the case will be referred to the Deputy Director. The definitions of "homelessness" and "at risk of homelessness" under the ESG Program (24 CFR 576.2) are applicable to this Agreement. 1.4 Selection of Housing Units. (a) Housing Unit Selection. Subrecipient shall assist Eligible Households with finding and selecting an appropriate housing unit (each a "Housing Unit") that meets federal housing quality standards ("HQS") or such other standards as may be made applicable to the TBRA Program by HOME Program statutes and/or regulations, specifically including Uniform Physical Condition Standards (UPCS), and that satisfies the requirements of the TBRA Program, HOME Program and this Agreement. Eligible Households shall also be entitled to find a Housing Unit for themselves, subject to compliance with the requirements of the TBRA Program, HOME Program and this Agreement; however, the parties anticipate that in most cases, Subrecipient shall be responsible for locating and qualifying an appropriate Housing Unit for occupancy by each Eligible Household. Subrecipient may refer Eligible Households to appropriate Housing Units but may not require an Eligible Household to select a particular Housing Unit. Subsidy Payments shall only be provided in connection with the rental of a qualified Housing Unit located in the City, unless Subrecipient documents reason for selecting housing outside the City. Subsidy Payments under this Agreement are portable within the City. Subsidy payments under this Agreement are portable within the City. Subrecipient's obligations under this Section 1.4 apply to each Housing Unit to be occupied by an Eligible Household receiving Subsidy Payments hereunder. (b) Housing Unit Size; Occupancy Standards. Housing unit selection shall comply with the following "Occupancy Standards" for the applicable Eligible Household: No more than two persons per bedroom plus one may occupy the Housing Unit. Thus, no more than three persons may occupy a one bedroom Housing Unit, no more than five persons may occupy a two bedroom Housing Unit; no more than seven persons may occupy a three bedroom Housing Unit; no more than nine persons may occupy a four bedroom Housing Unit. 17-5919/162143/RLS 7/14/17/DO 5 HB -211-Item 18. - 7 (c) Property Inspection. Prior to occupancy of any Housing Unit by an Eligible Household, and again during the annual (or more often) verification process, Subrecipient shall cause a certified HQS inspector to inspect each Housing Unit occupied or to be occupied by an Eligible Household to ensure the Housing Unit complies with HQS as set forth in the HOME Program, including without limitation 24 CFR 92.251, as well as all applicable state and local codes and ordinances, including zoning ordinances. Subrecipient shall provide the City with documentation of each HQS inspector's certification. Each HQS inspection shall include all of the following: Verification of the age of the Housing Unit; (ii) Complete HQS Inspection Checklist in the form attached as Exhibit G, including a rating for the Housing Unit of Pass, Pass with Comment, or Fail; (iii) Lead-based hazard assessment, dissemination of lead-based hazard infoimation pamphlet and disclosure form and lead-based hazard reduction activities, if required by the HOME Program or applicable federal, state and/or local laws; (iv) Adequate opportunity for the Landlord (defined below) to correct any deficiencies indicated in the HQS Inspection Form to bring the Housing Unit into compliance with HQS requirements; (v) Verification that occupancy by the Eligible Household will comply with the Occupancy Standards set forth in Section 1.4(b); and (vi) Certification of rent reasonableness regarding the rent being charged for the Housing Unit based on comparable non-assisted Housing Units in the same area. Subrecipient shall perform the rent reasonableness review subject in each instance to review and approval by the City. City may elect to perform the rent reasonableness reviews on behalf of Subrecipient by providing written notice to Subrecipient. The rent charged under the written lease agreement for the Housing Unit shall conform to the rent reasonableness standard pursuant to the TBRA Program Operating Guidelines, which is based on local market conditions. The contract rent for Housing Units that are restricted to an affordable rent by agreement with the City or by regulation or ordinance, or otherwise, shall be likewise restricted to such affordable rent in accordance with the contractual, statutory or regulatory restrictions governing the permitted rents for such Housing Units and the Rental Assistance Subsidy Payment shall be limited and calculated accordingly, as described in Section 1.5(a), below. 17-5919/162143/RLS 7/14/17/D0 6 HB -212-Item 18. - 8 (d) Coordination with Landlords. (i) Landlord Guidance. Subrecipient shall provide guidance to the property owners, property owners' representatives, or property management companies hired by property owners (each a "Landlord" and collectively referred to as "Landlords") participating in the TBRA Program regarding the TBRA Program requirements and procedures that impact Landlords. (ii) Landlord Agreement. Subrecipient shall enter into a Landlord Agreement with each participating property owner/Landlord in substantially the form attached to the TBRA Program Operating Guidelines as Appendix E. The Landlord Agreement will establish the Subsidy Payments to be made by Subrecipient on behalf of the Eligible Household as well as the Eligible Household's initial share of the contract rent. The Landlord Agreement shall further establish the terms and conditions under which the Subsidy Payments shall be paid to the Landlord for the applicable Housing Unit, including applicable HOME Program requirements. The Landlord Agreement shall have an initial teun of 6-12 months, subject to extensions approved by Subrecipient and City (as applicable) pursuant to the TBRA Program Operating Guidelines. (iii) Tenant Protection Agreement. Subrecipient shall require each Landlord to enter into a lease agreement with a term of 12 months with any Eligible Household occupying a Housing Unit owned and/or managed by such Landlord, which lease agreement shall include a Tenant Protection Agreement in substantially the form attached to the TBRA Program Operating Guidelines as Appendix F, or an updated form of Tenant Protection Agreement as may be prepared and provided by the City to the Subrecipient, and then by Subrecipent to Landlord. The Tenant Protection Agreement shall be executed in connection with the lease agreement between the Landlord and Eligible Household. The Tenant Protection Agreement will prohibit the inclusion of prohibited lease terms listed at 24 CFR 92.253; confinn the Landlord's obligation to maintain the Housing Unit in accordance with HQS, as established at 24 CFR 982.401; and prohibit discrimination by the Landlord against the Eligible Household. Interval House will review the lease agreement to confirm its compliance with state law and all HOME Program requirements. If the Landlord's form of rental agreement is not acceptable, Subrecipient shall require the Landlord and Eligible Household to enter into a lease agreement that complies with state law, HOME requirements, and City requirements. I-5 Subsidy Payments. Subrecipient shall make rent payments, security deposit payments and/or utility deposit payments, as applicable (collectively, the "Subsidy Payments"), to Landlords and/or to utility providers, as applicable, on behalf of Eligible Households. Subsidy payments must be provided in accordance to the Subrecipient's TBRA Program Operating Guidelines. Eligible Households are not expected to repay Subsidy Payments 17-5919/162143/RLS 7/14117/DO 7 HB -213-Item 18. - 9 received pursuant to the TBRA Program. Except as may be permitted by the HOME Program, Subrecipient's sole remedy in the event of noncompliance or breach by an Eligible Household shall be non-renewal of assistance under the TBRA Program. (a) Rental Assistance Calculation. Subrecipient shall calculate the "Rental Assistance" payments to be paid on behalf of each Eligible Household under this Agreement. The initial household rent is equivalent to the maximum subsidy amount allowed under the HOME regulations and is calculated as the difference between 30% of the Eligible Household's gross monthly income and the payment standard for the size of the unit. (b) Payment Standards. Subrecipient must use the City's current payment standards as set forth in the Rent Reasonable Standards attached to the TBRA Program Operating Guidelines as Appendix G. The Housing Authority's payment standards represent the cost of rent and utilities for moderately priced units in Huntington Beach. Payment standards are established by bedroom size. (c) Utility Allowance. When utilities are included in the cost of renting a unit, that is, the owner assumes responsibility for payment for all utility services, the Eligible Households entire share of the housing costs will go directly to the owner. When the cost of utilities is not part of the rent, that is, the Eligible Household is directly responsible for payment of utility services, the Eligible Household's initial share will be determined by subtracting a utility allowance from 30% of the Eligible Household's gross monthly income. The Subrecipient must use the County of Orange's Housing Authority's Utility Allowance Schedule attached to the TBRA Program Operating Guidelines as Appendix H. (d) Term, 12. The Subrecipient will provide rental assistance for an initial feint of 6- 12 months, which can be extended in 6-12 month intervals, up to a total of six times, for a cumulative term of up to 24 months. Extensions will be granted at the discretion of the Subrecipient and shall be based on continued program compliance and ongoing need. The Subrecipient will evaluate ongoing need. (e) Security Deposit Assistance. Subrecipient may provide security deposit assistance to each Eligible Household. It is anticipated that Subrecipient shall provide Security Deposit Assistance to each Eligible Household in an amount of up to the lesser of: (A) two months' non-subsidized tenants. The lease agreement must provide that the security deposit is refundable in accordance with state law. Security deposit refunds shall be provided by the Landlord directly to the Eligible Household. Any disputes involving the return, or lack thereof, of a security deposit shall be settled by Eligible Household and landlord, as provided for in the lease. (f) Utility Deposit Assistance. Subrecipient may provide utility deposit assistance on behalf of each Eligible Household. It is anticipated that the Subrecipient will provide utility deposit assistance to each Eligible Household in the full amount of 17-59191162143/RLS 7/14/17/DO 8 HB -214-Item 18. - 10 any utility deposit required for electricity, gas, and/or water service to the utility provider when needed to assist the Eligible Household in establishing tenancy. Utility deposit assistance may be provided only if the following requirements are met: (i) Utility deposit assistance is only available where rental assistance and/or security deposit assistance are also being provided. (ii) Utility deposit assistance shall be paid directly to the Landlord or utility provider, as applicable, on behalf of the Eligible Household. Utility deposit refunds shall be returned directly to the Eligible Household. 1.6 Administrative Cost Reimbursements. The City will reimburse the Subrecipient for allowable costs incurred in administering the TBRA Program, which are associated with the determination of income eligibility, pursuant to 24 CFR 92.203, and property inspections under HQS, codified per 24 CFR 982.401. Administrative costs incurred in administering the TBRA Program that are ineligible under the HOME Program will be reimbursed from a non-HOME Program funding source, or Inclusionary Funds. The administrative costs to be reimbursed from the Inclusionary Funds include Intake Assessments, Housing Search, Case Management, Self-Sufficiency and related services and overhead. 1.7 Termination of Assistance and Returning Eligible Households. (a) Termination of Rental Assistance. Subrecipient may terminate assistance under the TBRA Program for any of the following reasons: (i) Eligible Household is evicted from the Housing Unit based on behavioral issues or unlawful activity; (n) Eligible Household has violated TBRA Participant Program; (iii) Eligible Household will be assisted by another rental assistance program such as the Section 8 Tenant-Based or Project-Based Programs. Participation in any other rental assistance program is considered a duplicative subsidy therefore all HOME funded rental assistance must be terminated. 1.8 Returning Eligible Households. As needed, Eligible Households may be allowed to return to the program for rental assistance. A determination to allow re-entry shall be based on the following criteria: (i) Eligible Households must have left the program in good standing. To be in good standing, Eligible Households must have been engaged in their ease management plan, voluntarily left the program (not in lieu of termination) 17-5919/162143/RLS 7114/17/DO 9 HB -215-Item 18. - 11 diligent efforts to Enroll additional Eligible Households within not more than three (3) months following written notice from the City that such additional funds are expected to become available. (ii) Subrecipient shall assist each Enrolled Eligible Household in finding an appropriate Housing Unit and shall conduct an HQS inspection of such Housing Unit, all within two (2) months following Enrollment of such Eligible Household. (iii) Subrecipient shall commence providing Subsidiary Payments on behalf of each Eligible Household and shall assist each Eligible Household to move into an HQS-inspected and approved Housing Unit, all within three (3) months following Enrollment of such Eligible Household. (c) Subrecipient shall cause each Eligible Household to commence participation in the required self-sufficiency program immediately upon Enrollment of such Eligible Household, whether or not such Eligible Household has yet moved into a Housing Unit and received the benefit of Subsidy Payments hereunder. 1.10 City Oversight and Approval Rights. City shall have the right, by written notice to Subrecipient at any time during the Term of this Agreement, to require City review and/or pre-approval of any of the Services to be performed by Subrecipient hereunder, including for example income determinations, qualification of applicants as "Eligible Households," qualification of Housing Units, determination of reasonable rents, etc., to ensure compliance with the TBRA Program, the HOME Program, or other applicable requirements. ARTICLE 2 TERM 2.1 Term. Services of the Subrecipient under this Agreement shall start on 10/1/17 and end on the earlier to occur of (i) 9/30/18 or (ii) the date the full amount of HOME Funds available under Section 3.2(a) below has been disbursed to Subrecipient and expended by Subrecipient to provide Subsidy Payments pursuant to this Agreement ("Term"), unless this Agreement is earlier terminated pursuant to Section 8.3. The Term of this Agreement and the provisions herein shall be further extended to cover any additional time period during which the Subrecipient remains in control of HOME Funds or other HOME assets, including program income. ARTICLE 3 BUDGET AND PAYMENTS 3.1 Budget. Subrecipient has submitted a budget to City for approval ("Budget"), which sets forth the estimated timing and use of the HOME Funds contributed by the City pursuant to this Agreement. The Budget is attached hereto as Exhibit F. Any amendments to an approved Budget for the Services must be approved by the City's Deputy Director or his 17-5919/162143/R1.S 7/14/17/DO 11 HB -216-Item 18. - 12 or her authorized designee. In the event this Agreement is extended past the initial Term or any additional moneys will be contributed to the TBRA Program by City pursuant to this Agreement, Subrecipient shall prepare and submit to the Deputy Director for approval an updated Budget for such additional moneys. Subrecipient shall prepare a Budget, for approval by Deputy Director, for each year during which this Agreement remains in effect. The City may require a more detailed line item breakdown of the Budget than the one contained herein, and the Subrecipient shall provide such supplementary information about the Budget in a timely fashion in the form and content prescribed by the City. 3.2 Reimbursement of Subsidy Payments. City shall reimburse Subrecipient for Subsidy Payment actually disbursed to or on behalf of Eligible Households pursuant to this Agreement and in accordance with line items on the approved Budget or as otherwise approved by the City's Deputy Director. City shall have no obligation to reimburse Subrecipient for ineligible administrative costs or expenses incurred by Subrecipient to manage or implement the TBRA Program or this Agreement, for the cost of social or supportive services provided to Eligible Households hereunder, or for any other costs or expenses incurred by Subrecipient in connection with its activities under this Agreement. City's payment obligations hereunder shall be limited to the actual amount of Subsidy Payments disbursed by Subrecipient and eligible administrative costs in accordance with the terms of this Agreement and the approved Budget. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. (a) Amount of Payments. It is expressly agreed and understood that the total amount of Home Program Funds to be paid by the City under this Agreement shall not exceed One Hundred Sixty-five Thousand Two Hundred Seventy-eight Dollars ($165,278). The amount of Inclusionary Funds to be paid by the City under this Agreement shall not exceed Thirty-seven Thousand Dollars ($37,000) annually. The dollar amount stated in the immediately preceding sentence may be increased by written amendment of this Agreement, signed by an authorized representative of Subreeipient and the Deputy Director. (b) Requests for Payments. To receive each payment under this Agreement, Subrecipient shall submit to the City a written reimbursement request or invoice in a form approved by City, along with such supporting documentation as may be requested by the City to verify Subrecipient's performance of the Services for which the payment is requested. Reimbursement requests shall be submitted no more frequently than two times per month. Payments will be adjusted by the City in accordance with fund advances, if any, and program income balances available in Subrecipient accounts. In addition, the City reserves the right to liquidate funds available under this Agreement for costs incurred by the City on behalf of the Subrecipient. 3.3 Payments Subject to Availability of HOME Funds. City's obligation to provide payments to Subrecipient hereunder is subject to City's receipt of HOME Funds from HUD pursuant to the HOME Program. 17-5919/162143/RLS 7114117/DO 12 HB -217-Item 18. - 13 3.4 Accounting. Subrecipient shall, upon request, provide City with an accounting report, in form and content reasonably satisfactory to City, of any funds disbursed by City pursuant to Section 3.2. ARTICLE 4 INSURANCE AND INDEMNIFICATION 4.1 Insurance. Without limiting City's right to indemnification, Subrecipient shall secure prior to commencing the performance of any Services under this Agreement, and maintain during the Term of this Agreement, insurance coverage as set forth in this Section. (a) Required Insurance. Subrecipient shall secure and maintain the following coverage: (i) Workers' Compensation Insurance as required by California statutes; (ii) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form; and (iii) Comprehensive Automobile Liability coverage, including — as applicable — owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single-limit, written on an occurrence form. The Deputy Director, with the consent of City's Risk Manager is hereby authorized to modify the requirements set forth above in the event he or she determines that a modification, whether an increase or decrease, is in City's best interest. (b) Required Clauses in Policies. Each insurance policy required by this Agreement shall contain the following clauses: "This insurance shall not be canceled or allowed to lapse without at least ten (10) days' prior written notice given to the City Clerk of the City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648." "It is agreed that any insurance maintained by the City of Huntington Beach shall apply in excess of and not contribute with insurance provided by this policy." Each insurance policy required by this Agreement, excepting policies for workers' compensation, shall contain the following clause: 17-5919/162143/RLS 7114117/DO 13 HB -218-Item 18. - 14 "The City of Huntington Beach, its officials, agents, employees, representative, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Huntington Beach. Subrecipient hereby agrees to waive subrogation which any insurer of the Subreeipient may acquire from the Subrecipient by virtue of the payment of any loss. If requested by City, Subrecipient agrees to obtain and deliver to City an endorsement from Subrecipient's general liability and automobile insurance insurer to effect this waiver of subrogation. (c) Property Insurance. Subrecipient shall further comply with the insurance requirements of 24 CFR 84.31. (d) Required Certificates and Endorsements. Prior to commencement of any Services under this Agreement, the Subrecipient shall deliver to City (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above, and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by City, it shall be the Subrecipient's responsibility to see that City receives documentation, acceptable to City, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, City reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this Agreement, including endorsements effecting the coverage required by these specifications. (e) Remedies for Defaults Re: Insurance. In addition to any other remedies City may have if the Subrecipient fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: (i) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under the Agreement; (ii) Order the Subrecipient to stop work under this Agreement and/or withhold any payment(s) which become due to the Subrecipient hereunder until the Subrecipient demonstrates compliance with the requirements hereof; or (iii) Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for the 17-5919/162143/RLS 7/14/17/DO 14 HB -219-Item 18. - 15 Subrecipient's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which the Subrecipient may be held responsible for payment of damages to persons or property resulting from the Subrecipient's or its subcontractor's performance of the Services covered under this Agreement. 4.2 Indemnification. (a) As respects acts, errors or omissions in the performance of Services under this Agreement, the Subrecipient agrees to defend, indemnify and hold harmless City, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of the Subrecipient's negligent acts, errors or omissions in the performance of Services under the terms of this Agreement. (b) As respects all acts or omissions which do not arise directly out of the performance of Services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Subrecipient agrees to indemnify, defend (at City's option), and hold harmless City, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with Subrecipient's performance or failure to perform, under this Agreement; excepting those which arise out of the sole negligence of City. ARTICLE 5 ADMINISTRATIVE REQUIREMENTS 5.1 Financial Management. (a) Accounting Standards. Subrecipient agrees to comply with 24 CFR 84.21 through 84.28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. (b) Cost Principles. Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organization." These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 5.2 Documentation, Recordkeeping, Reporting and Monitoring. Subrecipient shall maintain documents and records, prepare and submit reports, and permit City to monitor Subrecipient's activities all in accordance with the requirements set forth in Exhibit B and applicable laws and regulations. All requirements set forth in such Exhibit B are incorporated herein as if set forth in full in this Agreement. 17-5919/162143/RLS 7/14/17/DO 15 HB -220-Item 18. - 16 5.3 Use and Reversion of Assets. The use and disposition of property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFT 92.504, as applicable. The Subrecipient shall transfer to the City any HOME Funds on hand and any accounts receivable attributable to the use of HOME Funds under this Agreement at the time of the earliest to occur of expiration, cancellation, or termination. 5.4 Ownership of Documents. All documents and materials, both tangible and intangible, furnished by or through the City to Subrecipient pursuant to this Agreement are and shall remain the property of City and shall be returned to City upon the earliest to occur of expiration, cancellation, or termination of this Agreement. All documents and materials prepared by Subrecipient under or related to this Agreement shall become the property of City at the time of payment to Subrecipient of all fees, if any, for their preparation, and shall be delivered to City by Subrecipient at the request of City, and in any event upon the earliest to occur of expiration, cancellation, or termination of this Agreement. ARTICLE 6 PERSONNEL & PARTICIPANT CONDITIONS 6.1 Civil Rights. (a) Compliance. The Subrecipient agrees to comply with the Huntington Beach Municipal Code, Government Code Section 4450, et seq., the Unruh Civil Rights Act, Civil Code Section 51, ei seq., Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. (b) Nondiscrimination. The Subrecipient agrees to comply with (1) the requirements of 24 CFR Part 5, subpart A, which relate to nondiscrimination and equal opportunity; (2) the nondiscrimination requirements of Section 282 of the HOME Investment Partnerships Act, 42 U.S.C. Section 12701, et seq. (c) Section 504. The Subrecipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. 6.2 Affirmative Action. (a) Executive Order 11246. The Subrecipient agrees that it shall be committed to carry out pursuant to the City's specifications an Affiluiative Action Program in 17-5919/1621431RLS 7/14/17/DO 16 HB -221-Item 18. - 17 keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. (b) Women- and Minority-Owned Businesses (W/NIBE). The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. (c) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. (d) Subcontract Provisions. The Subrecipient will include the provisions of Sections 6.1, Civil Rights, and 6.2, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub-subrecipients or subcontractors. 6.3 Employment Restrictions. (a) Prohibited Activity. The Stibrecipient is prohibited from using HOME Funds provided herein or personnel employed in. the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. (b) Labor Standard. The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as and when those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq) and the implementing regulations thereto issued by the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements. (c) Prevailing Wage. The Subrecipient agrees that, to the extent applicable, all contractors engaged under contracts for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement shall 17-59191162143/RLS 7/14/17/DO 17 HB -222-Item 18. - 18 comply with the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 and California Labor Code Section 1720, et seq. governing the payment of wages and ratio of apprentices and trainees to journey workers. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. (d) Section 3 Clause. The Subrecipient agrees, to the extent applicable, to comply with Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135. 6.4 Conduct (a) Assignment. The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Subrecipient from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assigrmient or transfer shall be furnished promptly to the City. (b) Subcontracts. (i) Approvals. The Subrecipient shall not enter into any subcontracts with any entity, agency or individual in the performance of this Agreement without the written consent of the City prior to the execution of such agreement. (n) Monitoring. The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. (iii) Content. The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. (iv) Selection Process. The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. (c) Hatch Act. The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U. S .C. 17-5919/1621431RIS 7/14/17/DO 18 HB -223-Item 18. - 19 (d) Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 92.356, which include (but are not limited to) the following: (i) The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers. employees or agents engaged in the award and administration of contracts supported by HOME Funds. (ii) No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of a contract supported by HOME Funds if a conflict of interest, real or apparent, would be involved. (iii) No covered persons who exercise or have exercised any functions or responsibilities with respect to HOME-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the HOME-assisted activity, or with respect to the proceeds from the HOME-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Subrecipient, or any designated public agency. (e) Lobbying. The Subrecipient hereby certifies that: (i) No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (ii) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and (iii) It will require that the language of paragraph (iv) of this certification be included in the award documents for all subawards at all tiers (including 17-5919/162143/RLS 7114/17/DO 19 HB -224-Item 18. - 20 subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. (f) Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, US.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (g) Religious Activities. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities such as worship, religious instruction, or proselytization. ARTICLE 7 GENERAL CONDITIONS 7.1 General Compliance. The Subrecipient agrees to comply with the requirements of the HOME Program in the administration and implementation of the TBRA Program and this Agreement. The Subrecipient shall carry out each activity in compliance with all regulations described in subpart H of 24 CFR Part 92, except that the Subrecipient does not assume the City's responsibilities for environmental review under 24 CPR 92.352 and the intergovernmental review process described in 24 CFR 92.357 does not apply to the Subrecipient. The Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 7.2 Familiarity with Services; Qualified Personnel. (a) By executing this Agreement, Subrecipient represents and warrants that Subreeipient (i) has thoroughly investigated and considered the Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the requirements, difficulties and restrictions attending the performance of the Services under this Agreement. (b) Subrecipient represents that Subrecipient has or will secure and maintain, at Subrecipient's so le cost and expense, all qualified and licensed personnel required to perform the Services. Staff and any additional personnel hired by Subrecipient shall be employees of Subrecipient. Such personnel shall not be deemed to be employees of City or to have any contractual relationship with City. Such Personnel shall be authorized or permitted under state and local law to perform the Services. 17-5919/162143/RLS 7114117/DO 20 HB -225-Item 18. - 21 7.3 Independent Contractor. In performing under this Agreement, Subrecipient is and shall at all times be acting and performing as an independent contractor to City, performing its duties in accordance with its own judgment. City shall neither have nor exercise any control or direction over the methods by which Subrecipient performs its work and function nor shall City have the right to interfere with such freedom or action or prescribe rules or otherwise control or direct the manner in which such services are performed. The sole interest of the City in the Services performed by the Subrecipient is that such Services be performed in a legal competent, efficient and satisfactory manner. Nothing contained herein shall cause the relationship between the parties to this Agreement to be that of employer and employee. Subrecipient shall not have the authority to obligate City to any contract, obligation, or undertaking whatsoever and shall make no representation, either oral or in writing. 7.4 Subrecipient Representative. Subrecipient hereby designates Carol Williams as its Project Manager for the TBRA Program ("Subrecipient's Representative"). Subrecipient's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 7.5 Nepotism. Subrecipient shall not hire or permit the hiring of any person to fill a position funded through this Agreement if a member of the person's immediate family is employed in an administrative capacity by City's HOME Program or any department of the City which is administering the HOME Program. For the purposes of this section, the term "immediate family' means spouse, child, mother, father brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisory or management responsibilities, including serving on the governing body of City. 7.6 Hold Harmless. The Subrecipient shall indemnify, hold harmless, and defend the City and their elected officials, officers, employees and agents and shall pay for expenses incurred by the City for any and all claims, actions, suits, charges and judgments whatsoever related in any manner to or that arise out of the Subrecipient's performance or nonperformance of the Services or subject matter called for in this Agreement. 7.7 City Recognition. The Subrecipient shall insure recognition of the role of the City in providing Services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. 7.8 Notices. Any approval, disapproval, demand, document or other notice ("Notice") which any party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, (iii) facsimile transmission, or (vi) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the 17-5919/162143/RLS 7/14/17/DO 21 HB -226-Item 18. - 22 address of the party as set forth below, or at any other address as that party may later designate by Notice. Service shall be deemed conclusively made at the time of service if personally served; upon confifmation of receipt if sent by facsimile transmission; the next business if sent by overnight courier and receipt is confirmed by the signature of an agent or employee of the party served; the next business day after deposit in the United States mail, properly addressed and postage prepaid, return receipt requested, if served by express mail; and three (3) days after deposit in the United States mail, properly addressed and postage prepaid, return receipt requested, if served by certified mail. Subrecipient: Interval House Carol Williams Interval House 6615 E. Pacific Coast Highway, #170 Long Beach, CA 90803 City: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 With copies to: Kellee Fritzal Office of Business Development 2000 Main Street Huntington Beach, CA 92648 Such addresses may be changed by Notice to the other party(ies) given in the same manner as provided above. 7.9 Amendment and Waiver. This Agreement may be amended, modified, or supplemented only by a writing executed by each of the parties. Any party may in writing waive any provision of this Agreement to the extent such provision is for the benefit of the waiving party. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by that party or its or any other party's compliance with any representations or warranties or with any provision of this Agreement. 7.10 Entire Agreement. This Agreement, including all Exhibits attached hereto, embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to the subject matter. In the event of a conflict between this Agreement, on one hand, and any Exhibit attached hereto, on the other hand, the provisions of this Agreement shall control; provided, if it is possible to comply with the requirements of this Agreement and the Exhibits, the parties shall do so. The following Exhibits are attached to this Agreement and incorporated herein: 17-5919/162143/RLS 7/14/17/DO 22 HB -227-Item 18. - 23 Exhibit A TBRA Program Operating Guidelines Appendix A Initial Qualification Form Appendix B TBRA Application Appendix C Declaration of Homelessness Appendix D Housing Quality Standards (HQS) Inspection Checklist Appendix E Landlord Agreement Appendix F Tenant Protection Agreement Appendix G Rent Reasonableness Standard Appendix H Orange County Housing Authority — Utility Allowance Schedule Appendix I Participant Agreement Appendix J Case Management and Self Sufficiency Program Policies and Procedures Exhibit B Documentation, Recordkeeping, Reporting and Monitoring Requirements Exhibit C Gross Income Calculation Form Exhibit D Household Budget Worksheet Exhibit E Lead-Based Hazard Information Pamphlet "Protect Your Family from Lead in your Home" Exhibit F Budget Exhibit G Housing Quality Standards (HQS) Inspection Checklist 7.11 Governing Law. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of California. 7.12 Non-Liability of Members, Officials and Employees of City. No member, official or employee of City shall be personally liable to Subrecipient, or any successor in interest, in the event of any Default or breach by City or for any amount which may become due to Subrecipient or Subrecipient's successors, or on any obligation under the terms of this Agreement. Subrecipient hereby waives and releases any claim Subrecipient may have 17-5919/1621431RLS 7114/17/DO 23 HB -228-Item 18. - 24 against the member, officials or employees of City with respect to any Default or breach by City or for any amount which may become due to Subrecipient or Subrecipient's successors, or any obligations under the terms of this Agreement. Subrecipient makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY FILM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." ARTICLE 8 ENFORCEMENT; TERMINATION 8.1 Events of Default. (a) For purposes of this Agreement, the word "Default" shall mean the failure of Subrecipient to perform any of Subrecipient's duties or obligations or the breach by Subrecipient of any of the terms and conditions set forth in this Agreement; any failure by Subrecipient to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; any ineffective or improper use of funds provided under this Agreement; or submission by the Subrecipient to the City reports that are incorrect or incomplete in any material respect. In addition, Subrecipient shall be deemed to be in Default upon Subrecipient's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the ease of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Subrecipient's assets or of Subrecipient s interests hereunder. (b) City shall not be deemed to be in Default in the performance of any obligation required to he performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Subrecipient specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance 17-5919/162143/RLS 7/14/17/DO 24 HB -229-Item 18. - 25 within such thirty (30) day period and thereafter diligently prosecute the same to completion. 8.2 Institution of Legal Actions. In addition to any other rights and remedies, and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or in equity to seek the specific performance of the teims of this Agreement, to cure, correct or remedy any Default, to recover damages for any Default or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of California, State of California or in the United States District Court for the Central District of California. 8.3 Acceptance of Service of Process. ln the event that any legal action is commenced by the Subrecipient against City, service of process on City shall be made by personal service upon the City Clerk or in such other manner as may be provided by law. In the event that any legal action is commenced by City against the Subrecipient, service of process on the Subrecipient shall be made by personal service upon Subrecipient's Representative or in such other manner as may be provided by law. 8.4 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other party. 8.5 Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 8.6 Attorney's Fees. City and Subrecipient agree that in the event of litigation to enforce this Agreement or terms, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall not be entitled to costs and expenses, including reasonable attorney's fees, incurred in connection with such litigation, such that each party shall be responsible for their costs and attorneys' fees. 8.7 Termination. (a) Termination for Cause. In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement in the event of a Default by the Subrecipient under this Agreement. Subrecipient may suspend or terminate this Agreement if City fails to make payments to Subrecipient as required herein. (b) Termination for Convenience. In accordance with 24 CFR 85.44, this Agreement may also be tenninated for convenience by either the City or the 17-59191162143/RLS 7/14/17/DO 25 HB -230-Item 18. - 26 COUNTERPART By: Deputy Dirciefor of Business Development Subrecipient, in whole or in part, by setting forth the reasons for such termination, the date the termination will be effective, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. IN WITNESS WHEREOF, the parties have executed this HOME Recipient Agreement (Tenant Based Rental Assistance) as of the Effective Date, which is the date of the City Council approving this Agreement. SUBRECIPIENT: INTERVAL HOUSE, a California nonprofit corporation By: Print name ITS: (circle one) Chairman/PresidentNice President AND By: CITY: CITY OF HUNTINGTON BEACH, a municipal corporation and charter city Mayor ATTEST: City Clerk print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer APPROVED AS TO FORM: By: City Attorney oNV.,Q, INITIATED AND APPROVED: REVIEWED AND APPROVED: City Manager 26 17-5919/162143/RLS 7/14/17/DO HB -231-Item 18. - 27 AND Subreeipient, in whole or in part, by setting forth the reasons for such termination, the date the termination will be effective, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. IN WITNESS WHEREOF, the parties have executed this HOME Recipient Agreement (Tenant Based Rental Assistance) as of the Effective Date, which is the date of the City Council approving this Agreement. SUBRECIPIENT: INTERVAL HOUSE, a California nonprofit corporation By: Print ntanc__,..„ 4 ITS: (circle one) Chairmas skient/Vite Pr ident CITY: CITY OF HUNTINGTON BEACH, a municipal corporation and charter city Mayor ATTEST: City Clerk A t--OL— /11 , print name ITS (circle one) Secretary/Chief Financial Officer/Asst. Secretary— Treasurer L TI Ir l)..2:i .:.r Uc/ APPROVED AS TO FORM: By: City Attorney 000 INITIATED AND APPROVED: By: Deputy Director of Business Development COUNTERPART REVIEWED AND APPROVED: City Manager 17-5919/162143/RLS 7/14/17/D0 26 HB -232-Item 18. - 28 Exhibit A TBRA Program Operating Guidelines HB -233-Item 18. - 29 City of Huntington Beach Tenant-Based Rental Assistance Program Operating Guidelines I. Program Overview The City of Huntington Beach (City) has established a Tenant-Based Rental Assistance (TBRA) program (Program) that follows all the requirements of the HOME Program, as set forth in the HOME Program under Section 24, Part 92, of the code of Federal Regulations (24 CFR 92). In 2015, the City published a Request for Proposals (RFP) and selected Interval House to administer the Program through 2017. The City will evaluate the impact of the Program on homeless individuals and families at the end of the term to determine the merits of extending the program and the effectiveness of the services provided by Interval House. Key indicators of success will include the ability to transition off the Program and remain housed without assistance for at least six months, increases in earned income, and sustainable rent burden (at or below 30% of family income). The Program will provide short and medium-term rental assistance was well as housing relocation and stabilization services for homeless and at-risk of homeless households from Huntington Beach, who have extremely-low income. The Program will meet the City's Investment Criteria by targeting program assistance up to 11 homeless households, all with incomes at or below 30% AMI and preference given to veterans, seniors and victims of domestic violence. Fifty percent (50%) of Client served will be referred from the Huntington Beach Homeless Task Force. The procedures set forth herein establish the tenant selection guidelines for the Program, provide the necessary operating structure for the Program and clarify the roles and responsibilities of Interval House and the City. II. Marketing, Outreach and Application Process A. Marketing and Outreach Interval House is responsible for marketing and outreach activities to find prospective Eligible Households interested in the Program. Interval House will conduct community presentations, outreach, training to community organizations, and participate in community events to educate on TBRA resources available. Additionally, Interval House will continue to partner with Huntington Beach Police Department, 0C211, Huntington Beach Homeless Task Force, and other housing providers to refer eligible residents of Huntington Beach eligible for TBRA assistance. Interval House will provide quarterly reports to the City that shall describe the marketing and outreach efforts for the quarter. All marketing need to be done to meet all affirmative marketing requirements. HB -234-Item 18. - 30 13. Waiting List Once the Program has reached maximum enrollment, estimated at 11 households over the one-year contract period, Interval House shall maintain a waiting list of prospective Eligible Households. This list will be prioritized as follows: • Clients who have been assessed for TBRA eligibility, completed intake process, and ready for housing placement. • Clients who have been assessed for TBRA eligibility, completed intake process, and searching for housing. • Clients who have been assessed for TBRA eligibility and pending intake. Ready for housing placement means that the household has found a housing unit that meets TBRA requirements (many landlords won't accept third party payments, rent requested by landlord is too high, won't allow unit inspection, etc.) • Priority ranking will be given for Homeless Category 1 (24 CRF 91, 582 and 583) - literally homeless participants will come from the streets or other locations not meant for human habitation, emergency shelters, or safe havens, Targeted preference will be given to veterans, seniors, and victims of domestic violence (Homeless Category 4) to support the City's investment priorities. Within these categories, households will be helped on a first come — first served basis, based on the date and time of application completed. C. Intake Process As part of the intake process, Interval House will meet with the prospective Eligible Household to conduct a needs assessment and complete an Initial Qualifications Form (Appendix A). If the Program has reached maximum capacity, Interval House shall review the applicant to assess if other services may be offered while the applicant is waiting for a slot to open in the Program. As part of the intake process, Interval House shall also request and/or assist the prospective Eligible Household with the completion of the following documents: • TBRA Application (Appendix B) • Declaration of Homeless Status or Declaration of At-Risk of Homelessness Status (Appendix C) D. Guidance for Eligible Households Interval House will meet with the prospective Eligible Households throughout the application process and will continue to meet with and counsel each Eligible Household regarding the Program, the Eligible Household's responsibilities as participants of the Program, and the goals and objectives of the Program. HB -235-Item 18. - 31 III. Determination of Eligibility The Program will utilize HOME Program funds for supportive services and rental assistance. As such, the applicants must meet the eligibility qualifications of the HOME Program. Eligibility for services offered by the Program shall adhere to the following selection criteria: A. Income Eligible Households • To receive supportive services as well as rental assistance under the HOME Program, the Applicant's total household income must be at or below 30% of the Orange County area median income (AMI). However, once the Applicant is part of the Program, the household income can increase up to 80% of the AMI before Interval House must give notice of termination from the Program. • Income limits for extremely-low income households are established annually for the HOME Program by HUD for the Orange County income limit area. • Gross Annual Income shall be determined in accordance with 24 CFR 5.609, with the allowable exclusions from income established at 24 CFR 5.611. • Gross Annual Income means the gross amount of income from all sources, including assets, for all adult household members that is anticipated to be received prospectively during the 12-month period following the date of application and before any deductions are taken. • Interval House will determine and verify eligibility for assistance under the Program through the review of income source documents. As outlined in the revised HOME rules published in July 2013, applicants must provide evidence of income for the two (2) most recent months. Acceptable source documents include wage statements, check stubs, entitlement verification from another government agency and bank statements. The definition of income for the purposes of the Program is located at 24 CFR Part 5 (often referred to as the Section 8 definition). In cases where no evidence of income (third-party verification) is available, Interval House may allow clients to self-report their income. In such cases, Interval House staff will provide a written explanation for why they were unable to obtain third-party verification or documentation. • Interval House may also consider any likely changes in income when collecting income verification documentation. • Initial income verifications are valid for six months. If admission to the Program takes longer than 6 months, income verifications must be updated and reevaluated. After initial verification, income recertification shall be conducted annually. Income verifications will be used for two purposes: — To determine eligibility for services. A determination of eligibility will be completed as part of the admissions process and thereafter annually. HB -236-Item 18. - 32 Program Targeted Populations — Income information will be used to establish the household's initial contribution toward rent, which shall be set at 30% of the household income. The household's initial contribution will remain unchanged for at least six months. B. Current Residents of the City of Huntington Beach Due to the nature of the population served by the Program, it may not be possible to obtain traditional proof of residency documentation such as utility bills. The following documentation can be accepted to establish that an applicant household qualifies for the Huntington Beach live/work preference: N Documentation from a Huntington Beach school that the children in the household have been enrolled in and attending the school for at least the last 90 days from the time of admission into the Program. Documentation from a partner agency, such as the Huntington Beach Police Department, evidencing that the family is known to be homeless in Huntington Beach. Proof that the applicant's last place of stable residency was in the City of Huntington Beach. Verification from a landlord is acceptable. Proof that an adult member of the household is working or has been recently hired to work in Huntington Beach. C. Currently Homeless or At-Risk of Homelessness • At-Risk of Homelessness refers to a household that is at imminent risk of being evicted due to an economic hardship in paying rent or staying current with rent. (Category 2 of HUD Homeless Definition) . Homelessness refers to a household who meets the HUD Homeless Definition at 24 CRF 91, 582 and 583: Category 1 (literally homeless) and Category 4 (fleeing/attempting to flee violence and living in a place described in Category 1). D. Preferences The following summarizes the populations that Interval House will target (note that the total percentages do not total to 100%): Veterans Seniors Victims of Domestic Violence Homeless 40% 40% 40% 30% HB -237-Item 18. - 33 E. Annual Eligibility Verification • Interval House will requalify each Eligible Household, including examination of source documentation, on an annual basis. • Interval House may request that a participating Eligible Household provide verification(s) more often than annually, as reasonably necessary to confirm continued qualification and eligibility for the Program. • Interval House will provide written notice to each applicant stating whether the Eligible Household was determined to be eligible for continued assistance under the Program. IV. Selection of Housing A. Housing Unit Selection Eligible Households must be residents of Huntington Beach and may elect to rent any Housing Unit in the City so long as the unit meets federal housing quality standards (HQS) or such other standards as may be made applicable to the Program by HOME Program statues and/or regulations, specifically including Uniform Physical Condition Standards (UPCS) and passes a rent reasonableness test. Due to the nature of the population served by the Program, it is expected that Interval House will assist Eligible Households with finding and selecting an appropriate Housing Unit that meets all program requirements. If an appropriate Housing Unit cannot be located within the City boundaries, a Housing Unit can be located outside of the City boundaries when housing is not suitable within City boundaries. While Interval House can refer Eligible Households to appropriate Housing Units, households may not be required to select a particular Housing Unit. Rental assistance under the Program is only provided for Housing Units that meet the criteria established by the City of Huntington Beach HOME/TBRA Program. B. Occupancy Standards The number of persons in each Eligible Household will determine the required unit type. Each household must comply with the two per bedroom plus one occupancy standard. The following table provides the occupancy standards by unit type: Number in Household Unit Type One-bedroom Unit Up to 3 Persons Two-bedroom Unit Up to 5 Persons Three-bedroom Unit Up to 7 Persons Four-bedroom Unit Up to 9 Persons C. Property Inspections Prior to occupancy of any Housing Unit by an Eligible Household, and again during the annual verification process, Interval House will have a certified HQS inspector, inspect each Housing Unit to HB -238-Item 18. - 34 ensure the unit complies with HQS as set forth in the HOME Program (24 CFR 92.251), as well as all applicable state and local codes and ordinances, including zoning ordinances. Each HQS inspection will include the following: • Verification of the age of the Housing Unit (on Rent Reasonableness Form); i Completed HQS Inspection Form (HUD-52580); • Lead-based paint hazard assessment, dissemination of lead-based paint information pamphlet and disclosure form and lead-based paint reduction activities, if required; • Adequate opportunity for landlord to correct any deficiencies indicated in the HQS Inspection form to bring the Housing Unit into compliance; and • Verification that occupancy by the Eligible Household will comply with occupancy standards. The HQS Inspection Form is located in Appendix D. D. Rent Reasonableness Rental assistance paid on behalf of the Eligible Household must be in compliance with federal Rent Reasonableness requirements which require that rents paid by or on behalf of assisted households be similar to rents paid by non-assisted households. Rent Reasonableness reviews will be performed by Interval House. The factors listed below shall be considered when determining rent comparability: • Location and age; • Unit size including the number of rooms and square footage or rooms; • The type of unit including construction type (e.g., single family, duplexes, garden, low-rise, high- rise); • The quality of the unit, which includes the building construction, maintenance and improvements; and • Amenities, services and utilities included in the rent. Interval House will follow both the rent reasonableness regulations established for the Housing Choice Voucher (HCV) program at 24 CFR 982.507 to evaluate rents. In the event that a rent request does not meet rent reasonableness requirements, Interval House shall attempt to negotiate a lower rent with the property owner. If the owner is not willing to accept a lower rent, the household must be instructed to search for another unit. Under no circumstances shall Interval House or the assisted household agree to pay more than approved through the rent reasonableness review. Additionally, the assisted household is not allowed to make up any difference in the rent offer. HB -239-Item 18. - 35 E. Coordination with Landlords Interval House will meet with and provide guidance to landlords participating in the Program regarding the requirements and procedures that impact landlords. i. Landlord Agreement (Appendix E) • Interval House will enter into a Landlord Agreement with each participating landlord or property owner. The Landlord Agreement will establish the security deposit assistance payment and the initial rental assistance payments to be paid on behalf of the household. The Agreement will also establish the participating household's initial share of the contract rent. The Agreement will also require the landlord to provide Interval House with notice of a lease termination, and reaffirm the tenant protections included in the Tenant Protection Agreement. • The Eligible Household's share of rent will be re-evaluated every 6 months. • This contract will have an initial term of 12 months. ii. Tenant Protection Agreement (Appendix F) • The landlord will be required to enter into a lease agreement with a term of 12 months with any Eligible Household occupying a Housing Unit. • The lease agreement will include a Tenant Protection Agreement that will be executed in connection with the lease between the landlord and the Eligible Household. • The Tenant Protection Agreement will include the following elements: • Prohibit the inclusion of the following provisions in the lease, as required by 24 CFR 92.253: • (1) Agreement to be sued; • (2) Treatment of property; • (3) Excusing owner from responsibility; • (4) Waiver of notice; • (5) Waiver of legal proceedings; • (6) Waiver of a jury trial; • (7) Waiver of right to appeal court decision; • (8) Tenant chargeable with cost of legal actions regardless of outcome; and • (9) Mandatory supportive services. HB -240-Item 18. - 36 • Confirm the landlord's obligation to maintain the Housing Unit in accordance with HQS, as established at 24 CFR 982.401. • Prohibit discrimination by the landlord against the Eligible Household. • Interval House will review the lease agreement to confirm its compliance with state law and all HOME Program requirements. V. Payment Standards, Rent Calculation, Term and Subsidy Reductions As authorized by HOME TBRA regulations, the Program will rely on a traditional rental assistance calculation. The model allows for the rent subsidy determination based on 30% of household income. A. Rent Assistance Calculation Interval House will complete a rental assistance calculation for each Eligible Household. The calculation will determine each household's Program subsidy and share of the rent. The maximum amount of monthly assistance that Interval House may pay on behalf of a family is the difference between the rent standard for the unit size and 30% of the household's monthly adjusted income. Each household's maximum rent subsidy will vary since the calculation involves the use of individualized factors such as the household's actual income and family size. The initial household contribution to rent will remain unchanged for at least six months. Minimum tenant contribution to rent under the Program is set at $50.00. This minimum is used if the maximum subsidy calculation would result in the household paying less than $50.00 towards the monthly rent (e.g. if 30% of the household's monthly adjusted income is less than $50.00). This minimum contribution may be waived in exceptional circumstances. B. Rent Reasonableness Standards The Program must use the Rent Reasonableness Standard (Appendix G) to calculate monthly rental assistance. The payment standards represent the cost of rent and utilities for moderately priced units in Huntington Beach. Payment standards are established by bedroom size. When utilities are included in the cost of renting a unit, that is, the owner assumes responsibility for payment for all utility services, the household's entire share of the housing costs will go directly to the owner. When the cost of utilities is not part of the rent, that is, the household is directly responsible for payment of utility services, the household's initial share will be determined by subtracting a utility allowance from 30% of the household's income. Interval House must use the Orange County Housing Authority utility allowance schedule (Appendix H) to determine the household's utility allowance. In these cases, the household's share of the rent is equal to 30% of the household's monthly adjusted income minus the applicable monthly utility allowance. Each household is responsible for paying their rent share directly to the landlord each month. HB -241-Item 18. - 37 If a selected Housing Unit is subject to contractual, statutory and/or regulatory affordability restriction, the monthly rental assistance payments will not exceed the difference between the required affordable rent amount for the Housing Unit and 30% of the Eligible Household's monthly adjusted income. i. Participant Agreement (Appendix I) Interval House will enter into a Participant Agreement with each participating client household. The Participant Agreement will establish the Eligible Household's responsibilities towards rent payments. The Agreement will establish the participating household's initial share of the contract rent, which will be adjusted every 6 months. Term Interval House will provide rental assistance for an initial term of 6 months, which can be extended every 6-12 months, for a cumulative term of up to 24 months. Extensions will be granted at the discretion of Interval House and shall be based on continued Program compliance and ongoing need. Interval House will utilize the Gap Analysis and Income Re-Evaluation to assess ongoing need and adjust household's share of rent as appropriate. Households with income above 60% AMI will be notified about income eligibility limits. ill. Subsidy Reductions The participant's household income will be reevaluated every six months. lf the household income has increased since the previous evaluation, the participant's monthly rent responsibility will be adjusted accordingly per Rent Assistance Calculation as stated in above section V. A. VI. Security Deposits As needed, Interval House will provide security deposit assistance to Eligible Households. Such assistance shall be the lesser of: • Two months approved rent for the Housing Unit; or The standard security deposit required by the landlord for non-subsidized tenants. Security deposit assistance provided to participating households will be in the form of a grant. As such, the landlord can provide a security deposit refund directly to the household. Any disputes involving the return, or lack thereof, of a security deposit shall be settled by the tenant and landlord, as provided for in the lease. HB -242-Item 18. - 38 VII. Annual Recertification, Termination of Assistance and Returning Households A. Annual Recertification Recertification of income and Program eligibility will occur annually. Interval House will gather source documentation for participating households to determine annual income. Annual income must be calculated in accordance with 24 CFR Part 5. If the total household income is above 80% AMI, rental assistance must be terminated following a 30 day notification period. B. Termination of Rental Assistance Assistance can be terminated for the following reasons: • Eviction from the assisted rental unit based on behavioral issues and/or unlawful activity. • The family will be assisted by another rental assistance program such as the Section 8 Tenant-Based or Project-Based program. Participation in any other rental assistance program is considered a duplicative subsidy therefore all HOME funded rental assistance must terminate. C. Returning Participant Households As needed, participants may be allowed to return to the Program for either support services, rental assistance or both. A determination to allow re-entry shall be based on the following criteria: Participants must have left the Program in good standing. To be in good standing, participants must have been engaged in their case management plan, voluntarily left the program (not in-lieu of termination) or have been released because their household income exceeded eligible limits. In general, participants will not be allowed to re-enter the Program if they were terminated for non- compliance. • At the discretion of Interval House, a request for readmission from a non-compliant household may be considered when compelling reasons exist. In such cases, re-admission will require concurrence from the City. • The Participant's previous rental assistance did not exceed 24 months. Cumulatively, participants will only be allowed to receive rental assistance for a maximum of 24 months. VIII. Self Sufficiency Program Interval House will request each Eligible Household receiving rental assistance payments to participate in a Self-Sufficiency Program administered by Interval House. The Case Management and Self- Sufficiency Program Policies and Procedures are outlined in Appendix J. HB -243-Item 18. - 39 The Self-Sufficiency Program provides participating households with intense case management, which is designed to assist participants move to self-sufficiency within a 12 to 24 month period. Income recertifications will be completed annually for participating households. If the participating household's income exceeds the low (80% AMI) income limits, Interval House must terminate the rental assistance. Listed below are some of the Self-Sufficiency Case Management Services offered by Interval House: A. Case Management The Interval House Case Management model maximizes client success by developing individualized service plans and addressing clients' specific needs in securing permanent housing and self-sufficiency. Clients will meet with their Case Manger on a minimum of a monthly basis to update goals, monitor progress, and ensure long-term housing stability. Self-sufficiency groups are also held weekly to assist with financial management, job development, life skills, personal empowerment, and accessing other resources needed to gain housing stability. B. Individualized Housing and Service Plan Participants meet with their Case Manager at intake and monthly to review their Goal Worksheet and Individualized Service Plan to help establish and identify participant goals and plans for housing, education, employment, financial (including budgeting and credit repair), legal, and other housing stabilization and relocation resources needed. C. Housing Search and Placement Interval House advocates assists clients with comprehensive housing search and placement into affordable permanent housing. Interval House has established close partnerships with permanent housing agencies, including affordable housing providers, apartment associations, and private landlords/owners. D. Legal Services Staff attorneys, legal advocates and volunteer attorneys provide comprehensive legal services and representation in multiple languages. Legal assistance includes lease agreements, legal advocacy, court accompaniment, and other legal issues affecting homeless and at-risk homeless persons and their children. E. Financial Management / Credit Repair Interval House has designed an 8-week comprehensive financial empowerment curriculum with weekly workshops conducted to assist program participants with credit repair, financial literacy, and job placement and retention. Assistance will also be provided to access mainstream financial benefits including social security, veteran's benefits, Cal WORKs, disability, unemployment, and other public assistance. HB -244-Item 18. - 40 F. Employment Assistance Obtaining self-sufficiency is a critical goal for families served by Interval House. Interval House Case Managers work with clients to identify interests, life experiences and talents that lend themselves to employment. Housing Advocates also: • Help clients develop resumes, complete job application and prepare for interviews; • Obtain educational scholarships through AmeriCorps and other sources to increase leadership skills and/or further their education; • Provide transportation solutions to job interviews and job-related activities; and • Provide job placement in career-level jobs and job retention assistance. G. Transportation Interval House provides support services at Community Service Center and Satellite sites in Huntington Beach conveniently accessible via public transportation routes or via home visits as needed. Interval House provides assistance with transportation via bus passes and accessing mainstream resources available for transportation through CalWORKs and disability access. Interval House also maintains agreements with local taxi companies to provide emergency transportation assistance and works closely with the Huntington Beach Police Department to assist transport participants in crisis situations. H. Behavioral Health Interval House provides an array of individual and group counseling programs on-site and works closely with other mental health providers to address behavioral health needs of participants. HB -245-Item 18. - 41 Appendix A Initial Qualification Form HB -246-Item 18. - 42 INTERVAI HOUSE Page 1 of 3 csI Client Needs Assessmeni Client Name: Last Known Address: Home Phone: Cell: Email: Emergency Contact: Names and ages of other Adults in Household: Names and ages of all Children in the home: Is client currently pregnant? Yes No Household size: (Example: Client and 2 children = 3 in household) The annual income for household is: $ See examples of documentation of income on page 3 Source: Is client currently residing within a shelter program? Yes I I No If yes, what type of program? n Emergency Shelter Transitional Shelter n Domestic Violence Shelter ri Substance Abuse Treatment Program r Hotel/Motel Voucher from Name of Program: Location: Case manager: Contact number: HB -247-Item 18. - 43 INTERVAL HOUSE Page 2 of 3 HAS CLIENT RECEIVED ANY RENTAL ASSISTANCE IN THE PAST 3 YEARS? 