Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2018-07-16 Agenda Packet
MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable 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 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, July 16, 2018 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 4:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL MIKE POSEY, Mayor ERIK PETERSON, Mayor Pro Tem PATRICK BRENDEN, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember WILLIAM O’CONNELL, Councilmember LYN SEMETA, Councilmember STAFF FRED A. WILSON, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA CUTCHEN, City Treasurer 1 City Council/Public Financing Authority AGENDA July 16, 2018 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 18-1411.Police Modernization Project 18-1442.Analysis of Alternative Public, Education, and Governmental (PEG) Access/Outreach Methods RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 18-1963.Mayor Posey to Announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators: Fred Wilson, City Manager, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance: Michele Warren, Director of Human Resources, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer regarding the following: Management Employees’ Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). CLOSED SESSION 18-1894.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators: Fred Wilson, City Manager, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance: Michele Warren, Director of Human Resources, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer regarding the following: Management Employees’ Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). Page 1 of 7 2 City Council/Public Financing Authority AGENDA July 16, 2018 18-1905.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: Jerry Abrahams v. City of Huntington Beach, Workers’ Compensation Appeals Board Case No. ADJ10769842; Claim No. COHB-17-0037. 18-1916.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: Michael McClanahan v. City of Huntington Beach Workers’ Compensation Appeals Board Case No. ADJ10022294, ADJ3794043, ADJ8971930; Claim Nos. COHB-15-0192; COHB-06-0152; COHB-12-0246. 18-1927.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: Huntington Beach Police Officers' Association (HBPOA) v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00884624. 18-1938.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: Debbie Mallery v. City of Huntington Beach, Orange County Superior Court Case No. 30-2017-00940742. 18-1989.Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden PLEDGE OF ALLEGIANCE INVOCATION 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. 18-18810.Marcy Tieger from Habitat for Humanity and member of the Page 2 of 7 3 City Council/Public Financing Authority AGENDA July 16, 2018 Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 18-09111.Mayor Posey to call on Victoria Alberty to present the Adoptable Pet of the Month 18-18412.Mayor Posey to proclaim July as “Parks Make Life Better Month” and present proclamation to Community Services Director Marie Knight and Public Works Director Travis Hopkins. 18-19513.Mayor Posey present commendation to Rick and Roslyn Bashore for their efforts in beautifying the entrance to the Fashion Shores tract in Southeast Huntington Beach (SEHB). 18-18514.Mayor Posey to call on Finance Director Gilbert Garcia who will present the July Mayor’s Award to Senior Accounting Technician, Elisabeth Ferguson. 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 18-07315.Research and Technology Zoning Code Update - Intro to Work Plan 18-17616.Police and Fire Fourth of July Debriefing CONSENT CALENDAR 18-18617.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 2, 2018, as written and on file in the Office of the City Clerk. Recommended Action: 18-05718.Approve and authorize execution of a six month Agreement with the City of Costa Mesa for Public Safety Helicopter Services. Approve and authorize the Mayor and City Clerk to execute Amendment Number One to Recommended Action: Page 3 of 7 4 City Council/Public Financing Authority AGENDA July 16, 2018 the “Services Agreement For Public Safety Helicopter Support Between the City of Huntington Beach and the City of Costa Mesa.” 18-09319.Approve and authorize execution of an Agreement with the City of Fountain Valley for an Emergency Medical Services Manager Approve and authorize the Mayor and City Clerk to execute “Agreement for Consultant Services” with the City of Fountain Valley . Recommended Action: 18-16820.Approve and authorize execution of a Lease Agreement between the City of Huntington Beach and Braver Players Musical Theater Foundation A) Approve the “Lease Agreement between the City of Huntington Beach and Braver Players Musical Foundation for nonexclusive use of the Huntington Beach Central Library Theater”; and, B) Authorize the Mayor and City Manager to execute the Lease Agreement and other related documents on behalf of the City. Recommended Action: 18-15421.Approve and authorize Professional Services Contracts for On Call Architectural Engineering Services with IDS Group, Inc., Westberg + White, Inc., and Mark Anderson Architects, Inc. (d.b.a. Pacific Rim Architecture), each in an amount not to exceed $250,000 A) Approve and authorize the Mayor and City Clerk to execute $250,000 Professional Services Contract between the City of Huntington Beach and IDS Group, Inc. for On Call Architectural Engineering Services; and , B) Approve and authorize the Mayor and City Clerk to execute $250,000 Professional Services Contract between the City of Huntington Beach and Westberg + White, Inc. for On Call Architectural Engineering Services; and , C) Approve and authorize the Mayor and City Clerk to execute $250,000 Professional Services Contract between the City of Huntington Beach and Mark Anderson Architects, Inc. (d.b.a. Pacific Rim Architecture) for On Call Architectural Engineering Services. Recommended Action: 18-18222.Accept corrections to the Windward Specific Plan by Re-adopting Resolution No. 2017-18 with amended Exhibit D, and Resolution No. 2017-19 with amended Exhibit B Recommended Action: Page 4 of 7 5 City Council/Public Financing Authority AGENDA July 16, 2018 Re-adopt Resolution Nos. 2017-18 (Local Coastal Program Amendment No. 16-002) and 2017-19 (Zoning Text Amendment No. 16-004) with amended Exhibits D and B, respectively. 18-16223.City Council Positions on Legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC) A) Approve a City position of Oppose Senate Bill 946 (Lara) - Sidewalk Vendors; and , B) Approve a City position of Oppose on Senate Bill 998 (Dodd) - Discontinuation of Residential Water Service; and , C) Approve a City position of Oppose on Senate Bill 623 (Monning) - Water Quality: Safe and Affordable Drinking Water Fund; and, D) Approve a City position of Support on Assembly Bill 448 (Daly) - Orange County Housing Trust Fund. Recommended Action: 18-09424.Adopt Resolution No. 2018-41 authorizing the execution of a Lease Agreement with the State Lands Commission for operation and maintenance of the Huntington Beach Pier and related Concessions Adopt Resolution 2018-41 , “A Resolution of the City Council of the City of Huntington Beach Authorizing Execution by the Mayor of a Lease Agreement Between the City and California State Lands Commission for Operation and Maintenance of Huntington Beach Pier and Related Concessions.” Recommended Action: 18-14625.Adopt Resolution No. 2018-46 confirming the report of the Public Works Director regarding the costs for weed abatement on private property within the City for the 2018 season A) Adopt Resolution No. 2018-46, “A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Director of Public Works Regarding the Costs for Weed Abatement on Private Property within the City for the 2018 Season”; and , B) Direct that all charges listed thereon be certified to the Orange County 2018/19 Property Tax Roll. Recommended Action: 18-16726.Adopt Resolution No. 2018-47 approving the Certification of Special Assessments for collecting Delinquent Civil Fines for Municipal Code Violations Page 5 of 7 6 City Council/Public Financing Authority AGENDA July 16, 2018 Adopt Resolution No. 2018-47, "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations." Recommended Action: 18-16627.Adopt Resolution No. 2018-48 amending Resolution 2018-29 which established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution 6) to make permanent parking rate modifications for the Great Pacific Airshow and set a policy for annual parking pass holders during events where the parking rate has been increased. Adopt Resolution 2018-48, “A Resolution of the City Council of the City of Huntington Beach amending Resolution 2018-29 which established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution 6).” Recommended Action: ADMINISTRATIVE ITEMS 18-15128.Accept Rainbow Environmental Services’ proposal for a Commercial Organic Waste Recycling Program including a 2.18% Commercial Trash Rate Adjustment Accept Rainbow Environmental Services’ proposal for Organic Waste Recycling program to comply with AB 1826. Recommended Action: 18-16529.City Council Travel Protocol and Established Policies Provide staff direction on existing Council Travel Protocol and Established Policies. Recommended Action: 18-19430.Adopt Interim Ordinance No. 4164 establishing a Temporary Moratorium on Shared Mobility Devices to take effect immediately (Requires 4/5 Vote to Adopt) Adopt Interim Ordinance No.4164, “An Interim Ordinance of the City Council of the City of Huntington Beach Establishing a Temporary Moratorium on Shared Mobility Devices to take Effect Immediately.” Recommended Action: COUNCILMEMBER ITEMS 18-18731.Item Submitted by Council Member Brenden - Recognition for Father Christian Mondor and Pastor Sumo Sato Direct the Community Services Commission to work with the surfing community and the Recommended Action: Page 6 of 7 7 City Council/Public Financing Authority AGENDA July 16, 2018 followers of Father Christian and Pastor Sumo to develop a proposal for a public memorial honoring these two men. Return to City Council within 90 days to present the proposal. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, August 6, 2018, 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 Page 7 of 7 8 City of Huntington Beach File #:18-141 MEETING DATE:7/16/2018 Police Modernization Project City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:18-144 MEETING DATE:7/16/2018 Analysis of Alternative Public, Education, and Governmental (PEG) Access/Outreach Methods City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:18-196 MEETING DATE:7/16/2018 Mayor Posey to Announce:Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators: Fred Wilson, City Manager, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance: Michele Warren, Director of Human Resources, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer regarding the following:Management Employees’ Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:18-189 MEETING DATE:7/16/2018 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators: Fred Wilson, City Manager, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance: Michele Warren, Director of Human Resources, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer regarding the following:Management Employees’ Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:18-190 MEETING DATE:7/16/2018 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:Jerry Abrahams v. City of Huntington Beach,Workers’ Compensation Appeals Board Case No. ADJ10769842; Claim No. COHB-17-0037. City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:18-191 MEETING DATE:7/16/2018 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:Michael McClanahan v. City of Huntington Beach Workers’ Compensation Appeals Board Case No. ADJ10022294, ADJ3794043, ADJ8971930; Claim Nos. COHB-15-0192; COHB-06-0152; COHB-12-0246. City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:18-192 MEETING DATE:7/16/2018 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:Huntington Beach Police Officers' Association (HBPOA) v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00884624 . City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:18-193 MEETING DATE:7/16/2018 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:Debbie Mallery v. City of Huntington Beach, Orange County Superior Court Case No. 30-2017-00940742. City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:18-198 MEETING DATE:7/16/2018 Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation.Number of cases, one (1). City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:18-188 MEETING DATE:7/16/2018 Marcy Tieger from Habitat for Humanity and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:18-091 MEETING DATE:7/16/2018 Mayor Posey to call on Victoria Alberty to present the Adoptable Pet of the Month City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:18-184 MEETING DATE:7/16/2018 Mayor Posey to proclaim July as “Parks Make Life Better Month” and present proclamation to Community Services Director Marie Knight and Public Works Director Travis Hopkins. City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:18-195 MEETING DATE:7/16/2018 Mayor Posey present commendation to Rick and Roslyn Bashore for their efforts in beautifying the entrance to the Fashion Shores tract in Southeast Huntington Beach (SEHB). City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™21 City of Huntington Beach File #:18-185 MEETING DATE:7/16/2018 Mayor Posey to call on Finance Director Gilbert Garcia who will present the July Mayor’s Award to Senior Accounting Technician, Elisabeth Ferguson. City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™22 City of Huntington Beach File #:18-073 MEETING DATE:7/16/2018 Research and Technology Zoning Code Update - Intro to Work Plan City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™23 •City Council adopted Research and Technology (RT) General Plan land use designation in 2017 •Determine modern land uses and streamlined development standards for new RT zone •Conduct targeted outreach with stakeholders in the RT areas •Project kicked off June 6, 2018 •Stakeholder Interviews •Broker’s breakfast •Website •Approx. 9 months to process Research & Technology Zoning Amendment 24 25 Interested Parties •Opportunities for engagement available throughout process •Further information, questions, or comments: Hayden Beckman, Senior Planner hayden.beckman@surfcity-hb.org (714) 536-5561 26 City of Huntington Beach File #:18-176 MEETING DATE:7/16/2018 Police and Fire Fourth of July Debriefing City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™27 City of Huntington Beach File #:18-186 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes dated July 2, 2018, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 2, 2018, as written and on file in the Office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. July 2, 2018 CC/PFA Minutes City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™28 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, July 2, 2018 4:30 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:30 PM and 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:30 PM - COUNCIL CHAMBERS Based on the amount of time needed to cover Study Session and Closed Session items, the meeting was called to order at 4:30 PM. CALLED TO ORDER — 4:30 PM ROLL CALL Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council agenda packet: Study Session PowerPoint communication submitted by Travis Hopkins, Director of Public Works, entitled AB1826 - Commercial Mandatory Organics Recycling (MORe). PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — None STUDY SESSION 1. 18-106 — Representatives from Rainbow Environmental/Republic Services presented information regarding AB 1826, the State’s mandatory commercial organics recycling law, including an updated proposal for providing City of Huntington Beach businesses with an AB 1826 compliant recycling program. City Manager Wilson introduced General Manager Chris Kentopp and Community Relations Manager Debbie Killey from Republic Services who presented a PowerPoint communication entitled AB 1826 - Commercial Mandatory Organics Recycling (MORe) with slides titled: What are Organics? California 29 Council/PFA Regular Minutes July 2, 2018 Page 2 of 10 Legislative Actions, Organics Legislation, Organics Diversion - Why? AB 1826 Key Program Highlights, Food Waste Diversion Approach, Food Waste Diversion through Recovery, How is Food Recovered? Food Waste Diversion Approach, Organics Processing Infrastructure (2), Commercial Costs, Educational Outreach, Summary AB 1826 Compliance (2), and Rainbow Environmental Campus. Mayor Pro Tem Peterson and Republic Services Manager Kentopp discussed the 2.18% Commercial Sector Wide increase generating approximately $424,000, interest expense and taxes, and the process of how the amount of generated waste determines who is impacted. Mayor Pro Tem Peterson and City Attorney Gates discussed the issue of challenging unconstitutional State unfunded mandates. Councilmember Delgleize and Manager Kentopp discussed the number of customers impacted by AB 1826, and how the processing of organics will take place in Anaheim. Councilmember O'Connell and Manager Kentopp discussed that there would not be a rate reduction once the specialized equipment is paid off because the equipment will most likely need to be replaced within 10 years. Manager Kentopp also stated that each City will bear the cost in equal percentage to the number of impacted customers they have. Councilmember Semeta and Manager Kentopp discussed the actual dollar cost increase for a business. As an example, a business utilizing a 1-yard container, which is emptied once a week at a current cost of $80, could expect an approximate $4 increase. Manager Kentopp confirmed that at the present time there are no State funded incentives for this mandate. Mayor Posey and Manager Kentopp discussed that currently organic waste is processed through a Los Angeles Sanitation District digester that produces methane that is used to run their equipment. RECESS TO CLOSED SESSION —4:53 PM A motion was made by O'Connell, second Semeta to recess to Closed Session for Items 3 – 4. With no objections, the motion carried. CLOSED SESSION ANNOUNCEMENT(S) 2. 18-157 — Mayor Posey Announced: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators: Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance: Fred Wilson, City Manager; David Segura, Fire Chief; Robert Handy, Chief of Police; Gilbert Garcia, Chief Financial Officer regarding the following: Huntington Beach Firefighters’ Association (HBFA), Municipal Employees’ Organization (MEO), Municipal Employees’ Association (MEA) and Huntington Beach Police Officers’ Association (POA). CLOSED SESSION 3. 18-158 — Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators: Peter Brown, outside counsel and Chief Negotiator, Lori Ann Farrell-Harrison, Assistant City Manager; also in attendance: 30 Council/PFA Regular Minutes July 2, 2018 Page 3 of 10 Fred Wilson, City Manager, David Segura, Fire Chief, Robert Handy, Chief of Police, Gilbert Garcia, Chief Financial Officer regarding the following: Huntington Beach Firefighters’ Association (HBFA), Management Employees’ Organization (MEO), Municipal Employees’ Association (MEA), and Huntington Beach Police Officers’ Association (POA). 4. 18-159 — Pursuant to Government Code §54956.9(d)(2) the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM Mayor Posey commented on the recent passing of Scott O'Hanlon, Marketing Director at the Hilton Waterfront Beach Resort who was in many ways a great ambassador for Huntington Beach, and requested that the Council meeting be adjourned in his memory. ROLL CALL Present: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember O’Connell INVOCATION — 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. 5. 18-112 — Janet Ewell, Church of Jesus Christ of Latter Day Saints - North Stake and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 6. 18-103 — Mayor Posey presented a commendation to Huntington Beach High School student Kylie Cochran for her perfect attendance from kindergarten through her senior year. Ms. Cochran stated she has seldom (never on a school day) been sick and thanked her parents for instilling a good soap and water hand washing habit. 7. 18-113 — Mayor Posey to present commendation to 100-year-old Huntington Beach resident Rita Simonton for her incredible swimming feats ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: 31 Council/PFA Regular Minutes July 2, 2018 Page 4 of 10 Consent Calendar Item #10. Late communication submitted by Marie Knight, Director of Community Services to correct term dates for the Recommended Action of Item #10-C. Item #10. Ten (10) email communications received regarding Recommended Action of Item #10-A from: Terri Manzo, Kevin Carlin, Mary E. Williams, Joyce Stalcup, Kristen Shearer, Denise Cianca, Katie Kent, Claudine St. Pierre, Phil Shearer and Gino J. Bruno. Administrative Items Item No. 13. A PowerPoint communication submitted by Marie Knight, Community Services Director, entitled Country Harvest Festival. Councilmember Items Item No. 15. Email communication submitted by Spencer Hagaman regarding Shared Mobility Devices. PUBLIC COMMENTS (3 Minute Time Limit) — 15 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Gina Clayton-Tarvin, Clerk for the Ocean View School District Board of Trustees, was called to speak and stated her support for Stephanie Green for Item No. 10A regarding appointments to the Community Services Commission (CSC) as recommended by the local school districts. (00:32:53) Vanessa Martinez was called to speak and stated her concerns regarding the Huntington Beach Public Art Alliance and the proposed art mural on the Frontier Communications building at 602 Main Street. (00:36:19) Mark Mayes, Huntington Beach resident and volunteer with Tee It Up for the Troops, stated his support for Councilmember Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach Martinez for installation at Patriot Point. (00:39:01) John Partington, Huntington Beach Kiwanis Club Member, was called to speak and expressed condolences to the family and friends of Scott O'Hanlon. Mr. Partington also announced the HB Kiwanis Club Annual Pancake Breakfast, July 4th, 7 - 10 am, at Lake Park. (00:41:44) Kathryn Levassiur, a longtime resident of Huntington Beach, was called to speak and thanked Police Chief Robert Handy and Community Development Interim Director Jane James for their very informative Citizen's Academy presentations. She also thanked Councilmember Brenden for the successful Central Park East cleanup. Speaking as a resident of Huntington Beach, she stated her support for permitting, taxing and regulating short-term vacation rentals and the resulting sustainable income. (00:43:44) Al Levassiur was called to speak and stated that he has been married to the previous speaker for nearly 41 years and strongly suggested that the Council heed her suggestions because she is not going to go away. (00:46:57) Michael Bolen, long-time resident of Huntington Beach, was called to speak and stated his support for Councilmember Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach Martinez for installation at Patriot Point. Mr. Bolen announced that the Bolen Family, Huntington Beach Realty and he are committed to a $500 donation towards the purchase of the plaque. (00:47:22) 32 Council/PFA Regular Minutes July 2, 2018 Page 5 of 10 Teresa Carlisle, Chair, Huntington Beach Art Center Steering Committee, was called to speak and announced Water Works, July 14 - August 25, a juried exhibition that includes artwork submitted by Councilmember Semeta. (00:50:23) Tiffany Tina was called to speak and stated her concerns regarding the Huntington Beach Public Art Alliance and the proposed art mural on the Frontier Communications building at 602 Main Street. (00:51:45) Dennis Bauer, American Legion Huntington Beach Post No. 133, was called to speak and stated support for Councilmember Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach Martinez for installation at Patriot Point. (00:54:32) Jim Pilkington, resident of Huntington Beach, was called to speak stated his support for Councilmember Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach Martinez for installation at Patriot Point. (00:55:39) Bobby McDonald, Chair, Orange County Veterans Affairs Council, was called to speak and stated support for Councilmember Item No. 14 regarding a proposal to purchase a plaque dedicated to Zach Martinez for installation at Patriot Point. (00:58:36) Stephanie Green was called to speak and stated her appreciation at being considered for an appointment to the Community Services Commission (CSC) as recommended by the local school districts, regarding Councilmember Item No. 10. She also thanked the Fourth of July Board for one of her favorite traditions. (01:00:09) Dan Kalmick was called to speak and stated his support for Councilmember Item No. 15 regarding a moratorium on Shared Mobility Devices (Bike and Scooter Sharing Services) to allow for public policy discussions. (01:01:09) Spencer Hagaman was called to speak and stated his support for Councilmember Item No. 15 regarding a moratorium on Shared Mobility Devices (Bike and Scooter Sharing Services) to allow for public policy discussions. (01:03:09) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Mayor Posey reminded everyone that AB 1234 reports are meetings related to Joint Power Authorities (JPAs), Commissions, and Committees. Mayor Pro Tem Peterson reported that the Sanitation District has purchased property across Ellis Street and will be moving Administration and the labs there to increase space for bio waste and a second water reclamation facility on their existing property. Councilmember Semeta reported attending a Water Board meeting where it was announced that there is a Change Order in process for the relocation of water pipes under the 405 Freeway project which is expected to reduce the cost of the project. Councilmember Semeta also announced that the Allied Arts Board is currently receiving nominations for the November award categories via their website. 33 Council/PFA Regular Minutes July 2, 2018 Page 6 of 10 Councilmember Brenden reported attending an Allied Arts Board meeting as Council Liaison, a Downtown Business Improvement District Board meeting, a Public Cable Television Authority (PCTA) meeting, an Air Traffic Noise Working Group meeting for discussion on next steps, a debriefing on the recent Community Workshop and reporting findings, and meeting with representatives of the Huntington Beach Police Officers' Association (HBPOA). Councilmember O'Connell reported meeting with members of the Huntington Beach Police Officers' Association (HBPOA), and members of the Huntington Beach Firefighters' Association (HBFA). Mayor Posey reported attending a Southern California Association of Government (SCAG) Joint Policy Committee of the Regional Transportation Plan and Sustainable Community Strategy (RTPSCS) meeting which is required every four (4) years to maintain eligibility for Federal funding. This meeting also discussed Regional Housing Needs Allocation (RHNA) and there will be upcoming public meetings and workshops for anyone interested. CITY MANAGER’S REPORT City Manager Fred Wilson introduced Leslie Edwards, GIS Analyst, Information Systems, who gave a presentation highlighting updates available to the public for accessing information on the City's website. CONSENT CALENDAR Councilmember O'Connell pulled Consent Calendar Item No. 10 for discussion. 8. 18-148 — Approved and Adopted Minutes A motion was made by O’Connell, second Delgleize to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated June 18, 2018, as written and on file in the Office of the City Clerk. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 9. 18-149 — Approved the June 2018 City of Huntington Beach Strategic Plan Update A motion was made by O’Connell, second Delgleize to approve the June 2018 Strategic Objectives Update as contained within Attachment 1. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 10. 18-134 — Approved appointment and reappointments to the Community Services Commission (CSC) with terms to expire June 30, 2019, as recommended by the local school districts 34 Council/PFA Regular Minutes July 2, 2018 Page 7 of 10 Councilmember O'Connell pulled this item to state his support for Stephanie Green as the Ocean View School District Representative. Councilmember Hardy confirmed that Stephanie Green is considered the Ocean View School District Representative. Mayor Posey confirmed his support for Stephanie Green as the Ocean View School District Representative. A motion was made by O’Connell, second Hardy to appoint Stephanie Green, Ocean View School District Representative to a term of July 1, 2018, to June 30, 2019; and, reappoint Ian Collins, Fountain Valley School District Representative to a term of July 1, 2018, to June 30, 2019; and, reappoint Bridget Kaub, Huntington Beach City School District Representative to a term of July 1, 20178, to June 30, 20189; and, reappoint Roy Miller, Huntington Beach Union High School District Representative to a term of July 1, 2018, to June 30, 2019, as amended by Supplemental Communication to correct term identified in C) for Huntington Beach City School District Representative. The amended motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 11. 18-131 — Approved In-Kind Donation of $10, 000 for the 2018 VISSLA ISA (International Surfing Association) World Junior Surfing Championship A motion was made by O’Connell, second Delgleize to approve $10,000 for in-kind donation to the International Surfing Association. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 12. 18-135 — Adopted a Seven-Year Capital Improvement Program (CIP) for fiscal years 2018/2019 through 2024/2025 for compliance with renewed Measure M eligibility requirements A motion was made by O’Connell, second Delgleize to adopt the Seven-Year Capital Improvement Program (FY 2018/2019 through 2024/2025) attached as Exhibit "A" for compliance with renewed Measure M eligibility requirements. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None ADMINISTRATIVE ITEMS 13. 18-136 — Discussed special event application - Country Harvest Festival; directed staff to return to Council with options to consider holding concerts on the City beach 35 Council/PFA Regular Minutes July 2, 2018 Page 8 of 10 City Manager Wilson introduced Director of Community Services, Marie Knight who highlighted events of the proposed fall-themed event. She introduced Steve Thacher from Activated Events who presented a PowerPoint communication entitled: Activated Events, Country Harvest Festival with slides titled: Event Footprint, Event Demographics, Traffic Plan, Safety & Security, Sound Containment, Food & Beverage, Benefits for City of Huntington Beach, and Country Harvest Festival vs. City Sponsored Events. Mayor Posey confirmed with Mr. Thacher that the event would be fenced and all patrons must have tickets and wristbands for alcohol consumption. Mr. Thacher stated they plan to have 1 security person for every 100 attendees. Councilmember O'Connell expressed concern regarding the noise level and Mr. Thacher explained that delay towers are used to eliminate the need to blast the sound from the main stage area all the way to the perimeters. Mayor Pro Tem Peterson and Mr. Thacher discussed actual footprint and date for the event. Councilmember Hardy questioned why the State beach is not hosting the Country Harvest Festival, and Mr. Thacher explained that the State beach has a previous commitment and is not available on October 7. Councilmember Delgleize and Mr. Thacher discussed that support for this event that has been received from area hotels. Mr. Thacher expressed interest in working closely with the Chief of Police to address security concerns, and arranging off-site parking and shuttle service. Mr. Thacher stated that the sound stage would be facing south. Police Chief Handy expressed his concerns regarding concerts and alcohol on the beach, associated traffic impacts and strain on staff, including the impact on Main Street when beach events close down. Chief Handy reminded Council that the City has received and denied similar requests for concerts on the beach, and questioned if the Council is leaning towards a change in policy. City Attorney Michael Gates confirmed that approval of this event would have several ramifications, and the purpose of this presentation is for Council to consider whether there should be a change in the policy that does not allow beach concerts and has been in place for about five years. Mayor Posey and Director Knight discussed Coastal Commission requirements for ticketed and fenced beach events held during the summer months. Councilmember Brenden and Mr. Thacher discussed the process for giving preference to local food vendors. Mr. Thacher also explained that the majority of tickets are sold on-line and ticket sales are stopped when 8,000 tickets have been sold. There was further discussion on Council considerations such as parking structure rates, security and the City fee for ticketed events. Councilmember Semeta expressed her reservations because approval would be a serious policy shift, and she suggested there be a study session with staff providing more policy details. Councilmember Hardy shared some history regarding why the policy to ban beach concerts and alcohol service was implemented. She also stated that the location for the proposed event will definitely affect 36 Council/PFA Regular Minutes July 2, 2018 Page 9 of 10 the Main Street Downtown area. Councilmember Hardy further stated that she cannot support this item because it deviates from a policy she was part of establishing. Mayor Posey confirmed with City Manager Wilson and City Attorney Gates that staff needs to come back with policy options for allowing concerts on the City beach, including input from all affected departments, California Coastal Commission restrictions, and fee schedule(s). Councilmember Hardy asked that staff also look at how Spring Break and existing recreational vehicle camping would be affected by a policy change. A motion was made by Posey, second O’Connell to advise direct staff on any potential action to present at a future Study Session policy options to allow concerts on the City beach, including, but not limited to, fee schedule(s), public safety enhancements, California Coastal Commission restrictions (acknowledging coastal development permit requirements for ticketed, exclusive beach events between Memorial and Labor Day holidays), existing recreational vehicle camping, and Spring Break, as amended. The amended motion carried by the following vote: AYES: O’Connell, Peterson, Posey, Delgleize and Brenden NOES: Hardy, and Semeta COUNCILMEMBER ITEMS 14. 18-147 — Submitted by Councilmember Delgleize — Authorized staff to return with a proposal to purchase a plaque dedicated to Zach Martinez for installation at Patriot Point Councilmember Delgleize thanked the public speakers who expressed support for this item. City Manager Wilson stated that if approved, it will not be easy to actually implement because of State regulations. Mayor Posey acknowledged and thanked Mr. Bolen for the public commitment to help with costs. A motion was made by Delgleize, second O’Connell to direct the City Manager to return with a proposal to purchase a plaque commemorating the life and dedication of Mr. Martinez and install said plaque at Patriot Point. The motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None 15. 18-156 — Approved Item Submitted by Councilmember Brenden — Directed staff to return with a proposal for a moratorium on Shared Mobility Devices (Bike and Scooter Sharing Services) and schedule a Study Session Councilmember Brenden presented a PowerPoint communication with slides entitled Background, Smartphone App, Benefits, Drawbacks (2), Case Study: Santa Monica Regulation, and Summary. 37 Council/PFA Regular Minutes July 2, 2018 Page 10 of 10 Mayor Pro Tem Peterson explained his understanding that Santa Monica actually encouraged and allowed these businesses but did not have any established guidelines or restrictions. He further stated his opinion that this does not need to be a priority item and suggested allowing more time for staff to prepare for a study session. Councilmember Hardy expressed her opinion that there is definitely a need for a policy or system on the proper way to dispose of, or store, the bikes or scooters when they are not being used. Councilmember Delgleize stated her support for this effort to determine policies and fees, and expressed her concern about some areas of the City that are already too congested. Councilmember Semeta stated her support for this item and the need to be proactive. A motion was made by Brenden, second Delgleize to direct the City Manager to work with the City Attorney to return to the July 16, 2018, City Council Meeting with a proposal for a 120-day moratorium on Shared Mobility Device Services operating in Huntington Beach, and directing the City Manager and City Staff to hold a Study Session on Shared Mobility Devices within 60 120 days. Study session to include a survey of current regulations being applied in other cities, as amended. The amended motion carried by the following vote: AYES: O’Connell, Semeta, Peterson, Posey, Delgleize, Hardy, and Brenden NOES: None COUNCILMEMBER COMMENTS (Not Agendized) – None. Recessed at 8:02 PM to continue discussion on Closed Session Item No. 3. (18-158 — Labor Negotiations). ADJOURNMENT — At 9:06 PM in memory of Scott O’Hanlon, former Director of Marketing, Waterfront Hilton Beach Resort to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, July 16, 2018, 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 ______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 38 City of Huntington Beach File #:18-057 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Robert Handy, Chief of Police Subject: Approve and authorize execution of a six month Agreement with the City of Costa Mesa for Public Safety Helicopter Services. Statement of Issue: The City of Costa Mesa is requesting an amendment for the contractual agreement with the City of Huntington Beach for Public Safety Helicopter Services. The current three-year contract for Public Safety Helicopter Services expired on June 30, 2018. The City of Costa Mesa is requesting that the agreement be extended to December 31, 2018. Financial Impact: The proposed amendment generates up to $150,000 in General Fund revenue for the City of Huntington Beach in exchange for Public Safety Helicopter Services for the City of Costa Mesa. During the proposed three-year contract, revenues will be deposited into Business Unit 10000100, Object Code 46865. Recommended Action: Approve and authorize the Mayor and City Clerk to execute Amendment Number One to the “Services Agreement For Public Safety Helicopter Support Between the City of Huntington Beach and the City of Costa Mesa.” Alternative Action(s):. Do not approve and direct staff accordingly. Analysis: On June 30, 2011, the Airborne Law Enforcement Services (ABLE), a Joint Powers Authority, was dissolved. The City of Costa Mesa was left without public safety helicopter support services. Since then, the City of Costa Mesa has contracted with the City of Huntington Beach for Public Safety Helicopter Services. The current contract with the City of Costa Mesa for Public Safety Helicopter Services expired on June 30, 2018. The City of Costa Mesa requests a six-month extension on that contract. The extension of the contract would require up to 200 hours of exclusive Public Safety Helicopter Services to the City of Costa Mesa at an hourly rate of $735. The current contract includes a 60-day opt-out clause for either city that would also be extended for the six-month extension. City of Huntington Beach Printed on 7/11/2018Page 1 of 2 powered by Legistar™39 File #:18-057 MEETING DATE:7/16/2018 Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Amendment One of the “Services Agreement for Public Safety Helicopter Support Between the City of Huntington Beach and the City of Costa Mesa.” City of Huntington Beach Printed on 7/11/2018Page 2 of 2 powered by Legistar™40 41 42 City of Huntington Beach File #:18-093 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:David A. Segura, Fire Chief Subject: Approve and authorize execution of an Agreement with the City of Fountain Valley for an Emergency Medical Services Manager Statement of Issue: The attached agreement (Attachment 1) allows the City of Huntington Beach to contract with the City of Fountain Valley for the services of an Emergency Medical Services Manager. For ten (10) hours per week, the position will perform duties essential to the maintenance of the City’s emergency medical services system. Financial Impact: Funds in the amount of $35,669 are budgeted in the FY 2018/19 Fire Department budget in the Fire Med Program business unit (10065402.52000). Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Agreement for Consultant Services” with the City of Fountain Valley. Alternative Action(s): Do not approve the agreement and instruct staff on how to proceed. Analysis: The City of Huntington Beach maintains a close working relationship with the City of Fountain Valley for fire and emergency medical service responses. Both cities also participate as members of the Central Net Operations Joint Powers Authority for training in these and other related areas. This cooperative relationship has resulted in many benefits for both agencies, including more effective emergency responses, sharing of resources, cost savings, and a familiarization with the emergency response needs of both communities. At this time, the City of Fountain Valley has offered to enter into an agreement with the City of Huntington Beach for the services of an Emergency Medical Services Manager. Some of the critical duties the position would perform include: 1. Developing continuous quality improvement training for emergency medical service delivery City of Huntington Beach Printed on 7/11/2018Page 1 of 2 powered by Legistar™43 File #:18-093 MEETING DATE:7/16/2018 2. Providing emergency medical service training and support for newly hired paramedics, firefighters and ambulance operators 3. Providing Emergency Medical Technician (EMT) training for firefighters and ambulance operators 4. Auditing electronic patient care reports 5. Serving as the communicable disease exposure officer for both organizations The proposed agreement would share costs for the position, with Fountain Valley paying $107,008 (75%) and Huntington Beach paying $35,669 (25%). The total cost for the position is $142,677, which includes all compensation for the classification. Previously, a part-time position was included in the Fire Department for approximately the same cost. However, the position was difficult to fill due to a shortage of registered nurses interested in this type of part-time work. The proposed arrangement with Fountain Valley provides greater depth of resource and the institutional history associated with a full-time position. The attached agreement would remain in effect for three years, through June 30, 2021, and will provide mutual benefit to both agencies. Environmental Status: None. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Agreement for Consultant Services with the City of Fountain Valley City of Huntington Beach Printed on 7/11/2018Page 2 of 2 powered by Legistar™44 45 46 47 48 49 50 51 City of Huntington Beach File #:18-168 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development Subject: Approve and authorize execution of a Lease Agreement between the City of Huntington Beach and Braver Players Musical Theater Foundation Statement of Issue: The City Council is requested to approve a two-year Lease Agreement between the City of Huntington Beach and the Braver Players Musical Theater Foundation for the nonexclusive use of the Huntington Beach Central Library Theater (“Agreement”) for five (5) one-week productions. Financial Impact: The Agreement will provide General Fund revenue in the amount of $47,062.50 over the course of the lease (10000100.43165). Recommended Action: A) Approve the “Lease Agreement between the City of Huntington Beach and Braver Players Musical Foundation for nonexclusive use of the Huntington Beach Central Library Theater”; and, B) Authorize the Mayor and City Manager to execute the Lease Agreement and other related documents on behalf of the City. Alternative Action(s): Do not approve Lease Agreement and direct staff accordingly. Analysis: The Braver Players Musical Theater Foundation (“Braver Players”) is a non-profit 501(c)3 organization that specializes in theater productions for teenagers and children. Braver Players was formed as a place for teens and kids to pursue their love for theater arts. The Braver Players creates a nurturing environment where youth can advance their theater skills through various live theater and musical productions. Many of the Braver Players have gone off to pursue careers in theater as City of Huntington Beach Printed on 7/11/2018Page 1 of 2 powered by Legistar™52 File #:18-168 MEETING DATE:7/16/2018 directors, choreographers, and gracing the stage. The Braver Players have approached the Library with a proposal to put on five (5) one-week productions at the Central Library Theater. Show times will typically be on weekends. Below is a summary of this Season’s productions and dates: Show Start End Heather’s 7/30/2018 8/5/2018 West Side Story 1/13/2019 1/20/2019 Romeo & Juliet 4/7/2019 4/14/2019 To be determined 10/21/2019 10/27/2019 To be determined 1/12/2020 1/16/2020 The proposal does not impact the Library’s Sunday hours or the current Lease Agreement with Beach Point Church. The Lease Agreement includes the ability to extend the Lease Agreement for an additional two-year period to include additional shows. Environmental Status: Not applicable Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Lease Agreement between the City of Huntington Beach and Braver Players Musical Foundation for nonexclusive use of the Huntington Beach Central Library Theater City of Huntington Beach Printed on 7/11/2018Page 2 of 2 powered by Legistar™53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 City of Huntington Beach File #:18-154 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION 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 Professional Services Contracts for On Call Architectural Engineering Services with IDS Group, Inc., Westberg + White, Inc., and Mark Anderson Architects, Inc. (d.b.a. Pacific Rim Architecture), each in an amount not to exceed $250,000 Statement of Issue: The Public Works Department requires on call architectural engineering services to support staff for the design of capital improvement projects identified in the annual capital improvement program. Financial Impact: The City’s adopted FY 2017/18 and proposed FY 2018/19 Capital Improvement Programs (CIP) Budgets totals $24.6 million (All Funds) and $24.7 million respectively for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management and other required costs. The three (3) recommended architectural engineering service contracts have a maximum value of $750,000 over next three-years and will be funded on an as-needed basis within each project’s individual CIP budget. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute $250,000 Professional Services Contract between the City of Huntington Beach and IDS Group, Inc. for On Call Architectural Engineering Services; and, B) Approve and authorize the Mayor and City Clerk to execute $250,000 Professional Services Contract between the City of Huntington Beach and Westberg + White, Inc. for On Call Architectural Engineering Services; and, C) Approve and authorize the Mayor and City Clerk to execute $250,000 Professional Services Contract between the City of Huntington Beach and Mark Anderson Architects, Inc. (d.b.a. Pacific Rim Architecture) for On Call Architectural Engineering Services. Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects City of Huntington Beach Printed on 7/11/2018Page 1 of 3 powered by Legistar™76 File #:18-154 MEETING DATE:7/16/2018 could be delayed until new contracts are approved. Analysis: On November 28, 2017, the City advertised a Request for Qualifications (RFQ) for On Call Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Eighteen (18) proposals were received for architectural engineering services. In accordance with qualifications based on selected procurement per the Federal Brooks Act, State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 Professional Services, the Public Works Department established a review board. Proposals were evaluated and ranked by a three (3) member panel review team established by the Public Works Department. The reviewers were a General Services Manager, a Maintenance Operation Manager, and a Senior Administrative Analyst. After conducting the evaluation process, including negotiations for competitive rates, the top three (3) firms were selected in order to increase opportunity for competitive proposals for future projects from qualified on call consultants. The consultants include IDS Group, Inc., Westberg + White, Inc., and Mark Anderson Architects, Inc. (d.b.a. Pacific Rim Architecture). Evaluation sheets for the top three (3) firms, and the fourth firm, that was not selected, are shown in Attachment 4. These contracts are to support staff for architectural engineering of capital improvement projects. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project is evaluated on a case-by-case basis to determine if these as-needed contract services are necessary. The City’s Capital Improvement Program (CIP) is approximately $24.6 million in Fiscal Year 2017/18, and exceeds $28 million with continuing of funds for projects approved from previous years. In addition, the proposed Fiscal Year 2018/19 CIP totals $24.7 million in new projects. Typical design and construction support costs from use of consultants on a CIP project can vary between ten (10) to twenty (20) percent of total costs for a CIP project. Therefore, it is practical to conservatively estimate minimum annual consultant costs would be approximately $2.0 million to the City for total CIP projects or $6.0 million within the next three (3) years. Architectural engineering services are typically required for buildings and structures related to CIP projects. Therefore, these consultants were selected to meet the projected workload over the next three years, with a total contract limit of $750,000. Some of these future CIP projects include: Central Library Restroom Improvements, Newland House Museum, Lake Fire Station Renovations, and HB Art Center Improvements. This agenda item does not require Public Works Commission Action. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): City of Huntington Beach Printed on 7/11/2018Page 2 of 3 powered by Legistar™77 File #:18-154 MEETING DATE:7/16/2018 1. Professional Services Contract between the City of Huntington Beach and IDS Group, Inc. for On Call Architectural Engineering Services 2. Professional Services Contract between the City of Huntington Beach and Westberg + White, Inc. for On Call Architectural Engineering Services 3. Professional Services Contract between the City of Huntington Beach and Mark Anderson Architects, Inc. (d.b.a. Pacific Rim Architecture) for On Call Architectural Engineering Services 4. Professional Service Award Analysis for IDS Group, Inc., Westberg + White, Inc., Mark Anderson Architects, Inc. (d.b.a. Pacific Rim Architecture), and Vendor #4 City of Huntington Beach Printed on 7/11/2018Page 3 of 3 powered by Legistar™78 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IDS GROUP, INC. FOR ON CALL ARCHITECTURAL 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 IDS Group, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call architectural 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: 1. 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 John Silber who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 79 agree/ surfnet/professional svcs mayor 2 of 11 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____________________, 20____ (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 ($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." 80 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 81 ($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: 82 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 83 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 84 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: TO CONSULTANT: City of Huntington Beach ATTN: Jerry Thompson 2000 Main Street Huntington Beach, CA 92648 IDS Group, Inc. Attn: John Silber 1 Peters Canyon Road, Suite 130 Irvine, CA 92606 949-387-8500 ext. 154 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. INTERPRETATION 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 85 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 86 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 shall 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 87 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. 88 89 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), consistent with the City of Huntington Beach Request for Qualifications for On Call Architectural Engineering 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. 90 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. 91 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. 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 be 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. . 92 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IDS GROUP, INC. FOR ON CALL ARCHITECTURAL ENGINEERING SERVICES Table of Contents 1 Scope of Services .....................................................................................................1 2 City Staff Assistance ................................................................................................2 3 Term; Time of Performance .....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work ...............................................................................................................2 6 Method of Payment ..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance......................................................................…….4 10 Certificate of Insurance ............................................................................................5 11 Independent Contractor ............................................................................................6 12 Termination of Agreement .......................................................................................6 13 Assignment and Delegation ......................................................................................6 14 Copyrights/Patents ...................................................................................................7 15 City Employees and Officials ..................................................................................7 16 Notices……………………………………………………………………………..7 17 Consent ....................................................................................................................8 18 Modification .............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement ..............................................................................8 21 Duplicate Original ....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited ................................................................9 24 Attorney's Fees ..........................................................................................................10 25 Survival .....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety ......................................................................................................................10 29 Effective Date………………………………………………………………………11 93 94 REQUEST FOR QUALIFICATIONS R IGINAL On-Call Architectural Engineering and Professional Consultant Services January 11, 2018 95 January 11, 2018 Mr. Jim Slobojan City of Huntington Beach, Fiscal Services Division 2000 Main Street Huntington Beach, CA 92648 SUBJECT: Qualifications to provide On-Call Architectural Engineering and Professional Consulting Services Dear Mr. Slobojan and Members of the Selection Committee: IDS Group (IDS) is an Orange County based, award-winning multidiscipline engineering- architectural consulting firm that is committed to excellence. IDS provides a full suite of civil, structural, mechanical, plumbing, and electrical engineering services, in addition to supporting architectural and construction management services, with a total staff of over 100. IDS has a combined total of five decades of experience covering a wide range of new, expansion, and renovation projects. The breadth of our projects encompass upgrades or existing facility renovations or expansion, new construction design, utility master planning, energy analyses and reports, and structural, mechanical, and electrical distribution system retrofit. The qualifications that follow will identify the strength of our team and personnel and demonstrate the significant experience in providing A-E services. IDS incorporates sustainable, energy-efficient, and environmentally-conscious designs as a significant component of each project. We are recognized for our use of water-efficient plant materials, recycled materials, and water-efficient irrigation systems. IDS is a member of the Green Building Council, on design teams for LEED-certified building projects, and employs numerous full-time LEED Accredited Professionals. The following statement of qualifications focuses on the extensive experience of IDS providing as-needed services for the City and other clients. We are well qualified for many reasons: As a multi-disciplinary engineering and architectural consulting firm, we are able to provide the majority of anticipated services in-house, which ensure responsiveness, efficiency in time and cost, and streamlined inter-disciplinary coordination. 96 We have numerous past or current on-call contracts with public agencies for which we provide similar services, including various cities, state and county agencies, school districts, colleges and universities. We have been widely recognized for expertise in providing engineering services by winning numerous project awards. All of our engineering divisions have received recognitions and awards of excellence from their respective technical and trade associations, clients and various agencies. We are especially experienced in alternative and GREEN technologies, including solar energy and the design of LEED Certified buildings. Our award-winning architectural division is staffed with experienced and licensed architects who have extensive experience in the design and management of retrofit and renovation projects. Our architectural services involve building assessments, alterations and modifications, accessibility studies, disabled access compliance studies and design, fire and life safety assessment and design, code review, space planning, remodeling, repair of damaged and deteriorated structures, and expansions and additions to existing facilities. Point-of-Contact: Our Project Manager, Andrew Chan, LEED AP BD+C has more than 20 years of experience as an architectural project manager. He is adept in various aspects of design and planning with emphasis on architectural planning, urban planning, space planning and programming, interior design, construction management, and project management. He can be reached at: 949.387-8500 ext. 315 or at andrew.chan@idsgi.com. We welcome the opportunity to work with you. I hereby acknowledge that I am a principle of IDS and will negotiate and contractually bind the firm regarding matters pertaining to this statement of qualifications/proposal. IDS is receipt of Addendums 1, 2 and 3. Sincerely, IDS Group, Inc. John Silber Principal 97 X IDS Group, Inc. John Silber, AIA 1 Peters Canyon Road, Suite 130 Irvine, CA 92606 john.silber@idsgi.com (949) 387-8500 ext. 154 (949) 387-0800 X X Andrew Chan, LEED AP B+C Project Manager andrew.chan@idsgi.com (949) 387-8500 ext. 315 (949) 387-0800 98 Said Hilmy, PhD, SE, LEED AP President (949) 387-8500 Rami Elhassan, PhD, SE Secretary (949) 387-8500 33-0819861 None None 99 IDS Group, Inc. 1 Peters Canyon Road, Suite 130, Irvine, CA 92606 January 11, 2019 js js 100 IDS Group, Inc. January 11, 2019 101 Table of Contents Firm Qualifications: Architectural Services ......................................................................................................... 1 Demonstrated Capabilities. ............................................................................................................................ 1 Key Personnel. ................................................................................................................................................ 1 References. ..................................................................................................................................................... 3 Unique Qualities of IDS: ................................................................................................................................ 11 Resumes:....................................................................................................................................................... 11 Staffing: ........................................................................................................................................................ 11 Understanding and Methodology Section ......................................................................................................... 12 Project Understanding .................................................................................................................................. 12 Methodology: ............................................................................................................................................... 12 Cost Estimates/ Cost Control: ....................................................................................................................... 13 Cost control change orders challenges, issues and solutions: ...................................................................... 14 Quality Control ............................................................................................................................................. 15 Appendix .............................................................................................................................................................. 16 102 Firm Qualifications: Architectural Services Demonstrated Capabilities. IDS Group, Inc. (IDS) is a multidisciplinary architectural and engineering consulting firm with roots spanning over 50 years. Our integrated design team provides added value through our specialized divisions – architecture and structural, civil, mechanical, plumbing, and electrical engineering, as well as construction administration services. Our corporate infrastructure creates optimum utilization of resources for our staff of 90 professionals, maximizing service efficiency. IDS is committed to project excellence, providing turnkey design solutions to the building and infrastructure industries. IDS incorporates sustainable, energy-efficient, and environmentally conscious designs as a significant component of each project. We are recognized for our use of water-efficient plant materials, recycled materials, and water-efficient irrigation systems. IDS is a member of the Green Building Council, on design teams for LEED-certified building projects, and employs numerous s full-time LEED Accredited Professionals. Key Personnel. Collectively, our team has many years’ experience providing architecture services to public and private sectors. Our team will be led by our Principal Architect, John Silber, AIA. Mr. Silber serves on the Board of Directors for both the Fullerton Museum Center and the Fullerton Historic Theatre Foundation. He has also served on the Fullerton Redevelopment Design Review Board, and he has received professional recognition from Fullerton Heritage. Key Personnel Specialized experience directly related to the City JOHN SILBER, AIA – PRINCIPAL ARCHITECT With over 30 years’ experience, I am passionate about designing innovative, inventive buildings with a strong sense of place that inspire their users and the community around them. Utilizing my skills, I am able to facilitate a true integrated design process by enabling an open exchange among designers, engineers, consultants and clients. With this larger picture in mind, my projects have achieved both excellent design and an enhanced ability to meet budgets and schedules. I will commit all team resources necessary to complete the project on schedule and will serve as the direct liaison among the project team, corporate management, and the City. ANDREW CHAN, LEED AP BC+D – PROJECT MANAGER With more than 20 years of experience, I possess the expertise to direct the overall success of projects assigned by the City of Huntington Beach. My background includes managing all aspects of projects from conceptual design, space planning and programming, design development, contract document production involving departmental and peer reviews, and contract administration. 103 Key Personnel Specialized experience directly related to the City SAID HILMY, PHD, SE, LEED AP - QUALITY ASSURANCE With more than 29 years of experience, my specialties are related to providing organizational leadership with a focus on providing quality control in the delivery of construction documents as well as excellent customer service. MICHAEL CECCONI, LEED AP – LEAD ARCHITECT With more than 25 years of experience I have the expertise to oversee your projects from conceptualization through construction. My strengths are keeping the team efforts organized, ensuring quality in project delivery, and managing the budget and schedule. I will champion your design and deliver your vision. DAVID POMERLEAU, SE – STRUCTURAL LEAD With 25 years of experience, I offer the City my vast knowledge with structures and structural elements for various municipalities. My professional career includes structural analysis, preparation of engineering design documents, material specifications, and construction administration. As a structural engineer, I have inspected and performed structural analysis assessments on timber, concrete and steel foundations, designed and prepared construction documents for timber, concrete and steel bulkheads including multiple variations of tieback systems. ROB O’NEIL, PE – MEP LEAD I have more than 30 years of experience, which contributes to a broad background in Building MEP (mechanical, electrical, plumbing) systems and I lead the MEP group at IDS. By trade, I am an Electrical Engineer and familiar with not only building systems- but site electrical and lighting work as well. My staff is current with the latest version of the California Green codes and is well versed in the use of technology to prepare design studies such as parking lot photometrics. PETER GAMBINO, PE, PLS - CIVIL LEAD I bring strong leadership skills with a broad background in civil engineering, land surveying, and public works specializing in land surveying and mapping. I have worked on numerous public facilities as well as surveyed numerous sites throughout Southern California and have prepared numerous subdivision maps, legal descriptions, and survey exhibits. I’ve also prepared topographic base maps using the latest tools available: Robotic Total Stations, GPS, and AutoCADD. FAISAL DAKHIL – COST ESTIMATOR I have more than 30 years of construction experience working as a contractor and as an estimator. The specialty that I offer the City of Huntington Beach is estimating knowledge with a thorough understanding of how facilities are constructed and the cost implications of such construction. I have a track record of numerous successfully completed jobs coming in under budget and on time, resulting in substantial savings for the clients 104 References. We have built strong relationships with our clients over time that not only validates our commitment to them, but also their confidence in our competence and our work products. For the purposes of this statement of qualifications, we have provided project profiles in line with the typical project type, as identified in the Scope-of-Work by Service Category. Some projects serve multiple project types. Rialto Community Center Rehabilitation, Rialto, CA The IDS Group provided design services for tenant improvement to the City of Rialto Public Works Department for rehabilitating the existing Community Center, which included four separate buildings. Having been converted from a former educational facility, the existing structure had onsite deficiencies that were not suitable for its current purpose. IDS was tasked with providing the design concept that would revitalize the community center while maintaining the costs of the project within the allocated budget. Upgraded glazing was specified for better low emissivity performance together with new LED lighting for better illumination and energy consumption. Upgrades to the overall interior appearance were provided with new floor finishes, new wall and ceiling treatment for an enhanced and uplifting experience at the community center. Contact Information: Lonny Young, PE, Project Manager Lockwood Engineering (909) 820-2525 x 2441 lyoung@rialtoca.gov Project Duration 1/2017 – Ongoing IDS Project Manager: Andrew Chan, LEED AP BC+D Project Relevance: Expansion, Renovations and Upgrades ADA/ Accessibility Improvements HVAC Equipment, Controls Replacement and Ductwork Modification Construction Administration Furnishings Cost Estimates 105 City of Irvine Workspace Relocation and Tenant Improvement – Police Department Locker Room Expansion, Irvine, CA The IDS Group provided architectural and engineering design services for tenant improvement to the City of Irvine. The project primarily focused on the expansion of the existing Public Safety department due to recent population growth within the city in the last few years. The current Civic Center houses many department, including Public Safety, and in order to accommodate the expansion, several departments have been slated to be relocated at a different location. It specifically included the expansion of the locker/shower rooms of the police department, the relocation of interrelated offices within the existing Civic Center, and the design of the offices of various departments altogether at a different building. In order to arrive at an optimal solution, the IDS Group performed user group interviews, site visits and observations, and provided several plan studies that highlighted uses within the existing spaces that can be better utilized with proper space planning. Contact Information: Jim Houlihan, Manager of Engineering, City Engineer City of Irvine l Public Works (949) 724-7325 jhoulihan@ci.irvine.ca.us Project Duration 1/2017 – Ongoing IDS Project Manager: Andrew Chan, LEED AP BC+D Project Relevance: Expansion, Renovations and Upgrades ADA/ Accessibility Improvements HVAC Equipment, Controls Replacement and Ductwork Modification Phase/ Movement Plans Construction Administration Staff Relocation Furnishings 106 City of Rialto City-wide Park Improvements, Rialto, CA IDS is currently providing assessments and design services for facility improvements and ADA compliance to several city parks for the City of Rialto. Investigation and design phase services will be provided on a park-by-park basis with services for each park completed concurrently. The scope includes: The modification, rehabilitation, replacement and/or removal of identified existing individual and combined restroom/ concession/ storage/ press buildings and other onsite structures; Assessment and design of ADA access improvements for park areas adjacent to modified buildings, between buildings and parking lots/ adjacent streets, within the park proper, and within parking lots; Assessing and providing ADA compatible public viewing areas; ADA compatible and security lighting of paths, common areas and parking lots; All utility connections and services, landscaping, signing and striping; National Pollutant Discharge Elimination System (NPDES) requirements; and All site improvements necessary to accommodate ADA facilities and improvements For buildings that are to be replaced, unless otherwise directed, are expected to be prefabricated structures, current to respective building and safety codes, a component of the respective construction contract, and to have the same basic utility facilities and usage as the existing structures. Contact Information: Ted Rigoni, PE, PMP Consultant support to Rialto through Lockwood Engineering trigoni@rialtoca.gov Project Duration 1/2017 – Ongoing IDS Project Manager: Andrew Chan, LEED AP BC+D Project Relevance: Expansion, Renovations and Upgrades ADA/ Accessibility Improvements Construction Administration Cost Estimates 107 Donald L. Dear Building Carson, CA The client wanted to assess their existing building (Donald L Dear building) to see if it could be modified and modernized to fit their existing and future needs. IDS was hired to perform a Preliminary Design Report (P.D.R.) where we would review and evaluate the existing building as well as a preliminary space plan completed in 2015. We were to asses both the existing and the 2015 proposed plan for Architectural, Mechanical, Electrical and Plumbing needs. IDS approached this from a fact and data gathering exercise that culminated in a distillation of the information gathered. Our product was a lengthy report detailing current conditions and possible cores of action. Our product was a lengthy report detailing current conditions and possible cores of action. It became evident very early in our analysis that the 2015 space plan would not comply with current codes. Further complicating the analysis was the unplanned relocation of the board room from its existing third floor location to the ground floor. These revelations required IDS to propose a new 2017 space plan to correct the inadequacies. Changing the board room location from the third floor to the ground floor opened the door for IDS to evaluate the special arrangement of the second and third floor office spaces. Rearranging the flow and organization of the second and third floor created an environment that was better suited to the clients needs. Contact Information: Don Zylstra, P.E., Senior Water Resources Engineer West Basin Municipal Water District (310) 660.6212 DonZ@westbasin.org Project Duration 1/2017 – Ongoing IDS Project Manager: John Silber, AIA Project Relevance: AE Service Office Building Programming Conceptual Design Cost Estimates Space Allocation 108 As-Needed Architectural Services, CalOptima, Orange, CA IDS was retained by the CalOptima to provide architectural and engineering services for tenant improvement and modernization projects for CalOptima’s 10-story office building. IDS reviewed documents provided by the CalOptima, conducted a visual inspection of the facilities, developed designs and construction documents for multiple projects, and design for the installation of meeting audio system improvements. Our analysis included detailed baseline Architect’s Estimate of Probable Construction Cost (AEPCC). IDS assisted CalOptima with value-engineering decision making in those instances when the AEPCC exceeded budget. First Floor Board Meeting Conference Rooms: Specialty work includes design for an interface between cloud based IT and audio system for simultaneous remote teleconferencing into three conference rooms. Remodeling of the Audio/ Visual Control Room to facilitate upgrade to the existing sound recording systems for the connecting conference rooms. Total Floor: 16,101 SF / work area total: 108 SF Fifth Floor Workplace Expansion: The expansion of the fifth floor includes demolishing two conference rooms and Hotel work areas to maximize the cubicle count on the floor. Total Floor: 17,650 SF / work area total: 2,131 SF Eighth Floor HR Suite TI: The HR Department was converted and expanded into a secure suite. IDS evaluated the existing space including office, conference room, secure file room, and cubicle counts to determine expansion. Total Floor: 18,311 SF / work area total: 189 SF Third Floor Tenant Improvements: Remodeling of an entire floor including the men and women’s restrooms (4 count) and the elevator lobby covering approximately 20,167 sf of office space. Project permitted CalOptima to occupy space previously used by another company and to do so in an environment meeting CalOptima’s adopted organizational facilities standards. Total Floor: 18,211 SF / work area total: 18,211 SF Contact Information: Gary Thomas, Manager, Facilities CalOptima (714) 796-6158 gthomas@caloptima.org Project Duration 1/2015 – Ongoing IDS Project Manager: Michael Cecconi, RA, LEED BD+C Project Relevance: Expansion, Renovations and Upgrades ADA/ Accessibility Improvements Phase/ Movement Plans Construction Administration Staff Relocation Furnishings Cost Estimates 109 John Wayne Airport | County of Orange, Terminals A, B & C Improvements Project, Santa Ana, CA The Terminal Improvements Project consists of 31 distinct tasks of physical improvements occurring in and around Terminals A, B, and C (250,000 square feet). The focus of the work was on Terminals A and B, bringing them to the modern standard established in the new Terminal C. In addition to the physical improvements, additional important elements of the project include the utilization of JWA Revit models and specific guidance/restrictions through construction planning. Task groups included the following. Access compliance improvements to ADA standards including modifications to handrail/guardrail, signage, and terminal amenities such as restrooms, phones and drinking fountains Selective replacement of worn wall finishes, acoustical ceilings, and the painting of vaulted metal ceilings Selective replacement of flooring to address wear, access, and trip-hazards Achieving energy conservation and renewing service life of building mechanical and electrical systems including the installation of more energy efficient LED lighting and replacement of boilers and HVAC subcomponents and controls. “It has been a great pleasure working with IDS Group which proved to be an excellent team player. They conducted their business in the utmost professional matters while being successful in implementing our goals and objectives.” Larry Serafini, Director John Wayne Airport Contact Information: Mr. Lawrence Serafini, Deputy Airport Director, Facilities John Wayne Airport (949) 252-5270 lserafini@ocair.com Project Duration 7/2014 – Ongoing IDS Project Manager: Michael Cecconi, AIA Project Relevance: AE Services Renovations and Modifications of Multiple Buildings Cost Estimation ADA/ Accessibility Improvements HVAC Equipment, Controls Replacement and Ductwork Modification Phase/ Movement Plans Construction Administration 110 City of La Palma City Yard Offices, La Palma, CA City maintenance staff offices, meeting/break room, and locker room are housed in a portion of a modular metal building. These facilities were in a worn condition, were a poor match to current space needs, and did not comply with ADA/Accessibility requirements. IDS developed a design, which simplified the space plan and opened up the space. The break room and open office areas line the west side of the building, and this side of the building uses an open ceiling layout and windows to transmit a sense of openness. Locker rooms, manager’s offices, and electrical/IT spaces line the east side of the building. Contact Information: Mr. Michael Belknap, Community Services Director City of La Palma (714) 690.3350 mikeb@cityoflapalma.org Project Duration 6/2015 - Ongoing Project Manager: Michael Cecconi, RA, LEED AP Project Relevance: AE Services Conceptual Design Space Planning Constructability Renovations and Modifications ADA/ Accessibility Improvements Cost Estimating Mechanical Electrical Plumbing 111 City of Azusa Light & Water Department Lobby Remodel, Azusa, CA The City of Azusa Light & Water (L&W) retained IDS to provide A/E services with the following goals in mind: Provide a more efficient office layout, safety and security for its employees. Reduce financial risk to Light & Water that could result from adverse customer interaction or event. IDS is currently providing AE services to the City of Azusa for the remodeling and design services for its Customer Service Lobby area. Scope-of-work includes: Reconfiguration of the storage room into an office with four workstations Demolish the solid partition wall dividing five (5) Customer Service Representative workstations Install a bullet resistant transparent partition barrier with acrylic slot louvers on five (5) workstations to serve customers from secure side of partition Convert an area into children’s seating/ entertainment zone Relocate security video cameras, television screens, phone lines, network conduit Installation of network switch, customer signage, and relocation of number system or installation of a green light or electronic arrow system to alert waiting customers of open workstations. The Call Center will have fresh finishes and ergonomic, adjustable height workstations. In addition, with doors removed and a new opening, there is good connectivity to key customer service areas and shared daylight harvested from existing skylights. The Kids Zone will delight the children. They will enter the illusion of an aquarium with blue Plexiglas enclosure with an underwater, hand painted mural and an interactive projector creating the illusion of fish swimming in a pond. Surrounded by soft banquettes and plush carpeting the kids will be safe and entertained while their parents take care of business. Contact Information: Steven Yang City of Azusa Light & Water Department (626) 812-5283 syang@ci.azusa.ca.us Project Duration 7/2016 – 10/2017 Project Manager: Chris Bradley, AIA Project Relevance: AE Services Conceptual Design Security Hardening Space Planning Constructability Renovations and Modifications ADA/ Accessibility Improvements 112 Unique Qualities of IDS: As a multi-disciplinary engineering and consulting firm, we are able to provide the majority of anticipated services in-house, including cost estimating, which ensures responsiveness, efficiency in time and cost, and streamlined inter-disciplinary coordination. Resumes: Full resumes of key staff are located in the appendix. Staffing: City of Huntington Beach IDS Principal Architect John Silber, RA, AIA Architectural Michael Cecconi, RA, LEED BD+C Mechanical, Plumbing, and Electrical Engineering Rob O’Neil, PE Maysoon Sheabaan, PhD, PE, LEED BD+C Alfredo Adame, CIPE Survey / Civil Peter Gambino, PE, PLS Tejal M. Gandhi, PE Structural David Pomerleau, SE Victor Mercado, PE, SE Cost Estimator Faisal Dakhil, BSCE, MSCE Project Manager Andrew Chan, LEED AP BD+C QA/QC Manager Said Hilmy, PhD, PE, SE, LEED AP 113 Understanding and Methodology Section Project Understanding IDS understands the City of Huntington Beach is seeking consultants to provide Architectural Services. Our approach to all Task Order assignments commences with a good understanding of the project requirements, including budget, schedule, details of scope of services, and deliverable. Our work plan is based on an effective management of resources and includes (1) developing project schedule, (2) implementing effective communication protocol, (3) monitoring project cost and budget, and (4) implementing quality control measures to ensure quality products. Services to be performed under this on-call contract award include but are not limited to: Provide architectural planning and design services for new structures or modifications of existing structures. Prepare sketches, renderings, and materials boards providing alternative architectural concepts, designs, and options that can be applied to project requirements. Prepare 2-dimensional and 3-dimensional models, sketches, renderings, and elevation drawings of proposed architectural designs and treatments. Prepare construction drawings providing code requirements, floor plans, ceiling plans, roof plans, elevations, walls, materials schedules, door and window schedules, and details. Provide technical specification for materials and methods. Prepare construction cost estimates. Provide architectural support during construction of projects. Methodology: IDS’ Principal Architect, Mr. John Silber, AIA, is the primary point-of-contact for the City. Mr. Silber, AIA has over 35-years’ experience and is an active member of the architecture and urban design of Southern California. John’s work has covered a broad range of urban projects, including a number in areas of special interest, such as the link public education creates between culture and economic vitality. He is currently serving on the Planning Commission of the City of Fullerton. Mr. Silber will be responsible for the technical adequacy and design. Additionally, John will ensure the project stays on schedule and within budget by managing staffing hours and expenses, comparing these expenditures with the proposed budget and approved work scope - project architects, engineers and 114 subconsultants will report directly to John. This chain-of-command allows IDS to maximize effectiveness and efficiency and ensure that assignments are completed on time, within budget, and are of defensible quality. As Principal Architect, Mr. Silber will establish project responsibilities, organizational structure and clear lines of reporting within the consulting team. Based on our experience in similar projects, we have developed a clear and efficient management procedure for our services. John will: Develop the project schedule and monitor the progress of the project through standing team meetings, and monitor the review budget at various stages. Provide progress reports and facilitate the review of the work. Monitor the technical performance of the project team, ensure quality and consistency (QC), and ensure detection and resolution of project performance issues before they become problems. Ensure that the City be clearly informed of the progress and status of the project. Enhance working relationships of team members and the City. Each project architect or engineer assigned for the required disciplines (architecture, civil, mechanical, electrical, etc.) will: Have full responsibility for the discipline from start to finish, immersing himself/herself in the project and reporting progress to the Principal Architect through standing meetings scheduled at the start of the project. Assume full responsibility and liability for the work performed by assigned staff and bear full responsibilities for the work. Attend necessary meetings, perform required site visits to project site(s) and perform project design / design review. Cost Estimates/ Cost Control: Our team members pride ourselves on using cutting-edge technology to generate quality deliverables. High- technology tools are only effective if you understand their limitations. No one software application can be all things to all people. For that reason, our team maintains a library of the most popular cost control software applications, and more importantly, the people who know how to maximize their use. Monitor progress of project Progress reports QC project team Progress report to City 115 Our standard software, PlanSwift, provides the flexibility to quickly break out the itemized takeoff. This efficiency reduces the number of resources required to complete the takeoff for each project, and the program’s area and zone functions allow the estimator to sort the takeoff into multiple breakouts with minimal efforts. As design progresses, the more-detailed documents can be virtually overlaid over previous ones, and changes/additions are immediately visible on screen. This ensures that our estimates at logical milestones during design (SD, DD, CD, etc.), can execute the later levels of design faster and more accurately. When tasked with value engineering on the same project, our team members will go back and modify the original takeoffs to determine the less expensive methods or materials to construct the project. The benefit with PlanSwift is it allows the estimator to select the existing items and easily assign them to new or other existing conditions with the click of a button. Compared to manual takeoff, this saved numerous hours in the value engineering process, Cost control change orders challenges, issues and solutions: Be Proactive: IDS strongly believes that the best way to handle problems is to anticipate them before they arise, whenever possible. We do this through careful and consistent project management and oversight, and through the knowledge and experience of our Architects and Engineers. Be Responsive: When issues do arise, our policy is to address them immediately and to provide several choices for solution that will have the least impact to cost and deadline. Team Approach/ Partnering: Cooperative relationships with the involved parties are crucial to our ability to manage these issues quickly and to the full satisfaction of the City. Change Order Management: Review, track, and make appropriate and timely recommendations on change order requests. Address justification for extra work or change items. Our keys to success include effective and experienced management, thorough planning, benefiting from lessons learned, continuous and effective coordination and communications, early implementation of QA|QC, and constant monitoring of progress. 116 As an example, IDS Group has provided numerous architectural and engineering services for John Wayne Airport in Orange County, California. Several challenges to this contract include the fast-track requirements to perform the consulting services (some of the inspection need to be performed off- hours) as well as continuous operation of the airport must be ensured during the construction. The Terminal Improvements Project consists of 31 distinct tasks of physical improvements occurring in and around Terminals A, B, and C (250,000 square feet). The focus of the wok was on Terminals A and B, bringing them to the modern standard established in the new Terminal C. In addition to the physical improvements, additional important elements of the project include the utilization of JWA Revit models and specific guidance/restrictions through construction planning. The continuous involvement of IDS with JWA projects, under different JWA administrations, is a testimony of the excellent services that IDS has provided to JWA over the last 12 years. Quality Control Quality Assurance has always been our company’s strong commitment. We emphasize establishing and maintaining technical and professional expertise among our staff and in their work product. All our professionals are encouraged to maintain memberships in professional organizations, to attend professional development conferences, and to sustain proficiency within the field of engineering. As a testimony to our audited QA/QC procedures, IDS Group accomplished ISO 9001 Certification. Our program requires the review of all engineering work by a QA/QC Manager, who is qualified in these types of reviews. The main objective of this program is to satisfy the client’s expectations for quality work from our design team and to limit the exposure of the City of Huntington Beach to problems that may arise during construction. Mr. Said Hilmy, PhD, PE, SE, will assume the responsibility of the QA/QC Manager and will be in continuous contact with our Project Manager throughout the progress of the assessment and design. Our practice stresses response to project requirements, adherence to applicable codes and regulations, developing work products consistent with standards prevailing in the profession, and producing reports conforming to our established in-house standards. Throughout the course of the project, our Project Manager will be in continuous contact with our team members to ensure efficient use of the capabilities of the entire team. He will interact frequently with the City’s core group to ensure that we understand the requirements and preferences and to assure adherence to the project schedules and deliverables in a timely manner. 117 Appendix We have included our resumes following this cover page. 118 Professional Credentials Professional Architect: CA (#15573) Education Masters of Architecture, Southern California Institute of Architecture Professional Affiliations American Institute of Architects (AIA) John Silber, AIA Principal Architect Mr. Silber is an award-winning architect covering a broad range of urban projects, including several in areas of special interest, showcasing the link public education creates between culture and economic vitality. He has mastered the interface between community design expectations, urban in-fill architecture and modern code standards for fire/life safety, energy, and accessibility. John has been an active member of the architectural and urban design community of Southern California. Selected Project Experience As-Needed Architectural Services, CalOptima, Orange CA: Principal Architect providing As-Needed professional architectural and engineering services for a variety of projects. These projects comprise a range of scope for Tenant Improvement (TI) work on numerous floors throughout the building. Rialto Community Center Rehabilitation, Rialto, CA: Principal Architect for rehabilitating the existing Community Center which included four separate buildings. The design concept will revitalize the community center while maintaining the costs of the project within the allocated budget. City of Irvine Workspace Relocation and Tenant Improvement – Police Department Locker Room Expansion, Irvine, CA: Principal Architect for expansion of the existing Public Safety department, specifically the expansion of the locker/shower rooms of the police department, as well as the relocation of several Civil Center departments to a separate location. City of La Palma City Yard Offices, La Palma, CA: Principal Architect. These facilities were in a worn condition, were a poor match to current space needs, and did not comply with ADA/Accessibility requirements. The floor plan wasted space due Recipient of the American Institute of Architects Orange County Honor Award 2012 and the Urban Land Institute 2014 Global Awards for Excellence Competition. 119 John Silber, AIA (Continued) to inefficient corridor circulation and needless compartmentalization of workspaces. IDS developed a design, which simplified the space plan and opened up the space. City of Azusa Light & Water Department, Azusa, CA: Principal Architect providing architectural design service for the remodeling of the building to improve the safety and security for its employees. Scope of services include reconfiguration of an office supply and equipment storage room into an office with four workstations; demolish the solid partition wall dividing five (5) Customer Service Kings Road Park Community Center, Design and Consensus Stakeholder Engagement, West Hollywood, CA: Principal Architect for building and site design services, plans, specifications, preliminary and final cost estimates as well as construction monitoring for the Tenant Improvements of the multipurpose building (MP) for the City of West Hollywood. City Hall & BTRCC Building Improvements, Rancho Santa Margarita, CA: Principal Architect for architectural services, property assessment and rehabilitation. Conducted a visual inspection, developed a move management plan, and a “pros-and- cons” assessment for installation of different building systems. Also provided Architect’s Estimate of Probable Construction Cost (AESPCC) and provided updates of the Estimate as a part of the 85%, 100% and final deliverables. 120 121 Professional Credentials LEED Accredited Professional, Building Design and Construction (BD+C) Education Master's in Infrastructure Planning (MIP), University of Stuttgart Bachelor's in Architecture, University of Santo Tomas, College of Architecture and Fine Arts Andrew Chan, LEED AP BD+C Project Manager Mr. Chan is an experienced architectural project manager adept in various aspects of design and planning with emphasis on architectural planning, urban planning, space planning and programming, interior design, construction management, and project management. Andrew has managed award-winning multi- disciplinary projects and is responsible for all aspects of the project, from conceptual design, space planning and programming, design development, contract document production involving departmental and peer reviews, and contract administration. His experience ranges multiple project types from parks and community buildings to commercial, industrial and mixed-use buildings. His management approach places a high focus on collaboration, aimed at meeting both client and project goals and expectations. Selected Project Experience Rialto Community Center Rehabilitation, Rialto, CA: As project manager, Andrew is responsible for rehabilitating the existing Community Center which included four separate buildings. He provided the design concept that would revitalize the community center while maintaining the costs of the project within the allocated budget. City of Irvine Workspace Relocation and Tenant Improvement – Police Department Locker Room Expansion, Irvine, CA: As project manager, Andrew is responsible expansion of the existing Public Safety department, specifically the expansion of the locker/shower rooms of the police department, as well as the relocation of several Civil Center departments to a separate location. In order to arrive at an optimal solution, Andrew lead the user group interviews, site visits and observations, and provided several plan studies 122 Andrew Chan, LEED AP BD+C (Continued) City of Rialto City-Wide Park Improvements, Rialto, CA: As project manager, Andrew is responsible for assessments and design services for facility improvements and ADA compliance to several city parks throughout the city of Rialto. Investigation and design phase services is being provided on a park-by-park basis with services for each park completed concurrently. Department of Public Works, Retrofitting for Compressed Natural Gas Vehicle Repair, 2 Locations (Westchester and Baldwin Park): Project Manager responsible for the planning, design and management of retrofitting existing garages for the County to allow the repair of compressed natural gas-fueled vehicles engines. UPS Auto Tractor Repair Garage Expansion, Ontario, CA: Project Manager responsible for the planning, design and management of the proposed expansion of the existing auto tractor repair garage facility within the UPS complex for both gasoline and compressed natural gas-fueled vehicle engines. Orange County Sheriff's Department (OCSD), Voice Over Internet Protocol Telephone Modernization Project: Project Manager responsible for providing a condition assessment on existing OCSD facilities for adequately supporting the transformation of existing telephone lines to VOIP, including the planning, design and management of necessary building upgrades in support of the modernization project. County of Riverside, Department of Public Social Services Office Building and Tenant Improvement: Project Manager responsible for the planning, design and management of the proposed new, modern office building and tenant improvement project for the County to more effectively serve its constituents. 123 Professional Credentials Licensed Architect: California (#C-30141) LEED Accredited Professional, Building Design and Construction (BD+C) Education Master of Architecture, Syracuse University Professional Affiliations American Institute of Architects, Orange County Chapter (AIAOC) US Green Building Council (USGBC) Michael Cecconi, RA, LEED BD+C Lead Architect Mr. Cecconi has over 22 years of experience in architecture. His ability to transfer design intent into instructions for building is exemplary. His work has covered a broad range of civic and institutional projects and he brings extensive publicly funded project experience. His overall knowledge of all the many layers of building systems and ability to coordinate, denote, and manage creates a strong and complete project foundation. Michael will work closely with client representatives, professional consultants, approval agencies and construction team. Selected Project Experience As-Needed Architectural Services, CalOptima, Orange, CA: Architect, Project Manager. IDS is providing tenant improvement services for four floors of the CalOptima building. Scope-of-work includes design for an interface between cloud based IT and audio system for simultaneous remote teleconferencing into three conference rooms. Remodeling of the Audio/Visual Control Room to facilitate upgrade to the existing sound recording systems for the connecting conference rooms. A complete tenant improvement of the 18,211 SF third floor office suite to include private and open office areas, conference and computer training rooms, secured telecom room, toilet rooms, and a break room with kitchenette. The fifth floor expansion includes demolishing two conference rooms, evaluate the existing space including office, conference room, and secure file room. Additionally, IDS will evaluate the feasibility of making a portion of the existing space into a separate secured suite, and renovation of the men and women’s restrooms. City of Costa Mesa, Fire Station #4, Costa Mesa, CA: As Project Manager completed the design of an addition to Fire Station #4's apparatus bay and a detached rescue vehicle storage building for 124 Michael Cecconi, RA, LEED BD+C (Continued) the City of Costa Mesa. The addition of the apparatus bay will allow for the fire station to accommodate two ME-84 fire engines and one MT-84 ladder truck. The existing apparatus bay is approximately 40-feet wide by 60-feet long and will be extended 20-feet in length providing an additional 800-square feet to the existing building. John Wayne Airport | County of Orange Terminal Improvements Project, Santa Ana, CA: Project Manager. The Terminal Improvements Project consists of 31 distinct tasks of physical improvements occurring in and around Terminals A, B, and C. Focus of the work was on Terminals A and B, bringing them to the modern standard established in the nearly-new Terminal C. Project included the creation of bridging documents for improvements to life-safety, which included re-zoning the fire alarm system, redesign and modernization of selected customer dining areas and service counters, complete replacement of the car rental service counter, and design services for the new Flight Information Display Systems (FIDS) and Baggage Information Display Systems (BIDS). CCWRF Control and Server Rooms Modification, Inland Empire Utilities Agency, Chino, CA: Architect, Project Manager. Project consisted of turning an existing control room into a new ISS Server Room and changing an adjoining workroom into a new Control Room. Scope-of-work included design and room layout for the operator console desk, chairs, door removal, vertical sun blinds, an interior window between the two rooms, flooring, lighting, ceiling tiles, paint, whiteboard, power and data outlets, mounting hardware for desk and TV monitors, and networking cabling. 125 Professional Credentials Professional Structural Engineer: CA (#S-3680) Professional Civil Engineer: CA (C-43988) LEED Accredited Professional Education Doctorate, Structural Engineering, Cornell University Master of Science, Structural Engineering, Cornell University Professional Affiliations American Society of Civil Engineers (ASCE) Structural Engineering Association of California (SEAOC) Structural Engineers Association of Southern California (SEAOSC), Seismology Committee and Building Response Subcommittee National Committee on Seismic Effects (NCSE) Earthquake Engineering Research Institute (EERI) Orange County Engineering Council (OCEC) Said Hilmy, PhD, PE, SE, LEED AP Quality Assurance Manager Dr. Hilmy is an award-winning structural engineer specializing in the design and analysis and project management with strong expertise in the design and upgrade of steel, concrete, and wood structures. Recognized for his knowledge of code developments and seismic retrofit, Dr. Hilmy has worked on more than $3 billion engineering projects and more than 200 seismic assessments and retrofit projects in California. Selected Project Experience Jones & Mayer Law Office Tenant Improvements, Fullerton, CA: Quality Assurance Manager. IDS is providing architectural design service for the 5,000 sf two-story office building. The building will provide private and open offices, a series of conference rooms, a kitchenette at each level, restrooms, file storage rooms, an employee break room area, and support functions. Lake Skinner Maintenance and Operations Building, Winchester, CA: Quality Assurance Manager. IDS prepared a building program for a 9,471 SF building providing office space, a conference room with kitchenette and restroom, staff locker rooms, vehicle and equipment maintenance bays, storage rooms, and workshop areas. The building program site improvements included parking for 35 vehicles, and a 5,048-equipment storage yard. City of Commerce Veterans Park Recreation Center, Commerce, CA: Quality Assurance Manager. IDS was retained by the City to assess the pros and cons of two options: 1.) remove and replace, or 2.) renovate and modernize. Preliminary rough order of magnitude cost estimates determined that the City’s Basis of Design objectives could be met by renovation/modernization at half the cost of remove/replace. IDS is assisting the City with 126 Said Hilmy, PhD, PE, SE, LEED AP (Continued) implementation of an interim occupancy of the building and the City Council’s final decision as to modernization is pending. City of Azusa Light & Water Department, Azusa, CA: Quality Assurance Manager. Scope of services include reconfiguration of an office supply and equipment storage room into an office with four workstations; demolish the solid partition wall dividing five (5) Customer Service Representative workstations, relocation of security video cameras, television screens, phone lines, network conduit; and installation of network switch, customer signage. City Hall & BTRCC Building Improvements, Rancho Santa Margarita, CA: Quality Assurance Manager. IDS provided architectural services, property assessment and rehabilitation to the City Hall & BTRCC building. IDS conducted a visual inspection, developed a move management plan, and a “pros-and-cons” assessment for installation of different building systems. In addition, IDS provided Architect’s Estimate of Probable Construction Cost (AESPCC) and provided updates of the Estimate as a part of the 85%, 100% and final deliverables. 127 Professional Credentials Registered Structural Engineer, California (#S- 4537) Professional Civil Engineer, California (#C-55244) Education Master of Science, Civil Engineering, University of California, Irvine David Pomerleau, SE Structural Lead Mr. Pomerleau is a licensed California Structural Engineer with over 25 years of structural engineering experience. David has provided structural engineering consulting services to public agencies including the federal government, the State of California, local municipalities including counties and cities, as well as universities and educational institutions. His technical expertise focuses on the evaluation and assessment of existing buildings and structures of all materials and vintages. He has special expertise in documenting and identifying deterioration and damage as well as determining its potential causes and developing cost-effective solutions. He has extensive knowledge of various building codes. He chaired the Existing Building Committee for the Structural Engineers Association of Southern California for five years, during which the committee contributed to the development of the International Existing Building Code. He currently chairs the Ad-Hoc Committee for Earthquake Performance Rating Systems for the Structural Engineers Association of California (SEAOC). Selected Project Experience Water Emergency Resources of Orange County (WEROC), Assessment and Retrofit of South Emergency Operations Facility, Mission Viejo, California: As lead investigator, provided a seismic condition assessment for this pre-engineered metal building that is being used as office space and a storage garage. It is desired for this facility to provide some emergency operations functions. IDS summarized the condition assessment in a written report with photographic documentation and figures describing the building and providing conclusions on its anticipated structural and non-structural performance as well as 128 David Pomerleau, MS, SE (Continued) providing recommendations. IDS worked with WEROC to explain our conclusions and present the material in a manner useful to WEROC. Construction Documents for a limited retrofit of non- structural systems will soon be prepared for implementation. WEROC requested IDS’ participation during construction to act as Owner’s Representative. Inland Empire Utilities Agency, Headquarters Buildings A & B, Chino, California: Provided facility condition assessment of damage to buildings and site improvements for two 33,000 square foot buildings and a 14 acre site. Provided prioritization of recommendations to repair damage and perform site modifications to prevent future damage. El Camino College, Facilities Assessment and Seismic Assessment, Torrance, California: As Project Manager, led IDS’ rapid seismic evaluation of El Camino College as part of the preparation of the overall campus development plan. The campus is located in the city of Compton, approximately one mile northeast of the Newport-Inglewood fault system. As such, seismic shaking at the site is expected to be severe during a design level event near the site with potential for liquefaction at the site. Many of the buildings were constructed in the 1950s and 1960s including pre-manufactured metal buildings and one-story masonry buildings. 35 buildings were studied as part of the evaluation. Many of the buildings lacked complete record drawings, which required IDS to perform site verification and investigation. Recommendations were provided to assist in refining the campus development plan. 129 Professional Credentials Professional Civil Engineer: CA (#C55577) Professional Land Surveyor: CA (PLS #7687) Qualified SWPPP Developer (QSD) Education Bachelor of Science, Civil Engineering, California State University, Long Beach, CA Professional Affiliations California Land Surveyor’s Association (CLSA) American Public Works Association, (APWA) Peter Gambino, PE, PLS, QSD Civil Engineer Mr. Gambino’s breadth of expertise in commercial projects allows him to identify the key factors to successful delivery of the project. Peter develops a scope-of-services that is tailored to each specific project; he coordinates and work closely with other professionals to provide high quality, cost-effective and practical engineering solutions Selected Project Experience San Diego Creek Bike Trail Lighting Improvements: San Diego Creek to Culver, CIP 341302, Spectrum to I-405 CIP 341501 and I-405 to Culver CIP 322920, City of Irvine, CA: Project Manager for the development of Conceptual and Final Engineering Plans, Survey Documents, and Exhibits. Utilizing the design survey prepared by IDS, prepared plans to include but not be limited to demolition, trail lighting, hardscape, irrigation and planting, and a utility composite and relocation plan. Prefabricated Community Room Building Restroom and at Finkbiner Park, Glendora, CA: Project Manager responsible for staff production of topographic survey base mapping, grading, drainage, and storm water quality reports for the construction of modular restroom and community services buildings. The community building and restroom will comply with building codes and the path of travel connections to the building must comply with Americans with Disabilities (ADA) law as set forth in the California Building Code. 130 Peter Gambino, PE, PLS, QSD (Continued) Lower Shadow Oak Park Prefabricated Restroom and Parking Lot Facilities, West Covina, CA: Project Manager responsible for staff production of topographic survey base mapping, grading, drainage, and storm water quality reports. The scope of work included a parking lot with ground bollards and ADA parking stalls; a prefabricated restroom facility; ADA compliant walkways connecting the parking lot, lower park and restroom facilities; above ground and pole-mounted ADA compliant safety lighting tied into the existing electrical system and covering the parking lot and access to the power park facilities. Additional design services included utility relocation; retaining walls, drainage improvements, curb and gutter, and cross gutter improvements. County of Los Angeles, Martin Luther King (MLK) Medical Center, Los Angeles, CA (Design-Build): Project Manager. Responsible for staff development of scoping documents of the civil engineering site work component of the 1400 parking stall structure as guidance to the Design Build team. Scoping documents included design concepts and performance specifications related to grading, drainage, utilities, storm water quality treatment, and horizontal survey control. City Surveyor, City of Baldwin Park, La Puente, Montebello, El Monte, CA: Senior Civil Engineer. Served as the Consultant City Surveyor supervising the mapping, map check, and survey activities on behalf of the city. Review site surveys, subdivision maps, discretionary permit applications, plats, legal descriptions, and final maps. 131 Education Master of Science, Civil Engineering, University of Southern California, Los Angeles, CA Bachelor of Science, Civil Engineering, University of Southern California, Los Angeles, CA Faisal Dakhil, BSCE, MSCE Cost Estimator Mr. Dakhil has over 30 years of pre-construction, construction management, and estimating experience in a wide spectrum of projects ranging in values from $1 million to more than $250 million. As Senior PM and Chief Estimator, Faisal has accumulated a long track record of successful jobs coming in under budget and on-time, resulting in substantial savings for the clients. Selected Project Experience City Hall & BTRCC Building Improvements: Rancho Santa Margarita, CA. $1.3M. IDS performed an analysis, which included a detailed baseline Architect’s Estimate of Probable Construction Cost (AEPCC). In the event that the baseline AEPCC exceeded the construction budget to a significant degree IDS included an additional architectural services budget with the AEPCC so that the City could make a decision regarding budget. Faisal submitted an Architect’s Estimate of Probable Construction Cost (AESPCC) and provided updates of the Estimate as a part of the 85%, 100% and final deliverables. City Hall Access Improvements, La Cañada Flintridge, CA: As the Cost estimator for the project, Faisal was instrumental in assisting the City is in pricing the various renovation options of City-owned buildings and sites to comply with the Americans with Disabilities Act (ADA). Based on the findings to date, the City has programmed to improve City Hall’s first and second floor entrances to provide ADA compliant access to the public. The proposed project shall assess and implement modifications to provide 132 Faisal Dakhil, BSCE, MSCE (Continued) parking and access to and between the building’s first and second floors, ensuring compliance with current ADA code requirements. Inland Empire Utility Agency, Reclamation Plant No. 4 Chlorination Facilities and Maintenance Building Improvements: The scope of the project included a Tennant Improvement of the Maintenance Building as well as the construction of new Chlorination facilities and distribution systems. As the Cost Estimator for the project, Faisal provided critical decision making guidance to IEUA staff and the consulting team by providing construction preliminary cost estimates during Design Development as well as detailed estimates at the 60%, 85%, 95%, and 100% project milestones. 133 134 135 136 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WESTBERG+WHITE, INC. FOR ON CALL ARCHITECTURAL 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 Westberg+White, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call architectural 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: 1. 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 Paul Westberg who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 137 agree/ surfnet/professional svcs mayor 2 of 11 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____________________, 20____ (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 ($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." 138 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 139 ($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: 140 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 141 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 142 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: TO CONSULTANT: City of Huntington Beach ATTN: Jerry Thompson 2000 Main Street Huntington Beach, CA 92648 Westberg+White, Inc. Attn: Paul Westberg 14471 Chambers Road, Suite 210 Tustin, CA 92780 714-508-1780 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. INTERPRETATION 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 143 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 144 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 shall 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 145 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. 146 147 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), consistent with the City of Huntington Beach Request for Qualifications for On Call Architectural Engineering 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. 148 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. 149 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. 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 be 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. . 150 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WESTBERG+WHITE, INC. FOR ON CALL ARCHITECTURAL ENGINEERING SERVICES Table of Contents 1 Scope of Services .....................................................................................................1 2 City Staff Assistance ................................................................................................2 3 Term; Time of Performance .....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work ...............................................................................................................2 6 Method of Payment ..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance......................................................................…….4 10 Certificate of Insurance ............................................................................................5 11 Independent Contractor ............................................................................................6 12 Termination of Agreement .......................................................................................6 13 Assignment and Delegation ......................................................................................6 14 Copyrights/Patents ...................................................................................................7 15 City Employees and Officials ..................................................................................7 16 Notices……………………………………………………………………………..7 17 Consent ....................................................................................................................8 18 Modification .............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement ..............................................................................8 21 Duplicate Original ....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited ................................................................9 24 Attorney's Fees ..........................................................................................................10 25 Survival .....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety ......................................................................................................................10 29 Effective Date………………………………………………………………………11 151 152 On-Call Architectural Engineering & Professional Consulting Services Service Category - Architectural Services Request for Qualifications Prepared by: CARSON PARK COMMUNITY CENTER - Carson, CA 153 Westberg + White, Inc.Page 1 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach January 11, 2018 City of Huntington Beach City Clerk’s Office, 2nd Floor 2000 Main Street Huntington Beach, CA 92648 Attn: Jim Slobojan. Re: ON-CALL ARCHITECTURAL ENGINEERING & PROFESSIONAL CONSULTING SERVICES. Dear Mr. Jim Slobojan, Westberg + White is extremely pleased to have the opportunity of forwarding our State- ment of Professional Qualifications in response to the defined needs of the City of Hun- tington Beach’s On-Call Architectural Engineering & Professional Consulting Services RFQ. strengthening our relationship with the City of Huntington Beach is an exceptionally high priority for our firm. To date our firm has completed hundreds of projects valued at over $1 Billion. We are experts in collaborating closely with diverse stakeholder groups, including public agency clients, regulatory agencies, community representatives and other agencies’ consultants, and we’ll give you our personal pledge to dedicate ourselves to the City of Huntington Beach’s Projects. Today, we celebrate our 30th year of serving the community, as our Firm was established in 1987, We are extremely proud of our record of having served many of our clients for over 15 years and some for over 25 years. We are a highly integrated; technologically savvy medium sized architectural firm totaling 38 experienced professionals, including 4 principals, 12 licensed architects and a multi-talented architectural and administrative support staff. The City of Huntington Beach projects will be managed by our Tustin office located only 15.4 miles from the City of Huntington Beach, CA. Our services will be lead by Principal Greg Beard which resides in Huntington Beach. We design and manage projects with exceptional capability that are creative, safe, eco- nomical, and function well. With all of our projects an important and vital part of our prac- tice, we understand and execute the blending of important ingredients such as budgets, financial affordability and strict compliance to our client’s needs and expectations. In the offices of Westberg + White, our clients receive the personalized “hands-on” principal involvement that large firms promise, but cannot commit to. Client satisfaction is our number one concern. As the planning and design of your Project progresses from preliminary design through construction documentation, we research, make determinations based on experience and knowledge, and with the assistance of our experienced cost consultants, Construc- tion Cost Controls, specify the best available product and design at a cost that is within the preset budget guidelines. We employ numerous cost estimates to ensure that the design execution is always sensitive to the project budget. One of our strengths is our proven ability to manage and balance budgets and designs against the many needs, wants, and desires which will undoubtedly surface. 154 Westberg + White, Inc.Page 2 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach A very important aspect of maintaining project scope, budget & schedule is the constant coordination of the drawings and specifications being created by us and all of our engi- neering consultants. Regular meetings are held with all of our consultants during the design development stage of the project. It is the Project Architect’s responsibility to supervise the entire team and resolve any coordination issues as they develop. Drawings are reviewed by the Project Architect for accuracy and detail coordination at the 50% and 90% stage, and prior to issuing for bid. Specifications are also reviewed for coordination with the drawings. We do an in-house constructability review of each project to ensure to the maximum degree possible that the plans themselves do not provide convenient ways for the contractor to proceed against the Client. For each project Westberg + White’s assigned Project Manager develops a specific proj- ect execution schedule, which outlines the phases, durations, and essential milestones required for completion of that specific project. This schedule is developed in collabo- ration with the client’s authorized representative/s, client’s CM or selected contractor if established at the onset of the project. Additional input is included from Westberg + White consultant team members, along with solicited agency input relative to processing and approval requirements for the project. This schedule is maintained and managed by the Project Manager throughout the course of the project, with review of progress and align- ment at each scheduled project team meeting. At Westberg + White we employ full time licensed architects that are responsible for a quality review of all construction documents. It is the Project Architect’s responsibility to supervise the entire team and resolve any coordination issues as they develop. Coordina- tion meetings are held with all of our consultants during the design development and con- struction document phase of the project. Drawings and specifications are reviewed for accuracy and detail coordination at the 50%, and 90% stage, and prior to issuing for bid. In addition, Westberg + White implements an internal proprietary Project Forecast man- agement tool to insure that each of our projects maintains a pace of accomplishments aligned with the project specific schedule that meets the needs of our clients. This tool compares an estimate of the man-hours required to accomplish each identifiable task in the production of the construction documents and the administration of the construction of the project developed by the senior management team for the project to the desired mile- stones of the client. From this comparison, it is possible to assign the appropriate number of man-hours to accomplish each task to the number of available weeks in the specific schedule. With this analysis, the project manager is able to evaluate the progress of the project on a week-by-week basis and take corrective actions if necessary instead of only determining that a problem exists when a deadline looms on a near horizon. Westberg + White, Inc. has had no claims, nor litigations filed against us by a public agency client in the history of the firm and is not presently involved in any pending action. 155 Westberg + White, Inc.Page 3 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach We acknowledge of receipt of Addendum1, Addendum 2 & Addendum 3, and we are committed to bring the full resources of our firm to bear to meet your City’s requirements and look forward to having the opportunity to successfully negotiate a mutually beneficial agreement with the City if selected. Respectfully submitted, Paul Westberg, AIA, Managing Partner Westberg +White, Inc. California Corporation #1551408 14471 Chambers Rd., Suite 210 Tustin, CA 92780 Telephone: (714) 508-1780 Fax: (714) 508-1790 Main Contact: Gregory G. Beard, Principal-In-Charge/ Project Manager Westberg + White, Inc. 14471 Chambers Rd., Suite 210 Tustin, CA 92780 Telephone: (714) 508-1780 Fax: (714) 508-1790 Cell: 714.292.3710 gbeard@wwarch.com CITY OF CERRITOS - Liberty Park, Community & Rec Center W+W Principal Greg Beard prior experience while associted with another firm. CITY OF CERRITOS - Liberty Park, Community & Rec Center W+W Principal Greg Beard prior experience while associted with another firm. MIRACOSTA COLLEGE - Concert Hall W+W Principal Greg Beard prior experience while associted with another firm. 156 Westberg + White, Inc.Page 4 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach CC1392, Addendum No. 1 Page 1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 960-8820 ADDENDUM NUMBER ONE For RFQs – Water, Plan Check, Ocean, Architectural, Transportation, Construction Management, Materials, Civil in the CITY OF HUNTINGTON BEACH November 29, 2017 Notice To All: City of Huntington Beach has extended the due date from January 4th, 4:00 pm 2018 to January 11th, 4:00 pm 2018 for eight (8) Request For Qualifications (RFQ) for various professional services (Water, Plan Check, Ocean, Architectural, Transportation, Construction Management, Materials, Civil). This is to acknowledge receipt and review of Addendum Number One, dated November 29, 2017. Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your RFQ packages. Westberg + White, Inc.Paul Westberg, AIA, Managing Partner Westberg + White also acknowledge of receipt of Addendum 2 & Addendum 3 12/5/17 157 Westberg + White, Inc.Page 5 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach A. COVER LETTER 1 TABLE OF CONTENTS 5 B. VENDOR APPLICATION FORM 6 C. PRE-QUALIFICATION FORM 8 D. SERVICE CATEGORY 9 CITY OF SAN DIEGO - George L. Stevens Senior CenterCITY OF LA MIRADA - Resource Center CITY OF CARSON - Carson park, Rec Center CITY OF CERRITOS - Liberty Park, Community & Rec Center W+W Principal Greg Beard prior experience while associted with another firm. CITY OF SANTA MARIA - Public Airport District TerminalCITY OF LA MIRADA - Splash! Regional Aquatic Center 158 Westberg + White, Inc.Page 6 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach B. VENDOR APPLICATION FORM 1 of 2 REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: NEW CURRENT VENDOR Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: ____________________________________________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ E-Mail Address: _________________________ Phone: ________________________ Fax: ________________________ Contact Person for Proposals: ______________________________________________________ Title:______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one) NON PROFIT CORPORATION FOR PROFIT CORPORATION Is your business: (check one) CORPORATION LIMITED LIABILITY PARTNERSHIP INDIVIDUAL SOLE PROPRIETORSHIP PARTNERSHIP UNINCORPORATED ASSOCIATION Westberg + White, Inc. Paul Westberg, AIA 14471 Chambers Road, Suite 210 Tustin, CA. 92780 paulw@wwarch.com (714) 508-1780 (714) 508-1790 Greg Beard Principal gbeard@wwarch.com (714) 508-1780 (714) 508-1790 159 Westberg + White, Inc.Page 7 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach B. VENDOR APPLICATION FORM (Continuation) 2 of 2 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ Federal Tax Identification Number: __________________________________________ City of Huntington Beach Business License Number: _____________________________ (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: __________________________ Paul Westberg Frisco White Secretary President (714) 508-1780 (619) 542-1188 33-0232630 A291820 01-31-2018 (Westberg + White will continue to renew its Business License with the City of Huntington Beach, before this one expires) 160 Westberg + White, Inc.Page 8 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach C. PRE-QUALIFICATION FORM (Exhibit A) EXHIBIT A: PRE-QUALIFICATION FORM ON-CALL ARCHITECTURAL ENGINEERING & PROFESSIONAL CONSULTING SERVICES SERVICE CATEGORY PROPOSING? Y/N (circle) A. Architectural Engineering Services Yes / No ___ (Initial) Consultant is willing to execute the Agreement as drafted (See Appendix B). ___ (Initial) Consultant is able to provide the insurance as required (See Appendix C). Firm Name: _____________________________________________________________ Firm Address: _____________________________________________________________ Signature: ________________________________ Date: ________________________________ 14471 Chambers Road, Suite 210, Tustin, CA 92780 Westberg+White, Inc. 01/11/18’ WW WW 161 Westberg + White, Inc.Page 9 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach Category H. Architectural Services Firm Qualifications 1) Westberg + White’s uniqueness from others is differentiated by our individualized ser- vice to each Client. We know that the investment of resources by a City constitutes a special example commitment to the community. We know that the evaluation of the program, the selection of an appropriate schematic concept, the development of the design for the facilities, and the completion of the construction process within the time constraints, budget and expectations requires a clear, participatory and well organized planning approach. Westberg+White, Inc. has been providing exceptional Architectural and Planning services for 30 years, Since its 1987 incorporation date. 2) Our team is very excited about the opportunity to provide services for the City of Huntington Beach projects. We have recently completed several design projects and we are aggressively seeking new project opportunities. We have also reviewed our work back-log and confirmed we have available support staff for our team. ● Partner-in-Charge: Paul Westberg, AIA, Managing Partner Mr. Westberg with over 40 years of experience. ● Principal-in-Charge/Project Manager - Programmer/Planner: Gregory G. Beard, Principal Mr. Beard with over 30 years of experience; and City of Huntington Beach resident. ● Project Architect: John Garakian, RA, Sr. Project Architect/Designer Mr. Garakian with over 40 years of experience ● Project Architect: Jon Gomer, RA, LEED AP, Senior Project Architect Mr. Gomer with over 30 years of experience. ● Project Lead: Steven Wheeler, Project Leader Mr. Wheeler with over 25 years of experience. ● QA/QC Manager: Robert Bender, Architect, Senior Project Architect Mr. Bender with over 40 years of experience; and City of Huntington Beach resident. ● Specifications Writer: Richard Matteo, AIA, CSI, CCS, Specifications Writer Mr. Matteo with over 40 years of experience. ● Construction Administrator/Close-Out Specialist: William E. Gamache, Construction Administrator Mr. Gamache with over 30 years of experience. ● CASp Project Specialist: Lee Langlois, California Access Specialist Mr. Langlois is a DSA Level 1 Inspector with over 25 years of Construction experience. ● Cost Estimator (Cumming LLC): Ashok Patel, CPE, LEED AP, Managing Director Mr. Feeney possesses 15 years of experience in construction management. D. SERVICE CATEGORY 162 Westberg + White, Inc.Page 10 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach 3) References: ● Citrus Community College District: Project: Citrus College, Hayden Hall Renovation Contact: Fred Diamond, Director of Facilities & Construction Telephone: (626) 914-8691 Email: fdiamond@citruscollege.edu Project Description: The $2.5 Million, 4,314 SF renovation project includes structural seismic upgrades, external and internal accessibility compliance, new restrooms, and complete rehabilita- tion of the building exterior materials. Our primary goal is to maintain the existing character of the structure while adding new exterior access ramp and stairs, enhancing the main entrance of the building with a new expanded foyer which provides entry and building graphic identity, as well as an elevated outdoor patio area for expanded functional use of interior to exterior special activity use. The interior will incorporate a large multi-function meeting/study room, conference/workroom, offices, lounge, and other support functions. New exterior landscape and lighting will enhance the building as well as blend with adjacent existing campus materials. PM: Greg Beard (714) 508-1780 Duration: 06/2014-06/2015 ● Golden West College Joint with Boys & Girls Club of Huntington valley Project: Joint-Use Gymnasium, Child Development Center & School-Age Center Contact: Randy Flint, Proj. Manager; Bob Hoxsie, Boys & Girls Club of Huntington Valley Telephone:(714)395-8974;(714) 899-5900 Email: rflint@gwc.cccd.edu; hoxsie@aol.com Project Description: This $2.8 Million Gymnasium facility, located on the campus of Golden West Community College in Huntington Beach, California is designed for joint- use by the proposed adjacent Boys and Girls Club and the Community College students. The facility includes a regulation basketball court and restrooms, with attached additional exterior restrooms for access from the adjacent college track and field. PM: Greg Beard (714) 508-1780 Duration: Gym: 08/2010- 08/2015 ● Rancho Santiago Community College District: Project: Santa Ana College - Central Plant Contact: Peter J. Hardash, Vice Chancellor Business Operations/Fiscal Services Telephone: (714) 480-7340 Email: hardash_peter@rsccd.edu Project Description: The new $15 Million, 23,685 s.f. two-story Central Plant building on the Santa Ana College campus provides a chilled water system to eight existing campus buildings and four future buildings. This new energy efficient system will replace the rooftop systems on the existing buildings.The Building has been designed to incorporate additional mechanical equipment when the future buildings come on line. PM: Greg Beard (714) 508-1780 Duration: 02/2015 - On-going D. SERVICE CATEGORY (Continuation) 163 Westberg + White, Inc.Page 11 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach 4) Westberg + White’s uniqueness from others is differentiated by our individualized service to each Client. We know that the investment of resources by a City constitutes a special example commitment to the community. We know that the evaluation of the program, the selection of an appropriate schematic concept, the development of the design for the facilities, and the completion of the construction process within the time constraints, budget and expectations requires a clear, participatory and well organized planning approach. Westberg+White, Inc. has been providing exceptional Architectural and Planning services for 30 years, Since its 1987 incorporation date. D. SERVICE CATEGORY (Continuation) CITY OF LA MIRADA - Community Sheriff Station 164 Westberg + White, Inc.Page 12 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach 5) Resumes: Paul Westberg, AIA, Managing Partner D. SERVICE CATEGORY (Continuation) Mr. Westberg, as Managing Partner of Westberg + White for over 30 years since Firm inception, has been the driving force in working with public entities and placing the Firm within the small inner circle of top notch California Architects. His background began in the City of Downey, graduating with his final education from the Cal Poly San Luis Obispo School of Architecture. His only stopping point during his educational experience was a period of Government service in the U.S Air Force. Beginning his practice of Architecture in the City of Tustin, Mr. Westberg ultimately had the opportunity to blend his professional endeavors with that of Mr. Frisco White, in 1986, building Westberg + White into what it is today. Mr. Westberg has been the managing partner of the Firm through it’s many years of professional service. Along with Mr. White’s excellent design talents, these two business partners have garnered numerous happy clients, many of whom have become long-term friends to Mr. Westberg. Mr. Westberg is the primary lead with the large majority of the Firm’s present clients, and Architect of Record on many of the Firm’s projects. His ability to understand the overall pressures that burden his clients as pertains to their Capital Facilities needs has allowed the Firm to continue its upward growth. Also, after understanding the desire of the Public Client to have their design professionals’ close by; Mr. Westberg quickly implemented the placement of several offices throughout the State. Presently Westberg + White is located in Tustin, San Diego, and Riverside. Education: Bachelor of Architecture California Polytechnic State University, San Luis Obispo Registration:C-11045, California Relevant Experience Partial List: • Carson Park, City of Carson • Aquatic Complex, City of Seal Beach • Sunset Park Ranger, City of San Marcos • La Mirada Community and Senior Center, City of La Mirada • La Mirada Community Sheriff Station, City of La Mirada • Splash Aquatic Center, City of La Mirada • California Space Authority Space Center • Abel Maldonado Community Youth Center, City of Santa Maria • Elementary Institute of Science, San Diego • George Stevens Commuity Center, San Diego • Public Airport District Terminal Building, City of Santa Maria • Santa Ana College Central Plant Infrastructure Project. • Santa Ana College Campus Site Expansion & Parking lot Expansion Project. • Santa Ana College New Soccer Field/Parking Lot & Support Structures • Santa Ana College 17 St., Bristol St. & Washington St. Accessibility upgrades • Santa Ana College New Parking Lot & Campus Road Re-alignment Project. 