1 Yes n No (Includes rent, utility and move-in costs) If "Yes", please indicate what agency provided assistance: Name of Agency Contact Number How long did they receive assistance? Type of assistance provided (please check all that apply): –1 Rental assistance ri Security deposit —1 Rapid Re-housing Utility assistance I Eviction prevention ri Moving cost assistance LI Motel voucher —1 Other TENANT SECREENING BARRIERS (mark all that apply) J Evictions: how many? Poor reference from prior landlords n Lack of rental history Unpaid rent or utility bills Lack of or poor credit history fl One or more misdemeanors Critical felony (sex crime, arson, drugs) Other felony CLIENT'S POTENTIAL TO SUSTAIN HOUSING AFTER SUBSIDY • Employment n Employability/Strong Work History [7 Dual parent household Evidence of increased income Evidence of approval for housing subsidy (Section 8, HUD VASH) Other: HB -248-Item 18. - 44 li\ITEIRVAI. HOUSE Page 3 of 3 Rental Assistance •Documentation Neede Scan and attach the following documents. Without the following documentation, we cannot provide rental assistance. CLIENT NEEDS ASSESSMENT IDENTIFICATION FOR ADULTS: Driver's License ri Passport California ID Green Card I I Other ID LI SOCIAL SECURITY CARDS for everyone that will be living in the apartment or home. *Not required, bring only if you have it, BIRTH CERTIFICATES for all children that will be living in the apartment or home *Required for First 5 rental assistance ONLY. Not required for other kinds of rental assistance. BANK STATEMENT for all adults (Most Recent) DOCUMENTATION OF INCOME FOR ALL ADULTS Check below if you have any of the following income documentation (i.e. two check stubs, verification of benefits within 30 days, or deposit statements): Employment Public Benefits (Calworks) Social Security (SSI) Disability (SSDI) Unemployment Alimony Child Support Veteran Benefits Retirement Other (please specify): NO INCOME VERIFICATION? If you don't have any of the income verifications listed above, is there any other kind of income verification you have? Yes No IF YES, Attach information about it and how much the income adds up to. El HOMELESS STATUS FORMS and all documentation requested on these forms. I I Household falls under Category 1 (homeless) AND No appropriate subsequent housing options have been identified; AND I I Household lacks the financial resources and support networks needed to obtain immediate housing If you were unable to collect any of the requested documentation, please explain why: HB -249-Item 18. - 45 Appendix B TBRA Application HB -250-Item 18. - 46 : INTERVAL HOUSE CialSh6sibdinkerailvaikvaleralleo Client Intake Part 1 Referred By: Agency: LI Court ULaw Enforcement Ufiealth 0Socia1 Services CIERC: Household ID # Client Personal ID # Entry Date / / Other: Contact Type: 0 Outreach LIEmergency LlTrans. ClHotel URcntal Assistance Residential Move-Ili Date: In Permanent Housing? I:l Y :I N If yes, Date of Move-In: / / Tel // Client Location: U Orange County (CeC CA-602) CILong Beach (CriC CA- 606) ULA County (CoC CA- 600) Staff Name Grant ID: Grant Start Date: / / Grant End Date; / / Approval Status: ILIShelter/Hotel ULA Cal WORKs UGC CalWORKs ClApproved Special Referral LINeeds Approval -r,-4-:. e _ ,-... . E:is. t: N: aae M . i:: .d d:.l „ . ,:Nith. e I st:N: .aig S:lf :l:i : Maiden Name .:": NOiiii:Dat4:Qnnlit . ender Identity $S#, :Client:iv : U Full Name reported U Partial Name reported U Client Does Not Know 0 Client Refused CI Data Not Collected CI Female U Male U Transgender Male to Female _Female to Male U Other U Don't know CI Refused to answer 0,- LI DL/ID: # 0 None I:I Other: U Full SSN reported U Partial SSN reported U Client Does Not Know 0 Client Refused 0 Data Not Collected 0 ID Copied & filed in chart :Birth Date Countil. of Origin . ',Ethnicity - . . Itiii..6:':(Seleiit all that .004 Language / 0 Hispanic/Latino ILI Non-Hispanic/Non- Latino U Client Does Not Know U Client Refused 0 Data Not Collected U Asian U Native Hawaiian or Other Pacific Islander lLI Black or African-American 0 White (includes Hispanic/Latino) Q American Indian Or Alaskan Native 0 Client Does Not Know LI Client Refused 0 Data Not Collected U Full DOB reported LI Approximate or Partial DOB reported 0 Client Does Not Know Li Client Refused U Data Not Collected ir:eiititiiet hifenination .:. , , , _ Address City Zip Code: Home Phone# Work Phone# U Full or partial Zip Code Reported U Client Does Not Know 0 Client Refused i:g0440figo i rekti to/y.k.00:0::Entry.:.. :::110.11,:hnigittOOltentl ived tket*?:::;::: U Emergency shelter, including hotel or motel paid for with emergency shelter voucher 0 Transitional housing for homeless persons (including homeless youth) 0 Rental by client, no ongoing housing subsidy CI Owned by client, no ongoing housing subsidy CI Staying or living in a family member's room, apartment, or house U Staying or living in a friend's room, apartment, or house U Foster care home or foster care group home U Hospital or other non-psychiatric medical facility U Hotel or motel paid for without emergency shelter voucher 0 Jail, prison or juvenile detention facility U Long-term care facility or nursing home 0 Owned by client, with ongoing housing subsidy 0 Permanent housing for formerly homeless persons (such as a CoC project; HUD legacy programs; or HOWPA PH) 0 Place not meant for habitation (e. g., a vehicle, an abandoned building, bus/train/subway station/airport or anywhere U One day or less UTwo days to one week U More than one week, but less than one month ILI One to three months CI More than 3 months, but less than 1 yr. 0 One year or longer CI Client doesn't know LI Client refused LI Data Not Collected HB -251-Item 18. - 47 outside) 0 Psychiatric hospital or other psychiatric facility 0 Rental by client, Veterans Assistance Supportive Housing Subsidy 0 Rental by client, other (non--VASH) ongoing housing subsidy 0 Rental by client, with GPD TIP subsidy 0 Residential project or halfway house with ho homeless criteria LI Safe Haven Ll Substance abuse treatment facility or detox center 0 Other U Client doesn't know U Client refused 0 Data Not collected . .. . . _. . ilas client ever been in a sheitethefore7.s . u Yes 0 Nu If yes, where? when? -,Length. of Time on Stneetib an Eniugency'Slielter of S ale Hav enr . - - „ . . - .- 0 Entering from the streets, shelter or Safe Haven? LI Y LI N 0 Client doesn't know LI Client refused 0 Data Not Collected If yes, approximate Date Started / / Regardless of where they stayed last night—Number of times the client has been homeless on the streets, in Emergency Shelter, or Safe Haven in the past three years including today? 0 Never in the 3 years 0 One time 0 Two times D Three times LI Four or more times: Total number of months homeless on the street, in Emergency Shelter, or Safe Haven in the past 3 years: LI One month (this is the first month months (2-12) LI more than 12 months 0 Client doesn't know 0 Client refused Proof of homeless status collected and filed in chart: LI Y 0 N -IncOnte •and.Soiirte..S , . .. .. - Income received for any source Ll Y U N 0 Client doesn't know LI Client Refused 0 Data Not Collected If yes, indicate all sources and dollar amounts for the sources that apply: Source of Monthly Cash Income: Check as many as needed Employed (earned income) 0 Y LI N (if yes) Monthly amount $ filed in chart Proof of income: 0 Collected and U None- explain: Unemployment (Desempleo) LI Y LI N (if yes) Monthly amount $ SST 0 Y 0 N (if yes) Monthly amount $ SSDI Ll Y 0 N (if yes) Monthly amount $ VA Service-Connected Disability Compensation U Y 0 N (if yes) Monthly amount $ VA Non-Service-Connected Disability Compensation D Y 0 N (if yes) Monthly amount $ Private Disability Insurance ILI Y ZI N (if yes) Monthly amount $ Workers Compensation 0 Y U N (if yes) Monthly amount $ GR (General Relief) LI Y CI N (if yes) Monthly amount $ Retirement Income from Social Security (Seguro Social) LI Y U N (if yes) Monthly amount $ Pension or retirement income from a former job 0 Y LI N (if yes) Monthly amount $ Child Support (Mantenimiento de hijos) 0 Y 0 N (if yes) Monthly amount $ Alimony or other spousal support LI Y 0 N (if yes) Monthly amount $ Other (Otro) LI Y Li N (if yes) Monthly amount $ CalWORKs Cash Aid (Ayuda monetaria) LI Y 0 N (if yes) Monthly amount U Mother & Children (Madre e hijos) monthly amount $ CI Children only (Hijos solamente) monthly amount $ CI Applying (Aplicando) HB -252-Item 18. - 48 Case # DASD/ GAIN Worker Name and Phone # Non-Cash Benefits received from any source CI Y LI N LI Client doesn't know LI Client Refused CI Data Not Collected Source of Monthly Non-Cash Benefits: Check as many as needed U Food Stamps/SNAPS (Estampilla,$) $ LI Medi-CAL LI Medi-CARE 0 State Children's Health Insurance 0 WIC LI Veteran's (VA) Medical Services 0 CalWORKs Childcare Services 0 CalWORKs Transportation Services 01 Other CalWORKs Services 0 Section 8, public housing, or other ongoing rental assistance LI Other source: 0 Temporary Rental Assistance Covered by health insurancen1 I' LI N LI Client Does Not Know UClient Refused LI Data Not Collected (If yes, indicate all sources that apply) U Medi-CAL Li State Children's Health Insurance U Veterans (VA) Medical Services 0 Employer provided Health Insurance U Health Insurance obtained through COBRA 0 Private Pay Health Insurance 0 State Health Insurance for Adults Total Monthly Income Occupation Client Education from all sources 0 High School Graduate 0 th Grade 0 No School LI Some College/Vocational LI College Graduate U Other $ /per month Marital Status Clients Relationship to Head of Household? 0 Single U Married 0 Divorced LI Other: Li sett (Head of Household) LI Head of Household's Child U Head of Household's Spouse or Paltrier 0 Head of Household's Other Relation Member (other relation to head of household) 0 Other: Non-relation Member Is client living With Battercr? flatterer is current or Ito mer .. : .- . Victim's Sexual Orientation , . `Length of relafhtitship Yes 0 No 0 Boyfriend Li Husband DI Girlfriend 0 Wife LI Other: LI Heterosexual 0 Lesbian LI Gay 0 Bisexual 0 Other 0 Declined to answer Does- C;lient-Have rA Disabling. Condition? - List Health Problems Is:client takintank Medication? . . - Fteg aka MedicationS..- - -: : .. . . U Yes 0 No 0 Client Does Not Know LI Client Refused 0 Data Not Collected LI Yes, for physical needs U Yes, for emotional needs ILI No Is medication life- sustaining? 0 Yes 0 No Chronic Health Condition? (Examples of Chronic Health conditions include, but are not limited to: heart disease; severe asthma; diabetes; arthritis-related conditions; traumatic brain injury; PTSD, dementia, severe headache/migraine; cancer; chronic bronchitis; liver condition; stroke; or emphysema) 0 No Ll Yes 0 Client doesn't know LI Client refused 0 Data Not Collected IF YES: Expected to be of long.continued and indefinite duration and substantially impairs ability to live independently? ILI No 0 Yes LI Client doesn't know 0 Client refused LI Data Not Collected Documentation of disability and severity on file? LI No LI Yes Currently receiving services/treatment for this condition? LI No 0 Yes 0 Client doesn't know U Client refused 0 Data Not Collected HIV/AIDS U No LI Yes 0 Client doesn't know 0 Client refused IF YES: Expected to substantially impair ability to live independently? 0 No LI Yes 0 Client doesn't know LI Client refused LI Data Not Collected Documentation of disability and severity on file? 0 No LI Yes Currently Receiving Services/treatment for this condition? LI No 0 Yes 01 Client doesn't know LI Client refused LI Data Not Collected HB -253-Item 18. - 49 .Prkilary Physician . . . Does Client have any disabilities? . Mental Health Problem . - Does client have a primary physician or health clinic for medical care? LI Y (Si)CI N (No) Name of doctor: Physical Disability? 0 No 0 Yes CI Client Does Not Know 0 Client Refused 0 Data Not Collected IF YES Expected to be of long-continued and indefinite duration and substantially impairs ability to live independently? 0 No 0 Yes El Client Does Not Know Ll Client Refused D. Data Not Collected Documentation of disability and severity on file? LI No 0 Yes Currently receiving services/treatment for this condition? LI No Li Yes l7 Client Does Not Know U Client Refused LI Data Not Collected Developmental Disability? 0 No 0 Yes 0 Client Does Not Know 0 Client Refused LI Data Not Collected IF YES Expected to be of long-continued and indefinite duration and substantially impairs ability to live independently? 0 No 0 Yes U Client Does Not Know 0 Client Refused 0 Data Not Collected Documentation of disability and severity on file? LI No 0 Yes Currently receiving services/treatment for this condition? 0 No 0 Yes Li Client Does Not Know CI Client Refused 0 Data Not Collected U No 0 Yes 0 Client Does Not Know 0 Client Refused 0 Data Not Collected IF YES Expected to be of long-continued and indefinite duration and substantially impairs ability to live independently? 0 No 0 Yes 0 Client Does Not Know 0 Client Refused 0 Data Not Collected Documentation of disability and severity on file? 0 No U Yes Currently receiving services/treatment for this condition? 0 No LI Yes 0 Client Does Not Know 0 Client Refused 0 Data Not Collected Phone #: Name of pediatrician: Phone #: - is Clieirt -Prignant? _ . 110160 ii Veter.an? . . .. :.ExerctseRmitine Is Client Pregnant?Ll Y (Si) U N (No) 0 Yes 0 No 0 Client Does Not Know 0 Client Refused U Data Not Collected Do 0 If so, you exercise? Yes 0 No how many times per week? I Family Composition 0 Single Parent OFoster Parent(s) LI Unaccompanied (single person) LITwo Parents ID Adults No Children (couple wino kids) -children (Pull Name) V4.71client? „ . .. . Birth .. Date .'G6rid4 -... -Ethnitity . (if di/ fcrent) Does .child r - ...._ .. . . . have any :. allergies? s Does child lim.ie 4 , .. .; ... .:, ... sticial seettrity. _ .nomber. 1. U Y UN 0 M LI F 0 Y UN U Y ON Covered by Health Insurance? 0 Y 0 N 0 Client Does Not Know CIClien Refused (If yes, indicate all sources that apply) Cl Medi-CAL 0 State Children's Health Insurance LI Veterans (VA) Medical Services D Employer provided Health Insurance 0 Health Insurance obtained through COBRA LI Private Pay Health Insurance 0 State Health Insurance for Adults 2. LI Y UN UM 0 F 0 Y UN U Y UN Covered by Health Insurance? LI Y 10 N 0 Client Does Not Know UCH= Refused (If yes, indicate all sources that apply) HB -254-Item 18. - 50 0 Medi-CAL 0 State Children's Health Insurance 0 Veterans (VA) Medical Services Li Employer provided Health Insurance 0 Health Insurance obtained through COBRA 0 Private Pay Health Insurance Li State Health Insurance for Adults 3. 1:1 Y ON UM OF U Y UN 0 Y UN Covered by Health Insurance? Li YON OC ient Does Not Know 0Clien Refused (If yes, indicate all sources that apply) 0 Medi-CAL ZI State Children's Health Insurance U Veterans (VA) Medical Services Li Employer provided Health Insurance Li Health Insurance obtained through COBRA Li Private Pay Health Insurance LI State Health Insurance for Adults Have any of the children ever been removed from the home by court or social services? Li No CI Yes If yes, When? Notes: 4. U Y UN OM OF 0 Y ON U Y ON Covered by Health Insurance? OYLIN CI Client Does Not Know LIClien Refused (If yes, indicate all sources that apply) 0 Medi-CAL Li State Children's Health Insurance Li Veterans (VA) Medical Services Li Employer provided Health Insurance 0 Health Insurance obtained through COBRA U Private Pay Health Insurance Li State Health Insurance for Adults Have any of the children ever been removed from the home by court or social services? 0 No Li Yes If yes, When? Notes: Abuse Profile . _ . Victim of DV? Abuse Type (ALL Applicable) Weapons Used (All Applicable) U Yes 0 No 0 Physical U Gun 0 Client Does Not Know 0 Emotional/Mental 0 Cut. Instrument 0 Client Refused 0 Sexual 0 Blunt Obj. 0 Data Not Collected 0 Stalking 0 Bodily Force U Financial 0 Other If yes, last time abused? U Within the past 3 months U 3 months— 6 months ago (excluding 6 months exactly) LI 6 months- 1 yr. ago (excluding 1 yr. exactly) 0 One year ago or more U Client Does Not Know 0 Client Refused LI Data Not Collected If yes, currently fleeing 0 Yes 0 No Li Client Refused 0 Data Not Collected Substance Abuse Problem? LI No LI Yes 0 Client Does Not Know 0 Cl'ent refused U Data Not Collected If Yes: LI Client 0 Batterer U Both If Client: 0 Alcohol U Drugs 0 Both Previous drug or alcohol treatment services? U No U Yes LI Client Does Not Know 0 Client refused 0 Data Not Collected If yes: 0 Residential U Outpatient When? U Currently 0 Previously LI Client Does Not Know LI Client refused CI Data Not Collected Expected to be of long-continued and indefinite duration and substantially impairs ability to live independently? 0 No Li Yes LI Client Does Not Know U Client refused LI Data Not Collected Documentation of disability and severity on file? U No 0 Yes Currently receiving services/treatment for this condition? U No 0 Yes 0 Client Does Not Know LI Client Refused U Data Not Collected HB -255-Item 18. - 51 Police called in the past year UYON Do you have a police report? Y UN :ReStraining Oirthe. 0 None 0 Criminal Family 0 Emergency Protective Order lhs the batterer ever 0th avreqted tot Domestic violence? UYLIN Most Recent Date : Other ? Most Recent Date : PI When an emergency situation arises, we need to know who to contact regarding the client. If the client has friends or family that are trying to contact her, we also need to know if they are an approved caller. The client should list 3 contact names and phone numbers, if applicable. The client should also list attorneys, social workers, doctors, and other important numbers. Name Phone it Relationship Approved Caller? :00'41.1.40003:03^i4 0041:.**0440104;:401 of.110:::.:40001-64.0000* Name Phone Relationship 'Agency : Approved Caller? STATEMENT OF' CONSENT I am informed and consent to receive domestic violence support services (including advocacy/ case management) through Interval House. I certify that all information provided (including income) is true and correct. Client signature: Date: Staff signature: Date: HB -256-Item 18. - 52 Client Intake Part 2 Do you have a safety plan? C=I Y 0 N Left your partner before? LI Y ID N Where did you go? Reason for returning? Previous assistance through DV programs? Y (Si) 0 N (No) When? Where? Contact person at DV program/shelter Phone #: Have you ever been arrested? UYUN Offense . When : Where : Legal Status (optional): 0 HS Citizen 0 Green Card LlOther Religious Preference (optional): Tranqi(irtation. What form of transportation do you use? If you have a car: Make: Model: Year: License plate#: Do you have insurance? Li Y LI N Mental Health Treatment Ever had therapy? LIYON Currently? E1YLIN When? Where? Therapist: Hospitalized? LI Y LI N When? Where? Therapist: Doctor: Ever Suicidal? LIYON -114idical/Phy :§iCal.Tketiirient. _ . . . _ . . . . . 1: (Trata44iwto Ivtedieo/Fisieo) Ever seen doctor due to abuse? C]Y U N If yes, how many times? What type of injuries? With whom? Hospitalized? LI Y Ll N When? Where? , , Name: Gender UM UP Date of Birth / / Legal Status LI US Citizen U Green Card LIOther Ethnicity: Height: Weight Hair Color: Eyes: Age: Describe your abuser's physical appearance including any identifying marks, scars, tattoos: Occupation: Vehicle description: -.Getieiali.lteti4Vibi 4 .', , Uses alcohol? El Y 0 N What kind? How much? Uses drugs? 0 Y Ll N What kind? How much? How does it influence their behavior? Ever in a psychiatric hospital or treated for emotional problems? Ll Y U N Where? When? Why? Has he/she ever threatened to harm your friends, relatives, counselor, etc. for assisting you? LI Y LI N Has he/she ever acted on those threats? U Y (Si) U N (No) Describe: How would he/she feel if they knew you were seeking assistance from Interval House? Is he/she the father/mother of any of your children? U Y LI N If yes, how will he/she respond that children are with you? HB -257-Item 18. - 53 Appendix C Declaration of Homelessness HB -258-Item 18. - 54 Rental Assistance Program Reg form HB HOME DECLARATION OF HOMELESSNESS STATUS Applicant Name: 1 1 I certify, under penalty of perjury, that following information is true and complete: Applicant Signature: Date: Verification types: T=Third Party / 0=Observation / S=Self-certification Attach Third Party verification documentation and Intake Observation statements in back pocket of folder Verification Type T/O/S* Situation 1 D An individual or family who lacks a fixed, regular, and adequate nighttime residence AND Check one of the following: • An individual or family with a primary nighttime residence that is a public or private place not designed for or 1-not required for emergency shelter or street outreach ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground 0 An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals) 1111 An individual who is exiting an institution where he or she resided for 90 days or less AND who resided in an 0-not allowed emergency shelter or place not meant for human habitation immediately before entering that institution Verification Type T/0/5* Situation 2 An individual or family who will imminently lose their primary nighttime residence, provided that: The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance AND No subsequent residence has been identified AND The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing Verification Type T/0/5* Situation 3 • Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who qualifies as "homeless" under another federal statute AND Only T is allowed have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance AND 0 is not allowed have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance AND 0 is not allowed can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse (including neglect), the presence of a child or youth with a disability, OR two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; S is not allowed 0 is not allowed for barriers to employment Safety should never be put at risk in order to obtain documentation under this situation. If the provider is a DV provider self- certification sufficient. For non-DV providers, if there is no threat of safety supporting verification should be provided. Verification Type T/0/5* Situation 4- D Any individual or family who Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence AND has no other residence AND lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, to obtain other permanent housing HB -259-Item 18. - 55 Rental Assistance Program Req form — 1-113 HOME DECLARATION OF HOMELESSNESS STATUS (continued) Applicant Name: Staff Certification I understand that third-party verification is the preferred method of certifying homelessness or risk for homelessness for an individual who is applying for assistance. I understand self-declaration is only permitted when I have attempted to but cannot obtain third party verification. Describe in detail efforts made for Third Party verification and attach documentation behind this form (email, phone logs, etc.) For clients in Situation 4 (Domestic.Violence), safety.should never be put at risk in order to obtain . . . . documentation.- If the provider is a DV Provider, self-certification is sufficient. You can state that you did not obtain third-party documentation because it would have put client's safety at risk.: . . . (See instruction sheet for examples of what to write here if you are unable to obtain third-party documentation) Staff Signature: Date: HB -260-Item 18. - 56 Appendix D HQS Inspection Form HB -261-Item 18. - 57 Req form HB HOME Inspection Checklist Housing Choice Voucher Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0189 (Exp. 04/30/2018) Public reporting burden for this collection of information is estimated to average 0.50 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Assurances of confidentiality are not provided under this collection. This collection of information is authorized under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). The information is used to determine if a unit meets the housing quality standards of the section 8 rental assistance program. Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). Collection of the name and address of both family and the owner is mandatory. The information is used to determine if a unit meets the housing quality standards of the Section 8 rental assistance program. HUD may disclose this information to Federal, State and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. Failure to provide any of the information may result in delay or rejection of family participation. Name of Family Tenant ID Number Date of Request (mmiddlyyyy) Inspector Neighborhood/Census Tract Date of Inspection (mmirddlyyyy) Type of Inspection Initial Special F7 Reinspection 17 Date of Last Inspection (mm/drily) PHA A. General Information Inspected Unit Year Constructed (yyyy) — Housing Type (check as appropriate Single Family Detached Duplex or Two Family Row House or Town House Low Rise: 3, 4 Stories, Including Garden Apartment High Rise; 5 or More Stories Manufactured Home Congregate Cooperative Independent Group Residence Single Room Occupancy Shared Housing Other Full Address (including Street, City, County, State, Zip) Number of Children in Family Under 6 Owner ri Name or owner or Agent Authorized to Lease Unit Inspected Phone Number Address of Owner or Agent B. Summary Decision On Unit (To be completed after form has been filled out _ Pass Fail Inconclusive Number of Bedrooms for Purposes of the FMR or Payment Standard Number of Sleeping Rooms Inspection Checklist barn No. 1. Living Room Yes Pass No Fail In - Conc. Comment Final Approval Date (mm/dd/yyyy) 1.1 Living Room Present 1.2 Electricity 1.3 Electrical Hazards 1.4 Security 1.5 Window Condition 1.6 Ceiling Condition 1.7 Wall Condition 1.8 Floor Condition Previous editions are obsolete Page 1 of 8 form H1113.52580 (4/2015) ref Handbook 7420.8 HB -262-Item 18. - 58 Req form HB HOME * Room Codes: 1 = Bedroom or Any Other Room Used for Sleeping (regardless of type of room); 2 = Dining Room or Dining Area; 3 = Second Living Room, Family Room, Den, Playroom TV Room; 4 = Entrance Halls, Corridors, Halls, Staircases; 5 = Additional Bathroom; 6 = Other Item No. 1. Living Room (Continued) Yes Pas No Fail In- Cone. Comment Final Approval Date (rnmicld/yyyy) 1.9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? Not Applicable 2. Kitchen 2.1 Kitchen Area Present 2,2 Electricity 2.3 Electrical Hazards 2.4 Security 2.5 Window Condition 2.6 Ceiling Condition 2.7 Wall Condition 2.8 Floor Condition 2 '9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? Not Applicable 2.10 Stove or Range with Oven 2.11 Refrigerator 2.12 Sink 2.13 Space for Storage, Preparation, and Serving of Food 3. Bathroom 3,1 Bathroom Present 3.2 Electricity 3.3 Electrical Hazards 3.4 Security 3.5 Window Condition 3.6 Ceiling Condition 3.7 Wall Condition 3.8 Floor Condition 3 .9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? Not Applicable 3.10 Flush Toilet in Enclosed Room in Unit 3.11 Fixed Wash Basin or Lavatory in Unit 3.12 Tub or Shower in Unit 3,13 Ventilation Previous editions are obsolete Page 2 of 8 form HUD-52580 (412015) ref Handbook 7420.8 HB -263-Item 18. - 59 Req form HB HOME, Item ... 4. Other Rooms Used For Living and Halls Yes ' No Pass = Pall In - Cone. Comment Final Approval bate (rnmiciftyy) 4.1 Room Code* and Room Location (Circle Right/Center/Left One) (Circle One) Front/Center/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition , --- --- 4.6 Ceiling Condition 4.7 Wall Condition i 4.8 Floor Condition 4.9 Lead-Based Paint Are all painted surfaces free of deteriorated t paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? 0 Not Applicable 4.10 Smoke Detectors 4.1 Room Code* and Room Location (Circle Right/Center/Left One) (Circle One) Front/Center/Rear Floor Level 4.2 Electricity/illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 4.9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? Not Applicable 4.10 Smoke Detectors IIIIIIIUIIIIIIIIIMIIMIIMIIIIIIIIIIII 4.1 Room Code* and Room Location (Circle One) Right/Center/Left (Circle One) Front/Center/Rear Floor Level 4.2 Electricity/illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition I _ ._ ____ _ • - 4.8 Floor Condition 4.9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? 0 !Not Applicable Previous editions are obsolete Page 3 of 8 form HUD-52580 (412015) ref Handbook 7420.8 HB -264-Item 18. - 60 Req form FIB HOME; Item No. 4. Other Rooms Used For Living and Halls Yes Pass No Fall In- Conc. Comment Final Approval Date (rnm/dcltyyyy} 4.1 Room Code * and Room Location (Circle One) Right/Center/Left (Circle One) Front/Center/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition I 1 4.6 Ceiling Condition I I 4.7 Wall Condition I I 4.8 Floor Condition I I 4.9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? I Not Applicable 4.10 Smoke Detectors I I 4.1 Room Code* and (Circle One) Room Location Right/Center/Left (Circle One) Front/Center/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 4 .9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? Not Applicable 4.10 Smoke Detectors 5. All Secondary Rooms (Rooms not used for living) 5.1 None Go to Part 6 5.2 Security 5.3 Electrical Hazards 5.4 Other Potentially Hazardous Features in these Rooms Previous editions are obsolete Page 4 of 8 form HUD-52580 (4/2015) ref Handbook 7420.8 HB -265-Item 18. - 61 Req form HB HOME Item 6. Building Exterior No. Yes Pass No Fail In- Conc. Final Approval Comment illate (mmiddiryyyy) 6A Condition of Foundation 6.2 Condition of Stairs, Rails, and Porches 6.3 Condition of Roof/Gutters 6.4 Condition of Exterior Surfaces 6.5 Condition of Chimney 6.6Lead Paint: Exterior Surfaces Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed 20 square feet of total exterior surface area? Not Applicable 6.7 Manufactured Home: Tie Downs 7. Heating and Plumbing 7.1 Adequacy of Heating Equipment 7.2 Safety of Heating Equipment 7.3 Ventilation/Cooling 7.4 Water Heater 7.5 App rovable Water Supply 7.6 Plumbing 7.7 Sewer Connection , 8. General Health and Safety 8.1 Access to Unit . . , 8.2 Fire Exits 8.3 Evidence of Infestation 8.4 Garbage and Debris 8.5 Refuse Disposal 8.6 Interior Stairs and Commom Halls 8.7 Other Interior Hazards 8.8 Elevators 8.9 Interior Air Quality 8.10 Site and Neighborhood Conditions 8.11 Lead-Based Paint: Owner's Certification Not Applicable If the owner is required to correct any lead-based paint hazards at the property including deteriorated paint or other hazards identified by a visual assessor, a certified lead-based paint risk assessor, or certified lead-based paint inspector, the PHA must obtain certification that the work has been done in accordance with all applicable requirements of 24 CFR Part 35. The Lead -Based Paint Owner Certification must be received by the PHA before the execution of the HAP contract or within the time period stated by the PHA in the owner HQS violation notice, Receipt of the completed and signed Lead-Based Paint Owner Certification signifies that all HQS lead-based paint requirements have been met and no re-inspection by the HQS inspector is required. Previous editions are obsolete Page 5 of 8 form Him -52580 (4/2015) ref Handbook 7420,8 HB -266-Item 18. - 62 Reg form HB HOME C. Special Amenities (Optional) This Section is for optional use of the HA. It is designed to collect additional information about other positive features of the unit that may be present. Although the features listed below are not included in the Housing Quality Standards, the tenant and HA may wish to take them into consideration in decisions about renting the unit and the reasonableness of the rent. Check/list any positive features found in relation to the unit. IL Questions to as the Tenant ( pi ona ) 1. Living Room m High quality floors or wall coverings El Working fireplace or stove Balcony, mi patio, deck, porch Special windows I or doors Exceptional size relative to needs of family Other: (Specify) 4. Bath Special feature shower head Built-in heat lamp Large mirrors Glass door on shower/tub Separate dressing room Double sink or special lavatory Exceptional size relative to needs of family Other: (Specify) 2. Kitchen Dishwasher — Separate freezer — Garbage disposal — Eating counter/breakfast nook Pantry or abundant shelving or cabinets . Double oven/self cleaning oven, microwave Double sink — High quality cabinets — Abundant counter-top space Modern appliance(s) — Exceptional size relative to needs of family _ Other: (Specify) 5. Overall Characteristics Storm windows and doors — Other forms of weatherization (e.g., insulation, weather — stripping) Screen doors or windows Good upkeep of grounds (i.e., site cleanliness, landscaping, condition of lawn) - Garage or parking facilities — Driveway — Large yard Good maintenance of building exterior Other: (Specify) 3. Other Rooms Used for Living 0 High quality floors or wall coverings ri Working fireplace or stove Balcony, a.__. patio, deck, porch Special windows or doors Exceptional size relative to needs of family Other: (Specify) 6. Disabled Accessibility Unit is accessible to a particular disability. Disability E Yes No Previous editions are obsolete Page 6 of 8 form HUD-52580 (4/2015) ref Handbook 7420.8 HB -267-Item 18. - 63 Req form He HOME 1. Does the owner make repairs when asked? Yes No El 2. How many people live there? 3. How much money do you pay to the owner/agent for rent? $ 4. Do you pay for anything else? (specify) 5. Who owns the range and refrigerator? (insert 0 = Owner or T = Tenant) Range Refrigerator Microwave 1 -.3 6. Is there anything else you want to tell us? (specify) Yes ri No n Previous editions are obsolete Page 7 of 8 form HUD-52580 (4/2015) ref Handbook 7420.8 HB -268-Item 18. - 64 E. Inspection Summary/Comments (Optional) Provide a summary description of each item which resulted in a ratinci of 'Fail" or 'Pass with Comments." 1111 IlinrIttiI I Date of Inspection (rreniddlyyyy) Address of Inspected Unit [Type of Inspection Initial Special Reinspection Item Number Reason for "Fair or "Pass with Comments" Rating Continued on additional page Yes No form HUD -52580 (4/2015) ref Handbook 7420.8 Previous editions are obsolete Page 8 of 8 HB -269-Item 18. - 65 Appendix E Landlord Agreement HB -270-Item 18. - 66 Req form — HB HOME, INTERVAL HOUSE LANDLORD — INTERVAL HOUSE RENTAL ASSISTANCE AGREEMENT To: (Landlord, Property Manager or Property Owner Name): On Behalf of: (Participant name): Address of Rental Property: Date: Dear Landlord: We are very pleased to inform you that (Participant name) has been approved for short-/medium-term rental assistance through the City of Huntington Beach. Through this Rental Assistance program, Interval House will make rental payments as a contractor of the City of Huntington Beach. Payments will be made directly to (Landlord, Property Manager or Property Owner name), on behalf of (Participant name), using a corporate check or money order. The payment will be mailed or hand delivered by Interval House staff to (Landlord, Property Manager or Property Owner name)'s address noted at the bottom. If at any time during the term of this agreement the tenant is given a notice to vacate the housing unit, or any complaint used under state or local law to commence an eviction action against (Participant name), (Landlord, Property Manager or Property Owner) shall also provide copy of said notice to Interval House at the address noted at the bottom. Interval House will make timely payments to (Landlord, Property Manager or Property Owner name) in accordance with the tenant rental agreement information below: Payment Due Date: Grace Period: Late Payment Requirements: Interval House will provide rental assistance in the following amount: Security Deposit (not to exceed two months' rent) Rental for month of This contribution will be reassessed on a monthly basis and may be subject to change depending on the client's level of need and other circumstances. The amount above may represent the entire or partial amount of the month's rent and (Participant name) shall be responsible for any balance due. In the case that any late fees or penalties are incurred, they are the responsibility of (Participant name). The term of this contract begins on the first day of the term of the lease. If a lease is terminated due to lease term violation, our assistance will end at time of termination. By signing this agreement, the landlord commits to complying with the tenant protections in 24 CFR §92.253. Please see the attached Tenant Protection Agreement for more information. Interval House is a nationally recognized award-winning non-profit organization offering housing and comprehensive support services to families in Los Angeles and Orange Counties since 1979. Interval House works closely with many cities and agencies to provide housing assistance for our local communities. We are proud to be able to offer housing subsidy programs for eligible and worthy individuals. Your prospective tenant has been approved for our housing subsidy. Please feel free to contact us with any questions or for any additional information at the phone number listed below. Both Interval House and (Landlord, Property Manager or Property Owner Name) agree to the terms noted above. Please sign below: Signature Print Name Interval House P.O. Box 3356 Seal Beach, CA 90740 Phone: (562) 594-9492 admin@intervalhouse.org Signature Print Name (Landlord, Property Manager or Property Owner Name): Address Line I Address Line 2 Phone/Fax # Email Address HB -271-Item 18. - 67 Appendix F Tenant Protection Agreement HB -272-Item 18. - 68 B.HOME. INTERVAL HOUSE Skitin Cenbrs %Wee el' kmat TENANT PROTECTION AGREEMENT (attach to lease) Dear Landlord: We are very pleased to be working with you to provide short-/medium-term rental assistance to (participant name). We would like to inform you of some important tenant protections required by the city of Huntington Beach. We recognize that these terms are unlikely to be in your lease. However, we must ensure you understand that we are unable to support a lease that includes such terms. The written lease between yourself and the tenant may not contain any of the following provisions: (1) Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease; (2) Treatment of property. Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner may dispose of this personal property in accordance with State law; (3) Excusing owner from responsibility. Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act, whether intentional or negligent; (4) Waiver of notice. Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant; (5) Waiver of legal proceedings. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; (6) Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by jury; (7) Waiver of right to appeal court decision, Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; (8) Tenant chargeable with cost of legal actions regardless of outcome, Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses; and (9) Mandatory supportive services. Agreement by the tenant (other than a tenant in transitional housing) to accept supportive services that are offered. Furthermore, by signing this agreement you recognize your obligation to maintain the Housing Unit in accordance with the Housing Quality Standards established at 24 CFR 982.401, and to refrain from discriminating against the tenant's household. Please sign below as agreement to these terms: Signature Print Name HB -273-Item 18. - 69 Appendix G Rent Reasonableness HB -274-Item 18. - 70 Req. info/ not req.•form NB HOME RENTAL ASSISTANCE RENT REASONABLENESS CERTIFICATION Proposed Unit Unit #1 Unit #2 Address Number of Bedrooms Square Feet Type of Unit/Construction Housing Condition/Quality Location/Accessibility Amenities Unit: Site: Neighborhood: Age in Years Utilities (type) Unit Rent Utility Allowance Gross Rent Handicap Accessible? CERTIFICATION: A. Rent Two comparable units must be identified in order to certify Rent Reasonableness. Find listings for comparable units online (on Craigslist or a similar site). ** Print out the listings and attach them in back pocket of folder as proof. Proposed Contract Rent + Utility Allowance Proposed Gross Rent (from utility allowance spreadsheet on next page) B. Compliance with Rent Reasonableness Rent D is 1J is not reasonable in comparison to rent for other comparable unassisted units. (to be reasonable, the rent must not exceed the rent of comparable units) Staff Name: Staff Signature: Date: HB -275-Item 18. - 71 Appendix H Utility Allowance HB -276-Item 18. - 72 14 2 :Gas 8 22 10 Electric 21 8 18 24 Other' 23 Bedroom Cooking Heating Water Heating Basic Cooking Heating Water 5+ 19 40 24 36 18 33 33 43 3 11 32 17 36 12 23 32 32 4 14 39 22 36 16 30 33 38 1 8 17 10 17 7 14 19 19 0 2 14 8 12 5 10 6 Water Heating Req info / not req form for WM-HB/OC HUD/HB HOME OFIANGE COUNTY CCommunity Resources Our Community. Our Commitment. 2017 Utility Allowances for Housing Choice Voucher Program The following Utility Allowances will be used by the Orange County Housing Authority (OCHA) for administration of the Housing Choice Voucher Program effective October 1, 2016, Trash/Sewer 23 Refrigerator 9 Stove 68 Orange County Housing Authority 1770 N. BROADWAY, SANTA ANA CA. 92706 • PHONE (714) 480-2700 FAx (714) 480-2945 HB -277-Item 18. - 73 Appendix I Participant Agreement HB -278-Item 18. - 74 Req. form HB HOWIE Interval House Rental Assistance/Participation Agreement Agreement between (participant name) and Interval House The Interval House Rental Assistance program aims to provide homeless and low-income households at extremely high risk of homelessness with financial assistance accompanied by supportive services to rapidly secure housing. You have been approved for initial financial assistance for a period of months in the amount of: Initial 6-month period: Your total rent: $ Interval House contribution: $ Client contribution: $ This contribution will be reassessed after 6 months and may be subject to change depending on the client's level of need and other circumstances. (from Calculation of Client Contribution form) I understand that receipt of this assistance is contingent upon my agreeing to and complying with the programs requirements outlined below. I further understand that financial assistance has been approved for a period of months. In order for additional financial assistance to be approved I must be reassessed for continued eligibility at the end of this time period. I agree to the following: • Provide accurate and honest information to my case manager or other agency staff. • Meet with my case manager at intervals established in my housing and service plan. • Work collaboratively with my case manager to establish a housing and service plan and take necessary steps to achieve the goals outlined in this plan. • Provide current proof of income for reassessment meetings. • Pay my portion of the rent on time every month and immediately advise my case manager if I have any trouble doing so. • Provide any documentation required by my case manager as it pertains to my services plan, rent or income (i.e. attendance record for job training, proof of debt payments, etc.) • Sign a release of information so that my case manager can collaborate with any other service providers that I'm working with. • Have a written lease for my apartment with a legitimate landlord. I may not sublet my unit or have anyone not already approved staying there for an extended period of time without the program approval. I must comply with all the requirements of my lease. • Agree to be responsible for my rent on my own after the rental assistance ends. • Agree to be contacted for follow-up calls after I complete the program. My signature represents that I understand what is expected of me by the Interval House Rental Assistance Program. I also agree to cooperate with my individual housing and services plan. I understand that the sponsoring agency is not responsible for my rent or lease. Financial assistance will only be paid on my behalf if I am in full compliance with the program requirements. Print Client Name: Client Signature: Date: Print Staff Name: Staff Signature: Date: HB -279-Item 18. - 75 Appendix J Case Management and Self Sufficiency Program Policies and Procedures HB -280-Item 18. - 76 „ INTERVAL HOUSE Crisis Shelters & Centers for Victims of Domestic Violence Self-Sufficiency "Case Management” Program HB -281-Item 18. - 77 Section 1: OVERVIEW Interval House utilizes a client-centered, trauma informed approach for our self-sufficiency - case management program. Key staff and specialists, who will be working with the household, participate in the Assessment/Goal Tracking Sheet interview in a team approach so that the client will only need to share their story once This also enables specialized staff to further assess the client's needs and goals. We work hand in hand with the client to empower them and help them to determine the steps needed to successfully reach their goals. Interval House has developed the Individualized Service Plan/Goal Worksheet as a guide and checklist for our Self-Sufficiency program from entry to exit. These forms outline the comprehensive assessments and services that are offered to rental assistance clients and their children throughout their program at Interval House. The following services are offered as part of the Self- Sufficiency Case Management program: 1. Individualized Housing and Service Plan 2. Housing Search and Placement 3. Legal Services 4. Financial Management/Credit Repair 5. Employment Assistance 6. Transportation 7. Counseling HB -282-Item 18. - 78 Section 2: HOUSING & SERVICE PLAN The Interval House Case Management model maximizes client success by developing individualized service plans and addressing clients' specific needs in securing permanent housing and self-sufficiency. Each participant will also develop an individualized Service Plan with their Case Manager addressing specific goals and time frames for short-term and long-term goals. Individualized services and resources are planned to meet the unique needs of rental assistance participants. Case Managers will monitor client's progress on a regular basis (at minimum monthly) and make revisions as needed with the participant. The service plan components include: • Housing • Interpersonal/emotional • Medical • Legal • Financial • Educational & vocational •And other immediate needs (such as transportation, clothing, food, etc.). All clients deserve devoted housing advocate case managers who are sensitive to their needs and who meets regularly with each client for ongoing support. Case managers will coordinate the delivery of all supportive services needed, working closely with clients and local community resources. HB -283-Item 18. - 79 Section 3: HOUSING SEARCH & PLACEMENT Attaining safe, permanent housing is a primary goal for all Interval House rental assistance participants. Housing search, placement, and establishment activities are planned in detail from the clients' intake assessment. Housing Advocates will work closely with clients to design carefully planned steps and activities in researching neighborhoods, negotiating leases, and advocating tenants' rights. Families are given the choice for selecting their housing and some may transition sooner and some take longer for their preferred housing options. For over 36 years, Interval House has worked closely with local Apartment Association and Housing networks to secure and strengthen relationships with landlords and property owners on behalf of homeless families. Interval House also maintains strong working relationships with building industry and private housing executives to strengthen housing inventory in Orange County. Landlords are provided with the incentive that Interval House has properly screened the family and will continue to provide support services as long as needed to the family to ensure housing stability and self-sufficiency. Interval House regularly follows up with landlords and monitors clients to see if any needs have been identified that would benefit from program advocacy. Interval House's maintains operational agreements with private landlords/owners and permanent housing providers for first option of over 40 units, and linkages to hundreds of vacancies as the adopted charity partner for the Apartment Association, Southern CA cities. HB -284-Item 18. - 80 Section 4: LEGAL SERVICES Staff attorneys, legal advocates and volunteer attorneys provide comprehensive legal services and representation in multiple languages. Legal assistance includes lease agreements, legal advocacy, court accompaniment, and other legal issues affecting homeless and at-risk homeless persons and their children. Interval House legal advocates provide legal assistance through individual legal counseling sessions, group legal clinics, court accompaniment and representation, and legal advocacy. Staff are trained to fully understand and explain relevant laws to clients and to help "walk them through" the relevant legal systems. HB -285-Item 18. - 81 Section 5: FINANCIAL MANAGEMENT/ CREDIT REPAIR Obtaining financial self-sufficiency is a critical goal for households served by Interval House. Financial Empowerment support includes: setting individual financial goals and timelines; developing, implementing, and monitoring a financial plan; increasing financial income; active budgeting and savings; repairing/improving credit; and reducing debt. A unique component is our award-winning financial management program, provided in partnership with the Financial Planning Association and its volunteer financial advisors. A partnership with nationally recognized financial expert Suze Orman provides all participants with financial tool kits, which assists clients with credit repair, financial literacy, and job placement and retention. Interval House has designed an 8-week comprehensive financial empowerment curriculum with weekly workshops conducted to assist program participants with credit repair, financial literacy, and job placement and retention. Assistance will also be provided to access mainstream financial benefits including social security, veteran's benefits, CalWORKs, disability, unemployment, and other public assistance. HB -286-Item 18. - 82 Section 6: EMPLOYMENT ASSISTANCE Obtaining self-sufficiency is a critical goal for families served by Interval I-louse. Interval House Case Managers work with clients to identify interests, life experiences and talents that lend themselves to employment. Housing Advocates also: • Help clients develop resumes, complete job application and prepare for interviews; • Obtain educational scholarships through AmeriCorps and other sources to increase leadership skills and/or further their education; • Provide transportation solutions to job interviews and job-related activities; and • Provide job placement in career-level jobs and job retention assistance. HB -287-Item 18. - 83 Section 7: TRANSPORTATION Interval House provides support services at our Community Service Center and Satellite sites in Huntington Beach conveniently accessible via public transportation routes or via home visits as needed. Interval House provides assistance with transportation via bus passes and accessing mainstream resources available for transportation through CalWORKs and disability access. Interval House also maintains agreements with local taxi companies to provide emergency transportation assistance and works closely with the Huntington Beach Police Department to assist transport participants in crisis situations. HB -288-Item 18. - 84 Section 8: COUNSELING Interval House provides an array of individual and group counseling programs on-site and works closely with other mental health providers to address behavioral health needs of participants. Sensitive and flexible counseling services will be available from peer support to therapeutic individual and group counseling provided by skilled professional and paraprofessional counselors in over 70 different languages. HB -289-Item 18. - 85 1H Form LB/GG/FIBMWOC HUD/SA/HB HOME/OVW Interval House Individualized Service Plan Goal Worksheet Client Name: Children Name/Age: Instructions for this Goal Worksheet: • Goal setting is a VOLUNTARY support service for our participants. • Any Goals listed here should be100% dictated by the Survivor. Staff's role is to provide support as Survivors determine their own goals. • We encourage staff to write down the goals that Survivors want to accomplish starting on the Phone Intake and do a draft before client comes. • Finalize based on Survivor's plans expressed to staff during in-person intake. • Staff should offer support to Survivor to make any updates Weekly for shelter & Monthly for rental assistance • Offer copy to client after EVERY update. Explain the Following to Client before Beginning: • The staff here want to offer any support and information you may need to accomplish any immediate goals or longer term goals that you decide is best for you. If you would like, we can help put together a written plan based on what you want to do while you are with us. • You can write down any updates to your goals and we will offer to help you edit this goal worksheet on a regular basis and offer you a copy. • Whether or not you use this tool or accomplish goals that you put down, your participation in our program will not be affected. • This is only a guide to help organize your goals, if you choose to use it. • Please know if you have a support person with you or waiting for you, you are welcome to invite them in for any part of this process. Intake Date: Initial Goal Worksheet Completed: with: (date) (names of client & ALL staff involved) Last Updated Date: STAFF SUPPORT: Client Advocate/Counselor: Financial/CalWORKs: Children: Legal: Other (we are ALL here to help): *Additional advocates/staff can assist with specific goalsIsteps as you determine. IH Files:PROGR.A.MS:R.ENTAL ASSISTANCE: CHART MASTER SAMPLES:.HE HOME binder:5. Case Management & Re-Evaluation:!. Goal 1 Worksheet (G6-1413-WM-OC HUD-SA-HE HOME-OVW).doe HB -290-Item 18. - 86 tistALL.lion§ing goals determined ' : ' • Move into Own Ap'tment • Move ink) 7)-cnsiiionalilousIng • Find Room :▪ ior Applicable: Goals-Achieved/OnteOpmes . . (Weft goals . ....... Steps needed to reach goal & assistance needed For example: I:66kfor : hüusini in area 141(:).kp ikei:oitr'&:o.f.p.13..i::Itrit,oied 1: ;,,:ipeo...gl!Oil , • • , :Aciiog these•oa1s detenvned : "participant is NOT ...,•requird,•::: •: • •• voluntary. Tracidng of goals h) •participanE...,• is optionaL• n In Progress ri In Progress Yes Yes Yes 11 In Progress Yes LI In Progress 'HOUSING 'Goals Personts Responsible. 1H.Porrn LBIGG/HB/WM/OC HUD/SA/H HOME/OVW IH Files:PROGRAMS:RENTAL ASSISTANCE: CHART MASTER SAM.PLES:HB ONE binder:5. Case Management & Re-Evaluation: 1. Goal 2 Worksheet (0G-1413-WM-OC 111.3D-SA-H13 HOME-OVW).doc HB -291-Item 18. - 87 Steps needed to reach goal & assistance needed Goals Acitieved/Outcorne,s .(Were ,goals obtained?) likt/INC 111E.Gois Peirson/s Responsible any. in . . . . tbese.goals••etermined by u'arri..ipant is NOT .req*ctit and voluntary fraLkiJu of.gba.I.S. by participant is optional or exirnpL.: r. edi0 Apply jot weinpiymenr • aiSath •••• Current Monthly Income: . Started new job. tH:Forril .LB/,Q G1,H PiWNVQQ: _Hp . D /SN.H.$: EPP! Eip.y.yy, Source of Income: LYes El In Progress 1. 2. Increase Financial Education & Knowledge by working with the Interval House Financial Empowerment Program 3. Client would like to participate in (check all that apply): El Introduction to Banking El Introduction to Credit & Reviewing Credit Report El Choosing & Keeping Checking Account • Budgeting & Tracking Your Money O Why You Should Save, Save, Save El Consumer Rights D How Credit History Affects Your Credit Future CI How to Make a Credit Card Work for You DYes 0Yes El In Progress ri In Progress IH Files:PROGR.AMS:RENTAL ASSISTANCE: CHART MASTER SAMPLES:HB HOME binder:5. Case Management & Re-Evaluation:I . Goal 3 Worksheet (GG-HB-WM-OC HUID-SA.-11B HOME-OVW).doc HB -292-Item 18. - 88 Steps needed to reach goal & any assistance needed Goals Achie0ed/Outcomes. • -Yere.goals obtained?)- Apply or .ccho& enceiith Wue to Work " : e'Vqjrple pntcipant is NUT required ind " v. Tking of goals by participant is optiriaL Person/s Responsible pr.•-pgrattki•I:1 1H :Foten :LB/GG/HR/WM/Qc HUD/SA/Ha HOME/OVW What is the Highest Education Level You have Completed? Yes In Progress Yes E In Progress Yes LI In Progress 1H Files:PROGRAMS:R.ENTAL ASSISTANCE: CHART MASTER SAMPLES:H.8 HOME binder:5. Case Management & Re-Evaluation:1. Goal 4 Worksheet (GO-MB-WM-0C HUD-SA-MB HOME-OVW).doe HB -293-Item 18. - 89 &: any: EIVIPLOYMENIC::poA " .,.• PersonIs Responsible als Achieved/Outcomes (Were goals obtained?) • Describe ALL Employment determined by Participant: Steps needed to reach goal assistance needed NL.:111eving:::t esc goals :deLL.rintricd by , arficipant i.s NOT required and vo.lun ding Of goals :ny:partiOipantis optional.: yary; Sait .561):Sedrh ..,..:.,:. :thiedo Safe Vot e • Are you currently working? NO YES If yes, WHERE 1H Form LE/GG/HB/VVM/OC 1-11.1D/SNHE HOIV1E/OVW Past Work Experience: Yes 0 In Progress • Improve Job Readiness Skills by working with the Interval House Employment Program Client would like to participate in (check all that apply): O Employment Assessment 0 Writing a Resume O Cover Letters and Job Applications D Preparing for Interviews D Job Search O Business Etiquette ElYes 0 In Progress Yes In Progress IH Files:PROCiRAMS:RENTAL ASSISTANCE: CHART MASTER SAMPLES:HB HOME binder:5. Case Management & Re-Evaluation:I. Goal 5 Worksheet (GO-HE-WM-0C flUD-SA-HB HOME-OVW).doc HB -294-Item 18. - 90 Person/s Responsible Goals A cbieved/Outcomes (Were goals obtained?) .request :••• Achieving these. goals det ined: Ii Jrrig of iibalsby p.irticlpanL i optional Yes fl In Progress F.r.)r.evample: Corazpli•te 1egal ktter 1. 2. HEALTH & WELLNESS Goals- . :Describe ALL Health- & :Wellness goals: :det4inined by:Participanf:- For eu#ith ••::•!Se:O.kir, on ....::. Get Health Ihc drare ! at lppl able Steps needed.tciteach.geial.:& any :.assistance needed:: Do you have health insurance? NO YES If yes, WHAT KIND 1. OYes TI In Progress Goals Achieved/Outcomes Were goals obtained?) „. :4'e}i...illingitheSe,goa:18;detertnine:Vb%- ...• ••- •• •• ••,• • •,•:•• E] Yes In Progress IH Form L13/GG/HB1WM/OC HUD/SA/Ha HOME/OVW IH Files:PROGRAMS:RENTAL ASSISTANCE: CHART MASTER SAMPLES:HB HOME binder:5. Case Management & Re-Evaluation:1 . Goal 6 Worksheet (GG-HB-WM-OC HUD-SA-HB HOME-OVW).doe HB -295-Item 18. - 91 Person/s'RespOnsitile. StepSneeded.to;reach goal &. assistance;neede El In Progress ['Yes -GOalS-AthieVed10.iit&inieS. . . .(Were:goals:olitained?) . . ;tePS.needed to reach goal & any :assistance needed Goals Achieved/Outcomes (Were goals obtained?) • „ . . P2V,EglApp:/iedhle:r S'KYIS THE Li WIT ' hiving these: goals. deternlined by ... IH Form LBiGG/HBA/VM/OC HUD/SA/I-1B 1-10IVIE/OVW CHILDREN'S Goals 06s:iria,,eli.:j:C: ilil::tiii'st.gl': : in4c.oriti, :..i,,...:,;,:13,,..,,,.i;.:::: : 1.it4)., :0: ,: , . . - hip(=: :.: :, ,20 t6r'EP-1.1. :wely:Sc" :,7:::: ::::::::: : :: 5? .r.I.'46 :il :'::',: c.!7h: i" ci E:Z) .7 : iii.s:,,bi...:„0/7,4:41ng::: • : : :T.e: " ,cehqo : :3et 14P tfilito: „ ::64;:..::, ...„ : ,O.fegtk'i':!: tj.2j,701::::4:PrP1041:e' I. ['Yes In Progress 1. ElYes ri In Progress 2. Eyes EtnProgress Reviewed and updated at each session by client & staff: Participant Signature Date Staff Signature Date (Copies need to always be offered to participant, so they can handwrite any updates or notes they want to take) 114 Files:PROGRAMS:RENTAL ASSISTANCE: CHART MASTER SAMPLES:HE HOME binder:5. Case Management & Re-Evaluation:I. Goal 7 Worksheet (GG-HB-WM-OC HUD-SA-HE HOME-OVW).doc HB -296-Item 18. - 92 Form LB/GG/RBN M/QCI HUD/SA/HB HOMEIOVW For Admin Only (This part will only show up at Exit): Total # of Goals: # of Goals Achieved: % of Goals Achieved (Total/Achieved): 1H Files:PROGRAMS:R.ENTAL ASSISTANCE: CHART MASTER SAMPLES:H13 HOME binder:5. Case Management & 'Re-Evaluation:1. Coal 8 Worksheet (0G-HB-WM-OC HIJD-SA-HB HOME-OVW)doe HB -297-Item 18. - 93 Exhibit B Documentation, Recordkeeping, Reporting and Monitoring Requirements HB -298-Item 18. - 94 Documentation, Recordkeeping, Reporting and Monitoring Requirements Interval House (Subrecipient) shall comply with the requirements set forth in this document at all times during the term of the HOME Subrecipient Agreement (Agreement) between the City of Huntington Beach (City) and Subrecipient, to which this document is attached, I. Documentation and Recordkeeping A. Records to be Maintained Subrecipient shall maintain all records required by the federal regulations specified in 24 CFR 92.508(a)(3), which are pertinent to the Services to be funded under the Agreement. Records shall be maintained for each prospective participant, each Eligible Household and each Housing Unit inspected and/or occupied by an Eligible Household pursuant to the Agreement. Such records shall include but are not limited to: • Records providing a full description of each activity undertaken. • Records required to determine the eligibility of activities for use of HOME funds. • Records (including property inspection reports) demonstrating that each Housing Unit occupied by an Eligible Household meets the property standards of 24 CFR 92.251(d) and 24 CFR 982.401 upon occupancy and at the time of each annual inspection. • Records demonstrating compliance with the property standards and financial reviews and actions pursuant to 24 CFR §92.504(d). • Records demonstrating that each Eligible Household is income eligible in accordance with 24 CFR 92.203, including all TBRA applications, eligibility determinations and documentation regarding any appeals of eligibility determinations. Records demonstrating that Subrecipient is in compliance with the City's written tenant selection policies and criteria of 24 CFR 92.209(c), including any targeting provisions of 24 CFR 92.209(h), and calculation of each Subsidy Payment. • Records demonstrating that each rental agreement for an Eligible Household receiving Subsidy Payments complies with the tenant and participant protections of 24 CFR 92.253. • Records documenting compliance with Subrecipients marketing and outreach obligations under the Agreement, including compliance with the fair housing and equal opportunity components of the HB -299-Item 18. - 95 HOME program and HUD's Affirmative Fair Housing and Marketing regulations and the City's Affirmative Fair Housing Marketing Plan, when adopted. • Records documenting compliance with the lead-based hazards requirements under the Agreement, the HOME Program, and 24 CFR Part 35, subparts A, B, J, K, M and R. • Financial records as required by 24 CFR §92.508(a)(5) and 24 CFR §92.222. • Records documenting the HOME Matching Contributions made by Subrecipient pursuant to the Agreement and the HOME Program, specifically including 24 CFR 92.218 through 24 CFR 92.222. B. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five years after the period of Subsidy Payments terminates. Notwithstanding the above, if there are litigation matters, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then all pertinent records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. C. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. D. Disclosure The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Subrecipient's responsibilities with respect to Services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving services and, in case of a minor, that of a responsible parent/guardian. E. Close Outs The Subrecipient's obligation to the City shall not end until all close-out requirements are completed. Activities during the close-out period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over HOME funds, including program income. HB -300-Item 18. - 96 F. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City, HUD and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of the Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Subrecipient audits and OMB Circular A-122. II. Quarterly Progress Reports Subrecipient shall submit quarterly progress reports to the City in a form approved or directed by the City on or before each April 15, July 15, October 15 and January 15, which shall include all of the following information regarding Subrecipient's activities during the prior quarter: • The number of TBRA applications received, processed, approved and disapproved. • The number of Housing Units inspected, approved and disapproved and a description of any corrective work performed by Landlords to comply with HQS. The number of Eligible Households assisted, including specific information regarding the number of and ages of all household members, income categories, types and amounts of assistance provided to each Eligible Household, and remaining terms of assistance expected to be provided to such households. Description of each Eligible Household's participation in required self-sufficiency program and other optional social and supportive Services provided or otherwise made available to each Eligible Household. • Budget reconciliation information, including year-to-date expenditures and remaining balance available for Subsidy Payments in accordance with the Budget and the Agreement. Number of additional Eligible Households Subrecipient expects to qualify and assist within the following three-month period, • Updated schedule of performance of the Services under the Agreement, including a schedule for qualifying and assisting additional Eligible Households as permitted by the Budget. Information regarding any complaints receipted from Applicants or Eligible Households and any correspondence received from community members or organizations or other nonprofit organizations regarding the Program or specific activities or individuals involved in the Program. HB -301-Item 18. - 97 • Documentation of the HOME Matching Contributions made by Subrecipient pursuant to the Agreement and the HOME Program, specifically including 24 CFR 92.218 through 24 CFR 92.222. III. Performance Monitoring A. Monthly Reports Subrecipient shall provide progress reports on a Monthly basis during the first quarter of the Term of the Agreement in order for the City to review Subrecipient's activities and progress under the Agreement and to ensure that the Program is progressing smoothly. B. City Oversight and Review City will monitor the performance of the Subrecipient against the goals and performance standards set forth in the Agreement. From time to time, City shall he entitled to audit and review Subrecipient's performance of the Services in accordance with the terms of the Agreement and compliance with the HOME Program. Substandard performance as determined by the City will constitute noncompliance with the Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, termination procedures will be initiated in accordance with Section 8.3 of the Agreement. HB -302-Item 18. - 98 Exhibit C Gross Income Calculation Form HB -303-Item 18. - 99 Req. form 1-IB HOME INTERVAL HOUSE Crisis Shelters & Canters for Victims of Domestic Violence RENTAL ASSISTANCE PROGRAM Income Information • Income Checklist o Documentation of Income • Declaration of Income Form o Income Regulations • Declaration of Assets and Calculation of Total Household Income o Asset Regulations • Calculation of Client Contribution; Gap Analysis HB -304-Item 18. - 100 Req. forrn -HOME Income CHECKLIST Step 1: Staff member interviews client and collects copies of any documentation from checklist below. Attach proof of all income for every household member age 18 or older. All income information/documentation should be collected for the past two months for HB HOME. ***Do not ask an employer to provide documentation, especially if this could jeopardize the client's employment. You should get everything from the client. Income includes but is not limited to: • The full amount of gross income earned before taxes and deductions. • The net income earned from the operation of a business, i.e., total revenue minus business operating expenses. This also includes any withdrawals of cash from the business or profession for your personal use. • Monthly interest and dividend income credited to an applicant's bank account and available for use. • The monthly payment amount received from Social Security, annuities, retirement funds, pensions, disability and other similar types of periodic payments. • Any monthly payments in lieu of earnings, such as unemployment, disability compensation, SS!, SSDI, and worker's compensation. • Monthly income from government agencies excluding amounts designated for shelter, and utilities, WIC, food stamps, and childcare. • Alimony, child support and foster care payments received from organizations or from persons not residing in the dwelling. • All basic pay, special day and allowances of a member of the Armed Forces excluding special pay for exposure to hostile fire. Copy of Bank Statements for the past two months attached in back pocket of folder. HB -305-Item 18. - 101 Req. form —HB HOME Proof of any Employment Income for the past two months is attached in back pocket of folder. (i.e. paycheck stubs, W-2/1099 tax form) ** Employment income should include the total income, before taxes and deductions are taken out. Proof of any Payments anchor Benefit Income for the past two months is attached in back pocket of folder. Check the types of payments and/or benefits AND attach proof (i.e. notice or stub or deposit statements): Social Security/SSI Pension/Retirement TANF Public Assistance Disability/SSDI Unemployment Compensation Workers Compensation Alimony Payments Foster Care Payments Child Support Payments Armed Forces Income Other (please specify): Documentation of any other source of income for the past two months is attached in back pocket of folder. Proof of school enrollment attached in back pocket of folder, for any household member age 18 or over who is a full-time student. Client Signature: Signature of Staff responsible for assessment: Date: Date: Supervisor Signature: Date: HB -306-Item 18. - 102 Req. forrn HB HOME Step 2: Declaration of Income form Declaration of Income form is filled out by a trained staff member and signed for every household member age 18 or older. Staff member reviewed Annual Income Inclusions and Exclusions (see attached 24 CFR Part 5 guidelines). Information on all relevant included income has been collected and recorded on form. NO excluded income has been recorded on form. ALL relevant documentation is attached in back pocket of folder (see boxes in Step 1). If staff member was unable to obtain third-party verification or documentation, they have described efforts made for third-party verification and attached any documentation of these efforts in back pocket of folder. Staff member has signed the bottom of the form. Client Signature: Signature of Staff responsible for assessment: Date: Date: Supervisor Signature: Date: 4 HB -307-Item 18. - 103 B. form —FIB HOME Step 3: Declaration of Assets and Calculation of Total Household Income Declaration of Assets section is filled out by a trained staff member and ALL relevant documentation is attached in back pocket of folder. Staff member reviewed Net Family Asset Inclusions and Exclusions (see attached 24 CFR Part 5 guidelines). Information on all relevant included assets has been collected and recorded on form. NO excluded assets has been recorded on form. Total household income is calculated and recorded by a trained staff member on page 2. Client Signature: Signature of Staff responsible for assessment: Date: Date: Supervisor Signature: Date: 5 HB -308-Item 18. - 104 Req. form —HB HOME Step 4: Income requirement **** This information must be collected at intake and 6-month re-evaluation. Refer to Calculation of Total Household Income (Step 3) to find the household's total annual income. Refer to Demographic Information (Section 1) to find the household size (total number of adults and children). Does client have an annual household income below 30 percent of median family income for the area, as determined by HUD? I Yes HNo Extremely Low (30%) Income Limit for OC (FY 2017): -Household Size . Extremely Low Income 30% to 0% 1 Person $ 21,950 - $0 2 Persons $ 25,050 $0 3 Persons $ 28,200 $0 4 Persons $ 31,300 - 5 Persons $ 33,850 - $0 6 Persons $ 36,350 - $0 7 Persons $ 38,850 - $0 8 or More Persons $ 41,350 - $0 Source: https ://www. hud user. gov/portal/datasets/i1/112017/2017sum mary.odn Client Signature: Date: Signature of Staff responsible for assessment: Date: Supervisor Signature: Date: 6 HB -309-Item 18. - 105 Req. form FIB HOME Step 5: Calculation of Client Contribution; Gap Analysis Calculation of Client Contribution form is filled out by a trained staff member. Gap Analysis form is filled out by a trained staff member and Funds Needed is calculated at the bottom (amount of assistance cannot exceed the amount of funds needed). ** Enter the information into the Gap Analysis spreadsheet on the computer and the spreadsheet will do the math for you. ** Fill out the Schedule of Assistance every 6 months as decisions are made. Client Signature: Signature of Staff responsible for assessment: Date: Date: Supervisor Signature: Date: Step 6: Client Certification I certify, under penalty of perjury, that I have no other income or assets other than what I have stated above. I certify that all information provided on this form is true and complete. Client's Signature Client's Printed Name Date 7 HB -310-Item 18. - 106 Req. info / not req. faun —1-IB HOME RULE The Huntington Beach HOME grant requires households to have an income no greater than 30% of the annual median income (AM!) at time of entry. Household income can increase to up to 80% of AM1 during participation in program. 24 CFR 92.209 (c) (1) Low-income families. Tenant-based rental assistance may only be provided to very low- and low-income families. The participating jurisdiction must determine that the family is very low- or low-income before the assistance is provided. During the period of assistance, the participating jurisdiction must annually determine that the family continues to be low- income. (h)_ Maximum subsidy. (1) The an -iount of the monthly assistance that a participating jurisdiction may pay to, or on behalf of, a family may not exceed the difference between a rent standard for the unit size established by the participating jurisdiction and 30 percent of the family's monthly adjusted income. (2) The participating jurisdiction must establish a minimum tenant contribution to rent [Huntington Beach has established a minimum tenant contribution of $50 per month.] (3) The participating jurisdiction's rent standard for a unit size must be based on (i) Local market conditions; or (ii) The Section 8 Housing Choice Voucher Program (24 CFR part 982). (j) Security deposits. (2) The relevant State or local definition of "security deposit" in the jurisdiction where the unit is located is applicable for the purposes of this part, except that the amount of HOME funds that may be provided for a security deposit may not exceed the equivalent of two month's rent for the unit. 24 CFR 92.203 (a) (2) For all other families (i.e., homeowners receiving rehabilitation assistance, homebuyers, and recipients of HOME tenant-based rental assistance), the participating jurisdiction must determine annual income by HB -311-Item 18. - 107 Req. info / not req. form -FIB HOME examining at least 2 months of source documents evidencing annual income (e:g., wage statement, interest statement, unemployment compensation statement) for the family. (c) Although the participating jurisdiction may use either of the definitions of "annual income" permitted in paragraph (b) of this section to calculate adjusted income, it must apply exclusions from income established at 24 CFR 5.611. The HOME rents for very low-income families established under §92.252(b)(2) are based on adjusted income. In addition, the participating jurisdiction may base the amount of tenant-based rental assistance on the adjusted income of the family. The participating jurisdiction may use only one definition for each HOME-assisted program (e.g., downpayment assistance program) that it administers and for each rental housing project. (d) (1) The participating jurisdiction must calculate the annual.income of the family by projecting the prevailing rate of income of the family at the time the participating jurisdiction determines that the family is income eligible. Annual income shall include income from all persons in the household. Income or asset enhancement derived from the HOME-assisted project shall not be considered in calculating annual income. (2) The participating jurisdiction is not required to re-examine the family's income at the time the HOME assistance is provided, unless more than six : . . . . . months has elapsed since the participating jurisdiction determined that the family qualified as income eligible. (3) The participating jurisdiction must follow the requirements in §5.617 when making subsequent income determinations of persons with disabilities who are tenants in HOME-assisted rental housing or who receive tenant-based rental assistance. 9 HB -312-Item 18. - 108 INLE,RVIIHOUZE Req info LB / Req form GG/HB/VVM/OC HUD-SA/HB HOME Rental Assistance Program Step 2 DECLARATION OF INCOME Applicant Name: Income for: A Declaration of Income should be filled out for the head of household and each other household member age 18 or over. Check only one box and complete only that section I I certify, under penalty of perjury, that I currently receive the following income: Income source: Amount: Frequency: Income source: Amount: Frequency: Income source: Amount: Frequency: ** Employment income should include the total income, before taxes and deductions are taken out. Total Monthly income: Total Expected Annual income: Frequency Key: Paid weekly: 52 times/year Paid every other week (biweekly): 26 times/year Paid twice a month (semimonthly): 24 times/year Paid monthly: 12 times/year Please attach any relevant documentation of this household member's income that you collected from the yellow checklist (Step 1) in back pocket of folder. Remember, one of these forms should be filled out for the head of household and each other household member age 18 or over. I certify, under penalty of perjury, that I have no other income or assets other than what I have stated above. Applicant Signature: Date: I certify, under penalty of perjury, that I do not have any income from any source at this time. Applicant Signature: Date: Staff Verification I understand that third-party verification is the preferred method of certifying income for rental assistance. For third-party verification, you do not have to speak to an employer or other person — you can use any of the income documentation that you collected from the yellow checklist (Step 1). If you were unable to obtain third-party verification or documentation, please explain why. (For example: Contacting the client's employer could jeopardize their job, in certain situations). Staff Signature: Date: Financial supervisor approval signature: Date: HB -313-Item 18. - 109 Rental Assistance Program DECLARATION OF ASSETS Step 3 Req. info LB / Req. form — GG/F-IBANM/OC HUD-SA/ NB HOME INTERVAL HOUSE Applicant Name: ASSETS Family Member Asset Description Current Cash Value of Assets Actual Income from Assets 3. Net Cash Value of Assets 3. 4. Total Actual Income from Assets 4. 5. If line 3 is greater than $5,000, results here; otherwise, leave multiply line by (Passbook Rate) and enter 5. blank. Please attach documentation of any assets listed in back pocket of folder. CALCULATION OF TOTAL HOUSEHOLD INCOME Add the monthly and annual incomes from the Declaration of Income forms for all household members. Total Monthly Income Household head Household member #2 Household member #3 Household member #4 TOTAL FOR HOUSEHOLD Total Annual Income: Total annual household income from blue box in chart above: + The amount from Line 4 or 5 (whichever is bigger) in the assets table: Total annual income Expected Annual Income 1 HB -314-Item 18. - 110 INTERVAL HOUSE . Req. form — HB HOME Rental Assistance Program Step 5 CALCULATION OF CLIENT CONTRIBUTION Applicant Name: HB HOME RENT PAYMENT STANDARD EFFICIENCY 1-BEDROOM 2-BEDROOM 3-BEDROOM 4-BEDROOM HUNTINGTON BEACH NIA p $1,635 $1,938 $2,712 $4,003 OTHER ORANGE COUNTY — CENTRAL $1,119 $1,370 $1,645 $2,310 $2,509 OTHER ORANGE COUNTY — $1,119 RESTRICTED $1,515 $1,780 $2,460 I $2,509 OTHER ORANGE COUNTY $1,119 $1,312 $1,610 $2,254 $2,509 OTHER LA COUNTY $1,041 r $1,269 $1,564 $2,021 $2,404 *Orange County Central Cities: Costa Mesa Fountain Valley, Yorba Linda *Orange County — Restricted Cities: Aliso Viejo, Dana Point, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Rancho Santa Margarita, San Juan Capistrano, San Clemente, Tustin Calculation of Client's Contribution to Rent Family's monthly adjusted income: (from Calculation of Total Household Income) x0.30 30% of family's monthly adjusted income: If utilities not included in rent, Subtract utility allowance for city where they are moving: (from Utility allowance form in Lease/Landlord section Client Contribution: ** If this calculation results in a contribution less than $50, the Client Contribution shall be set at $50 (this minimum can be waived in exceptional circumstances.) Calculation of Maximum Subsidy from Interval House Rent standard for unit size: (see chart above based on city where housing is) Subtract Client Contribution from above: HB -315-Item 18. - 111 Exhibit D Household Budget Worksheet HB -316-Item 18. - 112 ;:rotal Montlity:HTF5r:hrkl 17010 :(064 :Cnknintinn of Trite) :iiinnelioldhikorne) " This income should already incorporate inclusions and exclusions from 24 CFR Part 5 Total Monthly INCOME Budget MONTHLY INCOMC' 'Total HOME EXPEWS:: Vehicle Payments Auto Insurance Fuel Bus/Taxi/Train Fare Repairs Registration/License Other 740,[1-0NspOrgION. ppEws Health Insurance Doctor/Dentist Medicine/Drugs Life Insurance Veterinarian/Pet Care Other PP:r Groceries Education/Lessons Pet expenses Personal Supplies (toiletries, hygiene, etc.) Clothing Cleaning (laundry, dry cleaning, etc.) Dining/ Eating Out Salon/Barber Other OBLIGATIONS/DEBTS OBLIGATIONS Student Loan Other Loan Credit Cards Alimony/Child Support Medical debts Rental Arrears Other Total OBUGATIONS/DEBTS * "These are one-time expenses of moving into new housing Total Monthly Expenses + Housing Relocation and Stabilization Expenses - Total Monthly Income = Funds Needed OR (Funds available) = Maximum initial assistance (assistance cannot exceed funds needed) Total Monthly EXPENSES MONTHLYANAL*SIS Req. form - GG11-1B/WMAJC FILID/LB/SAJHB 1-16ME GAP ANALYSIS Step 5 Applicant Name: MONTHLY INCOME MONTHLY EXPENSES SAVINGS E1/1012A1 Emergency Fund Transfer to Savings Retirement (401k, IRA) Investments Education Other Total SAVINGS Rein Rental Insurance Utilities Water/Sewer/Trash Communication (Phone, Cable, Internet) Maintenance/Supplies/Household Cleaning Other TAXES **This includes taxes taken out of monthly income if client 'Insa.,large .arnown, of elther :Svipes :or ;cliiii0tions/Petits;:: triO:s64(14 410 rie tal .rert Into account : When dalcninting SCHEDULE OF ASSISTANC ist Month 2nd Month 3rd Month Total Assistance / First 6 months (HB HOME) / Second 6 months (HB HOME) / etc. (HB HOME) HB -317-Item 18. - 113 Exhibit E Lead-Based Hazard Information Pamphlet "Protect Your Family from Lead in your Home" HB -318-Item 18. - 114 41, 0,syn Reg info/not req form GG/HBM/M/OC HLJD/I.13/SA/ HI3 HOME INLEALNO UZ Lead Screening Worksheet About this Tool The lead screening worksheet is intended to guide grantees through the lead-based paint inspection process to ensure compliance with the rule. Staff can use this worksheet to document any exemptions that may apply, whether any potential hazards have been identified, and if safe work practices and clearance are required and used. A copy of the completed worksheet along with any additional documentation should be kept in each program participant's case file. Instructions To prevent lead-poisoning in young children, grantees must comply with the Lead-Based Paint Poisoning Prevention Act of 1973 and its applicable regulations found at 24 CFR 35, Parts A, B, M, and R. Under certain circumstances, a visual assessment of the unit is not required. This screening worksheet will help program staff determine whether a unit is subject to a visual assessment, and if so, how to proceed. A copy of the completed worksheet along with any related documentation should be kept in each program participant's file. Note: ALL pre-1978 properties are subject to the disclosure requirements outlined in 24 CFR 35, Part A, regardless of whether they are exempt from the visual assessment requirements. BASIC INFORMATION Name of Participant Address Unit Number City State Zip Program Staff PART 1: DETERMINE WHETHER THE UNIT IS SUBJECT TO A VISUAL ASSESSMENT If the answer to one or both of the following questions is 'no,' a visual assessment is not triggered far this unit and no further action is required at this time. Place this screening worksheet and related documentation in the program participant's file. If the answer to both of these questions is 'yes,' then a visual assessment is triggered for this unit and program staff should continue to Part 2. 1. Was the leased property constructed before 1978? EIJ Yes No 2. Will a child under the age of six and/or pregnant woman be living in the unit occupied by the household receiving assistance? Yes No HB -319-Item 18. - 115 Req info/not req form — GG/HBNVM/OC HUD/LB/SA/ HB HOME PART 2: DOCUMENT ADDITIONAL EXEMPTIONS If the answer to any of the following questions is 'yes,' the property is exempt from the visual assessment requirement and no further action is needed at this point. Place this screening sheet and supporting documentation for each exemption in the program participant's file. If the answer to all of these questions is 'no,' then continue to Part 3 to determine whether deteriorated paint is present. 1. Is it a zero-bedroom or SRO-sized unit? Yes Lii No 2. Has X-ray or laboratory testing of all painted surfaces by certified personnel been conducted in accordance with HUD regulations and the unit is officially certified to not contain lead-based paint? LI Yes I-1 No 3. Has this property had all lead-based paint identified and removed in accordance with HUD regulations? D Yes No 4. Is the client receiving Federal assistance from another program, where the unit has already undergone (and passed) a visual assessment within the past 12 months (e.g., if the client has a Section 8 voucher and is receiving rental assistance for a security deposit or arrears)? n Yes (Obtain documentation for the case file.) fl No 5. Does the property meet any of the other exemptions described in 24 CFR Part 35.115(a). I I Yes N o Please describe the exemption and provide appropriate documentation of the exemption. 2 HB -320-Item 18. - 116 Req info/not req form — GG/HEINVM/OC HUD/LB/SN HI3 HOME PART 3: DETERMINE THE PRESENCE OF DETERIORATED PAINT To determine whether there are any identified problems with paint surfaces, program staff should conduct a visual assessment prior to providing financial assistance to the unit as outlined in the following training on HUD's website at: http://www.hud.gov/offices/lead/trainingivisualassessment/h00101.htm. If no problems with paint surfaces are identified during the visual assessment, then no further action is required at this time. Place this screening sheet and certification form (Attachment A) in the program participant's file. If any problems with paint surfaces are identified during the visual assessment, then continue to Part 4 to determine whether safe work practices and clearance are required. 1. Has a visual assessment of the unit been conducted? ▪ Yes ▪ No 2. Were any problems with paint surfaces identified in the unit during the visual assessment? pi Yes n No (Complete Attachment A — Lead-Based Paint Visual Assessment Certification Form) PART 4: DOCUMENT THE LEVEL OF IDENTIFIED PROBLEMS All deteriorated paint identified during the visual assessment must be repaired prior to clearing the unit for assistance. However, if the area of paint to be stabilized exceeds the de minimus levels (defined below), the use of lead safe work practices and clearance is required. If deteriorating paint exists but the area of paint to be stabilized does not exceed these levels, then the paint must be repaired prior to clearing the unit for assistance, but safe work practices and clearance are not required. 1. Does the area of paint to be stabilized exceed any of the de minims levels below? • 20 square feet on exterior surfaces n Yes E. No • 2 square feet in any one interior room or space n Yes n No • 10 percent of the total surface area on an interior or exterior component with a small surface area, like window sills, baseboards, and trim Yes 1-1 No If any of the above are 'yes,' then safe work practices and clearance are required prior to clearing the unit for assistance. 3 HB -321-Item 18. - 117 Req info/not req form – GG/HB/WM/OC HUDSA/ FIB HOME PART 5: CONFIRM ALL IDENTIFIED DETERIORATED PAINT HAS BEEN STABILIZED Program staff should work with property owners/managers to ensure that all deteriorated paint identified during the visual assessment has been stabilized. If the area of paint to be stabilized does not exceed the de minimus level, safe work practices and a clearance exam are not required (though safe work practices are always recommended). In these cases, the program staff should confirm that the identified deteriorated paint has been repaired by conducting a follow-up assessment. If the area of paint to be stabilized exceeds the de minimus level, program staff should ensure that the clearance inspection is conducted by an independent certified lead professional. A certified lead professional may go by various titles, including a certified paint inspector, risk assessor, or sampling/clearance technician. Note, the clearance inspection cannot be conducted by the same firm that is repairing the deteriorated paint. 1. Has a follow-up visual assessment of the unit been conducted? Ti Yes El No 2. Have all identified problems with the paint surfaces been repaired? ri Yes fl No 3. Were all identified problems with paint surfaces repaired using safe work practices? ri Yes fl No n Not Applicable – The area of paint to be stabilized did not exceed the de nninimus levels. 4. Was a clearance exam conducted by an independent, certified lead professional? n Yes 1-1 No n Not Applicable –The area of paint to be stabilized did not exceed the de minimus levels. 5. Did the unit pass the clearance exam? Yes El No Ti Not Applicable –The area of paint to be stabilized did not exceed the de minimus levels. Note: A copy of the clearance report should be placed in the program participant's file. 4 HB -322-Item 18. - 118 Req info/not req form — GG/HB/WM/OC HUD/LB/SA/ HB HOME ATTACHMENT 1: LEAD-BASED PAINT VISUAL ASSESSMENT CERTIFICATION TEMPLATE , certify the following: • I have completed HUD's online visual assessment training and am a HUD-certified visual assessor. • I conducted a visual assessment at on • No problems with paint surfaces were identified in the unit or in the building's common areas. (Signature) (Date) Client Name: Case Number: 5 HB -323-Item 18. - 119 : If you think your .home has high • levels of lead: 4). Get your young children tested for lead, even if they seem healthy. *Wash childreris hands, bottles, pacifiers, and toys often. *Make sure children eat healthy, low-fat foods. Get your home checked for lead hazards. • Regularly clean floors, window sills, and other surfaces, *Wipe soil off shoes before entering house. *Talk to your landlord about fixing surfaces with peeling or chipping paint. Take precautions to avoid exposure to lead dust when remodeling or renovating (call 1-800-424- LEAD for guidelines). *Don't use a belt-sander, propane torch, high temperature heat gun, scraper, or sandpaper on painted surfaces that may contain lead. + Don't try to remove lead-based paint yourself. =,Rabycled1Rec.461able , - ":„ Printed with vebetable i besed inl(s en recycled -paper • (minimum 50% pcistcorisuthr rod_bes --chforine free. _ HB -324-Item 18. - 120 -.United States - EnvirOnmental Pr-ofection Agency _ United _States _ -Consumer Product _SafetSr. Commission _ e tC ,1T,tr 1 i IIII I 6q. United States * t'• 1111111* Department of . Housing _ and Urban Development - HB -325-Item 18. - 121 Are You Manning To guy, Rent, or Renovate a Horne Built Before 1978? All any houses and apartments built before 1978 have paint that contains high levels of lead (called lead- based paint). Lead from paint, chips, and dust can • pose serious health hazards if not taken care of properly. OWNERS, BUYERS, and RENTERS are encouraged to check or lead (see page 6) before renting, buying or renovating pre- 1978 housing, ederal law requires that individuals receive certain. information- before renting, buying, or renovating pre-1978 housing: LANDLORDS have to disclose known Infor- mation on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a disclosure about lead-based paint. SELLERS have to disclose known Informa- tion on lead-based paint and lead-based paint hazards before selling a house, Sales contracts must include a disclosure about lead-based paint. Buyers have up to 10 days to check for lead. RENOVATORS disturbing more than Z square feet of painted surfaces . have to give you this pamphlet before starting work. HB -326-Item 18. - 122 IMPS F:Tk NT Lead From Paint, Dust, and Soil Can Be Dangerous if Not Managed Properly FACT: Lead exposure can harm young children and babies even before they are born, FACT:. Even children who seem healthy can have high levels of lead in their bodies. FACT: People can get lead In their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead, FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard. FACT: RemoVing lead-based paint improperly can increase the clanger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family, HB -327-Item 18. - 123 Women with a high lead level in their system prior to pregnancy would expose a fetus to lead through the placenta during fetal development. 2 Lead Gets in the Body in Many Ways Childhood lead poisoning remains a major environmen- tal health problem in the U.S. Even children who appear healthy can have danger- ous levels of lead in their bodies. People can get lead in their body if they: • Breathe in lead dust (especially during renovations that disturb painted surfaces). • Put their hands or other objects covered with lead dust In their mouths. • Eat paint chips or soil that contains lead. Lead is even more dangerous to children under the age of 6: At this age children's brains and nervous systems are more sensitive to the dam- aging effects of lead. • Children's growing bodies absorb more lead, Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. Lead is also dangerous to women of childbearing age: HB -328-Item 18. - 124 Lead's Effects It is important to know that even exposure to low, levels of lead can severely harm children. In children, lead can cause: • Nervous system and kidney damage, t,.> Learning disabilities, attention deficit disorder, and decreased intelligence. • Speech, language, and behavior problems. • Poor muscle coordination. .4p. Decreased muscle and bone growth. • Hearing damage. While low-lead exposure is most common, exposure to high levels of lead can have devastating effects on children, including seizures, uncon- sciousness, and, in some cases, death, Although children are especially susceptible to lead exposure, lead can be dangerous for adults too. In adults, lead can cause: • increased chance of illness during pregnancy *le Harm to a fetus, Including brain damage or death. • Fertility problems (in men and women), 41:. High blood pressure. • Digestive problems. • Nerve disorders. • Memory and concentration problems. 4> Muscle and joint pain. Lead affects the body in many ways. 3 HB -329-Item 18. - 125 Were Lead-Based Paint is Found In general, the older your home, the more likelY it has lead- based paint. Many homes built before 1978 have lead- based paint. the :federal government banned lead-based paint from housing in 1978, Some states stopped Its use even earlier. Lead can be found: • In Nimes in the City, country, or suburbs. 4.. In apartments, single-famlly homes, and both private and public housing. • Inside and outside of the house. + In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas In cars.) Checking Your Family for Lead Get your children and home tested if you think your home has high lev- els of lead. To reduce your child's exposure to lead, get your child checked, have your home tested (especially if your borne has paint In poor condition and was built before 1978), and fix any hazards you may have. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for: • Children at ages 1 and 2, • Children or other family members who have been exposed to high levels of lead. • Children who should be tested under your state or local health screening plan_ Your doctor can explain w_hat the test results mean and If more testing will be needed. 4 HB -330-Item 18. - 126 Identifying Lead Hazards Lead -based paint is usually not a hazard if It is fn good condition, and it is not on an Impact or friction surface, like a window: it is defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter, or more than 0.5% by weight. Deteriorating lead-based paint (peeling, chipping, chalking, cracking or damaged) Is a hazard and needs immediate attention. It may also be a hazard when found on sur- faces that children can chew or that get a lot of wear-and-tear, such as: * Windows and window sills, • Doors and door frames. • Stairs, railings, banisters, and porches. Lead from paint chips, which you can see, and lead dust, which you can't always see, can both be serious hazards. Lead dust can form when lead-baseci paint Is scraped, sanded, or heated. Dust also forms when painted surfaces bump or rub togeth- er. Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vacuum, sweep, or walk through it. The following two federal standards have been set for lead hazards in dust: • 40 micrograms per square foot (pg/ftz) and higher for floors, including carpeted floors. • 250;1,0 2 and higher for interior window sills. Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. The following two federal standards have been set for lead hazards in residential soil: • 400 parts per million (ppm) and higher in play areas of bare soil. • 1,200 ppm (average) and higher In bare soil In the remainder of the yard. The only way to find out if paint, dust and soil lead hazards exist Is to test for them. The next page describes the most common meth- ods used. 5 HB -331-Item 18. - 127 Checking Your Horne for Lead just knowing that a home has lead- based paint may not tell you if there is a hazard. You can get your home tested for lead in several different Ways: A paint inspection tells you whether your home: has lead-based paint and where it is located. It Wont tell you whether or not your home curtently has lead hazards. • A risk assessment tells you If your home currently has any lead hazards from lead in paint, dust, or soil._ it also tells you what actions to take to address any hazards. • A corribination risk assessment and inspection tells you if your home has any lead hazards and if your home has any lead-based paint, and where the lead-based paint Is located. Hire a trained and certified testing profes- sional who will use a range of reliable methods when testing your home. + Visual Inspection of paint condition arid location. A portable x-ray fluorescence (XRF) machine. • Lab tests of paint, dust, and soil samples. There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency (see bottom of page 11) for more information, or call 1 -800 -424 -LEAD (5323) for a list of contacts In your area. Home test kits for lead are available, but may not always be accurate. Consumers should not rely on these kits before doing renovations or to assure safety 6 HB -332-Item 18. - 128 What You Can Do Now To Protect Your Family If you suspect that your house has lead hazards, you can take some immediate steps to reduce your family's risk; # If you rent, notify your landlord of peeling or chipping paint. • Clean up paint chips immediately. • Clean floors, window frames, Window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead..REME1V1BER NEVER MIX.AMMONIA ANp.}31.EAcH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS. • Thoroughly rinse sponges and mop beads after cleaning dirty or dusty areas. • Wash children's hands often, especial- ly before they eat and before nap time and bed time. • Keep play areas dean. Wash bottles, pacifiers, toys, and stuffed animals regularly. • Keep children from chewing window sills or other painted surfaces. # Clean or remove shoes before entering your , home to avoid tracking In lead from soil. # Make stire children eat nutritious, low-fat meals high in iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead. 7 HB -333-Item 18. - 129 Removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. Always use a professional who is trained to remove lead hazards safely. Reducing Lead Hazards in The Horne 8 in addition to day-to-day cleaning and good nutrition: 4), You can temporarily reduce lead hazards by taking actions such as repairing dam- aged painted surfaces -and planting grass to cover soil with high lead leveLs. These actions (called . "interim controls") are not permanent solutions and will need ongo- ing attention. • To permanently remove lead hazards, you shbuld hire a certified lead "abate- ment" contractor. Abatement (or perma- nent hazard elimination) methods include removing, sealing, or enclosing lead-based paint With special materials. Just painting over the hazard With regular paint is not permanent removal. Always hire a person with special training for correcting lead problems—someone who knows how to do this work safely and has the proper, equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. Once the work is completed, dust cleanup activities must be repeated until testing indicates that lead dust levels are below the following 40 micrograms per square foot u./0 2 ) for floors, including carpeted floors; 4 250 pg/1-t2 for interior wincloWs sills; and • 400 pg/1t 2 for window troughs. Call your state br local agency (see bottom of page 11)- for help in locating certified professionals in your area and to see if financial assistance is available. HB -334-Item 18. - 130 If not conducted properly, certain types of renova- tions can release lead from paint aknd dust into the air. Remodeling or Renovating a Home With Lead-Based Paint Take precautions befde your contractor or you.begin remodeling or renovating any- thing that disturbs painted surfaces (such as scraping off paint or tearing out walls): sto Have the area tested for lead-based paint. • not use a beit-sander, propane torch, 'high temperature heat gun, dry scraper, or dry sandpaper to remove lead-based paint. These actions: create large. amounts of lead dust and fumes. Lead dust can remain In your home long after the work is done. • Temporarily move your family (espe- cially children and pregnant women) out of the apartment or house until the work Is dOne arid the area is prop- erly cleaned. If you can't move your family, at least completely seal off the work area. • follow other safety Measures to reduce lead hazards. You can find out about other safety measures by calling 1-800-424-LEAD. Ask for the brochure "Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before, during, and after _renovations. If you have already completed renova- tions or remodeling that could have released lead-based paint or dust, get . your young children tested and follow the steps outlined on page 7 of this brochure. 9 HB -335-Item 18. - 131 Other Sources of Lead While paint, dust, and soil are the most OW1111100 sources of lead, other iead sources also exist. • Drinking water,. Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your Water, You cannot see, smell, or taste lead, and boiling•your water will not get rid of lead. If you think your plumbing might have lead in it: • Use only cold water for drinking and cooking. • Run water for IS to 30 seconds before drinking ft, especially if you have not used your water for a few hours. • The fob. If you work with lead, you could bring it home on your hands or clothes, Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. • Old painted toys and furniture. 40- Food and liquids stored In lead crystal or lead-glazed pottery or porcelain. • Lead smelters or other industries that release lead into the air. • Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. • Folk remedies that contain lead, such as "greta" and "azarcon" used to treat an upset stomach. to HB -336-Item 18. - 132 For More information The National Lead Information Center Call l-800-424-LEAD (424-532.3) to learn how to protect children from lead, poisoning and for other Information on lead hazards. " To access lead information via the web, visit www.epa.govilead and www.hud.gov/offices/leadf. EPA's Safe Drinking Water Hotline Call 1-800-426-4791 for information about lead in drinking water. Consumer Product Safety Commission (CPSC) Hotline To request .inforrnation on lead in consumer products, or to report an unsafe consumer product or a prod- uct-related Injury call 1 -800 -638- 2772, or visit CPSC's Web site at: www.cpsc.gov . Health and Environmental Agencies Some cities, states, and tribes have their own rules for lead-based paint activities, Check with your local agency to see which laws apply to you. Most agencies can. also provide information on finding a lead abatement firm In your area, and on possible sources of financial ald for reducing lead hazards. Recek/e up-to-date address and phone information for your local con- tacts on the Internet at www.epa.govJlead or contact the National Lead information Center at 1-800-424-LEAD. For the hearing impaired, call the Federal Information Relay Service at I -800-877-8339 -to access any of the phone numbers In this bfochure. HB -337-Item 18. - 133 EPA Regional Offices Your Regional EPA Office can provide further Information regard.- ing regulations and lead protection prOgrams. EPA Regional Offices Region i (aninecticut, Massachusetts, Maine, New Hampshire, Rh-ode Island, Vermont) Regional Lead Contact US. EPA Region 1 Suite 1 100 (CPT) One Conwess Street Poston, MA 02114-2023 1 (888) 372-7341 Region 2 (New Jersey, New York, Puerto Rlto, Virgin islands) Regional Lead Contact U.S..EPA Region 2 2890 Woodbridge Avenue B.uilding 209, Mail Stop 225 Edison, NJ 08837-3679 (732) 321.-6671 Region 3 (Delaware, Maryland, Pennsylvania, Virginia, Washington DC, West Virginia) Regional Lead Contact U.S. EPA Region.3 (3WC33) 1650 Arch Street Philadelphia, PA 19103 (215) 814-5000 Region 4 (Alabama. Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact L1.5. EPA Region 4 61 Forsyth Street, SW Atlanta., GA 30303 (404) 562-8998 Region Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Lead Contact U.S, EPA Region 5 (DT-8J) " 77 West Jackson Boulevard Chicago, IL 60604-3666 (312) 886-6003 Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma; Texas) Regional Lead Contact US. EPA Region 6 1445 Ross Avenue, 12th floor Dallas, TX 75202-2733 (21 -4). 665-7577 Region 7 (Iowa, Kansas, Missouri, Nebraska) Regional Lead Contact U.S. EPA Region? (ARID-RALI) 901 N. 5th Street Kansas City, KS 66101 (913) 551-7020 Region _8 (Colorado, Montana, North Dakota,. South Dakota, Utah, Wyoming) Regional Lead Contact U.S. EPA Region 8 999 18th Street, Suite 500 Denver, CO 80202-2466 (303). 312-6021 Region.9 (Arizona, California, Hawaii, Nevada) Regional Lead Contact U.S. Region 9 75 Hawthorne Street San Francisco, CA 94105 (415) 947-4164 Region tO (Alaska, Idaho, Oregon, Washington) Regional. Lead Contact U.S. EPA Region 10 Toxics Section WCM-128 200•Sixth Avenue Seattle, WA. 98101-1128 (206) 553-1.985 12 HB -338-Item 18. - 134 CPSC Regional Offices Your Regional CPSC Office can provide further informatiOn regard- ing regulations and comurner product safety, Eastern Regional Center Consumer Product Safety Commission 201 Vadat Street, Room 903 New York, NY 10014 (212) 620-4120 Central Regional ..Center Consumer Product Safety Commission 230 South Dearborn Street, Room 2944 Chicago, IL 60604 (312) 353-8260 Western Regional Center Consumer Product Safety Commission 1301 Clay Street, Suite 610-N Oakland, CA 9461.2 (510) 637-4050 HUD Lead Office Please contact HUD's Office of Healthy Homes and Lead Hazard Control for Information on lead regulations, outreach efforts, and lead hazard control and research grant programs. . . U.S._ Department of Housing and Urban Development Office of Healthy Homes and Lead Hazard Control 451 Seventh Street, SW, P-3206 Washington, DC 20410 (202) 755- f 785 This document is in the public domain, It may be reproduced by an individual or organization without permission. information provided In this booklet Is based Upon current scientific and technical understanding of the Issues presented and Is reflective of the Jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will riot necessarily pro- vide complete protection in all situations or against all health hazards that can be caused by lead exposure. U.S. EPA Washington DC 20460 EPA747-K-99-001 U.S. CPSC Wahlrigton DC 20207 June 2003 U.S. HUD Washington 00 20410 13 HB -339-Item 18. - 135 Exhibit F Budget HB -340-Item 18. - 136 Interval House TBRA Program Budget Huntington Beach, California Contract 2017/18 HOME Funds TBRA & Security Deposits 1 '2 HQS Inspections 3 Income Eligibility 4 Total Home Funds City Inclusionary Total City Contract Interval House Funding Sources 6 Total Budget 147,278 10,000 8,000 165,278 37,000 202,278 106,964 309,242 Approximately 11 Eligible Households can receive assistance for 6 to 12 months per year 2 Assumes 20 inspections per year at $500 per inspection. Assumes inspections every six months for each 3 Eligible Household and some households will need more than one inspection before move-in. Average of 10 hours per Housing Unit. Activities will include inspection advocacy with landlord, agreements with landlord, inspection on-site, travel time, review and approval, and follow-up. 4 Assumes 20 screenings per year at $400 per screening in 2017/18 fiscal yar. Assumes income eligibility screenings every six months for each adult and some households will have more than one adult. Average of 8 hours per adult with income. Activities will include income documentation screening, verification and review, calculation of gross, adjusted, exclusions, advocacy with client on income, and follow up. 5 Includes ineligible administrative costs under the HOME Program, such as Intake Assessment, Housing Search, Case Management, Self-Sufficiency, related Support Services, and Overhead. Includes ineligible administrative costs under the HOME Program, such as Intake Assessment, Housing Search, Case Management, Self-Sufficiency, related Support Services, and Overhead that will be funded with other funding sources available to Interval House. HB -341-Item 18. - 137 Exhibit G Housing Quality Standards (HQS) Inspection Checklist HB -342-Item 18. - 138 .Reci form HB .HOME Inspection Checklist Housing Choice Voucher Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0169 (Exp. 04/3012018) Public reporting burden for this collection of information is estimated to average 0.50 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number, Assurances of confidentiality are not provided under this collection. This collection of information is authorized under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 14370. The information is used to determine if a unit meets the housing quality standards of the section 8 rental assistance program. Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 14370. Collection of the name and address of both family and the owner is mandatory. The information is used to determine if a unit meets the housing quality standards of the Section 8 rental assistance program. HUD may disclose this information to Federal, State and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. Failure to provide any of the information may result in delay or rejection of family participation. Name of Family Tenant ID Number Date of Request (mmiddlyyyy) Inspector Neighborhood/Census Tract Date of Inspection (mrnicld/yyyy) Type of Inspection Initial E Special pi Reinspection Date of Last Inspection (mmiddiyyyy) PHA A. General Information Inspected Unit Year Constructed (my) 0000 0: Housing Type (check as appropriate: Single Family Detached Duplex or Two Family Row House or Town House Low Rise: 3,4 Stories, Including Garden Apartment High Rise; 5 or More Stories Manufactured Home Congregate Cooperative Independent Group Residence Single Room Occupancy Shared Housing Other Full Address (including Street, City, County, State, Zip) Number of Children in Family Under 6 Owner ri 0 am EJ • Name of Owner or Agent Authorized to Lease Unit Inspected Phone Number Address of Owner or Agent B. Summary Decision On Unit (To be completed after form has been filled out Pass Fail Inconclusive Number of Bedrooms for Purposes of the FMR or Payment Standard Number of Sleeping Rooms Inspection Checklist IlEm No. 1. Living Room Yes Pass No Fail In - Conc Comment Final Approval Date (minkid/yyyy) 1.1 Living Room Present 1.2 Electricity 1.3 Electrical Hazards 1.4 Security 1.5 Window Condition 1.6 Ceiling Condition 1.7 Wall Condition 1.8 Floor Condition Previous editions are obsolete Page 1 of 8 form HUD-52580 (4/2015) ref Handbook 7420.8 HB -343-Item 18. - 139 Req form FIB HOME * Room Codes: 1 = Bedroom or Any Other Room Used for Sleeping (regardless of type of room); 2 = Dining Room or Dining Area; 3 = Second Living Room, Family Room, Den, Playroom, TV Room; 4 = Entrance Halls, Corridors, Halls, Staircases; 5 = Additional Bathroom; 6 = Other Item No. 1. Living Room {Continued) Yes Pas No Fail In- Conc, Comment Final Approval Date (mmicidinryy) 1,9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? Not Applicable 2, Kitchen 2.1 Kitchen Area Present 2.2 Electricity 2.3 Electrical Hazards 2.4 Security 2.5 Window Condition 2.6 Ceiling Condition 2.7 Wall Condition 2.8 Floor Condition 2 •9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? Not Applicable 2.10 Stove or Range with Oven 2.11 Refrigerator 2.12 Sink 2.13 Space for Storage, Preparation, and Serving of Food 3. Bathroom 3.1 Bathroom Present 3.2 Electricity 3.3 Electrical Hazards 3.4 Security 3.5 Window Condition 3.6 Ceiling Condition 3.7 Wall Condition 3.8 Floor Condition 3.9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? Not Applicable 3.10 Flush Toilet in Enclosed Room in Unit 3.11 Fixed Wash Basin or Lavatory in Unit 3,12 Tub or Shower in Unit 3.13 Ventilation Previous editions are obsolete Page 2 of 8 form HUD-52580 (412015) ref Handbook 7420.8 HB -344-Item 18. - 140 Item No , 4. Other Rooms Used For Living and Halls I Yes Pass No L In - : Fall Conc../ Comment , Final Approval Date (mitilddiyvyy) 4.1 Room Code* and (Circle Room Location Right/Center/Left 4.2 Electricity/Illumination One) (Circle One) Front/Center/Rear Floor Level 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition ..... .„... _ 4.7 Wall Condition 1 4.8 Floor Ccindition 4.9 Lead-Based Paint Are all painted surfaces free of deteriorated I I paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? i 0 iNot Applicable 4.10 Smoke Detectors 4.1 Room Code* and Room Location 4.2 Electricity/Illumination (C Right/Center role One) Left (Circle One) Front/Center/Rear Floor Level 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 4.9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? 0 NotApplicable 4.10 Smoke Detectors 4.1 Room Code* and E Room Location (Circle Right/Center/Left One) (Circle One) Front/Center/Rear I Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition , 4.6 Ceiling Condition 4.7 Wall Condition i 4,8 Floor Condition 4.9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? El Not Applicable Previous editions are obsolete Page 3 of 8 form MUD-52580 (412015) ref Handbook 7420.8 HB -345-Item 18. - 141 Req form - 1-18 HOME ithm No. 4, Other Rooms Used For Living and Halls Yes Pass No Fail in. Cone. Comment Final Approval Date (mrnicid)yyvy) 4.1 Room Code * and Room Location (Circle One) Rig ht/C en ter/Left (Circle One) Front/Center/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards I 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition I I I 4.7 Wall Condition I I I 4.8 Floor Condition I I I 4 .9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? I Not Applicable 4.10 Smoke Detectors I I I 4.1 Room Code* and (Circle One) Room Location Right/Center/Left (Circle One) Front/Center/Rear Floor Level 4.2 Electricity/Illumination 4.3 Electrical Hazards 4.4 Security 4.5 Window Condition 4.6 Ceiling Condition 4.7 Wall Condition 4.8 Floor Condition 4 .9 Lead-Based Paint Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed two square feet per room and/or is more than 10% of a component? Not Applicable 4.10 Smoke Detectors 5. All Secondary Rooms (Rooms not used for living) 5.1 None Go to Part 6 5.2 Security 5.3 Electrical Hazards 5.4 Other Potentially Hazardous Features in these Rooms Previous editions are obsolete Page 4 of 8 form HUD-52580 (412015) ref Handbook 7420.8 HB -346-Item 18. - 142 Req form H13 HOME Item 6. Building Exterior No. Yes , Pass No Fail Fri. one. Final Approval Comment Data (mm/cicIfyyyy) 1— 6.1 Condition of Foundation 6.2 Condition of Stairs, Rails, and Porches 6.3 Condition of Roof/Gutters 6.4 Condition of Exterior Surfaces 6.5 Condition of Chimney 6.6 Lead Paint: Exterior Surfaces Are all painted surfaces free of deteriorated paint? If not, do deteriorated surfaces exceed 20 square feet of total exterior surface area? Not Applicable 6.7 Manufactured Home: Tie Downs 7. Heating and Plumbing 7.1 Adequacy of Heating Equipment 7.2 Safety of Heating Equipment 7.3 Ventilation/Cooling 7.4 Water Heater 7.5 Approvable Water Supply 7.6 Plumbing 7.7 Sewer Connection _ 8. General Health and Safety 8.1 Access to Unit , 8.2 Fire Exits 8.3 Evidence of Infestation 8.4 Garbage and Debris 8.5 Refuse Disposal 8.6 Interior Stairs and Commom Halls 8.7 Other Interior Hazards 8.8 Elevators 8.9 Interior Air Quality 8.10 Site and Neighborhood Conditions 8.11 Lead-Based Paint: Owner's Certification Not Applicable If the owner is required to correct any lead-based paint hazards at the property including deteriorated paint or other hazards identified by a visual assessor, a certified lead-based paint risk assessor, or certified lead-based paint inspector, the PHA must obtain certification that the work has been done in accordance with all applicable requirements of 24 CFR Part 35. The Lead -Based Paint Owner Certification must be received by the PHA before the execution of the HAP contract or within the time period stated by the PHA in the owner HQS violation notice. Receipt of the completed and signed Lead-Based Paint Owner Certification signifies that all HQS lead-based paint requirements have been met and no re-inspection by the HOS inspector is required. Previous editions are obsolete Page 5 of 8 form HUD-52580 (4/2015) ref Handbook 7420.8 HB -347-Item 18. - 143 Rëq form 17113 ::HOME .:: C. Special Amenities (Optional) This Section is for optional use of the HA. It is designed to collect additional information about other positive features of the unit that may be present. Although the features listed below are not included in the Housing Quality Standards, the tenant and HA may wish to take them into consideration in decisions about renting the unit and the reasonableness of the rent. Check/list any positive features found in relation to the unit II Questions to ask me renant (uptionan 1. Living Room I High quality floors or wall coverings Working fireplace or stove Balcony, patio, deck, porch Special windows or doors Exceptional size relative to needs of family I Other: (Specify) 2. Kitchen • Dishwasher — Separate freezer Garbage disposal Eating counter/breakfast nook Pantry or abundant shelving or cabinets Double oven/self cleaning oven, microwave Double sink — High quality cabinets — Abundant counter-top space - Modern appliance(s) — Exceptional size relative to needs of family Other: (Specify) 4. Bath 1 Special feature shower head Built-in heat lamp I Large mirrors 1 Glass door on shower/tub —I Separate dressing room —1 Double sink or special lavatory 1 Exceptional size relative to needs of family —I Other: (Specify) 5. Overall Characteristics Storm windows and doors — Other forms of weatherization (e.g., insulation, weather — stripping) Screen doors or windows Good upkeep of grounds (i.e., site cleanliness, landscaping, condition of lawn) Garage or parking facilities — Driveway — Large yard — Good maintenance of building exterior Other: (Specify) 3. Other Rooms Used for Living 1 i High quality floors or wall coverings Working fireplace or stove Balcony, 1-1 patio, deck, porch Special windows H or doors -1=I Exceptional size relative to needs of family F Other. (Specify) 6. Disabled Accessibility Unit is accessible to a particular disability. Disability Yes No Previous editions are obsolete Page 6 of 8 form HUD-52580 (4/2015) ref Handbook 7420.8 HB -348-Item 18. - 144 Reg form HB HOME 1. Does the owner make repairs when asked? Yes No when_ 2. How many people live there? —1 3. How much money do you pay to the owner/agent for rent? $ 4. Do you pay for anything else? (specify) 5. Who owns the range and refrigerator? (insert 0 = Owner or T = Tenant) Range 6. Is there anything else you want to tell us? (specify) Yos I I No Refrigerator Microwave 0 Previous editions are obsolete Page 7 of 8 form HUD-52580 (412015) ref Handbook 7420.8 HB -349-Item 18. - 145 E. Inspection Summary/Comments (Optional) Provide a summary description of each item which resulted in a rating of "Fair or "Pass with Comments." ••"Hiin iL ir IL. I Allitt I Date of Inspection (minkid/yyyy) Address of Inspected Unit Type of Inspection InItial Special Reinspection Item Number Reason for "Fair or ''Pass with Comments Rating Continued on additional page Yes No o form HUD-5258G (412015) ref Handbook 7420.8 Previous editions are obsolete Page 8 of 8 HB -350-Item 18. - 146 . _---- ,11 03, ACCIRD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/TYTY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. LIC #0726293 505 N Brand Blvd, Suite 600 Glendale CA 91 203 CONTACT Mel Cha NAmE: PHONE 818-539-2300 FAX (A/C, No): 818-5 39 -230 fA/C. No. Ext); I E -MAIL ADDRESS, Mei—chan@ajg.com INSURER(S) AFFORDING COVERAGE NAIC 4 INSURER A :Berkley National Insurance Company INSURER B : New York Marine And General Insurance 38911 16608 INSURED INTEHOU-03 Interval House P.O. Box 3356 Seal Beach, CA 90740 INSURER C: INSURER D: INSURER E : INSURER F : CATE NUMBER: 25735552 EVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE AE1DL INSD SUBR WVD POLICY NUMBER POLICY EFF )VINUDEVYTYY) POLICY EXP (MM/DD/TYYT) LIMITS A X COMMERCIAL GENERAL LIABILITY Y HHS8525626-10 '. APPROVED AS TO 0M B : 'IC‘t-IJ AEL E. GN:alitil4; S ClTif ATTORNEY CITY OF HUNTINGTON B 10/1/2016 CtV? ACH 10/1/2017 EACH OCCURRENCE $ ,000,000 X CLAIMS-MADE X OCCUR DAMAGE-TO anTED PREMISES (Fa occurrence) $100,000 Sexual Abuse Da MED EXP (Any one person) $5,000 X 1MM/3MM PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 X POLICY [ .11) ER c°1-- LOG PRODUCTS - COMP/OP AGG $3,000,000 OTHER: Pr ofessional Llab $1 MM/3MM AUTOMOBILE LIABILITY COMBINED SINGLE (Eli accicrit LIMIT $ ANY AUTO BoDILY INJURY (Per person) $ $ OWNED AUTOS ONLY HIRED AUTOS ONLY — — SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY {Per accident) PRO-PER-TV-DAMAGE APer accident) $ $ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE HHN 8565362-10 10/1/2016 10/1/2017 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 OED RETENT ON $0 Sexual misconduct Occluded B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N /A y WC201700005078 :2/1/2017 2/1/2018 ^ , PER STATUTE 0TH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) Y /N E. . EACH ACCIDENT $1,000,000 E. . DISEASE - EA EMPLOYEE $1,000,000 It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY OMIT $1,000,000 A,, P.., Pn Property Coverage Crirne -Thert Forgery & Alteration HHS8525626 -10 HHS8525626-10 1-IH58525626-10 10/1 1 2016 10/1/2016 10/1/2016 10/1/2017 10/1/2017 10/1/2017 Llmit:$4,339,200 Deductible: $1,000 Limit :300,000 Ded:$1,000 limit:$300,000 Ded $1000 DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached ir more space is required) Policy: Cyber Liability, Policy#:NET 1-28 -06-74-01,Retro Date:7/1/2016 Term:7/112016 to 10/1/2017 Limit /Aggregate: 1,000,000 Retention:$5,000 Re:Certificate holder is named additional insured with respect to the operations of the named insured. Waiver of Subrogation for Workers Compensation policy applies in favor of certificate holder. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Economic Development Department Attn: Denise Bazant 2000 Main St„ 5th Floor Huntington Beach CA 92646 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPe ESENTATI_VE RetitAiinB&., t. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD HB -351-Item 18. - 147 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.00% of the California workers' compensation premium otherwise due on such remuneration, Schedule Person or Organization City of Huntington Beach Job Description City of Huntington Beach, Economic Development Dept Attn: Denise Bazant Huntington Beach, CA 92468 Re: Contract #1HCS0617. The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers All Operations of the Named Insured This endorsement changes the policy to which It is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 2017-02-01 Policy No. Endorsement No. Insured WC201700005078 Interval House Insurance Company Countersigned By New York Marine and General Insurance Company / 28746 WC 04 03 06 (Ed. 04-84) ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved, HB -352-Item 18. - 148 POLICY NUMBER: HHS8525626-10 COMMERCIAL GENERAL LIABILITY Berkley National Insurance Company CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Huntington Beach Economic Development Department Attn: Denise Bazant 2000 Main St., 5th Floor Huntington Beach CA 92646 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf; 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 HB -353-Item 18. - 149 , A CORO@ CERTIFICATE OF LIABILITY INSURANCE L—.