165 Westberg + White, Inc.Page 13 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach 5) Resumes: Greg Beard, Principal, Director of Operations D. SERVICE CATEGORY (Continuation) Greg Beard has over 30 years experience in the architectural industry. He has extensive knowledge in a variety of project types including Civic, K-12, and Community Colleges, as well as other sectors that include Analytical and Medical Laboratories, Corporate and Commercial projects, Mix-use projects, Assisted Living/Alzheimer’s Facilities and Single & Multi-Family housing. Greg’s architectural experience started in 1987 designing single and multi- family projects, then later developing the desire to design commercial projects. This combined experience allowed he and a close friend of his to create there own firm in the 90’s. Later they merged the office with an international firm that wanted to move into the LA region to focus on Retail and Corporate projects. In 1999 Greg joined a notable Newport Beach architectural firm where he developed his passion of designing Educational and Civic projects, this passion has bridged a 18 year span. Now with Westberg + White Architects, he provides leadership to our teams as Principal-in-Charge and as Project Manager/Designer to ensure the our client’s goals are met. Greg is an experienced team leader with strong communication and consensus building skills. He has a history of providing excellent service and as a result, has led to continued client satisfaction and long–term relationships. He joined Westberg + White in 2011 Education: Associate of Science, Architecture Rio Hondo College, Whittier, CA Professional Membership:National Association of Industrial and Office Properties (NAIOP) California Assisted Living Facilities Association (CALFA) Society of American Military Engineers (SAME) Relevant Experience Partial List: • Huntington Beach Police Department Planning Services • Huntington Beach Promenade Parking Structure Toilet Room Replacement • Lakeview Park Community Center, City of Santa Fe Springs • Liberty Park Community Center Renovation, City of Cerritos • Liberty Park Community Center, Phase II, (New Covered Multi-Purpose, Child Educational and Activity Center, & Maintenance Garage), Cerritos, CA • Chino Hills State Park Public Use Facilities, City of Chino Hills • Cypress College - Learning Resource Center • RSCCD,Santa Ana College,19 District-Wide projects • Fullerton College - Portable Building Swing Space Village Removal/Parking lot 10 renovation • Allan Hancock College, Performing Arts Renovation • MiraCosta College Creative Arts Complex Expansion and Concert Hall, • MiraCosta College, Horticulture Complex • Citrus College Fine Arts Classroom Building • Citrus College Student Services Building • Citrus College Vo-Tech Building 166 Westberg + White, Inc.Page 14 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach Mr. Garakian has over 40 years of professional experience in the architectural field designing education, commercial office, civic, retail, industrial, and manufacturing, entertainment, and residential projects. Ranging in size from single family residences to midrise offices and hundreds of thousands of square feet of manufacturing and industrial projects his work has been completed in several U.S. states and abroad. His career has allowed him to participate in many client project collaborations where he was integrated within the client’s operations during the design process; to achieve an ultimate understanding of the 5) Resumes: John Garakian, RA, NCARB, CDT, Senior Project Architect D. SERVICE CATEGORY (Continuation) client goals, business model, operations, and project expectations. These projects include clients such as; Santa Ana College, McDonnell Douglas Realty Company, Home Savings of America, The Irvine Company, Kaiser Aluminum, Universal Studios, and many more. These successful collaborations produced many award winning projects, which also developed into long lasting client relationships and expanded work opportunities. Additionally, John’s background includes firm ownership, management, operations and business development, performing responsibilities as a firm principal, director of design, architectural department manager, and operations manager. His experience as a lead designer is the foundation of his career; however, he has also performed extensive roles in all phases of project management and execution from programming through construction. He joined Westberg + White in 2009. Education: Bachelor of Architecture California Polytechnic State University, San Luis Obispo Registration:C-9826, California Arizona 19502, Colorado C-2174 NCARB Certificate No. 24430 CDT Certification Relevant Experience Partial List: • Huntington Beach Police Department Planning Services • Santa Ana College Johnson Center Programming Services • Santa Ana College Central Plant Infrastructure Project. • Santa Ana College Campus Site Expansion & Parking lot Expansion Project. • Santa Ana College New Soccer Field/Parking Lot & Support Structures • Santa Ana College Campus Pedestrian Mall Renovation & Infrastructure • Santa Ana College Master Planning. • Santa Ana College Campus wide Building upgrades & Renovations. • Santa Ana College Planetarium Expansion & Renovation. • Rancho Santiago Community College District, District-Wide Surveillance Projects • Cypress College - Campus circulation analysis and enhancement, including new campus entry and identity design • California Space Center; Master Planning and Conceptual Design • Torrance Unified School District; North HS. Modernization • El Monte City School District; Durfee Elementary School Expansion 167 Westberg + White, Inc.Page 15 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach Mr. Gomer tasks include Programming, schematic design, design development, construction docs., bidding, construction administration assessment reports, project budgets, cost estimates, project management, managing design teams and consultants, writing client and consultant contracts, project schedules and phasing plans, approval processes. Mr. Gomer received the recognition by Architectural Record December 2010 for earning LEED points for Innovation Design in the product materials of clay roofing tiles in the Chain of Custody use. He joined Westberg + White in 2013. 5) Resumes: Jon Gomer, RA, LEED AP, Senior Project Architect D. SERVICE CATEGORY (Continuation) Education: Bachelor of Architecture California Polytechnic State University, Pomona Registration:C-25861, California US Green Building Council, LEED Accredited Professional – 2009 Certified Sustainable Projects Experience Partial List: • Santa Margarita HS: Phase 2, Eagle Athletic Center – (LEED Silver, Savings-by Design) • Santa Margarita HS: Phase 3, Academic Building – (LEED Silver) • Fremont Elementary School: New ORG Classroom Building – (HPI) • La Crescenta Elementary School: New ORG Classroom Building – (HPI) • Lincoln Elementary School: New ORG Classroom Building – (HPI) • College View School: Special Education Facility – (Solar Cell Panels, Solar Water Panels) • Woodbridge High School: Aquatic Center – (CHPS, Solar Water Panels, Fuel Cells) • Woodbridge High School: Music/Fitness Expansion Center – (CHPS, Savings-by-Design) • Woodbridge High School: Parking Lot Expansion and Fire Road Loop – (CHPS) • Pierce College: ADA Accessibility Upgrades – Los Angeles, CA • Harbor College: ADA Accessibility Upgrades – Los Angeles, CA • L.A. Southwest College: ADA Accessibility Upgrades – Los Angeles, CA • West L.A. College: ADA Accessibility Upgrades – Los Angeles, CA • University High School: New Special Education Building – Irvine, CA 168 Westberg + White, Inc.Page 16 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach Mr. Wheeler has over 25 years of comprehensive professional experience in preparing Construction Documents for projects. Mr. Wheeler’s experience encompasses all phases of a project; from Programming and Design, through Construction Documents, through agencies/Cities approvals, as well as Construction Administration. Mr. Wheeler is skilled in coordinating the work and information with the team of project consultants while providing quality control. He also collaborates with the Specification writer, ensuring coordination with the Contract Documents. Mr. Wheeler’s passion for architecture is evident in his enthusiasm and commitment to a team environment; an asset for a successful project. 5) Resumes: Steven Wheeler, Project Leader D. SERVICE CATEGORY (Continuation) Education: Architectural Major California Polytechnic State University, Pomona Relevant Experience Partial List: • Huntington Beach Promenade Parking Structure Toilet Room Replacement • Bellflower Unified School District; STEAM Building- Bellflower, CA • College of the Canyons, Soccer Field • Desert Sands Unified School District: Indio High School, Indio, CA • Los Angeles USD: South Region High School #4, Long Beach, CA • Los Angeles USD: South Region High School #13, Walnut Park, CA • Los Angeles USD: East Valley High School #1B, Los Angeles, CA • South Orange County Community College District: Technology and Applied Science Building, Mission Viejo, CA • Citrus Community College: Administration Building, Glendora, CA • Citrus Community College: Campus Center, Glendora, CA 169 Westberg + White, Inc.Page 17 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach Mr. Bender has accumulated over 45 years of experience in the architectural profession and construction industry before coming to Westberg + White, Inc. For more than 17 years he successfully operated his own architectural practice in Newport Beach where he designed numerous commercial, retail, office, industrial, and residential projects ranging from custom single family homes to large condominium complexes, commercial shopping centers and automobile dealerships. His internship in the profession included work with a notable Los Angeles based architectural firm where he gained a broad experience in educational facilities. 5) Resumes: Robert L. Bender, AIA, CCA, Senior Project Architect D. SERVICE CATEGORY (Continuation) Prior to joining Westberg + White, Inc., Bob spent 21 years with another notable Newport Beach architectural firm where he eventually rose to become a lead architect, partner and shareholder. There he continued to develop his skills and acquire his extensive experience and knowledgeable background working on educational facilities. Bob’s responsibilities with that firm included work on projects for universities, community colleges, high schools, elementary and middle schools, and administrative facilities for school and community college districts throughout the state. His expertise and leadership includes planning and design, project management, project scheduling, consultant coordination, cost accounting, quality assurance and quality control, constructability reviews, construction administration and change order administration. He has successfully interfaced with governmental, military, public and private agencies to assure that client’s program goals and expectations are achieved. The foundation of his career has been to bring strong leadership skills to bear and mentor the team for each project as necessary to provide an unparalleled service to every client and to develop continued relationships for now and into the future. He joined Westberg + White in June 2013. Education: Architectural Major, California Polytechnic State University, Pomona Registration:C-10136, California Relevant Experience Partial List: • Antelope Valley College, Health/Science Building, Lancaster, CA • Cypress College Campus Safety, Cypress, CA • Cypress College Learning Resource Center, Cypress, CA • Cypress College Piazza, Cypress, CA • Coastline Community College Higher Education Center, Garden Grove, CA • Anaheim Higher Education Complex Renovation(formerly Martin Luther Hospital) Anaheim. • Irvine Valley College, Library, Irvine, CA • Moreno Valley College,Phase 2, Moreno Valley, CA • Cerritos College Gymnasium Seismic Renovation, Norwalk, CA • Vanguard University Business/Religion Building, Costa Mesa, CA • East Valley High School, North Hollywood, CA • Dos Pueblos High School Performing Arts Center, Goleta, CA 170 Westberg + White, Inc.Page 18 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach Mr. Gamache will be the lead construction administrator and close-out specialist for the project and he will assist Mr. Bender to ensure the project is constructed as documented in the contract documents. Mr. Gamache has many years of experience in providing construction administration services; he is a licensed General Contractor. He joined Westberg + White in 2006. 5) Resumes: William E. Gamache, Construction Administrator/Close-Out Specialist D. SERVICE CATEGORY (Continuation) Education: Orange Coast College, Costa Mesa, CA Licensure: Division of the State Architect - Project Inspector Class 2 License #4438 General Contractors License #568407 DSA-CASp Certification in progress. Relevant Experience Partial List: • Hemet Service Center; Riverside County Economic Developement Agency • Cypress College - Campus circulation analysis and enhancement, including new campus entry and identity design and Site Accessibility. • Community Magnet Charter School; Los Angeles Unified School District • Santa Ana College Central Plant Infrastructure Project. • Santa Ana College Campus Site Expansion & Parking lot Expansion Project. • Santa Ana College New Soccer Field/Parking Lot & Support Structures • Santa Ana College 17 St., Bristol St. & Washington St. Accessibility upgrades • Santa Ana College New Parking Lot & Campus Road Re-alignment Project. • Santa Ana College Campus Pedestrian Mall Renovation & Infrastructure • Santa Ana College Campus wide Building upgrades & Renovations. • Santa Ana College Planetarium Expansion & Renovation. • Rancho Santiago Community College District, District-wide Surveillance • Fullerton College - Portable Building Swing Space Village Removal/Parking lot 10 renovation • Downey High School; Downey Unfied School District • Warren High School; Downey Unfied School District • Madison Elementary School; Redondo Beach Unified School District • Lincoln Elementary School; Redondo Beach Unified School District • Adams Middle School; Redondo Beach Unified School District • Parras Middle School; Redondo Beach Unified School District 171 Westberg + White, Inc.Page 19 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach 5) Resumes: Richard L. Matteo, AIA, CSI, CCS, Specification Writer Mr. Matteo has over 40 years of experience writing of specifications, coordination of specifications with consultants, quality assurance review of construction documents, review shop drawings, materials reaserach, product investigation. Education: Southern Connecticut State University Bachelor of Art Degree Quinnipiac University Division of Continuing Education Professional Organizations: American Institute of Architects AIA California Council / AIA Orange County Construction Specifications Institute Orange County Chapter Certified Construction Specifier (CCS) - 2005 International Code Council (ICC) Lee Langlois, Certified Access Specialist Mr. Langlois is a DSA Level 1 Inspector with over 25 years of Construction experience. He possesses inspection and management experience in the construction of new and modernizations of existing school structures. Mr. Langlois has consistently attained duties of increasing responsibility in the areas of inspection, management, and general project team coordination. He is one of less than 600 individuals in California to earn certification as a California Access Specialist. Education: 1985-1987 LBCC, Cal State Fullerton Certifications: DSA Level 1 - Certified Project Inspector Cert. #5132 CA Certified Access Specialist Cert. #301 Ashok Patel, Cumming LLC Managing Director Ashok possesses over 30 years of experience working in the construction industry since 1983. He is experienced in all aspects of cost management for the civil, structural, and architectural disciplines. Ashok’s responsibilities include budgeting, milestone estimates, QA/QC, peer review, and value engineering analysis. He is involved with projects from the master plan stage through occupancy. Education: Bachelor of Science, Quantity Surveying Greenwich University, London, 1983 Certifications: Certified Member, Royal Institution of Chartered Surveyors (MRICS), No. 0080274, 1988 D. SERVICE CATEGORY (Continuation) 172 Westberg + White, Inc.Page 20 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach Staffing: ● Partner-in-Charge: Paul Westberg, AIA, Managing Partner Mr. Westberg will act as a resource to the entire Design team and the City to ensure the proj- ect deliverables and programs are met. As the Managing Partner, he will also monitor project activities to make sure the appropriate staff members are available and are assigned to the City’s projects. The City of Huntington Beach projects will be managed and championed from our Tustin Office, but if necessary he will adjust man power and utilize other staff members from the other W+W offices including San Diego to make sure the City’s projects milestones are met. ● Principal-in-Charge/Project Manager - Programmer/Planner: Gregory G. Beard, Principal Mr. Beard will be the Main Contact for the City and act as a resource for the entire design and construction team. He will manage the billing and administrative aspects of the project and coordinate information to the Client. Mr. Beard will work with the Client to see that the efforts generated in design workshops are translated to the final design. He will lead the program- ming and planning efforts and assist in the Design phase of the project. ● Project Architect: John Garakian, Senior Project Architect Mr. Garakian will be the Project Architect for the project; he’ll be the project team lead. He’ll also work closely with Mr. Beard in developing the project scope and scheduling the project mile stones and deadlines. Mr. Garakian will assist the team during the project’s transition from design to construction documentation, develop outline specifications, provide quality assurance reviews and work closely with the production team to ensure the District’s goals are met. D. SERVICE CATEGORY (Continuation) Gregory G. Beard Principal-In-Charge/Project Manager Programmer/Planner Robert L. Bender, AIA QA/QC Manager Steven Wheeler Project Lead Westberg + White Jon Gomer, RA, LEED AP Project Architect, LEED Lee Langlois CASp Project Specialist Richard Matteo Spec. Writer Ashok Patel Cost Estimating (Cumming LLC) John Garakian, RA Project Architect William E. Gamache Construction Administrator/ Close-Out Specialist Paul Westberg, AIA Partner-In-Charge 173 Westberg + White, Inc.Page 21 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach ● Project Architect: Jon Gomer, RA, LEED AP, Senior Project Architect Mr. Gomer along with Mr. Garakian will be the Project Architect for the project; he’ll be the project team lead. He’ll also work closely with Mr. Beard in developing the project scope and scheduling the project mile stones and deadlines. Mr. Garakian will assist the team during the project’s transition from design to construction documentation, develop outline specifications, provide quality assurance reviews and work closely with the production team to ensure the District’s goals are met. ● QA/QC Manager: Robert Bender, AIA, Senior Project Architect Mr. Bender will oversee the project architect, project designer and project team to es- tablished broad directions and goals for the quality assurance/quality control as it is an ongoing process throughout the project. This approach offers project teams the best chance to develop high-performance, innovative facilities that meet the owner’s goals in the most elegant manner. Mr. Bender will conduct detailed reviews at the end of sche- matic design, design development and at the 50% and 100% completion milestones of the construction document phase. During these sessions, documents will be reviewed for constructability, interdisciplinary coordination and code compliance. ● Specifications Writer: Richard Matteo, AIA, CSI, CCS, Specifications Writer Mr. Matteo with over 40 years of experience works closely with the Project Manager and Architects to provide project specific documents. As a member of the Construction Specifications Institute, he is able to stay current on the latest changes in format and content for construction documents and technical specifications. He is proficient in the requirements and procedures in building code requirements. ● Construction Administrator/Close-Out Specialist: William E. Gamache, Construction Administrator Mr. Gamache with over 30 years of experience will assist the project team during all phases of the project to ensure consistency and full understanding of the project and special concerns that are relevant to the project. He will be responsible for managing the contract administration phase. Additionally, Bill will work in managing the project on a daily basis and will be the primary decision maker for the Construction Manager or Contractor on behalf of the design team. He will attend weekly project construction meetings and work closely with the Client and/or Construction Manager throughout the project. He and his team will also be responsible for coordinating with agencies for project close-out. ● CASp Project Specialist: Lee Langlois, California Access Specialist Mr. Langlois is a DSA Level 1 Inspector with over 25 years of Construction experience. He possesses inspection and management experience in the construction of new and modernizations of existing school structures. Mr. Langlois has consistently attained du- ties of increasing responsibility in the areas of inspection, management, and general project team coordination. ● Cost Estimator (Cumming LLC): Ashok Patel, Cumming LLC Managing Director Ashok possesses over 30 years of experience working in the construction industry since 1983. He is experienced in all aspects of cost management for the civil, structural, and architectural disciplines. Ashok’s responsibilities include budgeting, milestone estimates, QA/QC, peer review, and value engineering analysis. He is involved with projects from the master plan stage through occupancy. D. SERVICE CATEGORY (Continuation) 174 Westberg + White, Inc.Page 22 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach Understanding & Methodology Section We have a clear understanding of your needs and priorities based on the scope of ser- vices provided in the RFQ Category H “ Architectural Services”. Our extensive architec- tural and planning experience ensures that we know how to address any architectural planning and design project for new structures or modifications of existing structures. We have experience developing projects within a political environment and community involvement in the design process by involving the community in the design process to assist in preparing the specifications and translating any project program needs into physical and spatial designs for their facilities; the members of the community must have a strong interest in being involved in all phases of the facilities design planning process. Our approach to designing environments is interactive in nature, encouraging the partici- pation of the individuals who will ultimately use the facility. Our Interactive Design Pro- cess is team oriented. This client, through designated representatives and community representation, is a key team member and plays certain designated roles throughout the design, planning and facility development process. We guide and coordinate the entire process. We initially begin by getting all key members together and setting the team in motion. Within our organization, we design by team so that we can bring all the necessary skills and experiences to each project. Westberg + White Design Philosophy and Sharing information throughout the life of the project Within the context of the development of comprehensive environments, creative design means finding ways to maximize the project value of every square foot of allocated space and still keep the overall cost of the space within the resource limits of the project. During the progress of a project, client communication is very important. We will provide the Client with adequate information in a timely manner to meet all of your needs. While working with the planning committee during design, we will provide documentation includ- ing Planning Specifications, the Schematic Design Booklet, and the Design Development Booklet. D. SERVICE CATEGORY (Continuation) CITY OF SAN MARCOS - Sunset Park Ranger 175 Westberg + White, Inc.Page 23 Request for Qualifications ON-CALL ENGINEERING & PROFESSIONAL CONSULTING SERVICESCity of Huntington Beach Approach for Renovation vs. New Construction Projects: Renovation: Buildings that require a renovation bring into play, first of all, the understanding of the existing structures, their past history pertinent to on-going differed maintenance, additions to the structures, original reasons for their configurations, and present state of repair. Creating “as-built” drawings of the structures take time and patience. Once the effort has been completed and the Team understands what exists, then the effort to renovate and repurpose the facility will take place ultimately providing the client with newly upgraded facilities, both from a materials/finishes perspective as well as the newly installed power, lighting, air delivery and all wearable parts, such as doors, hardware, cabinets, etc.. This effort will always bring about surprises pertinent to discoveries made during demolition. Large contingencies are always needed in the budget process. New Construction: This is a much more straight forward approach to constructing facilities. Whether it is an entirely new facility location or the enhancement of new buildings on an existing facility, the unknowns came be much less severe. Whereas renovation will generally require the dislocation of its users to temporary facilities, new construction does not. Site disruption can be more easily handled. Disputes and Claims involving Contractors and Subcontractors: W+W believes it is essential for the parties to make every effort, within the provisions of the contract, to resolve disputes at the lowest cost and with the least time-consuming solution. Our goal is to promote a cooperative attitude and maintain a good working relationship with all parties and continue to work together after dispute is resolved. D. SERVICE CATEGORY (Continuation) SANTA MARGARITA HIGH SCHOOL W+W Project Architect Jon Gomer prior experience while associted with another firm. 176 Tustin | San Diego | Riverside 14471 Chambers Road, Suite 210 Tustin, CA 92780-6964 T 714.508.1780 F 714.508.1790 www.wwarch.com HOURLY FEE SCHEDULE 2018 Partner / Principal ................................................................... $215 Project Manager...................................................................... $170 Senior Project Architect .......................................................... $150 Senior Designer .................................................................... $140 Project Architect ...................................................................... $140 Senior Job Captain ............................................................... $125 Construction Administrator I ................................................. $125 Job Captain ........................................................................... $110 IT Department ....................................................................... $110 Staff Designer/Planner .......................................................... $100 Senior Draftsperson .................................................................. $90 Construction Administrator II .................................................. $80 Intermediate Draftsperson ........................................................ $75 Junior Draftsperson .................................................................. $70 Administrative Support ............................................................ $70 Services provided by engineering and special consultants assigned to the project, and other reimbursable expenses shall be charged at one and one-tenth (1.10) times the amount billed to Westberg + White, Inc. These are the current rates effective January 1, 2018 through December 31, 2018. Hourly fee rates are subject to change annually. 177 178 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARK ANDERSON ARCHITECTS, INC. DBA PACIFIC RIM ARCHITECTS FOR ON CALL ARCHITECTURAL 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 Mark Anderson Architects, Inc dba Pacific Rim Architects, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call architectural 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: 1. 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 Anderson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 179 agree/ surfnet/professional svcs mayor 2 of 11 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____________________, 20____ (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 ($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." 180 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 181 ($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: 182 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 183 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 184 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: TO CONSULTANT: City of Huntington Beach ATTN: Jerry Thompson 2000 Main Street Huntington Beach, CA 92648 Mark Anderson Architects, Inc dba Pacific Rim Architects Attn: Mark Anderson 4952 Warner Avenue, Suite 236 Huntington Beach, CA 92649 714-840-2100 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. INTERPRETATION 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 185 unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 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 186 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 shall 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 187 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. 188 189 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), consistent with the City of Huntington Beach Request for Qualifications for On Call Architectural Engineering 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. 190 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. 191 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. 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 be 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. . 192 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARK ANDERSON ARCHITECTS, INC. DBA PACIFIC RIM ARCHITECTS FOR ON CALL ARCHITECTURAL ENGINEERING SERVICES Table of Contents 1 Scope of Services .....................................................................................................1 2 City Staff Assistance ................................................................................................2 3 Term; Time of Performance .....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work ...............................................................................................................2 6 Method of Payment ..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance......................................................................…….4 10 Certificate of Insurance ............................................................................................5 11 Independent Contractor ............................................................................................6 12 Termination of Agreement .......................................................................................6 13 Assignment and Delegation ......................................................................................6 14 Copyrights/Patents ...................................................................................................7 15 City Employees and Officials ..................................................................................7 16 Notices……………………………………………………………………………..7 17 Consent ....................................................................................................................8 18 Modification .............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement ..............................................................................8 21 Duplicate Original ....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited ................................................................9 24 Attorney's Fees ..........................................................................................................10 25 Survival .....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety ......................................................................................................................10 29 Effective Date………………………………………………………………………11 193 194 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 1 of 5 COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." PSG04393241 195 © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 2 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS – OF SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3)and (4)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: 196 © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 3 of 5 If an "employee’s" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee’s" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5.PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c.and 4.d.do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or 197 © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 4 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.SectionIII–VersionCA00010310ofthe Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c.For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUITORLOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: 198 © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 5 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto’s actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c.Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 199 CG D3 82 09 07 Page 1 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission POLICY NUMBER: COMMERICAL GENERAL LIABILITY ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury”, ‘property damage” or ‘personal injury caused, in whole or in part, by your acts or omis - sions or the acts or omissions of those acting on your behalf: a.In the performance of your ongoing oper- ations; b.In connection with premises owned by or rented to you; or C. In connection with your work and included within the “products-completed operations hazard.” Such person or organization does not qualify as an additional insured for “bodily injury”, “property damage” or “personal injury’ for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d.This insurance does not apply to the render- ing of or failure to render any “professional services”. e.The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that ‘contract or agreement requir- ing insurance” to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this 6801H959533 5/7/2018 The City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 200 COMMERICAL GENERAL LIABILITY CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The “bodily injury” or “property damage” for which coverage is sought occurs; and (2) The “personal injury” for which coverage is sought arises out of an offense committed; after you have entered into that “contract or agreement requiring insurance” for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for “bodily injury”, “property damage” or “personal injury” arising out of “your work” on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a “contract or agreement requiring insurance” with that additional insured. We waive these rights only where you have agreed to do so as part of the “contract or agreement requiring insurance” with that additional insured entered into by you before, and in effect when, the “bodily injury” or “property damage” occurs, or the “personal injury” offense is committed. D. The following definition is added to DEFINITIONS (Section V): “Contract or agreement requiring insurance” means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the “bodily injury” and “property damage” occurs, and the “personal injury” is caused by an offense committed: a.After you have entered into that contract or agreement; b.While that part of the contract or agreement is in effect; and c.Before the end of the policy period. 201 CITY OF HUNTINGTON BEACH STATEMENT OF QUALIFICATIONS ON-CALL ARCHITECTURAL ENGINEERING & CONSULTING SERVICES 202 January 11, 2018 City of Hun ngton Beach City Clerk’s Offi ce 2000 Main Street, 2nd Floor, Hun ngton Beach, CA 92648 A en on: Mr. Jim Slobojan, Fiscal Services Division RFQ- On-Call Architectural Engineering and Professional Consul! ng Services It is with great pleasure that Pacifi c Rim Architects presents our Statement of Qualifi ca ons to perform the services requested by the City (inclusive of addenda). We are very excited about the opportunity to do work in the town that we call home. We have recent, releveant experience that makes us a uniquely qualifi ed. • Initmate familiarity with the City of Hun ngton Beach • Deep experience in both designing public works projects but also managing public funds in construc on project management. • Providing direct involvement of Senior Staff • Exper se in ADA compliance This work will be performed out of our offi ce in Hun ngton Beach. Please call me directly on my cell phone if you have any ques ons. Thanks, Mark Anderson, AIA, CCM, CASp, LEED AP Principal Pacifi c Rim Architects 4952 Warner Avenue, Suite 236 Hun ngton Beach, CA 92649 p 714.840.2100 f:714.840.2101 m: 213.222.6249 e: mark@pacifi crimarchitects.com 203 Mark Anderson dba Pacific Rim Architects Mark Anderson, AIA, CCM, CASp X mark@pacificrimarchitects.com Principal mark@pacificrimarchitects.com 4952 Warner Ave, Suite 236 Huntington Beach, CA 92649 X X 714.840.2100 714.840.2101 714.840.2101714.840.2100 Cell Phone: _______________________213.222.6249 Mark Anderson, AIA, CCM, CASp X Mark Anderson Architects dba Pacific Rim Architects 204 Mark Anderson, AIA, CCM, CASp Principal 213.222.6249 (cell) A288089 Oct-31-2018 46 1876207 President 82 0887606 714.840.2100 205 EXHIBIT A: PRE-QUALIFICATION FORM ON-CALL ARCHITECTURAL ENGINEERING & PROFESSIONAL CONSULTING SERVICES SERVICE CATEGORY PROPOSING? Y/N (circle) A. Architectural Engineering Services Yes / No ___ (Initial) Consultant is willing to execute the Agreement as drafted (See Appendix B). ___ (Initial) Consultant is able to provide the insurance as required (See Appendix C). Firm Name: _____________________________________________________________ Firm Address: _____________________________________________________________ Signature: ________________________________ Date: ________________________________ Pacific Rim Architects 4952 Warner Ave, Suite 236 Huntington Beach, CA 92649 MA MA January 4, 2018 206 page 6 PACIFIC RIM ARCHITECTS pursues long-term rela onships with select clients that share our belief that the quality of the space surrounding us directly infl uences the quality of our lives. Established in 2012, we provide architectural, construc on management and accessibility services for public agencies and private clients alike with staff members that include licensed architects, designers, LEED accredited professionals, inspectors and construc on managers. We approach projects with imagina on and fl exibility and are commi ed to the conserva on of signifi cant resources—where resources can be made to func on for present and future needs. ARCHITECTURAL SERVICES Beyond fulfi lling programma c demands, well-designed facili es a ract people and add value. Pacifi c Rim Architects produces crea ve, well-considered designs that enhance the human experience with be er environments and ar culate our client’s values and contribute to establishing a strong, dis nct iden ty. We welcome the challenge of solving problems of repair, seismic strengthening, and integra ng new systems into historic structures and en rely redefi ning space to meet current needs. CONSTRUCTION MANAGEMENT From concept to construc on, our Project Management team guides partners through complex ini a ves with profi ciency, joy, and excep onal results. We specialize in the strategic planning, construc on management, constructability review and value engineering. We server our clients as their partner and advocate, bringing our exper se and dedica on to their projects from start to successful fi nish, looking to solve problems and promote communica on with all par es with a posi ve and pro-ac ve approach. FACILITY ASSESSMENTS, PLANNING AND ACCESSIBLITY SERVICES The work of this studio ranges from general condi on surveys and CASp inspec ons to feasibility studies, long-range planning, and ADA/504 Transi on Plans. QUALIFICATIONS 207 page 7 SUBCONSULTANT TEAM VCA Engineers, Inc is a client-focused, service- oriented civil and structural engineering fi rm with offi ces in Los Angeles and Orange Coun# es. with over 30 employees, VCA Engineers, Inc. engages in a wide variety of engineering designs and services involving private and public land development, facility engineering, transporta# on engineering, and topographical engineering. KELLEHER, BOYD & ASSOCIATES is a roof consul# ng fi rm devoted exclusively to the evalua# on, design and care of commercial roofs. Since 1979, our fi rm has been responsible for the annual management of over 50 million square feet of roofi ng throughout the west coast with work in 40 states. PACIFIC RIM ARCHITECTS 4952 Warner | Suite 236 Hun ngton Beach, CA 92649 Spirit Engineering is a new genera# on engineering fi rm with 50 years of diverse experience and leadership. Design services focus on innova# ve, energy effi cient, yet cost eff ec# ve design solu# ons. To prevent costly change orders, Spirit thoroughly surveys exis# ng condi# ons, incorpora# ng observa# ons and constructability considera# ons into the fi nal work product. Spirit Engineering Khazra & Associates, Inc. KHAZRA & ASSOCAITES, INC. is a full service consul# ng electrical engineering fi rm founded in 1990 by Shervin Khazra. The fi rm specializes in design of ligh# ng, power, fi re alarm, communica# on and signal systems and was recognized by the Orange County Chapter of NECA for excellence. est. 2003 est. 1979 est. 2005 est. 2012 est. 1990 QUALIFICATIONS 208 page 8 With voter approval of four bonds measures, the Los Angeles Community College District (LACCD) is in the process of modernizing the District’s nine college campuses which serve more than 225,000 students, crea ng state-of-the-art educa onal ins tu ons. This is the largest community college construc on program in the United States. We assist the District with program management and construc on management services. Program management services relate to the District’s ADA compliance - • Developing the District’s ADA/504 Transi on Plans and Annual Updates • Monitoring the Design and Construc on of District facili es for general compliance as well as conformance to the aDA/504 Transi on Plans • Advising the District and Administrators • Developing Project Scope • Establishing District-wide Policies Our staff provided construc on project management on several projects at Los Angeles Harbor College. Among them was the SAILS Student Union project, a design-build contract with Bernards and HMC Architects. The Student Union Building is a two story, 55,000 square foot building located along the southwest corner of the campus’ student services zone, adjacent to the Library Resource Center building, the exis ng Student Services building and the Planetarium building. A wide variety of programs are housed within the new Student Union including Student Dining and Food Service, Culinary Arts, Campus Bookstore, Student Ac vi es / ASO, Business Offi ce, and Commons Areas. It provides a social hub for student life and student services, by its presence at the center of the campus, and by the mul -func onal program components housed within the facility. The Project also included campus-wide infrastructure improvements, interior and exterior renova ons of the astronomy building, renova on of the student services building to accommodate a Veterans Center, and new landscape and hardscape created throughout the campus. PROJECTS PERFORMED | BUiLD-LACCD Los Angeles Community College District Michael Paravagna (ADA Coordinator, Re red) 916-205-8815 Key Personnel: Mark Anderson (2009 - 2017) 209 page 9 The City of Los Angeles Housing + Community Investment Department (HCID-LA) seeks the promo on, development and preserva on of safe, aff ordable housing in Los Angeles. HCID-LA does this by making long-term loans for new construc on or for the rehabilita on of exis ng residen al structures through a compe ve process of awarding project fi nancing in exchange for a developer’s commitment to reduced rent roles. Funding is comprised of various sources, including federal HOME funds, Community Redevelopment Agency funds, City General funds and McKinney Act bond funds and then used to leverage Low Income Tax Credit (LIHTC) or other programs. As part of the agreements between HCID-LA and the various developers, we become engaged with the Developers in ensuring that projects meet all applicable construc on-related accessibility standards. Construc on funds from HCIA-LA are not provided.un l we’ve performed a property condi on assessment and affi rmed the bid documents meet all applicable standards and fi nal retainage is not released by HCID-LA without wri! en affi rma on from us that the built work complies. Including other agencies, we have consulted on over $500M in public- funded housing construc on. • 4,285 Publicly-Funded Housing Units Surveyed (2,594 in Los Angeles County) • $850M on Projects with TCAC funds PROJECTS PERFORMED | PUBLICLY FUNDED HOUSING Los Angeles Housing and Community Investment Department (HCIDLA) Alfred Muhammad (Unit Supervisor) 213-808-8586 alfred.muhammad@lacity.org Key Personnel: Mark Anderson (2012 - 2017) 210 page 10 PROJECTS PERFORMED | TAVERNA LAGUNA Lombardi Family Concepts Client PM: Bruce Russo 214-957-2946 bruce@brussodesigns.com Key Personnel: Ulises Araujo, Mark Anderson (2015 - 2016) This historic preserva! on project brought an award- winning Texas restaurateur to a long-shu" ered facility in downtown Laguna Beach and revitalized an exis! ng housing stock. The concept of Taverna Laguna was based upon an old-style Italian tavern concept – a warm and invi! ng neighborhood restaurant that is a special place for friends and family to gather. Taverna Laguna celebrates the essence of hospitality and farm-to-table cooking in a rus! c and welcoming space. But this isn’t a transported imita! on of history transported to Laguna Beach. Instead of looking at historic preserva! on as a challenge, we were able to wrap the history of the site into the ambiance desired for dining – rediscovering long hidden historic ! le murals and water fountain on the pa! o and restoring long deteriorated fi nishes. 211 page 11 Founded in 1890 by Norwegian pioneers, Pacifi c Lutheran University is a private university off ering liberal arts and professional school programs to approximately 3,300 students on a 156-acre woodland campus divided by geography. The upper campus is home to many of the academic and administra on buildings including Phillip Hauge Administra on Building, Mortvedt Library, Mary Baker Russell Music Center, Ramstad Hall, Xavier Hall, University Center and various smaller structures. The lower campus is home to the university’s athle c facili es, many residen al life buildings, most parking and a science complex that includes Rieke Science Center, Morken Center and the Keck Observatory. We performed the campus-wide assessment of facili es and presented recommenda ons for correc ve measures and associated priori za on. Challenges for the University was the age of most facili es (the oldest being Harstad Hall - an 1894 registered historic landmark), the geographic terrain and a generally limited construc on program budget. Given these were ac ve facili es, we preserved academic opera ons by scheduling fi eld work to be performed in the during the Summer, working around Summer session class schedules, and with dormitories assessed in the brief window of me between Summer and Fall semesters. Our recommenda ons were presented to the University President and Administra on in public forum for review and adop on. PROJECTS PERFORMED | PLU 504 TRANSITION PLAN Pacifi c Lutheran University Raymond Orr (Vice-President) 253.535.7663 orrrk@plu.net Key Personnel: Mark Anderson, Ulises Araujo (2016 - 2017) 212 page 12 The City of Los Angeles Department of Recrea on and Parks proposed improvements to the Woodland Hills Recrea on Center. The project consists of the demoli on of two (2) exis ng structures: a 2,400- square-foot administra ve building and a 4,700-square-foot gymnasium building. The proposed construc on consists of a new approximately 12,000-square-foot recrea on center building that includes a gymnasium, mul purpose rooms, offi ce, kitchen, restrooms, support facili es, 900-square- foot equipment/auxiliary building and new 85’ X 75’ pool with 2,300-square-foot bathhouse. The project scope also includes outdoor ligh ng, amphitheater, children’s playground areas, sea ng, landscaping, and irriga on. The construc on cost is es mated at approximately $11.1 Million. VCA provided civil engineering services for the on- site improvements. The improvement includes the following: demoli on of the exis ng buildings, structures, hardscape and pavement; grading for drainage and accessibility for both new and demolished site; u lity connec ons/reconnec ons and new connec ons of sanitary sewer/potable and fi re water. In addi on, VCA provided horizontal and ver cal control for new improvements and storm water management for clean discharge or reten on. PROJECTS PERFORMED | WOODLAND HILLS RECREATION CENTER City of Los Angeles, Bureau of Engineering Marina Quinonez | marina.quinonez@lacity.org | (213) 485-4378 Key Personnel: Virgil C. Aoanan (2012 - on going) 213 page 13 page 13 PROJECTS PERFORMED | WOODLAND HILLS RECREATION CENTER County of Los Angeles Public Library Pat McGee.| pmcgee@library.lacounty.gov | (562) 940-4145. Key Personnel: Virgil C. Aoanan (2014 - 2016) This is a brand new library located on 11543 Colima Road, South Whi! er, California. This is a 15,000 square-foot building si! ng on a 60,000 square-foot lot. The design intent of this building is to be a LEED (Leadership in Energy and Environmental Design) building by implemen" ng energy effi cient equipment and environmentally-friendly materials. By implemen" ng energy-effi cient equipment, together with day-ligh" ng and other architectural features, this building achieved 45% be$ er than the baseline Title 24 energy requirement. The design team worked closely with the LEED consultant and the commissioning agent to op" mize the effi ciency of the building. As a result, this building was granted LEED Pla" num cer" fi ca" on by the US Green Building Council (USGBC). Spirit Engineering was responsible for designing the mechanical (HVAC, and energy management) and the plumbing systems. They worked closely with the rest of the design team as well as the LEED consultant and the commissioning agent to ensure the system is as energy effi cient possible while providing op" mum space comfort. The plumbing fi xtures were selected to consume as li$ le water as possible to conserve precious natural resources. This is a fast paced project. The construc" on document phase took less than 6 months (June 2014 – November 2014). The plan check phase took approximately 3 months. The construc" on began in September 2015 and completed construc" on in November 2016. The grand opening took place just before Thanksgiving, 2016. 214 page 14page 14 Kahzra & Associates, Inc. PROJECTS PERFORMED | WOODLAND HILLS RECREATION CENTER City of Los Angeles, LAPD Jeopardy Program Mr. Jeff Rosas | jeff .rosas@lacity.org | 213-473-7818 Key Personnel: Shervin Khazra (2016 - 2018) Kahzra and Associates, Inc. provided electrical engineering design services and construc! on administra! on services. Electrical systems included replacing the main electrical service, new power and ligh! ng systems, signaling systems and coordina! on with broader mechanical engineering. Although broader involvement was longer, design and permi" ng was completed in a li# le over a month. This project involved the conversion of an exis! ng light manufacturing facility into a youth center for gang preven! on/interven! on for kids ages 8 through 17 and their parents. Developed by the Los Angeles Police Department, Jeopardy targets “at risk” children, off ering a variety of educa! onal and physical projects, from tutoring to mar! al arts. This $250k renova! on project included accessibility improvements and the crea! on of classrooms, computer labs, indoor gymnasium, boxing ring and dining. 215 page 15 STAFFING ORGANIZATIONAL CHART 216 page 16 Educa on Bach. of Architecture USC, 1999 Creden als California Architect #31687 Washington Architect #8472 Cert. Access Specialist #181 Cert. Const. Manager CCM LEED Accredited Pro USGBC. ICC Access Inspector, #414107470 ICC CA Plans Examiner, #8026673-I6 With 20 years of professional experience and 10 years of residency in Hun! ngton Beach., Mark’s experience in public works projects as both an architect and cer! fi ed construc! on manager make him aptly qualifi ed to provide the sort of services the City needs. John Wayne Airport Parking Structure C Mr. Anderson served as design architect of the $48.5M, fi ve-level, post-tensioned concrete structure of approximately 725,000 square feet accomoda! ng 2,000 vehicles. The parking structure was one of the fi rst parking structures built in California u! lizing a buckling restrained brace (BRB) structural system. Los Angeles Unifi ed Modifi ed Consent Decree Mr. Anderson served as Design Manager on this challenging $23M Design-Build ADA project that involved the design and construc! on of barrier removal from 83 schools in a very aggressive 278 calendar days without disrup! on to the learning process – no classes relocated, events postponed nor any changes to academic process or progress. RiverPark Mark acted as Project Manager for this six-acre $80M mixed-use property facility located adjacent to the City of Redmond’s prized riverfront park in the Central Business District, the project drew cau! ous interest from the City and the ameni! es it would provide City residents while balancing highly technical development issues, complex stakeholder needs and coordina! on. PROJECTS / CLIENTS Los Angeles Housing Dept. Los Angeles Fire Department Los Angeles City College Los Angeles Southwest College Los Angeles Valley College Los Angeles Pierce College Los Angeles Mission College Glendale Unifi ed School Dist. Pacifi c Lutheran University Los Angeles Unifi ed School Dist. Fullerton College Cal Poly Obispo Chaeff ey College The Thatcher School Cal State Long Beach Division of the State Architect Sea& le School District University of Washington Oregon Dept. of Correc! ons Sound Transit Sea-Tac Interna! onal Airport University of California Asian Rehabilita! on Services (ARS) Berger Founda! on Long Beach Church of God Woodinville Village Boeing Corpora! on American Auto Associa! on (AAA) Preserva! on Partners A Community of Friends MARK ANDERSON, AIA, CCM, CASP, LEED AP PROJECT MANAGER STAFFING TEAM MEMBER RESUME PACIFIC RIM ARCHITECTS 217 page 17 PROJECTS / CLIENTS Veterans Aff airs, Long Beach Port of Long Beach UC Riverside / COWELCO LAPD / COWELCO California Adventure / COWELCO Disneyland Burbank / COWELCO Amity Transi onal Housing Asian Rehabilita on Services Berger Founda on MACERICH Proper es Auto Club Enterprise / ACSC HERTZ Local Edi on Tommy Car Wash Russell Fischer Car Wash Bella Terra Care Wash CHEVRON Franchised Gas Sta on EXXON MOBIL Gas Sta on CONNOCPHILLIPS Gas Sta on SHELL Franchised Gas Sta on The Paradies Shops Starbucks BJ’s Restaurants Inc Rio Tinto / Borax Mine ATRIA Senior Living The Dominion Village Vancouver Senior Housing Newfoundland Senior Housing AYRES Hotel SUNRISE Senior Living PEMEX Gas Sta on LANIK / Mexico Federal Government / Mexico World Trade Center / Mexico STAFFING TEAM MEMBER RESUME PACIFIC RIM ARCHITECTS Educa! on Bach. of Architecture UNAM, 1996 Creden! als Mexico Architect #2566942 ULISES ARAUJO, Assoc. AIA PROJECT ARCHITECT Born and raised in Mexico City, Mr. Araujo brings over 27 years of architectural experience on a diverse array of projects including Ins tu onal, Industrial, Commercial and Residen al projects for Public and Private En es. His keen a! en on to process, detail, BIM technology and client communica on made him the natural leader to transi on the prac ce from management oriented to a full service Interna onal fi rm. Los Angeles County Transi! onal Housing Mr. Araujo has been a key component to coordinate improvements and design for the renova on of buildings that can be repurposed to host about 1000 publicly-funded beds at sites spread across Los Angeles County. He has spearheaded the site assessment and project delivery of rapidly addressing homeless. AAA Auto Club Barrier Removal Mr. Araujo acted as the project manager and designer for about 25 stores, insurance offi ces / call centers, and the Auto Research Center, awarded by compe ve bid during a mul million dollar accessibility upgrade roll-out to all AAA facili es in seven coun es. Long Beach Airport Paradies Shops Originally designed by another fi rm, Mr. Araujo became the project manager brought in to resolve budget over-runs and delays, for a successuful opening of three restaurants in the new terminal. 218 Los Angeles County Orange County 1041 S. Garfield Ave. Ste. # 210, Alhambra, CA 91801 2151 Michelson Dr. #240, Irvine, CA 92612 Tel: 323-729-6098 ▪ Fax: 323-729-6043 Tel: 949-679-0870 ▪ Fax: 949-679-9370 e-mail: vca@vcaeng.com www.vcaeng.com C I V I L S T R U C T U R A L M B E D B E S B E V C A E N G I N E E R S , INC. QUALITY SERVICE COMMITMENT VIRGIL C. AOANAN, PE, SE, QSD, ENV S.P. Principal EDUCATION: B.S. Civil Engineering | 1979 University of Hawaii REGISTRATION: 1983 Civil Engineer, California No. 36079 1994 Structural Engineer, California No. 3903 1990 Professional Engineer, New York No. 067561 1994 Civil and Structural Engineer, Washington No. 23349 2012 CASQA Qualified SWPPP Developer and Practitioner (QSD and QSP) 2017 Envision Sustainability Professional (ENV S.P.) SUMMARY: Mr. Aoanan has over thirty years of hands-on experience in civil and structural engineering related to planning, design, management, and construction of aviation, commercial, education, healthcare, housing industrial, institutional, military, municipal, recreation and transportation facilities. He has prepared and executed engineering construction documents (plans, specifications, calculations, requisitions, contracts) in multiple capacities as project manager, project engineer, lead engineer, design engineer, and construction engineer in both the civil and structural disciplines. As a Civil Engineer, Mr. Aoanan is intimately familiar with design issues related to: site development, site and facility condition assessments, public works improvements (B-Permits) storm wet utility design and capacity studies (sanitary sewer, potable and fire water), water management (LID, SWPPP, SUSMP), grading and earthwork calculations, site sustainable design (LEEDS, CHPS), site infrastructure design, capital improvement programming, roadway and streetscapes geometrics, composite utilities coordination and right of way, onsite traffic/parking circulation and analysis, hydrology and hydraulics studies and design, ADA path of travel requirements. In addition, Mr. Aoanan has also extensive design experience not only in on-site improvements as described above but also in off-site improvements involving municipal and jurisdictional interfaces such as the City of Los Angeles B-Permit, California State Water Resources Control Board, California Coastal Commission or similar requirements. As a Structural Engineer, he directly managed and participated in the structural analysis, design, and construction of various types of buildings and structures, new, renovated, and/or seismically retrofitted. These building types and structures include reinforced concrete (cast in place and tilt-up), masonry, wood, and steel. PROFESSIONAL EXPERIENCE – PROJECT LIST: Mr. Aoanan served as Project Manager or Lead Civil/Structural Engineer for the following projects: County of Los Angeles, Hacienda Heights, Hacienda Heights Community and Recreation – Hacienda Heights, CA County of Los Angeles, New Quartz Hill Public Library – Quartz Hill, CA County of Los Angeles, New Manhattan Beach Library – Manhattan Beach, CA County of Los Angeles, Hall of Justice Repair and Reuse – Los Angeles, CA County of Los Angeles, Vasquez Rocks Park Site Improvements – Los Angeles, CA County of Los Angeles, Hubert H. Humphrey Urgent Care Site Improvements – Los Angeles, CA County of Los Angeles, New Los Angeles County Fire Station 104 – Santa Clarita, CA County of Los Angeles, New Los Angeles County Fire Station 128 – Canyon Country, CA County of Los Angeles, New Los Angeles County Fire Station 150 – Canyon Country, CA City of Los Angeles, Channel 35 Studio Site Improvements – Los Angeles, CA City of Los Angeles, Alpine Recreation Center Site Improvements – Los Angeles, CA City of Los Angeles, Budokan Recreation Center Onsite Improvements – Los Angeles, CA City of Los Angeles, Studio City Recreation Center Site Improvements – Studio City, CA City of Los Angeles, New Woodland Hills Recreation Center – Woodland Hills, CA City of Los Angeles, Rosecrans Recreation Center Site Improvements – Gardena, CA City of Los Angeles, Los Angeles River Greenway Project – Studio City, CA City of South Gate, Girls Clubhouse Recreation Center Site Assessment – South Gate, CA City of San Clemente, Ole Hanson Beach Club Rehabilitation - San Clemente, CA 219 Los Angeles County Orange County 1041 S. Garfield Ave., Suite 210, Alhambra, CA 91801 2151 Michelson Dr. # 240, Irvine, CA 92612 Tel: 323-729-6098 ▪ Fax: 323-729-6043 Tel: 949-679-0870 ▪ Fax: 949-679-9370 e-mail: vca@vcaeng.com www.vcaeng.com C I V I L S T R U C T U R A L D B E S B E V C A E N G I N E E R S , INC. QUALITY SERVICE COMMITMENT YOUNG NAM, P.E., S.E. Principal Mr. Young Nam is a licensed professional engineer in California and a licensed structural engineer in California and South Korea. For over 31 years, Mr. Nam has designed and directed large and complex projects including new construction, historic renovations, additions, and seismic upgrades and retrofits. He has been Project Manager and Project Principal on a variety of projects including education, commercial, high-rise, healthcare, cultural, and sports. He also specializes in the seismic upgrade and retrofit of a variety of structures. Mr. Nam is an active member of Structural Engineers Association of Southern California (SEAOSC), International Code Council (ICC), American Concrete Institute (ACI), American Institute of Steel Construction (AISC), Collaborative for High Performance Schools, Inc. (CHPS), and Asian American Architects and Engineers Association (AAAEA). REGISTRATION: 1992 Civil Engineer, California No. C 49470; 1996 Structural Engineer, California No. S 4029 PROFESSIONAL EXPERIENCE: Mr. Nam served as a Principal or Lead Structural Engineer for the following projects (including projects performed by the previous employment): Murdy Fire Station, Structural Design Services for Tenant Improvement, Huntington Beach, CA City Law Library, Remodel and Seismic Retrofit, San Bernardino, CA Las Lomas Community Center, Structural Design for the Center, Irvine, CA Dana Point Senior Center Addition, Structural Design for the Addition of the Center, Dana Point, CA Albert Chatignay Community Center, Structural Design for the Center, Beaumont, CA La Habra City Hall, Structural Engineering Services for Retrofit/ Remodeling, La Habra, CA San Dimas City Hall, Seismic Retrofit (Design-Build), San Dimas, CA San Marino City Hall, Remodel and Seismic Retrofit, San Marino, CA Tracy City Hall, Structural Design of a New Building, Tracy, CA Orange County Great Park, Structural Design of Great Park Visitor Center/Restroom Building, Irvine, CA Orange County Great Park, Seismic Retrofit of Aviation Hangar 114, Irvine, CA Orchard Hills Park, Structural Design for Various Park Structures, Irvine, CA Woodbury Community Park, Structural Design of Park Structures, Irvine, CA Lower Peter Canyon Park, Structural Design of Park Structure, Irvine, CA Oak Creek Community Park, Structural Design of Park Structures, Irvine, CA Central RC Pool and Bathhouse Renovation, Los Angeles, CA Alpine Recreation Center Expansion, Structural Design to develop and construct a park, Los Angeles, CA Algin Sutton Pool Replacement, Structural Design Services for the new pool equipment building and new shade structure, Los Angeles, CA Granada Hills Pool, Structural Design for renovation of pool/bathhouse, Los Angeles, CA Madrona Marsh Nature Center Renovation, Torrance, CA Griffith Park Horticultural Learning Center Renovation, Los Angeles, CA Edward C. Little Water Recycling Facility Visitor Center Renovation, El Segundo, CA Laguna Woods Performing Arts Center, Structural Assessment and Design for rigging, Laguna Woods, CA Jordan Downs Housing, 250-units Public Housing, Los Angeles, CA 220 Peter Chen founded Spirit Engineering in 2007. Over the years, Mr. Chen has been heavily involved with diverse and challenging mechanical engineering design including the design of new buildings, renovation/rehabilitation of existing buildings, central plant design, cost estimating, peer review, and facility condition assessment services. In the past 24 years, Mr. Chen has designed numerous county facilities in Southern California. He is responsible for mechanical/plumbing designs, as well as project management of new Los Angeles County Parks and Recreations Projects. He performs computer building modeling for heating and cooling loads, energy profiles and costs, and Title 24 certification. He is also highly accomplished in Cad and BIM, particularly the latest versions of AutoCAD and REVIT. Mr. Chen is also a LEED Accredited Professional in energy-efficient and environmentally-sustainable building design. Mr. Chen is intimately familiar with Los Angeles County requirements, submission and review processes. Mr. Chen is actively involved in the Orange Empire Chapter of ASHRAE, as well as the Orange County chapter of US Green Building Council. Related Recent Project Experience: Virginia Robinson Gardens HVAC and Electrical Upgrades Project. – Los Angeles County Parks and Recreation. Pamela Park Community Building Addition Project. – Los Angeles County Parks and Recreation. Michillinda Park Restroom Renovation and Site Improvement Project. – Los Angeles County Parks and Recreation. Agoura Animal Care Center New Open Air Horse Barn Project. – Los Angeles County Parks and Recreation. Bonelli Equestrian Center Project. – Los Angeles County Parks and Recreation. Dan Blocker Park General Improvements Project. Los Angeles County Beaches and Harbors. Willowbrook Senior Center ADA Improvement Project. – Los Angeles County Parks and Recreation. Crescenta Valley Skate Park ADA Restroom Project. – Los Angeles County Parks and Recreation. Stoneview Nature Center Design Review Project. – Los Angeles County Parks and Recreation. Veterans’ Memorial Regional County Park Administration Building Reconstruction Project. – Los Angeles County Parks and Recreation. Jacki Robinson, Pamela Park, and Loma Alta Gymnasium Project. – Los Angeles County Parks and Recreation. Sorenson County Park General Improvement Project. – Los Angeles County Parks and Recreation. Centro Maravilla Community Center Renovation Project. – Los Angeles Internal Services Department. Roosevelt Park Improvement Project. – Los Angeles County Parks and Recreation. La Mirada Park Project. – Los Angeles County Parks and Recreation. Mechanical / Plumbing Peter Chen Principal Firm: Spirit Engineering 15560-C Rockfield Blvd., Suite 204 Irvine, CA 92618 Telephone: (949) 232-5286 Email: spirit-eng@cox.net License: Mechanical P.E., California License # M 29734 LEED Accredited Professional Years of Prof. Experience: 24 Education: BSME University of California, Santa Barbara, 1990 221 Manzanita Park Project. – Los Angeles County Parks and Recreation. Salazar and Atlantic Parks Improvement Projects. – Los Angeles County Parks and Recreation. Irvine Regional Park Restroom Building Replacement Project. – County of Orange RDMD. Mile Square Regional Park Restroom Buildings Renovation and Group Shelter Building Addition Project. – County of Orange RDMD. O’Neill Regional Park Restroom Building Replacement Project. – County of Orange RDMD. La Puente Library HVAC Renovation. – Los Angeles Internal Services Department. Leland Weaver Library HVAC Renovation. – Los Angeles Internal Services Department. Lancaster Library HVAC Renovation. – Los Angeles Internal Services Department. New South Whittier Library. – County of Los Angeles Public Library. New Los Nietos Library. – County of Los Angeles Public Library. La Mirada Library Renovation. – County of Los Angeles Public Library. Temple City Library Renovation. – County of Los Angeles Public Library. 222 Shervin Khazra, PE ELECTRICAL PROJECT ENGINEER 22855 PAUL REVERE DR. CALABASAS, CA 91302 TEL 310-753-8923 SKHAZRA@ KHAZRAINC.COM PE CALIFORNIA #E-13429 PE WASHINGTON 35454 BS EE; 1978 - UNIVERSITY OF LOUISVILLE, LOUISVILLE, KENTUCKY MBA -:1981 - UNITED STATES INTERNATIONAL UNIVERSITY, SAN DIEGO, CALIFORNIA I have been involved in design of electrical systems since 1977. My experience includes complete responsibility from pre-proposal phase, to close out of construction for electrical projects such as hospitals, telecommunication Central Offices & data centers for GTE, Pacific Bell, AT & T , Verizon, universities , LAUSD K-1 thru 12 schools , high & low rise office buildings, detention centers, Sheriff Stations, sports and, park facilities. These projects include electrical engineering for new & retrofit projects, retrofit projects for upgrade / replacement of main service switchboards, cogeneration, UPS, stand-by & emergency generators, upgrade of grounding systems for telecommunication facilities, indoor/outdoor lighting, power distribution, complete fire alarm, CCTV, CATV, public address, intrusion detection, intercom, computer network backbone & wiring, telephone, energy management, clock, nurses call, code blue, and temporar y power systems. I have served as an Electrical Project Engineer as well as Prime Project Manager. Several of the projects have been recognized for their sustainable design elements, meeting the stringent requirements of Leadership in Energy and Environmental Design (LEED), the Collaborative for High Performance Schools (CHPS). Through my work as Prime Project Manager, I have gained extensive awareness of the integrations required between mechanical, structural and architectural systems as well as the prerequisites for a successful project through plan check, construction and commissioning. EXPERIENCE E.R. Ronald & associates Inc., - MEP Louisville, Kentucky Co –Op Student: Two semester internship in design, drafting, field survey of commercial & institutional facilities. Van Buren Associates (former LSWB Engineers) - MEP/Civil San Diego, CA October 1978 to May 1979. Electrical design, and cost estimating of high voltage distribution systems for major US naval facilities. 223 page 23 UNDERSTANDING: Orange County is expected to experience its’ seventh consecu ve year of job growth this year with Hun ngton Beach posi oned favorable for increased tourism and retail sales – both integral parts of the Hun ngton Beach economy. Opening new and renovated hotels, shopping centers and auto dealerships are major accomplishments. But maintaining and enhancing the City’s Quality of Life is also important and requires a public sector response to growth and the aging of infrastructure. We have assembled a talented and experienced team for the mix of Special Revenue and Enterprise Revenue Capital Improvement Projects an cipated in the coming three years. Pacifi c Rim Architects will be the lead designer responsible for the overall design direc on and management of these projects. Our team of sub-consultants was selected for their relevant qualifi ca ons and stellar reputa on. THE PROCESS: Our work begins with open, eff ec ve communica on leading to the crea on of a Project Criteria with inherent principles that will be used to evaluate the success of the design. Following the establishment of the Project Criteria, we will perform a detailed assessment of the physical condi ons to understand. By comparing the facility condi ons we observe to the Project Criteria, certain opportuni es and constraints begin to emerge. Pushing that UNDERSTANDING AND METHODOLOGY process a bit further, we begin to look for construc on and opera onal effi ciencies, synergis c rela onships, and advantages. Those op ons are then presented so that the City can make informed decision making. FOCUS ON QUALITY: At a certain point in me, our w ork will become quite technical as we prepare construc on documents for permit approval and bidding. In addi on to being prepared appropriately for a public bidding environment, those documents must also be clear in their expecta ons of the builder. To do that, we implement a Quality Assurance Program which delivers a high level of completeness, accuracy, clarity and coordina on between disciplines. But the process goes beyond a paper review and extends to iden fying project- related risks that may need to be mi gated and ease of construc on or constructability. INNOVATION: One of the ini a ves we are currently working on is an end to homelessness in Los Angeles. There are a number of projects that share the same aggressive Project Criteria to move 1,000 people into publicly-funded transi onal housing as rapidly as possible. One could try to erect lots of apartment buildings but that process is slow. So, we’re doing adap ve re-use of exis ng facili es and new construc on where it’s available. But feeding the new residents is the biggest challenge. Instead of trying to build hundreds of new kitchens throughout the County, we’re designing a central commissary kitchen with a fl eet of delivery vans that will provide daily deliver of meals to warming kitchens at each site. But the central commissary kitchen also has the opportunity for dual purpose by also serving as a FEMA disaster-ready food shelter. 224 225 226 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Engineering support for City’s annual Capital Improvement Program projects. VENDOR: IDS Group, Inc. OVERALL RANKING: 1 out of 18 SUBJECT MATTER EXPERTS/RATERS: 1. Maintenance Operations Manager 2. Admin Analyst Senior 3. General Services Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 85.7 IDS Group – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity 8.7 10 Qualifications and experience of Firm, key individuals and sub- consultants. 24 25 Staffing 24.3 25 Understanding & Methodology 13.7 15 References 10 10 Local Vendor Preference 5 5 Interview (Optional) - 15 Total 85.7 105 II. DUE DILIGENCE REVIEW • Clients such as the City of Irvine, City of La Palma, and John Wayne Airport, to name a few IDS Group – Summary of Review • IDS Group’s sample projects are relevant to city needs • The company has a wide range of experienced staff IDS Group – Pricing • Low end from $55/Hr for Office Administration • High end to $190/Hr for Principal 227 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Engineering support for City’s annual Capital Improvement Program projects. VENDOR: Westberg+White Architecture OVERALL RANKING: 2 out of 18 SUBJECT MATTER EXPERTS/RATERS: 1. Maintenance Operations Manager 2. Admin Analyst Senior 3. General Services Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 84.3 Westberg+White Architecture – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity 7.3 10 Qualifications and experience of Firm, key individuals and sub- consultants. 24 25 Staffing 24 25 Understanding & Methodology 14 15 References 10 10 Local Vendor Preference 5 5 Interview (Optional) - 15 Total 84.3 105 II. DUE DILIGENCE REVIEW • Clients such as Golden West College, Citrus Community College, and Rancho Santiago Community College, to name a few Westberg+White Architecture – Summary of Review • Westberg+White Architecture staff has relevant experience in government-related projects Westberg+White Architecture – Pricing • Low end from $70/Hr for Administrative Support • High end to $215/Hr for Partner/Principal 228 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architectural Engineering SERVICE DESCRIPTION: Engineering support for City’s annual Capital Improvement Program projects. VENDOR: Pacific Rim Architecture OVERALL RANKING: 3 out of 18 SUBJECT MATTER EXPERTS/RATERS: 1. Maintenance Operations Manager 2. Admin Analyst Senior 3. General Services Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 81 Pacific Rim Architecture – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity 8.7 10 Qualifications and experience of Firm, key individuals and sub- consultants. 23.3 25 Staffing 22.7 25 Understanding & Methodology 14.3 15 References 7 10 Local Vendor Preference 5 5 Interview (Optional) - 15 Total 81 105 II. DUE DILIGENCE REVIEW • Clients such as the City of Los Angeles, Pacific Lutheran University, and County of Los Angeles, to name a few Pacific Rim Architecture – Summary of Review • Pacific Rim Architecture had a clear proposal with concise methodology • Sample projects similar to city of Huntington Beach needs Pacific Rim Architecture – Pricing • Low end from $75/Hr for Administrative/Clerical • High end to $210/Hr for Principal (Architecture/Structural/Civil) 229 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Architecture & Engineering SERVICE DESCRIPTION: Engineering support for City’s annual Capital Improvement Program projects. VENDOR: Vendor #4 OVERALL RANKING: 4 out of 18 SUBJECT MATTER EXPERTS/RATERS: 1. Maintenance Operations Manager 2. Admin Analyst Senior 3. General Services Manager I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: Avg. of 79.3 Vendor #4 – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Proposal Clarity 8.3 10 Qualifications and experience of Firm, key individuals and sub- consultants. 23.7 25 Staffing 22.7 25 Understanding & Methodology 12.7 15 References 7 10 Local Vendor Preference 5 5 Interview (Optional) - 15 Total 79.3 105 II. DUE DILIGENCE REVIEW Clients such as the County of Orange, City of Ontario, and Whittier Law School, to name a few VENDOR #4 – Summary of Review Vendor #4 proposal was comprehensive and clearly stated experience and relevant projects Well suited for small city projects VENDOR #4 – Pricing Low end from $65/Hr for Administrative Support High end to $200/Hr for Principal Architect 230 City of Huntington Beach File #:18-182 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Jane James, Interim Director of Community Development Subject: Accept corrections to the Windward Specific Plan by Re-adopting Resolution No. 2017-18 with amended Exhibit D, and Resolution No. 2017-19 with amended Exhibit B Statement of Issue: On May 21, 2018, the City Council held a public hearing and approved the Windward Residential and Open Space project by adopting various resolutions and ordinances for General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16-004, Local Coastal Program Amendment No. 16-002 and Development Agreement No. 16-001. Subsequent to City Council’s approval, staff realized that Exhibits B and D to the Zoning Text Amendment and Local Coastal Program Amendment resolutions, was the incorrect version of the document and did not include revisions made by the Coastal Commission staff. Therefore, staff is requesting that the City Council re-adopt the Zoning Text Amendment and Local Coastal Program Amendment resolutions with the correct exhibits attached. The correct exhibits contain the Coastal Commission revisions that were inadvertently omitted. Financial Impact: Not Applicable. Recommended Action: Re-adopt Resolution Nos. 2017-18 (Local Coastal Program Amendment No. 16-002) and 2017-19 (Zoning Text Amendment No. 16-004) with amended Exhibits D and B, respectively. Alternative Action(s): Do not re-adopt Resolution Nos. 2017-18 and 2017-19 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant/ Property Owner: Ed Mountford, Signal Landmark, 27271 Las Ramblas, Suite 100, Mission Viejo, CA 92691 Location: 17202 Bolsa Chica Street, 92649 (SEC of Bolsa Chica Street and Los Patos Avenue) On May 21, 2018, the City Council held a public hearing and approved the Windward Residential and City of Huntington Beach Printed on 7/11/2018Page 1 of 3 powered by Legistar™231 File #:18-182 MEETING DATE:7/16/2018 On May 21, 2018, the City Council held a public hearing and approved the Windward Residential and Open Space project, which included approval of Mitigated Negative Declaration No. 16-003, General Plan Amendment No. 16-002, Zoning Map Amendment No. 16-003, Zoning Text Amendment No. 16- 004, Local Coastal Program Amendment No. 16-002 and Development Agreement No. 16-001. Zoning Text Amendment No. 16-004 and Local Coastal Program Amendment No. 16-002 included the Windward Specific Plan, which was attached as an exhibit to the City Council Resolutions approving the amendments. These entitlements,along with a Tentative Tract Map and Conditional Use Permit approved by the Planning Commission in June 2017, would allow for the re-designation of the 5-acre Windward property for development of 36 for-sale townhomes on 2.5 acres and require the preservation of the remaining 2.5 acres on the Windward property, along with the 6.2-acre Goodell property (immediately south of the Windward property), for open space and resource conservation purposes. Because the City Council approved a Local Coastal Program Amendment (LCPA) for the project, the City is required to submit the LCPA to the Coastal Commission and obtain certification of the LCPA in order for the project entitlements to become effective. Prior to the May 21, 2018 City Council public hearing on the project, staff and the applicant submitted the draft Land Use Plan/Coastal Element amendment, the Windward Specific Plan, and the Development Agreement to Coastal Commission staff for review, and incorporated their comments into the documents that were considered by the City Council. Upon submittal of the LCPA application to the Coastal Commission, staff realized that several sections in Chapters one through four of the Windward Specific Plan were the wrong version. The attached ZTA and LCPA resolutions contain the correct version of the Windward Specific Plan reflecting the Coastal Commission’s edits. B. STAFF ANALYSIS AND RECOMMENDATION Staff is recommending that the City Council re-adopt the ZTA and LCPA with the resolution exhibits that were inadvertently omitted by the City Council action at the May 21, 2018 City Council meeting. As discussed in the May 21, 2018 City Council RCA, the Windward Specific Plan intended to incorporate Coastal Commission staff’s comments. Environmental Status: On May 21, 2018 the City Council adopted Mitigated Negative Declaration No. 16-003, which analyzed the potential environmental effects of the project, including the Windward Specific Plan, legislative amendments, the development agreement and project construction. Re-adoption of the resolutions for Zoning Text Amendment No. 16-004 and Local Coastal Program Amendment No. 16- 002 in order to incorporate comments from the Coastal Commission staff that were inadvertently omitted from the initially adopted resolution exhibits (i.e. - the Windward Specific Plan) are covered by Mitigated Negative Declaration No. 16-003. None of the revisions would change the approved project or result in substantive changes to the adopted development standards or terms of the development agreement such that new or different environmental effects would occur. Therefore, pursuant to Section 15162 of the CEQA Guidelines, no further environmental documentation is required. Strategic Plan Goal: Improve quality of life City of Huntington Beach Printed on 7/11/2018Page 2 of 3 powered by Legistar™232 File #:18-182 MEETING DATE:7/16/2018 Attachment(s): 1. Resolution No. 2017-18 for Local Coastal Program Amendment No. 16-002 with amended Exhibit D. 2. Resolution No. 2017-19 for Zoning Text Amendment No. 16-004 with amended Exhibit B. City of Huntington Beach Printed on 7/11/2018Page 3 of 3 powered by Legistar™233 234 235 236 237 Exhibit C Amended Local Coastal Program Text and Figures (in addition to Exhibit B) 238 Los Patos Ave. OS-PBolsa Chica St.Brightwater Dr. RM-15 CITY OF HUNTINGTON BEACH COASTAL ELEMENT WINDWARDLAND USE PLAN C-6bFIGURENORTHOS-P Open Space-Parks LEGEND RESIDENTIAL OPEN SPACE RM-15 Residential Medium Density 239 COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles 4K Design and Development 5) within the southern grove ESHA buffer only – a water quality Natural Treatment System may be allowed so long as it is located in an area that is most protective of coastal resources and at least 246 feet from the ESHA. 6) In addition to the required ESHA buffer described above, grading shall be prohibited within 500 feet of an occupied raptor nest during the breeding season (considered to be from February 15 through August 31); C. Habitat Management Plan shall be prepared for all areas designated Open Space-Conservation which shall include restoration and enhancement of delineated wetlands, wetland and habitat mitigation, and establishment of appropriate buffers from development. D. Protective Fencing: Protective fencing or barriers shall be installed along any interface with developed areas, to deter human and pet entrance into all restored and preserved wetland and ESHA buffer areas. 4L Reserved for Sunset Beach 4M Windward Permitted Uses Category: Residential (RM) and Open Space – Park (OS-P) and Open Space – Conservation uses pursuant to the Windward Specific Plan (SP 16) (continue on next page) Density/Intensity 15 du/acre maximum Design and Development The property is subject to the Windward Specific Plan and consists of approximately five acres located southeast of the intersection of Bolsa Chica and Los Patos. Figure C-6b identifies a portion of the Windward Property as the “Windward Residential Parcel” and the remainder as the “Windward Open Space Parcel.” The Windward Property is adjacent to a parcel of land located within the County of Orange and not subject to regulation by the City which is commonly known as the “Goodell Property.” The purpose of the Windward Specific Plan is to provide a comprehensive planning program to direct the development of the residential and, through preservation, open space areas within the Windward Property. 240 COMMUNITY DISTRICT AND SUBAREA SCHEDULE TABLE C-2 (continued) Subarea Characteristic Standards and Principles 4M Design and Development The Specific Plan provides contingencies that, even after the LCPA for the Windward Property has (i) been certified, (ii) become effective, and (iii) become final, the LCPA’s residential land use designation for the Windward Residential Parcel shall not become operative unless and until both the Windward Open Space Parcel and the Goodell Parcel have been deed restricted to open space and resource conservation uses and either conveyed or offered for conveyance to a public agency or a non-profit organization approved by the City. The prerequisites, terms, and conditions relevant to these actions are set forth in the Specific Plan and Development Agreement. In the event the Windward Specific Plan does not become operative as described in that document, the uses permitted in subsection 4-M shall be limited to Open Space-Parks and/or Open Space-Conservation uses. 8 Commercial Nodes Area wide Functional Role Maintain and establish commercial centers to serve surrounding residential neighborhoods and the greater community. 8A Community Commercial Permitted Uses Category: Commercial General (“CG”) Commercial uses permitted by the “CG” land use category. Density/Intensity Category: “-F1” Height: two (2) stories Design and Development Design to achieve a high level of quality in conformance with Policy LU 10.1.4. and Policy LU 10.1.12 8B Neighbor- hood Commercial Permitted Uses Category: Commercial Neighborhood (“CN”) Commercial uses permitted by the “CN” land use category. Density/Intensity Category: “-F1” Height: two (2) stories Design and Development Design to achieve a high level of quality in conformance with Policy LU 10.1. 10 241 4M242 Exhibit D Zoning Text Amendment No. 16-004 243 Specific Plan SP 16 City of Huntington Beach May 2018 244 SP 16 WINDWARD SPECIFIC PLAN City of Huntington Beach Adopted by City Council on ______ (CC Resolution #__) Certified by California Coastal Commission on _______ SUBMITTED TO: CITY OF HUNTINGTON BEACH Planning Department 2000 Main Street Huntington Beach, CA 92648 PREPARED BY: FORMA Coastal Planning and Documentation 3050 Pullman Street Costa Mesa, CA 92626 May 2018 245 1 INTRODUCTION 1.1 Location and Existing Conditions ................................................................................ 1-1 1.2 Project Area Background ............................................................................................ 1-1 1.3 Summary of Land Use Plan and Zoning Designations ................................................. 1-7 1.4 Authority and Scope for Specific Plan ....................................................................... 1-11 1.5 Purpose and Intent .................................................................................................... 1-11 1.6 Objectives of the Windward Specific Plan ................................................................ 1-12 1.7 General Plan Consistency .......................................................................................... 1-13 2 DEVELOPMENT PLAN 2.1 Land Use Plan .............................................................................................................. 2-1 2.2 Residential Development ............................................................................................ 2-2 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent ...................................................................................................... 3-1 3.2 Applicability ................................................................................................................. 3-1 3.3 Windward Residential Parcel Development Standards .............................................. 3-1 3.4 General Regulations: Windward Residential Parcel .................................................. 3-5 3.5 Windward Open Space Parcel Development Standards ............................................. 3-9 3.6 City Property Open Space Improvements................................................................. 3-10 3.7 Compliance with Mitigation Measures ..................................................................... 3-11 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses .......................................... 4-1 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property ................................................................... 4-4 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary ..................................................................................................................... 5-1 5.2 Key Definitions ............................................................................................................ 5-1 5.3 Required Approvals ..................................................................................................... 5-1 5.4 Conditions Precedent to Required Approvals Becoming “Operative” ....................... 5-3 5.5 Development Agreement No. 16-001 ......................................................................... 5-5 5.6 Enforcement of the Specific Plan/LCPA ...................................................................... 5-5 5.7 Methods and Procedures ............................................................................................ 5-5 5.8 Maintenance Mechanisms .......................................................................................... 5-6 6 APPENDICES 6.1 Architectural Character ............................................................................................... 6-1 6.2 Residential Landscape Design Concept ....................................................................... 6-3 6.3 Infrastructure ............................................................................................................ 6-26 6.4 Adopted Mitigation Measures .................................................................................. 6-34 Attachment A – Ridge Settlement (Under Separate Cover) Attachment B – Consent and Restoration Orders (Under Separate Cover) 246 1 INTRODUCTION 1-1 Vicinity Map ..................................................................................................................... 1-2 1-2 Aerial Photograph ............................................................................................................ 1-3 1-3 Existing and Proposed Land Use Plan Designations ........................................................ 1-9 1-4 Existing and Proposed Zoning Map Designations .......................................................... 1-10 2 DEVELOPMENT PLAN 2-1 Land Use Plan ................................................................................................................... 2-3 2-2 Illustrative Site Plan ......................................................................................................... 2-4 3 DEVELOPMENT STANDARDS 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4-1 Open Space and Resource Conservation Plan ................................................................. 4-6 5 ADMINISTRATION AND IMPLEMENTATION 6 APPENDICES 6-1 Architectural Style ............................................................................................................ 6-2 6-2 Residential Landscape Plan .............................................................................................. 6-5 6-3 Community Signage ......................................................................................................... 6-6 6-4 Community Recreation Area Plan .................................................................................... 6-7 6-5 Wall and Fence Plan ......................................................................................................... 6-8 6-6 Wall and Fence Elevations ............................................................................................... 6-9 6-7 Trails Plan and Section ................................................................................................... 6-10 6-8 Public Access Signage Plan ............................................................................................. 6-11 6-9 Circulation Plan .............................................................................................................. 6-27 6-10 Common Vehicular Driveway Sections .......................................................................... 6-28 6-11 Grading Plan ................................................................................................................... 6-29 6-12 Cut and Fill Plan.............................................................................................................. 6-30 6-13 Storm Drain, Water, and Wastewater Plan ................................................................... 6-33 List of Tables 2 DEVELOPMENT PLAN 2-1 Land Use Summary Table ........................................................................................... 2-1 4 OPEN SPACE/PASSIVE PARK PLAN 4-1 Conceptual Open Space Native Plant Palette ............................................................ 4-3 6 APPENDICES 6-1 Residential Landscape Plant Palette ........................................................................ 6-12 247 1 INTRODUCTION 1.1 Location and Existing Conditions The Windward Specific Plan area (Specific Plan Area) is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue in the City of Huntington Beach (City) on what is commonly referred to as the Bolsa Chica Mesa (Exhibit 1-1, Vicinity Map). The Specific Plan Area encompasses approximately 5.3 acres of undeveloped land, of which, at the time of adoption of the Windward Specific Plan, approximately five acres (Windward Property) are privately owned by Signal Landmark (Signal) and 0.3-acres are owned by the City (City Property). The Specific Plan Area is square in shape, with the western half relatively flat (elevation 47 to 51 feet), while the center portion of the eastern half gently slopes down to the east to an elevation of approximately 36 feet. Historically, the Specific Plan Area was used almost exclusively for agricultural purposes, but from 2006 to 2011 the southwest corner of the Specific Plan Area was used as a storage and staging area for construction of the neighboring Brightwater Community. The Windward Property has not been used for construction staging since 2011 when the construction trailers and all but one of the storage containers were removed. The City Property is currently used as an informal trail by the public as a connector trail between the public trails of the Parkside property to the east of the Specific Plan Area and Bolsa Chica Street and the public trails of Brightwater and the Bolsa Chica Ecological Reserve to the west and south. Directly west of the site across Bolsa Chica Street is the Sandover neighborhood which is comprised of nineteen single family detached homes on 6,000 square foot lots. On the north are apartment and condominium complexes. To the east lies an open space/conservation area that is part of the Parkside project. On the south is an undeveloped 6.2-acre property located in unincorporated Orange County and owned (at the time of adoption of the Windward Specific Plan) by the Goodell Family Trust (Goodell Property). 1.2 Project Area Background 1.2.1 Zoning History The Windward Property has been owned by Signal or its predecessor company, Signal Oil, since the 1920s and is the last remnant of Signal’s once vast landholdings at Bolsa Chica. Originally in an unincorporated area of Orange County, the Windward Property was annexed into the City in 1970 as part of a ten-acre parcel that now contains the Sandover neighborhood. At the time it was annexed, both the City’s General Plan and Zoning Map land use designations for the Windward Property were for low density residential uses. 248 Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp.,NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand),MapmyIndia, © OpenStreetMap contributors, and the GIS UserCommunity Windward Specific Plan Vicinity Map May 201802,000 ftNCity of Huntington Beach Exhibit 1-1 PROJECTSITEkj 249 Windward Specific PlanAerial PhotographMay 20180300ftNBolsa Chica StreetCity of Huntington BeachExhibit 1-2Los Patos AvenueBrightwater DriveWINDWARDSPECIFIC PLANWarner AvenueBRIGHTWATER250 After the Coastal Act was enacted in 1976, the City submitted a proposed Land Use Plan to the Coastal Commission for certification. The Windward Property was designated as Open Space Recreation (subsequently changed to Open Space-Park) on the City’s Land Use Plan, which was certified by the Coastal Commission in 1982. In 1984, the City re-zoned the property to Residential Agricultural (RA) to reflect the agricultural uses on the Windward site at the time and determined that the RA zoning was consistent with the Open Space-Park land use designation. A massive housing and marina development once proposed for Bolsa Chica never occurred. Instead, much of the Bolsa Chica property was set aside as open space, including a large restored wetland area in the lowland, and a mix of open space and residential uses on the Bolsa Chica Mesa. In 1999, the City approved the development of single family homes on the five-acre site at the southwest corner of Los Patos and Bolsa Chica Street, known as the “Sandover” project. At that time, Signal dedicated to the City the City Property, a 13,350 square foot strip of land at the southeast corner Bolsa Chica Street and Los Patos Avenue, for open space-park uses. No other public open space was provided with the Sandover project, a private, locked gate residential community. The City Property is currently undeveloped and used informally by the public as a connector trail between the Parkside property’s public trails and amenities to the east of the Specific Plan Area and Bolsa Chica Street and the public trails and amenities to the west and south. In 2005, the County and the Coastal Commission approved a 349 single family home development with public trails and amenities on 68 acres of the Bolsa Chica Mesa known as Brightwater, adjacent to Sandover. 1.2.2 The Ridge Project In 2008, Signal proposed a General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) to permit the construction of 22 single family homes on the Windward Property and construction of a trail on the City Property previously dedicated to the City in conjunction with the City’s approval of the Sandover development. The project, then known as The Ridge, was approved by the City in 2010. In approving the entitlements for the project, the City indicated that the change in land use from Open Space/Park to Low Density Residential was appropriate because it had no plans to acquire the Windward Property for public recreation purposes. The Ridge project entitlements included a General Plan Amendment, Local Coastal Program Amendment, a zone change from Residential Agricultural (RA) to Low Density Residential, and a subdivision map. To comply with CEQA, the City adopted a Mitigated Negative Declaration (MND) for the proposed project. Because the 251 Windward Property lies within the Coastal Zone, the California Coastal Commission (CCC) must approve any amendments to the City’s Local Coastal Program (LCP). Therefore, the City submitted the LCP Amendment to the Coastal Commission for approval. In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City’s approval of the MND, claiming that the City should have prepared an Environmental Impact Report (EIR), rather than approving a MND. The CEQA litigation was stayed pending the outcome of the Coastal Commission’s decision on the project. In June 2014, the City withdrew the LCP Amendment from consideration by the CCC. In an effort to resolve the pending CEQA litigation, Signal, the City, and the Bolsa Chica Land Trust agreed to enter into facilitated settlement discussions. In April 2016, after nearly fifteen months of discussions, the three parties successfully negotiated a settlement (Settlement, Attachment A). In addition to resolving the litigation, the Settlement would bring closure to the decades-long controversy regarding development of Bolsa Chica by providing a viable path to resolving the land use of the last privately-owned land at Bolsa Chica for which future land use remained uncertain. In addition to the Windward Property, the Settlement also addresses the potential for the Windward property owner to deed restrict the Goodell Property to open space and resource conservation uses. At the time of approval of the Windward Specific Plan, Signal holds an option to acquire the Goodell Property (Goodell Option). The Goodell Property is currently an unincorporated County “island” surrounded by land under the City’s jurisdiction. The Goodell Property is zoned for medium low density residential (6.5 – 12.5 du/ac) by the County. In 2009, in anticipation of annexing the Goodell Property, the City pre-zoned 3.2 acres of the Goodell Property adjacent to Bolsa Chica Street for low density residential, 2.0 acres as Open-Space Parks, and one acre as Coastal Conservation. These designations were not certified by the California Coastal Commission (as any annexation of the Goodell Property by the City would have required an LCP amendment). Since the Goodell Property is not in the City and is not subject to regulation by the City, Signal is not legally obligated to restrict use of the Goodell Property through the Windward Specific Plan. Nonetheless, as an integral part of the Settlement, the Goodell Property is incorporated within the Windward Specific Plan to facilitate protection of the approximately 2.5-acre easterly portion of the 252 Windward Property (Windward Open Space Parcel 1) and the Goodell Property together as part of an 8.7-acre open space and resource conservation area under one of the two alternate, but parallel, approaches to the future use of the Windward Property contemplated by the Settlement and set forth in this Specific Plan. Any conveyance of and use restrictions imposed on the Goodell Property as described in the Windward Specific Plan are voluntary on the part of the owner of the Windward Property (Windward Owner) for the purpose of effectuating the Settlement and not the result of regulations imposed on the Goodell Property by either the City or, if the Windward Specific Plan is incorporated into the City’s certified Local Coastal Program, the Coastal Commission. However, without implementation of one of the two alternatives for the Goodell Property described in Section 5.2.1b of this Specific Plan, this Windward Specific Plan becomes moot and the land use designation Open Space Parks and zoning Residential Agriculture remain the certified LCP land use designation and zoning on the Windward site. 1.2.3 The Settlement’s Two Alternative Approach Acquisition Alternative – The Settlement provides an opportunity to preserve both the entire Windward Property and the Goodell Property for open space and conservation uses (Acquisition Alternative). Pursuant to the Settlement, Signal independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase by TPL of both the entire Windward and Goodell Properties (TPL Option). Founded in 1972, TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non-governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. The TPL Option grants TPL an eighteen-month period (commencing in April 2016) in which to raise funds to purchase both the entire Windward and Goodell Properties. The TPL Option will expire in October 2017, unless extended. The purchase price has been determined by an independent third party appraisal. Signal is cooperating with TPL in pursuit of the Acquisition Alternative. If the Acquisition Alternative is successful and becomes effective, this Specific Plan will not be effective and will be moot. Development Alternative – Because it is unknown whether or not the Acquisition Alternative will be successful, the Settlement allows Signal to pursue 1 The approximately five-acre Windward Parcel is a single legal parcel, but in the event the Development Alternative is exercised the developer will need to pursue a subdivision of the Windward Parcel in compliance with the Specific Plan Implementation Measures (Ch. 5) and the Subdivision Map Act to create the Windward Residential and Windward Open Space Parcels. 253 – concurrently with TPL’s pursuit of acquisition funds to exercise the Acquisition Alternative (TPL Option) – entitlements for residential development on the approximately 2.5-acre westerly portion of the Windward Property adjacent to Bolsa Chica Street (Windward Residential Parcel), only when the Windward Open Space Parcel and the Goodell Property have been restricted and conveyed for open space and resource conservation uses only (Development Alternative). Consistent with the Settlement, the Windward Specific Plan will designate the Windward Residential Parcel for medium density residential use, with the implementation of that use subject to and allowed only with the implementation measures set forth in Chapter 5 of the Windward Specific Plan (Implementation Measures). The Windward Open Space Parcel (i.e., the remaining easterly 2.5 acres of the Windward Property) will be land use designated Open Space – Park upon exercise of the Development Alternative. Taken together, the Implementation Measures shall ensure that prior to issuance of a coastal development permit and any grading permit(s) for the Windward Residential Parcel, the following actions must occur: • Deed restrictions limiting the Windward Open Space Parcel and the Goodell Property (upon exercise of the Goodell Option) to open space and resource conservation uses must be executed and recorded. • An irrevocable offer to dedicate the Windward Open Space Parcel to an approved public agency or a conveyance of fee title of the Windward Open Space Parcel to an approved qualified nonprofit entity such as the Bolsa Chica Land Trust (BCLT) or another accredited, approved qualified nonprofit entity must be executed and recorded. The offer or conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses. • An irrevocable offer to dedicate the Goodell Property (upon exercise of the Goodell Option) to an approved public agency or a conveyance of fee title of the Goodell Property to an approved qualified nonprofit entity such as the BCLT or another accredited land trust must be executed and recorded. The offer or conveyance must restrict the Goodell Property to open space and resource conservation uses. Since the Goodell Property is not in the City and is not subject to regulation by the City, Signal is not legally obligated to restrict use of the Goodell Property through the Windward Specific Plan. However, all parties to the Settlement have identified restriction of use of the Goodell Property (for which Signal holds an option to acquire) as partial consideration for effectuating the Settlement. Therefore, the proposed conveyance and/or restriction of the Goodell Property as proposed in this Settlement Agreement are a voluntary but necessary 254 1. Introduction May 2018 1-8 commitment by Signal in order to effectuate the Settlement. Chapter 5 further addresses these actions. 1.3 Summary of Land Use Plan and Zoning Designations The current land use designation for the Windward Property, as well as the City Property, in the City’s Local Coastal Program, as well as the General Plan, is Open Space ‐ Parks (OS‐P). The current zoning designation for the Windward Property, as well as the City Property, is Residential Agriculture (RA) with a Coastal Zone overlay (Exhibit 1‐3, Existing and Proposed Land Use Plan Designations, and Exhibit 1‐4, Existing and Proposed Zoning Map Designations). The Open Space ‐ Parks land use designation allows public parks and recreational facilities. The RA zoning allows agricultural uses, single family dwellings (one dwelling unit per five acres), nurseries and temporary uses such as storage yards. Upon effectiveness of the Implementation Measures required in Chapter 5 herein (following exercise of the Development Alternative), the land use designation for the Windward Residential Parcel in the LCP and General Plan would change to Residential Medium Density (RM) (as shown on Exhibit 1‐3,) and the Windward Open Space Parcel would be land use designated Open Space – Park he City Parcel would retain the current OS‐P land use designation. As shown on Exhibit 1‐4, the zoning for the entire Specific Plan Area will be SP (Specific Plan) with a Coastal Zone Overlay. 255 Windward Specific PlanExisting and ProposedLand Use DesignationsMay 2018City of Huntington BeachExhibit 1-3Warner AvenueBolsa Chica StreetLos PatosAvenueLEGENDResidential Medium Density (RM)Open Space - Park (OS-P)SandoverDrive0100ftNBolsa Chica StreetLos PatosAvenueLEGENDOpen Space - Park (OS-P)SandoverDriveOS-P5.3 AC.OS-P2.8 AC.RM2.5 AC.256 Windward Specific PlanExisting and ProposedZoning Map DesignationsMay 2018City of Huntington BeachExhibit 1-4Warner AvenueBolsa Chica StreetLos PatosAvenueLEGENDSpecific Plan (SP 16) with Coastal Zone OverlaySandoverDrive0100ftNBolsa Chica StreetLos PatosAvenueLEGENDResidential Agriculture withCoastal Zone OverlaySandoverDriveResidential Agriculture(Coastal Zone Overlay)SP 16(Coastal Zone Overlay)257 1.4 Authority and Scope for Windward Specific Plan The authority to prepare, adopt, and implement specific plans is granted to the City by the California Government Code (Title 7, Division 1 Chapter 3, Article 8, Sections 65450 through 65457). Specific plans are generally designed to: 1. Provide greater level of detail than a traditional zoning ordinance and to serve as a tool to tailor development policies and regulations to a particular site; 2. Provide more specific site development standards to create appropriate land use designations and design criteria that addresses project-specific issues; and 3. Provide decision makers with the opportunity to comprehensively review a land use plan in its entirety at the outset in order to consider land use compatibility, circulation, infrastructure and other issues related to development of a site. The Windward Specific Plan will be used by the City to implement the City’s Local Coastal Program and General Plan for the Windward Property. The Windward Specific Plan contains all the applicable land use regulations and thus constitutes the zoning ordinance for the Windward Property. The development standards contained in the Windward Specific Plan will take precedence over conflicting provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), unless otherwise noted. 1.5 Purpose and Intent The Windward Specific Plan is intended to provide a mechanism for resolving the litigation related to the site described previously, but more importantly to bring closure to the decades-long controversy regarding development of Bolsa Chica by providing a viable, two option (Acquisition Alternative and Development Alternative) path to resolving the land use of the last remaining properties at Bolsa Chica for which future land use remains uncertain. Further, the Specific Plan’s purpose and intend is to assure maximum protection of these sensitive lands, while acknowledging the private property owner’s limited, reasonable, investment backed expectations. Under the Acquisition Alternative, the Specific Plan provides measures to assure maximum preservation of the sensitive resources of both the entire Windward and Goodell Properties by assuring preservation of both as conservation open space in perpetuity. Under the Development Alternative, the Specific Plan will maximize preservation of sensitive resources by preserving the entire Goodell Property and half of the Windward property as conservation open space. The Development Alternative provides the City with a comprehensive planning program to direct the creation of proposed residential and open space areas contained within the Windward Property. Under the Development Alternative, the Windward Specific Plan provides a description of the land uses and restrictions, public facilities, circulation, infrastructure, 258 development standards, and implementation measures to ensure the Windward Property is developed in a manner consistent with protecting the sensitive resources of the site and surrounding area and with the City’s LCP and vision for the site. It also allows the City to consider a comprehensive planning approach for the open space and conservation uses at the site and in conjunction with the City Property and the neighboring Goodell Property. Under the Development Alternative, the regulations contained in the Windward Specific Plan ensure that development of the Windward Property is designed in concert with and to assure protection and continuance of the surrounding open space assets. The Development Alternative may only proceed in the event both the Goodell Property and the Windward Open Space Parcel are legally preserved as conservation open space in perpetuity. Because the Windward Property lies within the Coastal Zone, special consideration is given to fulfilling the objectives of the California Coastal Act as expressed in policies promulgated in the City’s Local Coastal Program and in the public access and recreation policies of Chapter 3 of the Coastal Act. In the case of the Windward Property, public access and resource protection – including both biological and cultural resources – are the two most relevant Coastal Act issues to be addressed. The Windward Specific Plan, along with a corresponding General Plan Amendment, will become effective after certification by the Coastal Commission as an amendment to the City’s Local Coastal Program (LCPA) and upon the filing of the required Notice of Certification with the Secretary of Resources as provided in Public Resources Code Section 21080.5(d)(2)(E). 1.6 Objectives of the Windward Specific Plan 1.6.1 Acquisition Alternative The Objective of the Windward Specific Plan Acquisition Alternative is to legally preserve the entirety of both the Windward Parcel and the Goodell Property as conservation open space in perpetuity. In addition, the Acquisition Alternative would implement the Ridge Settlement Agreement. 1.6.2 Development Alternative The Objective of the Windward Specific Plan Development Alternative, which can be implemented only after the Windward Open Space Parcel and the Goodell Property have both been legally preserved as conservation open space, is to: • Provide a comprehensive land use plan that creates the Windward Open Space Parcel (eastern 2.5 acres of the site) and the Windward Residential Parcel (western 2.5 acres of the site). Under the Development Alternative, the Windward Open Space Parcel is restricted to conservation uses only 259 (trail, public access and interpretive signage, bench, low trail fencing to protect habitat, and habitat restoration). Under the Development Alternative, the Specific Plan designates the location and intensity of land uses for the Windward Residential Parcel and conservation open space and public uses for the Windward Open Space Parcel and City Property. • Provide for limited residential development on a portion of the Windward Parcel (the Windward Residential Parcel) only after the Windward Open Space Parcel and the Goodell Property are legally preserved as open space conservation area in perpetuity. • Ensure compatibility with and protection and continuance of the sensitive biological and cultural resources and public access on to the Windward Property and surrounding land uses. • Implement the Ridge Litigation Settlement. • Provide housing opportunities in a location where housing is in high demand. • Provide public access by dedicating the Windward Parcel to an approved government agency or approved, qualified non-profit entity/organization, and creating public trail and amenities (bench, interpretive signage, habitat restoration) that allow the public to enjoy the open space while protecting resource conservation areas and allowing for public trail connections to surrounding public trails and amenities; and by improving existing public access on the City Property. • Design a residential community that promotes resource protection and maximizes open space by clustering development close to existing development. • Provide a mechanism whereby the Windward Specific Plan facilitates a comprehensive examination of the surrounding properties and consideration of future open space connections and passive public open space and resource conservation opportunities. • Establish development standards that prevent degradation of coastal resources and provide designs for open space that improve the current ecological value of the property. 1.7 General Plan (Coastal Element/Land Use Plan) Consistency The Windward Specific Plan will implement the following goals of the Huntington Beach General Plan (which includes the Coastal Element as the Land Use Plan component of its certified Local Coastal Program [Coastal Element Goals are identified below with the prefix C]): • LU4: Achieve and maintain high quality architecture, landscape and open spaces in the City; 260 • LU8: Achieve a pattern of land uses that preserves, enhances and establishes a distinct identity for the City's neighborhoods, corridors and centers; • LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical and social needs of existing and future residents of Huntington Beach; and • ERC1: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. • C1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. • C2: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. • C4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City’s coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. 261 2 DEVELOPMENT PLAN The Windward Development Plan is only applicable when and if the Goodell Property and Windward Open Space Parcel are legally preserved as open space in perpetuity as described in Chapter 5. The private residential development and related amenities described below may only be permitted after the open space preservation requirements have become effective. 2.1 Land Use Plan The Windward Land Use Plan, under the Development Alternative, is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres. Under the Development Alternative, the Windward Property is composed of the Windward Residential Parcel and the Windward Open Space Parcel. The Windward Property overlooks some of the lowland areas of Bolsa Chica owned by the State of California (CDFW BCER) to the south and the Parkside project open space area to the east. The site is across Bolsa Chica Street from the existing Sandover neighborhood at the intersection of Los Patos and Bolsa Chica Street and adjacent to apartments on the north. The Brightwater development, located approximately 300 feet from the Windward site, is south of Sandover and provides open space and public trails and amenities. Under the Development Alternative, the Windward Residential Parcel allows for a maximum of 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). The non-residential land uses designated for the Windward Open Space Parcel and City-owned Parcel are intended primarily for passive open space and resource conservation uses which are described in Chapter 4, Open Space and Resource Conservation. Table 2-1 Land Use Summary Table Parcel Land Use Acres 1 Housing Units Density Windward Residential Parcel Residential - Medium 2.5 36 14.4 du/ac Windward Open Space Parcel & City-owned Parcel Coastal Conservation 2.8 Not Applicable Not Applicable 1 Precise acreages are 2.50 acres of Residential – Medium and 2.76 acres of Coastal Conservation. Acres are rounded to 2.8 acres throughout the Windward Specific Plan and reflect 2.5 acres on the Windward Open Space Parcel and the 0.3-acre City-owned Parcel. 262 2.2 Residential Development As identified in Table 2-1, the Windward Specific Plan Development Alternative contains a Residential – Medium land use category providing for a maximum of 36 residential dwelling units on the Windward Residential Parcel. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the private recreation area, but outside the residential development area, at the southeast corner of Bolsa Chica Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing use, including public access signage. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendices. Development Standards are set forth in Chapter 3. 263 Coastal Conservation2.8 AC.Residential - Medium2.5 AC. Windward Specific Plan Land Use Plan May 20180100ftNBolsa Chica StreetCity of Huntington Beach Exhibit 2-1 Los PatosAvenue LEGEND Residential - Medium Coastal Conservation SandoverDrive 264 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 2-2 Illustrative Site Plan NORTH 0 100 ft 265 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent The purpose of this section is to provide specific development standards and regulations that will be applied to all new development permitted within the Windward Specific Plan Area. These regulations are intended to provide parameters in which a specific development proposal may be approved for the Windward Specific Plan Area which ensures consistency with applicable land use and zoning laws, including the Coastal Act. 3.2 Applicability The Windward Specific Plan shall be the zoning document for the Windward Specific Plan Area, which consists of the Windward Residential Parcel, the Windward Open Space Parcel, and the City Property, all as identified on Exhibit 2-2, Illustrative Site Plan. The Development Standards for the Windward Residential Parcel are set forth in Section 3.3 below. General Regulations for the Windward Residential Parcel are set forth in Section 3.4. The Development Standards for the Windward Open Space Parcel are set forth in Section 3.5. A general description of the open space improvements for the City Property is found in Section 3.6. Where there is a conflict between the provisions of the Windward Specific Plan and the HBZSO, the Windward Specific Plan shall apply. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. 3.3 Windward Residential Parcel Development Standards 3.3.1 Purpose A maximum of thirty-six residential dwelling units may be permitted on the approximately 2.5-acre Windward Residential Parcel, for an overall maximum density yield of approximately 14.4 dwelling units per acre. If ancillary or temporary uses are not proposed at the time a coastal development permit is sought for a primary use specified above, a coastal development permit amendment or new, separate coastal development permit may be required in accordance with the provisions of Chapter 245 of the HBZSO 3.3.2 Permitted Uses 1. Primary Uses. The following primary uses are permitted subject to issuance of a Conditional Use Permit and Coastal Development Permit from the Planning Commission 1 in accordance with the provisions of the this Specific Plan and the HBZSO, as either may be amended from time to time. 1 A coastal development permit approved in the Windward Specific Plan area is appealable to the Coastal Commission. 266 a. Residential duplexes; b. Single family detached homes; and c. Multi-family residential units. 2. Ancillary Uses. The following uses are permitted ancillary to the primary uses listed above: a. Community recreational amenities, including swimming pools, tot lots, fireplaces, barbecue area, and picnic facilities; and b. Accessory uses and buildings, subject to the provisions of Section 230.08 of the HBZSO. These uses include, but are not limited to, fencing 2, swimming pools, spas, therapy baths, water fountains, rock formations, freestanding barbecues and fireplaces, covered patios and decks, and detached accessory structures (such as non-commercial greenhouses, gazebos and storage sheds). 3. Temporary Uses. The following temporary uses are permitted subject to the provisions of the HBZSO: a. Home finder/sales center, including mobile homes or trailers, subject to Chapter 230 of the HBZSO; b. Model home complexes, subject to Chapter 230 of the HBZSO; c. Real estate signs relating to the sale, lease, or other disposition of real property on which the sign is located, subject to Chapter 233 of the HBZSO; and d. Other uses in conformance with Section 241.20 of the HBZSO. 3.3.3 Building Site Standards 1. Minimum Building Site Area – 2.5 acres. 2. Maximum Height of Individual Buildings a. Three (3) stories and 35 feet high. Roof decks and trellises shall not be considered a story. b. Building height is measured from finished floor to top of building. The finished floor elevation shall be a maximum of two (2) feet above the highest point of the curb adjacent to Bolsa Chica Street. 2 Fencing as described in Chapter 6, Appendices, Exhibit 6-5, Wall and Fence Plan, and Exhibit 6-6, Wall and Fence Elevations. 267 c. Roof deck trellises are permitted up to a maximum of ten (10) feet above the roof deck floor and shall meet the following criteria: 1) Setback a minimum of five (5) feet from the edge of the roof or adjacent unit; 2) No more than 150 square feet in area; 3) Open on three (3) sides; and 4) Lattice design only. d. Roof equipment, including but not limited to elevators, may exceed the maximum height by an additional ten (10) feet. 3. Minimum Setbacks of Individual Buildings a. Front Setback (Bolsa Chica Street Right of Way) – 15 feet. b. Side Setback (from City Property Open Space Lot) – 9 feet. c. Rear Setback (from Windward Open Space Parcel) – 13 feet. d. No setback from the first floor (upper story setback) is required for the second or third floor. 4. Minimum Distance Between Buildings – 10 feet 5. Maximum Cumulative Lot Coverage of all Individual Buildings – 50 percent of entire Windward Residential Parcel. 3.3.4 Open Space Requirements for the Windward Residential Parcel 1. Private Open Space a. Each dwelling unit shall have a minimum of 300 square feet of private open space. b. A maximum of 50 percent of the required private open space may be satisfied with usable roof deck area. Private balconies and ground floor open space (rear yards and private patios) shall make up the additional required private open space. c. Balconies shall have a horizontal rectangle shape which has a minimum dimension of six (6) feet. d. Ground floor open space, including rear yards, shall have a horizontal rectangle shape which has a minimum dimension of eight (8) feet. e. Roof decks shall have a horizontal rectangle shape which has a minimum dimension of ten (10) feet. 268 2. Common Open Space a. A common recreation area shall be provided for all residents which may include a pool, barbecue area, picnic area, seating area, or similar amenities. b. The common recreation area shall be a minimum of 3,800 square feet. 3.3.5 Parking Requirements 1. Enclosed Parking. Each residential unit shall have a minimum of two (2) enclosed spaces. 2. Guest Spaces. One (1) unenclosed guest space shall be provided within the development for each residential unit. Guest spaces shall not be assigned to individual residential units. 