------ DATE (MMTDOTYYYY) 03/08/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. .PRODUCER • STEVE DWIGHT SfateFarnq 4625 E ANAHEIM ST A LONG BEACH, CA 90804 MITACT PO BOX . NAmE: pHoNE IA/C. No, Ex ): 562 IA/C, Nol: -494-4494 1 rilx 562-597-6680 E-MARILESS: patty.driessen.isbe@statefarm.com AD D INSURER(S) AFFORDING COVERAGE NAIC I/ INSURER A :State Farm Mutual Automobile Insurance Company 25178 IN SURE) INTERVAL HOUSE PO BOX 3356 SEAL BEACH, CA 90740 INSURER B: INSURER C : INSURER 0: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSO_ SUBR WYO POLICY NUMBER POLICY EFF (MMIDDTYYY) POLICY EXP (ciroorerrel LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s CLAIMS-MADE I OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any ono person) S PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE s PRODUCTS. COMP/OP AGO $ S A X x, X X AUTOMOBILE LIABILITY ANY AUTO ALL aNNED HIRED AUTOS X SCHEDULED AUTOS NON-OWNED AUTOS 076-7305-007-75D 003-9955-F29-75I 292.2671-C19-75B 032-4308-C21-75I 03/07/2017 03 107/2018 Da MliLDI)SINGLE LIMITICENid S 1,000,0D0 BODILY INJURY (Per person) S BODILY NJURY (Per accident) S PROPERTY DAMAGE (Per accIdtint) S $ - UMBRELLA LIAO EXCESS LIAO - OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE s DEO 1 RETENT OHS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YI N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) IF yes, describe ender DESCRIPTION OF OPERATIONS below N/A PER STATUTE OTH- ER EL. EACH ACCIDENT S EL. DISEAS - EA EMPLOYEE $ EL. DISEASE. POLICY LIMIT S DESCRIPTION OF OPERATIONS) LOCATIONS / VEHICLES (ACORD 101, AddIllonal Remarks Schadu(e, may he attached if mom space is required) CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH ECONOMIC DEVELOPMENT DEPARTMENT ATTN: DENISE BAZANT 2000 MAIN ST 5TH FLOOR HUNTINGTON BEACH, CA 92646 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR! PRE T TIVE 0 1988-20141.CORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 HB -354-Item 18. - 150 Dept. ID ED 17-23 Page 1 of 2 Meeting Date: 8/21/2017 Statement of Issue: The City of Huntington Beach approved an Affordable Housing Agreement affecting the property located at 17362 Koledo Lane for loans received by Jamboree Housing Corporation in 2007. Jamboree Housing Corporation is currently in the process of refinancing their primary loan for the property and has requested subordination approval from the City and Housing Authority. Financial Impact: No fiscal impact. Housing Authority and City Council Recommended Action: A) Approve and authorize execution and recordation of “Subordination Agreement” (City) by the Mayor, City Manager and City Clerk; and, B) Approve and authorize execution and recordation of “Subordination Agreement” (Authority Loan) by the Authority Chairperson, Executive Officer and Clerk of the Housing Authority. Alternative Action(s): Do not approve subordinations. Analysis: On May 21, 2007, the Redevelopment Agency (now Housing Authority) and City Council approved and executed an Affordable Housing Agreement with Jamboree Housing Corporation (Jamboree). The Affordable Housing Agreement, Regulatory Agreement and Declaration of Covenants and Restrictions secured loans in the amount of $1,580,000 from HOME Investment Partnership Act and Agency Housing Set Aside funds for acquisition and rehabilitation of a five-unit apartment property located at 17362 Koledo Lane. On August 6, 2007, the City Council approved revised City and Agency Subordination Agreements that provided revised language requested by the lender. As part of the 2007 Affordable Housing Agreement, Jamboree was required to secure a first conventional loan in the approximate amount of $191,000. Jamboree is currently refinancing its first conventional loan and has requested that the City subordinate to its new first loan in the approximate amount of $175,293. Jamboree’s financial lender requires that its loan occupy first position on title. Pursuant to the Affordable Housing and Regulatory Agreements, subordinations CITY OF HUNTINGTON BEACH REQUEST FOR. HOUSING AUTHORITY/CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor/Chairperson and City Council Members/Commissioners SUBMITTED BY: Fred A. Wilson, City Manager/Executive Officer PREPARED BY: Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of City and Housing Authority Subordination Agreements with Jamboree Housing Corporation (JHC-Oakview LLC) and St. Joseph Health System for 17362 Koledo (Jamboree II) HB -355-Item 19. - 1 Dept. ID ED 17-23 Page 2 of 2 Meeting Date: 8/21/2017 are allowed with City approval. Jamboree’s project is in compliance with City agreements; therefore, Staff recommends approval of the City and Housing Authority Subordinations. Environmental Status: Not Applicable Strategic Plan Goal: Not Applicable Attachment(s): 1. City Subordination Agreement 2. Housing Authority Subordination Agreement HB -356-Item 19. - 2 WHEN RECORDED RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Office of Business Development APN: 165-232-01 Jamboree II 17362 Koledo Lane SUBORDINATION AGREEMENT [CITY LOAN] NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENTS. THIS SUBORDINATION AGREEMENT ("Agreement") is entered into this 25th day of August, 2017, by and among THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (the "City"); JHC-OAKVIEW, LLC, a California limited liability company ("Developer"); and ST. JOSEPH HEALTH SYSTEM, a California nonprofit public benefit corporation ("Lender"). RECITALS: A. Developer owns fee title to the real property described on Attachment No. "1" (the "Property") attached hereto and incorporated herein by reference. The City, the Redevelopment Agency of the City of Huntington Beach ("Agency"), and Developer have entered into that certain Affordable Housing Agreement dated as of May 21, 2007 (the "Housing Agreement"). Pursuant to the terms of the Housing Agreement, Developer has executed a Note in favor of the City in the amount of EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) ("City Loan") to assist Developer in the acquisition and rehabilitation of the Property as an affordable housing complex. The City Loan is to be secured by Subordinated Deed of Trust With Assignment of Rents With Rider Attached encumbering the Property and naming the City as Beneficiary (the "City Deed of Trust") recorded on August 13, 2007 in the Official Records of Orange County, California as Instrument No. 2007000502972. The Housing Agreement is hereby incorporated by reference as though fully set forth herein. All capitalized terms not defined herein shall have the meanings ascribed to them in the Housing Agreement. B. The City formed the Agency to continuously engage in redevelopment activities under the Community Redevelopment Law (California Health and Safety Code Sections 33000 et seq.) By enactment of Part 1.85 of Division 24 of the Health and Safety Code, the Agency was dissolved on February 1, 2012, such that the Agency was deemed a former Redevelopment Agency under Health and Safety Code Section 34173(a). C. Pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City Council of the City of Huntington Beach adopted Resolution No. 2012-02, subject to all reservations therein stated, designating the Authority to receive a transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously 59634188.5 1 HB -357-Item 19. - 3 performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to application provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418. D. City, Agency and Developer also entered into that certain Regulatory Agreement and Declaration of Covenants and Restrictions recorded against the Property ("Regulatory Agreement") on August 13, 2007, in the Official Records of Orange County, California as Instrument No. 2007000502970, which Regulatory Agreement contains, among other terms, certain use restrictions affecting the Property. E. Developer has obtained a loan from Lender in the amount of ONE HUNDRED SEVENTY FIVE THOUSAND TWO HUNDRED NINETY THREE DOLLARS AND NO/100S ($175,293.00) (the "Lender Loan"). The Lender Loan is secured by that certain Deed of Trust with Fixture Filing, Assignment of Leases and Rents and Security Agreement, dated as of August 25, 2017 (the "Lender Deed of Trust"). In addition to the Lender Deed of Trust, Developer has executed a Loan Agreement, dated as of August 25, 2017 (the "Lender Loan Agreement"), and Promissory Note, dated as of August 25, 2017 (the "Lender Promissory Note") and the other instruments and documents executed or to be executed in connection with the Lender Loan, as such instruments and documents may be modified, amended, extended, supplemented, restated or replaced from time to time (together with the Lender Deed of Trust, the Lender Loan Agreement, and the Lender Promissory Note, collectively, the "Lender Loan Documents"). F. Lender is willing to make the Lender Loan provided the Lender Deed of Trust is a lien or charge upon the Property prior and superior to the lien or charge of the City Deed of Trust and the Regulatory Agreement, and provided that the City will subordinate the lien or charge of the City Deed of Trust and the Regulatory Agreement to the lien or charge of the Lender Deed of Trust. G. It is to the mutual benefit of the Lender, City, and Developer that the Lender make the Lender Loan to Developer, and the City has agreed that the Lender Deed of Trust shall, when recorded, constitute a lien or charge upon the Property which is prior and superior to the lien or charge of the City Deed of Trust and the Regulatory Agreement, subject to and conditioned upon the specific terms and provisions of this Subordination Agreement. NOW, THEREFORE, in consideration of the mutual benefits accruing to the City, Lender and Developer, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to induce the Lender to make the Lender Loan, it is hereby declared, understood and agreed as follows: 1. Subordination by City 1.1 Subordination of City Deed of Trust and the Regulatory Agreement to Lender Deed of Trust. The Lender Deed of Trust (and any renewals or extensions of, or advances, including interest, thereunder, except amendments which increase the loan amount) shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to (i) the lien or charge of (a) the City Deed of Trust, (b) the Regulatory Agreement, (e) Section 2.5 of the Housing Agreement and (d) all options, rights of first refusal, rights of reverter and termination and construction obligations set forth in the Housing Agreement, (ii) all present and future indebtedness and obligations secured thereby, and (iii) all rights and privileges of City 59634188.5 2 HB -358-Item 19. - 4 thereunder, provided that the indebtedness secured by the Lender Deed of Trust does not exceed ONE HUNDRED SEVENTY FIVE THOUSAND TWO HUNDRED NINETY THREE DOLLARS AND NO/100S ($175,293.00), plus all interest accruing thereon and all costs and expenses, including attorneys' fees, of collection thereof, whether the same accrues or is incurred before or after the commencement of any bankruptcy case by or against Borrower. If Developer chooses to refinance the Lender Loan, City must receive notice of and provide consent to such refinance. Upon notice and consent, City agrees to subordinate the City Deed of Trust and the Regulatory Agreement to the refinancing Lender's Deed of Trust under the same terms and conditions as set forth in this Agreement, on the condition that the amount of the new loan is no greater than the original principal balance of the Lender Loan. 1.2 Covenants and Acknowledgements of City. The City hereby declares, agrees and acknowledges that: (a) The City consents to Developer obtaining the Lender Loan. (b) The City consents to all provisions of the Lender Loan Documents. (c) To City's actual knowledge, there is no breach, event of default or default existing under the City Deed of Trust or the Regulatory Agreement, or any circumstances, event, omission or failure of condition which would constitute such a breach, default or event of default after notice or lapse of time, or both. (d) The City is the legal and beneficial owner of the entire City Loan free and clear of any lien, security interest, option or other charge or encumbrance. (e) To the City's knowledge, there are no conditions precedent to the effectiveness of this Agreement that have not been satisfied or waived. (f) The City has full power to execute, deliver, and perform this Agreement and consummate the transactions contemplated hereby. (g) All actions necessary to authorize the execution, delivery, and performance of this Agreement on behalf of the City have been duly taken, and all such actions continue in full force and effect as of the date of this Agreement. (h) To the City's knowledge, no consent of any other person and no consent, license, approval, or authorization of, or exemption by, or registration or declaration or filing with, any governmental authority, bureau or agency is required in connection with the execution, delivery or performance by the City of this Agreement or consummation by the City of the transactions contemplated by this Agreement. 2. Reliance by Lender and City. The Lender would not make the Lender Loan and the City would not have agreed to subordinate the City Deed of Trust and the Regulatory Agreement without this Subordination Agreement and each of the undersigned understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for such reliance upon this waiver, relinquishment and subordination. 3. Notice to City. In the event of a breach or default by Developer under the terms of the Lender Deed of Trust, Lender shall provide the City with written notice of such breach or default concurrently with providing such notice to Developer. Upon receipt of such notice of 3 59634188.5 HB -359-Item 19. - 5 breach or default, the parties hereto agree that City shall have each of the following rights so long as either the Regulatory Agreement or the City Deed of Trust encumbers any portion of the Property or interest therein: (a) To cure the noticed default at any time prior to the foreclosure of the Lender Deed of Trust. In connection therewith, the Lender agrees that (i) in the event of a monetary default, the Lender shall not foreclose Lender Deed of Trust or other lien prior to the date that is thirty (30) days after the date that the Lender would otherwise be legally entitled to foreclose Lender Deed of Trust and (ii) in the event of a nonmonetary default, the Lender shall not foreclose its Lender Deed of Trust or other lien prior to the date that is one hundred twenty (120) days after the date that the Lender would otherwise be legally entitled to foreclose the Lender Deed of Trust. (b) To negotiate with the Lender in good faith for a period not to exceed thirty (30) days regarding the noticed default at any time prior to the foreclosure of the Lender Deed of Trust or other lien (without any party having an obligation to continue or enter into any final agreement). (c) To negotiate with the Developer in good faith for a period not to exceed thirty (30) days to purchase the Property from the Developer, subject to the Lender Deed of Trust and without the consent of the holder of the Lender Deed of Trust (without any party having an obligation to continue or enter into any final agreement). The Lender agrees that the exercise of any of the rights set forth in this Section by City shall not give rise to any right on the part of the Lender to exercise any right to accelerate the amounts due under the Lender Loan. 3.1 Foreclosure of City Deed of Trust. The Lender hereby agrees that in the event that City forecloses the City Deed of Trust, said foreclosure shall not, in and of itself, give rise to any right on the part of the Lender to accelerate the amounts due on the Lender Loan. 3.2 Disbursements. Lender, in making disbursements of the proceeds of the Lender Loan, is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom disbursements thereof are made and any application or use of such proceeds for purposes other than those provided in the documents evidencing and securing the Lender Loan shall not defeat the subordination herein made in whole or in part. 4. Transfer of Subordinated Loans or Lender Loan. 4.1 Lender may, from time to time, in its sole discretion, Transfer all or any of the Lender Loan or any interest therein, and notwithstanding any such Transfer or subsequent Transfer, the Lender Loan and the Lender Loan Documents will be and remain a senior obligation in the respects set forth in this Agreement to the City Deed of Trust and the Regulatory Agreement in accordance with the terms and provisions of this Agreement. Any permitted direct transferee must assume in writing the obligations of Lender under this Agreement and agree to be bound by the terms and provisions of this Agreement. Such proposed permitted direct transferee will also remake each of the representations and warranties contained herein for the benefit of Lender. "Transfer" means any assignment, pledge, conveyance, sale, transfer, mortgage, encumbrance, grant of a security interest, issuance of a participation interest, 59634188.5 4 HB -360-Item 19. - 6 or other disposition, either directly or indirectly, by operation of law or otherwise. Lender shall provide notice to City of any proposed Transfer. 5. Miscellaneous 5.1 Entire Agreement. This Subordination Agreement shall be the whole and only agreement with regard to the matters set forth herein and shall supersede and cancel, but only insofar as would affect the priority between the Lender Deed of Trust on the one hand, and the City Deed of Trust and the Regulatory Agreement on the other hand, any prior agreement as to such subordination including, but not limited to, those provisions, if any contained in the City Deed of Trust and the Regulatory Agreement, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages, upon the Property. 5.2 Successors and Assigns. This Subordination Agreement shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties hereto. 5.3 California Law. This Subordination Agreement shall be construed according to the internal laws of the State of California. 5.4 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 5.5 Notice. Any notice, demand, request, consent, approval or communication that any party desires or is required to give to another party or any other person must be in writing and may be given by (i) personal delivery, (ii) by courier service that provides a receipt showing date and time of delivery, or (iii) by registered or certified mail, return receipt requested, postage prepaid. Notices shall be directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery or courier service, or if by mail the earlier or (x) actual receipt or (y) forth-eight (48) hours after deposit in the United States mail. If to City: If to Developer: If to Lender: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: City Manager JHC-Oakview, LLC do Jamboree Housing Corporation 17701 Cowan #200 Irvine, CA 92614 Attention: Jose Sanchez St. Joseph Health System 3345 Michelson Drive, Ste. 100 Irvine, CA 92612 Attention: Treasury Department 59634188.5 5 HB -361-Item 19. - 7 With a copy to: James D. Watson, Esq. Vice President and Deputy General Counsel St Joseph Health System 3345 Michelson Drive, Ste. 100 Irvine, CA 92612 And a copy to: Polsinelli LLP 2049 Century Park East, Suite 2900 Los Angeles, CA 90067 Attention: Tim Reimers 5.6 Attorney's Fees. In the event that any action, suit or other proceeding is brought to enforce the obligations of under this Agreement, each party shall bear its own costs and expenses of suit, including attorneys' fees, expert witness fees and all costs incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom. 5.7 Counterparts. This Subordination Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENTS. 59634188.5 6 HB -362-Item 19. - 8 "DEVELOPER" "CITY" JHC-OAKVrEw, LLC, a California limited liability company By: Jamboree Housing Corporation, a California nonprofit corporation, Its: Managing Member By: VI Name: 'Vise L. Sanchez Its: Vice President, Asset Management CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney mm "LENDER" ST. JOSEPH HEALTH SYSTEM, a California nonprofit public benefit corporation By: Name: Its: INITIATED AND APPROVED: Deputy Director of Business Development REVIEWED AND APPROVED: City Manager COUNTERPART 59634188 7 HB -363-Item 19. - 9 ) ) ) S S. LARISSA MEDELLIN Notary Public - California _ °rang, County Commission # 2t53187 My Comm. Expires Jun 11,2020t NOTARY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of IX/Mille On 81 1 ri ii , before me, Lavislok 4ede4 (rii,i'd 617413 Pkt2 if * C-- > (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared J occ L. c4-ift afk-P---- [NAME(S) OF SIGNER(S)) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signafure Of Notary Public A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ) SS. County of ) On , before me, (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared [NAME(S) OF SIGNER(S)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certi -fy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public 59634188 HB -364-Item 19. - 10 "DEVELOPER" "CITY" JHC-OAKVIEW, LLC, a California limited liability company By: Jamboree Housing Corporation, a California nonprofit corporation, Its: Managing Member CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Mayor By: ATTEST: Name: Its: City Clerk APPROVED AS TO FORM: City Attorney mite "LENDER" ST. JOSEPH HEALTH SYSTEM, a California nonprofit public benefit corporation _ By: ,jL _ Name: L- c,/-) h-) Lif Its: INITIATED AND APPROVED: Deputy Director of Business Development REVIEWED AND APPROVED: City Manager COUNTERPART 59634188 7 HB -365-Item 19. - 11 • .1.- 1.4P olkt , ... ...• , •• • •• 40 S OP iii 0 "...II_ 11% n % .6., 44 ....47.7. A Notary Public or other officer completing this certificate verifies only tl dlitetinitYitifteckelividual. who f signed the document to which this certificate is attached, and not the trirthfulneWMaacy or validity o that document. On I , before me, sia....K.R Lr) , (Date) Name and Title of Officer (e.g., "Jane Doe, Not Public") personally appeared 1,-2A rtk, [NAME(S) OF SIGNER(S)} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he6ritte hey executed the same in his/her/their authorized capacity(ies), and that by hiltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1/DaSk-) nth I certify under PENALTY' OF PERJURY under the laws of the State of.efrlifernia t the foregoing 11` .....‘wA1111 1 ,1 O. M. Ot iiisi: _ oc st. osiok I paragraph is true and correct S my hand "fare of Notary Public official syal, NOTARY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of Caiifurnia- t..k.)0_.SLLAAA46-1,t_.) ) ) ) SS. County of State of California ) ) SS. County of ) On , before me, (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared [NAME(S) OF SIGNER(S)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to rue that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature of Notary Public 59694188 HB -366-Item 19. - 12 INITIATED AND ApPROVEO: Deputy Director of Bus, ss Development "DEVELOPER" "CITY" JHC-OAKVIEW, LLC, a California limited liability company By: Jamboree Housing Corporation, a California nonprofit corporation, Its: Managing Member CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Mayor By: ATTEST: Name: Its: City Clerk "LENDER" ST. JOSEPH HEALTH SYSTEM, a California nonprofit public benefit corporation By: Name: Its: irk> APPRpVEDAS fji, TrAl••n•:Tni.: ....twit/ REVIEWED AND APPROVED: City Manager COIINTER.PART 59634188 7 HB -367-Item 19. - 13 ) ) ) SS. NOTARY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of On , before me, (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared [NAME(S) OF SIGNER(S)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of before me, (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared [NAME(S) OF SIGNER(S)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public ) ) ) SS. 59634188 HB -368-Item 19. - 14 ATTACHMENT 1 LEGAL DESCRIPTION OF SITE Legal Description of Property Commonly Known As 17362 Koledo Lane Huntington Beach, California 92647 PARCEL 1: LOT 36 OF TRACT NO. 4301, AS SHOWN ON A MAP RECORDED IN BOOK 177, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE EASTERLY ONE-HALF OF KOLEDO LANE, 60.00 FEET WIDE, AS SHOWN ON THE MAP OF SAID TRACT NO. 4301, AS ABANDONED BY THAT CERTAIN RESOLUTION NO. 5363 OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 15, 1984 AS INSTRUMENT NO. 84-065494 OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING BOUNDED ON THE SOUTH BY THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 43, AND ON THE NORTH BY THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT. EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER AND/OR THAT MAY BE PRODUCED BELOW A DEPTH OF 150 FEET FROM THE SURFACE OF SAID PROPERTY, OR ANY PART THEREOF, AS RESERVED IN THE DEED FROM JOSEPH V. MADDEN AND WIFE, TO JOSEPH GERALD MABEY AND OTHERS, DATED OCTOBER 13, 1950, RECORDED NOVEMBER 13, 1950 IN BOOK 2100, PAGE 411 OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WHICH DEED FURTHER PROVIDES THAT SUCH RESERVATIONS SHALL NOT ENTITLE THE SAID GRANTORS, THEIR HEIRS AND ASSIGNS, TO ANY USE OF, OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID PROPERTY TO A DEPTH OF 150 FEET BELOW THE SURFACE THEREOF. ALSO EXCEPTING THEREFROM ALL UNDERGROUND WATERS LYING BENEATH THE REAL PROPERTY DESCRIBED HEREIN BUT WITHOUT THE RIGHT OF ENTRY TO THE SURFACE OF SAID LAND, OR THE TOP 500 FEET THEREOF, FOR THE PURPOSE OF PRODUCING WATER AS SET FORTH IN DEED TO CITY OF HUNTINGTON BEACH RECORDED APRIL 17, 1963 AS INSTRUMENT NO. 15490, BOOK 6511, PAGE 679 OFFICIAL RECORDS. PARCEL 2: SUCH EASEMENTS FOR OWNERS AS ESTABLISHED PURSUANT TO THE DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS FOR KOLEDO LANE PROPERTY OWNER'S ASSOCIATION RECORDED JANUARY 6, 1987 AS INSTRUMENT NO. 87-005676 OF OFFICIAL RECORDS. APN(s): 165-232-01 59634188 HB -369-Item 19. - 15 WHEN RECORDED RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Office of Business Development APN: 165-232-01 Jamboree II 17362 Koledo Lane SUBORDINATION AGREEMENT [AUTHORITY LOAN] NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENTS. THIS SUBORDINATION AGREEMENT ("Agreement") is entered into this 25th day of August, 2017, by and among HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a public agency, corporate and politic (the "Authority"); JHC-OAKVIEW, LLC, a California limited liability company ("Developer"); and ST. JOSEPH HEALTH SYSTEM, a California nonprofit public benefit corporation ("Lender"). RECITALS: A. The City of Huntington Beach formed the Huntington Beach Redevelopment Agency (the "Agency") that continuously engaged in redevelopment activities under the Community Redevelopment Law (California Health and Safety Code Sections 33000 et seq.) By enactment of Part 1.85 of Division 24 of the Health and Safety Code, the Agency was dissolved on February 1, 2012, such that the Agency was deemed a former Redevelopment Agency under Health and Safety Code Section 34173(a). B. Pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City Council of the City of Huntington Beach adopted Resolution No. 2012-02, subject to all reservations therein stated, designating the Authority to receive a transfer of without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Agency, including enforcement of affordability covenants and performance of related activities pursuant to application provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418. C. Developer owns fee title to the real property described on Attachment No. "1" (the "Property") attached hereto and incorporated herein by reference. The Agency, the City of Huntington Beach ("City"), and Developer have entered into that certain Affordable Housing Agreement dated as of May 21, 2007 (the "Housing Agreement"). Pursuant to the terms of the Housing Agreement, Developer has executed a Note in favor of the Authority in the amount of SEVEN HUNDRED EIGHTY THOUSAND DOLLARS ($780,000.00) ("Agency Loan") to assist Developer in the acquisition and rehabilitation of the Property as an affordable housing complex. The Agency Loan is secured by Subordinated Deed of Trust With Assignment of Rents 59634179.5 1 HB -370-Item 19. - 16 With Rider Attached encumbering the Property and naming the Agency as Beneficiary (the "Agency Deed of Trust") recorded on August 13, 2007 in the Official Records of Orange County, California as Instrument No. 2007000502973. The Housing Agreement is hereby incorporated by reference as though fully set forth herein. All capitalized terms not defined herein shall have the meanings ascribed to them in the Housing Agreement. D. City, Agency and Developer also entered into that certain Regulatory Agreement and Declaration of Covenants and Restrictions recorded against the Property ("Regulatory Agreement") on August 13, 2007, in the Official Records of Orange County, California as Instrument No. 2007000502970, which Regulatory Agreement contains, among other terms, certain use restrictions affecting the Property. E. The Authority has succeeded to, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency, including enforcement of Agency Deed of Trust and the Regulatory Agreement. F. Developer has obtained a loan from Lender in the amount of ONE HUNDRED SEVENTY FIVE THOUSAND TWO HUNDRED NINETY THREE DOLLARS AND NO/100S ($175,293.00) (the "Lender Loan"). The Lender Loan is secured by that certain Deed of Trust with Fixture Filing, Assignment of Leases and Rents and Security Agreement, dated as of August 25, 2017 (the "Lender Deed of Trust"). In addition to the Lender Deed of Trust, Developer has executed a Loan Agreement, dated as of August 25, 2017 (the "Lender Loan Agreement"), and Promissory Note, dated as of August 25, 2017 (the "Lender Promissory Note") and the other instruments and documents executed or to be executed in connection with the Lender Loan, as such instruments and documents may be modified, amended, extended, supplemented, restated or replaced from time to time (together with the Lender Deed of Trust, the Lender Loan Agreement, and the Lender Promissory Note, collectively, the "Lender Loan Documents"). G. Lender is willing to make the Lender Loan provided the Lender Deed of Trust is a lien or charge upon the Property prior and superior to the lien or charge of the Agency Deed of Trust and the Regulatory Agreement, and provided that the Authority will subordinate the lien or charge of the Agency Deed of Trust and the Regulatory Agreement to the lien or charge of the Lender Deed of Trust. H. It is to the mutual benefit of the Lender, Authority, and Developer that the Lender make the Lender Loan to Developer, and the Authority has agreed that the Lender Deed of Trust shall, when recorded, constitute a lien or charge upon the Property which is prior and superior to the lien or charge of the Agency Deed of Trust and the Regulatory Agreement, subject to and conditioned upon the specific terms and provisions of this Subordination Agreement. NOW, THEREFORE, in consideration of the mutual benefits accruing to the Authority, Lender and Developer, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to induce the Lender to make the Lender Loan, it is hereby declared, understood and agreed as follows: I. Subordination by Authority 1.1 Subordination of Agency Deed of Trust and the Regulatory Agreement to Lender Deed of Trust. The Lender Deed of Trust (and any renewals or extensions of, or advances, including interest, thereunder, except amendments which increase the loan amount) shall 59634179.5 2 HB -371-Item 19. - 17 unconditionally be and remain at all times a lien or charge on the Property, prior and superior to (1) the lien or charge of (a) the Agency Deed of Trust, (b) the Regulatory Agreement, (c) Section 2.5 of the Housing Agreement and (d) all options, rights of first refusal, rights of reverter and termination and construction obligations set forth in the Housing Agreement, (ii) all present and future indebtedness and obligations secured thereby, and (iii) all rights and privileges of Authority thereunder, provided that the indebtedness secured by the Lender Deed of Trust does not exceed ONE HUNDRED SEVENTY FIVE THOUSAND TWO HUNDRED NINETY THREE DOLLARS AND NO/100S ($175,293.00), plus all interest accruing thereon and all costs and expenses, including attorneys' fees, of collection thereof, whether the same accrues or is incurred before or after the commencement of any bankruptcy case by or against Borrower. If Developer chooses to refinance the Lender Loan, Authority must receive notice of and provide consent to such refinance. Upon notice and consent, Authority agrees to subordinate the Agency Deed of Trust and the Regulatory Agreement to the refinancing Lender's Deed of Trust under the same terms and conditions as set forth in this Agreement, on the condition that the amount of the new loan is no greater than the original principal balance of the Lender Loan. 1.2 Covenants and Acknowledgements of Authority. The Authority declares, agrees and acknowledges that: (a) The Authority consents to Developer obtaining the Lender Loan. (b) The Authority consents all provisions of the Lender Loan Documents. (c) To Authority's actual knowledge, there is no breach, event of default or default existing under the Agency Deed of Trust or the Regulatory Agreement, or any circumstances, event, omission or failure of condition which would constitute such a breach, default or event of default after notice or lapse of time, or both, (d) The Authority is the legal and beneficial owner of the Agency Loans in their entirety free and clear of any lien, security interest, option or other charge or encumbrance. (e) To the Authority's knowledge, there are no conditions precedent to the effectiveness of this Agreement that have not been satisfied or waived. The Authority has full power to execute, deliver, and perform this Agreement and consummate the transactions contemplated hereby. (g) All actions necessary to authorize the execution, delivery, and performance of this Agreement on behalf of the Authority have been duly taken, and all such actions continue in full force and effect as of the date of this Agreement. (h) To the Authority's knowledge, no consent of any other person and no consent, license, approval, or authorization of, or exemption by, or registration or declaration or filing with, any governmental authority, bureau or agency is required in connection with the execution, delivery or performance by the Authority of this Agreement or consummation by the Authority of the transactions contemplated by this Agreement. 2. Reliance by Lender and Authority. The Lender would not make the Lender Loan and the Authority would not have agreed to subordinate the Agency Deed of Trust and the Regulatory Agreement without this Subordination Agreement and each of the undersigned understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be made and, as part and parcel 3 59634179,5 HB -372-Item 19. - 18 thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for such reliance upon this waiver, relinquishment and subordination. 3. Notice to Authority. In the event of a breach or default by Developer under the terms of the Lender Deed of Trust, Lender shall provide the Authority with written notice of such breach or default concurrently with providing such notice to Developer. Upon receipt of such notice of breach or default, the parties hereto agree that Authority shall have each of the following rights so long as either the Regulatory Agreement or the Agency Deed of Trust encumbers any portion of the Property or interest therein: (a) To cure the noticed default at any time prior to the foreclosure of the Lender Deed of Trust. In connection therewith, the Lender agrees that (i) in the event of a monetary default, the Lender shall not foreclose Lender Deed of Trust or other lien prior to the date that is thirty (30) days after the date that the Lender would otherwise be legally entitled to foreclose Lender Deed of Trust and (ii) in the event of a nonmonetary default, the Lender shall not foreclose its Lender Deed of Trust or other lien prior to the date that is one hundred twenty (120) days after the date that the Lender would otherwise be legally entitled to foreclose the Lender Deed of Trust. (b) To negotiate with the Lender in good faith for a period not to exceed thirty (30) days regarding the noticed default at any time prior to the foreclosure of the Lender Deed of Trust or other lien (without any party having an obligation to continue or enter into any final agreement). (c) To negotiate with the Developer in good faith for a period not to exceed thirty (30) days to purchase the Property from the Developer, subject to the Lender Deed of Trust and without the consent of the holder of the Lender Deed of Trust (without any party having an obligation to continue or enter into any final agreement). The Lender agrees that the exercise of any of the rights set forth in this Section by Authority shall not give rise to any right on the part of the Lender to exercise any right to accelerate the amounts due under the Lender Loan. 3.1 Foreclosure of Agency Deed of Trust. The Lender hereby agrees that in the event that Authority forecloses the Agency Deed of Trust, said foreclosure shall not, in and of itself, give rise to any right on the part of the Lender to accelerate the amounts due on the Lender Loan. 3.2 Disbursements. Lender, in making disbursements of the proceeds of the Lender Loan, is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom disbursements thereof are made and any application or use of such proceeds for purposes other than those provided in the documents evidencing and securing the Lender Loan shall not defeat the subordination herein made in whole or in part. 4. Transfer of Subordinated Loans or Lender Loan. 4.1 Lender may, from time to time, in its sole discretion, Transfer all or any of the Lender Loan or any interest therein, and notwithstanding any such Transfer or subsequent Transfer, the Lender Loan and the Lender Loan Documents will be and remain a senior obligation in the respects set forth in this Agreement to the Agency Deed of Trust and the Regulatory Agreement in accordance with the terms and provisions of this Agreement. Any 59634179.5 4 HB -373-Item 19. - 19 permitted direct transferee must assume in writing the obligations of Lender under this Agreement and agree to be bound by the terms and provisions of this Agreement. Such proposed permitted direct transferee will also remake each of the representations and warranties contained herein for the benefit of Lender. "Transfer" means any assignment, pledge, conveyance, sale, transfer, mortgage, encumbrance, grant of a security interest, issuance of a participation interest, or other disposition, either directly or indirectly, by operation of law or otherwise. Lender shall provide notice to the Authority of any proposed Transfer. 5. Miscellaneous 5.1 Entire Agreement. This Subordination Agreement shall be the whole and only agreement with regard to the matters set forth herein and shall supersede and cancel, but only insofar as would affect the priority between the Lender Deed of Trust on the one hand, and the Agency Deed of Trust and the Regulatory Agreement on the other hand, any prior agreement as to such subordination including, but not limited to, those provisions, if any contained in the Agency Deed of Trust and the Regulatory Agreement, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages, upon the Property. 5.2 Successors and Assigns. This Subordination Agreement shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties hereto. 5.3 California Law. This Subordination Agreement shall be construed according to the internal laws of the State of California. 5.4 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 5.5 Notice. Any notice, demand, request, consent, approval or communication that any party desires or is required to give to another party or any other person must be in writing and may be given by (i) personal delivery, (ii) by courier service that provides a receipt showing date and time of delivery, or (iii) by registered or certified mail, return receipt requested, postage prepaid. Notices shall be directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery or courier service, or if by mail the earlier or (x) actual receipt or (y) forth-eight (48) hours after deposit in the United States mail. If to Authority: Housing Authority of the City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Executive Director If to Developer: JHC-Oakview, LLC do Jamboree Housing Corporation 17701 Cowan #200 59634179.5 5 HB -374-Item 19. - 20 Irvine, CA 92614 Attention: Jose Sanchez If to Lender: St. Joseph Health System 3345 Michelson Drive, Ste. 100 Irvine, CA 92612 Attention: Treasury Department With a copy to: James D. Watson, Esq. Vice President and Deputy General Counsel St Joseph Health System 3345 Michelson Drive, Ste. 100 Irvine, CA 92612 And a copy to: Polsinelli LLP 2049 Century Park East, Suite 2900 Los Angeles, CA 90067 Attention: Tim Reimers 5.6 Attorney's Fees. In the event that any action, suit or other proceeding is brought to enforce the obligations of under this Agreement, each party shall bear its own costs and expenses of suit, including attorneys' fees, expert witness fees and all costs incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom. 5.7 Counterparts. This Subordination Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENTS. 59634179.5 6 HB -375-Item 19. - 21 By:_._1 Name:_l_ L. Sanchez Its: Vice P esident, Asset Management "DEVELOPER" "AUTHORITY" JHC-OAKVIEW, LLC, a California limited liability company By: Jamboree Housing Corporation, a California nonprofit corporation, Its: Managing Member HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic Chairperson Authority Clerk APPROVED AS TO FORM: Authority General Counsel ow "LENDER" ST. JOSEPH HEALTH SYSTEM, a California nonprofit public benefit corporation By: Name: Its: INITIATED AND APPROVED: Deputy Executive Director REVIEWED AND APPROVED: Executive Director COUNTERPART 59634179 7 HB -376-Item 19. - 22 ) ) ) SS. LARISSA MEDELLIN Notary Public - California Orange County zz Commission # 2113187 \1119 144.4pirowirgrumpi ires Jun fl 2020 NOTARY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of Orettn) 1 1 , before me, Larl-Cso fri€61 .6 11 1r), OR Rd, (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared n Scs-e. L.caoaft-e- [NAME(S) OF SIGNER(S)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaeity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entit y upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign ture of Notary Pirblic A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ) S S. County of ) On , before me, (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared [NAME(S) OF SIGNER(S)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public 59634179 HB -377-Item 19. - 23 "DEVELOPER" "AUTHORITY" JHC-OAKVIEW, LLC, a California limited liability company By: Jamboree Housing Corporation, a California nonprofit corporation, Its: Managing Member By: Name: Its: "LENDER" ST. JOSEPH HEALTH SYSTEM, a California nonprofit public benefit corporation By: _A; ),%2 Name: E.- / )9,-) , A.- Its: (?,n //IL -J 17-11-1, r (7/, HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic Chairperson Authority Clerk APPROVED AS TO FORM: Authority General Counsel, INITIATED AND APPROVED: Deputy Executive Director REVIEWED AND APPROVED: Executive Director C UNTERP: 59634179 7 HB -378-Item 19. - 24 State of ealifornia- County of ) ) ) S S. WITNAS my hand and official e of Notary Public gualY eel, NOTARY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. On g , before meUA-0- kt 444,1,"-Po dje (Date) Name an. Title of Officer (e.g., "Jane Doe, Noialry Public") personally appeared 11M MK! . . &, [NAME(S) OF SIGNER(S)] who proved to me on. the basis of satisfactory evidence to be the person(s) whose name(s)are subscribed to the within instrument and acknowledmd to me that liK)they executed the same in higQitheir authorized capacity(ies), and that by hi. their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of .C-filtTefeitaLthat the foregoing paragraph is true and correct. 4... oat WI. 04 &ir il "*"--... 0.4 4 .ti 1 '.0 1; ..n i ... • ... .... ./ #. n ,,,,:".A.7,A1.444).111 69 1:i‘C:telikS 1 i. _ A Notary Public or other officer completing this certificate verifies only the rde9114,girthewitbl_diftil who signed the document to which this certificate is attached, and not the truthfuln Lk leig&qrzeralidity of that document. State of California ) ) ) SS. County of On , before me, (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared [NAME(S) OF SIGNER(S)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public 59634179 HB -379-Item 19. - 25 "DEVELOPER" "AUTHORITY" HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic JHC-OAKVIEW, LLC, a California limited liability company By: Jamboree Housing Corporation, a California nonprofit corporation, Its: Managing Member By: Name: Its: Chairperson Authority Clerk AP OYED AS) TO-FQRM: yry Authority General Counselmv "LENDER" ST. JOSEPH HEALTH SYSTEM, a California nonprofit public benefit corporation By: Name: Its: f Deputy Exogutive Director REVIEWED AND APPROVED: Executive Director COUNTERPART 59634179 7 HB -380-Item 19. - 26 ) ) ) SS. NOTARY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ) SS. County of ) On before me, (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared [NAME(S) OF SIGNER(S)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of On before me, (Date) Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared [NAME(S) OF SIGNER(S)] who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public 59634179 HB -381-Item 19. - 27 ATTACHMENT 1 LEGAL DESCRIPTION OF SITE Legal Description of Property Commonly Known As 17362 Koledo Lane Huntington Beach, California 92647 PARCEL 1: LOT 36 OF TRACT NO. 4301, AS SHOWN ON A MAP RECORDED IN BOOK 177, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE EASTERLY ONE-HALF OF KOLEDO LANE, 60.00 FEET WIDE, AS SHOWN ON THE MAP OF SAID TRACT NO. 4301, AS ABANDONED BY THAT CERTAIN RESOLUTION NO. 5363 OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 15, 1984 AS INSTRUMENT NO. 84-065494 OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING BOUNDED ON THE SOUTH BY THE WESTERLY PROLONGATION OF THE SOUTHERLY LLNE OF SAID LOT 43, AND ON THE NORTH BY THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT. EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER AND/OR THAT MAY BE PRODUCED BELOW A DEPTH OF 150 FEET FROM THE SURFACE OF SAID PROPERTY, OR ANY PART THEREOF, AS RESERVED IN THE DEED FROM JOSEPH V. MADDEN AND WIFE, TO JOSEPH GERALD MABEY AND OTHERS, DATED OCTOBER 13, 1950, RECORDED NOVEMBER 13, 1950 IN BOOK 2100, PAGE 411 OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WHICH DEED FURTHER PROVIDES THAT SUCH RESERVATIONS SHALL NOT ENTITLE THE SAID GRANTORS, THEIR HEIRS AND ASSIGNS, TO ANY USE OF, OR RIGHTS IN OR TO ANY PORTION OF THE SURFACE OF SAID PROPERTY TO A DEPTH OF 150 FEET BELOW THE SURFACE THEREOF. ALSO EXCEPTING THEREFROM ALL UNDERGROUND WATERS LYING BENEATH THE REAL PROPERTY DESCRIBED HEREIN BUT WITHOUT THE RIGHT OF ENTRY TO THE SURFACE OF SAID LAND, OR THE TOP 500 FEET THEREOF, FOR THE PURPOSE OF PRODUCING WATER AS SET FORTH IN DEED TO CITY OF HUNTINGTON BEACH RECORDED APRIL 17, 1963 AS INSTRUMENT NO. 15490, BOOK 6511, PAGE 679 OFFICIAL RECORDS. PARCEL 2: SUCH EASEMENTS FOR OWNERS AS ESTABLISHED PURSUANT TO THE DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS FOR KOLEDO LANE PROPERTY OWNER'S ASSOCIATION RECORDED JANUARY 6, 1987 AS INSTRUMENT NO. 87-005676 OF OFFICIAL RECORDS. APN(s): 165-232-01 59634179 HB -382-Item 19. - 28 Dept. ID CD Page 1 of 3 Meeting Date: 8/7/2017 Statement of Issue: Transmitted for City Council consideration is Zoning Text Amendment (ZTA) No. 17-003, a City initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.96 (Wireless Communication Facilities) to revise the current review process by establishing a Wireless Permit approval process for Small Cell Sites that comply with City design standards. The Planning Commission and Staff recommend approval of ZTA No. 17-003. Financial Impact: Not applicable. Planning Commission and Staff Recommended Action: A) Find the proposed project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act; and, B) Approve Zoning Text Amendment (ZTA) No. 17-003 with findings for approval (Attachment No. 1) and approve for introduction Ordinance No. 4136, “An Ordinance of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Wireless Communication Facilities Zoning Text Amendment (ZTA) No. 17-003” (Attachment No. 2) Alternative Action(s): The City Council may make the following alternative motion(s): A. Deny Zoning Text Amendment No. 17-003 with findings for denial. B. Continue Zoning Text Amendment No. 17-003 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/7/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development SUBJECT: Approve for introduction Ordinance No. 4136 amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) relating to Wireless Communication Facilities (Small Cell Sites), Zoning Text Amendment (ZTA) No. 17-003 Approved 7-0 as amended by Supplemental Communication HB -383-Item 20. - 1 Dept. ID CD Page 2 of 3 Meeting Date: 8/7/2017 Location: Citywide Zoning Text Amendment No.17-003 is a City initiated request to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.96 (Wireless Communication Facilities) to revise the current review process by establishing a Wireless Permit approval process for Small Cell Sites that comply with City design standards. Small Cell Sites are utilized by telecommunications companies and wireless carriers to increase existing network capacity. These devices include antennas and equipment that provide connections to a mobile telecommunication system, such as WiFi and data networks. Small Cell Sites are typically integrated into the design of existing light standards or street lights. ZTA No. 17- 003 proposes to change the current review process from a Conditional Use Permit with public hearing to a Wireless Permit review process without a public hearing for devices which meet the definition of a Small Cell Site and are designed to comply with Public Works’ design standards. In order to implement this revised process, HBZSO Section 230.96 is proposed to be amended to define a Small Cell Site and include Small Cell Sites in the existing Wireless Permit review process. A legislative draft of the changes to HBZSO Section 230.96 is provided in Attachment No. 3. A draft of Public Works’ design standards is provided in Attachment No. 4. B. PLANNING COMMISSION MEETING: The Planning Commission held a public hearing on Zoning Text Amendment No. 17-003 on June 27, 2017. During the public hearing, staff gave an overview of the proposed changes. There were two speakers during the public hearing whom represented the wireless industry and requested more time to review the proposed changes. The Planning Commission voted to recommend that the City Council approve Zoning Text Amendment No. 17-003 based on the findings provided in Attachment No. 1. Planning Commission Action on June 27, 2017: A motion made by Kalmick, seconded by Mandic, to approve Zoning Text Amendment No. 17-003 with findings for approval (Attachment No. 1) and forward to City Council carried by the following vote: AYES: Ray, Garcia, Crowe, Mandic, Kalmick, Scandura, Grant NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED C. STAFF ANALYSIS AND RECOMMENDATION: Currently, any proposed wireless facility located in the public right of way requires review through a Conditional Use Permit with a public hearing heard by the Zoning Administrator. ZTA No. 2017- 003 proposes to revise the current process by establishing a Wireless Permit review process for wireless facilities that meet the definition of a Small Cell Site and comply with City design standards. The revised process eliminates the Conditional Use permit requirement and public hearing for Small Cell Sites located in the public right of way and Small Cell Sites on private property that meet these design standards. The revised approval process and design requirements are detailed below. HB -384-Item 20. - 2 Dept. ID CD Page 3 of 3 Meeting Date: 8/7/2017 Approval Process and Design Requirements Small Cell Sites will be subject to the requirements of Section 230.96(E)(2) - Director Approval without a public hearing if they comply with the following: 1. Meet the definition of a Small Cell Site: a. No larger than four cubic feet per location b. Maximum two antennas per location c. Locate on existing poles, such as a light standard d. Demonstrate compliance with Public Works’ design standards 2. Small Cell Sites located on any City owned facilities, including poles located in the public right-of-way, will require a Wireless Permit Application to be submitted to the Public Works Department. They will also be required to execute a License Agreement with the City per 230.96(H). 3. Small Cell Sites located on any other existing poles will require a Wireless Permit Application submitted to the Community Development Department. Any wireless facility that does not meet this criteria and proposes to be located in the public right of way or attached to any pole, will be subject to the Conditional Use Permit review process. Staff and the Planning Commission recommend that the City Council approve Zoning Text Amendment No. 17-003 because the changes are consistent with the General Plan and would establish the City’s desired approval process and design requirements for Small Cell Sites while protecting the community’s general welfare and quality of life. SB 649 Analysis City staff has been following Senate Bill 649 (Hueso) and while the City took an official oppose position in April 2017, this bill has advanced to the Assembly. The proposed legislation would preempt adopted local land use plans by mandating that “small cells” be allowed in zones as a use by-right, including all residential zones. The bill would strip local authority over public property and would shut out public input and local discretion by eliminating consideration of the aesthetic and environmental impacts of “small cells.” Because it would prohibit local discretionary review of “small cell” wireless antennas, design criteria like equipment collocated on existing structures or located on new “poles, structures, or non-pole structures,” including those within the public right-of- way and buildings, could not be enforced. The bill would in effect nullify the aesthetic and size prescriptions set forth in the proposed Zoning Text Amendment. Environmental Status: ZTA No. 17-003 is statutorily exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachments: 1. Suggested Findings of Approval – ZTA No. 17-003 2. Ordinance No. 4136, “An Ordinance of the City of Huntington Beach Amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Wireless Communication Facilities Zoning Text Amendment (ZTA) No. 17-003” 3. Legislative Draft 4. Draft Design Standards SH:JJ:AG:NB:kdc HB -385-Item 20. - 3 (17sr23 ZTA No. 17-003) Attachment No. 1.1 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 17-003 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements CEQA because the request is a minor amendment to a zoning ordinance that does not change the development standards intensity or density. SUGGESTED FINDINGS FOR APPROVAL – ZONING TEXT AMENDMENT NO. 17-003: 1. Zoning Text Amendment (ZTA) No. 17-003 to amend Section 230.96 (Wireless Communication Facilities) of the Huntington Beach Zoning and Subdivision Ordinance is consistent with the goals, objectives, policies, general land uses and programs specified in the General Plan including: A. Land Use Element: Goal LU 2: Ensure the development is adequately served by transportation infrastructure, utility infrastructure, and public services. B. Utilities Element: Goal U 5: Maintain and expand service provision to the City of Huntington Beach residences and businesses. Objective U 5.1: Ensure that adequate natural gas, telecommunication and electrical systems are provided. Policy U 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. C. Economic Development Element: Policy ED 2.3.1: Strive to reduce all discretionary permit and licensing processing time. ZTA No. 2017-003 establishes a Wireless Permit review process for Small Cell Sites that comply with Public Works’ design standards to service the needs of the residents and businesses and continue to provide processing incentives for those facilities that meet certain standards. It continues to require all associated antennas and equipment to be compatible with the surrounding environment. 2. ZTA No. 17-003 does not affect the general land use provision or compatibility with the uses authorized in, and the standards prescribed for, any of the zoning districts for which it is proposed. Zoning Text Amendment No. 17-003 will revise the citywide wireless communication facilities HB -386-Item 20. - 4 (17sr23 ZTA No. 17-003) Attachment No. 1.2 ordinance. It will not affect zoning of any property or the allowed uses and development standards of any zoning district. 3. A community need is demonstrated for the change proposed in order to ensure that adequate telecommunication systems are provided. Zoning Text Amendment No. 17-003 will reflect the City’s desired approval process and design requirements for Small Cell Sites in consideration of maximizing the goals of the General Plan. 4. Adoption of ZTA No. 17-003 will be in conformity with public convenience, general welfare and good zoning practice because the proposed changes will continue to permit wireless communication facilities while protecting the community’s general welfare and quality of life through the Wireless Permit review process. HB -387-Item 20. - 5 CITY OF HUNTINGTON BEACH Inter-Department Communication Community Development Department TO: VIA: FROM: DATE: SUBJECT: Honorable Mayor and City Council Members Fred A. Wilson, City Manager Scott Hess, AICP, Director of Community Development ojwslA August 3,2017 AUGUST 7, 2017 CITY COUNCIL MEETING AGENDA ITEM NO. 16 LATE COMMUNICATION ZONING TEXT AMENDMENT NO. 17-003 (SMALL CELL SITES) Zoning Text Amendment No. 17-003 is scheduled for public hearing before the City Council on August 7, 2017. Staff is recommending a change to the proposed language within Section 230.96(H) of the Huntington Beach Zoning and Subdivision Ordinance. The change only affects the last sentence of Section 230.96(H) to clarify that the City will require a Lease Agreement for Wireless Facilities proposed to be located on City owned property/facilities, including City owned property/facilities in the public right-of-way. The City will not require a Lease Agreement for facilities located in the public right-of-way that are not owned by the City, such as Edison poles. Regarding Council Agenda Item No. 16 (ZTA 17-003), please discard Attachment Numbers 2 and 3 and replace with the two attachments to this memo which are described as follows: New Attachment No. 2 Draft Ordinance No. 4136, "An Ordinance of the City of Huntington Beach amending Chapter 230 of the Huntington Zoning and Subdivision Ordinance relating to wireless communication facilities (Zoning Text Amendment No. 17-003)"; and New Attachment No. 3 Legislative Draft of the proposed changes to HBZSO Section 230.96, including the clarification added to Section 230.96(H). All other attachments in the original Request for Council Action remain the same. If you have any questions or would like a hard copy of the new attachments please contact Nicolle Bourgeois, Planning Aide at 714-536-5271. Attachments xc: Department Heads Robin Estanislau, City Clerk Jane James, Planning Manager Nicolle Bourgeois, Planning Aide Kim De Coite, Administrative Assistant Cathy Fikes, Administrative Assistant SUPPLEMENTAL COMMUNICATION wed% Date: e'LZZLZ. Agenda Item No.;.„126______ HB -388-Item 20. - 6 ORDINANCE NO. 4136 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO WIRELESS COMMUNICATIONS FACILITIES (ZONING TEXT AMENDMENT NO. 17-003) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 17-003, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance relating to wireless communication facilities; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 230.96 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 230.96 Wireless Communication Facilities A. Purpose. This section of the Zoning Code is to protect public safety, general welfare, and quality of life by regulating the location, height and physical characteristics and provide for orderly and efficient placement of Wireless Communication Facilities in the City of Huntington Beach. Because of the potential negative aesthetic impacts of Wireless Communication Facilities, including visual blight and diminution of property value, the City endeavors to locate antennas within commercial, industrial and other non-residential zones, screen them from view, and encourage co-location with other Wireless Communication Facilities. However, the Federal Telecommunications Act, specifically 47 U. S.C. Section 332(c)(7), preempts local zoning where a wireless Facility is necessary to remedy a significant gap in the wireless provider's service. Consequently, where the City determines that the Facility does not satisfy City planning and zoning standards, the wireless provider may then choose to establish Federal preemption because (i) a significant gap in wireless coverage exists, and v ii) there is a lack of feasible alternative site locations. A myriad of factors are involved in determining if a gap is significant, such as: whether the gap affects a commuter highway; the nature and character of the area and the number of potential users affected by the alleged lack of service; whether the signal is weak or nonexistent and whether the gap affects a commercial district. Consequently, the City will require scientific evidence from an expert 17-5579/160660/mv/7/5/17 2:35 p.m. 1 HB -389-Item 20. - 7 ORDINANCE NO. 4136 in the field demonstrating the existence of a significant gap in service, and a lack of feasible alternative sites. The applicant will be required to pay for the cost of said expert opinion. B. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a Wireless Communication Facility. 2. City Property. Property owned by the City of Huntington Beach, excluding any public right-of-way. 3. Co-Location or Co-Located. The location or placement of multiple Wireless Communication Facilities which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. 4. Completely Stealth. Any Wireless Communication Facility that has been designed to completely screen all aspects of the Facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to, architecturally screened roof mounted antennas, facade mounted antennas treated as architectural elements to blend in with the existing building, church steeples, fire towers, and flag poles and light standards of a typical diameter. 5. Data Collection Unit ("DCU"). A Wireless Communication Facility comprised of a collection unit, a solar panel and whip antennas used for receiving and/or transmitting wireless signals from distributed gas and water data collector meters, which is a stand- alone Facility not connected via fiber optic or other physical wiring to any other Facility. No Wireless Communication Facility operated by an electric corporation, a telephone corporation, a personal wireless service provider, a commercial mobile service provider or a mobile telephone service provider shall be considered a DCU. Size: Solar panels not larger than seven square feet, whip antennas not longer than 40 inches, and collection units not larger than 1.5 cubic feet. DCUs shall be designed to blend into the surrounding environment and minimize the visual appearance by matching the color of the poles or buildings where the DCU is located. 6. Ground Mounted Facility. Any Wireless Antenna that is affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. 7. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the three GHz to 300 GHz frequency spectrum). 8. Modified Facility. An existing Wireless Communication Facility where the antennas and/or supporting structure are proposed to be altered in any way from their existing condition, including like-for-like replacement but excluding co-location. 9. Pre-existing Wireless. Any Wireless Communication Facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted Wireless Antennas that have not yet been constructed so long as such approval is current and not expired. 17-5579/160660/mv/7/6/17 2:35 p.m. 2 HB -390-Item 20. - 8 ORDINANCE NO. 4136 10. Public Right-of-Way. The area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, places, roads, sidewalks, streets, ways, private streets with public access easements within the City's boundaries, and City-owned properties, as they now exist or hereafter will exist. 11. Roof Mounted. Any Wireless Antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. 12. Small Cell Site. Equipment at a node/location that transmits and/or provides connection to a mobile communication system. Visible equipment at a small cell site shall be no larger than four cubic feet per location/site (excluding antennae) with a maximum of two antennas per location/site and may be affixed to an existing pole including a light standard. In addition, to qualify as a Small Cell Site, it must comply with public works design standards. 13. Stealth Techniques. Any Wireless Communication Facility, including any appurtenances and equipment, which is designed to blend into the surrounding environment. Examples of stealth technique include, but are not limited to, monopalms/monopines. 14. Utility Mounted. Any Wireless Antenna mounted to an existing aboveground structure specifically designed and originally installed to support utilities, such as, but not limited to, electrical power lines, cable television lines, telephone lines, non- commercial wireless service antennas, radio antennas, street lighting but not traffic signals, recreational facility lighting, or any other utility which meets the purpose and intent of this definition. 15. Wall Mounted. Any Wireless Antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna (including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. 16. Wireless Communication Facility or Facility or Wireless Antenna. Any antenna, structure, or device any way named and any appurtenant facilities or equipment that transmits electronic waves or is used for the transmission or receipt of waves or signals that are used in connection with the provision of wireless communication service, including, but not limited to, Small Cell Sites, digital, cellular and radio service. C. Applicability. This section shall apply to all Wireless Communication Facilities which are erected, located, placed or modified within the City of Huntington Beach. D. Exceptions. Tne following Wireless Communication Facilities shall be exempt from this section. 1. Any Facility, which is subject to a previously approved and valid entitlement, may be modified within the scope of the applicable permit without complying with these regulations. However, modifications outside the scope of a valid entitlement or any modification to an existing Facility that has not been approved or entitled is subject to the requirements of the City's existing wireless ordinance. 17-5579/160660/mv/7/6/17 2:35 p.m. 3 HB -391-Item 20. - 9 ORDINANCE NO. 4136 2. Any antenna structure that is one meter (39.37 inches) cr less in diameter that is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof. 3. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. 4. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than five feet above the principle building on the same lot. 5. Any antenna structure used by authorized amateur radio stations licensed by the FCC. 6. Any data collection unit (DCU) on existing poles, or on any new poles within the public right-of-way or on City property. DCUs shall comply with setback and height requirements for the zone in which they are located. In addition, all DCUs must comply with all City Municipal Code requirements, including, but not limited to, Chapter 12.38 regarding encroachments and Chapter 17.64 regarding undergrounding of utilities. DCUs shall be at least 500 feet from another DCU within the same network. E. Process to Install and Operate Wireless Communication Facilities. No Facility shall be installed anywhere in the City without first securing either a wireless permit or a conditional use permit as required below. 1. Wireless Permit Application. The applicant shall initially apply to the Community Development Department or the Public Works Department for a wireless permit. If the request is to install a Wireless Communication Facility on a City owned facility including the public right-of-way, the applicant shall submit a completed wireless permit application ("application") and pay all required fees to the Public Works Department. All other wireless permit applications shall be submitted to the Community Development Department. The application shall be in the form approved by the Community Development Director or the Public Works Director, and at a minimum shall provide the following information: a. Precise location of the Facility. b. Evidence that the Facility is compatible with the surrounding environment or that the Facility is architecturally integrated into a structure. c. Evidence that the Facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). d. Evidence that the massing and location of the proposed Facility are consistent with surrounding structures and zoning districts. e. Evidence that no portion of the Facility will encroach over property lines. 17-5579/160660/mvn/6/17 2:35 p.m. 4 HB -392-Item 20. - 10 ORDINANCE NO. 4136 f. Property owner authorization or evidence of fee ownership of property where the Facility will be installed. In the ease of City-owned property or any public right-of-way, the applicant shall provide a license, lease, franchise, or other similar agreement from the City to place any Facility over, within, on, or beneath City property or right-of-way. g. Locations of all other Wireless Antennas within 1,000 feet of a proposed ground mounted Facility. Co-location of ground mounted facilities shall be required where feasible whenever such a Facility is proposed within 1,000 feet of any existing Wireless Antenna. h. Any other relevant information as required by the Director of Community Development or the Director of Public Works. The Community Development Department or Public Works Department will initially review and determine if the application is complete. The City may deem the application incomplete and require re-submittal if any of the above information is not provided. 2. Director Approval. Following submittal of a complete application, the City will determine whether the Facility may be approved by the Community Development Director or Public Works Director or whether a conditional use permit or other entitlement is required. Wireless permit applications will be processed based upon the location and type and size of antennas defined in herein. Although said classifications are assigned at project intake, a re-evaluation of antenna classifications may occur at any point in the process including at the time of review by the Director, Zoning Administrator, Planning Commission or City Council. A Facility not subject to any other discretionary approval may be administratively approved by the Director by issuing a wireless permit if it is: a. Co-located on an existing approved wireless Facility, does not exceed the existing Wireless Facility heights, and employs stealth techniques such that the co-located wireless Facility is compatible with surrounding buildings and land uses; or b. A modified Facility that complies with the base district height limit plus up to an additional 10 feet of height as permitted in Section 230.72 and compatible with surrounding buildings and land uses by incorporating stealth techniques; or c. A Facility that complies with the base district height limit plus up to an additional 10 feet of height as permitted in Section 230.72, is completely stealth and is not ground or utility mounted; or d. A Small Cell Site. The Director may require conditions of approval of the Wireless Communication Facility in order to minimize adverse health, safety and welfare impacts (including aesthetic impacts) to the community. A decision of the Director to grant a wireless permit shall become final 10 days following the date of the decision unless an appeal to the Planning Commission is filed as provided in Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). 17-5579/160660/mv/7/6/17 2:35 p.m. 5 HB -393-Item 20. - 11 ORDINANCE NO. 4136 The Director shall issue findings of approval that the Facility meets the above criteria and is not a detriment to the health, safety and welfare of the community. 3. Zoning Administrator Approval. In the event the Director determines that the applicant does not meet the requirements for Director approval of a wireless permit, then the applicant must apply for a conditional use permit (CUP) to the Zoning Administrator pursuant to Chapter 241 of the HBZSO. Notwithstanding any other provisions of the HBZSO, any new ground or utility mounted wireless facilities shall be required to obtain a CUP. The Zoning Administrator may require as a condition of approval that the applicant minimize adverse impacts to the community including aesthetic visual impacts by incorporating one or more of the following into project design and construction: a. Completely stealth installations; b. Stealth techniques; c. Co-location and locating facilities within existing building envelopes, d. Colorization or landscaping to minimize visual prominence; and/or e. Removal or replacement of facilities that are obsolete. Further conditions of approval of a CUP may be imposed as provided in Chapter 241 of the HBZSO. The Zoning Administrator's decision may be appealed to the Planning Commission in accordance with Chapter 248 of the HBZSO. 4. Design Review. Design review shall be required for any Wireless Communication Facilities pursuant to the HBZSO. In addition, Wireless Communication Facilities located on public rights-of-way and on or within 300 feet of a residential district or use in the City shall be required to obtain design review approval. Notwithstanding any other provisions of the HBZSO, design review is not required for wireless communication facilities (including Small Cell Sites) that may be approved by the Director pursuant to Subsection E.2 (Director Approval) above and have all appurtenant facilities and equipment located underground or within an existing building or existing enclosure. F. Applicant May Assert Federal Preemption at Time of Appeal to Planning Commission. 1. If the decision on the wireless permit or conditional use permit is appealed (either by applicant or an aggrieved party) to the Planning Commission, the applicant may assert that Federal law preempts the City from denying the application because denial would effectively prohibit wireless service. The applicant shall pay a Denial of Effective Service appeal fee in an amount to be established by City Council resolution, which amount shall be the estimated cost for the City to retain an independent, qualified consultant to evaluate any technical aspect of a proposed Wireless Communication Facility, including, but not limited to, issues involving whether a significant gap in coverage exists. A Denial of Effective Service appeal must be submitted prior to the expiration of the appeal period for a wireless permit or conditional use permit. 17-5579/160660/m0/6/17 2:35 p.m. 6 HB -394-Item 20. - 12 ORDINANCE NO. 4136 2. The Director shall establish the form of the Denial of Effective Service appeal. At a minimum, the applicant shall provide the following information as part of the appeal: In order to prevail in establishing a significant gap in coverage claim the applicant shall establish at minimum the following based upon substantial evidence: a. Evidence demonstrating the existence and nature of a significant gap in service in the vicinity of the proposed Facility, including, but not limited to, whether the gap pertains to residential in-building, commercial in-building coverage, in-vehicle coverage, and/or outdoor coverage. b. Evidence demonstrating that the applicant has pursued other feasible sites for locating the Facility, but that they are unavailable on commercially practicable terms. c. Evidence demonstrating the radio frequency signal strength transmission requirements and objectives that the applicant has established for the Southern California region, and for the City of Huntington Beach. d. Radio frequency propagation maps demonstrating actual transmission levels in the vicinity of the proposed Facility site, and any alternative sites considered. e. Radio frequency drive tests demonstrating actual transmission levels in the vicinity of the proposed Facility site, and any alternative sites considered. Reports regarding the applicant's monthly volume of mobile telephone calls completed, not completed, dropped, handed-off, not handed-off, originated and not originated for the signal area to be covered by the proposed Facility. g. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record, and shall remain confidential and not be disclosed to any third party without the express consent of the applicant, unless otherwise required by law. In the event the applicant does not provide this information, the City may conclusively presume that no Denial of Effective Service exists. All of the information noted above shall be submitted to the City within 30 days of the filing of the Denial of Effective Service appeal unless an extension is granted by the Director. 3. The Denial of Effective Service appeal shall be considered concurrently with the wireless permit or CUP appeal hearing before the Planning Commission. Prior to the scheduling of the public hearing on the wireless permit cr CUP appeal, the City Attorney shall be authorized to issue administrative subpoenas to compel production of such documents, testimony and other evidence relevant to the applicant's Denial of Effective Service claims. G. Wireless Communication Facility Standards. The following standards shall apply to all Wireless Communication Facilities: 1. Screening. All screening used in conjunction with a wall or roof mounted Wireless Antenna shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground or 17-5579/160660/m v/7/6/17 2:35 p.m. 7 HB -395-Item 20. - 13 ORDINANCE NO. 4136 utility mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. 2. Equipment/Accessory Structures. All equipment associated with the operation of the Wireless Antenna, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located and Section 230.76. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. Chain link fencing and barbed wire are prohibited. 3. General Provisions. All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 4. Building Codes. To ensure the structural integrity of Wireless Communication Facilities, the owners of a Facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. 5. Co-Location. Co-location of ground mounted facilities shall be required where feasible whenever such a Facility is proposed within 1,000 feet of any existing Wireless Antenna. 6. Federal and State Requirements. All Wireless Communication Facilities must meet or exceed current federal and state laws, standards and regulations of the FCC, and any other agency of the federal or state government with the authority to regulate Wireless Communication Facilities. 7. Interference. To eliminate interference, at all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any Wireless Antenna causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. 8. Lighting. All outside lighting shall be directed to prevent "spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 9. Maintenance. All facilities and appurtenant equipment including landscaping shall be maintained to remain consistent with the original appearance of the Wireless Antenna. Ground mounted facilities shall be covered with anti-graffiti coating. 10. Monitoring. The applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 11. Signs. The Wireless Antenna shall not bear any signs or advertising devices other than owner identification, certification, warning, or other required seals of signage. 12. Landscaping. Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on 17-5579/160660/mv/7/6/17 2:35 p.m. 8 HB -396-Item 20. - 14 ORDINANCE NO. 4136 existing facilities and landscape areas, and the visibility of the proposed Wireless Antenna. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning and Building Departments may be required. 13. Utility Agreement. If the proposed Facility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company that will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of- way. H. Facilities in the Public Right-of-Way and City Owned Facilities. Any Wireless Communication Facility to be placed over, within, on or beneath the public right-of-way including on/within City owned facilities shall comply with all City Municipal Code requirements, including, but not limited to, the Zoning and Subdivision Ordinance section 230.96 (above); Chapter 12.38 regarding encroachments; and Chapter 17.64 regarding undergrounding of utilities. All Facilities proposed to be located on City owned property/facilities (including those located in the public right-of-way) must also execute a License Agreement with the City. I. Facility Removal. Wireless Communication Facilities affecting the public view and/or located in areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Rights-of-Way shall be removed in its entirety within six months of termination of use and the site restored to its natural state. J. Cessation of Operation. I. Abandonment. Within 30 calendar days of cessation of operations of any Wireless Communication Facility approved under this section, the operator shall notify the Director in writing. The Wireless Antenna shall be deemed abandoned pursuant to the following sections unless: a. The City has determined that the operator has resumed operation of the Wireless Communication Facility within six months of the notice; or b. The City has received written notification of a transfer of the Wireless Communication Facility. 2. City Initiated Abandonment. A Wireless Antenna that is inoperative or unused for a period of six continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the Wireless Antenna and the owner(s) of the premises upon which the antenna is located. Such notice may be delivered in person, or mailed to the address(es) stated on the permit application, and shall be deemed abandoned at the time delivered or placed in the mail. 3. Removal of Abandoned Wireless Antenna. The operator of the Wireless Antenna and the owner(s) of the property on which it is located, shall within 30 calendar days after notice of abandonment is given either (1) remove the Wireless Antenna in its entirety and restore the premises, or (2) provide the Director with written objection to the City's determination of abandonment. 17-5579/160660/mv/7/6/17 2:35 p.m. 9 HB -397-Item 20. - 15 REVIEWED AND APPROVED: ORDINANCE NO. 4136 a. Any such objection shall include evidence that the Wireless Antenna was in use during the relevant six-month period and that it is presently operational. The Director shall review all evidence, determine whether or not the Facility was properly deemed abandoned, and provide the operator notice of its determination. b. At any time after 31 calendar days following the notice of abandonment, Or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned Wireless Antenna and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed antenna (or any part thereof). The owner of the premises upon which the abandoned antenna was located, and all prior operators of the antenna, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed Wireless Antenna, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor ATTEST: APPROVED AS TO FORM: City Clerk M.v City Attorney City Manager 17-5579/160660/mv/7/6/17 2:35 p.m. 10 HB -398-Item 20. - 16 230.96 Wireless Communication Facilities A. _Purpose. This section of the Zoning Code is to protect public safety, general welfare, and quality of life by regulating the location, height and physical characteristics and provide for orderly and efficient placement of Wireless Communication Facilities in the City of Huntington Beach. Because of the potential negative aesthetic impacts of Wireless Communication Facilities, including visual blight and diminution of property value, the City endeavors to locate antennas within commercial, industrial and other non-residential zones, screen them from view, and encourage co-location with other • • • • .Wireless Communication Facilities. However, the Federal Telecommunications Act, specifically 47 U.S.C. Section 332(c)(7), preempts local zoning where a wireless feeillt-vFacility is necessary to remedy a significant gap in the wireless provider's service. Consequently, where the City determines that the faellityFacility does not satisfy City planning and zoning standards, the wireless provider may then choose to establish Federal preemption because (i) a significant gap in wireless coverage exists, and (ii) there is a lack of feasible alternative site locations. A myriad of factors are involved in determining if a gap is significant, such as: whether the gap affects a commuter highway; the nature and character of the area and the number of potential users affected by the alleged lack of service; whether the signal is weak or nonexistent and whether the gap affects a commercial district. Consequently, the City will require scientific evidence from an expert in the field demonstrating the existence of a significant gap in service, and a lack of feasible alternative sites. The applicant will be required to pay for the cost of said expert opinion. B. Defmitions. For the purpose of this section, the following definitions for the following terms shall apply: 1. Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wifeless—semffiloiieetien facility Wireless Communication Facility. 2. City Property. Property owned by the City of Huntington Beach, excluding any public right-of-way. 3. Co-Location or Co-Located. The location or placement of multiple wifeless cern-m-u4iset-len-feellitiesWireless Communication Facilities which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. 4. Completely Stealth. Any Wireless Communication Facility that has been designed to completely screen all aspects of the facilityFacility including appurtenances and equipment from public view. Examples of completely stealth facilities may include, but are not limited to, architecturally screened roof mounted antennas, façade mounted antennas treated as architectural elements to blend in with the existing building, church steeples, fire towers, and flag poles and light standards of a typical diameter. 5.— Data Collection Unit ("DCU"). A wireless communication facilityWireless Communication Facility comprised of a collection unit, a solar panel and whip antennas used 1 HB -399-Item 20. - 17 for receiving and/or transmitting wireless signals from distributed gas and water data collector meters, which is a stand-alone facilityFacility not connected via fiber optic or other physical wiring to any other fae-4-ityFacility. No • • Wireless Communication Facility operated by an electric corporation, a telephone corporation, a personal wireless service provider, a commercial mobile service provider or a mobile telephone service provider shall be considered a DCU. Size: Solar panels not larger than seven square feet, whip antennas not longer than 40 inches, and collection units not larger than 1.5 cubic feet. DCUs shall be designed to blend into the surrounding environment and minimize the visual appearance by matching the color of the poles or buildings where the DCU is located. 6.— Ground Mounted Facility. Any wireless a ntennaWireless Antenna that is affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. 7.— Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the three GHz to 300 GHz frequency spectrum). 8.— Modified Facility. An existing • • • Wireless Communication Facility where the antennas and/or supporting structure are proposed to be altered in any way from their existing condition, including like-for-like replacement but excluding co-location. 9.— Pre-existing Wireless. Any Wireless Communication Facility. Any wireless communication facility for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted wifeless -antennasWireless Antennas that have not yet been constructed so long as such approval is current and not expired. 10.— Public Right-of-Way. The area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, places, roads, sidewalks, streets, ways, private streets with public access easements within the City's boundaries, and City-owned properties, as they now exist or hereafter will exist, 11.— Roof Mounted. Any wirel ess Antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. 12. Small Cell Site. Equipment at a node/location that transmits and/or provides connection to a mobile communication system. Visible equipment at a small cell site shall be no larger than four cubic feet per location/site (excluding antennae) with a maximum of two antennas per location/site and may be affixed to an existing pole including a light standard. In addition, to qualify as a Small Cell Site, it must comply with public works design standards. 13. Stealth Techniques. Any wire-les5-e-e=unieatieft-facilityWireless Communication Facility, including any appurtenances and equipment, which is designed to blend into the surrounding environment. Examples of stealth technique include, but are not limited to, monopalms/monopines. 13. 14. Utility Mounted. Any Im4celes6-amenctaWireless Antenna mounted to an existing aboveground structure specifically designed and originally installed to support utilities, such as, but not limited to, electrical power lines, cable television lines, telephone lines, non-commercial 2 HB -400-Item 20. - 18 wireless service antennas, radio antennas, street lighting but not traffic signals, recreational facility lighting, or any other utility which meets the purpose and intent of this definition. 4415. Wall Mounted. Any wireless-anten-naWiteless Antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna (including the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. a-516. Wireless Communication Facility or Facility or Wireless Antenna. AaAny antenna, structure, or device any way named and any appurtenant facilities or equipment that transmits electronic waves or is used for the transmission or receipt of waves or signals that are used in connection with the provision of wireless communication service, including, but not limited to, Small Cell Sites. digital, cellular and radio service. C. Applicability. This section shall apply to all wirc-le:-.s communication facilitiesWireless Communication Facilities which are erected, located, placed or modified within the City of Huntington Beach. D. Exceptions. The following Wireless Communication Facilities shall be exempt from this section. 1. Any faeilityFacility, which is subject to a previously approved and valid entitlement, may be modified within the scope of the applicable permit without complying with these regulations. However, modifications outside the scope of thea valid entitlement or any modification to an existing facilityFacility that cleeshas not have-a-previ%uusiybeen approved and-val-itior entitled is subject to the requirements of this sectiorithe City's existing wireless ordinance. 2. Any antenna structure that is one meter (39.37 inches) or less in diameter that is designed to receive direct broadcast satellite service, including direct-to-home satellite service for television purposes, as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof. 3. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. 4. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than five feet above the principle building on the same lot. 5. Any antenna structure used by authorized amateur radio stations licensed by the FCC. 6. Any data collection unit (DCU) on existing poles, or on any new poles within the public right-of-way or on City property. DCUs shall comply with setback and height requirements for the zone in which they are located. In addition, all DCUs must comply with all City Municipal Code requirements, including, but not limited to, Chapter 12.38 regarding encroachments and Chapter 17.64 regarding undergrounding of utilities. DCUs shall be at least 500 feet from another DCU within the same network. E. _Process to Install and Operate Wireless Communication Facilities. No faei-l-ityFacility shall be installed anywhere in the City without first securing either a wireless permit or a conditional use permit as required below. 3 HB -401-Item 20. - 19 1. Wireless Permit Application. The applicant shall initially apply to the Community Development Department or the Public Works Department for a wireless permit by submitting a completed wireless permit application ("application") and paying all required fees. The JEIMICHI1011 Snail pc in Inc -form apereveoc 41-Fe following information:. If the request is to install a Wireless Communication Facility on a City owned facility including the public right-of-way, the applicant shall submit a completed wireless permit application ("application") and pay all required fees to the Public Works Department. All other wireless permit applications shall be submitted to the Community Development Department. The application shall be in the form approved by the Community Development Director or the Public Works Director, and at a minimum shall provide the following information: a. Precise location of the facilityFacility. b. Evidence that the fac-ilityFacility is compatible with the surrounding environment or that the facilityFacility is architecturally integrated into a structure. c. Evidence that the faei-lityFacility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). d. Evidence that the massing and location of the proposed fac-i-l-ityFacility are consistent with surrounding structures and zoning districts. e. Evidence that no portion of the fac-ilityFacility will encroach over property lines. f. Property owner authorization or evidence of fee ownership of property where the fac-iIityFacility will be installed. In the case of City-owned property or any public right-of- way, the applicant shall provide a license, lease, franchise, or other similar agreement from the City to place any fac-i4ityFacility over, within, on, or beneath City property or right-of- way. g. Locations of all other wir-e4ess-antenna.sWireless Antennas within 1,000 feet of a proposed ground mounted fac-IlityFacility. Co-location of ground mounted facilities shall be required where feasible whenever such a fac-i4ityFacility is proposed within 1,000 feet of any existing wifeIe66-a-n.tecEn4Wireless Antenna. h. Any other relevant information as required by the Director of Community Development, or the Director of Public Works. The Community Development Department or Public Works Department will initially review and determine if the application is complete. The City may deem the application incomplete and require re-submittal if any of the above information is not provided. 2. Director Approval. Following submittal of a complete application, the City will determine whether the fac-il.ityFacility may be approved by the Community Development Director or Public Works Director or whether a conditional use permit or other entitlement is required. Wireless permit applications will be processed based upon the location and type and size of antennas defined in herein. Although said classifications are assigned at project intake, a re-evaluation of antenna classifications may occur at any point in the process including at the time of review by the Director, Zoning Administrator, Planning Commission or City Council. 4 HB -402-Item 20. - 20 A faei-l-ityFacility not subject to any other discretionary approval may be administratively approved by the Director by issuing a wireless permit if it is: a. Co-located on an existing approved wireless fa-c-i-l-ityFacility, does not exceed the existing wireless facilityWireless Facility heights, and employs stealth techniques such that the co-located wireless fac-itityFacility is compatible with surrounding buildings and land uses; or b. A modified fac-1.14Facility that complies with the base district height limit plus up to an additional 10 feet of height as permitted in Section 230.72 and compatible with surrounding buildings and land uses by incorporating stealth techniques; or c. A facilityFacility that complies with the base district height limit plus up to an additional 10 feet of height as permitted in Section 230.72, is completely stealth and is not ground or utility mounted; or d. A Small Cell Site. The Director may require conditions of approval of the facility Wireless Communication Facility in order to minimize adverse health, safety and welfare impacts (including aesthetic impacts) to the community. A decision of the Director to grant a wireless permit shall become final 10 days following the date of the decision unless an appeal to the Planning Commission is filed as provided in Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance (HEZSO). The Director shall issue findings of approval that the fac-i-l-ityFacility meets the above criteria and is not a detriment to the health, safety and welfare of the community. 3. Zoning Administrator Approval. In the event the Director determines that the applicant does not meet the requirements for Director approval of a wireless permit, then the applicant !.:hallmust apply for a conditional use permit (CUP) to the Zoning Administrator pursuant to Chapter 241 of the 11BZSO. Notwithstanding any other provisions of the HBZSO, any new ground or utility mounted wireless facilities shall be required to obtain a CUP. CUP applications shall also include the same The Zoning Administrator may require 5 as a condition of approval of the CUP, that the applicant minimize significant adverse impacts to the community and publicincluding aesthetic visual resourcesimpacts by incorporating one or more of the following into project design and construction: a. Completely stealth installations; b. Stealth techniques; C.. Co-location and locating facilities within existing building envelopes; d. Colorization or landscaping to minimize visual prominence; and/or e. Removal or replacement of facilities that are obsolete. Further conditions of approval of a facility CUP may be imposed as provided in Chapter 241 of the HBZSO. The Zoning Administrator's decision may be appealed to the Planning Commission in accordance with Chapter 248 of the HBZSO. 5 HB -403-Item 20. - 21 4. Design Review. Design review shall be required for any wireless communication facilitiesWireless Communication Facilities pursuant to the HBZSO as well as those. In addition, Wireless Communication Facilities located on public rights-of-way and on or within 300 feet of a residential district or use in the City shall be required to obtain design review approval. Notwithstanding any other provisions of the HBZSO, design review is not required for wireless communication facilities (including Small Cell Sites) that may be approved by the Director pursuant to Subsection E.2 (Director Approval) above and have all appurtenant facilities and equipment located underground or within an existing building or existing enclosure. F. Applicant May Assert Federal Preemption at Time of Appeal to Planning Commission. I . If the decision on the wireless permit or conditional use permit is appealed (either by applicant or an aggrieved party) to the Planning Commission, the applicant may assert that Federal law preempts the City from denying the application because denial would effectively prohibit wireless service. The applicant shall pay a Denial of Effective Service appeal fee in an amount to be established by City Council resolution, which amount shall be the estimated cost for the City to retain an independent, qualified consultant to evaluate any technical aspect of a proposed wiretess-c-emm-u-nic-atiem-fac-ii-ityWireless Communication Facility, including, but not limited to, issues involving whether a significant gap in coverage exists. A Denial of Effective Service appeal must be submitted prior to the expiration of the appeal period for a wireless permit or conditional use permit. 2. The Director shall establish the form of the Denial of Effective Service appeal. At a minimum, the applicant shall provide the following information as part of the appeal: In order to prevail in establishing a significant gap in coverage claim the applicant shall establish at minimum the following based upon substantial evidence: a. Evidence demonstrating the existence and nature of a significant gap in service in the vicinity of the proposed f-a4lityFacility, including, but not limited to, whether the gap pertains to residential in-building, commercial in-building coverage, in-vehicle coverage, and/or outdoor coverage. b. Evidence demonstrating that the applicant has pursued other feasible sites for locating the facilityFacility, but that they are unavailable on commercially practicable terms. c. Evidence demonstrating the radio frequency signal strength transmission requirements and objectives that the applicant has established for the Southern California region, and for the City of Huntington Beach. d. Radio frequency propagation maps demonstrating actual transmission levels in the vicinity of the proposed facilityFacility site, and any alternative sites considered. e. Radio frequency drive tests demonstrating actual transmission levels in the vicinity of the proposed fac-ilityFacility site, and any alternative sites considered. f. Reports regarding the applicant's monthly volume of mobile telephone calls completed, not completed, dropped, handed-off, not handed-off, originated and not originated for the signal area to be covered by the proposed fac-i-lityFacility. 6 HB -404-Item 20. - 22 g. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record, and shall remain confidential and not be disclosed to any third party without the express consent of the applicant, unless otherwise required by law. In the event the applicant does not provide this information, the City may conclusively presume that no Denial of Effective Service exists. All of the information noted above shall be submitted to the City within 30 days of the filing of the Denial of Effective Service appeal unless an extension is granted by the Director. 3. The Denial of Effective Service appeal shall be considered concurrently with the wireless permit or CUP appeal hearing before the Planning Commission. Prior to the scheduling of the public hearing on the wireless permit or CUP appeal, the City Attorney shall be authorized to issue administrative subpoenas to compel production of such documents, testimony and other evidence relevant to the applicant's Denial of Effective Service claims. G. Wireless Communication Facility Standards. The following standards shall apply to all wireless communication facilitiesWireless Communication Facilities: I. Screening. All screening used in conjunction with a wall or roof mounted wireless anterioaWireless Antenna shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground or utility mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. 2. Equipment/Accessory Structures. All equipment associated with the operation of the wireless antenna Wireless Antenna, including but not limited to transmission cables, shall be screened in a manner that eena- pliescomplies with the development standards of the zoning district in which such equipment is located and Section 230.76. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. Chain link fencing and barbed wire are prohibited. 3. General Provisions. • • All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 4. Building Codes. To ensure the structural integrity of wireless communication faciliticsWireless Communication Facilities, the owners of a fac-i-lityFacility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. 5. Co-Location. Co-location of ground mounted facilities shall be required where feasible whenever such a fac41-itifFacility is proposed within 1,000 feet of any existing wireless antenna Wireless Antenna. 6. Federal and State Requirements. All wireless communication facilitiesWireless Communication Facilities must meet or exceed current federal and state laws, standards and regulations of the FCC, and any other agency of the federal or state government with the authority to regulate • Wireless Communication Facilities. 7 HB -405-Item 20. - 23 7. Interference. To eliminate interference, at all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any wirelez antennaWireless Antenna causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. 8. Lighting. All outside lighting shall be directed to prevent "spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 9. Maintenance. All facilities and appurtenant equipment including landscaping shall be maintained to remain consistent with the original appearance of the wir-eless-aRteRRa,Wireless Antenna. Ground mounted facilities shall be covered with anti-graffiti coating. 10. Monitoring. The applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 11. Signs. The wireless a ntennaWireless Antenna shall not bear any signs or advertising devices other than owner identification, certification, warning, or other required seals of signage. 12. Landscaping. Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic, the impact on existing facilities and landscape areas, and the visibility of the proposed wiFeless-aRtem4a,Wireless Antenna. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning and Building Departments may be required. 13. Utility Agreement. If the proposed fac-ilityFacility will require electrical power or any other utility services to the site, the applicant will be required to furnish the City's Real Estate Services Manager either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company that will be supplying the power or other services, that they accept all responsibility for those lines in the public right-of-way. H. Facilities in the Public Right -of-Way7 and City Owned Facilities. Any wireless communication fac-i-lityWireless Communication Facility to be placed over, within, on or beneath the public right-of- way including on/within City owned facilities shall comply with all City Municipal Code requirements, including, but not limited to, the Zoning and Subdivision Ordinance section 230.96 (above); Chapter 12.38 regarding encroachments and Chapter 17.64 regarding undergrounding of utilities. All Facilities proposed to be located on City owned property/facilities (including those located in the public right-of-way) must also execute a License Agreement with the City. I. Facility Removal. Wireless communication facilitiesCommunication Facilities affecting the public view and/or located in areas designated Water Recreation, Conservation, Parks and Shoreline, and Public Rights-of-Way shall be removed in its entirety within six months of termination of use and the site restored to its natural state. J. Cessation of Operation. 1. Abandonment. Within 30 calendar days of cessation of operations of any wifetess com-monic-atian--faeil-ityWireless Communication Facility approved under this section, the 8 HB -406-Item 20. - 24 operator shall notify the Director in writing. The wifeless-a-ntefinaWireless Antenna shall be deemed abandoned pursuant to the following sections unless: a. The City has determined that the operator has resumed operation of the wifeless eeial+n-ufkatien-faeilityWireless Communication Facility within six months of the notice; or b. The City has received written notification of a transfer of the wifeless esminatifileatien-faeil-ityWireless Communication Facility. 2. City Initiated Abandonment. A wifeless-afiteFineWireless Antenna that is inoperative or unused for a period of six continuous months shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the wifeless antefineWireless Antenna and the owner(s) of the premises upon which the antenna is located. Such notice may be delivered in person, or mailed to the address(es) stated on the permit application, and shall be deemed abandoned at the time delivered or placed in the mail. 3. Removal of Abandoned Wireless Antenna. The operator of the wifeless-enterinaWireless Antenna and the owner(s) of the property on which it is located, shall within 30 calendar days after notice of abandonment is given either (1) remove the wifeless-a-nteanaWireless Antenna in its entirety and restore the premises, or (2) provide the Director with written objection to the City's determination of abandonment. a. Any such objection shall include evidence that the wireless-a-ntefineWireless Antenna was in use during the relevant six-month period and that it is presently operational. The Director shall review all evidence, determine whether or not the faellityFacility was properly deemed abandoned, and provide the operator notice of its determination. b. At any time after 31 calendar days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned wifeless-antenneWireless Antenna and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed antenna (or any part thereof). The owner of the premises upon which the abandoned antenna was located, and all prior operators of the antenna, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed wifeless-antefinaWireless Antenna, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (3568-9/02, 3779-10/07, 3934-4/12, 4040-12/14, 4069-10/15, 4096-10/16) ViCW the mobile 9 HB -407-Item 20. - 25 City of Huntington Beach Department of Public Works Standard Plans Series 600 - Telecommunications Page Description 601 1 of 2 Small Cell Installation Case 1 (Equipment Underground) 601 2 of 2 Small Cell Installation Case 1 (Equipment Underground) 602 1 of 2 Small Cell Installation Case 2 (Stealth Pole) 602 2 of 2 Small Cell Installation Case 2 (Stealth Pole) 603 1 of 2 Small Cell Installation Case 3 (Semi-Stealth Pole) 603 2 of 2 Small Cell Installation Case 3 (Semi-Stealth Pole) Revision Date June 13, 2017 June 13, 2017 June 13, 2017 June 13, 2017 June 13, 2017 June 13, 2017 DRAFT HB -408-Item 20. - 26 2-FOOT MIN CLEARANCE* BACK OF SIDEWALK Underground vault containing microcell signal processing equipment NOTES: I I. FACE OF CURBY CD INSTALL FLUSH VENT - OLDCASTLE PRECAST MODEL# MC510 OR APPROVED EQUAL. 0 INSTALL ACCESS HATCH PER VAULT MANUFACTURER. • INSTALL OLDCASTLE PRECAST VAULT - MODEL# XX OR APPROVED EQUAL. ® INSTALL CONDUIT FROM VAULT TO MICROCELL POLE PER CITY STANDARD 602. ® INSTALL COMMUNICATIONS CONDUIT PER CITY STANDARD NO. 215. ® INSTALL POWER CONNECTION CONDUIT PER SCE STANDARDS. 0 INSTALL POWER DISCONNECT PER SCE STANDARDS WITHIN 20-FEET OF POLE. 0 PAINT ANTENNA(S) / EQUIPMENT TO MATCH POLE. GENERAL NOTES: 1. *INSTALL VAULT IN LOCATION THAT ALLOWS A 2-FOOT WIDE CLEAR AREA ADJACENT TO VAULT TO FOR FUTURE CONDUIT INSTALLATIONS. 2. REPLACE FULL WIDTH OF SIDEWALK TO NEAREST CONSTRICTION JOINT PER CITY STANDARD #217. 3. ALL CONSTRUCTION SHALL COMPLY WITH REQUIREMENTS IN SECTION 230.96 OF THE HuNTINGTON BEACH ZONING CODE. APPROVED: DRAFT CITY ENGINEER KEVISION DATE: June 13, 2017 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS SMALL CELL INSTALLATION CASE 1: EQUIPMENT UNDERGROUND UTILITY POLE STANDARD PLAN 601 1 of 2 HB -409-Item 20. - 27 GPS UNIT MOUNTED TO TOP OF POLE PUBLIC STREET RIGHT OF WAY 2-FOOT MIN CLEARANCE* Underground vault containing microcell signal processing equipment STREET-SIDE VIEW FLUSH MOUNT AN TENN A( S) PER MANUFACTURER GUIDELINES MAXIMUM DISTANCE FROM POLE SHALL BE 2-INCHES (CLEAR) \- CABLES TO EN TER POLE NO FUR THER THAN 1-FOOT BELOW BOTTOM OF AN TENNA(S) AND REMAIN INSIDE POLE AND EXIT VIA CONDUIT LOCATED A T THE BOTTOM OF THE POLE In0 SECTION VIEW NOTES: SEE STND. 601 PAGE 1 FOR CONSTRUCTION NOTES. * MAXIMUM HEIGH T OF FACIL1 TY SHALL BE NO MORE THAN TEN (10) FEET ABOVE BASE ZONING DISTRICT HEIGHT LIMI T. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS SMALL CELL INSTALLATION CASE 1: EQUIPMENT UNDERGROUND STANDARD PLAN 601 2 of 2 APPROVED: DRAFT CITY ENGINEER :VISION DATE: June 13, 2017 HB -410-Item 20. - 28 \-BACK OF SIDEWALK ? P EX. STREET LIGHT SCE POWER 20FT 4,4X FACE OF CURB /-RIGHT-OF-WAY NOTES: • INSTALL CONDUIT PER UTILITY COMPANY STANDARDS. • INSTALL cOMMuNicATIONS CONDUIT PER CITY STANDARD No. 215 10 INSTALL COMMUNICATIONS PULL-BOX SIZED PER UTILITY COMPANY STANDARDS, 0 INSTALL PULL-BOX WITH SWITCH AND BREAKER LOCATED NO MORE THAN 20-FT FROM BASE OF UTILITY POLE. BOX LID SHALL BE MARKED "CELL SITE POWER SHUT-OFF SWITCH" OR OTHER APPROVED INDUSTRY WORDING. BOX SIZE DETERMINED BY EQUIPMENT REQUIREMENTS. ® INSTALL PULL-BOX PER SCE REQUIREMENTS. ® SCE POWER CONDUIT IF POWER SOURCE IS SUPPLIED FROM ADJACENT POLE OR OTHER CIRCUIT. GENERAL NOTES: 1. UTILITY BOX SIZE AND MATERIAL SHALL COMPLY WITH UTILITY COMPANY STANDARDS. IF UTILITY BOXES ARE LOCATED IN THE SIDEWALK, REPLACE FULL WIDTH OF SIDEWALK TO NEAREST CONSTRICTION JOINT PER CITY STANDARD #217. 2. EXISTING STREET LIGHT POLE MAY BE UTILIZED IF IT MEETS STRUCTURAL REQUIREMENTS TO SUPPORT THE NEW EQUIPMENT. IF EXISTING POLE IS REPLACED, A NEW POLE (MAXIMUM 12-INCHES IN DIAMETER) SHALL BE INSTALLED IN THE ORIGINAL LOCATION. 3. ALL CONSTRUCT/ON SHALL COMPLY WITH REQUIREMENTS IN SECTION 230.95 OF THE HUNTINGTON BEACH ZONING CODE. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS SMALL CELL INSTALLATION CASE 2: "STEALTH" POLE STANDARD PLAN 602 1 of 2 APPROVED: DRAFT CITY ENGINEER ‘IZEVISION DATE: June 13, 2017 HB -411-Item 20. - 29 00 0 1 INTERNAL CONDUITS AP - EXISTING STREET LIGHT POLE* PUBLIC STREET p ANTENNA SHROUD TO MATCH COLOR AND CONTOUR OF STREET LIGHT POLE 6-FOOT MAX EXTENSION N STREET-SIDE VIEW SECTION VIEW NOTES: 0 INSTALL COIMUNICATIONS CONDUIT PER UTILITY COMPANY STANDARDS. 0 INSTALL POWER CONNECTION CONDUIT PER SCE STANDARDS. 0 INSTALL POWER DISCONNECT PER SCE STANDARDS WITHIN 20-FEET OF POLE. 0 INSTALL COMMUNICATIONS CONDUIT PER CITY STANDARD NO. 215 * MAXIMUM HEIGHT OF FACILITY SHALL BE NO MORE THAN TEN (10) FEET ABOVE BASE ZONING DISTRICT HEIGHT LIMIT. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS SMALL CELL INSTALLATION CASE 2: "STEALTH" POLE STANDARD PLAN 602 2 of 2 j APPROVED: DRAFT CITY ENGINEER \Rk EVISION DATE: June 13, 2017 HB -412-Item 20. - 30 '-BACK OF SIDEWALK ga0Wradl----) ORIENT RADIO EQUIPMENT AWAY FROM ROADWAY EXIST. STREET -----"-- LIGHT POLE P I f RIGHT-OF-WAY 20FTWX FACE OF CURB *NOTE: FOR CLARITY, STREET LIGHT LUMINAIR AND MAST ARM NOT SHOWN. NOTES: O INSTALL CONDUIT PER UTILITY COMPANY STANDARDS. O INSTALL coMMuNicATIONS CONDUIT PER CITY STANDARD NO. 215 O INSTALL COMMUNICATIONS PULL-BOX SIZED PER UTILITY COMPANY STANDARDS. 0 INSTALL PULL-BOX WITH SWITCH AND BREAKER LOCATED No MORE THAN 20-FT FROM BASE OF UTILITY POLE. BOX LID SHALL BE MARKED "CELL SITE POWER SHUT-OFF SO/ITCH" OR OTHER APPROVED INDUSTRY WORDING, BOX SIZE DETERMINED BY EQUIPMENT REQUIREMENTS. 0 INSTALL PULL-BOX PER SCE REQUIREMENTS. O SCE POWER CONDUIT IF POWER SOURCE IS SUPPLIED FROM ADJACENT POLE OR OTHER CIRCUIT. GENERAL NOTES: 1. UTILITY BOX SIZE AND MATERIAL SHALL PER UTILITY COMPANY STANDARDS. IF UTILITY BOXES ARE LOCATED IN THE SIDEWALK, REPLACE FULL WIDTH OF SIDEWALK TO NEAREST CONSTRICTION JOINT PER CITY STANDARD #217. 2. EXISTING STREET LIGHT POLE MAY BE UTILIZED IF IT MEETS STRUCTURAL REQUIREMENTS TO SUPPORT NEW AND EXISTING EQUIPMENT IF EXISTING POLE IS REPLACED, A NEW POLE (MAXIMUM 12-INCHES IN DIAMETER) SHALL BE INSTALLED IN THE ORIGINAL LOCATION. 3. ENCLOSURE CONTAINING RADIO EQUIPMENT SHALL NOT EXCEED THREE (3) CUBIC FEET IN SIZE. ONLY ONE VISIBLE ANTENNA PER "SEMI-STEALTH" SITE SHALL BE PERMITTED. ANTENNA IS NOT INCLUDED IN THREE (3) CUBIC FOOT REQUIREMENT. 4. ALL CONSTRUCTION SHALL COMPLY WITH REQUIREMENTS IN SECTION 230.96 OF THE HUNTINGTON BEACH ZONING CODE. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS SMALL CELL INSTALLATION CASE 3: "SEMI-STEALTH" POLE STANDARD PLAN 603 1 of 2 i APPROVED: DRAFT CITY ENGINEER REVISION DATE: June 13, 2017 HB -413-Item 20. - 31 6-FOOT MAX EXTENSION .___••n.. PUBLIC STREET SECTION VIEW STREET-SIDE VIEW i CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ANTENNA SHROUD TO OA rcH COLOR AND CoNrouR —Nt. i OF STREET UGH T POLE E QUIP LE 'IV I' J'r--/I IY'rO\ _lb 'TEO' i ; A' 77-j ILI` COLOR OF STREET LIGHT POLE EXISTING STREET LIGHT POLE* 4 INTERNAL CONDUITS NOTES: 0 INSTALL COUOUNICATIONS CONDUIT PER UTILITY COOPANY STANDARDS. 0 INSTALL POWER CONNECTION CONDUIT PER SCE STANDARDS. 0 INSTALL POWER DISCONNECT PER SCE STANDARDS WITHIN 20-FEET OF POLE. 0 INSTALL COWUNICATIONS CONDUIT PER CITY STANDARD NO, 215 0 AlAXIOUIvi HEIGHT OF FACILITY SHALL BE NO AdORE THAN TEN (10) FEET ABOVE BASE ZONING DISTRICT HEIGHT DOT. APPROVED: CITY ENGINEER ‘1REVISION DATE: June 13, 2017 SMALL CELL INSTALLATION CASE 3: "SEMI-STEALTH" POLE STANDARD PLAN 603 2 of 2 HB -414-Item 20. - 32 Example Case 1: Equipment Underground HB -415-Item 20. - 33 HB -416-Item 20. - 34 Example Case 3: Semi-Stealth Pole HB -417-Item 20. - 35 • xample Case 4: Standard Plan in progress HB -418-Item 20. - 36 Zoning Text Amendment No. 2017-003 Small Cell Sites City Council Meeting August 7, 2017 Zoning Text Amendment No. 2017-003 Request: n To amend HBZSO Section 230.96 (Wireless Communication Facilities): o Add a definition of a Small Cell Site 0 Simplify the process for installation of Small Cell Sites 8/7/2017 /50r7,z- AS PUOUC RECORD FOR COUNefl(MEET/NG e- CITY CLERK OFFICE ROBIN ESTANSLAU, CITY CLERK RECEIVED FROM 1 HB -419-Item 20. - 37 8/7/2017 What is a Small Cell Site? n ZTA No. 17-003 proposes to define Small Cell Sites as: - Equipment at a node/location that transmits and/or provides connection to a mobile communication system. - Visible equipment is no larger than four cubic feet per location/site (excluding antennae) with a maximum of two antennas per location/site and are affixed to an existing pole, such as a light standard. - All devices must demonstrate compliance with City design standards for the device to be defined as a Small Cell Site. Current Review Process n Any new ground or utility mounted wireless facility on public and private property regardless of the size requires review through a Conditional Use Permit with a public hearing (HBZSO 230.96(E)(3). HB -420-Item 20. - 38 8/7/2017 Proposed Wireless Permit Review Process for Small Cell Sites ZTA No. 2017-003 creates two paths for Small Cell Sites: 1. Small Cell located in the ROW or on City owned facilities= Wireless Permit Application processed by Public Works Department; Staff Review, no public hearing 2. Small Cell located on any other poles (i.e. private property) = Wireless Permit Application processed by Community Development Department ; Staff Review, no public hearing Proposed City Design Standard #1 n Antennas and conduit/fiber within pole n Equipment underground , n:y/freNe, 14:11417 tC lermul --, r.a ng ANI) erTnIliT, Or ETTECT irr IMTP.NAL Gr.? ,Duit!,-: —.., , I ... 1 , I N ,..----6.-FEW .W4:.! rerrIcS ,M .....- exIspg: srira , torZ- pat• .V8LIC SMEET 14111111, .5;TET-4.-r-soc IlE4 .7=C170N 1.,,rif" 3 HB -421-Item 20. - 39 _. ATOINTFC. LI 1CP !I- POLE AftkiNT YAC VA AATICH:Idap INILHER tar441 &WWI F J. POLE ,,ALL 3r 2 I.KWES (EAR) \-C,BIES ,13 Orin? Par AZ rts? 6, - MLR A.A41--acT OC.Olf 40 ;MUT 2J ANTINA,r5. ANL, WilV INSUlt rcet lob tit VA nsir.ur LOL'ArED AT THE Pnr:CAI PAT TArr FAX SEC7KN WE* 711 5 CT-TAX WO' 8/7/2017 Proposed City Design Standard #1 Example Proposed City Design Standard #2 n Conduit/fiber within pole Antennas flush Mounted to pole n Equipment Underground 4 HB -422-Item 20. - 40 8/7/2017 Proposed City Design Standard #2 Example Proposed City Design Standard #3 n Pole extension n Equipment flush mounted AN FEVIA 94ROW TO AlAni --., COL CV? AM5 cahricorP -.... tic ..,,--Itei-Li Uf;,-, Pitt FOLIPTIENT DT700.7 76 11J,7oii —, COLO? 0, SWEET LIGKI POLE INTF..674AL convrs ® N., (1) 1 j Ii ,-6 -Fr1,LAY MrENSiNi _.:=a ,,- CAT3 as sreirr tiatr PgiE- _ e.,,,,-,- i=r-------- E37 DBE ;9714, rt-CIT24 wrw 5 HB -423-Item 20. - 41 8/7/2017 Proposed City Design Standard #3 Example Proposed City Design Example #4 --:1141111 n Pole extension Equipment flush mounted 6 HB -424-Item 20. - 42 8/7/2017 ZTA No. 2017-003 Analysis r Increase wireless capacity throughout the City via Small Cell connections to communication systems. r Establish the City's desired review process for Small Cell Sites. r Ensure compatibility between Small Cell Sites and their surroundings by establishing City design standards. Planning Commission and Staff Recommendation Approve ZTA No. 17-003 and adopt Ordinance No. 4136 based upon the following: n Establishes the City's desired approval process and design requirements for Small Cell Sites. n Permits Small Cell Sites while protecting the community's general welfare and quality of life through the Wireless Permit process. n Does not alter zoning or change the uses allowed on any property.. 7 HB -425-Item 20. - 43 Dept. ID CD 17-008 Page 1 of 3 Meeting Date: 8/21/2017 Statement of Issue: Transmitted for your consideration is Zoning Text Amendment (ZTA) No. 17-001, a City-initiated request to amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance to amend Section 204.18 Prohibited Uses; add Section 204.20 Prohibited Uses- Commercial Non-Medical Marijuana Businesses and Deliveries; and add Section 204.22 Non- Medical Marijuana Cultivation. The Planning Commission and Staff recommend approval of ZTA No. 17-001. Financial Impact: Not applicable. Planning Commission and Staff Recommended Action: A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act; and, B) Approve Zoning Text Amendment No. 17-001 with findings for approval (Attachment No. 1) and approve for introduction Ordinance No. 4137 "An Ordinance of the City of Huntington Beach Amending Title 20 of the Zoning and Subdivision Ordinance by Amending Section 204.18 and Adding Section 204.20 and Section 204.22 to the Huntington Beach Zoning and Subdivision Ordinance to Prohibit Commercial/Recreational Sales and Deliveries of Non-Medical Marijuana as well as Adopt Regulations Regarding Non-Medical Marijuana Cultivation.” CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development Robert Handy, Police Chief SUBJECT: Approve for introduction Ordinance No. 4137 approving Zoning Text Amendment (ZTA) No. 17-001 amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to amend Section 204.18 Prohibited Uses, add Section 204.20 Prohibited Uses--Commercial Non-Medical Marijuana Businesses and Deliveries, and add Section 204.22 Non-Medical Marijuana Cultivation HB -426-Item 21. - 1 Dept. ID CD 17-008 Page 2 of 3 Meeting Date: 8/21/2017 Alternative Action(s): The City Council may make the following alternative motion(s): 1. Deny Zoning Text Amendment No. 17-001 with findings for denial. 2. Continue Zoning Text Amendment No. 17-001 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Citywide Zoning Text Amendment No. 17-001 represents a request to amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance for the following sections: 1. Amend Section 204.18 Prohibited Uses 2. Add Section 204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries to expressly prohibit any sale or distribution and deliveries of non-medical marijuana. 3. Add Section 204.22 Cultivation of Non-Medical Marijuana to regulate the cultivation of non- medical marijuana. B. BACKGROUND: In November 2016, Proposition 64 was passed by California voters and the Adult Use of Marijuana Act was adopted. Proposition 64 legalized certain non-medical use of marijuana for individuals 21 years of age and older. The Act allows 1) adults 21 years and older to use, possess, purchase, and grow non-medical (recreational) marijuana; 2) local governments to ban non-medical marijuana businesses; and 3) local governments to regulate the cultivation of non-medical marijuana for personal use by adults 21 years and older, and to ban outdoor cultivation as set forth in the Act. C. PLANNING COMMISSION MEETING: The Planning Commission held a public hearing on Zoning Text Amendment No. 17-001 on July 25, 2017. During the public hearing, staff gave an overview of the proposed amendment. There were three speakers during the public hearing with one speaker in opposition and two speakers in support of the Zoning Text Amendment. The Planning Commission voted to recommend that the City Council approve Zoning Text Amendment No. 17-001 based on the findings provided in Attachment No. 1. Planning Commission Action dated July 25, 2017 A MOTION WAS MADE BY SCANDURA, SECONDED BY GRANT TO APPROVE ZONING TEXT AMENDMENT NO. 17-001 AND FORWARD TO CITY COUNCIL BY THE FOLLOWING VOTE: AYES: CROWE, GARCIA, GRANT, MANDIC, RAY, SCANDURA NOES: KALMICK ABSTAIN: NONE ABSENT: NONE MOTION PASSED HB -427-Item 21. - 2 Dept. ID CD 17-008 Page 3 of 3 Meeting Date: 8/21/2017 D. STAFF ANALYSIS AND RECOMMENDATION: The proposed Zoning Text Amendment was initiated to amend the HBZSO to expressly articulate the prohibition of any sale, distribution, and deliveries of non-medical marijuana in the City and to regulate the cultivation of non-medical marijuana. The draft ordinance (Attachment No. 2) and legislative draft (Attachment No. 3) provides the new language to be added to the HBZSO. The proposed Zoning Text Amendment prohibits outdoor cultivation of non-medical marijuana and imposes reasonable regulations on indoor cultivation of non-medical marijuana when cultivation is authorized by California law. The Adult Use of Marijuana Act allows adults 21 years and older to cultivate up to six marijuana plants for non-medical use. Pursuant to the proposed Section 204.22 Non-Medical Marijuana Cultivation, the indoor cultivation of non-medical marijuana is permitted at residential properties and shall comply with the following criteria: - within a fully enclosed or secure structure or within a residential structure - not visible to the general public - provide for the health, safety, and welfare of the public - prevent odor created by non-medical marijuana plants from impacting adjacent properties According to input provided by the Police Department, allowing non-medical marijuana businesses to operate in Huntington Beach would negatively impact the quality of life for the City’s residents, visitors, and businesses. The City has expended significant resources to enforce the prohibition of medical marijuana businesses. Staff time has been spent on tracking down property owners and business owners whom provide false information on business license and rental documents. Staff found significant modifications to building structures without proper permits or safety inspections. The modifications violated building and fire codes, creating an unsafe environment for employees, customers, and surrounding businesses. There have been incidents of crime, ranging from arson fire to armed robbery. Allowing non-medical marijuana businesses would further exacerbate the issues currently encountered from the operation of illegal dispensaries and collectives. Adopting the proposed zoning text amendment would support the City’s position of prohibiting all sale, distribution, deliveries, and outdoor cultivation of non-medical marijuana within the City. The Planning Commission and staff recommend approval of Zoning Text Amendment No. 17-001. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Suggested Findings – ZTA No. 17-001 2. Ordinance No.4137, “An Ordinance of the City of Huntington Beach Amending Title 20 of the Zoning and Subdivision Ordinance by Amending Section 204.18 and Adding Section 204.20 and Section 204.22 to the Huntington Beach Zoning and Subdivision Ordinance to Prohibit Commercial/Recreational Sales and Deliveries on Non-Medical Marijuana as well as Adopt Regulations Regarding Non-Medical Marijuana Cultivation.” 3. Legislative Draft of Chapter 204 Use Classifications 4. Planning Commission Staff Report dated July 25, 2017 5. PowerPoint Presentation HB -428-Item 21. - 3 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 17-001 SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 17-001: 1. Zoning Text Amendment No. 17-001 amends Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance to amend the Prohibited Uses section, add a Prohibited Uses— Commercial Non-Medical Marijuana Businesses and Deliveries section, and add a Non-Medical Marijuana Cultivation section. ZTA No. 17-001 is consistent with the goals, policies and objectives specified in the General Plan by expressly prohibiting commercial non-medical marijuana businesses and deliveries of non-medical marijuana and regulating the cultivation of non-medical marijuana while continuing to allow permitted uses. 2. In the case of the general land use provisions, the amendments proposed are compatible with the uses authorized in, and the standards prescribed for the Zoning districts for which they are proposed. The changes do not affect zoning of any property or the development standards thereof. 3. A community need is demonstrated for the proposed amendment to ensure that the HBZSO expressly prohibits any sale or distribution of non-medical marijuana in the City, prohibits the deliveries of non- medical marijuana, and regulates the cultivation of non-medical marijuana as allowed by state law. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Approval of Zoning Text Amendment No. 17-001 will ensure that commercial non-medical marijuana businesses and deliveries of non-medical marijuana are not allowed in the City and the cultivation of non-medical marijuana follows State regulations. HB -429-Item 21. - 4 ORDINANCE NO. 4137 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TITLE 20 OF THE ZONING AND SUBDIVISION ORDINANCE BY AMENDING SECTION 204.18 AND ADDING SECTION 204.20 AND SECTION 204.22 TO THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO PROHIBIT COMMERCIAL/RECREATIONAL SALES AND DELIVERIES OF NON-MEDICAL MARIJUANA AS WELL AS ADOPT REGULATIONS REGARDING NON-MEDICAL MARIJUANA CULTIVATION WHEREAS, Proposition 64 authorizes cities to prohibit distribution/sale of non- medical/recreational marijuana and cultivation of 6 or more marijuana plants as well enacting reasonable regulations for the cultivation of six or fewer non-medical marijuana plants that occurs inside a residence or accessory structure, including the complete prohibition of outdoor cultivation of non-medical marijuana until such time as the California Attorney General determines that the non-medical/recreational use of marijuana is lawful in California under federal law; and Proposition 64 authorizes the personal cultivation of up to six non-medical marijuana plants in a private residence for non-medical purposes; and The cultivation, distribution/sale of non-medical/recreational marijuana in other cities has resulted in calls for service to the police department, including calls for robberies and thefts, and is reasonable to assume that commercial/recreational non-medical marijuana cultivation, distribution/sale will have similar impacts; and The City Council desires to prohibit the commercial sale or distribution of non- medical/recreational marijuana anywhere in the City as well as adopt regulations regarding the indoor cultivation of six or fewer non-medical marijuana plants in private residences and to prohibit all other forms of non-medical marijuana cultivation; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Recitals Made Findings The above recitals are hereby declared to be true and correct and findings of the City Council of the City of Huntington Beach. SECTION 2. Amendment to Zoning and Subdivision Ordinance Section 204.18 of the Huntington Beach Zoning and Subdivision Ordinance Prohibit Uses is hereby modified to Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance to read as follows: 17-5917/161951/7/14/Inv HB -430-Item 21. - 5 ORDINANCE NO. 4137 204.18 Prohibited Uses—Medical Marijuana Businesses D. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the City. E. Enforcement. 1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance. 2. Nothing in this article in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this article. Such additional remedies include, but are not limited to, injunctive relief or administrative citations. Section 204.20 of the Huntington Beach Zoning and Subdivision Ordinance Prohibited Uses—Commercial Non-Medical Marijuana Businesses is hereby added to Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance to read as follows: 204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries A. Purpose. In order to expressly inform the public that any sale or distribution of non-medical marijuana by Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc., however named is prohibited in the City of Huntington Beach, the City is adding this express prohibition to the Zoning and Subdivision Ordinance. B. Definitions. Unless otherwise specifically defined herein, the definitions contained within Adult Use of Marijuana Act shall apply to this Ordinance. 1. Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary means any location, structure, facility, vehicle, business, store, co- op, residence, or similar facility used, in full or in part, as a place at or in which marijuana (including marijuana for recreational use) is sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in connection with the sale or distribution of non-medical marijuana. 2. Non-medical marijuana delivery means the commercial transfer of non- medical marijuana or non-medical marijuana products to a person, including any technology that enables persons to arrange for or facilitate the commercial transfer of non-medical marijuana or non-medical marijuana products. 3. Non-medical marijuana products means non-medical marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible 17-5917/161951/7/14/my 2 HB -431-Item 21. - 6 ORDINANCE NO. 4137 or topical product containing marijuana or concentrated cannabis and other ingredients. C. Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary or any other such business, no matter how so named, is not a permitted use in any zoning district or specific plan in the City. It shall be unlawful for any person or entity to own, manage, establish, conduct or operate a Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person to permit to be established, conducted, operated, owned or managed as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, any Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary in the City. D. Non-Medical Marijuana Deliveries, Delivery of non-medical marijuana is not a permitted use in any zoning district or specific plan in the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of non-medical marijuana deliveries. E. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the City. F. Enforcement. 1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance. 2. Nothing in this article in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this article. Such additional remedies include, but are not limited to, injunctive relief or administrative citations. Section 204.22 of the Huntington Beach Zoning and Subdivision Ordinance Non-Medical Marijuana Cultivation is hereby added to Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance to read as follows: 204.22 Non-Medical Marijuana Cultivation A. Purpose. The purpose and intent of this article is to regulate the cultivation of non- medical marijuana in a manner that protects the health, safety and welfare of the community. Health and Safety Code section 11362.2 authorizes the City to adopt reasonable regulations regarding the cultivation of non-medical marijuana inside a private residence or accessory structure to a private residence. That section also 17-5917/161951/7/14/mv 3 HB -432-Item 21. - 7 ORDINANCE NO. 4137 authorizes the City to completely prohibit the cultivation of non-medical marijuana outside, as long as the California Attorney General has not made a determination that the non-medical use of marijuana is lawful in California under federal law. The Attorney General has not made such a determination. This article is not intended to interfere with the right of an individual 21 years of age or older to possess or cultivate non-medical marijuana, as provided for by Proposition 64. This article is not intended to give any person independent legal authority to grow non-medical marijuana; it is intended simply to impose reasonable regulations on the cultivation of non-medical marijuana when cultivation is authorized by California law. Furthermore, it is the purpose and intent of this amendment to require that non- medical marijuana allowed to be cultivated pursuant to Proposition 64 only be done so in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by non-medical marijuana plants from impacting adjacent properties; and to ensure that marijuana grown in the City remains secured. B. Definitions. For the purposes of this article, the following definitions shall apply unless the context clearly indicates otherwise. If a word is not defined in this article, and not otherwise defined in state law, the common and ordinary meaning of the word shall apply. 1. Cultivation means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof 2. Fully enclosed and secure structure means a space within a building that complies with the applicable Building Code and Zoning and Subdivision Ordinance, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with non-transparent material. 3. Indoors means inside a fully enclosed and secure structure or within a residential structure. 4. Non-medical marijuana means marijuana that is intended to be used for non- medical purposes pursuant to Health and Safety Code section 111362.1 et seq. 5. Non-medical marijuana cultivation means the planting, growing, harvesting, drying or processing of non-medical marijuana plants or any part thereof pursuant to Health and Safety Code section 11362.1 et seq., as those sections may be amended from time to time. 6. Outdoors means any location within the City that is not within a fully enclosed and secure structure. 7. Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character. 8. Private residence means a house, an apartment unit, a mobile home or other similar dwelling. 17-5917/161951/7/14/my 4 HB -433-Item 21. - 8 ORDINANCE NO. 4137 C. Cultivation of non-medical marijuana. The following regulations shall apply to the cultivation of non-medical marijuana within the City: 1. Cultivation not in compliance with this article. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zoning district or specific plan in the City to cultivate non-medical marijuana except as provided for in this Code. No person other than an individual 21 years of age or older may engage in the cultivation of non-medical marijuana. 2. Outdoor cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having possession of any legal parcel or premises within any zoning district or specific plan in the City to cause or allow such parcel or premises to be used for the outdoor cultivation of non-medical marijuana. 3. Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited in all zoning districts and specific plans of the City, except for residential zones, mixed use zones, or in commercial zones, when such cultivation occurs on a parcel or premises with an approved private residence. All cultivation must be in compliance with this article and state law. 4. Indoor cultivation in private residence. The indoor cultivation of non- medical marijuana in a residential zone, mixed use zone, or in a commercial zone on a parcel or premises with an approved private residence, shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards: a. The primary use of the property shall be for a residence. Non-medical marijuana cultivation is prohibited as a home occupation. b. All areas used for cultivation of non-medical marijuana shall comply with the Huntington Beach Municipal Code including the Zoning and Subdivision Ordinance, as well as applicable law. c. Indoor grow lights shall not exceed 1,200 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the City. Lights shall be located away from combustible materials and a minimum of 30 inches from fire sprinklers. d. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of non-medical marijuana is prohibited. e. Any fully enclosed and secure structure or residential structure used for the cultivation of non-medical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with the Huntington Beach Municipal Code, including the Zoning and Subdivision Ordinance. f. A fully enclosed and secure structure used for the cultivation of non-medical marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot setback from any property line as well as any other applicable development standards of the zoning district. The yard where the fully enclosed and secure structure is maintained must 17-5917/161951/7/14/mv 5 HB -434-Item 21. - 9 ORDINANCE NO. 4137 be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring in a garage. g. Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation. h. Non-medical marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence. i. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for non-medical marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing. j. Cultivation of non-medical marijuana shall only take place on impervious surfaces. k. From a public right-of-way, there shall be no exterior evidence of non- medical marijuana cultivation occurring on the parcel. 1. Non-medical marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 21 years of age. m. Written consent of the property owner to cultivate non-medical marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the Chief of Police or his/her designee. n. A 2A:10B:C portable fire extinguisher that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of non- medical marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs. D. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the City. E. Enforcement. 1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance. 2. Nothing in this article in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this article. Such additional remedies include, but are not limited to, injunctive relief or administrative citations. 17-5917/161951/7/14/n1v 6 HB -435-Item 21. - 10 D AND APPROVED: ORDINANCE NO. 4137 SECTION 3: Severabilit y If an y section of this Ordinance is determined to be unenforceable, invalid, or unlawful, such determination shall not affect the enforceabilit y of the remainin g provisions of this Ordinance. SECTION 4. CEQA This Ordinance is exempt from the California Environmental Qualit y Act pursuant to Cit y Council Resolution No. 4501, Class 20, which supplements the California Environmental Qualit y Act. SECTION 5. This ordinance shall become effective 30 da y s after its adoption. PASSED AND ADOPTED b y the City Council of the Cit y of Huntin g ton Beach at a re g ular meetin g thereof held on the day of , 2017. Ma y or ATTEST: City Clerk REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: rnL LL cal City Attorni Police Chief MV 17-5917/161951/7/14/my 7 HB -436-Item 21. - 11 1 Excerpts from Chapter 204 Use Classifications 204.18 Prohibited Uses—Medical Marijuana Businesses A. Purpose. In order to expressly inform the public that any distribution of marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc., is prohibited in the City of Huntington Beach, the City is adding this express prohibition to the Zoning and Subdivision Ordinance. B. Definitions. For purposes of this section, the following term is defined: 1. Medical Marijuana Business, Collective, Cooperative or Dispensary means any location, structure, facility, vehicle, business, store, co-op, residence, or similar facility used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in connection with the distribution of marijuana. C. Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A Medical Marijuana Business, Collective, Cooperative or Dispensary or any other such business, no matter how so named, is not a permitted use in any zoning district or specific plan in the City. It shall be unlawful for any person or entity to own, manage, establish, conduct or operate a Medical Marijuana Business, Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person to permit to be established, conducted, operated, owned or managed as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, any Medical Marijuana Business, Collective, Cooperative or Dispensary in the City. (4059-5/15, 4058-6/15) D. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the City. E. Enforcement. 1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance. 2. Nothing in this article in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this article. Such additional remedies include, but are not limited to, injunctive relief or administrative citations. 204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries A. Purpose. In order to expressly inform the public that any sale or distribution of non-medical marijuana by Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc., however named is prohibited in the City of Huntington Beach, the City is adding this express prohibition to the Zoning and Subdivision Ordinance. B. Definitions. Unless otherwise specifically defined herein, the definitions contained within Adult Use of Marijuana Act shall apply to this Ordinance. 1. Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary means any location, structure, facility, vehicle, business, store, co-op, residence, HB -437-Item 21. - 12 2 or similar facility used, in full or in part, as a place at or in which marijuana (including marijuana for recreational use) is sold, traded, exchanged, bartered for in any way, made available, located, stored, displayed, placed or cultivated, including any of the foregoing if used in connection with the sale or distribution of non-medical marijuana. 2. Non-medical marijuana delivery means the commercial transfer of non-medical marijuana or non-medical marijuana products to a person, including any technology that enables persons to arrange for or facilitate the commercial transfer of non-medical marijuana or non-medical marijuana products. 3. Non-medical marijuana products means non-medical marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. C. Commercial Non-Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary or any other such business, no matter how so named, is not a permitted use in any zoning district or specific plan in the City. It shall be unlawful for any person or entity to own, manage, establish, conduct or operate a Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person to permit to be established, conducted, operated, owned or managed as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, any Commercial Non-Medical Marijuana Business, Collective, Cooperative or Dispensary in the City. D. Non-Medical Marijuana Deliveries. Delivery of non-medical marijuana is not a permitted use in any zoning district or specific plan in the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of non-medical marijuana deliveries. E. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the City. F. Enforcement. 1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance. 2. Nothing in this article in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this article. Such additional remedies include, but are not limited to, injunctive relief or administrative citations. 204.22 Non-Medical Marijuana Cultivation A. Purpose. The purpose and intent of this article is to regulate the cultivation of non-medical marijuana in a manner that protects the health, safety and welfare of the community. Health and Safety Code section 11362.2 authorizes the City to adopt reasonable regulations regarding the cultivation of non-medical marijuana inside a private residence or accessory structure to a private residence. That section also authorizes the City to completely prohibit the cultivation of non- HB -438-Item 21. - 13 3 medical marijuana outside, as long as the California Attorney General has not made a determination that the non-medical use of marijuana is lawful in California under federal law. The Attorney General has not made such a determination. This article is not intended to interfere with the right of an individual 21 years of age or older to possess or cultivate non-medical marijuana, as provided for by Proposition 64. This article is not intended to give any person independent legal authority to grow non-medical marijuana; it is intended simply to impose reasonable regulations on the cultivation of non-medical marijuana when cultivation is authorized by California law. Furthermore, it is the purpose and intent of this amendment to require that non-medical marijuana allowed to be cultivated pursuant to Proposition 64 only be done so in appropriately secured, enclosed, and ventilated structures, so as not to be visible to the general public; to provide for the health, safety and welfare of the public; to prevent odor created by non-medical marijuana plants from impacting adjacent properties; and to ensure that marijuana grown in the City remains secured. B. Definitions. For the purposes of this article, the following definitions shall apply unless the context clearly indicates otherwise. If a word is not defined in this article, and not otherwise defined in state law, the common and ordinary meaning of the word shall apply. 1. Cultivation means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof. 2. Fully enclosed and secure structure means a space within a building that complies with the applicable Building Code and Zoning and Subdivision Ordinance, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with non-transparent material. 3. Indoors means inside a fully enclosed and secure structure or within a residential structure. 4. Non-medical marijuana means marijuana that is intended to be used for non-medical purposes pursuant to Health and Safety Code section 111362.1 et seq. 5. Non-medical marijuana cultivation means the planting, growing, harvesting, drying or processing of non-medical marijuana plants or any part thereof pursuant to Health and Safety Code section 11362.1 et seq., as those sections may be amended from time to time. 6. Outdoors means any location within the City that is not within a fully enclosed and secure structure. 7. Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character. 8. Private residence means a house, an apartment unit, a mobile home or other similar dwelling. C. Cultivation of non-medical marijuana. The following regulations shall apply to the cultivation of non-medical marijuana within the City: HB -439-Item 21. - 14 4 1. Cultivation not in compliance with this article. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zoning district or specific plan in the City to cultivate non- medical marijuana except as provided for in this Code. No person other than an individual 21 years of age or older may engage in the cultivation of non-medical marijuana. 2. Outdoor cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having possession of any legal parcel or premises within any zoning district or specific plan in the City to cause or allow such parcel or premises to be used for the outdoor cultivation of non-medical marijuana. 3. Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited in all zoning districts and specific plans of the City, except for residential zones, mixed use zones, or in commercial zones, when such cultivation occurs on a parcel or premises with an approved private residence. All cultivation must be in compliance with this article and state law. 4. Indoor cultivation in private residence. The indoor cultivation of non-medical marijuana in a residential zone, mixed use zone, or in a commercial zone on a parcel or premises with an approved private residence, shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards: a. The primary use of the property shall be for a residence. Non-medical marijuana cultivation is prohibited as a home occupation. b. All areas used for cultivation of non-medical marijuana shall comply with the Huntington Beach Municipal Code including the Zoning and Subdivision Ordinance, as well as applicable law. c. Indoor grow lights shall not exceed 1,200 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the City. Lights shall be located away from combustible materials and a minimum of 30 inches from fire sprinklers. d. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of non-medical marijuana is prohibited. e. Any fully enclosed and secure structure or residential structure used for the cultivation of non-medical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with the Huntington Beach Municipal Code, including the Zoning and Subdivision Ordinance. f. A fully enclosed and secure structure used for the cultivation of non-medical marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot setback from any property line as well as any other applicable development standards of the zoning district. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring in a garage. g. Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation. HB -440-Item 21. - 15 5 h. Non-medical marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence. i. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for non-medical marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing. j. Cultivation of non-medical marijuana shall only take place on impervious surfaces. k. From a public right-of-way, there shall be no exterior evidence of non-medical marijuana cultivation occurring on the parcel. l. Non-medical marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 21 years of age. m. Written consent of the property owner to cultivate non-medical marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the Chief of Police or his/her designee. n. A 2A:10B:C portable fire extinguisher that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of non-medical marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs. D. Public Nuisance. Any use or condition caused or permitted to exist in violation of any of the provisions of this article is hereby declared a public nuisance and may be abated by the City. E. Enforcement. 1. Violation of this Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance is a public nuisance and may be enforced pursuant to the provisions of the Municipal Code including the Zoning and Subdivision Ordinance. 2. Nothing in this article in any way limits any other remedies that may be available to the City, or any penalty that may be imposed by the City, for violations of this article. Such additional remedies include, but are not limited to, injunctive relief or administrative citations. HB -441-Item 21. - 16 City of Huntington Beach Community Development Department STAFF REPORT TO: Planning Commission FROM: Scott Hess, AICP, Director of Community Development BY: Tess Nguyen, Associate Planner DATE: July 25, 2017 SUBJECT: ZONING TEXT AMENDMENT NO. 17-001 (NON-MEDICAL MARIJUANA) APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT OF ISSUE:  Zoning Text Amendment (ZTA) No. 17-001 request:  To amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to 1) amend Prohibited Uses section; 2) add a Prohibited Uses— Commercial Non-Medical Marijuana Businesses section to prohibit any sale or distribution of non-medical marijuana; 3) add a Prohibited Uses—Non-Medical Marijuana Deliveries section to prohibit the deliveries of non-medical marijuana; and 4) add a Cultivation of Non-Medical Marijuana section to regulate the cultivation of non-medical marijuana.  Staff Recommendation: Approve Zoning Text Amendment No. 17-001 based upon the following:  Allows the HBZSO to be consistent with state law which allows cities to entirely exclude facilities that sell and distribute non-medical marijuana, to prohibit the deliveries of non- medical marijuana, and to regulate the cultivation of non-medical marijuana.  Does not alter zoning on any property. RECOMMENDATION: Motion to: “Approve Zoning Text Amendment No. 17-001 with findings (Attachment No. 1) and forward Draft Ordinance (Attachment No. 2) to the City Council for adoption.” ALTERNATIVE ACTION(S); The Planning Commission may take alternative actions such as: A. “Deny Zoning Text Amendment No. 17-001 with findings for denial.” HB -442-Item 21. - 17 PC Staff Report – 07/25/17 2 (17sr28 ZTA 17-001) B. “Continue Zoning Text Amendment No. 17-001 and direct staff accordingly.” PROJECT PROPOSAL: Zoning Text Amendment No. 17-001 represents a request to amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance for the following sections: 1. Amend Section 204.18 Prohibited Uses 2. Add Section 204.20 Prohibited Uses—Commercial Non-Medical Marijuana Businesses to expressly prohibit any sale or distribution of non-medical marijuana. 3. Add Section 204.22 Prohibited Uses—Non-Medical Marijuana Deliveries to prohibit the deliveries of non-medical marijuana. 4. Add Section 204.24 Cultivation of Non-Medical Marijuana to regulate the cultivation of non- medical marijuana. Background: In November 2016, Proposition 64 was passed by California voters and the Adult Use of Marijuana Act was adopted. Proposition 64 legalized certain non-medical use of marijuana for individuals 21 years of age and older. The Act allows 1) adults 21 years and older to use, possess, purchase, and grow non-medical (recreational) marijuana; 2) local governments to ban non-medical marijuana businesses; and 3) local governments to regulate the cultivation of non-medical marijuana for personal use by adults 21 years and older and to ban outdoor cultivation as set forth in the Act. Study Session: The project was introduced to the Planning Commission (PC) on July 11, 2017, at a study session. The PC inquired about several project-related issues that are identified and expanded upon below: CEQA Exemption The Zoning Text Amendment is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. In 1997, the City Council adopted Resolution No. 4501 that included additional exemptions that are declared to be consistent with both the letter and intent of CEQA. Class 20 exemption applies to minor amendments to zoning ordinances that do not change the development standards intensity or density of such districts. Additional Nuisance Language The nuisance language in the Sections 204.18, 204.20, and 204.22 is intended to strengthen the ability to enforce these sections. Reason for Zoning Text Amendment The proposed Zoning Text Amendment for non-medical marijuana is being processed to clarify the City’s existing ban and regulate the cultivation of non-medical marijuana. HB -443-Item 21. - 18 PC Staff Report – 07/25/17 3 (17sr28 ZTA 17-001) California Attorney General Determination If the California Attorney General makes a determination that non-medical use of marijuana is lawful in California under federal law, the City would evaluate its implications before proposing any changes to Section 204.22 Non-Medical Marijuana Cultivation. Fire Code Requirements The following language was added to provided clarification specific to fire code requirements in Section 204.22.C.4: “Lights shall be located away from combustible materials and a minimum of 30 inches from fire sprinklers.” “A 2A:10B:C portable fire extinguisher that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of non-medical marijuana.” Need for Disclosure No disclosure requirements are proposed for children living in the home or visiting the home where non-medical marijuana is cultivated. Community Need According to the Police Department, other cities that have legalized non-medical marijuana, such as Colorado, have seen an increase in DUI arrests involving marijuana usage. Colorado also saw an increase in marijuana related hospitalizations and attribute an increase in homelessness to the appeal of legal marijuana. Organized crime has begun to infiltrate some of the cultivation businesses. The distribution of the product is primarily a cash business which has led to under-reporting of revenues. Locally, Huntington Beach has experienced problems with medical marijuana locations even though they are prohibited businesses by ordinance. There have been reports of robberies, thefts and attempted burglaries. It is reasonable to assume that commercial non-medical marijuana businesses and non-medical marijuana deliveries will have similar impacts. ISSUES: General Plan Conformance: The proposed Zoning Text Amendment is consistent with the goals of the City’s General Plan as follows: A. Land Use Element: Goal LU 7: Achieve a diversity of land uses that sustain the City’s economic viability, while maintaining the City’s environmental resources and scale and character. B. Public Facilities and Services Element: Goal PF 1: Protect the community from criminal activity, reduce the incidence of crime and provide other necessary services within the City. HB -444-Item 21. - 19 PC Staff Report – 07/25/17 4 (17sr28 ZTA 17-001) The proposed text amendment will protect the City from adverse impacts such as increases in criminal activities, vehicular and pedestrian traffic, and nuisances for adjacent properties. Zoning Compliance: Not applicable. Urban Design Guidelines Conformance: Not applicable. Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: This project would be considered a minor amendment to the City’s Local Coastal Program and will be forwarded to the California Coastal Commission with other minor amendments for certification. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: Not applicable. Public Notification: Legal notice was published in the Huntington Beach Wave on July 13, 2017. As of July 18, 2017, no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Not Applicable Legislative Action - Not Applicable ANALYSIS: The proposed Zoning Text Amendment was initiated to amend the HHZSO to expressly articulate the prohibition of any sale, distribution, and deliveries of non-medical marijuana in the City and to regulate the cultivation of non-medical marijuana. The draft ordinance (Attachment No. 2) and legislative draft (Attachment No. 3) provides the new language to be added to the HBZSO. The proposed Zoning Text Amendment prohibits outdoor cultivation of non-medical marijuana and imposes reasonable regulations on indoor cultivation of non-medical marijuana when cultivation is authorized by California law. The Adult Use of Marijuana Act allows adults 21 years and older to cultivate up to six marijuana plants for non-medical use. Pursuant to the proposed Section 204.22 Non-Medical Marijuana Cultivation, the indoor cultivation of non-medical marijuana is permitted at residential properties and shall comply with the following criteria: HB -445-Item 21. - 20 PC Staff Report – 07/25/17 5 (17sr28 ZTA 17-001)  within a fully enclosed or secure structure or within a residential structure  not visible to the general public  provide for the health, safety, and welfare of the public  prevent odor created by non-medical marijuana plants from impacting adjacent properties According to input provided by the Police Department, allowing non-medical marijuana businesses to operate in Huntington Beach would negatively impact the quality of life for the City’s residents, visitors, and businesses. The City has expended significant resources to enforce the prohibition of medical marijuana businesses. Staff time has been spent on tracking down property owners and business owners whom provide false information on business license and rental documents. Staff found significant modifications to building structures without proper permits or safety inspections. The modifications violated building and fire codes, creating an unsafe environment for employees, customers, and surrounding businesses. There has been incidents of crime, ranging from arson fire and armed robbery. Allowing non-medical marijuana businesses would further exacerbate the issues currently encountered from the operation of illegal dispensaries and collectives. Adopting the proposed zoning text amendment would support the City’s position of prohibiting all marijuana within the City. Staff recommends that the Planning Commission approve Zoning Text Amendment No. 17-001 and forward to the City Council for adoption. ATTACHMENTS: 1. Findings for Approval – Zoning Text Amendment No. 17-001 2. Draft Ordinance No. 4137 Amending HBZSO Chapter 204 by Amending Section 204.18 (Prohibited Uses) and Adding Section 204.20 (Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries) and Section 204.22 (Non-Medical Marijuana Cultivation) 3. Legislative Draft of Chapter 204 Use Classification SH:JJ:TN:kd HB -446-Item 21. - 21 PC Staff Report – 07/25/17 Attachment No. 1.1 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 17-001 SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 17-001: 1. Zoning Text Amendment No. 17-001 amends Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance to amend the Prohibited Uses section, add a Prohibited Uses—Commercial Non-Medical Marijuana Businesses and Deliveries section, and add a Non- Medical Marijuana Cultivation section. ZTA No. 17-001 is consistent with the goals, policies and objectives specified in the General Plan by expressly prohibiting commercial non-medical marijuana businesses and deliveries of non-medical marijuana and regulating the cultivation of non-medical marijuana while continuing to allow permitted uses. 2. In the case of the general land use provisions, the amendments proposed are compatible with the uses authorized in, and the standards prescribed for the Zoning districts for which they are proposed. The changes do not affect zoning of any property or the development standards thereof. 3. A community need is demonstrated for the proposed amendment to ensure that the HBZSO expressly prohibits any sale or distribution of non-medical marijuana in the City, prohibits the deliveries of non- medical marijuana, and regulates the cultivation of non-medical marijuana as allowed by state law. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Approval of Zoning Text Amendment No. 17-001 will ensure that commercial non-medical marijuana businesses and deliveries of non-medical marijuana are not allowed in the City and the cultivation of non-medical marijuana follows State regulations. HB -447-Item 21. - 22 NON-MEDICAL MARIJUANA ZONING TEXT AMENDMENT ZONING TEXT AMENDMENT NO. 17-001 August 21, 2017HB -448-Item 21. - 23 BACKGROUND –In November 2016, Proposition 64 was passed by California voters and the Adult Use of Marijuana Act was adopted –Proposition 64 legalized certain non-medical use of marijuana for individuals 21 years of age and olderHB -449-Item 21. - 24 BACKGROUND –The Act allows: adults 21 years or older to use, possess, purchase, and grow non-medical marijuana local governments to ban non-medical local governments to ban non-medical marijuana businesses local governments to regulate the cultivation of non-medical marijuana for personal use by adults 21 years and older and ban outdoor cultivation HB -450-Item 21. - 25 REQUEST ZONING TEXT AMENDMENT: –To amend Chapter 204 (Use Classifications) of the Huntington Beach Zoning and Subdivision the Huntington Beach Zoning and Subdivision Ordinance –To amend Section 204.18 Prohibited Uses to add the public nuisance and enforcement languageHB -451-Item 21. - 26 REQUEST ZONING TEXT AMENDMENT: –To add Section 204.20 Prohibited Uses— Commercial Non-Medical Marijuana Businesses Commercial Non-Medical Marijuana Businesses and Deliveries to prohibit any sale or distribution and deliveries of non-medical marijuana –To add Section 204.22 Non-Medical Marijuana Cultivation to regulate the cultivation of non- medical marijuanaHB -452-Item 21. - 27 PC RECOMMENDATION –Public hearing was held on July 25, 2017 –The Planning Commission recommended –The Planning Commission recommended approval of Zoning Text Amendment No. 17- 001HB -453-Item 21. - 28 ANALYSIS –Enhances the HBZSO by making the prohibition of non-medical marijuana sale, distribution, and deliveries and the regulation of non- medical marijuana cultivation clearer to the medical marijuana cultivation clearer to the public –Addresses the potential negative impacts of non-medical marijuana sale, distribution, deliveries, and cultivation –Regulates cultivation of up to six plants indoors within a residential structure or outdoors within a secured and enclosed structureHB -454-Item 21. - 29 RECOMMENDATION Staff and the Planning Commission recommend approval of the Zoning Text Amendment to amend Chapter 204 Use Classifications: –Allows the Zoning Ordinance to be consistent with state law, which allows cities to ban non- medical marijuana businesses and regulate the cultivation of non-medical marijuana –Does not alter zoning on any propertyHB -455-Item 21. - 30 Dept. ID ED 17-24 Page 1 of 3 Meeting Date: 8/21/2017 Statement of Issue: At their Study Session on April 3, 2017, the City Council recommended that the Downtown Business Improvement District (DTBID) retain the services of an outside, industry-specific consultant to review and evaluate the DTBID’s operations and structure, and provide recommendations to improve the functionality and professionalism of the organization to the benefit of its members. The review of the BID’s operations has been completed and the recommendations are presented for City Council review and consideration. Financial Impact: No fiscal impact. Recommended Action: A) Establish a Downtown BID Review Committee, appointed by City Council, or a City Council Ad- Hoc Sub-Committee to review and implement the IDA Report Recommendations.; and, B) Support the appointment of an interim CEO with specific downtown management experience to help implement the recommendations. Alternative Action(s): Do not create a Review Committee and direct staff as necessary. Analysis: The DTBID retained the services of the International Downtown Association (“IDA”) to provide an assessment of the DTBID based on standard industry performance expectations using best practice models and urban district practices for pubic-private organizations. The Advisory Panel was to provide a framework for options regarding the future of the DTBID examining downtown management, communications, programming, land use and physical development, administration and coordination. The IDA panel consisted of seasoned BID Executive Directors from Santa Monica, California Tempe, Arizona; Baltimore, Maryland and the President/CEO and Research Associate from IDA. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Business Development SUBJECT: Review and discussion of the International Downtown Association (IDA) Panel Recommendations June 2017 regarding the Downtown Business Improvement District (DTBID) HB -456-Item 22. - 1 Dept. ID ED 17-24 Page 2 of 3 Meeting Date: 8/21/2017 The IDA Advisory Panel worked with the steering committee, including representatives from the City and the DTBID, to conduct interviews with downtown and downtown-adjacent stakeholders. The 55+ interviews, background research, and analysis of downtown documentation informed the IDA Advisory Panel of the problems facing downtown and the recommendations that the DTBID will need to follow moving forward. With current revenue of over half a million dollars, the DTBID has grown in size and capacity. The IDA report articulates that hiring professional staff with leadership capabilities of resetting the management and direction of the BID is imperative. The panel believes an interim CEO to serve as a turn-around manager is needed and the right candidate will be experienced in downtown issues and the urban place management industry. The IDA Advisory Panel identified short-term and long-term recommendations to improve the DTBID: Immediate Recommendations (0-60 Days): • Proceed with renewal of the existing BID and election of BID board to maintain current services for the next year. Convene a town hall meeting to share findings of IDA Advisory Panel and help establish immediate trust for subsequent community visioning with increased transparency • In addition to backfilling existing vacant manager position who will be responsible for carrying on day to day operations, BID Board and city staff should work with the IDA Advisory Panel to secure an interim CEO with specific downtown management experience. The interim CEO will serve as the organization’s turnaround manager. Allocate up to $100,000 for a one-year contract and empower the CEO to lead implementation of the recommendations from both the IDA Advisory Panel and the City Financial Commission, as deemed appropriate. The position should be funded equally through the DTBID and City resources, and utilize a three-to-five person hiring committee with at least one representative from both the DTBID and the City. • Cancel the three-year term of the Surf City Nights manager and change the contract to month- to-month allowing for future leadership flexibility • Create a one-year DTBID work plan consisting of: Continuing current services and events, Board responsibilities, evaluating the Downtown Huntington Beach 2015-2016 Strategic Plan, establish policies to satisfy Brown Act requirements, curating a social media and communications strategy, and establish a vision for Downtown Huntington Beach BID. Short Term Recommendations (30-120 Days): • Review existing stakeholder vision, master or community plans to align priorities with partner organizations and reflect on the political climate to bridge divides and marginalize negative attitudes • Take Action (rather than call on the city to act): be hands on, nimble and quick to respond to issues affecting downtown. If the downtown will benefit from immediate, small and actionable adjustments, make them happen. Determine the specific improvements needed in the downtown to support the vision and serve the local businesses. (ex. Directory signage and wayfinding) HB -457-Item 22. - 2 Dept. ID ED 17-24 Page 3 of 3 Meeting Date: 8/21/2017 • Provide a goal statement and/or statement of purpose for each BID event and track all BID successes • Develop and define the brand narrative, marketing, and communications strategy for HBDBID, inclusive of the vision for Downtown In Parallel: Task Force Recommendations: (30 - 270 Days): • Consider establishing a Property Based Improvement District (PBID) • Establish a Downtown Visioning Task Force (separate and distinct from the BID board) consisting of downtown businesses, property owners, hoteliers, and city to review current and alternative governance structures and organizational framework. The Task Force will review the recommendation to move forward with the formation of a PBID and make the necessary changes for downtown. As a nonpolitical entity, the taskforce, appointed by the City Manager, will be comprised of major property owners in downtown • Create a Legacy Advisory Board for the PBID of long standing BID volunteers to ensure historical context and bridge political divides • Develop a comprehensive business plan, organizational structure, and long-term targets for capital resources needed to support a comprehensive vision of Downtown Huntington Beach to include current and future professional staff positions needed to implement a property based BID. Kathleen Rawson, President and CEO of Downtown Santa Monica Inc., will be in attendance to present the report. Environmental Status: Not Applicable Strategic Plan Goal: Strengthen Economic and Financial Sustainability Attachment(s): 1. IDA Advisory Services Panel Recommendations Executive Summary, Huntington Beach, CA June 2017 HB -458-Item 22. - 3 INTERNATIONAL DOWNTOWN ASSOCIATION 910 17TH STREET NW, SUITE 1050 WASHINGTON, DC 20006 203.393.6801 | DOWNTOWN.ORG IDA ADVISORY SERVICES PANEL RECOMMENDATIONS HUNTINGTON BEACH, CA JUNE 2017 1 | IDA Advisory Panel 2017 HB -459-Item 22. - 4 Table of Contents: About the Panel 3 Executive Summary 5 General Impressions of Downtown Huntington Beach 7 Vision and Strategy 8 Governance and Leadership 12 Program Priorities 14 Organizational Management 18 Appendix 20 - Sample Job Description 80 - Sample Comprehensive Qualifications 21 - Advisory Panel Presentation 24 - Downtown Santa Monica Bylaws 35 - Downtown Santa Monica Operational Plan 47 - Downtown Santa Monica Property Based Assessment District Summary 73 - Downtown Tempe Authority Safety and Ground Support Weekly Summary 77 - Downtown Santa Monica Operating Budget 81 - Downtown Santa Monica Marketing Report 86 - Downtown Santa Monica Operations Report 88 - POSTR Template 90 - Downtown Tempe POSTR Review 91 - Downtown Tempe Strategic Parking Plan 94 2 | IDA Advisory Panel 2017 HB -460-Item 22. - 5 Panel Chair Kathleen Rawson, President & CEO Downtown Santa Monica Inc. Santa Monica, CA Kathleen Rawson has more than 25 years of experience in both Hospitality and Destination Management. For the past 20 years, Kathleen has served as the CEO of Downtown Santa Monica, Inc. (formerly the Bayside District Corporation), a private/non-profit company contracted with the City of Santa Monica to manage programs to enhance the vitality of the District. The organization is charged with advising the City of Santa Monica on all issues related to the Downtown core. Downtown Santa Monica, Inc. is responsible for overall strategic planning, promotions and daily operations for the area. During her tenure, Kathleen has successfully transformed Downtown Santa Monica into the largest property based assessment district, by budget, in the State of California. With an annual budget of nearly $8 million, Downtown Santa Monica, Inc. provides Ambassador and Enhanced Maintenance programs as well as a comprehensive marketing program and annual event series. Kathleen currently serves as the treasurer of the International Downtown Association, is immediate past chair of the Santa Monica Malibu Education Foundation and just completed her term on the Venice Land Use and Planning Committee for the Venice Neighborhood Council. She served as president of Kehillat Israel Synagogue, and has served on a number of other social service agency boards in the locale. Panelists Kate Borders, Executive Director and President Downtown Tempe Authority Tempe, AZ Kate assumed the leadership position of the downtown Tempe enhanced services district in 2014. Her immediate vision for Downtown Tempe is to strengthen the voice of the organization and promote the district as the most urban destination in the Valley. Through collaborations with the downtown merchants, property owners, City leaders and ASU representatives, she is working to stimulate a renewal in the attention to Downtown Tempe. She relocated to Tempe from Fresno, CA where she was the President/CEO for the Downtown Fresno Partnership, a similarly structured business improvement district that is working to revitalize Downtown Fresno. Before joining the Downtown Fresno Partnership, Kate spent 7 years in Milwaukee, Wisconsin as the Executive Director of East Town Association, a membership-based organization that produces large-scale events that have transformed the local economy and stimulated the residential relocation to Downtown Milwaukee. Prior to her Milwaukee tenure, Kate was the Executive Director of the Peoria Art Guild in Peoria, Illinois. Kate is originally from South Carolina and she received her BA in Music from The University of Arizona and a Master’s Degree in non-profit Arts Management from Columbia College in Downtown Chicago. Today she enjoys living in this urban desert with her two daughters, Addison (9) and Sophia (7), and her husband Jason. Davon Barbour, Vice President of Economic Development Downtown Partnership of Baltimore, Inc. Baltimore, MD Davon Barbour, Vice President of Economic Development at the Downtown Partnership of Baltimore Inc., is a responsible for developing and directing programs designed to ensure that Downtown Baltimore is a healthy, vibrant area for businesses, residents, visitors and the real estate community. Previously, he served as Director for the City of Hollywood. Florida’s Department of Community and Economic Development and Assistant Director of the City of Orlando Downtown Development Board and Community Redevelopment Agency. Davon was also Manager of Economic Development for the Miami Downtown Development Agency. Davon, a native of Baltimore City, possesses over 15 years of progressive leadership in economic development and urban revitalization. He has worked for private sector, public sector, and non-profit organizations whose mission is to revitalize urban communities across the nation. 3 | IDA Advisory Panel 2017 HB -461-Item 22. - 6 David T. Downey, CAE, President and CEO International Downtown Association Washington, DC A 20-year association professional, David is an accomplished not-for-profit leader in the community building industry. At IDA, David provides overall strategic direction and drives success toward the organization’s vision to build a world full of vital and livable urban centers. Prior to IDA, David served as the Managing Director of the Center for Communities by Design at the American Institute of Architects and as Executive Director for the Michigan Society of Planning. He currently serves on the Board of directors for both the Mount Vernon Triangle BID and the Responsible Hospitality Institute (RHI). David has been a city advocate since 1989 receiving his degree in Architecture and Design with a focus on Urban Design from Lawrence Technological University. David and his wife Margie live in northern Virginia with their three sons Connor, Liam, and Declan. Faith Broderick, Research Associate International Downtown Association Washington, DC Faith Broderick joined the IDA team in May 2016, beginning as an intern in the Research Department prior to becoming a Research Associate. Faith collaborates on in-house research initiatives involving both the urban place management industry and the downtown champions that comprise it. Faith is currently completing her Master’s Degree from Georgetown University in Urban and Regional Planning, and holds a B.A. from Brandeis University in Waltham, MA in International Global Studies and Politics. Faith comes to IDA after interning at DC’s start-up incubator 1776, where she worked on the Urban Innovation Coalition connecting agencies to startups to shape smarter cities. International Downtown Association The International Downtown Association is the premier organization for urban place professionals who are shaping and activating dynamic city center districts. Our members are downtown champions who bring urban centers to life, bridging the gap between the public and private sectors. We represent an industry of more than 2,500 place management organizations, employing 100,000 people throughout North America and growing rapidly around the world. Founded in 1954, IDA is a resource center for ideas and innovative best practices in urban place management. For more information, visit www.downtown.org. 4 | IDA Advisory Panel 2017 HB -462-Item 22. - 7 Executive Summary: Downtown Huntington Beach is an authentic downtown with a rich history and heritage, strong physical infrastructure and cultural assets, a tightly-knit enthusiastic community, and an attractive and growing market for private investment. Downtown Huntington Beach is strongly positioned to have a flourishing downtown; however, the downtown has been stymied by negative perceptions, competition from surrounding retail markets and neighboring beach communities. The Huntington Beach Downtown Business Improvement District is uniquely positioned to leverage the assets of Downtown Huntington Beach – making downtown an attractive place to live, work, play, visit, and experience for residents, retailors, business owners, tourists and the like. The IDA Advisory Panel worked with the steering committee, having representatives from the city and BID, to conduct interviews with downtown and downtown adjacent stakeholders. The 55+ interviews, background research, and analysis of downtown documentation informed the IDA Advisory Panel of the problems facing downtown and the recommendations that the Downtown BID will need to follow moving forward. The BID should create, with buy-in and participation from stakeholders, a vision statement to guide the work of the BID and strategically address the needs, concerns, and growth of downtown. This vision statement should clearly articulate the measure of success for the downtown and role of the BID organization. A strategic plan will then establish the goals and objectives the BID must engage in, while articulating the roles and responsibilities that BID board members, BID staff and city officials must engage in necessary to accomplish said goals. The governance structure of the BID should be streamlined to create efficiencies regarding BID leadership terms and bylaw modifications, unencumbered by city constraints, and have clearly defined roles and responsibilities for the management of the Huntington Beach Downtown BID. All BID programs, improvements and subsequent marketing efforts should promote and reiterate the BIDs work on behalf of its constituents and stakeholders. Improvements must be tracked and incorporated in all messaging campaigns. All events should be in-line with the vision of the BID. With current revenue of over half a million dollars, the BID has grown in size and capacity. Hiring professional staff with leadership capabilities of resetting the management and direction of the BID is imperative. The panel believes an interim CEO to serve as a turn-around manager is needed and the right candidate will be experienced in downtown issues and the urban place management industry. To help achieve these goals, HBDBID should utilize programs offered through a complimentary 6-month membership with the International Downtown Association and a discounted conference rate for all Huntington Beach Staff. The IDA Advisory Panel recommends the following steps be taken to address the current conditions the Huntington Beach Downtown Business Improvement District is facing. Recommendations: Immediate Recommendations (0-60 Days): •Proceed with renewal of the existing BID and election of BID board to maintain current services for the next year. Convene a town hall meeting to share findings of IDA Advisory Panel and help establish immediate trust for subsequent community visioning with increased transparency •In addition to backfilling existing vacant manager position who will be responsible for carrying on day to day operations, BID board and city staff should work with the IDA Advisory Panel to secure an interim CEO with specific downtown management experience. The interim CEO will serve as the organizations turnaround manageri. Allocate up to $100,000 for a one-year contract and empower the CEO to lead implementation of both the IDA Advisory Panel and the City Financial Commission recommendations as deemed appropriate. The position should be funded equally through BID and City resources and utilize a three to five person hiring committee with at least one representative from both the BID and the city •Cancel the three-year term of Surf City Nights manager and change the contract to month-to-month allowing for future leadership flexibility •Create a one-year BID workplan consisting of: continuing current services and events, board responsibilities, evaluating the Downtown Huntington Beach 2015-2016 Strategic Plan, establish policies to satisfy Brown Act 5 | IDA Advisory Panel 2017 HB -463-Item 22. - 8 requirements, curating a social media and communications strategy, and establish a vision for Downtown Huntington Beach BID Short Term Recommendations (30-120 Days): •Review existing stakeholder’ vision, master or community plans to align priorities with partner organizations and reflect on the political climate to bridge divides and marginalize negative attitudes •Take Action (rather than call on the city to act): be hands on, nimble and quick to respond to issues affecting downtown. If the downtown will benefit from immediate, small and actionable adjustments, make them happen. Determine the specific improvements needed in the downtown to support the vision and serve the local businesses. (ex. Directory signage and wayfinding) •Provide a goal statement and/or statement of purpose for each BID event and track all BID successes •Develop and define the brand narrative, marketing, and communications strategy for HBDBID, inclusive of the vision for Downtown In Parallel: Task Force Recommendations: (30 - 270 Days): •Establish a Property Based Improvement District (PBID) •Establish a Downtown Visioning Task Force (separate and distinct from the BID board) consisting of downtown businesses, property owners, hoteliers, and city to review current and alternative governance structures and organizational framework. The taskforce will review the recommendation to move forward with the formation of a PBID and make the necessary changes for downtown. As a nonpolitical entity, the taskforce, appointed by the City Manager, will be comprised of major property owners in downtown •Create a Legacy Advisory Board for the PBID of long standing BID volunteers to ensure historical context and bridge political divides •Develop a comprehensive business plan, organizational structure and long-term targets for capital resources needed to support a comprehensive vision of Downtown Huntington Beach to include current and future professional staff positions needed to implement a property based BID 6 | IDA Advisory Panel 2017 HB -464-Item 22. - 9 General Impressions: Downtown Huntington Beach is an authentic downtown with a rich history and heritage, strong physical infrastructure and cultural assets, a tightly-knit enthusiastic community, and an attractive and growing market for private investment. Downtown Huntington Beach is strongly positioned to have a flourishing downtown; however, the downtown has been stymied by negative perceptions, competition from surrounding retail markets and neighboring beach communities. The Huntington Beach Downtown Business Improvement District is uniquely positioned to leverage the assets of Downtown Huntington Beach – making downtown an attractive place to live, work, play, visit, and experience for residents, retailors, tourists and the like. Huntington Beach is best known for its affiliation with surfing and beach culture, dubbing the title Surf City. The downtown brand is pervasive and rich in history – being the heart of surf city – Huntington Beach is an authentic, true to its cultural heritage downtown. The history of Huntington Beach dictates the present-day environment, attracting surfers and tourists in search of the beach, a laid-back lifestyle, and the panache that Downtown Huntington Beach offers. The city itself is home to 200,000, but serves over 4 million tourists coming from outside of Orange County, CA. Huntington Beach is home to a tight-knit community, while being a destination for a global audience. Downtown has also become attractive to California residents living inland, outside of Huntington Beach. Huntington Beach is referred to by locals as being the “smallest big city” in America. The downtown is comprised of local retailers that are owned and operated by Huntington Beach residents. This tight-knit community is both a boon and a detriment to the management of downtown. Many retail establishments have been passed down through multiple generations, showing the investment and dedication that residents and retailers have for downtown. Conversely, long-time residents have become disenfranchised with downtown initiatives and are concerned that downtown initiatives are no longer serving their needs. At the center of Downtown Huntington Beach is Main Street, which acts as the downtown’s spine. Main Street connects residents, community members, and tourists directly to the city’s pier and beach as well as connects to tertiary retail markets such as 5th and PCH and Pacific City. Main Street is a well-established retail corridor with wide clean sidewalks, fountains, benches and public amenities, parking facilities, and public restrooms. The Downtown is rich with assets outside of Main Street including close proximity to the ocean, a well-maintained pier, a growing hospitality industry and an influx in private investment. Huntington Beach has experienced growth, attracting new tourists and community members to downtown while simultaneously providing people with the opportunity to spend their time and money in tertiary retail markets outside of the traditional downtown. The growth that downtown has attracted in recent years has produced nominal changes in downtown. This has caused residents and stakeholders to grow concerned that downtown is attracting an audience that is less invested in preserving the authenticity of Downtown Huntington Beach. However, upon observations and interviews with downtown stakeholders, the panel detected misperceptions of downtown fueled by negative sentiments and misinformation regarding the downtown environment. For instance, popular rhetoric pointed to downtown being unsafe and that homelessness was a major issue, however, Huntington Beach has a crime rate that is 8% lower than the national average 1 and a homeless population that represents 0.14% of the city’s overall population 2. Downtown Huntington Beach has enviable assets and strengths to support a flourishing, vibrant downtown experience. Certain impediments, such as disillusioned residents, retailers and insidious negativity surrounding downtown has made it difficult for Downtown Huntington Beach and the BID to capitalize on their inherent assets. The purpose of this report is to provide a framework that will provide the BID with a strategy forward – giving them the tools and tactics to lead and manage Huntington Beach in the most effective and productive way by strengthening the current BID and positioning them to leverage downtown’s assets and harness its growth while addressing the unique opportunities and challenges currently present. 