3.3.6 Affordable Housing Section 230.26 of the HBZSO requires that at least ten percent (10%) of all new residential construction shall be affordable units. The Windward Specific Plan provides 36 residential units. Therefore, the affordable housing requirement is 3.6 affordable units. Unless otherwise provided onsite, to satisfy this requirement, the City and the Windward Owner will enter into an agreement that provides for the payment of in lieu fees consistent with the City’s affordable housing fee program 3. 3.3.7 Prohibited Uses The following uses are prohibited on the Windward Residential Parcel: industrial uses; commercial uses, except home offices; billboards; signs which do not display information related to an activity, service, or commodity available on the premise as part of a home office use; and uses not expressly permitted in section 3.3.2. 3.3.8 Landscaping, Walls, and Fencing Landscaping, walls, and fencing within the Windward Residential Parcel shall be subject to the provisions established within Chapter 6, Appendices, of the Windward Specific Plan. The plant palette for the Windward Residential Parcel is derived from the Coastal Commission–approved plant palette for the neighboring Brightwater community. The goal of the Windward Residential Parcel plant palette includes assuring that plantings within the residential area will be compatible with the habitat values of the surrounding open space. Table 6-1, Residential Landscape Plant Palette, in Chapter 6 identifies both the plant species approved for use within the Windward Residential Parcel and those that are 3 Per Section 230.26 of the HBZSO any fractional amount may be paid with an equivalent in-lieu fee. 269 prohibited. Thirty-six-inch box trees required by Section 232.08.B of the HBZSO may be located in common or private open space areas. All perimeter fencing shall be consistent with the fencing described in Exhibit 6-5, Wall and Fence Plan, and Exhibit 6-6, Wall and Fence Elevations. 3.3.9 Signs and Outdoor Lighting All signs and outdoor lighting shall be in accordance with Chapters 232 and 233 of the HBZSO. Outdoor lighting shall adhere to “dark sky” regulations and be designed to provide adequate illumination of on-site areas without intruding upon surrounding properties or environmentally sensitive areas. 3.3.10 Utilities A residential development project shall be required to install adequate utility services necessary to serve the development. All utilities shall be placed underground in identified easements, excluding streetlights and electrical transmission 66kV or greater. Utility systems shall be designed to conserve the use of electrical energy and natural resources. Developers shall coordinate with electricity, telephone and cable television companies regarding energy conservation and proper planning, phasing and sizing of lines. 3.3.11 Home Occupations Home occupations shall be in accordance with Section 230.12 of the HBZSO. 3.3.12 Lots and Buildings Lots and buildings shall be as depicted on the approved Final Tract Maps and the final Project-Level Site Development Plan, as generally depicted on Exhibit 2-2, Illustrative Site Plan. In the case of discrepancies between this Chapter, the HBZSO, and/or the Tract Maps or Site Development Plan, the Tract Maps and Site Development Plan of the approved coastal development permit shall take precedence. Development reflected in the Windward Specific Plan, including the Subdivision Map, is subject to approval of a coastal development permit. 3.4 General Regulations: Windward Residential Parcel Except where otherwise provided in the Windward Specific Plan, the following general regulations shall apply to the Windward Residential Parcel: 3.4.1 Common Vehicular Driveways Common Vehicular Driveways within the Windward Residential Parcel as shown on Exhibit 6-9, Circulation Plan, shall be maintained by the Windward 270 Homeowners Association. All entry controls such as, but not limited to, gates, guardhouses, and guards are prohibited. 3.4.2 Walls and Fences 1. Walls and fences shall be constructed as shown on Exhibit 6-6, Wall and Fence Elevations. The use of glass or other transparent medium in the perimeter walls adjacent to the open space area shall be prohibited. 2. No walls, fences, or other devices designed to restrict or preclude public access to the surrounding public open space areas (including, but not limited to, the City Property, the Windward Open Space Parcel, the Goodell and the Parkside property) are allowed except those approved as part of the Windward Specific Plan as necessary to protect habitat areas. 3.4.3 Covenants, Conditions and Restrictions (CC&Rs) 1. Prior to approval of a coastal development permit for the Windward Residential Parcel development, the Covenants, Conditions and Restrictions (CC&Rs) described below shall be submitted to the approving authority for review and approval prior to their recordation and, once approved, subsequent to their recordation. 2. Prior to recordation of the final tract map and the issuance of the first building permit for the Windward Residential Parcel, Covenants, Conditions and Restrictions (CC&Rs) as approved under the coastal development permit for the development of the Windward Residential Parcel shall be recorded against the Windward Residential Parcel stating, among other things, that the approving authority has authorized development on the Windward Residential Parcel, subject to terms and conditions that restrict the use and enjoyment of the Windward Residential Parcel, including as restricted through a coastal development permit and acknowledging the restrictions and Homeowners Association’s responsibilities on the Windward Residential Parcel, the adjacent Windward Open Space Parcel and the City Property. 3. The CC&Rs shall reflect, either in their main text or in an exhibit, all conditions of the Conditional Use Permit and Coastal Development Permit applicable to the development of the Windward Residential Parcel. 4. At the time of submittal of a coastal development permit application for development of the Windward Residential Parcel and at least 90 days before City Council action on the final map subdividing the Windward Property into the Windward Residential and Open Space Parcels, the CC&Rs shall be submitted to the Departments of Community Development, Public Works, and Fire and the City Attorney’s office for review and approval. 271 5. The CC&Rs shall be binding upon and run with the Windward Residential Parcel and be included or incorporated by reference in every deed conveying the Windward Residential Parcel and/or a condominium interest within the Windward Residential Parcel. 6. The CC&Rs shall provide for maintenance, repair, and replacement by the Windward Homeowners Association of all HOA-owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, common vehicular driveways, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP’s, and private service utilities. The CC&Rs shall also include the plant palette provided in Table 6-1, Residential Landscape Plant Palette, of the Windward Specific Plan which identifies the approved and prohibited plant species for the Windward Residential Parcel. 7. The CC&Rs shall provide that, upon sale of 90%4 of the residential units, the responsibilities for the following shall transfer from the property owner/developer to the HOA. These responsibilities shall include maintenance of the habitat installed pursuant to the Habitat Management Plan as described in Section 3.7 herein, maintenance, repair, and replacement by the HOA of public access and interpretive signage, landscaping, irrigation, public trail, trail fencing, and bench in the Windward Open Space Parcel (as such development is reflected in Section 3.5 herein and on Exhibit 6-7, Trails Plan and Section, and Table 4-1, Conceptual Open Space Native Plant Palette, of the Windward Specific Plan) until the Windward Open Space Parcel is legally transferred to an approved governmental agency or to an approved, qualified non-profit organization. Prior to sale of 90% of the residential units, the property owner/developer shall be responsible for these activities within the Windward Open Space Parcel. 8. The CC&Rs shall provide that, upon sale of 90% of the residential units, the responsibilities for the following shall transfer from the property owner/developer to the HOA. These responsibilities include maintaining the public access trail, public access signage, trail fencing, and landscaping on the City Property (per Windward Specific Plan as reflected in Section 3.5 herein and on Exhibit 6-7, Trails Plan and Section, and Table 4-1, Conceptual Open Space Native Plant Palette). In addition, the CC&Rs shall provide that the HOA shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance including, but not limited to the landscaping, decomposed granite public access trail, public access signage, trail fencing, 4 90% of 36 units equals 32.4 units, which shall be rounded down to 32 units throughout this Specific Plan. 272 irrigation, and water quality and drainage features associated with the City Property. The Landscape Maintenance Agreement shall describe all aspects of maintenance, such as removal of trash, debris, and repair of silt buildup or erosion, removal/replacement of any dead, damaged vegetation, trimming and maintaining vegetation as necessary to assure that vegetation does not obscure or interfere with public use of the trail, or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. Prior to sale of 90% of the residential units, the property owner/developer shall be responsible for these activities within the City Property. 9. The CC&Rs shall provide that neither the residents of the Windward Residential Parcel nor the HOA shall interfere with public use of the public access trails within the City Property and/or the Windward Open Space Parcel or close off either or both for the exclusive use of the residents of the Windward Residential Parcel at any time. 10. The CC&Rs shall include the approved Domestic Animal Control Plan, Pesticide Management Plan, Landscape Maintenance Agreement, and the Project Information Packet described in Section 3.4.4 Resource Protection below. 3.4.4 Resource Protection Each of the following shall be submitted with the coastal development permit application as part of the submitted CC&Rs and, once approved and accepted, be included in the CC&Rs described above. 1. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering the Windward Open Space Parcel and/or any adjacent resource protection areas as defined in Section 216.04 of the HBZSO), including but not limited to, appropriate fencing and barrier plantings. The plan shall be approved by the Community Development Department (and all relevant approval authorities) and subsequently distributed to each homeowner. 2. A Pesticide Management Plan shall be prepared and subsequently distributed to each homeowner that, at a minimum, prohibits the use of rodenticides and prohibits the use of toxic pesticides and herbicides in outdoor areas, other than Vector Control conducted by the City, County, or Special District. 3. To ensure the continuance of habitat value and function of the adjacent Windward Open Space Parcel and all designated Environmentally Sensitive Habitat Areas in the vicinity, the developer shall provide any buyer of a housing unit within the project an Information Packet that explains the sensitivity of the natural habitats adjacent to the Windward Residential Parcel, the need to minimize impacts on the Windward Open Space Parcel and all resource 273 protection areas and designated Environmentally Sensitive Habitat areas in the vicinity, and the prohibition on the residential planting of exotic invasive plant species. The Information Packet shall include a copy of the approved plant palette and prohibited plant list, Domestic Animal Control Plan, and Pesticide Management Plan and shall be required to be distributed for all sales of housing units. The developer shall provide the City (and all approval authorities) with a copy of the information packet for review and approval. 3.5 Windward Open Space Parcel Development Standards Prior to the issuance of the first occupancy permit for a residential unit other than the first model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the Windward Open Space Parcel specified in Section 3.5.1. 3.5.1 Windward Open Space Parcel Improvements The public improvements for the Windward Open Space Parcel are described in Chapter 4, Open Space and Resource Conservation Plan, and include a decomposed granite trail, bench, trail fencing (as necessary to protect habitat, per Exhibit 6-7, Trails Plan and Section), public access directional signage and interpretive signage, and implementation of the approved Habitat Management Plan. The projector developer shall be responsible for maintaining all of these public improvements until sales of 90% of the Windward Residential units occurs, at which time the Windward HOA shall be responsible for maintaining all public improvements unless and until such time as the Windward Open Space Parcel is legally conveyed to an approved government agency or approved, qualified non- profit organization. a) Windward Open Space Parcel Signage 1. Trail Entrances. Signs shall be posted at the north and south entrances to the trail at Bolsa Chica Street directing the public to the trail heads as shown on Exhibit 6-8, Public Access Signage Plan. The north entrance to the trail at Bolsa Chica Street is located on the City Property. 2. Interpretive Sign. An interpretive sign shall be located along the trail within the Windward Open Space Parcel as shown on Exhibit 6-8, Public Access Signage Plan. The sign shall be consistent with Consent Cease and Desist Order No. CCC-12- CD-01 and Consent Restoration Order No. CCC-12-RO-01, both approved by the Coastal Commission on September 11, 2013 and shall include educational information about archaeological site CA ORA 86 and pre-historic and historical aspects of the Windward Open Space Parcel. 274 b) Windward Open Space Parcel Public Trail Windward Public Access Trail. Plans for the public access trail shall be submitted with the coastal development permit application for the Windward Residential Parcel. The trail shall be a minimum six (6) feet wide and shall connect to the public trail on the City Parcel to the north, then traverse southward across the Windward Open Space Parcel, then turn west along the southern side of the Windward site to connect to Bolsa Chica Street (as generally depicted on Exhibits 4-1, Open Space and Resource Conservation Plan, and 6-7, Trails Plan and Section). The trail shall be designed for future connection with public trail access on the Goodell Property. The plans for the trail and the trail itself shall include signage indicating public access and provide informational details about the entire coastal access path including length of the entire path to the Bolsa Chica Wetlands. c) Habitat Management Plan (HMP) A detailed Habitat Management Plan (HMP) describing and including, but not limited to, plant types, planting locations, success criteria, protection methods for the burrowing owl, and Southern tarplant, methods of maintenance and monitoring and reasoning for expected success of the HMP for the Windward Open Space Parcel shall be provided with the coastal development permit application for development of the Windward Residential Parcel. The HMP shall be compatible with the approved habitat of the adjacent Parkside Property and shall be compatible with and not interfere with existing and/or future habitat on the Goodell Property. The project developer shall be responsible for implementing and maintaining and monitoring the HMP. 3.6 City Property Open Space Improvements The public improvements for the City Property are described in Chapter 4, Open Space and Resource Conservation Plan, and shown on Exhibits 4-1, Open Space and Resource Conservation Plan, 6-7, Trails Plan and Section, and 6-8, Public Access Signage Plan. The City Property will serve as a trailhead to funnel pedestrians to and across the Windward Open Space Parcel as well as to connect with the Parkside Property public trails. Prior to the issuance of the first occupancy permit for a residential unit other than the first model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the City Property described in Chapter 4, including construction of the trail, signage, trail fencing, and landscape improvements. The property owner/developer shall be responsible for maintenance of these improvements until 90% of the residential units have been sold, at which time the Windward HOA shall assume responsibility for the maintenance of the City Property, as described in the CC&Rs. 275 3.7 Compliance with Mitigation Measures Consistent with the requirements of the City’s certified Local Coastal Program and with the Mitigation Measures from Negative Declaration No. 16-003, development of the Windward Residential Parcel shall comply with the following: A. Cultural/Archaeological Resources: 1. Prior to any development, the project developer shall retain a City-approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. The approved Archaeologist shall prepare an Archaeological Mitigation and Monitoring Plan (AMMP) to be submitted with the coastal development permit application. The AMMP shall: a. Specify that controlled archaeological grading shall occur across the entire Windward Specific Plan area where any project grading or earthwork of any kind will occur. All site grading, including archaeological grading, shall require approval of a coastal development permit and a City grading permit. The required archaeological grading shall occur prior to issuance of a precise grading permit for residential development of the project site. b. Controlled archaeological grading shall consist of using mechanized equipment where the upper soil layers are removed in approximately 2 centimeter depth increments by a mechanical scraper, under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas of individual swaths the width of the mechanical scraper blade in order to maximize the opportunity for discovery of cultural artifacts present on site. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. The depth at which archaeological grading may cease (when sterile soil is reached) shall be specifically defined and described in the AMMP. Controlled archaeological grading methods have been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa and are to be applied at the Windward site with the goal that, in the event any resources remain on-site, they will not be overlooked. c. Require that all controlled archaeological grading be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. d. Specify that, in consultation with the appropriate Native American(s) preservation in place is preferred when appropriate and feasible and shall describe the specific methods to be employed for recovery and/or 276 preservation in place of artifacts discovered during controlled archaeological grading or otherwise discovered at the site. e. Specify that the approved development footprint shall not constrain on- site preservation options. f. Describe the protocol for the mitigation of cultural resources discovered on-site through development of a Research Design Plan, to include, but is not limited to: i. The preference to preserve in place; ii. The procedure for determining when significance testing is or is not required; iii. Significance testing methods and procedures; iv. Laboratory analysis methods; v. Curatorial methods and requirements for archaeological finds that are approved to be removed from the site, including identification of an acceptable curatorial repository for all recovered materials approved for removal from the site. The AMMP Research Design Plan shall acknowledge and require that all curatorial fees shall be paid by the project developer. vi. Standards of reporting requirements. 2. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation-in-place plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. 3. If human remains are discovered during construction or any earth-moving activities, no further disturbance shall occur until the County Coroner has 277 made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in No. 4 below shall apply. 4. Require that all construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP Research Design Plan. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground-disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. B. Paleontology Resources Prior to the approval of the coastal development permit and any grading permit, the project developer shall provide written evidence to the City (or appropriate approval authority) that a City-approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. C. Southern Tarplant A qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during the peak blooming period for the year. The required Southern tarplant survey shall be submitted with the coastal development permit 278 3. Development Standards May 2018 3-14 application. If Southern tarplant is present on‐site, appropriate methods to protect it shall be considered as part of the coastal development permit review. At a minimum, any substantial occurrence (at least 500 mature individuals) shall be preserved on‐site or relocated to open space areas in the Bolsa Chica area. Preservation on‐site is preferred if appropriate and feasible. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist for review and approval of the permit issuing authority prior to issuance of any approved coastal development permit and implemented prior to the onset of construction. D. Burrowing Owl Focused burrowing owl surveys shall be conducted on the project site in accordance with the California Burrowing Owl Consortium (CBOC) and California Department of Fish and Wildlife (CDFW) established protocols. The survey(ies) shall be submitted with the coastal development permit application. If the surveys reveal evidence of active burrowing owl(s) presence on‐site, appropriate methods of protection shall be considered as part of the coastal development permit review. The following may be considered, but different and/or additional protection measures may be deemed appropriate depending upon the contents of the survey and actual conditions at the time of coastal development permit review. The approved development footprint shall not constrain on‐site active burrowing owl protection options. If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be increased based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell Property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat, but shall not be relied upon to provide the required 6.5 acres of foraging habitat. 279 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses The Windward Parcel property owner has requested adoption of the Windward Specific Plan to implement the open space and resource conservation vision of the Settlement. The zoning for the Windward Property is Specific Plan (SP-16 CZ), but within the Specific Plan the uses and restrictions of the certified LCP Implementation Plan (HBZSO) Chapter 216 Coastal Conservation District zone shall apply to the Windward Open Space Parcel, under the Development Alternative. The allowable uses common to both the City’s existing Open Space – Parks land use designation and the Coastal Conservation zoning are limited to pedestrian trails and observation platforms for passive nature study and habitat restoration. Consistent with those regulations, the uses for the Windward Open Space Parcel are limited to a public pedestrian trail, public access and interpretive signage, a public bench, a scenic overlook, habitat restoration, and limited fencing as necessary to protect habitat. The Open Space – Parks land use designation and Coastal Conservation zone provide a land use that is compatible with the use of the adjacent Parkside and Goodell properties. Although high density residential uses border the northern edge of the Windward Property and lower density residential is located immediately west of the site, the eastern and southern edges abut open space areas that serve important ecological functions and are an integral part of the Bolsa Chica environment. In 2012, the Coastal Commission approved the Parkside residential development project, which borders the Windward and Goodell Properties to the east. Due to concerns about the continuing viability of a grove of eucalyptus trees to function as Environmentally Sensitive Habitat (ESHA) and the presence of a wetland, the Commission designated approximately 18 acres of the western portion of the Parkside property as Open Space-Conservation to protect habitat, including ecological buffers and water quality treatment areas. As part of the project approval, the developer was required to prepare a Habitat Management Plan (HMP) for the areas of the property land use designated Open Space-Conservation, and zoned Coastal Conservation. The Parkside HMP calls for the area that abuts the Windward Open Space Parcel to be revegetated with native grasses and some scrub species. The area adjacent to the Goodell Property is planned for scrub/grassland and Coastal Sage Scrub revegetation. The Parkside HMP has been approved by the Coastal Commission and as of late 2017 is in the process of being implemented. The open space plan for the Windward Open Space Parcel also takes into consideration habitat restoration plans approved by the Coastal Commission on the adjoining Parkside property to ensure that the Habitat Management Plan, landscape plans, and plant palettes are compatible and complement one another. Accordingly, the permitted uses 280 and Habitat Management Plan for the Windward Open Space Parcel are/will be designed to be entirely compatible with the approved HMP for the Parkside project. The goal of the HMP for the Windward Open Space Parcel is to expand the three-acre grassland/scrub area on the western edge of Parkside onto the Windward Open Space Parcel creating an approximately 5.5-acre contiguous grassland/scrub area. The conceptual plant palette for the Windward Open Space Parcel is comprised of native grassland and scrub species. These species are listed on Table 4-1, Conceptual Open Space Native Plant Palette. The coastal development permit application for the project reflected in this Windward Specific Plan must include a Habitat Management Plan, to be implemented by the Windward project developer on the Windward Open Space Parcel, that provides the specifics of how the native grassland/scrub habitat will be implemented, including, but not necessarily limited to, plant palette, location and types of plantings, planting techniques, monitoring procedures, success criteria, methods for protecting burrowing owl and Southern tarplant (if present) and maintenance procedures. In addition, the HMP shall stipulate that no planting materials will be obtained from areas outside Los Angeles, Orange, and San Diego Counties, or farther than 10 mi from the coast. Those species that are only obtainable from commercial sources, such as native grasses, will be acceptable. All weed removal, soil preparation and planting reflected in the approved HMP shall be implemented prior to issuance of a certificate of occupancy for any Windward residential unit other than the first model unit. 281 TABLE 4-1 Conceptual Open Space Native Plant Palette Container Plants Scientific Name Common Name Plants/ac Cylindropuntia prolifera Coastal Cholla 150 Opuntia littoralis Coastal Prickly Pear 200 Plants from Seed Scientific Name Common Name Pounds/ac Ambrosia acanthicarpa Sand-Bur 5.00 Baccharis pilularis Coyote Bush 0.50 Bromus carinatus California brome 7.00 Camissoniopsis cheiranthifolia Beach Evening Primrose 0.25 Dichelostemma capitatum Blue Dicks 2.00 Distichlis spicata Salt Grass 1.00 Encelia californica California Encelia 0.75 Eriophyllum confertiflorum Long-Stemmed Golden Yarrow 0.25 Eschscholzia californica California Poppy 0.50 Festuca microstachys Pacific Fescue 5.00 Heliotropium curassavicum Alkali Heliotrope 0.75 Isocoma menziesii Coastal Goldenbush 2.50 Lasthenia californica Coastal Goldfields 0.25 Lupinus bicolor Miniature Lupine 2.00 Phacelia parryi Parry’s Phacelia 0.25 Plantago erecta California Plantain 3.00 Pseudognaphalium californica California Everlasting 0.25 Sisyrinchium bellum California Blue-Eyed Grass 1.50 Stipa lepida Foothill Needlegrass 6.00 Stipa pulchra Purple Needlegrass 8.00 Verbena lasiostachys Western Verbena 0.50 To facilitate public access on the Windward Open Space Parcel, a decomposed granite pedestrian trail is planned for the Windward Open Space Parcel that would connect to the City Property along the northernmost edge of the Windward Property, turning southerly to ultimately connect to trails that may, in the future, be located on the Goodell Property. However, initially, a trail loop would be created that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue extending easterly through the City Property and then southerly across the Windward Open Space Parcel and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the Windward Open Space Parcel providing an opportunity for a scenic overlook node offering trail users unobstructed views of the adjacent Parkside open space areas and of Saddleback Mountain in south Orange County. As shown on 282 Exhibit 4-1, Open Space and Resource Conservation Concept Plan, the trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, if the Goodell Property is acquired by a public agency or a qualified non-profit such as the Bolsa Chica Land Trust or other approved non- profit, the Windward trail could be extended onto the Goodell Property to create a network of trails that provide users with a variety of experiences. Maintenance of the public trail on the City Property shall be the responsibility in perpetuity of the homeowner’s association (HOA) formed for the Windward Residential Parcel. The project developer shall be responsible for maintenance of the public trail on the Windward Open Space Parcel until either: the Windward Open Space Parcel is acquired by a public agency or qualified non-profit, or, if not thusly acquired by the time 90% of the Windward residential units have been sold, by the Windward HOA unless and until such time as it is acquired by a public agency or qualified non-profit. These responsibilities shall be reflected in the final CC&Rs for the Windward project. 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property and the Goodell Property As described in Chapter 1, Introduction, the goal of the Settlement is to preserve as much as possible of the two remaining privately held parcels on the Bolsa Chica Mesa for which future uses remains uncertain. One alternative is for the Trust for Public Land (TPL) to purchase the entire 11.2 acres of privately owned property and preserve it as conservation open space. How the properties would ultimately be used under that alternative depends largely on what entity ends up holding title to the land, but in any case strictly for open space conservation purposes only. Under a scenario where both the Windward and Goodell Properties are purchased by TPL, the Windward Specific Plan would not take effect. The entire Windward Property would retain its current land use designation of Open Space - Parks. The Windward Specific Plan is being created to facilitate the second alternative of the Settlement (Alternative 2: Development Alternative), which allows medium density residential on the Windward Residential Parcel, with the Windward Open Space Parcel being restricted solely to “Open Space and Conservation Uses.” For the purposes of the Windward Specific Plan, “Open Space and Conservation Uses” shall mean the following: a. Pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping/habitat restoration pursuant to the approved Habitat Management Plan, and trail fencing necessary for habitat protection (as depicted in Chapter 6, Appendices, Exhibit 6-5, Wall and Fence Plan, and Exhibit 6-6, Wall and Fence Elevations); 283 b. Any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-12-CD-01 and Consent Restoration Order No. CCC- 12-RO-01, both approved by the Coastal Commission on September 11, 2013; and c. Any other open space, resource protection, and conservation uses that are compatible with the land use and zoning designations for the Windward Open Space Parcel that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. To implement the Development Alternative, however, the Windward Owner will need to exercise its option to purchase the Goodell Property and dedicate both the Windward Open Space Parcel and the Goodell Property to a public agency or a qualified non-profit such as the Bolsa Chica Land Trust or an acceptable, qualified non-profit such as an accredited land trust subject to deed restrictions limiting use of the properties to the Open Space and Conservation Uses, per the Windward Development Agreement. Under the Development Alternative, approximately 8.7 of the 11.2 acres comprising the Windward and Goodell Properties would be preserved for Open Space and Conservation Uses. In the case of the Windward Open Space Parcel, preservation would be through both (i) the provisions of the Windward Specific Plan portion of the LCP and (ii) a recorded deed restriction. In the case of the Goodell Property, preservation would be through a voluntary deed restriction unrelated to regulatory requirements but which the Windward Owner has committed to in consideration of the Windward Development Agreement. As contemplated by the Settlement, the opportunity to craft a comprehensive plan for a relatively large area of land that abuts an even larger open space complex containing valuable ecological and cultural resources is truly unique. Also included in the Open Space and Resource Conservation Concept Plan is the City Property, a sliver of land owned by the City that is approximately 30 feet wide and 445 feet long (13,350 square feet) that is designated as Open Space-Parks on the City’s general plan and certified LCP. The City Property forms the northern boundary of the Windward Property and currently accommodates a trail that is used informally by pedestrians to access the Parkside Property from the intersection of Bolsa Chica Street and Los Patos Avenue and vice versa. The Windward property owner, Signal, dedicated this parcel of land to the City for park purposes in 1999 in conjunction with the City’s approval of Signal’s Sandover development, a 16 (now 19) unit single family residential development located immediately across Bolsa Chica Street from the Windward site. The goals for developing the Open Space and Resource Conservation Concept Plan as a comprehensive open space plan are: • Provide the public with an open space plan that demonstrates the City’s intentions for the Windward Open Space Parcel. 284 • Ensure that land uses are compatible with the resources on adjacent properties such as Goodell, the Parkside Property, Brightwater, and Bolsa Chica Ecological Reserve (BCER). • Provide opportunities for public access while protecting sensitive biological and cultural resources. • Ensure that the habitat values of the Bolsa Chica Ecological Reserve, Parkside, Goodell, and Brightwater sites are not compromised. • Integrate into the plan a cultural mitigation program required by the California Coastal Commission under a Consent and Restoration order with the Windward Owner. The Consent and Restoration Orders are attached as Attachment B. • Identify appropriate areas for placement of scenic overlooks and interpretive signage. As shown on Exhibit 4-1, Open Space and Resource Conservation Concept Plan (Concept Plan), the Concept Plan is designed to provide public access from the southeast corner of the intersection of Bolsa Chica Street and Los Patos Avenue, utilizing the City Property as a trailhead to allow pedestrians to cross the Windward Open Space Parcel southerly to the Goodell Property. Once on the Goodell Property, trail users would be able to visit scenic overlooks and interpretive signs or continue on to the Brightwater, Parkside, flood control levees, and BCER trails. Careful consideration has been given to designing a trail system that does not require mechanical grading to construct and provides appropriate fencing to keep users on the trails and out of sensitive biological or cultural areas. The City Property will contain a decomposed granite trail with native landscape on both sides and will connect with the trail located on the Windward Open Space Parcel as well as with the trail from the Parkside Property. Although the City Property is only a third of an acre, it is located adjacent to the existing Bolsa Chica Street and Los Patos Avenue public rights-of-way and provides critical linkage to the Windward Open Space Parcel and Parkside Property. Recognizing that biological and cultural resources exist in some portions of the Windward Open Space Parcel, the Open Space and Resource Conservation Concept Plan is designed to avoid re-contouring the landform and any mechanized grading. It takes into consideration established trails. The native grassland/scrub plant palette recommended for the Windward Open Space Parcel, as will be reflected in the approved HMP, is planned to extend onto the Goodell Property and will be consistent with the Parkside Property approved HMP. Although under the Concept Plan coastal sage scrub could be planted on the upper portion of the Goodell Property, grassland/scrub species with shallower root systems would be preferable given the presence of cultural resources on the southern portion of the Goodell Property. 285 The trail system on the Goodell Property primarily utilizes existing trails. However, since the area contains sensitive biological resources, the Concept Plan contemplates fencing would be incorporated to keep pedestrians on designated trails to minimize disturbances to existing habitat and any native landscaping required in the approved HMP installed in the future. With respect to cultural resources, in 2013, the Coastal Commission issued a Consent Restoration Order requiring the landowner to design and construct a cultural mitigation program in this area of the Bolsa Chica Mesa. The cultural mitigation program will be incorporated into the trail and interpretive sign program depicted on Exhibit 4-1, Open Space and Resource Conservation Concept Plan. As stated previously, the Windward Specific Plan does not regulate the Goodell Property. The purpose of the Concept Plan is to provide a vision of what could occur on the Goodell Property under the Open Space and Conservation Uses to which the Goodell Property would be limited by voluntary deed restrictions under the Development Alternative. Permits necessary to implement the Open Space and Conservation Uses on the Goodell Property would be the subject of future entitlements and CEQA review if the Goodell Property is acquired under the Development Alternative, an LCP amendment is approved by the Coastal Commission, and a more detailed plan is developed. Whether the Goodell Property is annexed or not, future uses on the Goodell Property would be subject to approval of a coastal development permit, unless none is legally required. 286 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018NORTHExhibit 4-1Open Space / Passive Park Concept Plan0100 ft287 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary To cooperatively achieve the open space and resource conservation objectives of this Specific Plan, the City, the Coastal Commission, and the Windward Owner each require specific respective assurances. The City and the Coastal Commission need assurances that before development of the Windward Residential Parcel can begin, the conveyances and deed restrictions called for by this Specific Plan and Alternative 2 of the Settlement are operative. The Windward Owner needs assurances that if those conveyances and deed restrictions are operative, Windward Owner will have the right to proceed with the development of the Windward Residential Parcel as permitted by this Specific Plan. This Chapter 5 provides each of these parties with the needed assurances by making the operative status of all Required Approvals (specified in 5.3 below) and Implementation Documents (specified in 5.4.1 below) mutually contingent upon approval and effectiveness of all of the Required Approvals and Implementation Documents. 5.2 Key Definitions a. Approved/Approval: “Approved” or “Approval” refers to the process(es) prescribed by applicable local and/or state law by which the Required Approvals and the Implementation Documents are authorized by the applicable decisional authority. For example, this Specific Plan/LCPA is “approved” when the City Council has voted to adopt the resolution approving this Specific Plan/LCPA and the Coastal Commission’s certification of the LCPA is complete, whether by vote of the Commission with or without suggested modifications. b. Effective: “Effective” refers to the time at which a Required Approval or an Implementation Document becomes final in the ordinary course of the administrative process for that approval as set forth in applicable local and/or state law. For example, the Coastal Commission’s regulations, specifically 14 CCR § 13544, specify when certification of the LCPA shall become “effective”. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. c. Operative: “Operative” refers to the time at which a Required Approval or an Implementation Document may be exercised, used, or implemented. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. 5.3 Required Approvals The development of the Windward Residential Parcel authorized by the Windward Specific Plan may not occur until all of the following (the “Required Approvals”) are “effective”: 288 a. By the City (collectively, the “City Approvals”): • Approval of a Local Coastal Program Amendment (LCPA 1), consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the LCP; • Approval of and entry into a Development Agreement (Windward DA) between the City and the Windward Owner pursuant to Government Code Sections 65864 et seq. in order to implement Alternative 2 of the Settlement; • Approval of a Coastal Development Permit (CDP) authorizing construction of a 36-unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map subdividing the Windward Property into one numbered lot for residential development (the Windward Residential Parcel) and one lettered lot for open space (the Windward Open Space Parcel) and (2) a Conditional Use Permit allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications as accepted by the City); and • Approval of grading, building, and similar ministerial permits. b. By the Coastal Commission (collectively, the “Commission Approvals”): • Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications as accepted by the City); • Approval of the Windward DA, to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and • In the event the City’s approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of a CDP. 1 All references to the “LCPA” refer to each of the components included within this bullet point. 289 5.4 Conditions Precedent to Required Approvals Becoming “Operative” 5.4.1 Assurances to City and Coastal Commission. To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of this Specific Plan and Alternative 2 of the Settlement. The documents required by subsections a, b, c and d below shall constitute Implementation Documents. Therefore, notwithstanding approval and effectiveness of (1) the LCPA by the Commission and (2) a CDP by the City or the Commission on appeal, the Specific Plan/LCPA and CDP shall not become “operative” until the following events have occurred: a. For the Windward Open Space Parcel: Offer or Grant. One of the following Implementation Documents related to the Windward Open Space Parcel has been recorded in a form acceptable to the City 2: • An irrevocable offer to dedicate the Windward Open Space Parcel to the people of the State of California (Windward Offer). The Windward Offer must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. The Windward Offer shall run with the land for 21 years, binding all successors and assignees, and may be accepted by the State through a public agency or private nonprofit entity approved by the City. OR • A conveyance of fee title to the Windward Open Space Parcel to the Bolsa Chica Land Trust (BCLT) or to another accredited land trust or nonprofit entity approved by the City (Windward Conveyance). The Windward Conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. b. For the Goodell Property: Offer or Grant. One of the following Implementation Documents related to the Goodell Property has been recorded in a form acceptable to the City: • An irrevocable offer to dedicate the Goodell Property to the People of the State of California (Goodell Offer). The Goodell Offer must restrict the Goodell Property to open space and resource conservation uses consistent with the comprehensive open space plan described in Section 4.2 of the Windward Specific Plan. The Goodell Offer shall run with the land for 21 years, binding all successors and assignees, and may be accepted by the 2 In any case where this Specific Plan/LCPA states that a document must be acceptable to the City, that requirement will extend to the Executive Director of the Coastal Commission in the event a City-approved CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP. 290 State through a public agency or private nonprofit entity approved by the City. OR • A conveyance of fee title to the Goodell Property to either the BCLT or another accredited land trust or nonprofit entity approved by the City (Goodell Conveyance). The Goodell Conveyance must restrict the Goodell Property to open space and resource conservation uses consistent with the comprehensive open space plan described in Section 4.2 of the Windward Specific Plan. c. For both the Windward Open Space Parcel and the Goodell Property: Deed Restrictions. Upon acceptance as to form by City, deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses have been recorded in a form acceptable to the City. d. For both the Windward Residential Parcel and the Windward Open Space Parcel: Acceptance of LCPA. A document in a form acceptable to the City has been provided to the City and recorded, unequivocally stating that the Windward Owner (i) accepts the certified LCPA in form and substance, (ii) acknowledges that the Windward Residential Parcel and the Windward Open Space Parcel shall be subject to the provisions of the LCPA, and (iii) acknowledges that the LCPA has become effective. e. For the Windward Open Space Parcel and the Goodell Property: Title reports have been provided to the City for the Windward Open Space Parcel and the Goodell Property showing, to the satisfaction of the City, that those properties have been deed restricted and either offered for dedication or otherwise conveyed free of prior liens and encumbrances which would materially and adversely affect the interests being dedicated/conveyed. 5.4.2 Assurances to Windward Owner. To assure that the Windward Owner is not required to deed restrict and convey the Windward Open Space Parcel and, pursuant to the Windward DA, deed restrict and convey the Goodell Property as set forth above without having the right to develop the Windward Residential Parcel, the Implementation Documents specified in Section 5.4.1 shall contain language that each respective Implementation Document does not become operative until: a. All of the Required Approvals have been approved and have become effective; and 291 b. Either the time for legal challenges to each of the Required Approvals has expired and/or legal challenges which have been made have terminated or resolved with all Required Approvals remaining intact and effective. 5.5 Development Agreement No. 16-001 Through the Windward DA, which was voluntarily requested of the City by the Windward Owner to implement the Settlement, the Windward Owner has voluntarily agreed that the recording of the applicable Implementation Documents in accordance with 5.4.1 above shall be a condition precedent to this Specific Plan/LCPA and any CDP for the development of the Windward Residential Parcel becoming operative. The Windward DA was approved by the City Council concurrently with the approval of the Windward Specific Plan and LCPA and reflects the requirements of Section 5.3 above. 5.6 Enforcement of the Specific Plan/LCPA The Specific Plan/LCPA serves both a planning and regulatory function. It is the vehicle by which the City of Huntington Beach Local Coastal Program and General Plan are implemented for the Windward Property. If there is a conflict found between the Windward Specific Plan and the HBZSO, the contents of the Windward Specific Plan shall prevail. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. The Community Development Department shall be responsible for interpreting and enforcing the site development standards and design guidelines set forth in the Windward Specific Plan. 5.7 Methods and Procedures 5.7.1 Zoning Text Amendments A Zoning Text Amendment shall be required for changes to the Windward Specific Plan and processed in accordance with the provisions of Chapter 247 of the HBZSO. Zoning Text Amendments shall require an amendment to the City’s Local Coastal Program and shall not take effect until certified by the California Coastal Commission and subsequently accepted by the City pursuant to 14 CCR § 13544. 5.7.2 Hearings All local public hearings held relative to the Windward Specific Plan shall be administered according to the applicable provisions of the HBZSO. 292 5.7.3 Appeals Any local decision, determination or requirements may be appealed in accordance with applicable provisions of the HBZSO. 5.8 Maintenance Mechanisms As a condition of issuance for any CDP for development of the Windward Residential Parcel, a homeowner’s association for the Windward Residential Parcel (HOA) shall be formed and, through its CC&Rs (see Chapter 3, Development Standards, Section 3.4.3), be responsible for: a. The permanent maintenance, repair, and replacement of all HOA-owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, common vehicular driveways, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP’s, and private service utilities. b. Until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non-profit organization pursuant to Section 5.4.1.a above, the maintenance, repair, and replacement of the public improvements within the Windward Open Space Parcel which are described in Chapter 4, Open Space and Resource Conservation Plan and which include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscaping. c. The maintenance of the public improvements for the City Property described in Chapter 4, and shown on Exhibit 4-1, Open Space and Resource Conservation Plan, including, but not limited to, the trail, signage, trail fencing, and landscape improvements. d. Entering into a Landscape Maintenance Agreement with the City describing the HOA’s maintenance obligations with respect to the public improvements for the City Property described in Chapter 4, and shown on Exhibit 4-1, Open Space and Resource Conservation Plan, including, but not limited to the trail, signage, trail fencing, and landscape improvements. 293 6 APPENDICES 6.1 Architectural Character The architectural character for Windward follows a Mid-Century Modern theme, with strong linear elements and bold horizontal and vertical features. A variety of exterior materials are utilized including wood, stone, stucco, and glass (see Architectural Style, Exhibit 6-1). The mid-century modern architectural style provides “four-sided” architecture with a variety of architectural elements on all four sides of the home, thus eliminating a flat plane on any side. 294 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018Exhibit 6-1Architectural StyleNOT TO SCALESource:Hannouche Architects295 6.2 Residential Landscape Design Concept Community design concepts and details for Windward are presented in this Specific Plan in order to establish a comprehensive theme that blends the landscape with the architecture. Residents and visitors will experience Windward as an upscale design with select palm species, canopy trees and plantings that complement the Modern design of the architecture. Careful consideration is also given to providing a landscape plan for the residential area that is compatible with the adjacent environment (see Exhibit 6-2, Residential Landscape Plan). The elements included in this plan include: • Project Entry, • Recreation Area, • Wall and Fence Design, • Open Space Trails, and • Plant Palette. 6.2.1 Project Entry – Bolsa Chica Street The Windward primary entrance is located at the southern part of the community along Bolsa Chica Street. The entry design includes project signage, (see Exhibit 6-3, Community Signage), that is framed by a backdrop of evergreen plant materials. There is a secondary point of ingress/egress north of the primary entrance which will offer right in and right out access only. This secondary access will not include project signage. 6.2.2 Recreation Area The recreation area, shown on Exhibit 6-4, Community Recreation Area Plan, is located in the northern portion of the project will benefit from the existing landscape located on the Los Patos/Bolsa Chica corner providing both a sense of privacy and a large-scale, visual evergreen backdrop. Anticipated amenities for the Windward residents include a swimming pool with lap-lane, fireplace/gathering area and grilling station. 6.2.3 Wall and Fence Design The Wall and Fence Plan, Exhibit 6-5, describes locations and materials that are consistent with the adjacent communities while being unique to the Windward development. Wall and Fence Elevations are depicted in Exhibit 6-6. Walls and fences, up to a maximum of 6 feet in height, are permitted in front setback areas. Pilasters shall be a maximum of 6 feet 6 inches in height. 296 6.2.4 Open Space Trail The Windward community open space design includes an approximate 0.4-mile loop trail which can be accessed from the primary or secondary entry depicted on Exhibit 6-7, Trails Plan and Section. The trail consists of a concrete sidewalk along Bolsa Chica street and a connecting, six foot (6’) wide, decomposed granite trail that extends east through the City-owned property above the northern Windward development area boundary, south through the Windward Open Space and returns west back to Bolsa Chica Street. The trail experience includes directional and interpretive signage is shown on Exhibit 6-8, Public Access Signage Plan, open space trail fencing and an overlook area with bench seating. In addition to the Windward loop trail, connections to other local trail systems are available, as shown on Exhibit 4-1, Open Space and Resource Conservation Plan. 6.2.5 Plant Palette The plant palette for the Windward Residential Area has been separated into two distinct use areas, the Community Plant Palette and the Private Residential Plant Palette. The plant palette, described in Section 6.1, also includes prohibited plant species within the community. These use areas contain unique plant palettes, which will assure the implementation of the community theme. The plant palettes for the residential area are drawn from the Coastal Commission-approved plant palette for the Brightwater Community. Plant species that are considered invasive are prohibited from use by the homeowners. The plant palette for the Open Space Area can be found within Table 4-1, Conceptual Open Space Native Plant Palette. 297 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-2 Residential Landscape Plan NORTH 0 100 ft 298 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018NORTHExhibit 6-3Community Signage 010 ft299 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-4 Community Recreation Area Plan NORTH 0 30 ft 300 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018NORTHExhibit 6-5Wall and Fence Plan050 ft301 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018Exhibit 6-6Wall and Fence ElevationsScale Per Detail302 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018Exhibit 6-7Trails Plan and SectionNORTH0100 ft303 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-8 Public Access Signage Plan NORTH 0 100 ft 304 Table 6-1 Residential Landscape Plant Palette Botanical Name Common Name COMMUNITY – HOA MAINTAINED – TREES Arbutus unedo Strawberry Tree Archontophoenix cunninghamiana King Palm Brachychiton populneus Bottle Tree Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Cocos plumosa Queen Palm Eriobotrya deflexa Bronze Loquat Erythrina coralloides Coral Tree Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’ Indian Laurel Fig – Green Gem Ficus rubiginosa Rustyleaf Fig Ginkgo biloba Maidenhair Tree Lagerstroemia species Crape Myrtle Magnolia grandiflora SPP. Southern Magnolia Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Phoenix canariensis Canary Island Date Palm Phoenix dactylifera Date Palm Pinus eldarica Eldarica Pine Platanus racemosa California Sycamore Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Tristania conferta Brisbane Box Tupidanthus calyptratus Tupidanthus COMMUNITY – HOA MAINTAINED – SHRUBS Agapanthus africanus Lily-of-the-Nile Agave americana Century Plant Agave attenuate Fox Tail Agave Agave shawii Shaw’s Agave Aloe arborescens Tree Aloe Aloe vera Medicinal Aloe Buxus japonica Japanese Boxwood Camellia japonica Camellia Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa ‘Fancy’ Natal Plum 305 Residential Landscape Plant Palette Botanical Name Common Name Ceanothus gloriosus ‘Point Reyes’ Point Reyes Ceanothus Ceanothus griseus var. ’Yankee Point’ Yankee Point Ceanothus Clivia miniata Kaffir Lily Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Crassula argentea Jade Plant Cyathea cooperi Australian Tree Fern Dicksonia antarctica Tasmanian Tree Fern Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Escallonia ‘fradesii’ Pink Escallonia Grevillea ‘Noellii’ Grevillea Hebe buxifolia Boxleaf Hebe Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid ‘Mountain Violet’ Daylily Hemerocallis hybrids Evergreen Daylily Kniphofia uvaria Red Hot Poker Lantana sellowiana Trailing Lantana Lavandula pedunculata ‘Atlas’ Spanish Lavender Ligustrum japonicum Japanese Privet Ligustrum japonicum ‘Texanum’ Waxleaf Privet Miscanthus sinensis ‘Yakushima’ Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Muhlenbergia rigens Deer Grass Myoporum ‘Pacificum’ NCN Myoporum parvilfolium NCN Nephrolepis exaltata Sword Fern Nolina bigelovii Bigelow’s bear grass Philodendron selloum Big Leaf Philodendron Phoenix roebelenii Pigmy Date Palm Phormium tenax New Zealand Flax Pittosporum crassifolium ‘Nana’ Dwarf Karo Pittosporum tobira Mock Orange Podocarpus spp. Fern Pine Rhaphiolepis indica India Hawthorn Rosmarinus officinalis Rosemary Schefflera actinophylla Schefflera Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum Blue-eyed grass Solanum xantii Purple Nightshade Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise 306 Residential Landscape Plant Palette Botanical Name Common Name Trachelospermum jasminoides Star Jasmine Viburnum suspensum Sandankwa Viburnum Westringia fruticosa Coast Rosemary Xylosma congestum ‘Compacta’ Xylosma Xylosma congestum ‘Ed Dorado’ Dwarf Xylosma Yucca filamentosa ‘Variegata’ Variegated Yucca Yucca species Yucca COMMUNITY – HOA MAINTAINED – VINES Bougainvillea spp. Bougainvillea Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood-Red Trumpet Vine Grewia occidentalis Lavender Starflower Pandorea jasminoides Bower Vine Rosa banksiae ‘Alba Plena’ Climbing Rose Trachelospermum jasminoides Star Jasmine COMMUNITY – HOA MAINTAINED – GROUNDCOVER Armeria martima Common Thrift Baccharis pilularis ‘Pigeon Point’ Coyote Bush Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Lantana sellowiana Trailing Lantana Senecio mandraliscae Blue Chalksticks Verbena hybrida Garden Verbena COMMUNITY – HOA MAINTAINED – TURF Marathon II ‘Festuca Arundinacea’ Dwarf Tall Fescue 307 Residential Landscape Plant Palette Botanical Name Common Name PRIVATE RESIDENTIAL LOTS - TREES Acer macrophyllum Big Leaf Maple Acer negundo var. californicum California Box Elder Acer palmatum Japanese Maple Aesculus californica California Buckeye Arbutus unedo Strawberry Tree Arctostaphylos glauca Bigberry Manzanita Arctostaphylos insularis Island Manzanita Brachychiton populneus Bottle Tree Ceratonia siliqua Carob Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Dicksonia Antarctica Tree Fern Eriobotrya deflexa Bronze Loquat Eriobotrya japonica Loquat Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’ Indian Laurel Fig – Green Gem Ficus rubiginosa Rustyleaf Fig Fraxinus dipetala Callfornia Ash Ginkgo biloba Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Crape Myrtle Lagerstroemia species Crape Myrtle Lauris nobilis Grecian Laurel Liriodendron tulipfera Tulip Tree Lyonthamnus floribundus ssp. Asplenifolius Fernleaf Ironwood Macadamia integrifolia Macadamia Nut Magnolia grandiflora Southern Magnolia Maytenus boaria Mayten Tree Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Pistacia chinesis Chinese Pistache Pittosporum undulatum Victoria Box Platanus racemosa California Sycamore Plumeria rubra Egyptian Starcluster Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Ptelea crenulata California Hoptree Rhus integrifolia Lemonade Berry Rhus lancea African Sumac 308 Residential Landscape Plant Palette Botanical Name Common Name Rhus laurina Laurel Sumac Sambucus mexicana Mexican Elderberry Tabebuia chrysotricha Golden Trumpet Tree Tabebuia impetiginosa Pink Trumpet Tree Tabebuia ipe Trumpet Tree Tristania conferta Brisbane Box Tristania laurina NCN Tupidanthus calyptratus Tupidanthus PRIVATE RESIDENTIAL LOTS -SHRUBS Abelia grandiflora ‘Edward Goucher’ Abelia Abutilon ‘Moon Chimes’ Parlor Maple Achillea millefolium var. californica Western yarrow Agapanthus africanus Lily-of-the-Nile Agave attenuata Foxtail Agave Agave shawii Shaw’s Agave Agave vilmoriniana Octopus Agave Aloe arborescens Tree Aloe Aloe Vera Medicinal Aloe Alyogyne huegelii Blue Hibiscus Armeria martima Common Thrift Asclepias speciose Showy milkweed Aster chilensis California Aster Baccharis pilularis ‘Pigeon Point’ Coyote Bush Baccharis pilularis ‘Twin Peaks #2’ Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’ Coyote Bush Prostrate Baccharis salicifolia Mulefat Begonia ‘Richmondensis’ Richmond Begonia Bergenia cordifolia Winter Saxifage Bougainvillea ‘Tahitian Maid’ Double Bougainvillea Calystegia macrostegia California Morning Glory Camellia japonica Camellia Campanula portenschlagiana Dalmatian Bellflower Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa Green Carpet Natal Plum Carissa macrocarpa ‘Fancy’ Natal Plum Castilleja foliolosa Wooly Indian paintbrush Ceanothus spp. Ceanothus Cerastium tomentosum Snow-in-Summer Cercis occidentalis Western Redbud Chrysanthemum leucanthemum Oxeye Daisy Cistus hybridus White Rockrose Cistus incanus ssp. Corsicus NCN 309 Residential Landscape Plant Palette Botanical Name Common Name Cistus purpereus Orchid Spot Rockrose Cistus salviifolius Sageleaf Rockrose Cistus x purpereus Orchid Rockrose Clivia miniata Kaffir Lily Comarostaphylis diversifolia Summer Holly Conolvulus cneorum Bush Morning Glory Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Coreopsis gigantea Giant coreopsis Coretherogyne filaginifolia California aster Cotoneaster aprneyi NCN Cotoneaster buxifolius NCN Crassula argentea Jade Plant Crassula argentea ‘Crosby’ Miniature Jade Plant Crassula ovata Jade Tree Cuphea hyssopifolia False Heather Delosperma cooperi Hardy Ice Plant Dendromecon rigida Bush Poppy Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Dudleya abramsil spp. murina San Luis Obispo Dudleya Dudleya caespitosa Coast Dudleya Dudleya edulis San Diego Dudleya Dudleya hassei Catalina Island Live Forever Dudleya lanceolata Lanceleaf Liveforever Dudleya pulverulenta Chalk Liveforever Erigeron karvinskianus Santa Barbara Daisy Eriogonum arborescens Santa Cruz Island Buckwheat Eriogonum giganteum St. Catherine’s Lace Eriophyllum confertiflorum Golden Yarrow Escallonia ‘fradesii’ Pink Escallonia Escallonia species Escallonia Varieties Eschscholzia californica California Poppy Feijoa sellowiana Pineapple Guava Frangula californica California Coffeeberry Fuchsia ‘Gartenmeister Bonstedt’ Honeysuckle Fuschia Galvezia speciose Island snapdragon Gardenia jasminoides Gardenia Garrya elliptica James Reef Silk Tassel Grevillea ‘Noellii’ Grevillea Grewia occidentalis Starflower Hardenbergia comptoniana Lilac Vine Helictotrichon sempervirens Blue Oat Grass 310 Residential Landscape Plant Palette Botanical Name Common Name Hemerocallis hybrid ‘Mountain Violet’ Daylily Heteromeles arbutifolia ‘Davis Gold’ Toyon Heuchera ‘Autumn Leaves’ Coral Bells Heuchera ‘Purple Palace’ Alum Root Heuchera maxima Channel Islands Coral Bells Hibiscus spp. Hibiscus Holodiscus discolor Ocean spray Hypericum calycimum Aaron’s Beard Iris douglasiana Douglas Iris Jasminum nudiflorum Winter Jasmine Kniphofia uvaria Red Hot Poker Lantana camara cultivars Yellow Sage Lantana camara montevidensis Trailing Lantana Lantana sellowiana Trailing Lantana Lavandula dentata French Lavender Lavandula pedunculata ‘Atlas’ Spanish Lavender Lepechinia fragrans Island Pitcher Sage Leptospermum lae. ‘Vigatum’ Australian Tea Tree Leucophyllum frutecens Texas Ranger Ligustrum japonicum Japanese Privet Limonium perezii Sea Lavender Liriope “Silvery Sunproof’ Monkey Grass Lonicera japonica ‘Halliana’Hall’s Japanese Honeysuckle Lonicera subspicata Wild Honeysuckle Lonicera subspicata var. denudata Chaparral Honeysuckle Mahonia aquifolium ‘Golden Abundance’ Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Malacothamnus fasciculatus Chaparral Mallow Miscanthus sinensis ‘Yakushima’ Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Myoporum ‘Pacificum’ NCN Myoporum debile NCN Myoporum parvilfolium NCN Myrtus communis True Myrtle Nephrolepis exaltata Sword Fern Nerium Oleander Oleander Nolina bigelovii Bigelow’s bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree Opuntia littoralis Prickly Pear Opuntia oricola Oracle Cactus Osteospermum fruticosum Trailing African Daisy 311 Residential Landscape Plant Palette Botanical Name Common Name Pachysandra terminalis Pachysandra Paeonia californica California Peony Penstemon heterophyllus Margarita Bop' Blue Bedder Penstemon heterophyllus var. australis Foothill Penstemon Penstemon spectabilis Showy Penstemon Pentas lanceolata Egyptian Starcluster Philadelphus lewisii Lewis’ mock orange Philodendron selloum Big Leaf Philodendron Phormium tenax New Zealand Flax Photinia x fraseri Fraser’s Photinia Pittosporum crassifolium ‘Nana’ Dwarf Karo Pittosporum tobira Mock Orange Prunus caroliniana Carolina Cherry Laurel Prunus illcifolia Hollyleaf Cherry Prunus lyonii Catalina Cherry Punica granatum Pomegranate Pycanthemum californicum Mountain Mint Quercus berberdifolia California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhamnus calfornica Coffeeberry Rhaphiolepis indica Indian Hawthorn Rhus integrifolia Lemonade Berry Rhus ovata Sugarbush Ribes aureum var. gracillimum Golden Currant Ribes indecorum White Flowering Currant Romneya coulteri Matilija Poppy Romneya coulteri ‘White Cloud’ White Cloud Matilija Poppy Rosmarinus officinalis Rosemary Rumohra adiantiformis Leatherleaf Fern Salvia ‘Bee's Bliss’ Bee's Bliss Sage Salvia alpiana White Sage Salvia clevelandii winifred ’Gilman’ Cleveland Sage Salvia greggii Autum Sage Salvia sonomensis Creeping Sage Salvia spathacea Hummingbird Sage Sambucus mexicana Mexican Elderberry Santolina cha. ‘Nana’ Lavendar Cotton Santolina virensn Green Lavender Cotto Satureja chandleri San Miguel Savory Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue-eyed grass Solanum xantii Purple Nightshade Solanum xantiiPurple Nightshade 312 Residential Landscape Plant Palette Botanical Name Common Name Solidago velutina ssp. californica California Goldenrod Stachys bullata Hedge Nettle Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticans and cultivars Bush Germander Thalictrum fendleri var. polycarpum Mountain Meadow Rue Thuja occidentalis ‘Globosa’ White Cedar Trachelospermum asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermum jasminoides Star Jasmine Tulbaghia violacea Society Garlic Venegasia carpesioides Canyon Sunflower Viburnum suspensum Sandankwa Viburnum Viguiera laciniata San Diego Sunflower Xylosma congestum Shiny Xylosma Xylosma congestum ‘Compacta’ Xylosma Xylosma congestum ‘Ed Dorado’ Dwarf Xylosma Yucca baccata Banana Yucca Yucca filamentosa ‘Variegata’ Variegated Yucca Yucca rigida Blue Yucca Yucca Species Yucca Yucca whipplei Yucca Zauschneria californica ‘Catalina Island’ California Fuchsia Zephyranthes candida Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS - VINES Bougainvillea spp. Bougainvillea Calliandra haematocephala Pink Powder Puff Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood-Red Trumpet Vine Grewia occidentalis Lavender Starflower Hardenbergia violacea Hardenbergia Macfadyena unguis-cati Cat’s Claw Mandevilla splendens Alice du Pont Mascagnia macroptera Golden Vine Pandorea jasminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae ‘Alba Plena’ Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS - GROUNDCOVER Aptenia cordifolia x Red Apple Strawberry Armeria martima Common Thrift Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Dwarf Coyote Bush 313 Residential Landscape Plant Palette Botanical Name Common Name Baccharis pilularis ‘Pigeon Point’ Coyote Bush Baccharis pilularis ‘Twin Peaks #2’ Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’ Coyote Bush Prostrate Cistus crispus NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN Crassula tetragona NCN Delosperma ‘alba’ White Trailing Ice Plant Dimorphotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Fragaria chiloensis Wild Strawberry/Sand Strawberry Gazania ‘Copper King’ Gazania Gazania ‘Moonglow’ Gazania Gazania hybrid ‘Mitsua Yellow’ Semi-trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy Iberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Lampranthus filicaulis Redondo Creeper Lampranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana Lasthenia californica Dwarf Goldfields Lupinus arizonicus Desert Lupine Lupinus benthamii Spider Lupine Lupinus bicolor Sky Lupine Lupinus sparsiflorus Loosely flowered Annual Lupine/ Coulter’s Ophiopogon ‘Nigrescens Black’ Black Mondo Grass Ophiopogon japonicus Mondo Grass Osteospermum ‘Buttermilk’ Osteospermum Osteospermum fru. ‘African Queen’ Trailing African Daisy Osteospermum fru. ‘Burgundy’ Trailing African Daisy Osteospermum fru. ‘Whirligig’ Trailing African Daisy Osteospermum fruticosum Freeway Daisy Osteospermum fruticosum ‘Hybrid White’ Freeway Daisy Pelargonium peltatum Ivy Geranium 314 Residential Landscape Plant Palette Botanical Name Common Name Pratia pedunculata Star Creeper Sagina subulata Irish Moss Sagina subulata ‘Aurea’ Scotch Moss Santolina cha. ‘Nana’ Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS - SUCCULENTS Aeonium ‘Kiwi’ Kiwi Aeonium Echeveria agavoides ‘Red’ Red Edge Echeveria Echeveria elegans Mexican Snowball Echeveria imbricate Hens and Chicks Kalanchoe thyrisiflora Paddle Plant Sedum pachyphyllum Stonecrop Sedum rubrotinctum Pork and Beans Senecio mandraliscae Blue Chalksticks PRIVATE RESIDENTIAL LOTS - TURF Marathon II ‘Festuca Arundinacea’ Dwarf Tall Fescue Turf A-G Sod Farms Inc. - Elite Plus PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES Adenostoma fasciculatum Chamise Adenostoma sparsifolium Red Shanks Aegilops triuncialis Barbed Goatgrass Ageratina adenophora Crofton Weed Ailanthus altissima Tree Of Heaven Alhagi pseudalhagi Camel Thorn Ammophila arenaria European Beachgrass Anthemix cotula Mayweed Arctotheca calendula Capeweed Artemisia californica California Sagebrush Arundo donax Giant Reed Atriplex semibaccata Australian Saltbush Avena barbata Slender Oat Avena fatua Wild Oat Bassia hyssopifolia Fivehorn Smotherweed Bellardia trixago Mediterranean Lineseed Brachypodium distachyon Purple False Brome Brassica nigra Black Mustard Brassica rapa Wild Turnip, Yellow Mustard, Field Mustard Brassica tournefortii Asian Mustard Bromus diandrus Ripgut Brome 315 Residential Landscape Plant Palette Botanical Name Common Name Bromus rubens Red Brome Bromus tectorum Cheatgrass Cardaria chalapensis Lenspod Whitetop Cardaria draba Hoary Cress, Perennial Peppergrass Cardaria draba Whitetop Carduus pycnocephalus Italian Plumeless Thistle Carpobrotus edulis Hottentot Fig Centaurea calcitrapa Purple Starthistle Centaurea masculosa Spotted Knapweed Centaurea melitensis Maltese Star-Thistle Centaurea solstitialis Yellow Star-Thistle Cirsium arvense Canada Thistle Cirsium vulgare Wild Artichoke, Bull Thistle Conicosia pugioniformis Narrow-Leaved Iceplant Conium maculatum Poison Hemlock Conyza canadensis Horseweed Cortaderia jubata Purple Pampas Grass Cortaderia selloana Pampas Grass Cotoneaster lacteus Milkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Crataegus monogyna Oneseed Hawthorn Crupina vulgaris Common Crupina Cynara cardunculus Artichoke Thistle Cytisus scoparius Scotchbroom Cytisus striatus Striated Broom Delairea odorata Capeivy Egeria densa Brazilian Waterweed Ehrharta calycina Perennial Veldtgrass Ehrharta erecta Panic Veldtgrass Eichhornia crassipes Common Water Hyacinth Elaeagnus angustifolia Russian Olive Erechtites glomerata Cutleaf Burnweed Erechtites minima Coastal Burnweed Eriogonum fasciculatum Common Buckwheat Eucalyptus globulus Tasmanian Bluegum Euphorbia esula Leafy Spurge Festuca arundinacea Tall Fescue Ficus carica Edible Fig Foeniculum vulgare Sweet Fennel Genista monspessulana French Broom Halogeton glomeratus Saltlover Hedera helix English Ivy Helichrysum petiolare Strawflower 316 Residential Landscape Plant Palette Botanical Name Common Name Heterotheca grandiflora Telegraph Plant Holcus lanatus Common Velvetgrass Hydrilla verticillata Hydrilla Hypericum perforatum St. John's Wort Ilex aquifolium English Holly Iris pseudacorus Paleyellow Iris Lactuca serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leucanthemum vulgare Oxeye Daisy Lolium perenne Perennial Ryegrass Lupinus arboreus Yellow Bush Lupine Lythrum salicaria Purple Loosestrife Mentha pulegium Pennyroyal Mesembryanthemum crystallinum Common Iceplant Myoporum laetum Ngaio Tree Myriophyllum aquaticum Parrot Feather Watermilfoil Myriophyllum spicatum Eurasian Watermilfoil Nicotiana bigelevil Indian Tobacco Nicotiana glauca Tree Tobacco Olea europaea Olive Ononis alopecuroides Foxtail Restharrow Pennisetum setaceum Crimson Fountaingrass Phalaris aquatica Bulbous Canarygrass Potamogeton crispus Curly Pondweed Retama monosperma Bridal Broom Ricinus communis Castor Bean Plant Robinia pseudoacacia Black Locust Rubus discolor Himalayan Blackberry Sacsola austails Russian Thistle/Tumbleweed Salvia mellifera Black Sage Salvinia molesta Giant Salvinia Sapium sebiferum Chinese Tallow Tree Saponaria officinalis Bouncingbet Schinus molle Peruvian Peppertree Schinus terebinthifolius Brazilian Peppertree Schismus arabicus Arabian Schismus Schismus barbatus Common Mediterranean Grass Senecio jacobaea Tansy Ragwort Sesbania punicea Rattlebox Silybum marianum Milk Thistle Spartina alterniflora Smooth Cordgrass Spartina anglica Common Cordgrass Spartina densiflora Denseflower Cordgrass 317 Residential Landscape Plant Palette Botanical Name Common Name Spartina patens Saltmeadow Cordgrass Spartium junceum Spanish Broom Taeniatherum caput-medusae Medusahead Tamarix chinensis Fivestamen Tamarisk Tamarix gallica French Tamarisk Tamarix parviflora Smallflower Tamarisk Tamarix ramosissima Saltcedar Ulex europaeus Common Gorse Urtica urens Burning Nettle Verbascum thapsus Common Mullein Vinca major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - ORNAMENTAL Corraders sp Pampas Grass Cupressus sp Cypress Eucalyptus sp Eucalyptus Juniperus sp Juniper Pinus sp Pine PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - PALMS Brahea armata Mexican Blue Palm Brahea brandegeei San Jose Hesper Palm Brahea edulis Guadalupe Palm Butia capitata Pindo Palm Caryota cummingii Himalayan Fish Tail Palm Caryota urens Himalayan Fish Tail Palm Chamaedorea eerumpens Bamboo Palm Chamaedorea humilis Mediterranean Fan Palm Cycas revoluta Sago Palm Trachycarpus fortunei Windmill Palm Washingtonia filifera California Fan Palm Washingtonia robusta Mexican Fan Palm 318 6.3 Infrastructure 6.3.1 Circulation Vehicular access to Windward Specific Plan Area is from two access drives along Bolsa Chica Street (see Exhibit 6-9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A common vehicular driveway provides access to each of the housing units. Driveways within the Specific Plan Area shall be a minimum 24-feet in width (see Exhibit 6-10, Common Vehicular Driveway Sections). Vehicular turnarounds are provided at the north and south ends of the common vehicular driveway. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for Windward is illustrated on Exhibit 6-11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6-12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. 319 Windward Specific Plan Circulation Plan May 20180100ftNBolsa Chica StreetCity of Huntington Beach Exhibit 6-9 Los PatosAvenue LEGEND SandoverDrive Turn-Around Turn-Around!(!(37 GuestParking Spaces!28'26'24'28'Residential Circulation & Parking Section Line(See Exhibit 6-10, Common Vehicular Driveway Sections) A B BCC AADDE E 30'32'320 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 201Exhibit 6-10Common Vehicular Driveway SectionsNORTH030 ftSource: Stantec321 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-11 Grading Plan NORTH NOT TO SCALE Source: Stantec 322 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-12 Cut and Fill Plan NORTH NOT TO SCALE Source: Stantec 323 6.3.3 Drainage Plan The Drainage Plan for Windward is illustrated on Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It shows a proposed storm drain line located within the Windward private roadway system which will connect to an existing storm drain within Bolsa Chica Street. Two catch basins will be constructed to capture storm runoff within the development and prevent it from discharging into the adjacent open space areas. Once it is collected on-site, the drainage from the Windward development will be conveyed to an existing storm drain in Bolsa Chica Street that is part of the drainage system for the neighboring Brightwater community. Windward will utilize Brightwater’s Coastal Commission-approved (CDP 5-05-20) storm drain system which uses a state of the art filtration system (STORMFILTER) to treat runoff before it is discharged into the Bolsa Chica lowlands. The system uses storm drain pipes to convey runoff to an underground concrete structure where it flows through a number of media filter cartridges that remove pollutants from the water before discharging it. The entire drainage area for Windward was included in the design of the Brightwater storm drain system so there is sufficient capacity in the system to accommodate flows from the property. The Best Management Practices (BMPs) included in the Brightwater Water Quality Management Plan were also designed to treat runoff from Windward. An amendment to the Brightwater Water Quality Management Plan (WQMP) to incorporate the Windward project will be submitted to the city. 6.3.4 Domestic Water Plan The Water Plan for Windward is depicted on Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates both the backbone water and fire lines and backflow devices that will be constructed as part of the residential development. The proposed Windward water system will connect to an existing 8-inch City water main along Bolsa Chica Street. The on-site water pipelines will be installed to provide the flows required for residential development and occupancy. The Windward development will have one master domestic water meter. The domestic water line will be public up to the master water meter located within the Bolsa Chica Street right-of-way and will be private beyond the water meter. A backflow device will be set back from the property line based on City requirements and screened from view. A separate fire service will be provided for private fire hydrants as the Huntington Beach Fire Department does not allow fire hydrant connections to private domestic water lines. The fire line will have a separate backflow preventer. The fire line will be public up to the backflow preventer located 324 within the Bolsa Chica Street right-of-way and private beyond. The onsite fire hydrants will be private. The backflow preventer will be set back from the property line based on City requirements and screened from view. The public domestic water and fire water improvements will be constructed to meet City Water Division Standards and Fire Department’s codes, standards, and specifications. The landscape area along the east side of Bolsa Chica Street is currently being maintained by the Brightwater Maintenance Corporation as per License Agreement executed with the City by Signal Landmark. The improvements covered by the agreement include landscaping (irrigation systems and plant material) as well as the entry monumentation. If the project proceeds with the acquisition alternative, Brightwater Maintenance Corporation will continue to maintain the landscape area along the east side of Bolsa Chica. If the project proceeds with the development alternative, the maintenance association formed for the Windward community will be responsible for the maintenance of this landscape area and the License Agreement with the City will be amended accordingly. 6.3.5 Wastewater Plan The Wastewater Plan for Windward is depicted Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates the backbone sewer lines that will be constructed as part of the residential development. These lines will connect to existing sewer lines within Bolsa Chica Street, which have been sized to service this project. 6.3.6 Utilities and Services It is anticipated that utility services for the Windward project will be provided by Southern California Edison (SCE), Southern California Gas Company (SCG), Verizon (for telephone), and Time-Warner Cable (for television/computer cable modem) or their respective successor company, if ownership of their assets and/or management should resources change hands. Electrical, gas, telephone, and Cable TV facilities are all located in utility easements adjacent to Los Patos Avenue and the Sandover project. Trash service will be provided by Republic Services. 325 Windward Specific Plan Storm Drain, Water and Wastewater Plan May 20180100ftNBolsa Chica StreetCity of Huntington Beach Exhibit 6-13 Los PatosAvenue LEGEND SandoverDrive ProposedFire Hydrant(Private) ! 12" SD Source: Stantec ProposedFire Hydrant(Private) 12" SD 18" SD 12" SD 12" SD 24" SD Public WaterLine to Meter !!Public FireWater Lineto ROW !Existing Storm Drain Line Proposed Storm Drain Line Catch Basin Existing Water Line Proposed Water Line(Private) Proposed Domestic WaterBackflow Device Existing Sewer Line Proposed Sewer Line Proposed Sewer Manhole! Proposed Fire WaterLine (Private) Proposed Fire WaterBackflow DeviceProposed Water Line(Public) Proposed Fire WaterLine (Public) 326 6.4 Adopted Mitigation Measures 1. Prior to any development, the project developer shall retain a City-approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. The approved Archaeologist shall prepare an Archaeological Mitigation and Monitoring Plan (AMMP) to be submitted with the coastal development permit application. The AMMP shall: a. Specify that controlled archaeological grading shall occur across the entire Windward Specific Plan area where any project grading or earthwork of any kind will occur. All site grading, including archaeological grading, shall require approval of a coastal development permit and a City grading permit. The required archaeological grading shall occur prior to issuance of a precise grading permit for residential development of the project site. b. Controlled archaeological grading shall consist of using mechanized equipment where the upper soil layers are removed in approximately 2 centimeter depth increments by a mechanical scraper, under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas of individual swaths the width of the mechanical scraper blade in order to maximize the opportunity for discovery of cultural artifacts present on site. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. The depth at which archaeological grading may cease (when sterile soil is reached) shall be specifically defined and described in the AMMP. Controlled archaeological grading methods have been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa and are to be applied at the Windward site with the goal that, in the event any resources remain on-site, they will not be overlooked. c. Require that all controlled archaeological grading be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. d. Specify that, in consultation with the appropriate Native American(s) preservation in place is preferred when appropriate and feasible and shall describe the specific methods to be employed for recovery and/or preservation in place of artifacts discovered during controlled archaeological grading or otherwise discovered at the site. e. Specify that the approved development footprint shall not constrain on-site preservation options. 327 f. Describe the protocol for the mitigation of cultural resources discovered on-site through development of a Research Design Plan, to include, but is not limited to: i. The preference to preserve in place; ii. The procedure for determining when significance testing is or is not required; iii. Significance testing methods and procedures; iv. Laboratory analysis methods; v. Curatorial methods and requirements for archaeological finds that are approved to be removed from the site, including identification of an acceptable curatorial repository for all recovered materials approved for removal from the site. The AMMP Research Design Plan shall acknowledge and require that all curatorial fees shall be paid by the project developer. vi. Standards of reporting requirements. 2. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation-in-place plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. 3. If human remains are discovered during construction or any earth-moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny 328 scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in No. 4 below shall apply. 4. Require that all construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP Research Design Plan. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground-disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. 5. Prior to the approval of the coastal development permit and any grading permit, the project developer shall provide written evidence to the City (or appropriate approval authority) that a City-approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. 6. A qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during the peak blooming period for the year. The required Southern tarplant survey shall be submitted with the coastal development permit application. If Southern tarplant is present on-site, appropriate methods to protect it shall be considered as part of the coastal development permit review. At a minimum, any substantial occurrence (at least 500 mature individuals) shall be preserved on-site or relocated to open space areas in the Bolsa Chica area. Preservation on-site is preferred if appropriate and feasible. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist for review and approval of the permit issuing authority prior to issuance of any approved coastal development permit and implemented prior to the onset of construction. 329 7. Focused burrowing owl surveys shall be conducted on the project site in accordance with the California Burrowing Owl Consortium (CBOC) and California Department of Fish and Wildlife (CDFW) established protocols. The survey(ies) shall be submitted with the coastal development permit application. If the surveys reveal evidence of active burrowing owl(s) presence on-site, appropriate methods of protection shall be considered as part of the coastal development permit review. The following may be considered, but different and/or additional protection measures may be deemed appropriate depending upon the contents of the survey and actual conditions at the time of coastal development permit review. The approved development footprint shall not constrain on-site active burrowing owl protection options. • If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. • If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. • If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be increased based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. • If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell Property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat, but shall not be relied upon to provide the required 6.5 acres of foraging habitat. 330 Exhibit E Amended Zoning Map Legend RL: Residential Low Density RMH: Residential Medium High Density SP-15: Specific Plan 15 (Brightwater) SP-16: Specific Plan 16 (Windward) CC: Coastal Conservation CZ: Coastal Zone Overlay 331 332 333 334 335 Specific Plan SP 16 City of Huntington Beach May 2018 336 SP 16 WINDWARD SPECIFIC PLAN City of Huntington Beach Adopted by City Council on ______ (CC Resolution #__) Certified by California Coastal Commission on _______ SUBMITTED TO: CITY OF HUNTINGTON BEACH Planning Department 2000 Main Street Huntington Beach, CA 92648 PREPARED BY: FORMA Coastal Planning and Documentation 3050 Pullman Street Costa Mesa, CA 92626 May 2018 337 1 INTRODUCTION 1.1 Location and Existing Conditions ................................................................................ 1-1 1.2 Project Area Background ............................................................................................ 1-1 1.3 Summary of Land Use Plan and Zoning Designations ................................................. 1-7 1.4 Authority and Scope for Specific Plan ....................................................................... 1-11 1.5 Purpose and Intent .................................................................................................... 1-11 1.6 Objectives of the Windward Specific Plan ................................................................ 1-12 1.7 General Plan Consistency .......................................................................................... 1-13 2 DEVELOPMENT PLAN 2.1 Land Use Plan .............................................................................................................. 2-1 2.2 Residential Development ............................................................................................ 2-2 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent ...................................................................................................... 3-1 3.2 Applicability ................................................................................................................. 3-1 3.3 Windward Residential Parcel Development Standards .............................................. 3-1 3.4 General Regulations: Windward Residential Parcel .................................................. 3-5 3.5 Windward Open Space Parcel Development Standards ............................................. 3-9 3.6 City Property Open Space Improvements................................................................. 3-10 3.7 Compliance with Mitigation Measures ..................................................................... 3-11 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses .......................................... 4-1 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property ................................................................... 4-4 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary ..................................................................................................................... 5-1 5.2 Key Definitions ............................................................................................................ 5-1 5.3 Required Approvals ..................................................................................................... 5-1 5.4 Conditions Precedent to Required Approvals Becoming “Operative” ....................... 5-3 5.5 Development Agreement No. 16-001 ......................................................................... 5-5 5.6 Enforcement of the Specific Plan/LCPA ...................................................................... 5-5 5.7 Methods and Procedures ............................................................................................ 5-5 5.8 Maintenance Mechanisms .......................................................................................... 5-6 6 APPENDICES 6.1 Architectural Character ............................................................................................... 6-1 6.2 Residential Landscape Design Concept ....................................................................... 6-3 6.3 Infrastructure ............................................................................................................ 6-26 6.4 Adopted Mitigation Measures .................................................................................. 6-34 Attachment A – Ridge Settlement (Under Separate Cover) Attachment B – Consent and Restoration Orders (Under Separate Cover) 338 1 INTRODUCTION 1-1 Vicinity Map ..................................................................................................................... 1-2 1-2 Aerial Photograph ............................................................................................................ 1-3 1-3 Existing and Proposed Land Use Plan Designations ........................................................ 1-9 1-4 Existing and Proposed Zoning Map Designations .......................................................... 1-10 2 DEVELOPMENT PLAN 2-1 Land Use Plan ................................................................................................................... 2-3 2-2 Illustrative Site Plan ......................................................................................................... 2-4 3 DEVELOPMENT STANDARDS 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4-1 Open Space and Resource Conservation Plan ................................................................. 4-6 5 ADMINISTRATION AND IMPLEMENTATION 6 APPENDICES 6-1 Architectural Style ............................................................................................................ 6-2 6-2 Residential Landscape Plan .............................................................................................. 6-5 6-3 Community Signage ......................................................................................................... 6-6 6-4 Community Recreation Area Plan .................................................................................... 6-7 6-5 Wall and Fence Plan ......................................................................................................... 6-8 6-6 Wall and Fence Elevations ............................................................................................... 6-9 6-7 Trails Plan and Section ................................................................................................... 6-10 6-8 Public Access Signage Plan ............................................................................................. 6-11 6-9 Circulation Plan .............................................................................................................. 6-27 6-10 Common Vehicular Driveway Sections .......................................................................... 6-28 6-11 Grading Plan ................................................................................................................... 6-29 6-12 Cut and Fill Plan.............................................................................................................. 6-30 6-13 Storm Drain, Water, and Wastewater Plan ................................................................... 6-33 List of Tables 2 DEVELOPMENT PLAN 2-1 Land Use Summary Table ........................................................................................... 2-1 4 OPEN SPACE/PASSIVE PARK PLAN 4-1 Conceptual Open Space Native Plant Palette ............................................................ 4-3 6 APPENDICES 6-1 Residential Landscape Plant Palette ........................................................................ 6-12 339 1 INTRODUCTION 1.1 Location and Existing Conditions The Windward Specific Plan area (Specific Plan Area) is located at the southeast corner of Bolsa Chica Street and Los Patos Avenue in the City of Huntington Beach (City) on what is commonly referred to as the Bolsa Chica Mesa (Exhibit 1-1, Vicinity Map). The Specific Plan Area encompasses approximately 5.3 acres of undeveloped land, of which, at the time of adoption of the Windward Specific Plan, approximately five acres (Windward Property) are privately owned by Signal Landmark (Signal) and 0.3-acres are owned by the City (City Property). The Specific Plan Area is square in shape, with the western half relatively flat (elevation 47 to 51 feet), while the center portion of the eastern half gently slopes down to the east to an elevation of approximately 36 feet. Historically, the Specific Plan Area was used almost exclusively for agricultural purposes, but from 2006 to 2011 the southwest corner of the Specific Plan Area was used as a storage and staging area for construction of the neighboring Brightwater Community. The Windward Property has not been used for construction staging since 2011 when the construction trailers and all but one of the storage containers were removed. The City Property is currently used as an informal trail by the public as a connector trail between the public trails of the Parkside property to the east of the Specific Plan Area and Bolsa Chica Street and the public trails of Brightwater and the Bolsa Chica Ecological Reserve to the west and south. Directly west of the site across Bolsa Chica Street is the Sandover neighborhood which is comprised of nineteen single family detached homes on 6,000 square foot lots. On the north are apartment and condominium complexes. To the east lies an open space/conservation area that is part of the Parkside project. On the south is an undeveloped 6.2-acre property located in unincorporated Orange County and owned (at the time of adoption of the Windward Specific Plan) by the Goodell Family Trust (Goodell Property). 1.2 Project Area Background 1.2.1 Zoning History The Windward Property has been owned by Signal or its predecessor company, Signal Oil, since the 1920s and is the last remnant of Signal’s once vast landholdings at Bolsa Chica. Originally in an unincorporated area of Orange County, the Windward Property was annexed into the City in 1970 as part of a ten-acre parcel that now contains the Sandover neighborhood. At the time it was annexed, both the City’s General Plan and Zoning Map land use designations for the Windward Property were for low density residential uses. 340 Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp.,NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand),MapmyIndia, © OpenStreetMap contributors, and the GIS UserCommunity Windward Specific Plan Vicinity Map May 201802,000 ftNCity of Huntington Beach Exhibit 1-1 PROJECTSITEkj 341 Windward Specific PlanAerial PhotographMay 20180300ftNBolsa Chica StreetCity of Huntington BeachExhibit 1-2Los Patos AvenueBrightwater DriveWINDWARDSPECIFIC PLANWarner AvenueBRIGHTWATER342 After the Coastal Act was enacted in 1976, the City submitted a proposed Land Use Plan to the Coastal Commission for certification. The Windward Property was designated as Open Space Recreation (subsequently changed to Open Space-Park) on the City’s Land Use Plan, which was certified by the Coastal Commission in 1982. In 1984, the City re-zoned the property to Residential Agricultural (RA) to reflect the agricultural uses on the Windward site at the time and determined that the RA zoning was consistent with the Open Space-Park land use designation. A massive housing and marina development once proposed for Bolsa Chica never occurred. Instead, much of the Bolsa Chica property was set aside as open space, including a large restored wetland area in the lowland, and a mix of open space and residential uses on the Bolsa Chica Mesa. In 1999, the City approved the development of single family homes on the five-acre site at the southwest corner of Los Patos and Bolsa Chica Street, known as the “Sandover” project. At that time, Signal dedicated to the City the City Property, a 13,350 square foot strip of land at the southeast corner Bolsa Chica Street and Los Patos Avenue, for open space-park uses. No other public open space was provided with the Sandover project, a private, locked gate residential community. The City Property is currently undeveloped and used informally by the public as a connector trail between the Parkside property’s public trails and amenities to the east of the Specific Plan Area and Bolsa Chica Street and the public trails and amenities to the west and south. In 2005, the County and the Coastal Commission approved a 349 single family home development with public trails and amenities on 68 acres of the Bolsa Chica Mesa known as Brightwater, adjacent to Sandover. 1.2.2 The Ridge Project In 2008, Signal proposed a General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) to permit the construction of 22 single family homes on the Windward Property and construction of a trail on the City Property previously dedicated to the City in conjunction with the City’s approval of the Sandover development. The project, then known as The Ridge, was approved by the City in 2010. In approving the entitlements for the project, the City indicated that the change in land use from Open Space/Park to Low Density Residential was appropriate because it had no plans to acquire the Windward Property for public recreation purposes. The Ridge project entitlements included a General Plan Amendment, Local Coastal Program Amendment, a zone change from Residential Agricultural (RA) to Low Density Residential, and a subdivision map. To comply with CEQA, the City adopted a Mitigated Negative Declaration (MND) for the proposed project. Because the 343 Windward Property lies within the Coastal Zone, the California Coastal Commission (CCC) must approve any amendments to the City’s Local Coastal Program (LCP). Therefore, the City submitted the LCP Amendment to the Coastal Commission for approval. In August 2010, the Bolsa Chica Land Trust filed litigation challenging the City’s approval of the MND, claiming that the City should have prepared an Environmental Impact Report (EIR), rather than approving a MND. The CEQA litigation was stayed pending the outcome of the Coastal Commission’s decision on the project. In June 2014, the City withdrew the LCP Amendment from consideration by the CCC. In an effort to resolve the pending CEQA litigation, Signal, the City, and the Bolsa Chica Land Trust agreed to enter into facilitated settlement discussions. In April 2016, after nearly fifteen months of discussions, the three parties successfully negotiated a settlement (Settlement, Attachment A). In addition to resolving the litigation, the Settlement would bring closure to the decades-long controversy regarding development of Bolsa Chica by providing a viable path to resolving the land use of the last privately-owned land at Bolsa Chica for which future land use remained uncertain. In addition to the Windward Property, the Settlement also addresses the potential for the Windward property owner to deed restrict the Goodell Property to open space and resource conservation uses. At the time of approval of the Windward Specific Plan, Signal holds an option to acquire the Goodell Property (Goodell Option). The Goodell Property is currently an unincorporated County “island” surrounded by land under the City’s jurisdiction. The Goodell Property is zoned for medium low density residential (6.5 – 12.5 du/ac) by the County. In 2009, in anticipation of annexing the Goodell Property, the City pre-zoned 3.2 acres of the Goodell Property adjacent to Bolsa Chica Street for low density residential, 2.0 acres as Open-Space Parks, and one acre as Coastal Conservation. These designations were not certified by the California Coastal Commission (as any annexation of the Goodell Property by the City would have required an LCP amendment). Since the Goodell Property is not in the City and is not subject to regulation by the City, Signal is not legally obligated to restrict use of the Goodell Property through the Windward Specific Plan. Nonetheless, as an integral part of the Settlement, the Goodell Property is incorporated within the Windward Specific Plan to facilitate protection of the approximately 2.5-acre easterly portion of the 344 Windward Property (Windward Open Space Parcel 1) and the Goodell Property together as part of an 8.7-acre open space and resource conservation area under one of the two alternate, but parallel, approaches to the future use of the Windward Property contemplated by the Settlement and set forth in this Specific Plan. Any conveyance of and use restrictions imposed on the Goodell Property as described in the Windward Specific Plan are voluntary on the part of the owner of the Windward Property (Windward Owner) for the purpose of effectuating the Settlement and not the result of regulations imposed on the Goodell Property by either the City or, if the Windward Specific Plan is incorporated into the City’s certified Local Coastal Program, the Coastal Commission. However, without implementation of one of the two alternatives for the Goodell Property described in Section 5.2.1b of this Specific Plan, this Windward Specific Plan becomes moot and the land use designation Open Space Parks and zoning Residential Agriculture remain the certified LCP land use designation and zoning on the Windward site. 1.2.3 The Settlement’s Two Alternative Approach Acquisition Alternative – The Settlement provides an opportunity to preserve both the entire Windward Property and the Goodell Property for open space and conservation uses (Acquisition Alternative). Pursuant to the Settlement, Signal independently entered into an option agreement with the Trust for Public Land (TPL) for the purchase by TPL of both the entire Windward and Goodell Properties (TPL Option). Founded in 1972, TPL is a nationwide non-profit organization that acquires land from private owners and conveys it into public or non-governmental organization ownership for conservation or public park purposes. Since its inception, TPL has protected 3.3 million acres of land in over 5,400 separate acquisitions. The TPL Option grants TPL an eighteen-month period (commencing in April 2016) in which to raise funds to purchase both the entire Windward and Goodell Properties. The TPL Option will expire in October 2017, unless extended. The purchase price has been determined by an independent third party appraisal. Signal is cooperating with TPL in pursuit of the Acquisition Alternative. If the Acquisition Alternative is successful and becomes effective, this Specific Plan will not be effective and will be moot. Development Alternative – Because it is unknown whether or not the Acquisition Alternative will be successful, the Settlement allows Signal to pursue 1 The approximately five-acre Windward Parcel is a single legal parcel, but in the event the Development Alternative is exercised the developer will need to pursue a subdivision of the Windward Parcel in compliance with the Specific Plan Implementation Measures (Ch. 5) and the Subdivision Map Act to create the Windward Residential and Windward Open Space Parcels. 345 – concurrently with TPL’s pursuit of acquisition funds to exercise the Acquisition Alternative (TPL Option) – entitlements for residential development on the approximately 2.5-acre westerly portion of the Windward Property adjacent to Bolsa Chica Street (Windward Residential Parcel), only when the Windward Open Space Parcel and the Goodell Property have been restricted and conveyed for open space and resource conservation uses only (Development Alternative). Consistent with the Settlement, the Windward Specific Plan will designate the Windward Residential Parcel for medium density residential use, with the implementation of that use subject to and allowed only with the implementation measures set forth in Chapter 5 of the Windward Specific Plan (Implementation Measures). The Windward Open Space Parcel (i.e., the remaining easterly 2.5 acres of the Windward Property) will be land use designated Open Space – Park upon exercise of the Development Alternative. Taken together, the Implementation Measures shall ensure that prior to issuance of a coastal development permit and any grading permit(s) for the Windward Residential Parcel, the following actions must occur: • Deed restrictions limiting the Windward Open Space Parcel and the Goodell Property (upon exercise of the Goodell Option) to open space and resource conservation uses must be executed and recorded. • An irrevocable offer to dedicate the Windward Open Space Parcel to an approved public agency or a conveyance of fee title of the Windward Open Space Parcel to an approved qualified nonprofit entity such as the Bolsa Chica Land Trust (BCLT) or another accredited, approved qualified nonprofit entity must be executed and recorded. The offer or conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses. • An irrevocable offer to dedicate the Goodell Property (upon exercise of the Goodell Option) to an approved public agency or a conveyance of fee title of the Goodell Property to an approved qualified nonprofit entity such as the BCLT or another accredited land trust must be executed and recorded. The offer or conveyance must restrict the Goodell Property to open space and resource conservation uses. Since the Goodell Property is not in the City and is not subject to regulation by the City, Signal is not legally obligated to restrict use of the Goodell Property through the Windward Specific Plan. However, all parties to the Settlement have identified restriction of use of the Goodell Property (for which Signal holds an option to acquire) as partial consideration for effectuating the Settlement. Therefore, the proposed conveyance and/or restriction of the Goodell Property as proposed in this Settlement Agreement are a voluntary but necessary 346 1. Introduction May 2018 1-8 commitment by Signal in order to effectuate the Settlement. Chapter 5 further addresses these actions. 1.3 Summary of Land Use Plan and Zoning Designations The current land use designation for the Windward Property, as well as the City Property, in the City’s Local Coastal Program, as well as the General Plan, is Open Space ‐ Parks (OS‐P). The current zoning designation for the Windward Property, as well as the City Property, is Residential Agriculture (RA) with a Coastal Zone overlay (Exhibit 1‐3, Existing and Proposed Land Use Plan Designations, and Exhibit 1‐4, Existing and Proposed Zoning Map Designations). The Open Space ‐ Parks land use designation allows public parks and recreational facilities. The RA zoning allows agricultural uses, single family dwellings (one dwelling unit per five acres), nurseries and temporary uses such as storage yards. Upon effectiveness of the Implementation Measures required in Chapter 5 herein (following exercise of the Development Alternative), the land use designation for the Windward Residential Parcel in the LCP and General Plan would change to Residential Medium Density (RM) (as shown on Exhibit 1‐3,) and the Windward Open Space Parcel would be land use designated Open Space – Park he City Parcel would retain the current OS‐P land use designation. As shown on Exhibit 1‐4, the zoning for the entire Specific Plan Area will be SP (Specific Plan) with a Coastal Zone Overlay. 347 Windward Specific PlanExisting and ProposedLand Use DesignationsMay 2018City of Huntington BeachExhibit 1-3Warner AvenueBolsa Chica StreetLos PatosAvenueLEGENDResidential Medium Density (RM)Open Space - Park (OS-P)SandoverDrive0100ftNBolsa Chica StreetLos PatosAvenueLEGENDOpen Space - Park (OS-P)SandoverDriveOS-P5.3 AC.OS-P2.8 AC.RM2.5 AC.348 Windward Specific PlanExisting and ProposedZoning Map DesignationsMay 2018City of Huntington BeachExhibit 1-4Warner AvenueBolsa Chica StreetLos PatosAvenueLEGENDSpecific Plan (SP 16) with Coastal Zone OverlaySandoverDrive0100ftNBolsa Chica StreetLos PatosAvenueLEGENDResidential Agriculture withCoastal Zone OverlaySandoverDriveResidential Agriculture(Coastal Zone Overlay)SP 16(Coastal Zone Overlay)349 1.4 Authority and Scope for Windward Specific Plan The authority to prepare, adopt, and implement specific plans is granted to the City by the California Government Code (Title 7, Division 1 Chapter 3, Article 8, Sections 65450 through 65457). Specific plans are generally designed to: 1. Provide greater level of detail than a traditional zoning ordinance and to serve as a tool to tailor development policies and regulations to a particular site; 2. Provide more specific site development standards to create appropriate land use designations and design criteria that addresses project-specific issues; and 3. Provide decision makers with the opportunity to comprehensively review a land use plan in its entirety at the outset in order to consider land use compatibility, circulation, infrastructure and other issues related to development of a site. The Windward Specific Plan will be used by the City to implement the City’s Local Coastal Program and General Plan for the Windward Property. The Windward Specific Plan contains all the applicable land use regulations and thus constitutes the zoning ordinance for the Windward Property. The development standards contained in the Windward Specific Plan will take precedence over conflicting provisions of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), unless otherwise noted. 1.5 Purpose and Intent The Windward Specific Plan is intended to provide a mechanism for resolving the litigation related to the site described previously, but more importantly to bring closure to the decades-long controversy regarding development of Bolsa Chica by providing a viable, two option (Acquisition Alternative and Development Alternative) path to resolving the land use of the last remaining properties at Bolsa Chica for which future land use remains uncertain. Further, the Specific Plan’s purpose and intend is to assure maximum protection of these sensitive lands, while acknowledging the private property owner’s limited, reasonable, investment backed expectations. Under the Acquisition Alternative, the Specific Plan provides measures to assure maximum preservation of the sensitive resources of both the entire Windward and Goodell Properties by assuring preservation of both as conservation open space in perpetuity. Under the Development Alternative, the Specific Plan will maximize preservation of sensitive resources by preserving the entire Goodell Property and half of the Windward property as conservation open space. The Development Alternative provides the City with a comprehensive planning program to direct the creation of proposed residential and open space areas contained within the Windward Property. Under the Development Alternative, the Windward Specific Plan provides a description of the land uses and restrictions, public facilities, circulation, infrastructure, 350 development standards, and implementation measures to ensure the Windward Property is developed in a manner consistent with protecting the sensitive resources of the site and surrounding area and with the City’s LCP and vision for the site. It also allows the City to consider a comprehensive planning approach for the open space and conservation uses at the site and in conjunction with the City Property and the neighboring Goodell Property. Under the Development Alternative, the regulations contained in the Windward Specific Plan ensure that development of the Windward Property is designed in concert with and to assure protection and continuance of the surrounding open space assets. The Development Alternative may only proceed in the event both the Goodell Property and the Windward Open Space Parcel are legally preserved as conservation open space in perpetuity. Because the Windward Property lies within the Coastal Zone, special consideration is given to fulfilling the objectives of the California Coastal Act as expressed in policies promulgated in the City’s Local Coastal Program and in the public access and recreation policies of Chapter 3 of the Coastal Act. In the case of the Windward Property, public access and resource protection – including both biological and cultural resources – are the two most relevant Coastal Act issues to be addressed. The Windward Specific Plan, along with a corresponding General Plan Amendment, will become effective after certification by the Coastal Commission as an amendment to the City’s Local Coastal Program (LCPA) and upon the filing of the required Notice of Certification with the Secretary of Resources as provided in Public Resources Code Section 21080.5(d)(2)(E). 1.6 Objectives of the Windward Specific Plan 1.6.1 Acquisition Alternative The Objective of the Windward Specific Plan Acquisition Alternative is to legally preserve the entirety of both the Windward Parcel and the Goodell Property as conservation open space in perpetuity. In addition, the Acquisition Alternative would implement the Ridge Settlement Agreement. 1.6.2 Development Alternative The Objective of the Windward Specific Plan Development Alternative, which can be implemented only after the Windward Open Space Parcel and the Goodell Property have both been legally preserved as conservation open space, is to: • Provide a comprehensive land use plan that creates the Windward Open Space Parcel (eastern 2.5 acres of the site) and the Windward Residential Parcel (western 2.5 acres of the site). Under the Development Alternative, the Windward Open Space Parcel is restricted to conservation uses only 351 (trail, public access and interpretive signage, bench, low trail fencing to protect habitat, and habitat restoration). Under the Development Alternative, the Specific Plan designates the location and intensity of land uses for the Windward Residential Parcel and conservation open space and public uses for the Windward Open Space Parcel and City Property. • Provide for limited residential development on a portion of the Windward Parcel (the Windward Residential Parcel) only after the Windward Open Space Parcel and the Goodell Property are legally preserved as open space conservation area in perpetuity. • Ensure compatibility with and protection and continuance of the sensitive biological and cultural resources and public access on to the Windward Property and surrounding land uses. • Implement the Ridge Litigation Settlement. • Provide housing opportunities in a location where housing is in high demand. • Provide public access by dedicating the Windward Parcel to an approved government agency or approved, qualified non-profit entity/organization, and creating public trail and amenities (bench, interpretive signage, habitat restoration) that allow the public to enjoy the open space while protecting resource conservation areas and allowing for public trail connections to surrounding public trails and amenities; and by improving existing public access on the City Property. • Design a residential community that promotes resource protection and maximizes open space by clustering development close to existing development. • Provide a mechanism whereby the Windward Specific Plan facilitates a comprehensive examination of the surrounding properties and consideration of future open space connections and passive public open space and resource conservation opportunities. • Establish development standards that prevent degradation of coastal resources and provide designs for open space that improve the current ecological value of the property. 1.7 General Plan (Coastal Element/Land Use Plan) Consistency The Windward Specific Plan will implement the following goals of the Huntington Beach General Plan (which includes the Coastal Element as the Land Use Plan component of its certified Local Coastal Program [Coastal Element Goals are identified below with the prefix C]): • LU4: Achieve and maintain high quality architecture, landscape and open spaces in the City; 352 • LU8: Achieve a pattern of land uses that preserves, enhances and establishes a distinct identity for the City's neighborhoods, corridors and centers; • LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical and social needs of existing and future residents of Huntington Beach; and • ERC1: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. • C1: Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs. • C2: Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. • C4: Preserve and, where feasible, enhance and restore the aesthetic resources of the City’s coastal zone, including natural areas, beaches, harbors, bluffs and significant public views. 353 2 DEVELOPMENT PLAN The Windward Development Plan is only applicable when and if the Goodell Property and Windward Open Space Parcel are legally preserved as open space in perpetuity as described in Chapter 5. The private residential development and related amenities described below may only be permitted after the open space preservation requirements have become effective. 2.1 Land Use Plan The Windward Land Use Plan, under the Development Alternative, is illustrated on Exhibit 2-1, Land Use Plan, and contains approximately 5.3 acres. Under the Development Alternative, the Windward Property is composed of the Windward Residential Parcel and the Windward Open Space Parcel. The Windward Property overlooks some of the lowland areas of Bolsa Chica owned by the State of California (CDFW BCER) to the south and the Parkside project open space area to the east. The site is across Bolsa Chica Street from the existing Sandover neighborhood at the intersection of Los Patos and Bolsa Chica Street and adjacent to apartments on the north. The Brightwater development, located approximately 300 feet from the Windward site, is south of Sandover and provides open space and public trails and amenities. Under the Development Alternative, the Windward Residential Parcel allows for a maximum of 36 residential dwelling units clustered adjacent to existing residential development (see Exhibit 2-2, Illustrative Site Plan). The non-residential land uses designated for the Windward Open Space Parcel and City-owned Parcel are intended primarily for passive open space and resource conservation uses which are described in Chapter 4, Open Space and Resource Conservation. Table 2-1 Land Use Summary Table Parcel Land Use Acres 1 Housing Units Density Windward Residential Parcel Residential - Medium 2.5 36 14.4 du/ac Windward Open Space Parcel & City-owned Parcel Coastal Conservation 2.8 Not Applicable Not Applicable 1 Precise acreages are 2.50 acres of Residential – Medium and 2.76 acres of Coastal Conservation. Acres are rounded to 2.8 acres throughout the Windward Specific Plan and reflect 2.5 acres on the Windward Open Space Parcel and the 0.3-acre City-owned Parcel. 354 2.2 Residential Development As identified in Table 2-1, the Windward Specific Plan Development Alternative contains a Residential – Medium land use category providing for a maximum of 36 residential dwelling units on the Windward Residential Parcel. In addition to the housing units, a private recreation area is provided at the northwest corner of the Windward Residential Parcel and may contain a swimming pool, gas grill, an outdoor fireplace, or similar amenities. Adjacent to the private recreation area, but outside the residential development area, at the southeast corner of Bolsa Chica Street and Los Patos Avenue, is the existing landscaped entrance to the Brightwater and Sandover neighborhoods, which will retain its existing use, including public access signage. The residential landscape and architectural design concepts (including project entry, private recreation area, wall and fence design, open space trail, and plant palette) are provided in the Chapter 6, Appendices. Development Standards are set forth in Chapter 3. 355 Coastal Conservation2.8 AC.Residential - Medium2.5 AC. Windward Specific Plan Land Use Plan May 20180100ftNBolsa Chica StreetCity of Huntington Beach Exhibit 2-1 Los PatosAvenue LEGEND Residential - Medium Coastal Conservation SandoverDrive 356 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 2-2 Illustrative Site Plan NORTH 0 100 ft 357 3 DEVELOPMENT STANDARDS 3.1 Purpose and Intent The purpose of this section is to provide specific development standards and regulations that will be applied to all new development permitted within the Windward Specific Plan Area. These regulations are intended to provide parameters in which a specific development proposal may be approved for the Windward Specific Plan Area which ensures consistency with applicable land use and zoning laws, including the Coastal Act. 3.2 Applicability The Windward Specific Plan shall be the zoning document for the Windward Specific Plan Area, which consists of the Windward Residential Parcel, the Windward Open Space Parcel, and the City Property, all as identified on Exhibit 2-2, Illustrative Site Plan. The Development Standards for the Windward Residential Parcel are set forth in Section 3.3 below. General Regulations for the Windward Residential Parcel are set forth in Section 3.4. The Development Standards for the Windward Open Space Parcel are set forth in Section 3.5. A general description of the open space improvements for the City Property is found in Section 3.6. Where there is a conflict between the provisions of the Windward Specific Plan and the HBZSO, the Windward Specific Plan shall apply. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. 3.3 Windward Residential Parcel Development Standards 3.3.1 Purpose A maximum of thirty-six residential dwelling units may be permitted on the approximately 2.5-acre Windward Residential Parcel, for an overall maximum density yield of approximately 14.4 dwelling units per acre. If ancillary or temporary uses are not proposed at the time a coastal development permit is sought for a primary use specified above, a coastal development permit amendment or new, separate coastal development permit may be required in accordance with the provisions of Chapter 245 of the HBZSO 3.3.2 Permitted Uses 1. Primary Uses. The following primary uses are permitted subject to issuance of a Conditional Use Permit and Coastal Development Permit from the Planning Commission 1 in accordance with the provisions of the this Specific Plan and the HBZSO, as either may be amended from time to time. 1 A coastal development permit approved in the Windward Specific Plan area is appealable to the Coastal Commission. 358 a. Residential duplexes; b. Single family detached homes; and c. Multi-family residential units. 2. Ancillary Uses. The following uses are permitted ancillary to the primary uses listed above: a. Community recreational amenities, including swimming pools, tot lots, fireplaces, barbecue area, and picnic facilities; and b. Accessory uses and buildings, subject to the provisions of Section 230.08 of the HBZSO. These uses include, but are not limited to, fencing 2, swimming pools, spas, therapy baths, water fountains, rock formations, freestanding barbecues and fireplaces, covered patios and decks, and detached accessory structures (such as non-commercial greenhouses, gazebos and storage sheds). 3. Temporary Uses. The following temporary uses are permitted subject to the provisions of the HBZSO: a. Home finder/sales center, including mobile homes or trailers, subject to Chapter 230 of the HBZSO; b. Model home complexes, subject to Chapter 230 of the HBZSO; c. Real estate signs relating to the sale, lease, or other disposition of real property on which the sign is located, subject to Chapter 233 of the HBZSO; and d. Other uses in conformance with Section 241.20 of the HBZSO. 3.3.3 Building Site Standards 1. Minimum Building Site Area – 2.5 acres. 2. Maximum Height of Individual Buildings a. Three (3) stories and 35 feet high. Roof decks and trellises shall not be considered a story. b. Building height is measured from finished floor to top of building. The finished floor elevation shall be a maximum of two (2) feet above the highest point of the curb adjacent to Bolsa Chica Street. 2 Fencing as described in Chapter 6, Appendices, Exhibit 6-5, Wall and Fence Plan, and Exhibit 6-6, Wall and Fence Elevations. 359 c. Roof deck trellises are permitted up to a maximum of ten (10) feet above the roof deck floor and shall meet the following criteria: 1) Setback a minimum of five (5) feet from the edge of the roof or adjacent unit; 2) No more than 150 square feet in area; 3) Open on three (3) sides; and 4) Lattice design only. d. Roof equipment, including but not limited to elevators, may exceed the maximum height by an additional ten (10) feet. 3. Minimum Setbacks of Individual Buildings a. Front Setback (Bolsa Chica Street Right of Way) – 15 feet. b. Side Setback (from City Property Open Space Lot) – 9 feet. c. Rear Setback (from Windward Open Space Parcel) – 13 feet. d. No setback from the first floor (upper story setback) is required for the second or third floor. 4. Minimum Distance Between Buildings – 10 feet 5. Maximum Cumulative Lot Coverage of all Individual Buildings – 50 percent of entire Windward Residential Parcel. 3.3.4 Open Space Requirements for the Windward Residential Parcel 1. Private Open Space a. Each dwelling unit shall have a minimum of 300 square feet of private open space. b. A maximum of 50 percent of the required private open space may be satisfied with usable roof deck area. Private balconies and ground floor open space (rear yards and private patios) shall make up the additional required private open space. c. Balconies shall have a horizontal rectangle shape which has a minimum dimension of six (6) feet. d. Ground floor open space, including rear yards, shall have a horizontal rectangle shape which has a minimum dimension of eight (8) feet. e. Roof decks shall have a horizontal rectangle shape which has a minimum dimension of ten (10) feet. 360 2. Common Open Space a. A common recreation area shall be provided for all residents which may include a pool, barbecue area, picnic area, seating area, or similar amenities. b. The common recreation area shall be a minimum of 3,800 square feet. 3.3.5 Parking Requirements 1. Enclosed Parking. Each residential unit shall have a minimum of two (2) enclosed spaces. 2. Guest Spaces. One (1) unenclosed guest space shall be provided within the development for each residential unit. Guest spaces shall not be assigned to individual residential units. 3.3.6 Affordable Housing Section 230.26 of the HBZSO requires that at least ten percent (10%) of all new residential construction shall be affordable units. The Windward Specific Plan provides 36 residential units. Therefore, the affordable housing requirement is 3.6 affordable units. Unless otherwise provided onsite, to satisfy this requirement, the City and the Windward Owner will enter into an agreement that provides for the payment of in lieu fees consistent with the City’s affordable housing fee program 3. 3.3.7 Prohibited Uses The following uses are prohibited on the Windward Residential Parcel: industrial uses; commercial uses, except home offices; billboards; signs which do not display information related to an activity, service, or commodity available on the premise as part of a home office use; and uses not expressly permitted in section 3.3.2. 3.3.8 Landscaping, Walls, and Fencing Landscaping, walls, and fencing within the Windward Residential Parcel shall be subject to the provisions established within Chapter 6, Appendices, of the Windward Specific Plan. The plant palette for the Windward Residential Parcel is derived from the Coastal Commission–approved plant palette for the neighboring Brightwater community. The goal of the Windward Residential Parcel plant palette includes assuring that plantings within the residential area will be compatible with the habitat values of the surrounding open space. Table 6-1, Residential Landscape Plant Palette, in Chapter 6 identifies both the plant species approved for use within the Windward Residential Parcel and those that are 3 Per Section 230.26 of the HBZSO any fractional amount may be paid with an equivalent in-lieu fee. 361 prohibited. Thirty-six-inch box trees required by Section 232.08.B of the HBZSO may be located in common or private open space areas. All perimeter fencing shall be consistent with the fencing described in Exhibit 6-5, Wall and Fence Plan, and Exhibit 6-6, Wall and Fence Elevations. 3.3.9 Signs and Outdoor Lighting All signs and outdoor lighting shall be in accordance with Chapters 232 and 233 of the HBZSO. Outdoor lighting shall adhere to “dark sky” regulations and be designed to provide adequate illumination of on-site areas without intruding upon surrounding properties or environmentally sensitive areas. 3.3.10 Utilities A residential development project shall be required to install adequate utility services necessary to serve the development. All utilities shall be placed underground in identified easements, excluding streetlights and electrical transmission 66kV or greater. Utility systems shall be designed to conserve the use of electrical energy and natural resources. Developers shall coordinate with electricity, telephone and cable television companies regarding energy conservation and proper planning, phasing and sizing of lines. 3.3.11 Home Occupations Home occupations shall be in accordance with Section 230.12 of the HBZSO. 3.3.12 Lots and Buildings Lots and buildings shall be as depicted on the approved Final Tract Maps and the final Project-Level Site Development Plan, as generally depicted on Exhibit 2-2, Illustrative Site Plan. In the case of discrepancies between this Chapter, the HBZSO, and/or the Tract Maps or Site Development Plan, the Tract Maps and Site Development Plan of the approved coastal development permit shall take precedence. Development reflected in the Windward Specific Plan, including the Subdivision Map, is subject to approval of a coastal development permit. 3.4 General Regulations: Windward Residential Parcel Except where otherwise provided in the Windward Specific Plan, the following general regulations shall apply to the Windward Residential Parcel: 3.4.1 Common Vehicular Driveways Common Vehicular Driveways within the Windward Residential Parcel as shown on Exhibit 6-9, Circulation Plan, shall be maintained by the Windward 362 Homeowners Association. All entry controls such as, but not limited to, gates, guardhouses, and guards are prohibited. 3.4.2 Walls and Fences 1. Walls and fences shall be constructed as shown on Exhibit 6-6, Wall and Fence Elevations. The use of glass or other transparent medium in the perimeter walls adjacent to the open space area shall be prohibited. 2. No walls, fences, or other devices designed to restrict or preclude public access to the surrounding public open space areas (including, but not limited to, the City Property, the Windward Open Space Parcel, the Goodell and the Parkside property) are allowed except those approved as part of the Windward Specific Plan as necessary to protect habitat areas. 