1 http://www.areavibes.com/huntington+beach-ca/crime/ 2 http://www.huntingtonbeachca.gov/government/boards_commissions/pdf-files/addressing-homelessness-in-huntingtonbeach- presentation.pdf 7 | IDA Advisory Panel 2017 HB -465-Item 22. - 10 Vision and Strategy: The BID should create, with buy-in and participation from stakeholders, a vision statement that guides the work of the BID and strategically addresses the needs, concerns, and growth of downtown. This vision statement should clearly establish the goals and objectives that the BID must engage in, while articulating the roles and responsibilities that BID Board Members, BID Staff and City Officials necessary to accomplish said goals. Downtown Huntington Beach is uniquely positioned to offer the authentic “casual-cool Southern California surfing experience”. Stakeholder interviews revealed a collective frustration in the lack of leadership and cohesive strategy to address the unique challenges and opportunities present in Downtown Huntington Beach. One stakeholder stated: “The BID should be viewed as a value-add rather a cost of business.” This statement represents the call to action that many stakeholders seek. Without a clear plan of action, it will be difficult to engage stakeholders in a meaningful dialogue that results in shared outcomes. Stakeholders will be excited to participate in realizing the shared vision of a great downtown. This vision plan should answer the following questions: • What is our brand identity? • Who is the target audience for downtown and specific events (i.e. residents, visitors or tourists) and their proportion? • How will events generate sales for downtown merchants? • Who must be engaged to minimize traffic disruption to merchants and residents? • How can the BID connect new businesses to area residents? • What new business opportunities can be created by this vision? • What is the condition of infrastructure in the area? • How do we communicate to the public and stakeholders? • How can we work with local agencies in an effective manor? • How can we best position the downtown to both react to and drive the future growth of Huntington Beach? The vision plan should clearly articulate roles and responsibilities. While Huntington Beach Downtown BID is the lead organization advocating for Downtown, the overall high-quality experience is achieved in partnership with public, private and non-profit stakeholders. In short, the BID should continuously ask itself: “Who can help us get this done?” No successful BID works in a silo. Limited resources necessitate strategic partnerships that yield measurable outcomes. Several case studies are provided in this report to illustrate the importance of adopting a community vision plan. Recommendations: Short Term: • Proceed with renewal of the existing BID to maintain current services • Convene a public meeting(s) to share findings of IDA Advisory Panel to help establish immediate trust for subsequent community visioning • Utilize programs offered through complimentary 6-month membership to the International Downtown Association, such as IDEA Connection to share best practices with other BID members • Consider city staff and BID staff and/or BID attendance at the upcoming IDA Annual Conference to network with other BID and economic development professionals • Update BID website to communicate the purpose of the BID’s formation in a manner that communicates a positive vision for Downtown Huntington Beach Long Term: • Immediately re-evaluate the Downtown Huntington Beach 2015-2016 Strategic Plan to assess progress • Review existing vision, master and community plans to align shared priorities with partner organizations and entities. Establish a long-range vision plan for Downtown Huntington Beach in a transparent manner that is informed by a broad community of stakeholders 8 | IDA Advisory Panel 2017 HB -466-Item 22. - 11 Case Studies: Hollywood, Florida: The City of Hollywood is a beachfront community located in Broward County, Florida midway between Miami and Fort Lauderdale. Hollywood is approximately 30 square miles in size with a population of roughly 143,000 residents. Hollywood has seven miles of beach. The Hollywood Beach Broadwalk is a promenade that stretches nearly 2.5 miles along the Atlantic Ocean. Named one of America's Best Beach Boardwalks by Travel + Leisure magazine 3, this brick-paved broadwalk hosts pedestrians, joggers, bicyclists, rollerbladers, and millions of tourists and residents every year. Hollywood Beach offers dozens of luxury hotels and condominiums. The Hollywood Beach Community Redevelopment Agency (CRA) was created in 1997 and consists of 293 acres along the Atlantic Ocean. The Hollywood City Commission, the City’s legislative body, also serves as the Board of Directors for the CRA. The vision for the Hollywood Beach CRA is as follows: “It’s 2027 and Hollywood Beach has evolved into a world-class coastal destination without losing its funky Florida beach town character. Our beautiful beach and historic Broadwalk are still the main attraction, and there are many fun and convenient ways to enjoy Hollywood’s tropical maritime environment. A wide range of lodging options allows visitors to choose between small boutique hotels and larger resorts. Hollywood Beach is more pedestrian- friendly than ever and a catalogue of green transportation choices make it easy and safe to get around. Hollywood Beach’s preserved natural resources have become a significant eco-tourism draw and have distinguished it from more built-out neighboring cities. Marine research and education has also grown into an important industry. The Intracoastal Waterway has matured into its own unique boating, dockside dining and recreational corridor. The historic Hollywood Beach Resort has been spectacularly restored to its original glory and the ramp system at A1A and Hollywood Boulevard has been redesigned to liberate the property’s original grounds and provide easy access to the complex. A1A itself is newly reconstructed and functioning as the main street of the beach with wider sidewalks, buffered from traffic by landscaping which has been accommodated by undergrounding the overhead transmission lines. Hollywood Beach has resumed its historic role as the city’s most iconic tourism district and its most important economic engine.” Like Huntington Beach, the City of Hollywood strives to provide a high-quality guest experience to visitors, while not allowing guests to negatively impact quality of life for its residents. Hollywood was experiencing new private development and consequently growing pains. Lack of parking due to beach visitor demand was a constant resident concern. With the arrival of a major resort, the parking problem and affordability would certainly be exacerbated. In September 2015, the City of Hollywood welcomed the new Margaritaville Beach Resort, which was the result of a public-private partnership. In response to resident concerns about the availability of affordable parking on the city’s beach, in early 2017, the Hollywood City Commission, adopted a discounted parking program for residents 4. Beach visitors pay a 50% higher rate for parking. The opening of the Margaritaville Beach Resort generated a secondary benefit. It motivated long time property owners and businesses to reposition themselves to take advantage of new market opportunities and visitors. Property owners rehabilitated building façades improvements. Local merchants upgraded their product offerings. The Hollywood Beach Community Redevelopment Agency provided financial assistance through its Façade Improvement Grants to assist property owners make these important upgrades. Similar to the new developments at Pacific City in Huntington Beach, downtown businesses have an opportunity to take advantage of market growth and reposition themselves as the heart and soul of Huntington Beach. As the leading downtown champion, the BID’s vision should encompass both mission and goals that leverage new market opportunities and enhance the downtown business environment as well as prioritize resident’s quality of life. These goals should be articulated in the downtown’s vision statement. Reference Documents: • Hollywood Beach Master Plan • Hollywood Beach Redevelopment Plan • Hollywood Beach Redevelopment Plan Summary • Hollywood Beach CRA Strategic Plan • Hollywood Beach Capital Improvement Plan 3 http://www.travelandleisure.com/slideshows/americas-best-beach-boardwalks/4 4 http://www.hollywoodfl.org/1043/Resident-Parking-Rate 9 | IDA Advisory Panel 2017 HB -467-Item 22. - 12 Downtown Baltimore, Maryland: Downtown Partnership of Baltimore, Inc. (DPOB), a 501c3 non-profit, oversees the Downtown Management Authority (DMA), Baltimore’s oldest and largest business improvement district (BID). Its programs – including its uniformed operations teams of Downtown Baltimore Guides, Clean Sweep Ambassadors, and Park Stewards – make the 106-block DMA district more attractive, vibrant, and hospitable. Commercial property owners in the DMA fund these services through an annual surcharge of 22.39 cents per $100 of assessed property value. In the wake of the 2008 economic downturn, DPOB, authored its 2011 Strategic Plan to establish a road map for the long-term success of the area. One priority of the plan was to increase the residential population within downtown. Increasing the City’s overall population was also a shared vision of then-Baltimore Mayor Stephanie Rawlings-Blake. To accomplish this task, the DPOB successfully partnered with the City of Baltimore to establish the High Performance Market Rate Rental Tax Credit to facilitate the adaptive re-use of underutilized commercial properties into multifamily rental properties. This collaborative economic development tool has yielded thousands of new residents and apartments and residents to Downtown Baltimore. Additionally, the BID measures and reports population trends in its annual State of Downtown Report, which is distributed to the public. Moreover, DPOB’s programs and projects are executed with the clear goal of fulfilling the broad strategies outlined in its Strategic Plan. Currently, the DPOB is guided by their vision statement: “Downtown Baltimore will be the center of the Baltimore metropolitan region in all respects – business, residential, retail, tourism, education, medicine, and government. It will be a dense, mixed-use district with new residents who will continue to add vibrancy and attract retail, restaurants, and entertainment venues. The street-level experience will be dynamic, safe, and seamlessly positive -- from one end of Downtown to the other – and people will be drawn to our world-class harbor and our engaging and pleasant open spaces.” Additionally, this vision is augmented with the establishment of guiding principles that are as follows: • New residents are critical to generating activity, day and night, and to bringing life to older buildings. • Downtown must offer superior quality of life on par with the best downtowns in the country. • Downtown must remain the premier commercial center of the Region. • Open spaces – of the highest quality and filled with activity – are economic catalysts. • Downtown must create a transformative public space in the historic core. • Improved physical connections must be made from areas of strength into the core of Downtown. Streetscaping and ground-level building spaces should activate every block and encourage pedestrians to explore. • Downtown must be clean, inviting, and safe. • A diverse economy and population are the backbone of future success. • Future development and transportation decisions must focus on sustainability. • Urban design shall embrace modernity, while respecting historic buildings when feasible. Like the DPOB, the Huntington Beach Downtown Business Improvement District should work alongside the city to address growing concerns facing downtown, whether it be crime, safety, homelessness, cleanliness, economic development, etc. Having a shared vision and partnership with the city will grant the BID the authority to execute the strategies needed to accomplish downtown and city-wide goals. Reference Documents: • 2011 Strategic Plan • Media Coverage 10 | IDA Advisory Panel 2017 HB -468-Item 22. - 13 Downtown Orlando, Florida: Downtown Orlando is led by its Downtown Development Board (DDB) whose mission is to strengthen the role of Downtown Orlando as the economic, governmental and cultural center of Central Florida. The DDB is responsible for the planning, implementation and administration of the City’s core area redevelopment and development program. The agency was created by a special act of the Florida legislature in 1971 and is charged with the revitalization of the City’s downtown. The agency is led by a five-member board, which meets monthly to ensure projects and initiatives are implemented within the 1,000-acre boundary. DDB’s Downtown Outlook Plan and Downtown Vision Plan provide a clear roadmap for achieving and maintaining vibrancy in downtown. Major expenses are tied to specific strategies as specified in the documents. Additionally, the plans identify the specific roles of the agency and its partners. The clear definition of the role of downtown to the regional economy has yielded substantial accomplishments including a commuter rail system jointly funded by seven counties, an entertainment center, soccer stadium and a performing arts center. In 2014, DDB led a bold visioning process called Project DTO with community stakeholders to establish the long-term identity of the City’s core. The vision plan focused on the following themes: • An Awesome Outdoor City • Highly Connected Neighborhoods and Districts • The Best Education in Florida • A Great Place for Business • A Creator Culture • An Iconic Visual Identity • Stellar Music, Arts, Sports and Entertainment • A Community that Takes Care of its Own • Celebrate our Diverse Culture and Heritage • A City Built for the Future Of relevance to the community of Huntington Beach is the City of Orlando’s recent efforts to address its nighttime economy, which is driven by an abundance of bars and nightclubs within the City’s core office district. Like the DDB’s Downtown Outlook Plan and Downtown Vision Plan, the Huntington Beach Downtown Business Improvement District, being the authority on downtown, has the opportunity to craft and articulate a long-range strategic plan and vision for downtown, emphasizing enhancing vibrancy, harnessing the nighttime economy, cleanliness of downtown, and other key components for maintaining downtown. Reference Documents: • Project DTO • Downtown Outlook • Downtown Nightclubs Task Force Presentation 11 | IDA Advisory Panel 2017 HB -469-Item 22. - 14 Governance and Leadership: Governance: The governance structure of the BID should be streamlined to create efficiencies regarding BID terms and bylaw modifications, unencumbered by city constraints, and have clearly defined roles and responsibilities for the management of Downtown Huntington Beach. The current Downtown BID Governance model has become ineffective. The organization has not grown with the community. While Downtown Huntington Beach is an asset with immense historical capital, the area around the Downtown has surpassed Downtown’s sophistication. Key players are not at the table, such as downtown property owners and there is significant apathy amongst business owners. Downtown Huntington Beach should consider a Property Based Business Improvement District (PBID) that ensures longer term stability, true leadership on both a Board and Staff level and enough funds to create meaningful programs and support the City’s clean and safe efforts. BID Term: Because the BID has to be renewed every year, the staff and Board of the BID, as well as City Staff, spend an inordinate amount of time on the process. Annual renewals are generally not considered best practice in the industry, as the urban place management organization cannot focus on long term goals and objectives when the life span of the BID is 12 months or less. This creates an environment of short term wins and never gives the organization the ability to focus on deep seated problems. Bylaws: The BID in Downtown Huntington Beach has bylaws that are not specific to the organization, but are instead generic bylaws too cumbersome for the organization. Requiring a 51% positive vote by the entire membership for a bylaw modification, for example, is overly burdensome. Relationship Between the City and the BID: Due to increased political pressures, the city has become very entrenched with the BID. There are good reasons for the city to be concerned about the BID, specifically with administration and leadership. However, the city must sever its restraints on the BID to allow it to progress through the next year. For example, the Brown Act should be applied in a manner that ensures transparency, while still allowing the BID to function. Simplifying the process and taking examples from other communities (see appendix) will address this issue. The City Attorney cannot be the attorney that represents the BID. The BID must have its own representation, as it has a 501c6 status, and is therefore independent from the organization. Similarly, the BID and city must understand who indemnifies whom when the BID holds special events or manages city assets. Again, it is with great caution that this issue should be addressed to not overburden the BID with bureaucracy, but to ensure both parties are equally protected. Services Agreement with the City: The BID and city must have a defined contractual agreement clearly outlining the roles and responsibilities of the BID organization and the city. This is crucial for the BID to be successful. Currently there are agreements only for specific tasks, but not for the organization as a whole. Leadership: BID leadership should be clearly defined. Roles, responsibilities, and reporting duties should be universally understood and should be organized in such a way that empowers members of the staff and the board, while creating organizational efficiencies. The Downtown BID struggles with conflicting priorities, divided leadership, outside relentless gadflies, and city interventions. This scenario creates an atmosphere of distrust and chaos, continually undermining the organization and its leaders. In addition, due to the political climate and other organizational challenges, the BID has been unable to attract and retain fresh, new and invested leadership resulting in claims of nepotism. BID Board v. Staff: There is no clear distinction of the role of a board member and that of a staff member. Roles and responsibilities need to be clearly defined. The staff has no authority to implement programs, yet the board is clearly divided along 12 | IDA Advisory Panel 2017 HB -470-Item 22. - 15 political lines resulting no room for positive discourse and direction. Therefore, the roles of board members and staff members must be clearly defined and authority must be articulated. The organization’s vision, work and budget for the upcoming year must be adopted by the board and the staff must be enabled and empowered to implement those policies. Amongst staff, the chain of command should be linear and reporting and delegating should be consistent with roles and responsibilities. Developing Leadership: The organization must develop leadership and inclusion of more stakeholders to avoid claims of nepotism, but more importantly, to widen the conversation and the influence of the BID. Downtown property owners, hoteliers, and a broader base of downtown businesses must be engaged to re-imagine the downtown organization. This work will be challenging, and will take leaders from all sides to positively frame the conversation. There is good reason for optimism, and that needs to be shared with the broader stakeholder community to get them enthusiastic about participating. Encouraging more dialogue with a wider base will only make achieving optimistic outcomes more tangible. Staff Leadership: Addressed in another section of this report is the need for new, qualified leadership. While an interim executive is what is needed for the short term, it is also imperative that the organization grows into a key leadership role to support and protect the Downtown at every level. Divided staff leadership is a fundamental flaw in the organization, and one that needs to be addressed on both a short-term and long-term basis. Currently your two key managers do not have equal footing, have been successful in fueling the political divide, and have inconsistent levels of authority with one manager being questioned at every turn and the other with absolute autonomy. Recommendations: Short Term Recommendations: • Renew the BID for one year with very defined and specific obligations • Conduct Board Elections with very clear roles and responsibilities for the Board/staff • Establish policies and procedures for Board members and staff in conjunction with the City to satisfy Brown Act requirements while allowing work to proceed. • Cancel the three-year term of your Surf City Nights producer and put her on a month to month contract to allow for future leadership flexibility • Establish a Downtown Task Force (separate from BID) to review current and alternative governance structures, such as a Property Based Improvement District (PBID) and organizational framework consisting of Downtown businesses, property owners, hoteliers, and City • Reflect on the political climate, make efforts to bridge divides and marginalize negative people and attitudes. Long Term Recommendations: • Establish a Property Based Improvement District (PBID) • Create a Legacy Advisory Board for the new PBID of long standing BID volunteers to ensure historical context and bridge political divides • Hire a professional staff • Consider restructuring current bylaws to be specific for Huntington Beach and provide more flexibility and efficiency 13 | IDA Advisory Panel 2017 HB -471-Item 22. - 16 Program Priorities: Marketing: All improvements and subsequent marketing efforts should promote and reiterate the BIDs work to stakeholders. Improvements must be tracked and incorporated in all messaging campaigns. All events should be in-line with the vision of the BID. Marketing is a way to influence people to change their behaviors. Branding is a way to capitalize on the strengths of a place and gradually change perceptions. Put another way, branding is what people say about you when you aren’t there and marketing is what you do about it. Both Huntington Beach and the BID are lacking a clear vision and voice for the place. The brand of downtown is currently not where it needs to be. All improvements in downtown including signage, lighting, cleanliness, and safety will all help repair the brand. Marketing will communicate the successes in a strategic way. Groups often begin with the tactics first (like creating a weekly event) instead of understanding the objectives and investigating strategic options for reaching those objectives. “We need Surf City Nights” or “Let’s do an Art Walk” are the results of starting with tactics first. “We need a newsletter” for instance, isn’t one of the organizations objectives it is a product or tactic. If the objective is to better communicate the activities and value of the BID, you must first consider your audience to determine whether a newsletter or a social media program will be more effective. Before any marketing tactics and strategies can be determined, we must begin with who we are addressing. The BID should identify and define their target audience(s), determine where they get their information, who they listen to, where they live, what their discretionary income is, etc. For example, if the people you need to reach are residents, the objective may be to get them downtown more often. The strategy may be a weekly Tuesday night event, the tactics are the marketing tools used (social media/newsletters) and the results are tracking attendance of the specific target market. However, currently the BID is producing a highly attended weekly event without knowing what the desired outcome is and if the event is achieving that goal. Who are you communicating with and how are you communicating with them? The BID should consider implementing an engagement model called POSTR (see Appendix): • People • Objectives • Strategies • Tactics • Results When launching a POSTR assessment, adequate time needs to be dedicated to identifying the audience. The Downtown Tempe Authority defined the target audience and took time to get to know them and their habits. It is important to know if you already have an engaged group without having to market directly towards them. You need to engage the people that you want to become customers who may not be currently. Understanding your audience and who within your audience is already engaged or needs to be engaged will help you identify the PEOPLE in your POSTR analysis. After you have defined who you need to be addressing and what your objectives are for reaching those people, you will have a clearer idea of what you need to do from a marketing perspective. Events: Events are strategies to reach objectives. The event schedule and type are dictated by identifying your target audience, their needs, habits, and unfulfilled desires. Each event produced by the BID should have a purpose that is in accordance with the stated objectives, vision, mission and goals of the BID. Events have become a method for connecting people to downtown. Often downtown organizations find events are easily understood and rationalized by stakeholders, if we hold a monthly art walk, people will come downtown and eat at our restaurants. The problem is often (as mentioned above) this engages stakeholders in a conversation that does not address the root of the issue or the BIDs objective. Are there other reasons people aren’t coming to restaurants? How is the walkability to the various art walk destinations? Is there enough of a cultural presence? Who are we attracting? Is our target audience interested in art? Is our target audience looking for an event like this? 14 | IDA Advisory Panel 2017 HB -472-Item 22. - 17 Events have to start with the people and then move into the objectives that are trying to be met. Once that is established, the entire event calendar should be reviewed to best meet the needs of the community throughout different times of year. Additionally, events should have defined goals or outcomes before they ever begin. Some events are conceived simply to raise funds so the revenue can be used for other BID programming. Some events are focused on the local customer in an attempt to emotionally connect them to a place (holiday parades, tree lighting ceremonies, etc.). Other events are intended to change perceptions of a place or introduce new assets to the community. Regardless of the purpose, it must be understood by all and communicated clearly. If an event is a moneymaker that creates funding for other amenities, then it doesn’t necessarily have to utilize local merchants. If it is intended to bring business to the merchants, then outside vendors would be counterproductive. The stated purpose for each event (or type of event) must be clearly articulated to stakeholder groups to gain buy-in and support as well as be transparent of the events purpose. Finally, it is crucial that all event successes are documented. What is the actual attendance, where are the attendees coming from, how many are having dinner in downtown, how many are staying in hotels, etc. These metrics tell the story of the economic impact of an event and create a value proposition. Fiscally, if an event is successful, then the net revenue needs to have a plan as well. Social Media: Social Media is a tactic to help reach objectives. Understanding your objectives and online strategy, it will be more apparent when and how you should respond to criticisms online and when it should be taken offline. Ultimately a social media strategy will be a tactic for a well thought out marketing campaign. It is conceivable that the negative rants on social media may not be as relevant as you believe them to be. If the people you are trying to reach are residents at large and they aren’t on the forums that are cluttered with the negative comments, then there may be less damage control than currently assumed. Newsletters and Outreach: Newsletters and magazine ads are also tactics. Currently the marketing efforts appear to be haphazard without a connection to an overarching objective. The marketing efforts are geared toward events only, rather than any general plan to engage with the downtown. Most notably the visual design of all marketing appears haphazard and does not convey a unified brand identity for the downtown or the BID. It’s not clear whether advertising efforts currently are geared toward residents, visitors, or simply appeasing merchants. It is also not clear if current marketing campaigns have a combined objective. When looking at the newsletters, there is no sense as to who they are geared towards. Are they a tool to communicate with your stakeholders or are they going to members of the public who opt in wanting information about downtown? The newsletters have too much visual stimulation and any reader will get ad fatigue quickly. In an attempt to include every merchant’s special and promotion, the information overload is likely making it so that nothing is actually seen. The strategy of the newsletters needs to be revisited, after considering who the PEOPLE are that should be receiving them. Most likely, there is a need for multiple newsletters – one for merchants that engages them with the BID successes and relevant infrastructure information, another for the public, and possibly another for the board and city leadership. Nighttime Economy: The nighttime economy has fueled a negative perception of downtown. This impacts all downtown and downtown adjacent stakeholders. To solve this problem, the BID cannot work in a silo, but rather forge partnerships that work towards solutions in an efficient, focused manner. It was repeatedly mentioned that the nighttime economy is problematic. There has been a degradation of offerings to the public over the past few years. A handful of the merchants have placed their efforts into quick cash gains. Happy hours, specials, discounts, coupons have become commonplace, which has devalued the proposition of enjoying an evening in downtown Huntington Beach. There needs to be an effort to engage the community around the issue of the nighttime economy and to work toward becoming a “Sociable City”. 15 | IDA Advisory Panel 2017 HB -473-Item 22. - 18 It would be highly beneficial for the downtown stakeholders to engage with the Responsible Hospitality Institute (RHI: http://www.rhiweb.org/) which is at the forefront of delivering more sociable cities and the economic benefits associated with a vibrant nighttime economy. Many downtown organizations have found clarity around this issue, as well as buy-in from nighttime businesses, residents and leadership, when this type of analysis takes place. Organizations like RHI will spend time in downtown, engaging the businesses, city leadership, PD, public works, residents and the BID. They will look holistically at the function of the nighttime economy and the value it is brings while considering ways to mitigate the negative outcomes. When the community comes together on an issue such as this, very creative solutions are usually found. Solutions have ranged from creative taxi plans, extended food establishment hours, staggered bar closing, resident committees, bar staff trainings and new walkability solutions. If there is not the desire to work with a group like RHI, the BID must convene a group of stakeholders that can truly assess this problem and find solutions. Bring together PD, public works, a few close (proximity) residents, hoteliers, daytime businesses, etc. and focus solely on this issue and the factual realities of the current nighttime economy. The conversations can’t move to homelessness or professionalism of the organization or any other topic, but must stay grounded in this topic. Similarly, any strategy that is introduced must be driven directly at the issues presented by the nighttime economy. Get Stuff Done: The BID must be much more action oriented and proactive in enhancing downtown. Within the BIDs vision and stated objectives, the BID should be nimble and quickly when providing solutions for downtown. Overwhelmingly we heard from stakeholders that the BID, and subsequently Downtown suffers from paralysis. The BID leadership is fearful of getting their hands slapped so they are dotting I’s and crossing T’s to an extreme. However, there are often situations that call for staff to simply take action. If weed abatement needs to happen, have the cleaning team do it. If power washing needs to happen, don’t overly concern yourselves with the line between public and private property. If garbage cans need to be moved, move them. If flower arrangements need to be repaired, repair them. Of course, all of these take resources and we recognize that those are limited. But, when situations arise where action can be taken, start “getting stuff done” rather than asking for permission and waiting for the response. Again, these actions must be taken for the betterment of downtown and the advancement of stated BID objectives. Review Parking Rates: Typically, the rates on the street should be higher than the rates in garages. Meter spaces should have a higher turnover, encouraging people to go into garages when they are staying for a longer duration. This is currently within the control of the city and could be changed quickly. Documentation: The purpose and value of the BID cannot be taken for granted. Because of this, the BID must account for every interaction and action that serves the downtown. Data tells the story of the BID to stakeholders, while internally informs and keep the BID accountable. Documentation of BID actions are the results that guide next steps. Document EVERYTHING. Every hour spent cleaning, every pound of garbage, every piece of graffiti removed, every attendee at an event, every follower on social media, every interaction with a guest through the ambassadors, EVERYTHING. This is a story that can be told weekly, monthly and annually. Each week there should be documentation of everything from business referrals to homeless interactions. Documentation should include services that are being performed by the BID as well as “State of Downtown” type occurrences. For example, the number of bar fights should be documented and recorded to establish a baseline where future reports can demonstrate a change. Other State of Downtown documentation can include square footage of office space, number of parking spots, and more. Monthly reports can be an incredible tool for telling the success story of downtown to key stakeholders and city leadership. An annual report provides a measurement that can be shared with the community at large and demonstrates achievements of goals and moving of the baseline. Things that can be documented include: • Positive interactions of your ambassadors with public • Number of restaurant referrals from ambassadors 16 | IDA Advisory Panel 2017 HB -474-Item 22. - 19 •Number of merchant interactions with ambassadors •Number of brochures distributed •Social service referrals •Cleanings •Plantings •Attendance at events •Parking revenue •Parking stalls •Sales tax •Property tax •Residents •Bed tax •Hotel rooms •Net gain in businesses •Number of employees in downtown •Quantity of garbage removed •Number of outdoor patios •Number of event days (total – not just produced by BID) •Social media interactions •Website views •Number of infrastructure fixes by the city at the request of the BID Truly it is endless the types of things that can and should be documented. This type of reporting justifies the existence of the BID and the return on investment for the city and the assessment payers. Recommendations: Short-term Recommendations: •Develop and define the brand narrative for Downtown Huntington Beach, inclusive of the BID’s vision for Downtown •Determine the improvements that need to be actualized in downtown that will support the vision and enhance the brand of the BID •Implement a POSTR engagement strategy - consider your audience’s location, proximity to downtown, relationship to downtown, discretionary income, etc. •Curate a social media strategy and implement guidelines for posting, responding, and engaging •Work with an organization like RHI or a refined stakeholder group focused solely on the nighttime economy •Take Action (rather than call on the city to act): A term of art in the place management industry is, “Get Sh*t done”. It calls for place management professionals to be nimble and quick to respond to issues affecting downtown. If the downtown will benefit from immediate, small and actionable adjustments, make them •Reformat weekly newsletters and develop separate communication strategies for business owners, the general public and possibly the board and city leadership Long-term Recommendations: •Develop a method of recording and tracking all BID successes (pedestrian traffic during BID events, pounds of trash collected, etc.) •Develop a marketing strategy that is in line with your target audience •Provide a vision statement and/or statement of purpose for each BID event – every event should help accomplish BID goals •Define the purpose and intent for newsletter and magazine ads and readjust current advertising habits if they are not in-line with the BIDs objective 17 | IDA Advisory Panel 2017 HB -475-Item 22. - 20 Organizational Management: With a current revenue of over half a million dollars, the BID has grown in size and capacity. Having leadership capable of resetting the management and direction of the BID is imperative. The right turn-around candidate will be experienced in downtown issues and the urban place management industry. The Huntington Beach Downtown Business Improvement District, like many non-profit organizations, has evolved to become a much more comprehensive and sizeable entity than the volunteer leaders, staff, and business owners anticipated for and now realize. Through the years very dedicated individuals have contributed their time, passion, and energy to consistently improve the downtown area and the IDA Advisory Panel applauds the work of everyone who has contributed in making Downtown Huntington Beach the wonderful, authentic coastal community it is today. However, as the organization, the downtown, and the complexities of downtown have grown – so to must the expectations and management of the BID. Like many growing and largely volunteer led organizations, the Huntington Beach BID suffers from disjointed efforts, focusing specific efforts on individual programmatic areas without recognizing the greater whole of the entire BID organization. This has manifested in lacking a unified vision for the organization, having unclear roles and responsibility for staff and board, lack of targeted programming aimed at improving identified local business owner’s concerns, brand confusion, and night-time economy challenges. This overall lack of coordination and fractured approach is jeopardizing the long-term success of the city as a whole. Ultimately, the BID suffers from the absence of a single downtown leader whose sole focus is the sustainable growth of the BID to better serve the business owners, improve the overall downtown, and bridge the gaps between the public, private, and community sectors. The BID has been operating through individual program silos with separate leadership, staffing, and financial reporting. This must be remedied by aligning all activities within a single organizational structure, with consolidated financials and professional urban district management/leadership. Scope of BID: Today the Huntington Beach BID is roughly a $620,000 organization operating with three staff and a nine- member board of directors. Historically, the organization was reported to be and appeared much smaller. Due to this reporting and understanding, the perception of the BIDs capabilities was not clearly articulated. However, the panels’ initial examination estimates the total annual resources based on upon the following sources: BID Assessments, Program and Event Revenue (excluding Surf City Nights) $170,000 approx. Surf City Nights Revenue (Fees and Sponsorships) $295,000 approx. City Maintenance Contract (Malco) $154,000 approx. Total Revenue $619,000 approx. The Huntington Beach BID has sustained business opportunity powered by three primary revenue sources which are both reliable and robust. This diversified income approach is consistent with BIDs worldwide and additional income opportunities including enhanced sponsorship, advertising, parking, and special project funding can help grow the organizations effectiveness even further. Skilled Management of BID: The Panel believes through skilled management the Huntington Beach BID can evolve to become a high performing organization. Skilled management is needed to aggregate all the BID activities, leverage the total revenue, and strategically deploy resources to meet the needs of individual program areas and the greater goals of the organization as a whole. An example of this integrated performance approach was discussed on site as follows: “Surf City Nights is a highly successful program that delivers a high-quality visitor experience for people of all ages while generating significant net revenue or profit. While the event may not drive increased customers to a salon or business service in the downtown district, the proceeds from the event can be used to increase marketing, communications, or provide other strategic business improvements for the area throughout the year. The key is having a clear focus on how the additional resources will be invested and communicating with the BID stakeholders how the resources are being deployed.” 18 | IDA Advisory Panel 2017 HB -476-Item 22. - 21 The panel spoke with a number of stakeholders, examined the findings of the recent Huntington Beach Finance Commission and evaluated the current positioning of the Huntington Beach BID overall. The panel believes a turnaround manager is needed to effectively “hit the reset button”. This individual, serving as the interim CEO, will be responsible for leading the organization through a significant transitional period and as such must come from outside the community to assure objectivity and eliminate any perceived bias by all stakeholders. A turnaround manager, by definition, will be required to make tough and potentially unpopular decisions which are in the overall best and long-term interest of organization rather than a single person or stakeholder group. She or he must be empowered to make unencumbered day to day management decisions while simultaneously facilitating the BID board, constituents, and partners through a rebuilding effort as described earlier in this report as well as incorporate the recommendations laid out by the Huntington Beach Finance Commission. The IDA panel is convinced the Huntington Beach downtown businesses, the City of Huntington Beach, the local business community, the commercial property owners, and the residents need a thriving business improvement district. The area is at a pivotal moment in its evolution experiencing significant recent investments ($5 Billion), a robust tourism and nighttime economy, and benefiting from world class assets which can all be leveraged to deliver an authentic coastal downtown experience. The tools are available through the BID to make Downtown Huntington Beach the extraordinary place we know it already is, provided the will exists within the community to set aside individual agendas and let go of personal perceptions. Keep it simple: 1.The Huntington Beach BID Board of Directors develops a unified vision fully informed by the downtown businesses and customers. 2.Hire an experienced downtown CEO to lead the day to day operations of the BID 3.Develop strong partner relationships with the City of Huntington Beach and area stakeholder organizations Organizational Recommendations: Short-term Recommendations: •Secure an Interim CEO with specific downtown management experience who will serve as the organizations turnaround manager (see Appendix: Job Description) •Work with the IDA Advisory Panel to write a job posting and determine the necessary characteristics for a turnaround manager •Empower the CEO to lead implementation of the both the IDA Panel Recommendations and the City Financial Commission recommendations as deemed appropriate •Allocate up to $100,000 for a one-year contract and empower the CEO to lead implementation of both the IDA Advisory Panel and the City Financial Commission recommendations as deemed appropriate. The position should be funded equally through BID and City resources and utilize a three to five person hiring committee with at least one representative from both the BID and the city Long-term Recommendations: •Based upon the existing (consolidated) financial statement and consistent with pursuit of a property based BID, develop long term targets for capital resources needed to support a comprehensive vision of Downtown Huntington Beach •Develop a comprehensive business plan and organizational structure to include current and future staff positions needed to implement the long-term vision 19 | IDA Advisory Panel 2017 HB -477-Item 22. - 22 TEMPLATE Downtown USA, Inc. seeks President/CEO Downtown USA, Inc. is seeking a President/CEO to lead all functions of the organization, including the urban environment, downtown development, public policy and advocacy, marketing, membership and philanthropy. With a metro population of 200,000, Downtown USA has the largest surfing community and is ranked 6th in America’s leading metros for the “creative class,” making a vibrant downtown to support workforce recruitment critical to the area’s economic development. With more than 60 founding members and a new five-year renewal, the new President/CEO will benefit from strong community support, powerful existing momentum and the freedom of building a strategy from the ground up while working with an engaged and educated board. LEADERSHIP AND ORGANIZATIONAL PROFILE Downtown USA, Inc. is in its second renewal with oversight from the Downtown Task Force which supports downtown development efforts. The organization receives support through three funding streams, which support downtown improvements. MISSION STATEMENT Downtown USA, Inc. is committed to creating a vibrant, diverse and economically sustainable downtown USA. VISION STATEMENT Downtown USA, Inc. will be the economic engine and champion for a vibrant downtown USA. Its members will represent all stakeholder groups, including downtown property owners, business owners, tourist attractions, business organizations, advocacy groups, neighborhood associations and residents from throughout the city. ORGANIZATIONAL DUTIES AND RESPONSIBILITIES The President/CEO will establish strategic direction for the organization in partnership with Downtown USA, Inc. and the Downtown Task Force as well as any key stakeholders in accordance with the organization's mission. The President/CEO will oversee day-to-day operations, assure fiscal responsibility in the funding and financial management of the organization, and protect the assets of the organization. This individual will be the liaison to the board of directors, mayor's office, city council and other key stakeholders. The President/CEO will work in collaborative partnership with government officials, developers, community and business leaders, residents and all downtown stakeholders to enhance the vitality of downtown. QUALIFICATIONS The candidate will be expected to have advanced skills and expertise in the following areas: Urban Visioning, Downtown Development, Advocacy, Communications & Public Relations, Marketing and Sales, Fundraising, Personnel Management, Financial Management, Board Management, Downtown Management Services and Government Relations. A comprehensive list of skills, attributes, and qualifications is listed below. [Note that not all qualifications are necessary to dutifully take on the responsibilities of interim CEO.] EDUCATION & COMPENSATION Bachelor's degree in planning, real estate, the social sciences, architecture or public administration, and 5-8 years of experience in city planning or economic development of which four years must be in a supervisory or consulting capacity; or an equivalent combination of training and experience. Salary will be competitive and commensurate with experience and qualifications in the range of $100,000-$150,000 per year with benefits. For detailed qualifications and job description or to apply: www.downtownusainc.org. 20 | IDA Advisory Panel 2017 HB -478-Item 22. - 23 Huntington Beach Downtown Business Improvement District PRESIDENT/CEO DETAILED QUALIFICATIONS, SKILLS AND EXPERTISE URBAN VISIONING •Demonstrated experience as a visionary – the ability to see beyond today. •Demonstrated creative drive – the ability to identify new solutions and “think outside the box.” •Ability to develop and implement downtown visioning plans. •Knowledge of Downtown and community central core development issues to include: community building, neighborhood engagement, transportation oriented development, housing development, and open space/public realm integration. •Knowledge of the principles and practices of urban planning to include: design guidelines, zoning, historic preservation and housing. •Knowledge of the principles required to create urban “life, activity, and sustainable vitality.” •Proven ability developing and monitoring local, state and federal legislation, programs and proposals; demonstrated experience assessing potential implications and/or organizational opportunities of the same. •Demonstrated ability to coordinate and communicate organizational positions on local, state and federal issues; ability to facilitate personal contacts between executives and internal and external stakeholders with executive members of local and state governments. •Proven ability to work with internal stakeholders to identify and solicit government funding opportunities. Demonstrated ability to direct the development of successful government proposals. •Sense of architectural design and aesthetics. Proven ability to recognize and pursue opportunities regardless of available resources. •Intrinsically motivated to develop and implement new ideas. •Ability to communicate and “sell” new ideas to a diverse stakeholder groups. •Proven ability to move ideas from concept to implementation DOWNTOWN DEVELOPMENT •Strong downtown development credentials with both private sector and government real estate and finance. •Experience working in collaboration with local and regional economic development organizations. •Experience in packaging deals with prospective investors, developers and business owners. •Familiarity with local, state and federal funding resources (tax incentives, etc.) available for “deal making.” •Knowledge of, and experience in, leading successful downtown development initiatives. •Expertise in crafting public/private partnerships. •Strong understanding of urban design principles as they relate to central business district characteristics. •Ability to manage projects in a manner consistent with stated objectives. •Ability to prepare and make comprehensive presentations. •Ability to research and answer complex questions. •History and proven track record of influencing diverse organizational stakeholders with regard to coordinated strategic planning, branding, and unified tactical implementation. ADVOCACY •Experience as a downtown advocate. Proven track record of marshaling resources and managing complex partnerships to focus on Downtown issues, projects and initiatives. •Ability to establish and maintain effective working relationships with stakeholders, colleagues, subordinates, city officials, officials from other governmental and private organizations and the general public. •Must be experienced in organizational development and have demonstrated the ability to win the trust and confidence of diverse stakeholders, constituencies and public and private collaborative organizations. •An action oriented, “get it done” urban development professional with a passion for change and a willingness to think radically. •The ideal candidate will possess a demonstrated record of performance leading change. •Understanding of issues confronting downtown business and property owners, residents, public agencies and community organizations. 21 | IDA Advisory Panel 2017 HB -479-Item 22. - 24 •Ability to work closely and effectively with both public and private sector individuals and organizations including: business owners, developers, residents, investors, government officials and related economic development, promotion and capacity building organizations. •Expert listener. •Proven political skills. COMMUNICATION AND PUBLIC RELATIONS •Strong written and verbal communication skills, including public speaking. •Experience selling concepts and generating the excitement necessary to propel successful accomplishments. •Ability to express ideas effectively orally and in writing. •Experience serving as the organization’s chief spokesperson. •Experience developing and implementing an effective, centralized public relations program. •Knowledge of public information and community relations concepts, principles, methodology and techniques. •Proven media relations and issues management experience. •Ability to develop, implement and evaluate public opinion surveys and related data collection vehicles. •Knowledge of current and emerging public relations issues and trends applicable to the Downtown environment. MARKETING AND SALES •Demonstrated ability to conceptualize, design, implements and evaluate a fully integrated strategic marketing program. •Able to proactively position the Downtown as a premier destination – create and sell the vision. •Proven experience developing research-based programs that address image and brand awareness in a competitive global market. •Familiar with the history of the city and be able to articulate the Downtown’s vision as a center of commerce, culture and entertainment. FUND RAISING •Experience in private, public and non-profit sector fund raising. •Ability to develop high-potential relationships with large corporations and other major potential funders/donors. PERSONNEL MANAGEMENT •Ability to coordinate and evaluate the work of a professional staff. •Ability to supervise and manage both a professional and administrative staff. •Ability to develop long-term plans and programs and to evaluate work accomplishments. •Ability to analyze facts, exercise sound judgment and arrive at valid conclusions. •Ability to plan, direct and coordinate development programs and initiatives. •Ability to communicate ideas clearly and concisely, verbally and in writing. FINANCIAL MANAGEMENT •Considerable knowledge concerning the principles of public administration and public finance. •Experience identifying alternative sources of funding. •Strong understanding of urban real estate development, including finance. •Strong understanding of municipal finance, public incentive programs and capital investment budgeting. •Budget preparation, fiscal management and analysis. •Ability to develop and control operating budgets. Skill in budget preparation and fiscal management. •Knowledge of financial/ business analysis techniques. BOARD MANAGEMENT •Ability to work closely and effectively with a board of directors and its executive committee and officers. •Ability to communicate with the board of directors. 22 | IDA Advisory Panel 2017 HB -480-Item 22. - 25 DOWNTOWN MANAGEMENT SERVICES •Proven ability managing Downtown clean and safe, public safety, parking, hospitality, social service outreach, landscaping (beautification) and technology integration. •Proven experience involving “Way Finding” initiatives and the management of vehicular, pedestrian and cyclist traffic in Downtown/urban areas. •Understanding of Downtown event, venue and place planning and utilization. GOVERNMENT RELATIONS •Proven ability developing and monitoring local, state and federal legislation, programs and proposals; demonstrated experience assessing potential implications and/or organizational opportunities of same. •Demonstrated ability to coordinate and communicate organizational positions on local, state and federal issues; ability to facilitate personal contacts between executives and internal and external stakeholders with executive members of local government and state government. •Ability to establish and maintain effective working relationships with civic leaders, city officials and the general public. PERSONAL The candidate should possess the following leadership competencies: •Managing People and Performance –Manages people to help them achieve full potential and to attain exceptional individual and team performance. •Leading and Directing – Inspires and leads through clear vision and directions, organizing and enabling resources and making critical decisions. •Managing and Leveraging Relationships – Invest in relationships to successfully influence and build shared goals and achieve optimal organizational solutions and results. •Communication and Presenting – Shares ideas and information across diverse audiences and entities to drive organizational performance and effectiveness. •Strategic Thinking – Attuned to changing dynamics facing the organization; leverages sharp organizational acumen to develop opportunities and strategies for organizational success. •Analyzing and DecBSPng/Problem Solving – Makes sound rational decisions by thoroughly analyzing all aspects of a problem or issue. •Planning and Organizing – Plans and organizes detailed course of action that ensures successful accomplishment of organizational initiatives and objectives. •Executing for Results – Drives performance through expert management and execution of organizational plans and activities. •Fostering Innovation and Change – Embraces and promotes innovation and change as a way to enhance personal, team and organizational effectiveness. •Maintaining Self Awareness and Impact – Maintains objectivity about own self; manages impact of self on others, and actively learns from experience to maximize positive impact. •Achievement Focus – Strive to reach challenging work and career goals. •Adapting to Change and Stress – Adapts and responds well to change; manages pressure effectively and copes well with setbacks. •Upholding Standards – Consistently adheres to and upholds clear professional and ethical standards that complement those of the organization. i See Appendix: Job Description 23 | IDA Advisory Panel 2017 HB -481-Item 22. - 26 IDA ADVISORY PANEL Huntington Beach, CA June 19-21, 2017 24 | IDA Advisory Panel 2017HB -482-Item 22. - 27 What we heard • Authentic & historic brand • Tight knit community • Strong assets • Dedicated local, family owned retailers • Strong community ties • Close personal relationships • Growing downtown 25 | IDA Advisory Panel 2017HB -483-Item 22. - 28 TITLE 26 | IDA Advisory Panel 2017HB -484-Item 22. - 29 TITLE 27 | IDA Advisory Panel 2017HB -485-Item 22. - 30 TITLE 28 | IDA Advisory Panel 2017HB -486-Item 22. - 31 Situational Analysis 29 | IDA Advisory Panel 2017HB -487-Item 22. - 32 Perception v. Reality Situational Analysis 30 | IDA Advisory Panel 2017HB -488-Item 22. - 33 • Vision & Strategy • Leadership & Governance • Program Priorities • Management & Organizational Structure Turn Around Strategy – Short-term 31 | IDA Advisory Panel 2017HB -489-Item 22. - 34 Huntington Beach Downtown Business Improvement District ADVOCACY DEVELOPMENT PROJECTS BUSINESS RETENTION & RECRUITMENT BEAUTIFICATION MARKING & DECORATION FESTIVALS & EVENTS DOWNTOWN MAINTENANCE “CLEAN AND SAFE 32 | IDA Advisory Panel 2017HB -490-Item 22. - 35 • Different organizational structures • Downtown property owner involvement • Capital infrastructure opportunities • Key partnerships • Alternate revenue streams Turn Around Strategy – Long-term 33 | IDA Advisory Panel 2017HB -491-Item 22. - 36 Program Priorities 34 | IDA Advisory Panel 2017HB -492-Item 22. - 37 35 | IDA Advisory Panel 2017 HB -493-Item 22. - 38 36 | IDA Advisory Panel 2017 HB -494-Item 22. - 39 37 | IDA Advisory Panel 2017 HB -495-Item 22. - 40 38 | IDA Advisory Panel 2017 HB -496-Item 22. - 41 39 | IDA Advisory Panel 2017 HB -497-Item 22. - 42 40 | IDA Advisory Panel 2017 HB -498-Item 22. - 43 41 | IDA Advisory Panel 2017 HB -499-Item 22. - 44 42 | IDA Advisory Panel 2017 HB -500-Item 22. - 45 43 | IDA Advisory Panel 2017 HB -501-Item 22. - 46 44 | IDA Advisory Panel 2017 HB -502-Item 22. - 47 45 | IDA Advisory Panel 2017 HB -503-Item 22. - 48 46 | IDA Advisory Panel 2017 HB -504-Item 22. - 49 2016/2017 OPERATIONAL PLAN DOWNTOWN SANTA MONICA, INC. In Fiscal Year 2016/17, DTSM, Inc. will work closely with its partners in City Hall and throughout the community to ensure Downtown Santa Monica remains the thriving economic engine of the Bay City during an exciting time of growth and prosperity. DTSM, Inc. will be developing and refining a multipronged plan that combines comprehensive mitigation strategies and best practices used in other major cities to help people better enter, exit and move about downtown. Some significant infrastructure projects that will aid in this mission are already nearing completion, including the Metro Exposition Rail Line Extension into Downtown; the reconstruction and enhancement of the California Incline, an important northern artery; and the completion of the Colorado Esplanade, which includes wider, pedestrianfriendly sidewalks, new lighting, protected bike lanes, more open space and street furniture for enjoying Santa Monica’s temperate weather and abundant sunshine. DTSM is also excited about the creation of Downtown’s first network of pedestrian scrambles, which are diagonal crosswalks that allow people to walk freely from corner to street corner, including in the middle of the intersection, all while traffic is at a halt. The crosswalks symbolize DTSM and the City’s commitment to making Downtown a more walkable environment. Some key pieces of DTSM’s operations plan moving forward include: • Adjusting the Downtown Santa Monica Ambassador Program so that more attention can be paid to the anticipated increase in pedestrian traffic, particularly along the Downtown’s southern border. • New wayfinding signage designed to make it easier for drivers, cyclists and pedestrians alike to find parking, restaurants, retail or recreation. • Exploring the feasibility of adding programs designed to improve access, including a centralized valet operation and a shuttle to circulate throughout key points in Downtown. 1 47 | IDA Advisory Panel 2017 HB -505-Item 22. - 50 • Solidifying research programs, including the collection of detailed pedestrian counts and visitor spending habits, so that business owners and retail and restaurant managers can make more informed decisions to help boost their operations. While these projects are critical, so are DTSM’s other charges. We will continue our efforts to promote our hardworking merchants and support their employees, keeping them informed through our newly updates website, quarterly merchants meetings, frequent email blasts and monthly newsletters. DTSM remains committed to ensuring economic stability and diversity, while providing a fun, safe and clean environment for all to enjoy. 2 48 | IDA Advisory Panel 2017 HB -506-Item 22. - 51 1.Visitor Experience Development Position Downtown as a unique, exciting and broadly accessible experiencebased place, retaining substantial demand and high value. 1.1. Nurture Downtown as a place embodying local flavor and welcome a broad audience to enjoy an authentic Santa Monica experience. 1.1.1. Produce key community events in Downtown, including but not limited to: — Cinema on the Street — Picnic on the Promenade — Sonic Submarine — Winterlit/ICE at Santa Monica — Holiday Decor Program 1.1.2. Explore and encourage a variety of cultural activities within the City guidelines to enhance and invigorate public space. 1.1.3. Participate in programs and initiatives of Buy Local Santa Monica, Santa Monica Chamber of Commerce, and Santa Monica Travel & Tourism. 1.2. Provide enhanced maintenance services to keep the district a clean and attractive public place. (See appendices for a complete schedule of maintenance obligations.) 1.2.1. Collaborate with City of Santa Monica to ensure compliance with maintenance standards established by both parties. 1.2.2. Manage maintenance of Downtown public parking structures in accordance with Parking Structure Maintenance Agreement. 1.2.3. Conduct thorough annual power washing of public parking structures 16, 9 and 10 as well as hot spot cleaning of public parking structures, sidewalks and other public open spaces as needed. 1.2.4. Monitor and maintain restrooms in select Downtown parking structures during all hours in which they remain open to the general public. 1.2.5. Promptly remove graffiti from public and private property. 1.2.6. Monitor, and modify as needed, the level of service provided to Lincoln Blvd. and Colorado Ave. through district expansions implemented in FY16. 1.3. Support the City of Santa Monica’s public safety officials in their efforts to keep Downtown safe. 1.3.1. Maintain strong relationships with key personnel of departments charged with maintaining safety in Downtown, including but not limited to the Police and Fire Departments, Code Compliance, and the City Attorney’s office. 1.3.2. Track occurrence of public safety incidents in Downtown and provide notification to appropriate parties as needed. 1.3.3. Support loss prevention efforts of business owners and employees. 1.3.4. Ensure Downtown Santa Monica, Inc. and its employees are prepared to assist as directed by public safety officials in the event of a natural disaster or other emergency. 3 49 | IDA Advisory Panel 2017 HB -507-Item 22. - 52 1.4. Ensure Downtown remains an actively managed and wellmaintained place. 1.4.1. Work closely with City partners to ensure general facility maintenance and functionality. 1.4.2. Partner with the City to enhance the pedestrian realm, including additional lighting, wayfinding signage, public art, and other amenities as needed. 1.4.3. Collaborate with the City, Police and Fire to provide active venue and street performer management for Third Street Promenade and other public spaces. 1.4.4. Screen outside event requests and logistics for adherence to City Event Guidelines and compliance with municipal codes pertaining to the use of public space. 1.4.5. Field requests to film in Downtown Santa Monica and work with the City to ensure that filming shoots comply with all municipal codes pertaining to the use of public space. 1.4.6. Assist the City in managing the cart program on Third Street Promenade. 1.5. Welcome visitors to Downtown and inform them of the district’s businesses, attractions and amenities. 1.5.1. Deploy Hospitality Ambassadors who refer users to Downtown businesses and other locations, generate work orders to repair damaged Downtown infrastructure, provide walking directions, monitor key restrooms, jumpstart vehicles and act as eyes and ears on the street in the district. 1.5.2. Provide a directory and walking map of businesses in the district. 1.5.3. Partner with the Santa Monica Travel & Tourism to support tourism programming as well as produce a Visitor Rewards Book for guests. 1.5.4. Promote timely messages about special events and programs through advertising on the elevator doors of parking structures. 1.5.5.Work with the City to maximize pedestrian and vehicular wayfinding in Downtown Santa Monica for visitors using all available modes of transportation. 1.5.6. Maintain a comprehensive website for Downtown Santa Monica. 4 50 | IDA Advisory Panel 2017 HB -508-Item 22. - 53 2.Character & Cultural Development Protect and build upon the reputation of Downtown Santa Monica as an authentic, diverse, culturally significant and forwardthinking urban district. 2.1. Protect and strengthen the Downtown Santa Monica brand equity. 2.1.1. Produce advertising and public relations campaigns to strengthen the brand image of Downtown Santa Monica. 2.1.2. Utilize social media platforms to disseminate timely information as well as reinforce the Santa Monica brand. 2.2. Embrace and celebrate the cultural significance of Downtown for the diverse residents, businesses, and other stakeholders of the City of Santa Monica. 2.2.1. Administer a blog to inform and encourage a dialogue between DTSM, Inc. and people who use the district; the blog, Santa Monica Centric, promotes businesses and events in the Downtown area. 2.2.2. Maximize outreach and messaging through social media platforms. 5 51 | IDA Advisory Panel 2017 HB -509-Item 22. - 54 3.Community Advocacy Research and monitor the state of Downtown and proactively advocate on issues of importance to the City and Downtown stakeholders. 3.1. Anticipate and work with both private and public sector partners to proactively manage the overarching needs of a growing and changing Downtown. 3.1.1. Collaborate with public and private property owners to mitigate the negative impacts of construction projects in Downtown. 3.1.2. Partner with the City and private stakeholders to advise the public and district businesses about impacts related to construction projects and traffic mitigation plans. 3.1.3. Work with the Board of Directors to review the Downtown Community Plan and compile recommendations for the City on areas that may require more attention or discussion. 3.1.4. Work with the City and community stakeholders to address issues related to access, circulation and parking. 3.1.5. Track, analyze, and advise the City of Santa Monica on proposals for public and private development projects. 3.2. Partner with the City of Santa Monica and other community organizations in supporting homeless initiatives. 3.2.1. Continue to engage Chrysalis to complement the enhanced maintenance program for Downtown Santa Monica. 3.2.2. Collect and administer the Dolphin Change Program, designed to award grants to local social service agencies. 3.2.3. Work with City Human Services Division and Police Homeless Liaison Program (HLP) Team to address the variety of homeless issues impacting the district. 6 52 | IDA Advisory Panel 2017 HB -510-Item 22. - 55 4.Economic Development Partner with the City and Downtown stakeholders to maintain a balanced, diverse economic environment and promote the prosperity of the community as a whole. 4.1. Position Downtown Santa Monica, Inc. as a central source of information on all aspects related to Downtown, including the economic vitality and market potential. 4.1.1. Conduct, analyze and share market research data pertaining to key trends for Downtown Santa Monica. 4.1.2. Expand on the pedestrian counting program to capture the number of people visiting key areas within the district. 4.1.3. Conduct ongoing stakeholder surveys evaluating the effectiveness of the ambassador, enhanced maintenance, and other programs. 4.1.4. Conduct ongoing mystery shop evaluations to assess the effectiveness of the ambassador and enhanced maintenance programs. 4.2. Support property owners and commercial tenants with general marketing of the Downtown area. 4.2.1. Expand the promotion of the employee rewards program. 4.2.2. Update the Downtown Santa Monica business directory, which appears on Third Street Promenade, the parking garages, website and walking map. 4.3. Disseminate information on issues of key importance to Downtown property owners, businesses and employees. 4.3.1. Produce and distribute The Beat, a quarterly newsletter designed to inform Downtown stakeholders of key issues pertaining to the area. 4.3.2. Produce and distribute The Memo, a monthly note directed to ground floor businesses in the district that shares information about activities in Downtown Santa Monica. 4.3.3. Host quarterly stakeholder meetings for merchants and commercial office tenants to share updates on programs, collaborative opportunities and other essential information. 4.4. Advocate on behalf of property and business owners and play a supportive role in matters contributing to the overall vitality of business Downtown. 4.4.1. Respond to requests for assistance from property owners and businesses on issues pertaining to their economic vitality. 7 53 | IDA Advisory Panel 2017 HB -511-Item 22. - 56 5.Organizational Management Maintain a strong, efficient, effective organization capable of making solid internal decisions as well as formulating external advocacy in the best interest of Downtown Santa Monica. 5.1. Maintain high standards of professional administration and services. 5.1.1. Conduct regular staff training and create regular opportunities for professional development and continuing education. 5.1.2. Host an annual staff retreat for strategic and organizational planning with routine followup to assess employee satisfaction and additional needs. 5.1.3. Conduct an annual performance review for every staff member. 5.1.4. Create training and professional development opportunities for staff. 