3.4.3 Covenants, Conditions and Restrictions (CC&Rs) 1. Prior to approval of a coastal development permit for the Windward Residential Parcel development, the Covenants, Conditions and Restrictions (CC&Rs) described below shall be submitted to the approving authority for review and approval prior to their recordation and, once approved, subsequent to their recordation. 2. Prior to recordation of the final tract map and the issuance of the first building permit for the Windward Residential Parcel, Covenants, Conditions and Restrictions (CC&Rs) as approved under the coastal development permit for the development of the Windward Residential Parcel shall be recorded against the Windward Residential Parcel stating, among other things, that the approving authority has authorized development on the Windward Residential Parcel, subject to terms and conditions that restrict the use and enjoyment of the Windward Residential Parcel, including as restricted through a coastal development permit and acknowledging the restrictions and Homeowners Association’s responsibilities on the Windward Residential Parcel, the adjacent Windward Open Space Parcel and the City Property. 3. The CC&Rs shall reflect, either in their main text or in an exhibit, all conditions of the Conditional Use Permit and Coastal Development Permit applicable to the development of the Windward Residential Parcel. 4. At the time of submittal of a coastal development permit application for development of the Windward Residential Parcel and at least 90 days before City Council action on the final map subdividing the Windward Property into the Windward Residential and Open Space Parcels, the CC&Rs shall be submitted to the Departments of Community Development, Public Works, and Fire and the City Attorney’s office for review and approval. 363 5. The CC&Rs shall be binding upon and run with the Windward Residential Parcel and be included or incorporated by reference in every deed conveying the Windward Residential Parcel and/or a condominium interest within the Windward Residential Parcel. 6. The CC&Rs shall provide for maintenance, repair, and replacement by the Windward Homeowners Association of all HOA-owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, common vehicular driveways, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP’s, and private service utilities. The CC&Rs shall also include the plant palette provided in Table 6-1, Residential Landscape Plant Palette, of the Windward Specific Plan which identifies the approved and prohibited plant species for the Windward Residential Parcel. 7. The CC&Rs shall provide that, upon sale of 90%4 of the residential units, the responsibilities for the following shall transfer from the property owner/developer to the HOA. These responsibilities shall include maintenance of the habitat installed pursuant to the Habitat Management Plan as described in Section 3.7 herein, maintenance, repair, and replacement by the HOA of public access and interpretive signage, landscaping, irrigation, public trail, trail fencing, and bench in the Windward Open Space Parcel (as such development is reflected in Section 3.5 herein and on Exhibit 6-7, Trails Plan and Section, and Table 4-1, Conceptual Open Space Native Plant Palette, of the Windward Specific Plan) until the Windward Open Space Parcel is legally transferred to an approved governmental agency or to an approved, qualified non-profit organization. Prior to sale of 90% of the residential units, the property owner/developer shall be responsible for these activities within the Windward Open Space Parcel. 8. The CC&Rs shall provide that, upon sale of 90% of the residential units, the responsibilities for the following shall transfer from the property owner/developer to the HOA. These responsibilities include maintaining the public access trail, public access signage, trail fencing, and landscaping on the City Property (per Windward Specific Plan as reflected in Section 3.5 herein and on Exhibit 6-7, Trails Plan and Section, and Table 4-1, Conceptual Open Space Native Plant Palette). In addition, the CC&Rs shall provide that the HOA shall execute a Landscape Maintenance Agreement with the City for the continuing maintenance including, but not limited to the landscaping, decomposed granite public access trail, public access signage, trail fencing, 4 90% of 36 units equals 32.4 units, which shall be rounded down to 32 units throughout this Specific Plan. 364 irrigation, and water quality and drainage features associated with the City Property. The Landscape Maintenance Agreement shall describe all aspects of maintenance, such as removal of trash, debris, and repair of silt buildup or erosion, removal/replacement of any dead, damaged vegetation, trimming and maintaining vegetation as necessary to assure that vegetation does not obscure or interfere with public use of the trail, or any other aspect of maintenance, repair, replacement, liability, and fees imposed by the City. Prior to sale of 90% of the residential units, the property owner/developer shall be responsible for these activities within the City Property. 9. The CC&Rs shall provide that neither the residents of the Windward Residential Parcel nor the HOA shall interfere with public use of the public access trails within the City Property and/or the Windward Open Space Parcel or close off either or both for the exclusive use of the residents of the Windward Residential Parcel at any time. 10. The CC&Rs shall include the approved Domestic Animal Control Plan, Pesticide Management Plan, Landscape Maintenance Agreement, and the Project Information Packet described in Section 3.4.4 Resource Protection below. 3.4.4 Resource Protection Each of the following shall be submitted with the coastal development permit application as part of the submitted CC&Rs and, once approved and accepted, be included in the CC&Rs described above. 1. A Domestic Animal Control Plan shall be prepared that details methods to be used to prevent pets from entering the Windward Open Space Parcel and/or any adjacent resource protection areas as defined in Section 216.04 of the HBZSO), including but not limited to, appropriate fencing and barrier plantings. The plan shall be approved by the Community Development Department (and all relevant approval authorities) and subsequently distributed to each homeowner. 2. A Pesticide Management Plan shall be prepared and subsequently distributed to each homeowner that, at a minimum, prohibits the use of rodenticides and prohibits the use of toxic pesticides and herbicides in outdoor areas, other than Vector Control conducted by the City, County, or Special District. 3. To ensure the continuance of habitat value and function of the adjacent Windward Open Space Parcel and all designated Environmentally Sensitive Habitat Areas in the vicinity, the developer shall provide any buyer of a housing unit within the project an Information Packet that explains the sensitivity of the natural habitats adjacent to the Windward Residential Parcel, the need to minimize impacts on the Windward Open Space Parcel and all resource 365 protection areas and designated Environmentally Sensitive Habitat areas in the vicinity, and the prohibition on the residential planting of exotic invasive plant species. The Information Packet shall include a copy of the approved plant palette and prohibited plant list, Domestic Animal Control Plan, and Pesticide Management Plan and shall be required to be distributed for all sales of housing units. The developer shall provide the City (and all approval authorities) with a copy of the information packet for review and approval. 3.5 Windward Open Space Parcel Development Standards Prior to the issuance of the first occupancy permit for a residential unit other than the first model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the Windward Open Space Parcel specified in Section 3.5.1. 3.5.1 Windward Open Space Parcel Improvements The public improvements for the Windward Open Space Parcel are described in Chapter 4, Open Space and Resource Conservation Plan, and include a decomposed granite trail, bench, trail fencing (as necessary to protect habitat, per Exhibit 6-7, Trails Plan and Section), public access directional signage and interpretive signage, and implementation of the approved Habitat Management Plan. The projector developer shall be responsible for maintaining all of these public improvements until sales of 90% of the Windward Residential units occurs, at which time the Windward HOA shall be responsible for maintaining all public improvements unless and until such time as the Windward Open Space Parcel is legally conveyed to an approved government agency or approved, qualified non- profit organization. a) Windward Open Space Parcel Signage 1. Trail Entrances. Signs shall be posted at the north and south entrances to the trail at Bolsa Chica Street directing the public to the trail heads as shown on Exhibit 6-8, Public Access Signage Plan. The north entrance to the trail at Bolsa Chica Street is located on the City Property. 2. Interpretive Sign. An interpretive sign shall be located along the trail within the Windward Open Space Parcel as shown on Exhibit 6-8, Public Access Signage Plan. The sign shall be consistent with Consent Cease and Desist Order No. CCC-12- CD-01 and Consent Restoration Order No. CCC-12-RO-01, both approved by the Coastal Commission on September 11, 2013 and shall include educational information about archaeological site CA ORA 86 and pre-historic and historical aspects of the Windward Open Space Parcel. 366 b) Windward Open Space Parcel Public Trail Windward Public Access Trail. Plans for the public access trail shall be submitted with the coastal development permit application for the Windward Residential Parcel. The trail shall be a minimum six (6) feet wide and shall connect to the public trail on the City Parcel to the north, then traverse southward across the Windward Open Space Parcel, then turn west along the southern side of the Windward site to connect to Bolsa Chica Street (as generally depicted on Exhibits 4-1, Open Space and Resource Conservation Plan, and 6-7, Trails Plan and Section). The trail shall be designed for future connection with public trail access on the Goodell Property. The plans for the trail and the trail itself shall include signage indicating public access and provide informational details about the entire coastal access path including length of the entire path to the Bolsa Chica Wetlands. c) Habitat Management Plan (HMP) A detailed Habitat Management Plan (HMP) describing and including, but not limited to, plant types, planting locations, success criteria, protection methods for the burrowing owl, and Southern tarplant, methods of maintenance and monitoring and reasoning for expected success of the HMP for the Windward Open Space Parcel shall be provided with the coastal development permit application for development of the Windward Residential Parcel. The HMP shall be compatible with the approved habitat of the adjacent Parkside Property and shall be compatible with and not interfere with existing and/or future habitat on the Goodell Property. The project developer shall be responsible for implementing and maintaining and monitoring the HMP. 3.6 City Property Open Space Improvements The public improvements for the City Property are described in Chapter 4, Open Space and Resource Conservation Plan, and shown on Exhibits 4-1, Open Space and Resource Conservation Plan, 6-7, Trails Plan and Section, and 6-8, Public Access Signage Plan. The City Property will serve as a trailhead to funnel pedestrians to and across the Windward Open Space Parcel as well as to connect with the Parkside Property public trails. Prior to the issuance of the first occupancy permit for a residential unit other than the first model home within the Windward Residential Parcel, the developer of the Windward Residential Parcel shall complete the public improvements for the City Property described in Chapter 4, including construction of the trail, signage, trail fencing, and landscape improvements. The property owner/developer shall be responsible for maintenance of these improvements until 90% of the residential units have been sold, at which time the Windward HOA shall assume responsibility for the maintenance of the City Property, as described in the CC&Rs. 367 3.7 Compliance with Mitigation Measures Consistent with the requirements of the City’s certified Local Coastal Program and with the Mitigation Measures from Negative Declaration No. 16-003, development of the Windward Residential Parcel shall comply with the following: A. Cultural/Archaeological Resources: 1. Prior to any development, the project developer shall retain a City-approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. The approved Archaeologist shall prepare an Archaeological Mitigation and Monitoring Plan (AMMP) to be submitted with the coastal development permit application. The AMMP shall: a. Specify that controlled archaeological grading shall occur across the entire Windward Specific Plan area where any project grading or earthwork of any kind will occur. All site grading, including archaeological grading, shall require approval of a coastal development permit and a City grading permit. The required archaeological grading shall occur prior to issuance of a precise grading permit for residential development of the project site. b. Controlled archaeological grading shall consist of using mechanized equipment where the upper soil layers are removed in approximately 2 centimeter depth increments by a mechanical scraper, under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas of individual swaths the width of the mechanical scraper blade in order to maximize the opportunity for discovery of cultural artifacts present on site. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. The depth at which archaeological grading may cease (when sterile soil is reached) shall be specifically defined and described in the AMMP. Controlled archaeological grading methods have been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa and are to be applied at the Windward site with the goal that, in the event any resources remain on-site, they will not be overlooked. c. Require that all controlled archaeological grading be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. d. Specify that, in consultation with the appropriate Native American(s) preservation in place is preferred when appropriate and feasible and shall describe the specific methods to be employed for recovery and/or 368 preservation in place of artifacts discovered during controlled archaeological grading or otherwise discovered at the site. e. Specify that the approved development footprint shall not constrain on- site preservation options. f. Describe the protocol for the mitigation of cultural resources discovered on-site through development of a Research Design Plan, to include, but is not limited to: i. The preference to preserve in place; ii. The procedure for determining when significance testing is or is not required; iii. Significance testing methods and procedures; iv. Laboratory analysis methods; v. Curatorial methods and requirements for archaeological finds that are approved to be removed from the site, including identification of an acceptable curatorial repository for all recovered materials approved for removal from the site. The AMMP Research Design Plan shall acknowledge and require that all curatorial fees shall be paid by the project developer. vi. Standards of reporting requirements. 2. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation-in-place plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. 3. If human remains are discovered during construction or any earth-moving activities, no further disturbance shall occur until the County Coroner has 369 made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in No. 4 below shall apply. 4. Require that all construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP Research Design Plan. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground-disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. B. Paleontology Resources Prior to the approval of the coastal development permit and any grading permit, the project developer shall provide written evidence to the City (or appropriate approval authority) that a City-approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. C. Southern Tarplant A qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during the peak blooming period for the year. The required Southern tarplant survey shall be submitted with the coastal development permit 370 3. Development Standards May 2018 3-14 application. If Southern tarplant is present on‐site, appropriate methods to protect it shall be considered as part of the coastal development permit review. At a minimum, any substantial occurrence (at least 500 mature individuals) shall be preserved on‐site or relocated to open space areas in the Bolsa Chica area. Preservation on‐site is preferred if appropriate and feasible. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist for review and approval of the permit issuing authority prior to issuance of any approved coastal development permit and implemented prior to the onset of construction. D. Burrowing Owl Focused burrowing owl surveys shall be conducted on the project site in accordance with the California Burrowing Owl Consortium (CBOC) and California Department of Fish and Wildlife (CDFW) established protocols. The survey(ies) shall be submitted with the coastal development permit application. If the surveys reveal evidence of active burrowing owl(s) presence on‐site, appropriate methods of protection shall be considered as part of the coastal development permit review. The following may be considered, but different and/or additional protection measures may be deemed appropriate depending upon the contents of the survey and actual conditions at the time of coastal development permit review. The approved development footprint shall not constrain on‐site active burrowing owl protection options. If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be increased based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell Property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat, but shall not be relied upon to provide the required 6.5 acres of foraging habitat. 371 4 OPEN SPACE AND RESOURCE CONSERVATION PLAN 4.1 Windward Open Space and Resource Conservation Uses The Windward Parcel property owner has requested adoption of the Windward Specific Plan to implement the open space and resource conservation vision of the Settlement. The zoning for the Windward Property is Specific Plan (SP-16 CZ), but within the Specific Plan the uses and restrictions of the certified LCP Implementation Plan (HBZSO) Chapter 216 Coastal Conservation District zone shall apply to the Windward Open Space Parcel, under the Development Alternative. The allowable uses common to both the City’s existing Open Space – Parks land use designation and the Coastal Conservation zoning are limited to pedestrian trails and observation platforms for passive nature study and habitat restoration. Consistent with those regulations, the uses for the Windward Open Space Parcel are limited to a public pedestrian trail, public access and interpretive signage, a public bench, a scenic overlook, habitat restoration, and limited fencing as necessary to protect habitat. The Open Space – Parks land use designation and Coastal Conservation zone provide a land use that is compatible with the use of the adjacent Parkside and Goodell properties. Although high density residential uses border the northern edge of the Windward Property and lower density residential is located immediately west of the site, the eastern and southern edges abut open space areas that serve important ecological functions and are an integral part of the Bolsa Chica environment. In 2012, the Coastal Commission approved the Parkside residential development project, which borders the Windward and Goodell Properties to the east. Due to concerns about the continuing viability of a grove of eucalyptus trees to function as Environmentally Sensitive Habitat (ESHA) and the presence of a wetland, the Commission designated approximately 18 acres of the western portion of the Parkside property as Open Space-Conservation to protect habitat, including ecological buffers and water quality treatment areas. As part of the project approval, the developer was required to prepare a Habitat Management Plan (HMP) for the areas of the property land use designated Open Space-Conservation, and zoned Coastal Conservation. The Parkside HMP calls for the area that abuts the Windward Open Space Parcel to be revegetated with native grasses and some scrub species. The area adjacent to the Goodell Property is planned for scrub/grassland and Coastal Sage Scrub revegetation. The Parkside HMP has been approved by the Coastal Commission and as of late 2017 is in the process of being implemented. The open space plan for the Windward Open Space Parcel also takes into consideration habitat restoration plans approved by the Coastal Commission on the adjoining Parkside property to ensure that the Habitat Management Plan, landscape plans, and plant palettes are compatible and complement one another. Accordingly, the permitted uses 372 and Habitat Management Plan for the Windward Open Space Parcel are/will be designed to be entirely compatible with the approved HMP for the Parkside project. The goal of the HMP for the Windward Open Space Parcel is to expand the three-acre grassland/scrub area on the western edge of Parkside onto the Windward Open Space Parcel creating an approximately 5.5-acre contiguous grassland/scrub area. The conceptual plant palette for the Windward Open Space Parcel is comprised of native grassland and scrub species. These species are listed on Table 4-1, Conceptual Open Space Native Plant Palette. The coastal development permit application for the project reflected in this Windward Specific Plan must include a Habitat Management Plan, to be implemented by the Windward project developer on the Windward Open Space Parcel, that provides the specifics of how the native grassland/scrub habitat will be implemented, including, but not necessarily limited to, plant palette, location and types of plantings, planting techniques, monitoring procedures, success criteria, methods for protecting burrowing owl and Southern tarplant (if present) and maintenance procedures. In addition, the HMP shall stipulate that no planting materials will be obtained from areas outside Los Angeles, Orange, and San Diego Counties, or farther than 10 mi from the coast. Those species that are only obtainable from commercial sources, such as native grasses, will be acceptable. All weed removal, soil preparation and planting reflected in the approved HMP shall be implemented prior to issuance of a certificate of occupancy for any Windward residential unit other than the first model unit. 373 TABLE 4-1 Conceptual Open Space Native Plant Palette Container Plants Scientific Name Common Name Plants/ac Cylindropuntia prolifera Coastal Cholla 150 Opuntia littoralis Coastal Prickly Pear 200 Plants from Seed Scientific Name Common Name Pounds/ac Ambrosia acanthicarpa Sand-Bur 5.00 Baccharis pilularis Coyote Bush 0.50 Bromus carinatus California brome 7.00 Camissoniopsis cheiranthifolia Beach Evening Primrose 0.25 Dichelostemma capitatum Blue Dicks 2.00 Distichlis spicata Salt Grass 1.00 Encelia californica California Encelia 0.75 Eriophyllum confertiflorum Long-Stemmed Golden Yarrow 0.25 Eschscholzia californica California Poppy 0.50 Festuca microstachys Pacific Fescue 5.00 Heliotropium curassavicum Alkali Heliotrope 0.75 Isocoma menziesii Coastal Goldenbush 2.50 Lasthenia californica Coastal Goldfields 0.25 Lupinus bicolor Miniature Lupine 2.00 Phacelia parryi Parry’s Phacelia 0.25 Plantago erecta California Plantain 3.00 Pseudognaphalium californica California Everlasting 0.25 Sisyrinchium bellum California Blue-Eyed Grass 1.50 Stipa lepida Foothill Needlegrass 6.00 Stipa pulchra Purple Needlegrass 8.00 Verbena lasiostachys Western Verbena 0.50 To facilitate public access on the Windward Open Space Parcel, a decomposed granite pedestrian trail is planned for the Windward Open Space Parcel that would connect to the City Property along the northernmost edge of the Windward Property, turning southerly to ultimately connect to trails that may, in the future, be located on the Goodell Property. However, initially, a trail loop would be created that starts at the southeast corner of Bolsa Chica Street and Los Patos Avenue extending easterly through the City Property and then southerly across the Windward Open Space Parcel and then turning westerly to intersect back at Bolsa Chica Street. The trail will be located at the highest elevation of the Windward Open Space Parcel providing an opportunity for a scenic overlook node offering trail users unobstructed views of the adjacent Parkside open space areas and of Saddleback Mountain in south Orange County. As shown on 374 Exhibit 4-1, Open Space and Resource Conservation Concept Plan, the trail would feature interpretive signage that would provide users with information regarding the property’s rich history. Ultimately, if the Goodell Property is acquired by a public agency or a qualified non-profit such as the Bolsa Chica Land Trust or other approved non- profit, the Windward trail could be extended onto the Goodell Property to create a network of trails that provide users with a variety of experiences. Maintenance of the public trail on the City Property shall be the responsibility in perpetuity of the homeowner’s association (HOA) formed for the Windward Residential Parcel. The project developer shall be responsible for maintenance of the public trail on the Windward Open Space Parcel until either: the Windward Open Space Parcel is acquired by a public agency or qualified non-profit, or, if not thusly acquired by the time 90% of the Windward residential units have been sold, by the Windward HOA unless and until such time as it is acquired by a public agency or qualified non-profit. These responsibilities shall be reflected in the final CC&Rs for the Windward project. 4.2 Open Space and Resource Conservation Concept Plan for the Windward Open Space Parcel and the City Property and the Goodell Property As described in Chapter 1, Introduction, the goal of the Settlement is to preserve as much as possible of the two remaining privately held parcels on the Bolsa Chica Mesa for which future uses remains uncertain. One alternative is for the Trust for Public Land (TPL) to purchase the entire 11.2 acres of privately owned property and preserve it as conservation open space. How the properties would ultimately be used under that alternative depends largely on what entity ends up holding title to the land, but in any case strictly for open space conservation purposes only. Under a scenario where both the Windward and Goodell Properties are purchased by TPL, the Windward Specific Plan would not take effect. The entire Windward Property would retain its current land use designation of Open Space - Parks. The Windward Specific Plan is being created to facilitate the second alternative of the Settlement (Alternative 2: Development Alternative), which allows medium density residential on the Windward Residential Parcel, with the Windward Open Space Parcel being restricted solely to “Open Space and Conservation Uses.” For the purposes of the Windward Specific Plan, “Open Space and Conservation Uses” shall mean the following: a. Pedestrian trails, observation areas and platforms, interpretive signs and displays, native landscaping/habitat restoration pursuant to the approved Habitat Management Plan, and trail fencing necessary for habitat protection (as depicted in Chapter 6, Appendices, Exhibit 6-5, Wall and Fence Plan, and Exhibit 6-6, Wall and Fence Elevations); 375 b. Any additional uses set forth in the Mitigation Plan prepared pursuant to Consent Cease and Desist Order No. CCC-12-CD-01 and Consent Restoration Order No. CCC- 12-RO-01, both approved by the Coastal Commission on September 11, 2013; and c. Any other open space, resource protection, and conservation uses that are compatible with the land use and zoning designations for the Windward Open Space Parcel that are later approved through an amendment of the LCP approved by the City and certified by the Coastal Commission. To implement the Development Alternative, however, the Windward Owner will need to exercise its option to purchase the Goodell Property and dedicate both the Windward Open Space Parcel and the Goodell Property to a public agency or a qualified non-profit such as the Bolsa Chica Land Trust or an acceptable, qualified non-profit such as an accredited land trust subject to deed restrictions limiting use of the properties to the Open Space and Conservation Uses, per the Windward Development Agreement. Under the Development Alternative, approximately 8.7 of the 11.2 acres comprising the Windward and Goodell Properties would be preserved for Open Space and Conservation Uses. In the case of the Windward Open Space Parcel, preservation would be through both (i) the provisions of the Windward Specific Plan portion of the LCP and (ii) a recorded deed restriction. In the case of the Goodell Property, preservation would be through a voluntary deed restriction unrelated to regulatory requirements but which the Windward Owner has committed to in consideration of the Windward Development Agreement. As contemplated by the Settlement, the opportunity to craft a comprehensive plan for a relatively large area of land that abuts an even larger open space complex containing valuable ecological and cultural resources is truly unique. Also included in the Open Space and Resource Conservation Concept Plan is the City Property, a sliver of land owned by the City that is approximately 30 feet wide and 445 feet long (13,350 square feet) that is designated as Open Space-Parks on the City’s general plan and certified LCP. The City Property forms the northern boundary of the Windward Property and currently accommodates a trail that is used informally by pedestrians to access the Parkside Property from the intersection of Bolsa Chica Street and Los Patos Avenue and vice versa. The Windward property owner, Signal, dedicated this parcel of land to the City for park purposes in 1999 in conjunction with the City’s approval of Signal’s Sandover development, a 16 (now 19) unit single family residential development located immediately across Bolsa Chica Street from the Windward site. The goals for developing the Open Space and Resource Conservation Concept Plan as a comprehensive open space plan are: • Provide the public with an open space plan that demonstrates the City’s intentions for the Windward Open Space Parcel. 376 • Ensure that land uses are compatible with the resources on adjacent properties such as Goodell, the Parkside Property, Brightwater, and Bolsa Chica Ecological Reserve (BCER). • Provide opportunities for public access while protecting sensitive biological and cultural resources. • Ensure that the habitat values of the Bolsa Chica Ecological Reserve, Parkside, Goodell, and Brightwater sites are not compromised. • Integrate into the plan a cultural mitigation program required by the California Coastal Commission under a Consent and Restoration order with the Windward Owner. The Consent and Restoration Orders are attached as Attachment B. • Identify appropriate areas for placement of scenic overlooks and interpretive signage. As shown on Exhibit 4-1, Open Space and Resource Conservation Concept Plan (Concept Plan), the Concept Plan is designed to provide public access from the southeast corner of the intersection of Bolsa Chica Street and Los Patos Avenue, utilizing the City Property as a trailhead to allow pedestrians to cross the Windward Open Space Parcel southerly to the Goodell Property. Once on the Goodell Property, trail users would be able to visit scenic overlooks and interpretive signs or continue on to the Brightwater, Parkside, flood control levees, and BCER trails. Careful consideration has been given to designing a trail system that does not require mechanical grading to construct and provides appropriate fencing to keep users on the trails and out of sensitive biological or cultural areas. The City Property will contain a decomposed granite trail with native landscape on both sides and will connect with the trail located on the Windward Open Space Parcel as well as with the trail from the Parkside Property. Although the City Property is only a third of an acre, it is located adjacent to the existing Bolsa Chica Street and Los Patos Avenue public rights-of-way and provides critical linkage to the Windward Open Space Parcel and Parkside Property. Recognizing that biological and cultural resources exist in some portions of the Windward Open Space Parcel, the Open Space and Resource Conservation Concept Plan is designed to avoid re-contouring the landform and any mechanized grading. It takes into consideration established trails. The native grassland/scrub plant palette recommended for the Windward Open Space Parcel, as will be reflected in the approved HMP, is planned to extend onto the Goodell Property and will be consistent with the Parkside Property approved HMP. Although under the Concept Plan coastal sage scrub could be planted on the upper portion of the Goodell Property, grassland/scrub species with shallower root systems would be preferable given the presence of cultural resources on the southern portion of the Goodell Property. 377 The trail system on the Goodell Property primarily utilizes existing trails. However, since the area contains sensitive biological resources, the Concept Plan contemplates fencing would be incorporated to keep pedestrians on designated trails to minimize disturbances to existing habitat and any native landscaping required in the approved HMP installed in the future. With respect to cultural resources, in 2013, the Coastal Commission issued a Consent Restoration Order requiring the landowner to design and construct a cultural mitigation program in this area of the Bolsa Chica Mesa. The cultural mitigation program will be incorporated into the trail and interpretive sign program depicted on Exhibit 4-1, Open Space and Resource Conservation Concept Plan. As stated previously, the Windward Specific Plan does not regulate the Goodell Property. The purpose of the Concept Plan is to provide a vision of what could occur on the Goodell Property under the Open Space and Conservation Uses to which the Goodell Property would be limited by voluntary deed restrictions under the Development Alternative. Permits necessary to implement the Open Space and Conservation Uses on the Goodell Property would be the subject of future entitlements and CEQA review if the Goodell Property is acquired under the Development Alternative, an LCP amendment is approved by the Coastal Commission, and a more detailed plan is developed. Whether the Goodell Property is annexed or not, future uses on the Goodell Property would be subject to approval of a coastal development permit, unless none is legally required. 378 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018NORTHExhibit 4-1Open Space / Passive Park Concept Plan0100 ft379 5 ADMINISTRATION AND IMPLEMENTATION 5.1 Summary To cooperatively achieve the open space and resource conservation objectives of this Specific Plan, the City, the Coastal Commission, and the Windward Owner each require specific respective assurances. The City and the Coastal Commission need assurances that before development of the Windward Residential Parcel can begin, the conveyances and deed restrictions called for by this Specific Plan and Alternative 2 of the Settlement are operative. The Windward Owner needs assurances that if those conveyances and deed restrictions are operative, Windward Owner will have the right to proceed with the development of the Windward Residential Parcel as permitted by this Specific Plan. This Chapter 5 provides each of these parties with the needed assurances by making the operative status of all Required Approvals (specified in 5.3 below) and Implementation Documents (specified in 5.4.1 below) mutually contingent upon approval and effectiveness of all of the Required Approvals and Implementation Documents. 5.2 Key Definitions a. Approved/Approval: “Approved” or “Approval” refers to the process(es) prescribed by applicable local and/or state law by which the Required Approvals and the Implementation Documents are authorized by the applicable decisional authority. For example, this Specific Plan/LCPA is “approved” when the City Council has voted to adopt the resolution approving this Specific Plan/LCPA and the Coastal Commission’s certification of the LCPA is complete, whether by vote of the Commission with or without suggested modifications. b. Effective: “Effective” refers to the time at which a Required Approval or an Implementation Document becomes final in the ordinary course of the administrative process for that approval as set forth in applicable local and/or state law. For example, the Coastal Commission’s regulations, specifically 14 CCR § 13544, specify when certification of the LCPA shall become “effective”. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. c. Operative: “Operative” refers to the time at which a Required Approval or an Implementation Document may be exercised, used, or implemented. For purposes of this Specific Plan/LCPA, Required Approvals and Implementation Documents may specify a later “operative” date subsequent to the “effective” date. 5.3 Required Approvals The development of the Windward Residential Parcel authorized by the Windward Specific Plan may not occur until all of the following (the “Required Approvals”) are “effective”: 380 a. By the City (collectively, the “City Approvals”): • Approval of a Local Coastal Program Amendment (LCPA 1), consisting of (1) an amendment to the Coastal Element of the City’s General Plan which functions as the Land Use Plan portion of the LCP, and (2) the “Windward Specific Plan,” comprised of a Zoning Text Amendment and a Zoning Map Amendment to the Implementation Plan portion of the LCP; • Approval of and entry into a Development Agreement (Windward DA) between the City and the Windward Owner pursuant to Government Code Sections 65864 et seq. in order to implement Alternative 2 of the Settlement; • Approval of a Coastal Development Permit (CDP) authorizing construction of a 36-unit townhome development and associated infrastructure and consisting of (1) a Tentative Tract Map subdividing the Windward Property into one numbered lot for residential development (the Windward Residential Parcel) and one lettered lot for open space (the Windward Open Space Parcel) and (2) a Conditional Use Permit allowing the development of the Windward Residential Parcel in accordance with the development standards set forth in the Windward Specific Plan and the LCPA (or as certified with suggested modifications as accepted by the City); and • Approval of grading, building, and similar ministerial permits. b. By the Coastal Commission (collectively, the “Commission Approvals”): • Certification of the LCPA, in accordance with the City Approvals (or with suggested modifications as accepted by the City); • Approval of the Windward DA, to the extent, if any, required by Government Code Section 65869, including with respect to its terms regarding the acquisition, conveyance, and deed restriction of the adjacent Goodell Property; and • In the event the City’s approval of the CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP, approval by the Commission of a CDP. 1 All references to the “LCPA” refer to each of the components included within this bullet point. 381 5.4 Conditions Precedent to Required Approvals Becoming “Operative” 5.4.1 Assurances to City and Coastal Commission. To assure that development of the Windward Residential Parcel may not occur without the Windward Owner first taking the actions needed to implement the open space objectives of this Specific Plan and Alternative 2 of the Settlement. The documents required by subsections a, b, c and d below shall constitute Implementation Documents. Therefore, notwithstanding approval and effectiveness of (1) the LCPA by the Commission and (2) a CDP by the City or the Commission on appeal, the Specific Plan/LCPA and CDP shall not become “operative” until the following events have occurred: a. For the Windward Open Space Parcel: Offer or Grant. One of the following Implementation Documents related to the Windward Open Space Parcel has been recorded in a form acceptable to the City 2: • An irrevocable offer to dedicate the Windward Open Space Parcel to the people of the State of California (Windward Offer). The Windward Offer must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. The Windward Offer shall run with the land for 21 years, binding all successors and assignees, and may be accepted by the State through a public agency or private nonprofit entity approved by the City. OR • A conveyance of fee title to the Windward Open Space Parcel to the Bolsa Chica Land Trust (BCLT) or to another accredited land trust or nonprofit entity approved by the City (Windward Conveyance). The Windward Conveyance must restrict the Windward Open Space Parcel to open space and resource conservation uses as set forth in the Windward Specific Plan. b. For the Goodell Property: Offer or Grant. One of the following Implementation Documents related to the Goodell Property has been recorded in a form acceptable to the City: • An irrevocable offer to dedicate the Goodell Property to the People of the State of California (Goodell Offer). The Goodell Offer must restrict the Goodell Property to open space and resource conservation uses consistent with the comprehensive open space plan described in Section 4.2 of the Windward Specific Plan. The Goodell Offer shall run with the land for 21 years, binding all successors and assignees, and may be accepted by the 2 In any case where this Specific Plan/LCPA states that a document must be acceptable to the City, that requirement will extend to the Executive Director of the Coastal Commission in the event a City-approved CDP is appealed to the Coastal Commission and for which the Coastal Commission determines the appeal raises substantial issue(s) regarding conformity of the CDP with the LCP. 382 State through a public agency or private nonprofit entity approved by the City. OR • A conveyance of fee title to the Goodell Property to either the BCLT or another accredited land trust or nonprofit entity approved by the City (Goodell Conveyance). The Goodell Conveyance must restrict the Goodell Property to open space and resource conservation uses consistent with the comprehensive open space plan described in Section 4.2 of the Windward Specific Plan. c. For both the Windward Open Space Parcel and the Goodell Property: Deed Restrictions. Upon acceptance as to form by City, deed restrictions limiting the Windward Open Space Parcel and the Goodell Property to open space and resource conservation uses have been recorded in a form acceptable to the City. d. For both the Windward Residential Parcel and the Windward Open Space Parcel: Acceptance of LCPA. A document in a form acceptable to the City has been provided to the City and recorded, unequivocally stating that the Windward Owner (i) accepts the certified LCPA in form and substance, (ii) acknowledges that the Windward Residential Parcel and the Windward Open Space Parcel shall be subject to the provisions of the LCPA, and (iii) acknowledges that the LCPA has become effective. e. For the Windward Open Space Parcel and the Goodell Property: Title reports have been provided to the City for the Windward Open Space Parcel and the Goodell Property showing, to the satisfaction of the City, that those properties have been deed restricted and either offered for dedication or otherwise conveyed free of prior liens and encumbrances which would materially and adversely affect the interests being dedicated/conveyed. 5.4.2 Assurances to Windward Owner. To assure that the Windward Owner is not required to deed restrict and convey the Windward Open Space Parcel and, pursuant to the Windward DA, deed restrict and convey the Goodell Property as set forth above without having the right to develop the Windward Residential Parcel, the Implementation Documents specified in Section 5.4.1 shall contain language that each respective Implementation Document does not become operative until: a. All of the Required Approvals have been approved and have become effective; and 383 b. Either the time for legal challenges to each of the Required Approvals has expired and/or legal challenges which have been made have terminated or resolved with all Required Approvals remaining intact and effective. 5.5 Development Agreement No. 16-001 Through the Windward DA, which was voluntarily requested of the City by the Windward Owner to implement the Settlement, the Windward Owner has voluntarily agreed that the recording of the applicable Implementation Documents in accordance with 5.4.1 above shall be a condition precedent to this Specific Plan/LCPA and any CDP for the development of the Windward Residential Parcel becoming operative. The Windward DA was approved by the City Council concurrently with the approval of the Windward Specific Plan and LCPA and reflects the requirements of Section 5.3 above. 5.6 Enforcement of the Specific Plan/LCPA The Specific Plan/LCPA serves both a planning and regulatory function. It is the vehicle by which the City of Huntington Beach Local Coastal Program and General Plan are implemented for the Windward Property. If there is a conflict found between the Windward Specific Plan and the HBZSO, the contents of the Windward Specific Plan shall prevail. Where the Windward Specific Plan is silent, the provisions of the HBZSO shall apply. The Community Development Department shall be responsible for interpreting and enforcing the site development standards and design guidelines set forth in the Windward Specific Plan. 5.7 Methods and Procedures 5.7.1 Zoning Text Amendments A Zoning Text Amendment shall be required for changes to the Windward Specific Plan and processed in accordance with the provisions of Chapter 247 of the HBZSO. Zoning Text Amendments shall require an amendment to the City’s Local Coastal Program and shall not take effect until certified by the California Coastal Commission and subsequently accepted by the City pursuant to 14 CCR § 13544. 5.7.2 Hearings All local public hearings held relative to the Windward Specific Plan shall be administered according to the applicable provisions of the HBZSO. 384 5.7.3 Appeals Any local decision, determination or requirements may be appealed in accordance with applicable provisions of the HBZSO. 5.8 Maintenance Mechanisms As a condition of issuance for any CDP for development of the Windward Residential Parcel, a homeowner’s association for the Windward Residential Parcel (HOA) shall be formed and, through its CC&Rs (see Chapter 3, Development Standards, Section 3.4.3), be responsible for: a. The permanent maintenance, repair, and replacement of all HOA-owned improvements within the common areas of the Windward Residential Parcel, including landscaping, irrigation, common vehicular driveways, parking, recreation, open space, community walls and fences, community facilities, drainage facilities, water quality BMP’s, and private service utilities. b. Until the Windward Open Space Parcel is transferred to a governmental agency or to a qualified non-profit organization pursuant to Section 5.4.1.a above, the maintenance, repair, and replacement of the public improvements within the Windward Open Space Parcel which are described in Chapter 4, Open Space and Resource Conservation Plan and which include a decomposed granite trail, bench, trail fencing, directional and interpretive signage, and the approved landscaping. c. The maintenance of the public improvements for the City Property described in Chapter 4, and shown on Exhibit 4-1, Open Space and Resource Conservation Plan, including, but not limited to, the trail, signage, trail fencing, and landscape improvements. d. Entering into a Landscape Maintenance Agreement with the City describing the HOA’s maintenance obligations with respect to the public improvements for the City Property described in Chapter 4, and shown on Exhibit 4-1, Open Space and Resource Conservation Plan, including, but not limited to the trail, signage, trail fencing, and landscape improvements. 385 6 APPENDICES 6.1 Architectural Character The architectural character for Windward follows a Mid-Century Modern theme, with strong linear elements and bold horizontal and vertical features. A variety of exterior materials are utilized including wood, stone, stucco, and glass (see Architectural Style, Exhibit 6-1). The mid-century modern architectural style provides “four-sided” architecture with a variety of architectural elements on all four sides of the home, thus eliminating a flat plane on any side. 386 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018Exhibit 6-1Architectural StyleNOT TO SCALESource:Hannouche Architects387 6.2 Residential Landscape Design Concept Community design concepts and details for Windward are presented in this Specific Plan in order to establish a comprehensive theme that blends the landscape with the architecture. Residents and visitors will experience Windward as an upscale design with select palm species, canopy trees and plantings that complement the Modern design of the architecture. Careful consideration is also given to providing a landscape plan for the residential area that is compatible with the adjacent environment (see Exhibit 6-2, Residential Landscape Plan). The elements included in this plan include: • Project Entry, • Recreation Area, • Wall and Fence Design, • Open Space Trails, and • Plant Palette. 6.2.1 Project Entry – Bolsa Chica Street The Windward primary entrance is located at the southern part of the community along Bolsa Chica Street. The entry design includes project signage, (see Exhibit 6-3, Community Signage), that is framed by a backdrop of evergreen plant materials. There is a secondary point of ingress/egress north of the primary entrance which will offer right in and right out access only. This secondary access will not include project signage. 6.2.2 Recreation Area The recreation area, shown on Exhibit 6-4, Community Recreation Area Plan, is located in the northern portion of the project will benefit from the existing landscape located on the Los Patos/Bolsa Chica corner providing both a sense of privacy and a large-scale, visual evergreen backdrop. Anticipated amenities for the Windward residents include a swimming pool with lap-lane, fireplace/gathering area and grilling station. 6.2.3 Wall and Fence Design The Wall and Fence Plan, Exhibit 6-5, describes locations and materials that are consistent with the adjacent communities while being unique to the Windward development. Wall and Fence Elevations are depicted in Exhibit 6-6. Walls and fences, up to a maximum of 6 feet in height, are permitted in front setback areas. Pilasters shall be a maximum of 6 feet 6 inches in height. 388 6.2.4 Open Space Trail The Windward community open space design includes an approximate 0.4-mile loop trail which can be accessed from the primary or secondary entry depicted on Exhibit 6-7, Trails Plan and Section. The trail consists of a concrete sidewalk along Bolsa Chica street and a connecting, six foot (6’) wide, decomposed granite trail that extends east through the City-owned property above the northern Windward development area boundary, south through the Windward Open Space and returns west back to Bolsa Chica Street. The trail experience includes directional and interpretive signage is shown on Exhibit 6-8, Public Access Signage Plan, open space trail fencing and an overlook area with bench seating. In addition to the Windward loop trail, connections to other local trail systems are available, as shown on Exhibit 4-1, Open Space and Resource Conservation Plan. 6.2.5 Plant Palette The plant palette for the Windward Residential Area has been separated into two distinct use areas, the Community Plant Palette and the Private Residential Plant Palette. The plant palette, described in Section 6.1, also includes prohibited plant species within the community. These use areas contain unique plant palettes, which will assure the implementation of the community theme. The plant palettes for the residential area are drawn from the Coastal Commission-approved plant palette for the Brightwater Community. Plant species that are considered invasive are prohibited from use by the homeowners. The plant palette for the Open Space Area can be found within Table 4-1, Conceptual Open Space Native Plant Palette. 389 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-2 Residential Landscape Plan NORTH 0 100 ft 390 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018NORTHExhibit 6-3Community Signage 010 ft391 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-4 Community Recreation Area Plan NORTH 0 30 ft 392 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018NORTHExhibit 6-5Wall and Fence Plan050 ft393 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018Exhibit 6-6Wall and Fence ElevationsScale Per Detail394 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 2018Exhibit 6-7Trails Plan and SectionNORTH0100 ft395 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-8 Public Access Signage Plan NORTH 0 100 ft 396 Table 6-1 Residential Landscape Plant Palette Botanical Name Common Name COMMUNITY – HOA MAINTAINED – TREES Arbutus unedo Strawberry Tree Archontophoenix cunninghamiana King Palm Brachychiton populneus Bottle Tree Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Cocos plumosa Queen Palm Eriobotrya deflexa Bronze Loquat Erythrina coralloides Coral Tree Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’ Indian Laurel Fig – Green Gem Ficus rubiginosa Rustyleaf Fig Ginkgo biloba Maidenhair Tree Lagerstroemia species Crape Myrtle Magnolia grandiflora SPP. Southern Magnolia Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Phoenix canariensis Canary Island Date Palm Phoenix dactylifera Date Palm Pinus eldarica Eldarica Pine Platanus racemosa California Sycamore Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Tristania conferta Brisbane Box Tupidanthus calyptratus Tupidanthus COMMUNITY – HOA MAINTAINED – SHRUBS Agapanthus africanus Lily-of-the-Nile Agave americana Century Plant Agave attenuate Fox Tail Agave Agave shawii Shaw’s Agave Aloe arborescens Tree Aloe Aloe vera Medicinal Aloe Buxus japonica Japanese Boxwood Camellia japonica Camellia Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa ‘Fancy’ Natal Plum 397 Residential Landscape Plant Palette Botanical Name Common Name Ceanothus gloriosus ‘Point Reyes’ Point Reyes Ceanothus Ceanothus griseus var. ’Yankee Point’ Yankee Point Ceanothus Clivia miniata Kaffir Lily Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Crassula argentea Jade Plant Cyathea cooperi Australian Tree Fern Dicksonia antarctica Tasmanian Tree Fern Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Escallonia ‘fradesii’ Pink Escallonia Grevillea ‘Noellii’ Grevillea Hebe buxifolia Boxleaf Hebe Helictotrichon sempervirens Blue Oat Grass Hemerocallis hybrid ‘Mountain Violet’ Daylily Hemerocallis hybrids Evergreen Daylily Kniphofia uvaria Red Hot Poker Lantana sellowiana Trailing Lantana Lavandula pedunculata ‘Atlas’ Spanish Lavender Ligustrum japonicum Japanese Privet Ligustrum japonicum ‘Texanum’ Waxleaf Privet Miscanthus sinensis ‘Yakushima’ Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Muhlenbergia rigens Deer Grass Myoporum ‘Pacificum’ NCN Myoporum parvilfolium NCN Nephrolepis exaltata Sword Fern Nolina bigelovii Bigelow’s bear grass Philodendron selloum Big Leaf Philodendron Phoenix roebelenii Pigmy Date Palm Phormium tenax New Zealand Flax Pittosporum crassifolium ‘Nana’ Dwarf Karo Pittosporum tobira Mock Orange Podocarpus spp. Fern Pine Rhaphiolepis indica India Hawthorn Rosmarinus officinalis Rosemary Schefflera actinophylla Schefflera Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum Blue-eyed grass Solanum xantii Purple Nightshade Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise 398 Residential Landscape Plant Palette Botanical Name Common Name Trachelospermum jasminoides Star Jasmine Viburnum suspensum Sandankwa Viburnum Westringia fruticosa Coast Rosemary Xylosma congestum ‘Compacta’ Xylosma Xylosma congestum ‘Ed Dorado’ Dwarf Xylosma Yucca filamentosa ‘Variegata’ Variegated Yucca Yucca species Yucca COMMUNITY – HOA MAINTAINED – VINES Bougainvillea spp. Bougainvillea Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood-Red Trumpet Vine Grewia occidentalis Lavender Starflower Pandorea jasminoides Bower Vine Rosa banksiae ‘Alba Plena’ Climbing Rose Trachelospermum jasminoides Star Jasmine COMMUNITY – HOA MAINTAINED – GROUNDCOVER Armeria martima Common Thrift Baccharis pilularis ‘Pigeon Point’ Coyote Bush Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Lantana sellowiana Trailing Lantana Senecio mandraliscae Blue Chalksticks Verbena hybrida Garden Verbena COMMUNITY – HOA MAINTAINED – TURF Marathon II ‘Festuca Arundinacea’ Dwarf Tall Fescue 399 Residential Landscape Plant Palette Botanical Name Common Name PRIVATE RESIDENTIAL LOTS - TREES Acer macrophyllum Big Leaf Maple Acer negundo var. californicum California Box Elder Acer palmatum Japanese Maple Aesculus californica California Buckeye Arbutus unedo Strawberry Tree Arctostaphylos glauca Bigberry Manzanita Arctostaphylos insularis Island Manzanita Brachychiton populneus Bottle Tree Ceratonia siliqua Carob Cercis occidentalis Western Redbud Cinnamomum camphora Camphor Tree Citrus species Citrus Dicksonia Antarctica Tree Fern Eriobotrya deflexa Bronze Loquat Eriobotrya japonica Loquat Feijoa sellowiana Pineapple Guava Ficus florida Florida Fig Ficus nitida ‘Green Gem’ Indian Laurel Fig – Green Gem Ficus rubiginosa Rustyleaf Fig Fraxinus dipetala Callfornia Ash Ginkgo biloba Maidenhair Tree Juglans californica California Black Walnut Lagerstroemia indica Crape Myrtle Lagerstroemia species Crape Myrtle Lauris nobilis Grecian Laurel Liriodendron tulipfera Tulip Tree Lyonthamnus floribundus ssp. Asplenifolius Fernleaf Ironwood Macadamia integrifolia Macadamia Nut Magnolia grandiflora Southern Magnolia Maytenus boaria Mayten Tree Melaleuca nesophila Pink Melaleuca Melaleuca quinquenervia Cajeput Tree Metrosideros excelsus New Zealand Christmas Tree Pistacia chinesis Chinese Pistache Pittosporum undulatum Victoria Box Platanus racemosa California Sycamore Plumeria rubra Egyptian Starcluster Podocarpus gracilior Fern Pine Prunus caroliniana Carolina Laurel Cherry Ptelea crenulata California Hoptree Rhus integrifolia Lemonade Berry Rhus lancea African Sumac 400 Residential Landscape Plant Palette Botanical Name Common Name Rhus laurina Laurel Sumac Sambucus mexicana Mexican Elderberry Tabebuia chrysotricha Golden Trumpet Tree Tabebuia impetiginosa Pink Trumpet Tree Tabebuia ipe Trumpet Tree Tristania conferta Brisbane Box Tristania laurina NCN Tupidanthus calyptratus Tupidanthus PRIVATE RESIDENTIAL LOTS -SHRUBS Abelia grandiflora ‘Edward Goucher’ Abelia Abutilon ‘Moon Chimes’ Parlor Maple Achillea millefolium var. californica Western yarrow Agapanthus africanus Lily-of-the-Nile Agave attenuata Foxtail Agave Agave shawii Shaw’s Agave Agave vilmoriniana Octopus Agave Aloe arborescens Tree Aloe Aloe Vera Medicinal Aloe Alyogyne huegelii Blue Hibiscus Armeria martima Common Thrift Asclepias speciose Showy milkweed Aster chilensis California Aster Baccharis pilularis ‘Pigeon Point’ Coyote Bush Baccharis pilularis ‘Twin Peaks #2’ Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’ Coyote Bush Prostrate Baccharis salicifolia Mulefat Begonia ‘Richmondensis’ Richmond Begonia Bergenia cordifolia Winter Saxifage Bougainvillea ‘Tahitian Maid’ Double Bougainvillea Calystegia macrostegia California Morning Glory Camellia japonica Camellia Campanula portenschlagiana Dalmatian Bellflower Campanula poscharskyana Serbian Bellflower Carex spissa San Diego Sedge Carissa macrocarpa Green Carpet Natal Plum Carissa macrocarpa ‘Fancy’ Natal Plum Castilleja foliolosa Wooly Indian paintbrush Ceanothus spp. Ceanothus Cerastium tomentosum Snow-in-Summer Cercis occidentalis Western Redbud Chrysanthemum leucanthemum Oxeye Daisy Cistus hybridus White Rockrose Cistus incanus ssp. Corsicus NCN 401 Residential Landscape Plant Palette Botanical Name Common Name Cistus purpereus Orchid Spot Rockrose Cistus salviifolius Sageleaf Rockrose Cistus x purpereus Orchid Rockrose Clivia miniata Kaffir Lily Comarostaphylis diversifolia Summer Holly Conolvulus cneorum Bush Morning Glory Coprosma kirkii Creeping Coprosma Coprosma pumila Prostrate Coprosma Coreopsis gigantea Giant coreopsis Coretherogyne filaginifolia California aster Cotoneaster aprneyi NCN Cotoneaster buxifolius NCN Crassula argentea Jade Plant Crassula argentea ‘Crosby’ Miniature Jade Plant Crassula ovata Jade Tree Cuphea hyssopifolia False Heather Delosperma cooperi Hardy Ice Plant Dendromecon rigida Bush Poppy Dietes vegeta Fortnight Lily Dodonaea viscose Hopseed Bush Dudleya abramsil spp. murina San Luis Obispo Dudleya Dudleya caespitosa Coast Dudleya Dudleya edulis San Diego Dudleya Dudleya hassei Catalina Island Live Forever Dudleya lanceolata Lanceleaf Liveforever Dudleya pulverulenta Chalk Liveforever Erigeron karvinskianus Santa Barbara Daisy Eriogonum arborescens Santa Cruz Island Buckwheat Eriogonum giganteum St. Catherine’s Lace Eriophyllum confertiflorum Golden Yarrow Escallonia ‘fradesii’ Pink Escallonia Escallonia species Escallonia Varieties Eschscholzia californica California Poppy Feijoa sellowiana Pineapple Guava Frangula californica California Coffeeberry Fuchsia ‘Gartenmeister Bonstedt’ Honeysuckle Fuschia Galvezia speciose Island snapdragon Gardenia jasminoides Gardenia Garrya elliptica James Reef Silk Tassel Grevillea ‘Noellii’ Grevillea Grewia occidentalis Starflower Hardenbergia comptoniana Lilac Vine Helictotrichon sempervirens Blue Oat Grass 402 Residential Landscape Plant Palette Botanical Name Common Name Hemerocallis hybrid ‘Mountain Violet’ Daylily Heteromeles arbutifolia ‘Davis Gold’ Toyon Heuchera ‘Autumn Leaves’ Coral Bells Heuchera ‘Purple Palace’ Alum Root Heuchera maxima Channel Islands Coral Bells Hibiscus spp. Hibiscus Holodiscus discolor Ocean spray Hypericum calycimum Aaron’s Beard Iris douglasiana Douglas Iris Jasminum nudiflorum Winter Jasmine Kniphofia uvaria Red Hot Poker Lantana camara cultivars Yellow Sage Lantana camara montevidensis Trailing Lantana Lantana sellowiana Trailing Lantana Lavandula dentata French Lavender Lavandula pedunculata ‘Atlas’ Spanish Lavender Lepechinia fragrans Island Pitcher Sage Leptospermum lae. ‘Vigatum’ Australian Tea Tree Leucophyllum frutecens Texas Ranger Ligustrum japonicum Japanese Privet Limonium perezii Sea Lavender Liriope “Silvery Sunproof’ Monkey Grass Lonicera japonica ‘Halliana’Hall’s Japanese Honeysuckle Lonicera subspicata Wild Honeysuckle Lonicera subspicata var. denudata Chaparral Honeysuckle Mahonia aquifolium ‘Golden Abundance’ Golden Abundance Oregon Grape Mahonia nevenii Nevin Mahonia Malacothamnus fasciculatus Chaparral Mallow Miscanthus sinensis ‘Yakushima’ Eulalia Grass Miscanthus transmorrisonensis Evergreen Maiden Grass (or Eulalia) Muhlenbergia lindheimeri Lindheimer’s Muhly Grass Myoporum ‘Pacificum’ NCN Myoporum debile NCN Myoporum parvilfolium NCN Myrtus communis True Myrtle Nephrolepis exaltata Sword Fern Nerium Oleander Oleander Nolina bigelovii Bigelow’s bear grass Nolina cismontane Chapparal Nolina Nolina species Mexican Grasstree Opuntia littoralis Prickly Pear Opuntia oricola Oracle Cactus Osteospermum fruticosum Trailing African Daisy 403 Residential Landscape Plant Palette Botanical Name Common Name Pachysandra terminalis Pachysandra Paeonia californica California Peony Penstemon heterophyllus Margarita Bop' Blue Bedder Penstemon heterophyllus var. australis Foothill Penstemon Penstemon spectabilis Showy Penstemon Pentas lanceolata Egyptian Starcluster Philadelphus lewisii Lewis’ mock orange Philodendron selloum Big Leaf Philodendron Phormium tenax New Zealand Flax Photinia x fraseri Fraser’s Photinia Pittosporum crassifolium ‘Nana’ Dwarf Karo Pittosporum tobira Mock Orange Prunus caroliniana Carolina Cherry Laurel Prunus illcifolia Hollyleaf Cherry Prunus lyonii Catalina Cherry Punica granatum Pomegranate Pycanthemum californicum Mountain Mint Quercus berberdifolia California Scrub Oak Quercus dumosa Coastal Scrub Oak Rhamnus calfornica Coffeeberry Rhaphiolepis indica Indian Hawthorn Rhus integrifolia Lemonade Berry Rhus ovata Sugarbush Ribes aureum var. gracillimum Golden Currant Ribes indecorum White Flowering Currant Romneya coulteri Matilija Poppy Romneya coulteri ‘White Cloud’ White Cloud Matilija Poppy Rosmarinus officinalis Rosemary Rumohra adiantiformis Leatherleaf Fern Salvia ‘Bee's Bliss’ Bee's Bliss Sage Salvia alpiana White Sage Salvia clevelandii winifred ’Gilman’ Cleveland Sage Salvia greggii Autum Sage Salvia sonomensis Creeping Sage Salvia spathacea Hummingbird Sage Sambucus mexicana Mexican Elderberry Santolina cha. ‘Nana’ Lavendar Cotton Santolina virensn Green Lavender Cotto Satureja chandleri San Miguel Savory Schefflera actinophylla Queensland Umbrella Tree, Octopus Tree Sisyrinchium bellum California Blue-eyed grass Solanum xantii Purple Nightshade Solanum xantiiPurple Nightshade 404 Residential Landscape Plant Palette Botanical Name Common Name Solidago velutina ssp. californica California Goldenrod Stachys bullata Hedge Nettle Strelitzia nicolai Giant Bird of Paradise Strelitzia reginae Bird of Paradise Teucrium fruticans and cultivars Bush Germander Thalictrum fendleri var. polycarpum Mountain Meadow Rue Thuja occidentalis ‘Globosa’ White Cedar Trachelospermum asiaticum Ivory Star Jasmine or Asian Jasmine Trachelospermum jasminoides Star Jasmine Tulbaghia violacea Society Garlic Venegasia carpesioides Canyon Sunflower Viburnum suspensum Sandankwa Viburnum Viguiera laciniata San Diego Sunflower Xylosma congestum Shiny Xylosma Xylosma congestum ‘Compacta’ Xylosma Xylosma congestum ‘Ed Dorado’ Dwarf Xylosma Yucca baccata Banana Yucca Yucca filamentosa ‘Variegata’ Variegated Yucca Yucca rigida Blue Yucca Yucca Species Yucca Yucca whipplei Yucca Zauschneria californica ‘Catalina Island’ California Fuchsia Zephyranthes candida Autumn Zephyrlily PRIVATE RESIDENTIAL LOTS - VINES Bougainvillea spp. Bougainvillea Calliandra haematocephala Pink Powder Puff Clytostoma callistegioides Violet Trumpet Vine Distictis buccinatoria Blood-Red Trumpet Vine Grewia occidentalis Lavender Starflower Hardenbergia violacea Hardenbergia Macfadyena unguis-cati Cat’s Claw Mandevilla splendens Alice du Pont Mascagnia macroptera Golden Vine Pandorea jasminoides Bower Vine Parthenocissus tricuspidata Boston Ivy Rosa banksiae ‘Alba Plena’ Climbing Rose Trachelospermum jasminoides Star Jasmine PRIVATE RESIDENTIAL LOTS - GROUNDCOVER Aptenia cordifolia x Red Apple Strawberry Armeria martima Common Thrift Artemisia caucasica Caucasian Artesmisia Baccharis pilularis Dwarf Coyote Bush 405 Residential Landscape Plant Palette Botanical Name Common Name Baccharis pilularis ‘Pigeon Point’ Coyote Bush Baccharis pilularis ‘Twin Peaks #2’ Dwarf Coyote Bush Baccharis pilularis ‘Twin Peaks’ Coyote Bush Prostrate Cistus crispus NCN Corea pulchella Australian Fuscia Coresopsis lancelata Coreopsis Crassula lacteal NCN Crassula multicava NCN Crassula tetragona NCN Delosperma ‘alba’ White Trailing Ice Plant Dimorphotheca aurantiaca African Daisy Drosanthemum floribundum Rosea Ice Plant Drosanthemum hispidum NCN Drosanthemum speciosus Dewflower Dymondia margaretae Silver Carpet Festuca ovina glauca Blue Fescue Fragaria chiloensis Wild Strawberry/Sand Strawberry Gazania ‘Copper King’ Gazania Gazania ‘Moonglow’ Gazania Gazania hybrid ‘Mitsua Yellow’ Semi-trailing Yellow Gazania Gazania hybrids South African Daisy Gazania rigens leucolaena Trailing Gazania Hedera canariensis English Ivy Iberis sempervirens Evergreen Candytuft Iberis umbellatum Globe Candytuft Lampranthus filicaulis Redondo Creeper Lampranthus spectabilis Trailing Ice Plant Lamprathus aurantiacus Bush Ice Plant Lantana sellowiana Trailing Lantana Lasthenia californica Dwarf Goldfields Lupinus arizonicus Desert Lupine Lupinus benthamii Spider Lupine Lupinus bicolor Sky Lupine Lupinus sparsiflorus Loosely flowered Annual Lupine/ Coulter’s Ophiopogon ‘Nigrescens Black’ Black Mondo Grass Ophiopogon japonicus Mondo Grass Osteospermum ‘Buttermilk’ Osteospermum Osteospermum fru. ‘African Queen’ Trailing African Daisy Osteospermum fru. ‘Burgundy’ Trailing African Daisy Osteospermum fru. ‘Whirligig’ Trailing African Daisy Osteospermum fruticosum Freeway Daisy Osteospermum fruticosum ‘Hybrid White’ Freeway Daisy Pelargonium peltatum Ivy Geranium 406 Residential Landscape Plant Palette Botanical Name Common Name Pratia pedunculata Star Creeper Sagina subulata Irish Moss Sagina subulata ‘Aurea’ Scotch Moss Santolina cha. ‘Nana’ Lavendar Cotton Verbena hybrida Garden Verbena Verbena peruviana species Verbena Viola hederacea Australian Violet PRIVATE RESIDENTIAL LOTS - SUCCULENTS Aeonium ‘Kiwi’ Kiwi Aeonium Echeveria agavoides ‘Red’ Red Edge Echeveria Echeveria elegans Mexican Snowball Echeveria imbricate Hens and Chicks Kalanchoe thyrisiflora Paddle Plant Sedum pachyphyllum Stonecrop Sedum rubrotinctum Pork and Beans Senecio mandraliscae Blue Chalksticks PRIVATE RESIDENTIAL LOTS - TURF Marathon II ‘Festuca Arundinacea’ Dwarf Tall Fescue Turf A-G Sod Farms Inc. - Elite Plus PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES Adenostoma fasciculatum Chamise Adenostoma sparsifolium Red Shanks Aegilops triuncialis Barbed Goatgrass Ageratina adenophora Crofton Weed Ailanthus altissima Tree Of Heaven Alhagi pseudalhagi Camel Thorn Ammophila arenaria European Beachgrass Anthemix cotula Mayweed Arctotheca calendula Capeweed Artemisia californica California Sagebrush Arundo donax Giant Reed Atriplex semibaccata Australian Saltbush Avena barbata Slender Oat Avena fatua Wild Oat Bassia hyssopifolia Fivehorn Smotherweed Bellardia trixago Mediterranean Lineseed Brachypodium distachyon Purple False Brome Brassica nigra Black Mustard Brassica rapa Wild Turnip, Yellow Mustard, Field Mustard Brassica tournefortii Asian Mustard Bromus diandrus Ripgut Brome 407 Residential Landscape Plant Palette Botanical Name Common Name Bromus rubens Red Brome Bromus tectorum Cheatgrass Cardaria chalapensis Lenspod Whitetop Cardaria draba Hoary Cress, Perennial Peppergrass Cardaria draba Whitetop Carduus pycnocephalus Italian Plumeless Thistle Carpobrotus edulis Hottentot Fig Centaurea calcitrapa Purple Starthistle Centaurea masculosa Spotted Knapweed Centaurea melitensis Maltese Star-Thistle Centaurea solstitialis Yellow Star-Thistle Cirsium arvense Canada Thistle Cirsium vulgare Wild Artichoke, Bull Thistle Conicosia pugioniformis Narrow-Leaved Iceplant Conium maculatum Poison Hemlock Conyza canadensis Horseweed Cortaderia jubata Purple Pampas Grass Cortaderia selloana Pampas Grass Cotoneaster lacteus Milkflower Cotoneaster Cotoneaster pannosus Silverleaf Cotoneaster Crataegus monogyna Oneseed Hawthorn Crupina vulgaris Common Crupina Cynara cardunculus Artichoke Thistle Cytisus scoparius Scotchbroom Cytisus striatus Striated Broom Delairea odorata Capeivy Egeria densa Brazilian Waterweed Ehrharta calycina Perennial Veldtgrass Ehrharta erecta Panic Veldtgrass Eichhornia crassipes Common Water Hyacinth Elaeagnus angustifolia Russian Olive Erechtites glomerata Cutleaf Burnweed Erechtites minima Coastal Burnweed Eriogonum fasciculatum Common Buckwheat Eucalyptus globulus Tasmanian Bluegum Euphorbia esula Leafy Spurge Festuca arundinacea Tall Fescue Ficus carica Edible Fig Foeniculum vulgare Sweet Fennel Genista monspessulana French Broom Halogeton glomeratus Saltlover Hedera helix English Ivy Helichrysum petiolare Strawflower 408 Residential Landscape Plant Palette Botanical Name Common Name Heterotheca grandiflora Telegraph Plant Holcus lanatus Common Velvetgrass Hydrilla verticillata Hydrilla Hypericum perforatum St. John's Wort Ilex aquifolium English Holly Iris pseudacorus Paleyellow Iris Lactuca serriola Prickly Lettuce Lepidium latifolium Broadleaved Pepperweed Leucanthemum vulgare Oxeye Daisy Lolium perenne Perennial Ryegrass Lupinus arboreus Yellow Bush Lupine Lythrum salicaria Purple Loosestrife Mentha pulegium Pennyroyal Mesembryanthemum crystallinum Common Iceplant Myoporum laetum Ngaio Tree Myriophyllum aquaticum Parrot Feather Watermilfoil Myriophyllum spicatum Eurasian Watermilfoil Nicotiana bigelevil Indian Tobacco Nicotiana glauca Tree Tobacco Olea europaea Olive Ononis alopecuroides Foxtail Restharrow Pennisetum setaceum Crimson Fountaingrass Phalaris aquatica Bulbous Canarygrass Potamogeton crispus Curly Pondweed Retama monosperma Bridal Broom Ricinus communis Castor Bean Plant Robinia pseudoacacia Black Locust Rubus discolor Himalayan Blackberry Sacsola austails Russian Thistle/Tumbleweed Salvia mellifera Black Sage Salvinia molesta Giant Salvinia Sapium sebiferum Chinese Tallow Tree Saponaria officinalis Bouncingbet Schinus molle Peruvian Peppertree Schinus terebinthifolius Brazilian Peppertree Schismus arabicus Arabian Schismus Schismus barbatus Common Mediterranean Grass Senecio jacobaea Tansy Ragwort Sesbania punicea Rattlebox Silybum marianum Milk Thistle Spartina alterniflora Smooth Cordgrass Spartina anglica Common Cordgrass Spartina densiflora Denseflower Cordgrass 409 Residential Landscape Plant Palette Botanical Name Common Name Spartina patens Saltmeadow Cordgrass Spartium junceum Spanish Broom Taeniatherum caput-medusae Medusahead Tamarix chinensis Fivestamen Tamarisk Tamarix gallica French Tamarisk Tamarix parviflora Smallflower Tamarisk Tamarix ramosissima Saltcedar Ulex europaeus Common Gorse Urtica urens Burning Nettle Verbascum thapsus Common Mullein Vinca major Bigleaf Periwinkle PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - ORNAMENTAL Corraders sp Pampas Grass Cupressus sp Cypress Eucalyptus sp Eucalyptus Juniperus sp Juniper Pinus sp Pine PRIVATE RESIDENTIAL LOTS - PROHIBITED PLANT SPECIES - PALMS Brahea armata Mexican Blue Palm Brahea brandegeei San Jose Hesper Palm Brahea edulis Guadalupe Palm Butia capitata Pindo Palm Caryota cummingii Himalayan Fish Tail Palm Caryota urens Himalayan Fish Tail Palm Chamaedorea eerumpens Bamboo Palm Chamaedorea humilis Mediterranean Fan Palm Cycas revoluta Sago Palm Trachycarpus fortunei Windmill Palm Washingtonia filifera California Fan Palm Washingtonia robusta Mexican Fan Palm 410 6.3 Infrastructure 6.3.1 Circulation Vehicular access to Windward Specific Plan Area is from two access drives along Bolsa Chica Street (see Exhibit 6-9, Circulation Plan). The southern access is located across from existing Sandover Drive. The northern access is right in/right out only due to the existing median in Bolsa Chica Street. A common vehicular driveway provides access to each of the housing units. Driveways within the Specific Plan Area shall be a minimum 24-feet in width (see Exhibit 6-10, Common Vehicular Driveway Sections). Vehicular turnarounds are provided at the north and south ends of the common vehicular driveway. The parkway on the east side of Bolsa Chica Street will be improved with a pedestrian sidewalk which will allow access from Los Patos Avenue to the southern boundary of the Windward Specific Plan Area. 6.3.2 Grading Plan The Grading Plan for Windward is illustrated on Exhibit 6-11, Grading Plan, which shows spot elevations for roads and finish floor elevations. The entire grading operation will be completed in one phase. Exhibit 6-12, Cut and Fill Plan, identifies the proposed Cut and Fill for the grading operations. 