5.1.5. Maintain careful compliance standards for contracts in which Downtown Santa Monica, Inc. is an involved party as either client or vendor. 5.1.6.Assess functionality of existing software programs, database systems, and website licenses and consider upgrades to facilitate greater efficiency. 5.2. Support the Downtown Santa Monica, Inc. Board of Directors in their work as the advocacy body for the district and advisory role to City Council. 5.2.1. Collaborate with committees of the Board of Directors to consider issues of importance to the organization and this district as a whole. 5.2.2. Create training and professional development opportunities for members of the Board of Directors. 5.3. Seek supplemental and diversified revenue streams to enhance and expand programs and services. 5.3.1. Increase revenues generated by the parking structure advertising program and other contracted service programs. 5.3.2. Identify sponsorships and other funding opportunities for key programs supporting or enhancing the Downtown Santa Monica brand. 5.4. Demonstrate the value of Downtown Santa Monica, Inc. as an organization, service provider and community partner. 5.4.1. Produce datadriven reports released at regular intervals to document progress toward the goals and objectives of this operational plan as well as other governing documents of the organization. 5.4.2. Produce a datadriven annual report to highlight the achievements of the organization in the prior fiscal year. 5.4.3. Host an annual meeting for the purpose of sharing information about the organization’s accomplishments and direction with stakeholders. 5.4.4. Initiate and track media visibility of public relations campaigns, highlighting the accomplishments of Downtown Santa Monica, Inc. as an organization. 5.4.5. Encourage staff members to promote positive connections between the organization and other community organizations through board and/or committee service. 8 54 | IDA Advisory Panel 2017 HB -512-Item 22. - 57 District Boundary Map The boundaries of the Downtown Santa Monica district expand from the east side of Ocean Ave to the east side of Lincoln Blvd. and from the I10 freeway to the commercial parcels immediately north of Wilshire Blvd. 9 55 | IDA Advisory Panel 2017 HB -513-Item 22. - 58 Board & Staff Directory (Effective 04/28/2016) Board of Directors Board Chair Barbara Tenzer Vice Chairs Bruria Finkel Bill Tucker John Warfel Secretary/Treasurer Rob Rader Board Members Patricia Hoffman Julia Ladd Juan Matute Elaine Polachek Barry Snell Johannes Van Tilburg Debbie Zehm Staff Chief Executive Officer Kathleen Rawson Director of Policy & Planning Steven Welliver Director of Marketing & Communication Mackenzie Carter Controller TJ Harney Office Manager Laura Borsecnik Sr. Communications Manager Kevin Herrera Community Outreach Manager Collette Hanna Public Space Manager Nick Efron Venue Manager Stephen Bradford Field Services Coordinator John McGill Executive Administrative Assistant Rachel Johnson Administrative Assistant Linn Wile 10 56 | IDA Advisory Panel 2017 HB -514-Item 22. - 59 FY 2016/2017 Adopted Budget SUPPORT & REVENUES Source FY 2015/16 FY 2016/17 % Change Bayside, CBD & BID Assessments $6,282,979.81 $6,440,801.00 2.51% Special Events & Filmings $82,500.00 $72,500.00 12.12% Parking Structure Advertising $70,000.00 $400,000.00 471.43% Dolphin Donations / Transfers* $10,500.00 $10,800.00 2.86% Other Income $860,000.00 $1,037,709.17 20.66% Allocated From Reserves $76,886.06 $0.00 100.00% Total Income $7,382,865.87 $7,961,810.17 7.84% EXPENSES Use FY 2015/16 FY 2016/17 % Change Personnel $1,275,090.00 $1,301,407.59 2.06% Administration $428,064.87 $443,800.73 3.68% Business Development $248,000.00 $262,500.00 5.85% Marketing / ICE at Santa Monica $1,668,000.00 $2,175,617.50 30.43% Operations $3,753,211.00 $3,767,684.35 0.39% Dolphin Donations $10,500.00 $10,800.00 2.86% Total Expenditures $7,382,865.87 $7,961,810.17 7.84% *Dolphin change program will go into reserves until depleted. Board action, 3/22/12. 11 57 | IDA Advisory Panel 2017 HB -515-Item 22. - 60 Enhanced Maintenance Schedules Parking Structure Maintenance Schedule The following duties are performed in the structures during the stated shifts: (Note: Duties and shifts subject to change based on need.) Shift time from 11:30 p.m. – 7:30 a.m. Run M30 Sweeper/Scrubber vehicle on a rotational schedule in all structures Close all restrooms for deep cleaning floortoceiling Sweep, mop, and wipe down all stairwells and landing areas Conduct pan and broom maintenance throughout structures Document maintenance issues for reporting Shift time from 7:00 a.m. 3:30 p.m. Clean restrooms (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, and replenish toiletries as needed) Remove, or paint over, graffiti Remove debris as needed Shift time from 3:00 p.m. – 11:30 p.m. Clean restrooms daily (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, replenish toiletries as needed Sweep/mop restroom as needed Pull all trash (2/3rds full) and replace bags on every level of parking structures and wipe down cans Wipe down all structure interior signage as well as fire and electrical boxes Remove or paint over any graffiti that is reported or found Clean up all spills as necessary Pressure Washing Schedule Enhanced Maintenance – Pressure Washing & Deep Cleaning in Downtown DTSM engages a thirdparty vendor to provide pressure washing and deep cleaning services throughout Downtown in accordance with the following schedule. Activity Frequency Zone 1: Third Street Promenade Monthly Zone 2: 2nd and 3rd Ct. Alleys BiMonthly Zone 2: Second and Fourth Streets, Ocean Avenue, Intersections Monthly Zone 3: Lincoln Blvd. Sidewalks Quarterly Parking Structures #1 #6, #9 and #10 Semi Annually Downtown Hotspots (Areas of Need) As Needed 12 58 | IDA Advisory Panel 2017 HB -516-Item 22. - 61 General Maintenance Schedule In order to care for Downtown’s aging infrastructure, DTSM completes the following routine maintenance activities during the course of a year. Activity Frequency Paint Light Poles and Directories As Needed Dinosaur Topiary Cleaning Quarterly Dinosaur Fountain Maintenance Monthly Pavilion Window Cleaning BiWeekly Vector Management Monthly/As Needed Parking Structure Sign Maintenance As Needed Light Pole Electrical Maintenance As Needed Promenade Paver Repair As Needed City of Santa Monica Maintenance Matrix The following pages contain a matrix outlining the services in Downtown provided by the Promenade Maintenance team of the City of Santa Monica Public Works Department. It is the responsibility of DTSM, Inc. to ensure maintenance work meets or exceeds the minimum levels of service established on creation of the assessment district. 13 59 | IDA Advisory Panel 2017 HB -517-Item 22. - 62 Public Works Promenade Maintenance Service Matrix 4/26/2016 1 Section - 3rd Street Promenade: From the north side of Wilshire to the south side of Broadway Shifts: Effective 1/1/15 1 = 6:00 a.m. to 2:30 p.m. & 6:00a.m. To 2:30p.m. 2 = 2:00 p.m. to 10:30 p.m. (Sunday – Thursday) 2:30 p.m. to 11:00 p.m. (Friday & Saturday) 3rd Street Promenade Maintenance: Service Description Frequency Shift Pedestrian Walkways: Sweeper Sweeper / scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer ¥ Once daily, 7 days a week ¥ Once daily, 7 days a week ¥ Once daily, 5 days a week (Mon, Tues,Thurs, Friday, Sat) ¥ As needed 1 1 1 1 Policing Walk site, sweep & remove debris ¥ Daily and as needed 1 or 2 Benches (85) Spray & wipe ¥ Daily and as needed 1 or 2 Drinking Fountains (7) Spray & wipe ¥ Daily and as needed 1 or 2 60 | IDA Advisory Panel 2017HB -518-Item 22. - 63 Public Works Promenade Maintenance Service Matrix 4/26/2016 2 Section – Colorado Ave-Esplanade: From east side of 4th St. to the east side of Ocean Ave Service Description Frequency Shift Pedestrian Walkways: Sweeper Sweeper / scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • Once daily, 7 days a week • Once daily, 7 days a week • Once daily, 5 days a week (Mon, Tues,Thurs, Friday, Sat) • As needed 1 1 1 1 Policing Walk site, sweep & remove debris • Daily and as needed 1 or 2 Benches Spray & wipe • Daily and as needed 1 or 2 Drinking Fountains (if applicable) Spray & wipe • Daily and as needed 1 or 2 Landscape General Maintenance-using current maintenance specifications requirements Landcare 61 | IDA Advisory Panel 2017HB -519-Item 22. - 64 Public Works Promenade Maintenance Service Matrix 4/26/2016 3 Section - 3rd Street Promenade, Promenade Maintenance, Cont’d. Service Description Frequency Shift Trash Containers (38) Wipe top, remove trash, replace bag • Four times daily, Mon. – Thu. • Five times daily, Fri. – Sun. & Holidays 1 & 2 Trash Container Liners (38) Steam clean/ wiped down from the inside & deodorize • weekly as needed 1 Public Phones (28) Spray & wipe • Once daily, as needed 1 or 2 Stainless Steel Bollards (27) Spray & wipe, steam clean • Once daily, as needed 1 or 2 Directories (13) Spray & wipe • Once daily, as needed 1 or 2 Sculptures (9) Spray & wipe • Once daily, as needed 1 or 2 Graffiti Remove • Daily, as needed 1 & 2 Dinosaur Pools (4) Remove debris • Daily, as needed 1 & 2 Special Events Extra trash containers & general maintenance frequencies • As needed 1 & 2 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • Daily, as needed 1 & 2 Off Duty Emergency Call-outs Toxic spills, electrical, water, accidents, etc. • As needed 1 & 2 62 | IDA Advisory Panel 2017HB -520-Item 22. - 65 Public Works Promenade Maintenance Service Matrix 4/26/2016 4 Section – 3rd Street, Public Landscape: Service Description Frequency Shift Tree Trimming 3,790 sq. ft. (154) Regular • Once, yearly (spring) Landcare Tree Well Maintenance 3,790 sq. ft. (154) Inspect for grate or decomposed granite displacement and/or debris & litter Clean debris, reset tree grates • Daily • As needed, based upon inspections Landcare Succulents & Topiaries (Dinosaur fountain planters) 2,000 sq. ft. Prune & shape topiaries Weed and detail succulent beds • Once every six weeks • Weekly, as needed Landcare Irrigation Inspection Check system and controller for proper settings • Weekly, as needed Landcare/ In House Fountain Maintenance Maintain fountains and provide cleaning service for the Topiary pools • Twice weekly California Waters 63 | IDA Advisory Panel 2017HB -521-Item 22. - 66 Public Works Promenade Maintenance Service Matrix 4/26/2016 5 Section - Parking Structures: Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. & 6:00a.m. To 2:30p.m. 2 = 2:00 p.m. to 10:30 p.m. (Sunday – Thursday) 2:30 p.m. to 11:00 p.m. (Friday & Saturday) Parking Structures, Promenade Maintenance: Service Description Frequency Shift Bin Rooms (6) Pressure wash, degrease, and scrub. Organize trash and recyclables. • Once daily, 5 days a week • Once/Twice daily, 7 days a week 1 or 2 Clarifiers: Structure 1 Structures 2-6 Clean out sludge Remove restaurant grease • Twice monthly • As needed, contracted 1 & 2 Parking Structures, Public Landscape: Service Description Frequency Shift Planter Maintenance (ground level planters in Structure 1 & 3 only) 5,900 sq. ft. Pick up litter & debris Water plants Prune shrubs • Daily • Manually, as needed weekly • Every 6 weeks Landcare 64 | IDA Advisory Panel 2017HB -522-Item 22. - 67 Public Works Promenade Maintenance Service Matrix 4/26/2016 6 Section – Colorado Blvd., Arizona Avenue & Wilshire Boulevard: Sidewalks on both sides of streets from east side of Ocean Avenue to alley between 5th and 6th Streets. Ocean Ave east side, 2nd and 4th Streets both sides: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Shifts: 1 = 5:00 a.m. to 1:30 p.m. & 6:00a.m. To 2:30p.m. 2 = 2:00 p.m. to 10:30 p.m. (Sunday – Thursday) 2:30 p.m. to 11:00 p.m. (Friday & Saturday) Colorado Blvd., Arizona Avenue & Wilshire Boulevard and 2nd & 4th Streets, Promenade Maintenance Service Description Frequency Shift Pedestrian Walkways: Sweeper Sweeper / scrubber Pressure Washer Pre-treat stains/spot pressure washing Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • 5 x a week • 3 x a week Once daily, 4 days a week • 4 x a week 1 1 1 1 Policing Walk site, sweep & remove debris • daily As-needed 1 & 2 Bus Stop (4) Steam clean • As needed 1 Trash Containers (30) Wipe top, remove trash, replace bag • Twice daily, as needed 1 & 2 Trash Container Liners (30) Steam clean & deodorize • As needed 1 or 2 65 | IDA Advisory Panel 2017HB -523-Item 22. - 68 Public Works Promenade Maintenance Service Matrix 4/26/2016 7 Section - Colorado Blvd., Arizona Avenue & Wilshire Boulevard and Ocean Ave., 2nd & 4th Streets, Promenade Maintenance, Cont’d. Service Description Frequency Shift Tree Wells Rake out debris Weed & spray herbicides • As needed • As needed, upon inspection 1 or 2 1 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • Daily, as needed, 7 days a week 1 & 2 Off Duty Emergency Call-outs Toxic spills, electrical, water, accidents, etc. • As needed Section - Public Landscape, 2ND & 4th Street Service Description Frequency Shift Tree Trimming (182) Regular • Every 2 years West Coast Arborists Tree Well Maintenance (182) Backfill tree wells with decomposed granite • As needed 1 or 2 Arizona Ave. Service Description Frequency Shift Tree Trimming (46) Regular • Every 2 years West Coast Arborists Tree Well Maintenance (61) Backfill tree wells with decomposed granite • As needed 1 & 2 Wilshire Blvd. Service Description Frequency Shift Tree Trimming (66) Regular • Every 2 years West Coast Arborists 66 | IDA Advisory Panel 2017HB -524-Item 22. - 69 Public Works Promenade Maintenance Service Matrix 4/26/2016 8 Section - Transit Mall: Sidewalks on both sides of the streets: • Broadway east side of Ocean Avenue to alley between 5th and 6th Streets. • Santa Monica Boulevard from east side of Ocean Avenue to alley between 5th and 6th Streets. Total Square Footage: 100,980 (Broadway = 44,880 sq. ft. + Santa Monica Boulevard = 56,100 sq. ft.) Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. & 6:00a.m. To 2:30p.m. 2 = 2:00 p.m. to 10:30 p.m. (Sunday – Thursday) 2:30 p.m. to 11:00 p.m. (Friday & Saturday) Transit Mall, Promenade Maintenance: Service Description Frequency Shift Pedestrian Walkways: Sweeper Sweeper / scrubber Pressure Washer Pre-treat stains/ spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • 5 x a week • 5 x a week • 3 x a week • As needed 1 1 1 1 Policing Walk site, sweep & remove debris • Twice daily, as needed 1 & 2 Benches (241) Spray & wipe, polish wood • Once daily, as needed 1 or 2 67 | IDA Advisory Panel 2017HB -525-Item 22. - 70 Public Works Promenade Maintenance Service Matrix 4/26/2016 9 Section - Transit Mall, Promenade Maintenance, Cont’d: Service Description Frequency Shift Drinking Fountains (3) Spray & wipe • daily, As needed 1 or 2 Trash Containers (36) Wipe top, remove trash, replace bag • Four times daily 1 & 2 Trash Container Liners (36) Steam clean & deodorize • As needed 1 Tile Bollards (35) Spray, wipe & polish • Once daily, 5days a week 1 or 2 Informational Signs (6) Spray & wipe • Once daily, 5 days a week 1 or 2 Newspaper Racks Spray & wipe • As needed, 5 days a week 1 or 2 Arbors (6) Spray & wipe • Once daily, 5 days a week 1 or 2 Graffiti Monitor & Remove • Daily, as needed, 1 & 2 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • Daily, as needed, 1 & 2 Off Duty Emergency Call-outs Toxic spills, electrical, water, accidents, etc. • As needed Section - Transit Mall, Public Landscape: Service Description Frequency Shift Tree Trimming (193) Regular • Every 2 years West Coast Arborists Tree Well Maintenance Inspect for grate displacement and/or debris & litter Clean debris, reset tree grates • Daily • As needed, based upon inspections Landcare / In House Irrigation Inspections Check system and controller for proper settings • Weekly Landcare / In House Policing Remove debris from tree wells • Daily Landcare 68 | IDA Advisory Panel 2017HB -526-Item 22. - 71 Public Works Promenade Maintenance Service Matrix 4/26/2016 10 Section – Colorado, Broadway, Santa Monica Blvd., Arizona Avenue & Wilshire Boulevard: Sidewalks on both sides of streets from east side of 5th to the alley east of 7th St. 5th, 6th and 7th Streets: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Service Description Frequency Shift Pedestrian Walkways: Sweeper Sweeper / scrubber Pressure Washer Pre-treat stains/ and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • Twice weekly • Once every three weeks • Once every three weeks • as needed 1 1 1 1 Policing Walk site, sweep & remove debris • As needed 1 or 2 Tree Well Maintenance Clean debris Remove and spray for weeds • Daily, as needed • As needed, based upon inspections 1 1 69 | IDA Advisory Panel 2017HB -527-Item 22. - 72 Public Works Promenade Maintenance Service Matrix 4/26/2016 11 Section - Alleys: • 1st Court: Between Ocean Avenue & 2nd Street from north side of Wilshire Boulevard to south side of Colorado Avenue. • Mall Court West: Between 2nd Street and 3rd Street from north side of Wilshire Boulevard to south side of Broadway. • Mall Court East: Between 3rd Street and 4th Street from north side of Wilshire Boulevard to south side of Broadway. • 4th Court: Between 4th and 5th Streets from north side of Wilshire Boulevard to south side of Colorado Avenue. • 5th Court: Between 5th Street and 6th Street from north side of Wilshire Boulevard to south side of Colorado Avenue. • 6th Court: Between 6th Street and 7th Street from Colorado to Wilshire • 7th Court: Between 7th Street and Lincoln Blvd. from Colorado to Wilshire Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. & 6:00a.m. To 2:30p.m. 2 = 2:00 p.m. to 10:30 p.m. (Sunday – Thursday) 2:30 p.m. to 11:00 p.m. (Friday & Saturday) Alleys, Promenade Maintenance: Service Description Frequency Shift Mall Court East & West Sweeper / scrubber Picks up small debris, applies degreaser, scrubs pavement & recovers excess water • Once Daily, 5 days a week 1 Policing Walk site, sweep & remove debris • daily, 1 & 2 Spills Apply absorbent, collect into plastic bags, pressure washer and scrubber • Daily, as needed 1 & 2 Spot Cleaning & Customer Calls Discarded furniture, appliances, spills, etc. • Daily, as needed 1 & 2 Graffiti Monitor & Remove • Daily, as needed 1 & 2 Weed suppression Remove and spray herbicides • As needed, based upon inspections 1 or 2 Off Duty Emergency Call-outs Toxic spills, electrical, water, accidents, etc. • As needed 70 | IDA Advisory Panel 2017HB -528-Item 22. - 73 Public Works Promenade Maintenance Service Matrix 4/26/2016 12 Section Six - Alleys, Promenade Maintenance, Cont’d. Service Description Frequency Shift 1stt , 4th, 5th, 6th & 7th Courts: Mobile Vacuum Vacuums debris from large areas • Once daily, 5 days a week 1 Policing Walk site, sweep debris • Once daily 1 & 2 Spills Apply absorbent, collect into plastic bags, pressure washer and scrubber • Daily, as needed, 1 & 2 Spot Cleaning & Customer Calls Discarded furniture, appliances, spills, etc. • Daily, as needed, 1 & 2 Graffiti Remove • Daily, as needed, 1 & 2 Off Duty Emergency Call-outs Toxic spills, electrical, water, accidents, etc. • As needed Weed suppression Remove and spray herbicides • As needed, based upon inspections 1 71 | IDA Advisory Panel 2017HB -529-Item 22. - 74 Public Works Promenade Maintenance Service Matrix 4/26/2016 13 Section Lincoln Blvd.-from south side of Colorado Ave. to the north side of Wilshere Blvd. Service Description Frequency Shift Trash Containers Wipe top and/or handle, remove trash, replace bag • Twice daily, Mon-Sun 1 & 2 -End- 72 | IDA Advisory Panel 2017HB -530-Item 22. - 75 I. DOWNTOWN SANTA MONICA PROPERTY-BASED ASSESSMENT DISTRICT (PBAD) SUMMARY FINAL PLAN – APRIL 2008 (4/22) The proposed Downtown Santa Monica Property-Based Assessment District (PBAD) will be a special benefit assessment district that conveys special benefits to the properties located within the district boundaries. As described in this plan, it is proposed that the PBAD will provide enhanced maintenance, ambassador, marketing and special projects, above and beyond those provided by the City of Santa Monica. This approach has been used successfully in downtowns throughout California and the nation, helping to improve and preserve sales, occupancies and overall quality of life. Location: The district will encompass the downtown area bounded roughly by Ocean Avenue to the west, Willshire Boulevard to the north, 7th Street to the east and the Santa Monica Freeway to the south. A map of the proposed district boundary is attached. Improve- A Clean, Friendly & Attractive Downtown: The district will finance ments & services and improvements that will stabilize and improve the downtown Activities: environment and experience for workers, visitors and residents. Services will include: • Maintenance Teams that will work in concert with city crews to sweep, scrub and power wash sidewalks, remove litter and graffiti, increase the frequency of trash removal and maintenance of public spaces within downtown. • Ambassadors to provide information on downtown activities and establishments, provide a downtown “neighborhood watch” to improve public safety, enhance the visitor experience and work productively to reduce street populations. • Homeless Outreach and assistance to reduce the incidence of homelessness in downtown. • Marketing enhancements to help downtown compete with new regional competition and develop more promotions and events targeted to Santa Monica residents. • Special Projects to address a variety of downtown issues, including improving parking availability, reducing traffic congestion and urban design to update streetscape and lighting throughout downtown. Method of Levy of assessments upon real property that benefits from improvements Financing: and activities. Budget: Total district assessment budget for its first year of operation is $3,593,700: 73 | IDA Advisory Panel 2017 HB -531-Item 22. - 76 Activity Budget % of Total Maintenance < see note below > $ 1,289,000 35.9 Ambassadors $ 1,228,000 34.2 Marketing $ 400,000 11.1 Homeless Outreach $ 100,000 2.8 Special Projects $ 250,000 7.0 Administration (10% of programs) $ 326,700 9.1 Total $ 3,593,700 100.0 Assessments for maintenance will be co-managed with more than $2 million from the City of Santa Monica, resulting in a total maintenance budget of approximately $3.3 million. Cost: Annual assessments are based upon an allocation of program costs within three benefit zones and a calculation of lot or building square footage within each zone. The greater of building or lot square footage is determined for each parcel. Three benefit zones are proposed to acknowledge different frequencies of services anticipated within each zone and to account for differing benefits from differential rents and values within the downtown business district. The three proposed zones are: • Promenade • Bayside, including Santa Monica Place and Ocean Avenue • Downtown East A map illustrating the three zones is attached. Residential, government and non-profit uses will pay an adjusted rate. These uses will pay for maintenance and ambassador services, and not for marketing and special projects. Estimated annual maximum assessment rates for the first year of the district are as follows: Lot or Building sq.ft. per Year Lot or Building sq.ft. per Month Promenade $ 0.767 $ 0.0639 Bayside/Ocean $ 0.384 $ 0.0320 Downtown East $ 0.192 $ 0.0160 Bayside/Ocean: Govt/Residential $ 0.273 $ 0.0226 Bayside/Ocean: Non-Profit $ 0.137 $ 0.0114 Downtown East: Govt/Residential $ 0.137 $ 0.0114 Downtown East: Non-Profit $ 0.068 $ 0.0057 Cap: Annual assessments may increase by as much as 5% per year to keep pace with rising prices and other program costs. The determination of annual assessment adjustments will be subject to the review and approval of the PBAD Owner’s Association, which will be the Bayside District Corporation. City The City of Santa Monica has established and documented the base level Services: of pre-existing City services and has evidenced its intention to continue to deliver and/or pay for these services if a PBAD is formed. The PBAD will not replace any pre-existing general City services. 74 | IDA Advisory Panel 2017 HB -532-Item 22. - 77 District The PBAD Owner’s Association will be the Bayside District Corporation Governance: with a new governance structure that ensures representation by a majority of property and business owners within the District. The Owner’s Association board will be composed of 13 directors, including six directors selected by downtown property and business owners, six by the Santa Monica City Council, and the City Manager or his/her designee. The PBAD Owner’s Association will determine budgets, assessment adjustments and monitor service delivery. Existing Downtown has two existing business license-based BIDs that will be BIDs: affected by the new PBAD: • The CBD BID, which has a boundary roughly contiguous with the new PBAD, currently imposes a business license tax on retail businesses. It is the intention of this Plan that the CBD BID will be eliminated. • The Bayside BID, which is bound by Willshire Boulevard to the north, the alley between 4th and 5th Streets to the east, Broadway to the south and the alley between Ocean Avenue and 2nd Street to the west will remain. Provided that the PBAD is formed, it is the intention of this Plan that the Bayside BID assessments will be reduced and boundaries of the BID will be expanded to include the Santa Monica Place shopping center. The Bayside BID will continue to be managed by the Bayside District Corporation. District District creation requires submission of petitions signed by property owners Creation: in the proposed district who will pay more than 40% of total assessments (i.e. petitions must represent more than 40% of the $3,593,700 to be assessed). Petitions are then submitted to City Council and a mail ballot is sent to all affected property owners. The majority of ballots returned, as weighted by assessments to be paid, must be in favor of the PBAD in order for City Council to approve it. Duration: The district will have a 20 year life beginning January 1, 2009. To extend assessments beyond Year 10, an affirmative vote will be required from property owners within the PBAD. The majority of ballots returned, as weighted by assessments to be paid, must be in favor of the PBAD in order for it to continue for an additional ten years. Any subsequent renewal of the District (beyond 20 years) will require a new management plan. Every five years, the Owner’s Association and downtown property owners will undertake a review of the Management District Plan and PBAD programs. Any new or increased assessments that are not consistent with the provisions of this Management District Plan will require a new mail ballot process. The complete PBAD Management Plan and Exhibits are available upon request from the: Bayside District Corporation, 1351 Third Street Promenade, Suite 201 Santa Monica, CA 90401 (Telephone: 310-393-8355) 75 | IDA Advisory Panel 2017 HB -533-Item 22. - 78 76 | IDA Advisory Panel 2017HB -534-Item 22. - 79 Ground Support • Pump is breaking down on watering tank. New pump ordered. 6/21 • New type of hanging basket with an irrigation reservoir will be tested. Cleaned graffiti off kiosk at old Chili’s Safety Patrol Downtown District Safety Patrol 77 | IDA Advisory Panel 2017 HB -535-Item 22. - 80 Lake District Safety Patrol • Homeless found washing clothes in TBP restroom sink and hanging them on a makeshift clothesline. 6/16 9:10 a.m., others: 6/18 6:30 a.m., 6/18 8:00 a.m. • Drone found flying over the marina. Operator found in Vela Apartments pool area. 6/16 7:43 p.m. • Male found flying drone around Tempe Beach Park. 6/16 10:00 p.m. • Male found flying drone on the east side of the TCA. 6/16 11:04 p.m. • Homeless found bathing in TBP restroom sink. 6/18 6:30 p.m. • Police called for a subject who continually trespasses and refuses to comply with requests to not trespass on the east side of lake. Subject left prior to police arrival. 6/19 6:43 a.m. • Transients arguing and throwing things around in TBP. SP was able to calm situation down. 6/19 10:30 p.m. • Trespassing on the boat rental dock. 6/19 2:25 a.m. • Two vehicles were burglarized in the SRP Marina Parking Lot. 6/20 7:50 p.m. • Fire department called for a bush on fire on Mill Ave. near Rio Salado Pkwy. between the two bridge spans. 6/21 6:48 a.m. • Patrol Boat taken to shop for repair. Will not shift into reverse. 6/21 5:00 p.m. • PD contacted for subjects on the top of the heavy rail bridge trusses. 6/21 7:55 p.m., 4 trespassers on the heavy rail bridge. 6/22 8:05 p.m. • Assisted PD in search for a suicidal male threatening to jump off the pedestrian bridge. 6/21 10:50 p.m. • Car parked by the TCA entrance. 6/22 10:00 a.m. Fire between Mill Ave Bridges Illegal Parking TCA Heavy Rail Bridge 78 | IDA Advisory Panel 2017 HB -536-Item 22. - 81 Red denotes early shift activity. Lucas Scott has been doing a tremendous job on the early shift. Unfortunately he has given two week notice of his resignation due to personal medical issues. We are short personnel which will temporarily effect staffing levels. • Homeless sleeping on the Flour Mill Stage 6/16 8:38 a.m. • Homeless sleeping by Salvation Army 6/16 9:05 a.m. • Skateboarders found skating on the arts park @ 5th and Maple 6/16 10:17 a.m. • Trespasser at the abandoned apartments 7th St. and Myrtle. 6/17 11:37 a.m. • Male sleeping in the sun at construction site at Hayden Station. 6/17 12:40 p.m. • Medics called for unconscious male on ground at Sparky’s 6/18 11:54 a.m. • Shopping cart full of garbage found at 2nd St . and Mill Ave. • Two joggers, on two separate occasions, thanked Safety Patrol and the District for our presence to deal with the people and “undesirable actions”. 6/19 • A familiar homeless couple asked SP to contact H.O.P.E. for them because they want to get off the street. HOPE met them at 3rd and Mill. We have called the H.O.P.E before for this couple. 6/19 12:45 p.m. • Someone attempted to steal a bicycle outside Elliott Management (across from the office). 6/19 3:40 p.m. • Sleeping on sidewalk in front of NCounter. 6/20 7:27 a.m. • Jack-in-the-Box called for transient passed out on their patio. 6/20 2:24 p.m. • Manager of Starbucks reported unwanted non customer transient trespassers on his patio, 6/22 12:45 p.m. • Desert Roots owner reports suspicious intoxicated person. 6/22 2:20 p.m. Flour Mill Stage By Salvation Army @ Hayden Station Familiar Homeless Couple @ Sparky’s Patio S Mill Ave. @ 2nd St. St. Mary’s Church @ Ncounter 79 | IDA Advisory Panel 2017 HB -537-Item 22. - 82 DTA POINT IN TIME COUNTS @ 12:00 P.M. FOR THE WEEK: 80 | IDA Advisory Panel 2017 HB -538-Item 22. - 83 Page 1 of 5 2015 / 16 2016 / 17 Final Budget Final Budget SUPPORT & REVENUES 40000 Bayside Assessment 1,406,500$ 1,406,500$ 40100 CBD Assessment 220,000$ 220,000$ 40200 BID Assesment 3,854,832$ 4,009,025$ 40205 Lincoln Assessment 438,856$ 438,856$ 40210 Colorado Overlay 362,792$ 366,420$ 40211 Contracts for Service -$ -$ 40300 Dolphin Donations 4,000$ 10,800$ Transfer from Dolphin restricted funds*6,500$ -$ 40400 Special Events 7,500$ 7,500$ 40500 Filming 75,000$ 65,000$ 40600 ICE at Santa Monica 800,000$ 949,489$ 40800 Ice Rink Sponsorship 40,000$ 55,000$ 40900 Other Income 20,000$ 33,200$ 40950 Parking Structure Advertising 70,000$ 400,000$ 41000 Interest -$ 20$ TOTAL INCOME 7,305,980$ 7,961,810$ PERSONNEL 60100 Salaries 997,798$ 1,012,765$ 60900 Payroll Taxes 69,588$ 75,957$ 60700 Insurance Benefits 162,047$ 162,047$ 60800 Retirement 45,657$ 50,638$ PERSONNEL TOTAL 1,275,090$ 1,301,408$ ADMINISTRATION 60200 Bank Charges 1,000$ 871$ BANK CHARGES TOTAL 1,000$ 871$ 60300 General Office Supplies 60310 Office Supplies 15,000$ 15,000$ 60320 Computers/ Software 12,500$ 15,000$ 60330 Computer Maintenance 8,750$ 8,750$ 60340 Furniture 2,000$ 2,000$ 60350 Other Equipment 500$ 500$ GENERAL OFFICE TOTAL 38,750$ 41,250$ 60400 Occupancy 60410 The 1351 Building 192,228$ 197,995$ 60420 Security 1,760$ 1,760$ 60430 Electric 7,250$ 10,000$ 60440 Storage 6,000$ 7,475$ 60450 Cleaning 1,500$ 1,500$ OCCUPANCY TOTAL 208,738$ 218,730$ 60500 Telephone/Internet 60510 Office Phones 8,000$ 8,000$ 60520 Cell Phones 8,800$ 8,800$ TELEPHONE TOTAL 16,800$ 16,800$ 60600 Printing & Notifications 500$ 2,000$ PRINTING & NOTIFICATIONS TOTAL 500$ 2,000$ SUPPORT & REVENUES EXPENSES DOWNTOWN SANTA MONICA, INC. FY17 OPERATING BUDGET-FINAL (BOD approved 4/28/16) 81 | IDA Advisory Panel 2017 HB -539-Item 22. - 84 Page 2 of 5 2015 / 16 2016 / 17 Final Budget Final Budget 61000 Professional Services 61010 Accounting 12,000$ 12,350$ 61020 Audit 17,000$ 8,750$ 61030 Legal 10,000$ 20,000$ 61040 Payroll Processing 4,000$ 4,000$ 61050 403 B Admin 4,250$ 4,250$ 61060 Human Resources 5,000$ 6,500$ PROFESSIONAL SERVICES TOTAL 52,250$ 55,850$ 61200 Equipment Rental 5,250$ 6,500$ EQUIPMENT RENTAL TOTAL 5,250$ 6,500$ 61300 Taxes & Licenses 300$ 300$ TAXES & LICENSES TOTAL 300$ 300$ 61400 Repairs & Maintenance 3,000$ 3,000$ REPAIRS & MAINTENANCE TOTAL 3,000$ 3,000$ 61500 Membership & Subscriptions 4,000$ 4,000$ MEMBERSHIP & SUB TOTAL 4,000$ 4,000$ 61700 Postage 61710 Postage Machine 2,000$ 2,200$ 61720 General Postage 3,500$ 1,000$ POSTAGE TOTAL 5,500$ 3,200$ 61800 Travel & Auto 27,500$ 27,500$ TRAVEL & AUTO TOTAL 27,500$ 27,500$ 61900 Education & Staff Development 10,000$ 10,500$ EDUCATION & STAFF DEV. TOTAL 10,000$ 10,500$ 62400 Documentation 250$ -$ DOCUMENTATION TOTAL 250$ -$ 62700 Insurance 62710 Commercial Package 16,787$ 30,000$ 62720 Directors & Officers 19,440$ 1,300$ 62730 Workers Comp 12,000$ 15,000$ INSURANCE TOTAL 48,227$ 46,300$ 62800 Parking (Board)1,500$ 1,500$ PARKING TOTAL 1,500$ 1,500$ 62900 Service Recognition 4,500$ 5,500$ SERVICE RECOGNITION TOTAL 4,500$ 5,500$ ADMINISTRATION TOTAL 428,065$ 443,801$ BUSINESS DEVELOPMENT 62000 Meetings 62010 DTSM Board Meetings 4,500$ 4,750$ 62020 DTSM Board Dinner 3,000$ 3,000$ 62030 DTSM Retreat 7,500$ 7,500$ 62040 Stakeholder Meetings 2,500$ 2,500$ 62050 Annual Meeting & Report 45,000$ 45,000$ 62060 Community Meetings 500$ 500$ MEETINGS TOTAL 63,000$ 63,250$ 82 | IDA Advisory Panel 2017 HB -540-Item 22. - 85 Page 3 of 5 2015 / 16 2016 / 17 Final Budget Final Budget 62100 Development 12,500$ 12,750$ DEVELOPMENT TOTAL 12,500$ 12,750$ 62200 Consultants 62210 Retail Consultant 73,000$ 72,000$ 62220 Research 65,000$ 75,000$ 62240 Database Development 15,000$ 15,000$ 62250 Stakeholder Survey 4,500$ 4,500$ 62260 Pedestrian & Auto Stats 15,000$ 20,000$ CONSULTANTS TOTAL 172,500$ 186,500$ BUSINESS DEVELOPMENT TOTAL 248,000$ 262,500$ MARKETING AND PROMOTIONAL 63000 Newsletter 63010 Writing 8,000$ 12,000$ 63020 Printing 18,000$ 24,000$ NEWSLETTER TOTAL 26,000$ 36,000$ 63900 Publications 63910 Directory 50,000$ 48,000$ 63920 The Memo 1,500$ 1,500$ PUBLICATIONS TOTAL 51,500$ 49,500$ 63100 Community Events & Promotion 63101 Community Events/Support 80,000$ 96,150$ 63102 Meetings & Sponsorships 20,500$ 25,000$ 63103 Holiday Promotion 10,000$ -$ COMMUNITY & EVENTS TOTAL 110,500$ 121,150$ 63105 Downtown Employee Rewards Program 3,000$ 3,000$ DTERP TOTAL 3,000$ 3,000$ 63110 Marketing Promotion Tourism Marketing 63111 Printed Voucher 1,500$ -$ 63112 Rewards Book & Bag 30,000$ 30,000$ 63113 Strategic Partnerships 5,000$ 15,000$ 63114 Where Magazine 10,000$ -$ 63115 OVG & Map 8,000$ -$ 63116 CA State Guide 5,000$ -$ 63117 City Explorer TV 15,000$ -$ 63118 Giveaways 5,000$ 10,000$ 63120 Creative Development 155,000$ 70,000$ 63125 Printed Collateral 15,000$ 15,000$ 63130 Ad Creative -$ -$ 63135 Photography 20,000$ 20,000$ 63140 Social Media 15,000$ 12,000$ MARKET PROMOTION TOTAL 284,500$ 172,000$ 63155 Public Relations 63160 General Retainer & Crisis Mgmt 72,000$ 72,000$ 63165 Events, Meetings & Releases 5,000$ 2,500$ 63170 Photo Library 2,500$ -$ PUBLIC RELATIONS TOTAL 79,500$ 74,500$ 83 | IDA Advisory Panel 2017 HB -541-Item 22. - 86 Page 4 of 5 2015 / 16 2016 / 17 Final Budget Final Budget 63200 Winter Holiday 63210 Events 94,000$ 94,000$ 63220 Winter Décor 150,000$ 160,000$ 63230 Advertising/AV 30,000$ 50,000$ 63235 Sponsorship Fulfillment -$ 43,000$ 63240 PAL - Best Gift Ever 2,500$ -$ 63245 Print & Promotions 2,500$ -$ WINTER HOLIDAY TOTAL 279,000$ 347,000$ 63300 Advertising (including co-ops)70,000$ 95,000$ 63305 Parking Structure Ads -$ 320,000$ ADVERTISING TOTAL 70,000$ 415,000$ 63450 Internet Support 63460 Website Maintenance 24,000$ 12,000$ 63470 Hosting Services 8,000$ 10,000$ 63480 Internet Subscriptions 2,000$ 2,000$ INTERNET SUPPORT TOTAL 34,000$ 24,000$ 63700 Downtown Signage 70,000$ 80,000$ DOWNTOWN SIGNAGE TOTAL 70,000$ 80,000$ MARKETING TOTAL 1,008,000$ 1,322,150$ ICE 63260 Ice Rink 660,000$ 853,468$ ICE TOTAL 660,000$ 853,468$ OPERATIONS AMBASSADORS 65000 Ambassadors 65100 65100 Hospitality Contract 1,365,000$ 1,399,125$ 65105 Lincoln Contract 134,658$ 135,000$ 65110 Colorado Contract 165,000$ 167,000$ 65200 65200 Data Base Dev/Tech 8,750$ 8,750$ 65300 65300 Contingency 1,500$ -$ 65400 65400 Supplies & Materials 500$ 1,500$ AMBASSADORS TOTAL 1,675,408$ 1,711,375$ BID MAINTENANCE 67000 BID Maintenance 67100 67100 Power Washing 530,000$ 530,000$ 67200 67200 Maintenance Contract 775,000$ 798,250$ 67205 Lincoln Contract 114,303$ 113,961$ 67210 Colorado Contract 160,000$ 161,600$ 67250 67250 General Maintenance 75,000$ 79,500$ 67300 67300 Equipment/Supplies 500$ 2,500$ 67400 67400 Contingency 2,500$ -$ BID MAINTENANCE TOTAL 1,657,303$ 1,685,811$ SPECIAL PROJECTS 68000 Special Projects 68150 68150 Website Development 150,000$ -$ 68205 Beautification (Lincoln)100,000$ 100,000$ 68350 68350 Special Projects TBD 25,000$ 153,998$ 68400 68351 Art Banners 50,000$ -$ 68400 68400 Visioning -$ 10,000$ SPECIAL PROJECTS TOTAL 325,000$ 263,998$ 84 | IDA Advisory Panel 2017 HB -542-Item 22. - 87 Page 5 of 5 2015 / 16 2016 / 17 Final Budget Final Budget OUTREACH SUPPORT PROGRAM 69000 Outreach Program Support 69100 69100 Program Support 93,000$ 104,000$ 69200 69200 Misc. Outreach Support 2,500$ 2,500$ OUTREACH SUPPORT PROGRAM TOTAL 95,500$ 106,500$ OPERATIONS TOTAL 3,753,211$ 3,767,684$ DOLPHIN 66000 Security and Maintenance 500$ 500$ 66100 Contributions 10,000$ 10,300$ DOLPHIN PROGRAM1 10,500$ 10,800$ TOTAL INCOME 7,305,980$ 7,961,810$ TOTAL EXPENDITURES 7,382,866$ 7,961,810$ BALANCE (76,886)$ 0$ RESERVES 76,886$ 1. Dolphin Change Program will go into reserves until depleted. Board action 3/22/12 85 | IDA Advisory Panel 2017 HB -543-Item 22. - 88 The Memo May 2017 Spreading love for Downtown businesses Downtown Santa Monica, Inc. would like to congratulate the DTSM businesses that won the 4th Annual Most Loved Santa Monica Contest in which residents, employees and visitors voted throughout the month of February for the businesses they just can’t live without. And the winners are: •Harvelle’s — Most Loved Live Music/Entertainment Venue •OrangeTheory Fitness — Most Loved Fitness/Yoga/Dance Studio & Best Santa Monica Vibe •Salon Tru — Most Loved Salon/Spa •Bezian Bakery — Most Loved Farmers’ Market Food Vendor •Fairmont Miramar Hotel & Bungalows — Most Loved Hotel for a Staycation Nearly 4,000 votes were cast in this year’s contest, which featured 26 categories. The contest was launched in 2014 as part of the Buy Local Campaign, which DTSM, Inc. sponsors. The campaign was created to support local businesses and encourage local buying that strengthens our thriving community by raising awareness about the economic, environmental and community benefits of thinking local first. To learn more about how your business can get involved visit www.buylocalsantamonica.com. Number of Homeless in Santa Monica increases The number of people living on the streets and in shelters in Santa Monica has increased to 921 individuals, city officials said earlier this month when they released results of this year’s Homeless Count. The number of homeless individuals in Santa Monica increased by 26 percent over last year, with 581 people living on the street and another 340 in shelters, jails or hospitals. City officials said the homeless problem is not confined to Santa Monica and must be addressed with a regional solution that incorporates all partners, including other cities and the County of Los Angeles. The region-wide homeless population exceeded 46,000 in 2016. The most recent homeless county results for LA County have not yet been released. An extreme housing shortage, coupled with stagnant wage growth, may be to blame for the increase, city officials said. Shelters are at capacity and the issue is at a “tipping point.” Help is on the way. In November, county voters approved Measure H, a half-cent sales tax increase to fund homeless programs, while voters in Santa Monica approved Measure GSH, which sets aside millions for the construction and preservation of affordable housing. The City of LA has also approved a similar measure to fund programs, services and housing. City officials said they are taking a multi-pronged approach to combating homelessness, focusing on services to fight addiction, bolstering tenants’ rights, rolling out a senior housing task force to prevent low-income seniors from eviction and homelessness. The City has also created the Homeless Multi-Disciplinary Street Team serving the 25 most vulnerable homeless individuals, providing intensive care and housing. Santa Monica’s homeless population is predominantly male (83 percent), with many being new to the area (29 percent report being in Santa Monica less than 1 month). Over half has been homeless for more than 5 years. For more information, please visit smgov.net/homelessness. If you see someone who needs assistance, please contact Downtown Ambassadors at 310.877.7731 or call Neighborhood Resource Officer Peter Lashley at 424.200.0682 or email peter.lashley@smgov.net. Marketing Report May 2017 Advertising Printed Collateral Blog Stories Most Loved Santa Monica Guide The Memo Kentucky Derby comes to Downtown Santa Monica Chamber Installation Program Downtown Walking Maps Mother’s Day in Downtown Santa Monica Twilight Concert Series Guide Promenade Directory Maps Lemonade Unveils New Chef’s Seasonal Plates Fresh for Spring Camera Obscura’s Summer Lineup of Artist Workshops 86 | IDA Advisory Panel 2017 HB -544-Item 22. - 89 Social Media # of Posts # of Fans Facebook 79 15,472 Instagram 28 2,818 Twitter 90 11,346 # of Event Permits # of Film Permits 0 10 Events & Filmings 87 | IDA Advisory Panel 2017 HB -545-Item 22. - 90 Operations Report May 2017 Created: 5/23/17 Interaction March April May Business Contact 990 1,122 660 Business Referral 1,474 1,384 779 Santa Monica Place 304 399 291 Restroom Directions 808 1,122 1,051 PS4 Restroom Count 38,593 41,187 25,642 Pedestrian Assist 4,723 5,998 4,773 Hospitality Escort 82 69 62 Metro Related Assistance 459 483 207 Big Blue Bus Info 230 254 156 Vehicle Assist 22 43 10 Skateboarding/Bicycling/ Rollerblading 1,190 1,804 1,306 Smoking 1,047 1,471 1,079 Sleeping 152 215 201 Grafitti Removal 92 167 64 Bill/Stickers Removed 55 69 78 Debris 10,910 11,718 7,288 Overflowing Trashcans Leveled 12 25 14 Unkempt Property Cleanup 1 1 0 Weed Abatement 6 19 0 Ambassador Interactions: Zone 1, 2, 3, L 88 | IDA Advisory Panel 2017 HB -546-Item 22. - 91 Zone 1 Zone 2 Zone 3 Zone L Alleys Alleys -- Third Street Promenade Sidewalks -- PS 4 & PS 6 -- -PS Lobbies -- Power Washing Interaction March April May Business Referral 129 195 125 Restroom Directions 373 698 473 Tongva Restroom Count 9,765 9,902 4,996 Pedestrian Assist 2,731 3,127 2,361 Hospitality Escort 15 17 6 Metro Related Assistance 125 144 114 Park Violation 203 221 128 Smoking 1,165 1,339 1,175 Sleeping 1,212 1,124 1.051 Observation - Substance Abuse 4 12 13 Request Assist - Police 2 2 4 Social Service Referral 79 81 57 Grafitti Removal 21 132 71 Bill/Stickers Removed 29 34 28 Narcotic Paraphernalia 2 6 4 Biohazard - Needle 1 0 0 Debris 9,542 11,619 8,804 Rodents 633 457 422 Walkway Obstruction 9 3 0 Ambassador Interactions: Tongva/Palisades Park 89 | IDA Advisory Panel 2017 HB -547-Item 22. - 92 EVENT/CAMPAIGN: PEOPLE – Who is the target audience & what are their needs & wants? OBJECTIVES – What are we trying to accomplish & where does that intersect with the target audience’s needs & wants? STRATEGIES – What are we going to do to meet our objectives, while satisfying our target audience’s needs & wants? TACTICS – How will we support the strategies with tools, tactics, and/or technologies? RESULTS – What are our KPIs, metrics & ability to know that we’re on plan to meet our goals, when we’ve surpassed them, or when to course correct? 90 | IDA Advisory Panel 2017 HB -548-Item 22. - 93 Date: August 2016 Prepared by: Erika, Julie, Lori, Miranda Produced annually by the Downtown Tempe Authority (DTA), the State of Downtown Tempe event gives true meaning to data, statistics and trends for use by the general public and stakeholders. The event provides a detailed narrative of Downtown Tempe in a visually engaging year-in-review format. In 2015, the IMPACT Awards were introduced as a way to recognize outstanding achievements among our downtown stakeholders in five categories: Business, Cultural, Economic, Environmental and Social. In just two years, the State of Downtown Tempe event has become a respected event among both the private and public sectors to better understand our evolving downtown and how our organization increases the value of Downtown Tempe through enhanced management, safety, marketing and promotional services. October 18th, 2016: 5-7pm POSTR process: PEOPLE: Who is our target audience and what are their needs & wants? OBJECTIVES: What are we trying to accomplish and where does that intersect with our target’s needs & wants? STRATEGIES: What are we going to do to meet our objectives, while satisfying our target’s needs & wants? TACTICS: How will we support the strategies with tools, tactics and technologies? RESULTS: What are our KPI, metrics and ability to know that we’re on plan to meet our goals, when we’ve surpassed them or when to course‐correct? STATE OF DOWNTOWN | POSTR INTRODUCTION METHODOLOGY 91 | IDA Advisory Panel 2017 HB -549-Item 22. - 94 DTA is tasked with several objectives, in priority order:  Share/highlight information in Annual Report in visual/engaging manner  Preview program and initiatives for the upcoming fiscal year  Active a public space  Acknowledge previous year’s contributors  Raise money and awareness for the Tempe Mission  Provide a “must-attend” engaging/entertaining event for stakeholders to attend and “own”  Cover a portion of the cost of the event (% or $ amount…?) For this event, we will not target specific developed personas, but specific segments of Downtown Tempe populations: 1. Merchants 2. Property Owners 3. Employers 4. Residents 5. Community Partners – City of Tempe, Tempe Tourism, Chamber of Commerce, Local First AZ 6. Sponsors State if Downtown Tempe includes foci on the following:  Presentation  Utilize Mission Alley – unused space, but great location for special events  IMPACT Awards  Raffle and/or Auction  Sponsorship and/or In-Kind Donations  Food/Drink State of Downtown Tempe tactics to support strategies:  Strategically program small scale performances (busker style) to deliver highlights/info from Annual Report (consider recommendations from BRV report Buskers to consider: • Graffiti artist • Spoken word • Comedy skit • Dueling pianos OBJECTIVES PEOPLE STRATEGIES TACTICS 92 | IDA Advisory Panel 2017 HB -550-Item 22. - 95  Provide a takeaway item to guests that contains the Annual Report  Secure 5-10 worth-while raffle/auction items Items to consider: • 1 year parking pass • Hotel stays • Flagstaff Extreme experience • VIP tickets to the Fantasy of Lights Boat Parade • Bike  Signature cocktail provided by Mission Palms  Variety of small plates/bites provides by restaurants located in Mission Alley Success of the State of Downtown looks like the following:  Sell 175 tickets for the State of Downtown Tempe event  A variety of downtown stakeholders represented in attendance  Raise $2500 for the Tempe Mission campaign  Successful activation of special event in Mission Alley $15K - Event $2500 – Marketing ADDITIONAL NOTES: Timeline  5:00 | Arrival, photos, drinks  5:20 | Presentation  5:40 | Award  6:00 | Mix ‘n Mingle, auction, raffle Mobile Mission Meter (Adam) Save the Date Postcards (Kate) Layout/Space  Smoke shop patio/balcony  Drape staircase and string lights  Space for chairs with room for fire…?  Remove stump RESULTS BUDGET 93 | IDA Advisory Panel 2017 HB -551-Item 22. - 96 94 | IDA Advisory Panel 2017HB -552-Item 22. - 97 Intro & Agenda Draft Project Summary and Recommendations 5th Street Curb Lane Management Bicycle Parking Parking Analysis Modeling, Future Demand, Parking Facilities, Dynamic Pricing Parking Requirements Asset Management Next Steps 95 | IDA Advisory Panel 2017HB -553-Item 22. - 98 Stakeholder Involvement 2 mini-charettes Focus group One-on-one dialogue Online survey (212 responses): Customers generally park on-street 1 –2 blocks away or in a business parking lot Employees park off-street in their businesses' parking facility or in a private facility Safety, availability, and proximity are the most important aspects in parking downtown 77% of people find parking in under 10 minutes 50% of people stated building a new parking garage is most important 96 | IDA Advisory Panel 2017HB -554-Item 22. - 99 5TH STREET CROSS SECTION RECOMMENDATIONS Task : •Create a more user-friendly street configuration •Review land uses, traffic volumes, and development plans •Conduct Complete Street academic review •Create conceptual-level improvements to the roadway cross section 97 | IDA Advisory Panel 2017HB -555-Item 22. - 100 5th Street East of Mill 98 | IDA Advisory Panel 2017HB -556-Item 22. - 101 5th Street West of Mill 99 | IDA Advisory Panel 2017HB -557-Item 22. - 102 1st Street–Phoenix Implementation Strategies Potential Cost $2.5M -$5M (complete) Up to $150k (short term) Transitional Treatments Restripe additional parking spaces (approximately 69) and add new meters Buffered bike lanes Landscaped/painted curb Beautify space Narrow travel lanes Template for 6th and 7th while preserving character of each street Placeholder in CIP for grants 100 | IDA Advisory Panel 2017HB -558-Item 22. - 103 CURB LANE MANAGEMENTRECOMMENDATIONS Task: •Evaluate existing curb lane structure •Provide management strategies aimed at promoting a more efficient and effective curb lane experience for users On-Street Parking Commercial Loading Taxi Stands Motorcycle Parking 101 | IDA Advisory Panel 2017HB -559-Item 22. - 104 Managing Commercial Loading Use Code to define commercial vehicles Option 1: Restrict loading to between 5:00am to 10:00am only by code Option 2: Tiered permit system Allow flexibility through permitting Open metered spaces to commercial vehicles 102 | IDA Advisory Panel 2017HB -560-Item 22. - 105 Taxi Loading Existing taxi loading Additional Taxi Stand on 7th Convert to commercial loading during 8am to 10 am period ~14 additional taxi loading spaces Meter Conversion at 6th Street Requires additional enforcement to ensure turnover Potential to remove meters at 6th Street for taxi loading Property owner interested ~19 additional taxi loading spaces 103 | IDA Advisory Panel 2017HB -561-Item 22. - 106 On-Street Parking Policies Motorcycle parking Maximize space Hatched or corner areas Dual space coin meters Paint no parking ADA hatches Education/Communication Overnight parking Pre-payment option 10:00am pick-up Consolidated on-street parking spaces (remove hatches) ~38 additional spaces 104 | IDA Advisory Panel 2017HB -562-Item 22. - 107 Parklet Eliminate a parking spot to: Activate street Create public space Support business and pedestrian activity Best used with active businesses Restaurants/bars Mill Ave, 6th or 7th St. Higher demand Better visibility High foot traffic Pilot Test/Partner with local business Parklet Matt’s Big Breakfast –Phoenix 105 | IDA Advisory Panel 2017HB -563-Item 22. - 108 BICYCLE PARKING RECOMMENDATIONS Task: •Research on and off-street bicycle parking •Conduct peer city best practice reviews •Review solutions to event bicycle parking demand •Provide recommendations and best management practices related to on and off-street bicycle parking 106 | IDA Advisory Panel 2017HB -564-Item 22. - 109 General Bike Parking Improvements Existing racks on Mill ~430 spaces Minimize deviation code requirements In lieu fee Secure and traditional rack parking requirements Support location and visibility through code Temporary racks in metered spaces for events Creative bicycle parking Art in Private Development Public art project Tempe Use Minimum Secured/Racks (%) Office 1 per 8,000sf 20/80 Restaurant 1 per 500sf 0/100 Retail 1 per 7,500sf 20/80 Residential 1 per unit 60/40 107 | IDA Advisory Panel 2017HB -565-Item 22. - 110 On-Street Bike Corral Pilot Bike Corral Pilot Maintenance Responsibility Measuring Success Occupancy User Experiences Sales Tax Foster Community Support Businesses Breweries Community Groups Coordinate with property owners YAM 108 | IDA Advisory Panel 2017HB -566-Item 22. - 111 Event Bicycle Parking Issue Event bike parking demand straining existing supplies Illegally parked bikes Event permit Require large events to provide additional bike parking Large events likely to have high bike parking demand Bike valet or temporary infrastructure Define attendee threshold What size events need additional bicycle parking? Permanent bike valet in Beach Park low impact on event space 109 | IDA Advisory Panel 2017HB -567-Item 22. - 112 PARKING ANALYSIS Tasks: •Develop parking demand model •Evaluate existing conditions and future scenarios •Evaluate future parking facilities •Review demand based pricing 110 | IDA Advisory Panel 2017HB -568-Item 22. - 113 Existing Conditions Handful of facilities represent the total surplus 5th and Farmer, US Air, West 6th, Hayden Ferry, Tempe Beach Park, etc. Removing those facilities minimizes the surplus to ~1,100 spaces Not including event demand or current construction Use dynamic pricing (location/season/time of day) High-demand on-street parking priced higher that off- street parking 111 | IDA Advisory Panel 2017HB -569-Item 22. - 114 Current Projects Current projects include the construction of 9,300 parking spaces These spaces represent 5,700 additional spaces of surplus When removing this surplus (and the previous fringe, underutilized facilities), the surplus is ~600 spaces Current surplus represents a 7% effective cushion 112 | IDA Advisory Panel 2017HB -570-Item 22. - 115 Future Build-Out Full build-out increases demand by 3,000 spaces New projects add 2,600 spaces (USA) and removal of 1,200 spaces Deficit for Publicly Available Spaces = -1,600 New parking facilities should be evaluated in south and/or west areas of study area Public-Private partnership with new development Future Parking Opportunities 113 | IDA Advisory Panel 2017HB -571-Item 22. - 116 PARKING REQUIREMENTS Tasks: •Present parking requirements reflective of an urban area based on: •Generation rates from the Park+ model •Peer city review •Existing projects and proposed standards 114 | IDA Advisory Panel 2017HB -572-Item 22. - 117 Reduced parking requirements for subsidized transit passes –Ex. Boulder Business by business basis Lease renewal with reduced parking requirements Reduce or remove parking minimums (consider tenant demand) Implement parking maximum Reduce potential for overbuild Utilize shared facilities to improve and balance demands in the downtown Parking Requirements –Recommendations Tempe Park+Austin Boulder Seattle Office (per ksf)3.33 2.1 2.178 0 0 Retail (per ksf)3.33 0.78 2.178 0 0 Restaurant (per ksf)13.333 6.7 6 (<2,500sf) 7.58(>2,500sf)0 0 Residential (per dwelling) Studio: 1 4 bed: 3 1.1 1 bed: 0 .9 1+bed: +0.3 for each additional 1.25 per 1 bedroom unit 0 115 | IDA Advisory Panel 2017HB -573-Item 22. - 118 ASSET MANAGEMENT Tasks: •Review potential to create a new parking management entity that has the capacity to control and operate existing parking assets and finance new facilities •Review local legislation and organizational strategies •Evaluate parking management options, potential for public/private partnerships, and financing strategies 116 | IDA Advisory Panel 2017HB -574-Item 22. - 119 Management Styles Consolidated and Vertically Integrated Parking Authority Contract or Business District Parking District or Commission Model Professional Services Management Department Director and City staff Parking Board Downtown BID Downtown BID Admin level parking services group and third party parking management firm Advantages City Controlled Bonding capability Community engagement and planning Revenues reinvested into District On-call services agreements Disadvantages Governed by City/General Fund Needs Utilitarian Portion of revenues into General Fund Portion of revenues into General Fund Staff turnover and Management Agreements 117 | IDA Advisory Panel 2017HB -575-Item 22. - 120 Parking Capital Fund Maintain Current Structure The current management style allows for efficient management of parking while promoting enhanced customer service Amend current agreement between City and DTC to define: Preventative maintenance responsibilities, including repairs and restoration of existing facilities Define a Special Parking Capital Fund –including minimum and maximum values Accounting practices to govern the agreement Special Parking Capital Fund Parking Capital Projects –new build and maintenance Identify use, timeframe, and long range construction plans Excess revenue (above maximum account limit) into General Fund 118 | IDA Advisory Panel 2017HB -576-Item 22. - 121 SUMMARY 119 | IDA Advisory Panel 2017HB -577-Item 22. - 122 Near Term Opportunities Bike Corral Pilot Parklet Pilot Additional taxi loading zones Motorcycle parking improvements Overnight pre-paid parking Creative bicycle parking Courtesy notes for illegally parked bicycles Commercial parking policies Establish parking enterprise fund 120 | IDA Advisory Panel 2017HB -578-Item 22. - 123 Long Term Opportunities Full 5th Street improvements Consolidate curb lane practices and policies Modified bicycle parking requirements Modified parking requirements 121 | IDA Advisory Panel 2017HB -579-Item 22. - 124 Top 5 Recommendations 1.Begin initial improvements to 5th Street and identify funding for long term objectives 2.Implement improved commercial loading system and dynamic pricing 3.Create a parking special enterprise fund 4.Modify parking requirements to reflect the context of Downtown Tempe parking 5.Actively reach out to private developers for public- private, centralized, shared public parking 122 | IDA Advisory Panel 2017HB -580-Item 22. - 125 QUESTIONS 123 | IDA Advisory Panel 2017HB -581-Item 22. - 126 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: VIA: FROM: DATE: August 16, 2017 Travis K. Hopkins, PE, Director of PO3li veWorks Honorable Mayor and City Council Members If J Fred A. Wilson,10' anager SUBJECT: City Council Agenda August 21, 2017 — Downtown Maintenance and Public Improvements Report At the June 19, 2017 City Council meeting, staff presented potential areas of the enhanced downtown maintenance district that needed additional maintenance and repairs. At that time, City Council directed staff to provide an ongoing update on maintenance enhancements, unbudgeted needs, partnering with downtown Huntington Beach Downtown Business Improvement District (HBDBID). Since the June 19, 2017 City Council meeting, Public Works staff has taken steps to address some of the core maintenance issues in the downtown area. The City has since paved and striped Main Street from PCH to Adams, replaced water utility air vac housing grates, repaired and replaced various utility covers, planter bricks, graffiti and sticker removal, pavers and skate stops. Staff will continue working with the HBDBID to prioritize various projects and additional maintenance needs on the downtown maintenance and repairs priority list and funding opportunities to address unbudgeted funding needs. The City is seeking a continued partnership with the HBDBID, business owners, and property owners in order to help beautify the downtown area. At this time, staff is recommending to return to Council in 90 days with a status update of maintenance enhancements, unbudgeted needs, and various identified projects. TKH:DLB:klw HB -582-Item 23. - 1 Mike Posey, Mayor Pro Tern Erik Peterson, City Council Member From: CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT INTER-DEPARTMENT COMMUNICATION To: Honorable Mayor and City Council Members Date: August 14, 2017 Subject: CITY COUNCIL MEMBER ITEM FOR THE AUGUST 21, 2017, CITY COUNCIL MEETING — CHANGE COMPOSITION OF COMMUNITY SERVICES COMMISSION STATEMENT OF ISSUE: The Community Services Commission (CSC) currently consists of thirteen members. Municipal Code — Chapter 2.64.025 states that (7) members are individual City Council appointments serving four-year terms, and Chapter 2.64.040 states that six (6) members are school district representatives serving one-year terms. Recommendations for school district appointments are made by each of the district's administrative staff or Board of Trustees. District recommendations are then approved by the City Council. In an effort to bring the Community Services Commission structure in line with that of the Planning and Public Works Commissions, we are recommending the following change: Allow each of the six (6) school districts to recommend one (1) liaison, non-voting member to the seven (7) member Community Services Commission. Community Services Commission meetings will agendize a portion of the meeting to hear liaison reports and requests. RECOMMENDED ACTION: Direct the City Attorney to amend Chapter 2.64 of the municipal code, changing section 040 to clearly state that each of the six (6) School Districts may recommend one (1) liaison, non-voting member to the Community Services Commission for City Council appointment, thereby changing the composition of the Community Services Commission from a total of thirteen (13) members to a total of seven (7) members, with six (6) liaison, non-voting members, and return to the full City Council for approval. xc: Fred Wilson, City Manager Robin Estanislau, City Clerk Michael Gates, City Attorney Janeen Laudenback, Director of Community Services HB -583-Item 24. - 1 CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT INTER-DEPARTMENT COMMUNICATION To: From: Date: Subject: Honorable Mayor and City Council Members Patrick Brenden, City Council Merryi?er Mike Posey, Mayor Pro Tern mp August 14, 2017 CITY COUNCIL MEMBER ITEM FOR THE AUGUST 21, 2017, CITY COUNCIL MEETING — DEVELOP A PLAN TO PROVIDE ADDITIONAL CITY SUPPORT FOR THE "2017 BREITLING HUNTINGTON BEACH AIR SHOW" STATEMENT OF ISSUE: The City of Huntington Beach will be hosting the Second Annual "Breitling Huntington Beach Air Show" event on September 30 and October 1, 2017, with fly-by practices on September 28 and a full choreographed practice day on September 29. For the 2017 Air Show, event organizers conservatively estimate the total production costs are close to $975,000. At this time, revenue estimates are approximately $625,000. If these estimates are realized, the 2017 event would have a funding gap of approximately $350,000. The projected deficit for the 2017 air show event, together with the $395,000 in losses from the 2016 event, have created significant financial challenges. Given overwhelming support for this event, combined with its value to the community, we believe that the City Council should consider providing financial support for the 2017 event. City Staff has advised us that costs for City services, including Police, Fire, and Marine Safety have increased from $194,915 in 2016 to an estimated $222,058 in 2017. In addition, the estimated cost for contracted services required from partner agencies such as the County of Orange Sheriff at $25,773 and the State of California at $29,800, as well as the cost of required event security services, are looming close to $40,000. Due to the size and scope of the multi-agency coordination required to produce this community event, and the associated substantial overhead costs, we have been advised it will be a challenge to continue this event in future years. In an effort to assist with the longevity and ongoing success of the Air Show, the City of Huntington Beach would like to consider providing additional financial support to the event. Assistance could include but is not limited to delaying the required payment for City Services, generating off-setting parking/camping revenue, creating a Public Safety "billing cap" at no more than a 50% Safety Cost recovery or by advocating partner agencies for their financial support for this very important event. RECOMMENDED ACTION: Direct the City Manager to develop a plan outlining options for the City of Huntington Beach to provide additional financial support for the "2017 Breitling Huntington Beach Air Show." Include the above-listed options and return to City Council at the September 18, 2017, City Council Meeting. xc: Fred Wilson, City Manager; Robin Estanislau, City Clerk HB -584-Item 25. - 1 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: From: Date: Subject: Honorable Mayor and City Council Members Patrick Brenden, City Council Member0 12 August 14, 2017 CITY COUNCIL MEMBER ITEM FOR THE AUGUST 21, 2017, CITY COUNCIL MEETING — SHORT-TERM RENTALS COMMUNITY WORKSHOP STATEMENT OF ISSUE: Short-term vacation rentals (STVR) have become very popular in the last few years. Short-term vacation rentals are defined as any residence (one or two rooms, or the entire house) rented for a term of less than thirty (30) consecutive days. However, the commercial operation of a short-term vacation rental in single family and multiple family zones is currently not permitted under the Huntington Beach Zoning and Subdivision Ordinance. RECOMMENDED ACTION: It is recommended that city staff organize a community workshop so that property owners,residents, business owners, and hotel operators can hear the pros and cons of short term rentals. This workshop could be held at the Senior Center in Central Park on Saturday, September 16, from 9:00 a.m. to Noon. In attendance at this panel workshop should be representatives from Air BnB, local surrounding cities where STVRs are currently permitted and prohibited, community development leaders, attorneys to address legal issues, short-term rental operators, and others to hear both sides of the positive and negatives of short-term rentals. cc: Fred Wilson, City Manager Robin Estanislau, City Clerk Scott Hess, Director of Community Development HB -585-Item 26. - 1