411 Windward Specific Plan Circulation Plan May 20180100ftNBolsa Chica StreetCity of Huntington Beach Exhibit 6-9 Los PatosAvenue LEGEND SandoverDrive Turn-Around Turn-Around!(!(37 GuestParking Spaces!28'26'24'28'Residential Circulation & Parking Section Line(See Exhibit 6-10, Common Vehicular Driveway Sections) A B BCC AADDE E 30'32'412 :LQGZDUG6SHFL¿F3ODQCity of Huntington BeachMay 201Exhibit 6-10Common Vehicular Driveway SectionsNORTH030 ftSource: Stantec413 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-11 Grading Plan NORTH NOT TO SCALE Source: Stantec 414 Windward Specific Plan City of Huntington Beach May 2018 Exhibit 6-12 Cut and Fill Plan NORTH NOT TO SCALE Source: Stantec 415 6.3.3 Drainage Plan The Drainage Plan for Windward is illustrated on Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It shows a proposed storm drain line located within the Windward private roadway system which will connect to an existing storm drain within Bolsa Chica Street. Two catch basins will be constructed to capture storm runoff within the development and prevent it from discharging into the adjacent open space areas. Once it is collected on-site, the drainage from the Windward development will be conveyed to an existing storm drain in Bolsa Chica Street that is part of the drainage system for the neighboring Brightwater community. Windward will utilize Brightwater’s Coastal Commission-approved (CDP 5-05-20) storm drain system which uses a state of the art filtration system (STORMFILTER) to treat runoff before it is discharged into the Bolsa Chica lowlands. The system uses storm drain pipes to convey runoff to an underground concrete structure where it flows through a number of media filter cartridges that remove pollutants from the water before discharging it. The entire drainage area for Windward was included in the design of the Brightwater storm drain system so there is sufficient capacity in the system to accommodate flows from the property. The Best Management Practices (BMPs) included in the Brightwater Water Quality Management Plan were also designed to treat runoff from Windward. An amendment to the Brightwater Water Quality Management Plan (WQMP) to incorporate the Windward project will be submitted to the city. 6.3.4 Domestic Water Plan The Water Plan for Windward is depicted on Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates both the backbone water and fire lines and backflow devices that will be constructed as part of the residential development. The proposed Windward water system will connect to an existing 8-inch City water main along Bolsa Chica Street. The on-site water pipelines will be installed to provide the flows required for residential development and occupancy. The Windward development will have one master domestic water meter. The domestic water line will be public up to the master water meter located within the Bolsa Chica Street right-of-way and will be private beyond the water meter. A backflow device will be set back from the property line based on City requirements and screened from view. A separate fire service will be provided for private fire hydrants as the Huntington Beach Fire Department does not allow fire hydrant connections to private domestic water lines. The fire line will have a separate backflow preventer. The fire line will be public up to the backflow preventer located 416 within the Bolsa Chica Street right-of-way and private beyond. The onsite fire hydrants will be private. The backflow preventer will be set back from the property line based on City requirements and screened from view. The public domestic water and fire water improvements will be constructed to meet City Water Division Standards and Fire Department’s codes, standards, and specifications. The landscape area along the east side of Bolsa Chica Street is currently being maintained by the Brightwater Maintenance Corporation as per License Agreement executed with the City by Signal Landmark. The improvements covered by the agreement include landscaping (irrigation systems and plant material) as well as the entry monumentation. If the project proceeds with the acquisition alternative, Brightwater Maintenance Corporation will continue to maintain the landscape area along the east side of Bolsa Chica. If the project proceeds with the development alternative, the maintenance association formed for the Windward community will be responsible for the maintenance of this landscape area and the License Agreement with the City will be amended accordingly. 6.3.5 Wastewater Plan The Wastewater Plan for Windward is depicted Exhibit 6-13, Storm Drain, Water, and Wastewater Plan. It indicates the backbone sewer lines that will be constructed as part of the residential development. These lines will connect to existing sewer lines within Bolsa Chica Street, which have been sized to service this project. 6.3.6 Utilities and Services It is anticipated that utility services for the Windward project will be provided by Southern California Edison (SCE), Southern California Gas Company (SCG), Verizon (for telephone), and Time-Warner Cable (for television/computer cable modem) or their respective successor company, if ownership of their assets and/or management should resources change hands. Electrical, gas, telephone, and Cable TV facilities are all located in utility easements adjacent to Los Patos Avenue and the Sandover project. Trash service will be provided by Republic Services. 417 Windward Specific Plan Storm Drain, Water and Wastewater Plan May 20180100ftNBolsa Chica StreetCity of Huntington Beach Exhibit 6-13 Los PatosAvenue LEGEND SandoverDrive ProposedFire Hydrant(Private) ! 12" SD Source: Stantec ProposedFire Hydrant(Private) 12" SD 18" SD 12" SD 12" SD 24" SD Public WaterLine to Meter !!Public FireWater Lineto ROW !Existing Storm Drain Line Proposed Storm Drain Line Catch Basin Existing Water Line Proposed Water Line(Private) Proposed Domestic WaterBackflow Device Existing Sewer Line Proposed Sewer Line Proposed Sewer Manhole! Proposed Fire WaterLine (Private) Proposed Fire WaterBackflow DeviceProposed Water Line(Public) Proposed Fire WaterLine (Public) 418 6.4 Adopted Mitigation Measures 1. Prior to any development, the project developer shall retain a City-approved Archaeologist who meets the Secretary of Interior Standards for both Archaeology and History. The approved Archaeologist shall prepare an Archaeological Mitigation and Monitoring Plan (AMMP) to be submitted with the coastal development permit application. The AMMP shall: a. Specify that controlled archaeological grading shall occur across the entire Windward Specific Plan area where any project grading or earthwork of any kind will occur. All site grading, including archaeological grading, shall require approval of a coastal development permit and a City grading permit. The required archaeological grading shall occur prior to issuance of a precise grading permit for residential development of the project site. b. Controlled archaeological grading shall consist of using mechanized equipment where the upper soil layers are removed in approximately 2 centimeter depth increments by a mechanical scraper, under the supervision of the archaeological site supervisor. The grading process shall be limited to slow excavation in small horizontal areas of individual swaths the width of the mechanical scraper blade in order to maximize the opportunity for discovery of cultural artifacts present on site. The archaeologist(s) and Native American Monitor(s) shall examine the soils as they are exposed. The depth at which archaeological grading may cease (when sterile soil is reached) shall be specifically defined and described in the AMMP. Controlled archaeological grading methods have been shown to be an effective investigative method for locating previously unknown resources on Bolsa Chica Mesa and are to be applied at the Windward site with the goal that, in the event any resources remain on-site, they will not be overlooked. c. Require that all controlled archaeological grading be monitored by both Gabrielino and Juaneno Native American monitors. Monitoring will occur with at least one archaeologist and one Native American monitor per equipment array that is operating. d. Specify that, in consultation with the appropriate Native American(s) preservation in place is preferred when appropriate and feasible and shall describe the specific methods to be employed for recovery and/or preservation in place of artifacts discovered during controlled archaeological grading or otherwise discovered at the site. e. Specify that the approved development footprint shall not constrain on-site preservation options. 419 f. Describe the protocol for the mitigation of cultural resources discovered on-site through development of a Research Design Plan, to include, but is not limited to: i. The preference to preserve in place; ii. The procedure for determining when significance testing is or is not required; iii. Significance testing methods and procedures; iv. Laboratory analysis methods; v. Curatorial methods and requirements for archaeological finds that are approved to be removed from the site, including identification of an acceptable curatorial repository for all recovered materials approved for removal from the site. The AMMP Research Design Plan shall acknowledge and require that all curatorial fees shall be paid by the project developer. vi. Standards of reporting requirements. 2. In the event cultural resources are exposed in any overlying basal midden remnants during the controlled archaeological grading, the archaeologist shall prepare a research design and recovery/preservation-in-place plan for the resources as outlined within the AMMP. Specific protocol for uncovering the resource and analyzing its significance will be detailed within this plan. The protocol shall establish procedures for various types of archaeological resources that may be discovered. Because of their cultural significance, however, if any of the following cultural resources are discovered in situ, i.e., they have not been moved or relocated to the site of discovery, they shall be preserved in place: human remains, house pits, hearths, artifact caches, and intact midden deposits. Prehistoric ceremonial or religious artifacts such as cogged stones, pipes, crystals, pigments, incised stone, beads and bone or shell ornaments shall be preserved in place if associated with human remains. Upon discovery of any of the above resources, all construction will stop and the archaeologists shall consult with Native American monitors to determine preservation methods. 3. If human remains are discovered during construction or any earth-moving activities, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the Coroner must notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site and may recommend or deny 420 scientific removal and nondestructive analysis of human remains. If the human remains are determined to be in situ, i.e., they have not been moved or relocated to the site of discovery, the preservation methods in No. 4 below shall apply. 4. Require that all construction personnel shall be instructed to stop work on the project site in the event of a potential find, until the archaeologist and Native Monitors have been able to assess the significance of the find and implement appropriate measures as outlined in the AMMP Research Design Plan. Construction personnel shall also be instructed that unauthorized collection of cultural resources is prohibited by law. If archaeological resources are discovered during ground-disturbing activities, the archaeologist has the authority to cease all earthwork in the immediate area of the finds (within 50 feet) until the find can be evaluated for significance. In the absence of a determination, all archaeological resources shall be considered significant. If the resource is determined to be significant, the archaeologist shall prepare a research design and recovery/preservation plan for the resources as outlined within the AMMP. 5. Prior to the approval of the coastal development permit and any grading permit, the project developer shall provide written evidence to the City (or appropriate approval authority) that a City-approved paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. 6. A qualified biologist shall survey the project site for presence of Southern tarplant during the appropriate blooming period, May – November. If feasible, the survey shall be conducted during the peak blooming period for the year. The required Southern tarplant survey shall be submitted with the coastal development permit application. If Southern tarplant is present on-site, appropriate methods to protect it shall be considered as part of the coastal development permit review. At a minimum, any substantial occurrence (at least 500 mature individuals) shall be preserved on-site or relocated to open space areas in the Bolsa Chica area. Preservation on-site is preferred if appropriate and feasible. If relocation is required, a Southern tarplant relocation program shall be prepared by a qualified biologist for review and approval of the permit issuing authority prior to issuance of any approved coastal development permit and implemented prior to the onset of construction. 421 7. Focused burrowing owl surveys shall be conducted on the project site in accordance with the California Burrowing Owl Consortium (CBOC) and California Department of Fish and Wildlife (CDFW) established protocols. The survey(ies) shall be submitted with the coastal development permit application. If the surveys reveal evidence of active burrowing owl(s) presence on-site, appropriate methods of protection shall be considered as part of the coastal development permit review. The following may be considered, but different and/or additional protection measures may be deemed appropriate depending upon the contents of the survey and actual conditions at the time of coastal development permit review. The approved development footprint shall not constrain on-site active burrowing owl protection options. • If no occupied burrows are found, the methods and findings of the surveys shall be reported to the City and CDFW for review and approval and no further mitigation would be required. • If unoccupied burrows are found during the nonbreeding season, the burrows shall be collapsed or otherwise obstructed to prevent owls from entering and nesting in the burrows. • If occupied burrows are found, a buffer of 165 feet (during the nonbreeding season of September 1 through January 31) or 250 feet (during the breeding season of February 1 through August 31) shall be provided. The buffer area may be increased based on recommendations by a qualified biologist in consultation with the CDFW. No activity shall occur within the buffer area until a qualified biologist confirms that the burrow is no longer occupied. • If the burrow is occupied by a nesting pair, a minimum of 6.5 acres of foraging habitat contiguous to the burrow shall be maintained until the breeding season is over. The 6.5 acres would consist of the five acres of the project site as well as the adjacent 6.2 acre Goodell Property. The western portion of the Shea property is designated as permanent open space providing an additional 19 acres of foraging habitat, but shall not be relied upon to provide the required 6.5 acres of foraging habitat. 422 City of Huntington Beach File #:18-162 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Antonia Graham, Assistant to the City Manager Subject: City Council Positions on Legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC) Statement of Issue: On June 27, 2018, the Intergovernmental Relations Committee met and members recommended actions on pending legislation before the State Legislature. This action requests City Council authorization for the Mayor to sign official City position letters. Financial Impact: There is no fiscal impact. Recommended Action: A) Approve a City position of Oppose Senate Bill 946 (Lara) - Sidewalk Vendors; and , B) Approve a City position of Oppose on Senate Bill 998 (Dodd) - Discontinuation of Residential Water Service; and, C) Approve a City position of Oppose on Senate Bill 623 (Monning) - Water Quality: Safe and Affordable Drinking Water Fund; and, D) Approve a City position of Support on Assembly Bill 448 (Daly) - Orange County Housing Trust Fund. Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: The Intergovernmental Relations Committee (IRC) met to discuss pending legislation and regional issues. The Committee reviewed the 2018 State Legislative Matrix provided by the City’s State Advocate, Townsend Public City of Huntington Beach Printed on 7/11/2018Page 1 of 3 powered by Legistar™423 File #:18-162 MEETING DATE:7/16/2018 Affairs, discussed potential statewide ballot initiatives, and regional housing issues related to homelessness. The following is an analysis of bills/positions that the IRC voted to take a position on. Ø OPPOSE - Senate Bill 946 (Lara) - Sidewalk Vendors Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street. This bill would prohibit a local authority, from regulating sidewalk vendors. This bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. Ø OPPOSE - Senate Bill 998 (Dodd) - Discontinuation of Residential Water Services This bill would prohibit residential service from being discontinued under specified circumstances.If signed into law, this bill would significantly change the practice of public water agencies who currently undertake multiple protocols to ensure that water service is discontinued for non -payment. The City of Huntington Beach Public Works Department delivers safe, reliable, high-quality, and affordable water to customers in a dependable and responsible manner. This proposed one-size fits all statewide program would among other things prevent shut-offs for at least 60 days for delinquent customers, create a cap on reconnection fees that that may or may not cover the actual agency costs for these physical reconnections and trigger Proposition 218 concerns for public agencies, and expand authority to both the State Water Resources Control Board and the Attorney General to enforce provisions of the bill. Additionally, this bill would require the City to report the number of annual discontinuations of residential service for inability to pay on its website and to the Board. Ø OPPOSE - Senate Bill 623 (Monning) - Water Quality: Safe and Affordable Drinking Water Fund Under existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. This bill would establish the Safe and Affordable Water Fund in the State Treasury and would provide that monies in the fund are continuously appropriated to the state board. The bill would require the Board to administer the fund to secure access to safe drinking water for all, while also ensuring the long-term sustainability of drinking water and infrastructure. This bill would impose until July 1, 2020 a safe and affordable drinking water fee on each customer of a public water system, to be administered by the State Board, in consultation with the California Department of Tax and Fee Administration. The Board would annually determine the amounts of the safe and affordable drinking water fee, thereby taking away local control over fees and charges. Ø SUPPORT - Assembly Bill 448 (Daly) - Orange County Housing Trust Fund This bill would authorize the creation of the Orange County Housing Trust, a joint powers authority. The joint powers authority would potentially fund housing projects specifically assisting the homeless population and persons and families of extremely low, very low, and low income within Orange County. The Orange County Housing Trust is a regional and collaborative model to address homelessness and housing issues through a single purpose joint powers authority. This bill proposes a regional approach to accessing private, State and Federal funding, as opposed to individual municipalities competing amongst themselves for the same funds. If approved, the City could opt-in to the joint powers authority at Council direction. There is no requirement or mandate for an Orange County city to participate in the trust. City of Huntington Beach Printed on 7/11/2018Page 2 of 3 powered by Legistar™424 File #:18-162 MEETING DATE:7/16/2018 The Intergovernmental Relations Committee, comprised of Mayor Posey, Mayor Pro Tem Peterson, and Council Member Lyn Semeta recommended an oppose position on Senate Bills 946, 998, 623. These votes were unanimous in opposition. The Committee voted 2-1 to recommend a support position on AB 448. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. SB 946 (Lara) - Sidewalk Vendors 2. SB 998 (Dodd) - Discontinuation of Water Service 3. SB 623 (Monning) - Water Quality: Safe and Affordable Drinking Water Fund 4. AB 448 (Daly) - Orange County Housing Trust Fund 5. Association of California Cities - Orange County FAQ Packet on the OC Housing Trust City of Huntington Beach Printed on 7/11/2018Page 3 of 3 powered by Legistar™425 AMENDED IN ASSEMBLY JUNE 11, 2018 AMENDED IN SENATE APRIL 24, 2018 AMENDED IN SENATE APRIL 11, 2018 SENATE BILL No. 946 Introduced by Senator Lara (Coauthors: Assembly Members Eduardo Garcia and McCarty) January 29, 2018 An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors. legislative counsel’s digest SB 946, as amended, Lara. Sidewalk vendors. Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street. This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county. The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except where when that restriction is directly related to objective health, safety, or 426 welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time and manner of sidewalk vending, as specified. The bill would prohibit a person from operating as a sidewalk vendor in violation of, or a sidewalk vendor from violating, a local authority’s sidewalk vending program, as specified. specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of any part of the sidewalk that is subject to a separate temporary sidewalk use permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority. The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, as specified, to petition for dismissal of the sentence, fine, or conviction. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. (a) The Legislature finds and declares all of the line 2 following: line 3 (1) Sidewalk vending provides important entrepreneurship and line 4 economic development opportunities to low-income and immigrant line 5 communities. 2 427 line 1 (2) Sidewalk vending increases access to desired goods, such line 2 as culturally significant food and merchandise. line 3 (3) Sidewalk vending contributes to a safe and dynamic public line 4 space. line 5 (4) The safety and welfare of the general public is promoted by line 6 encouraging local authorities to support and properly regulate line 7 sidewalk vending. line 8 (5) The safety and welfare of the general public is promoted by line 9 prohibiting criminal penalties for violations of sidewalk vending line 10 ordinances and regulations. line 11 (6) This act applies to any city or county city, county, or city line 12 and county, including a charter city. The criminalization of small line 13 business entrepreneurs, and the challenges that those entrepreneurs line 14 face as a result of a criminal record, are matters of statewide line 15 concern. Further, unnecessary barriers have been erected blocking line 16 aspiring entrepreneurs from accessing the formal economy, line 17 harming California’s economy in the process, and disrupting the line 18 regulation of business, which is a matter of statewide concern. line 19 Moreover, California has an interest in the regulation of traffic, a line 20 matter of statewide concern, whether in ensuring the appropriate line 21 flow of traffic or in ensuring the safety of pedestrians on the road line 22 or the sidewalk. line 23 (b) It is the intent of the Legislature to promote entrepreneurship line 24 and support immigrant and low-income communities. line 25 SEC. 2. Chapter 6.2 (commencing with Section 51036) is added line 26 to Part 1 of Division 1 of Title 5 of the Government Code, to read: line 27 line 28 Chapter 6.2. Sidewalk Vendors line 29 line 30 51036. For purposes of this chapter, the following definitions line 31 apply: line 32 (a) “Sidewalk vendor” means a person who sells food or line 33 merchandise from a pushcart, stand, display, pedal-driven cart, line 34 wagon, showcase, rack, or other nonmotorized conveyance, or line 35 from one’s person, upon a public sidewalk or other pedestrian line 36 path. line 37 (b) “Roaming sidewalk vendor” means a sidewalk vendor who line 38 moves from place to place and stops only to complete a transaction. line 39 (c) “Stationary sidewalk vendor” means a sidewalk vendor who line 40 vends from a fixed location. 3 428 line 1 (d) “Local authority” means a chartered or general law city, line 2 county, or city and county. line 3 51037. (a) A local authority shall not regulate sidewalk vendors line 4 except in accordance with Sections 51038 and 51039. line 5 (b) Nothing in this chapter shall be construed to affect the line 6 applicability of Part 7 (commencing with Section 113700) of line 7 Division 104 of the Health and Safety Code to a sidewalk vendor line 8 who sells food. line 9 (c) Nothing in this chapter shall be construed to require a local line 10 authority to adopt a new program to regulate sidewalk vendors if line 11 the local authority has established an existing program that line 12 substantially complies with the requirements in this chapter. line 13 51038. (a) A local authority may adopt a program to regulate line 14 sidewalk vendors in compliance with this section. line 15 (b) A local authority’s sidewalk vending program shall comply line 16 with all of the following standards: line 17 (1) A local authority shall not require a sidewalk vendor to line 18 operate within specific parts of the public right-of-way, except line 19 where when that restriction is directly related to objective health, line 20 safety, or welfare concerns. For purposes of this paragraph, line 21 perceived community animus or economic competition does not line 22 constitute an objective health, safety, or welfare concern. line 23 (2) (A) A local authority shall not prohibit a sidewalk vendor line 24 from selling food or merchandise in a park owned or operated by line 25 the local authority, except the local authority may prohibit line 26 stationary sidewalk vendors from vending in the park only if the line 27 operator of the park has signed an agreement for concessions that line 28 exclusively permits the sale of food or merchandise by the line 29 concessionaire. line 30 (B) Notwithstanding subparagraph (A), a local authority may line 31 adopt additional requirements regulating the time, place, and line 32 manner of sidewalk vending in a park owned or operated by the line 33 local authority if the requirements are any of the following: line 34 (i) Directly related to objective health, safety, or welfare line 35 concerns. line 36 (ii) Necessary to ensure the public’s use and enjoyment of line 37 natural resources and recreational opportunities. line 38 (iii) Necessary to prevent an undue concentration of commercial line 39 activity that unreasonably interferes with the scenic and natural line 40 character of the park. 4 429 line 1 (3) A local authority shall not require a sidewalk vendor to first line 2 obtain the consent or approval of any nongovernmental entity or line 3 individual before he or she can sell food or merchandise. line 4 (4) (A) A local authority shall not restrict sidewalk vendors to line 5 operate only in a designated neighborhood or area, except where line 6 when that restriction is directly related to objective health, safety, line 7 or welfare concerns. line 8 (B) Notwithstanding subparagraph (A), a local authority may line 9 prohibit stationary sidewalk vendors in areas where commercial line 10 uses are not a permitted use, but shall not prohibit roaming line 11 sidewalk vendors. line 12 (5) A local authority shall not restrict the overall number of line 13 sidewalk vendors, vendors permitted to operate within the line 14 jurisdiction of the local authority, unless the restriction is directly line 15 related to objective health, safety, or welfare concerns. line 16 (c) A local authority may, by ordinance or resolution, adopt line 17 additional requirements regulating the time and manner of sidewalk line 18 vending, vending if the requirements are directly related to line 19 objective health, safety, or welfare concerns, including, but not line 20 limited to, any of the following: line 21 (1) Limitations on hours of operation that are not unduly line 22 restrictive. In nonresidential areas, any limitations on the hours of line 23 operation for sidewalk vending shall not be more restrictive than line 24 any limitations on hours of operation imposed on other businesses line 25 or uses on the same street. line 26 (2) Requirements to maintain sanitary conditions. line 27 (3) Requirements necessary to ensure compliance with the line 28 federal Americans with Disabilities Act of 1990 (Public Law line 29 101-336) and other disability access standards. line 30 (3) line 31 (4) Requiring the sidewalk vendor to possess obtain from the line 32 local authority a permit for sidewalk vending or a valid business line 33 license, provided that the local authority issuing the permit or line 34 business license accepts a California driver’s license or line 35 identification number, an individual taxpayer identification number, line 36 or a municipal identification number in lieu of a social security line 37 number if the local authority otherwise requires a social security line 38 number for the issuance of a permit or business license, and that line 39 the number collected shall not be available to the public for line 40 inspection, is confidential, and shall not be disclosed except as 5 430 line 1 required to administer the permit or licensure program or comply line 2 with a state law or state or federal court order. line 3 (4) line 4 (5) Requiring the sidewalk vendor to possess a valid California line 5 Department of Tax and Fee Administration seller’s permit. line 6 (5) line 7 (6) Requiring additional licenses from other state or local line 8 agencies to the extent required by law. line 9 (6) line 10 (7) Requiring compliance with other generally applicable laws. line 11 (7) line 12 (8) Requiring a sidewalk vendor to submit information on his line 13 or her operations, including, but not limited to, any of the line 14 following: line 15 (A) The name and address of the sidewalk vendor. line 16 (B) A description of the merchandise offered for sale or line 17 exchange. line 18 (C) A certification by the vendor that to his or her knowledge line 19 and belief, the information contained on the form is true. line 20 (D) The California seller’s permit number (California line 21 Department of Tax and Fee Administration sales tax number), if line 22 any, of the sidewalk vendor. line 23 (E) If the sidewalk vendor is an agent of an individual, company, line 24 partnership, or corporation, the name and business address of the line 25 principal. line 26 (d) Notwithstanding subdivision (b), a local authority may do line 27 both of the following: line 28 (1) Prohibit sidewalk vendors in areas located within the line 29 immediate vicinity of a permitted certified farmers’ market or a line 30 permitted swap meet during the limited operating hours of that line 31 certified farmers’ market or swap meet. A “certified farmers’ line 32 market” means a location operated in accordance with Chapter line 33 10.5 (commencing with Section 47000) of Division 17 of the Food line 34 and Agriculture Code and any regulations adopted pursuant to line 35 that chapter. A “swap meet” means a location operated in line 36 accordance with Article 6 (commencing with Section 21660) of line 37 Chapter 9 of Division 8 of the Business and Professions Code, and line 38 any regulations adopted pursuant to that article. line 39 (2) Restrict or prohibit sidewalk vendors within the immediate line 40 vicinity of any part of the sidewalk that is subject to a separate 6 431 line 1 temporary sidewalk use permit issued by the local authority, line 2 provided that any notice, business interruption mitigation, or other line 3 rights provided to affected businesses or property owners under line 4 the local authority’s separate temporary sidewalk use permit are line 5 also provided to any sidewalk vendors specifically permitted to line 6 operate in the area, if applicable. For purposes of this paragraph, line 7 a separate temporary sidewalk use permit shall include, but not line 8 be limited to, a temporary permit for filming, parades, or outdoor line 9 concerts. A prohibition of sidewalk vendors pursuant to this line 10 paragraph shall only be effective for the limited duration of the line 11 separate temporary sidewalk use permit. line 12 (e) For purposes of this section, perceived community animus line 13 or economic competition does not constitute an objective health, line 14 safety, or welfare concern. line 15 51039. (a) A person shall not operate as a sidewalk vendor in line 16 violation of a program adopted by a local authority if that local line 17 authority has adopted a sidewalk vending program that complies line 18 with Section 51038. line 19 (b) A sidewalk vendor shall not violate the terms of a local line 20 authority’s sidewalk vending program that complies with Section line 21 51038. line 22 (c) line 23 51039. (a) (1) A violation of subdivision (a) or (b) a local line 24 authority’s sidewalk vending program that complies with Section line 25 51038 is punishable only by the following: line 26 (A) An administrative fine not exceeding one hundred dollars line 27 ($100) for a first violation. line 28 (B) An administrative fine not exceeding two hundred dollars line 29 ($200) for a second violation within one year of the first violation. line 30 (C) An administrative fine not exceeding five hundred dollars line 31 ($500) for each additional violation within one year of the first line 32 violation. line 33 (2) A local authority may rescind a permit issued to a sidewalk line 34 vendor for the term of that permit upon the fourth violation or line 35 subsequent violations of subdivision (a) or (b). violations. line 36 (d) line 37 (b) The proceeds of an administrative fine assessed pursuant to line 38 subdivision (c) (a) shall be deposited in the treasury of the local line 39 authority. line 40 (e) 7 432 line 1 (c) Failure to pay an administrative fine pursuant to subdivision line 2 (c) (a) shall not be punishable as an infraction or misdemeanor. line 3 Additional fines, fees, assessments, or any other financial line 4 conditions beyond those authorized in subdivision (c) (a) shall not line 5 be assessed. line 6 (f) line 7 (d) (1) A violation of subdivision (a) or (b), a local authority’s line 8 sidewalk vending program that complies with Section 51038, or a line 9 violation of any rules or regulations adopted prior to January 1, line 10 2019, that regulate or prohibit sidewalk vendors in the jurisdiction line 11 of a local authority that has not adopted a sidewalk vending line 12 program pursuant to Section 51038, authority, shall not be line 13 punishable as an infraction or misdemeanor, and the person alleged line 14 to have violated any of those provisions shall not be subject to line 15 arrest except where when permitted under law. line 16 (2) Notwithstanding any other law, paragraph (1) shall apply line 17 to all pending criminal prosecutions under any local ordinance or line 18 resolution regulating or prohibiting sidewalk vendors. Any of those line 19 criminal prosecutions that have not reached final judgment shall line 20 be dismissed. line 21 (g) line 22 (e) A local authority that has not adopted rules or regulations line 23 by ordinance or resolution that comply with Section 51037 shall line 24 not cite, fine, or prosecute a sidewalk vendor for a violation of any line 25 rule or regulation that is inconsistent with the standards described line 26 in subdivision (b) Section 51038. line 27 (h) line 28 (f) (1) When assessing an administrative fine pursuant to line 29 subdivision (c), (a), the adjudicator shall take into consideration line 30 the person’s ability to pay the fine. The local authority shall provide line 31 the person with notice of his or her right to request an ability-to-pay line 32 determination and shall make available instructions or other line 33 materials for requesting an ability-to-pay determination. The person line 34 may request an ability-to-pay determination at adjudication or line 35 while the judgment remains unpaid, including when a case is line 36 delinquent or has been referred to a comprehensive collection line 37 program. line 38 (2) If the person meets the criteria described in subdivision (a) line 39 or (b) of Section 68632, the local authority shall accept, in full 8 433 line 1 satisfaction, 20 percent of the administrative fine imposed pursuant line 2 to subdivision (c). (a). line 3 (3) The local authority may allow the person to complete line 4 community service in lieu of paying the total administrative fine, line 5 may waive the administrative fine, or may offer an alternative line 6 disposition. line 7 (i) line 8 (g) (1) A person who is currently serving, or who completed, line 9 a sentence, or who is subject to a fine, for a conviction of a line 10 misdemeanor or infraction for sidewalk vending, whether by trial line 11 or by open or negotiated plea, who would not have been guilty of line 12 that offense under the act that added this section had that act been line 13 in effect at the time of the offense, may petition for dismissal of line 14 the sentence, fine, or conviction before the trial court that entered line 15 the judgment of conviction in his or her case. line 16 (2) Upon receiving a petition under paragraph (1), the court line 17 shall presume the petitioner satisfies the criteria in paragraph (1) line 18 unless the party opposing the petition proves by clear and line 19 convincing evidence that the petitioner does not satisfy the criteria. line 20 If the petitioner satisfies the criteria in paragraph (1), the court line 21 shall grant the petition to dismiss the sentence or fine, if applicable, line 22 and dismiss and seal the conviction, because the sentence, fine, line 23 and conviction are legally invalid. line 24 (3) Unless requested by the petitioner, no hearing is necessary line 25 to grant or deny a petition filed under paragraph (1). line 26 (4) If the court that originally sentenced or imposed a fine on line 27 the petitioner is not available, the presiding judge shall designate line 28 another judge to rule on the petition. line 29 (5) Nothing in this subdivision is intended to diminish or line 30 abrogate any rights or remedies otherwise available to the line 31 petitioner. line 32 (6) Nothing in this subdivision or related provisions is intended line 33 to diminish or abrogate the finality of judgments in any case not line 34 falling within the purview of this chapter. line 35 SEC. 3. The Legislature finds and declares that Section 2 of line 36 this act, which adds Section 51038 to the Government Code, line 37 imposes a limitation on the public’s right of access to the meetings line 38 of public bodies or the writings of public officials and agencies line 39 within the meaning of Section 3 of Article I of the California line 40 Constitution. Pursuant to that constitutional provision, the 9 434 line 1 Legislature makes the following findings to demonstrate the interest line 2 protected by this limitation and the need for protecting that interest: line 3 The Legislature finds and declares that in order to protect the line 4 privacy of a sidewalk vendor with regard to his or her California line 5 driver’s license or identification number, individual taxpayer line 6 identification number, or municipal identification number, when line 7 that number is collected in lieu of a social security number for line 8 purposes of the issuance of a business license, it is necessary that line 9 the sidewalk vendor’s number be confidential, except as provided line 10 in this act. O 10 435 AMENDED IN ASSEMBLY JUNE 14, 2018 AMENDED IN SENATE MAY 7, 2018 AMENDED IN SENATE APRIL 30, 2018 AMENDED IN SENATE APRIL 23, 2018 AMENDED IN SENATE APRIL 9, 2018 AMENDED IN SENATE MARCH 22, 2018 SENATE BILL No. 998 Introduced by Senator Dodd February 5, 2018 An act to add Chapter 6 (commencing with Section 116900) to Part 12 of Division 104 of the Health and Safety Code, relating to water. legislative counsel’s digest SB 998, as amended, Dodd. Discontinuation of residential water service: urban and community water systems. Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including water corporations. Existing law requires certain notice to be given before a water corporation, public utility district, municipal utility district, or a municipally owned or 436 operated public utility furnishing water may terminate residential service for nonpayment of a delinquent account, as prescribed. This bill would require an urban and community water system, defined as a public water system that supplies water to more than 200 service connections, to have a written policy on discontinuation of water service to certain types of residences for nonpayment available in prescribed languages. The bill would require the policy to include certain components, be available on the system’s Internet Web site, and be provided to customers in writing, upon request. The bill would provide for enforcement of these provisions, including making a violation of these provisions punishable by a civil penalty issued by the board in an amount not to exceed $1,000 for each day in which the violation occurs. occurs, and would require the enforcement moneys collected by the board to be deposited in the Safe Drinking Water Account. The bill would prohibit an urban and community water system from discontinuing residential service for nonpayment until a payment by a customer has been delinquent for at least 60 days. The bill would require an urban and community water system to contact the customer named on the account and provide the customer with the urban and community water system’s policy on discontinuation of residential service for nonpayment no less than 7 business days before discontinuation of residential service, as prescribed. This bill would prohibit residential service from being discontinued under specified circumstances. The bill would require an urban and community water system that discontinues residential service to provide the customer with information on how to restore service and petition for a waiver of reconnection fees. The bill would require an urban and community water system to waive reconnection fees and offer a reduction or waiver of interest charges on delinquent bills for a residential customer who demonstrates, as prescribed, to the urban and community water system household income below 200% of the federal poverty line and would limit the amount of a reconnection of service fee imposed on any other residential customer. The bill would require an urban and community water system that furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit structure, mobilehome park, or permanent residential structure in a labor camp, and that the owner, manager, or operator of the dwelling, structure, or park is the customer of record, to make every good faith effort to inform the residential occupants by written notice that service will be terminated and that the 2 437 residential occupants have the right to become customers, as specified. The bill would require an urban and community water system to report the number of annual discontinuations of residential service for inability to pay on its Internet Web site and to the board, and the bill would require the board to post on its Internet Web site the information reported. The bill would require an urban water supplier, as defined, or an urban and community water system regulated by the commission, to comply with the bill’s provisions on and after February 1, 2020, and any other urban and community water system to comply with the bill’s provisions on and after April 1, 2020. The bill would provide that the provisions of the bill are in addition to the provisions in existing law duplicative of the bill and that where the provisions are inconsistent, the provisions described in the bill apply. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares as follows: line 2 (a) All Californians have the right to safe, accessible, and line 3 affordable water as declared by Section 106.3 of the Water Code. line 4 (b) It is the intent of the Legislature to minimize the number of line 5 Californians who lose access to water service due to inability to line 6 pay. line 7 (c) Water service discontinuations threaten human health and line 8 well-being, and have disproportionate impact on infants, children, line 9 the elderly, low-income families, communities of color, people line 10 for whom English is a second language, physically disabled line 11 persons, and persons with life-threatening medical conditions. line 12 (d) When there is a delinquent bill, all Californians, regardless line 13 of whether they pay a water bill directly, should be treated fairly, line 14 and fair treatment includes the ability to contest a bill, seek line 15 alternative payment schedules, and demonstrate medical need and line 16 severe economic hardship. line 17 (e) The loss of water service causes tremendous hardship and line 18 undue stress, including increased health risks to vulnerable line 19 populations. line 20 (f) It is the intent of the Legislature that this act provide line 21 additional procedural protections and expand upon the procedural line 22 safeguards contained in the Public Utilities Code and Government 3 438 line 1 Code as of January 1, 2018, relating to utility service line 2 disconnections. line 3 SEC. 2. Chapter 6 (commencing with Section 116900) is added line 4 to Part 12 of Division 104 of the Health and Safety Code, to read: line 5 line 6 Chapter 6. Discontinuation of Residential Water line 7 Service line 8 line 9 116900. For the purposes of this chapter, the following line 10 definitions apply: line 11 (a) “Board” means the State Water Resources Control Board. line 12 (b) “Public water system” has the same meaning as defined in line 13 Section 116275. line 14 (c) “Residential service” means water service to a residential line 15 connection that includes individually metered single-family line 16 residences, individually metered and master-metered multifamily line 17 residences, master-metered mobilehome parks, individually line 18 metered mobilehomes in mobilehome parks, or farmworker line 19 housing. line 20 (d) “Urban and community water system” means a public water line 21 system that supplies water to more than 200 service connections. line 22 (e) “Urban water supplier” has the same meaning as defined in line 23 Section 10617 of the Water Code. line 24 116902. (a) An urban water supplier not regulated by the line 25 Public Utilities Commission shall comply with this chapter on and line 26 after February 1, 2020. The urban water supplier shall adopt rules line 27 to comply with this chapter. line 28 (b) An urban and community water system regulated by the line 29 Public Utilities Commission shall comply with this chapter on and line 30 after February 1, 2020. The urban and community water system line 31 regulated by the Public Utilities Commission shall file advice line 32 letters with the commission to conform with this chapter. line 33 (c) An urban and community water system not described in line 34 subdivision (a) or (b) shall comply with this chapter on and after line 35 April 1, 2020. The urban and community water system shall adopt line 36 rules to comply with this chapter. line 37 116904. (a) An urban and community water system shall have line 38 a written policy on discontinuation of residential service for line 39 nonpayment available in English, the languages listed in Section line 40 1632 of the Civil Code, and any other language spoken by at least 4 439 line 1 10 percent of the people residing in its service area. The policy line 2 shall include all of the following: line 3 (1) A plan for deferred or reduced payments. line 4 (2) Alternative payment schedules. line 5 (3) A formal mechanism for a customer to contest or appeal a line 6 bill. line 7 (4) A telephone number for a customer to contact to discuss line 8 options for averting discontinuation of residential service for line 9 nonpayment. line 10 (b) The policy shall be available on the urban and community line 11 water system’s Internet Web site, if an Internet Web site exists. If line 12 an Internet Web site does not exist, the urban and community water line 13 system shall provide the policy to customers in writing, upon line 14 request. line 15 (c) (1) The board may enforce the requirements of this section line 16 pursuant to Sections 116577, 116650, and 116655. The provisions line 17 of Section 116585 and Article 10 (commencing with Section line 18 116700) of Chapter 4 apply to enforcement undertaken for a line 19 violation of this section. line 20 (2) All moneys collected pursuant to this subdivision shall be line 21 deposited in the General Fund. Safe Drinking Water Account line 22 established pursuant to Section 116590. line 23 116906. (a) (1) (A) An urban and community water system line 24 shall not discontinue residential service for nonpayment until a line 25 payment by a customer has been delinquent for at least 60 days. line 26 No less than seven business days before discontinuation of line 27 residential service for nonpayment, an urban and community water line 28 system shall contact the customer named on the account by line 29 telephone and or written notice. line 30 (B) When the urban and community water system contacts the line 31 customer named on the account by telephone pursuant to line 32 subparagraph (A), it shall offer to provide in writing to the line 33 customer the urban and community water system’s policy on line 34 discontinuation of residential service for nonpayment. An urban line 35 and community water system shall offer to discuss options to avert line 36 discontinuation of residential service for nonpayment, including, line 37 but not limited to, alternative payment schedules, deferred line 38 payments, minimum payments, procedures for requesting line 39 amortization of the unpaid balance, and petition for bill review line 40 and appeal. 5 440 line 1 (C) When the urban and community water system contacts the line 2 customer named on the account by written notice pursuant to line 3 subparagraph (A), the written notice of payment delinquency and line 4 impending discontinuation shall be mailed to the owner customer line 5 of the residence to which the residential service is provided. If the line 6 owner’s customer’s address is not the address of the property to line 7 which residential service is provided, the notice also shall be sent line 8 to the address of the property to which residential service is line 9 provided, addressed to “Occupant.” The notice shall include, but line 10 is not limited to, all of the following information in a clear and line 11 legible format: line 12 (i) The owner’s customer’s name and address. line 13 (ii) The amount of the delinquency. line 14 (iii) The date by which payment or arrangement for payment is line 15 required in order to avoid discontinuation of residential service. line 16 (iv) A description of the process to apply for an extension of line 17 time to pay the delinquent charges if the charges are beyond the line 18 means of the owner to pay in full. charges. line 19 (v) A description of the procedure to petition for bill review and line 20 appeal. line 21 (vi) A description of the procedure by which the customer may line 22 request a deferred, reduced, or alternative payment schedule, line 23 including an amortization of the delinquent residential service line 24 charges. charges, consistent with the written policies provided line 25 pursuant to subdivision (a) of Section 116904. line 26 (2) If the urban and community water system is unable to make line 27 contact with the customer or an adult occupying the residence by line 28 telephone, and written notice is returned through the mail as line 29 undeliverable, the urban and community water system shall make line 30 a good faith effort to visit the residence and leave, or make other line 31 arrangements for placement in a conspicuous place, place of, a line 32 notice of imminent discontinuation of residential service for line 33 nonpayment and the urban and community water system’s policy line 34 for discontinuation of residential service for nonpayment. line 35 (b) If an adult at the residence appeals the water bill to the urban line 36 and community water system or any other administrative or legal line 37 body to which such an appeal may be lawfully taken, the urban line 38 and community water system shall not discontinue residential line 39 service while the appeal is pending. 6 441 line 1 116908. (a) An urban and community water system shall not line 2 discontinue residential service for nonpayment if all of the line 3 following conditions are met: line 4 (1) The customer, or a tenant of the customer, submits to the line 5 urban and community water system the certification of a licensed line 6 medical professional primary care provider, as that term is defined line 7 in subparagraph (A) of paragraph (1) of subdivision (b) of Section line 8 14088 of the Welfare and Institutions Code, that discontinuation line 9 of residential service will be life threatening to, or pose a serious line 10 threat to the health and safety of, a resident of the premises where line 11 residential service is provided. line 12 (2) The customer demonstrates that he or she is financially line 13 unable to pay for residential service within the urban and line 14 community water system’s normal payment period. billing cycle. line 15 The customer shall be deemed financially unable to pay for line 16 residential service within the urban and community water system’s line 17 normal payment period billing cycle if any member of the line 18 customer’s household is a current recipient of CalWORKs, line 19 CalFresh, general assistance, Medi-Cal, Supplemental Security line 20 Income/State Supplementary Payment Program, or California line 21 Special Supplemental Nutrition Program for Women, Infants, and line 22 Children, or the customer declares that the household’s annual line 23 income is less than 200 percent of the federal poverty level. line 24 (3) The customer is willing to enter into an amortization line 25 agreement, alternative payment schedule, or a plan for deferred or line 26 reduced payment payment, consistent with the written policies line 27 provided pursuant to subdivision (a) of Section 116904, with line 28 respect to all delinquent charges. line 29 (b) (1) If the conditions listed in subdivision (a) are met, the line 30 urban and community water system shall offer the customer one line 31 or more of the following options: line 32 (A) Amortization of the unpaid balance. line 33 (B) Participation in an alternative payment schedule. line 34 (C) A partial or full reduction of the unpaid balance financed line 35 without additional charges to other ratepayers. line 36 (D) Temporary deferral of payment. line 37 (2) The urban and community water system may choose which line 38 of the payment options described in paragraph (1) the customer line 39 undertakes and may set the parameters of that payment option. line 40 Ordinarily, the repayment option offered should result in repayment 7 442 line 1 of any remaining outstanding balance within 12 months. An urban line 2 and community water system may grant a longer repayment period line 3 if it finds the longer period is necessary to avoid undue hardship line 4 to the customer based on the circumstances of the individual case. line 5 (3) Residential service may be discontinued no sooner than 5 line 6 business days after the urban and community water system posts line 7 a final notice of intent to disconnect service in a prominent and line 8 conspicuous location at the property under either of the following line 9 circumstances: line 10 (A) The customer fails to comply with an amortization line 11 agreement, an alternative payment schedule, or a deferral or line 12 reduction in payment plan for delinquent charges for 60 days or line 13 more. line 14 (B) While undertaking an amortization agreement, an alternative line 15 payment schedule, or a deferral or reduction in payment plan for line 16 delinquent charges, the customer does not pay his or her current line 17 residential service charges for 60 days or more. line 18 116910. An urban and community water system that line 19 discontinues residential service for nonpayment shall provide the line 20 customer with information on how to restore residential service line 21 and petition for a waiver of reconnection fees pursuant to Section line 22 116912. line 23 116912. (a) For a residential customer who demonstrates to line 24 an urban and community water system household income below line 25 200 percent of the federal poverty line, the urban and community line 26 water system shall waive reconnection fees and offer a reduction line 27 or waiver of interest charges on delinquent bills once every 12 line 28 months. An urban and community water system may waive line 29 reconnection fees and offer a reduction or waiver of interest charges line 30 on delinquent bills more than once every 12 months. An urban and line 31 community water system shall deem a residential customer to have line 32 a household income below 200 percent of the federal poverty line line 33 if any member of the household is a current recipient of line 34 CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental line 35 Security Income/State Supplementary Payment Program, or line 36 California Special Supplemental Nutrition Program for Women, line 37 Infants, and Children, or the customer declares that the household’s line 38 annual income is less than 200 percent of the federal poverty level. line 39 (b) For a residential customer not described in subdivision (a), line 40 an urban and community water system shall set a reconnection of 8 443 line 1 service fee for reconnection during normal operating hours at fifty line 2 dollars ($50) or less, with ($50), but not to exceed the actual cost line 3 of reconnection if it is less. Reconnection fees shall be subject to line 4 an annual adjustment for changes in the Consumer Price Index line 5 beginning January 1, 2021. For the reconnection of residential line 6 service during nonoperational hours, an urban and community line 7 water system shall set a reconnection of service fee at one hundred line 8 fifty dollars ($150) or less, with ($150), but not to exceed the actual line 9 cost of reconnection if it is less. Reconnection fees shall be subject line 10 to an annual adjustment for changes in the Consumer Price Index line 11 beginning January 1, 2021. line 12 116913. (a) This section applies if there is a landlord-tenant line 13 relationship between the residential occupants and the owner, line 14 manager, or operator of the dwelling. line 15 (b) If an urban and community water system furnishes line 16 individually metered residential service to residential occupants line 17 of a detached single-family dwelling, a multiunit residential line 18 structure, mobilehome park, or permanent residential structure in line 19 a labor camp as defined in Section 17008 of the Health and Safety line 20 Code, and the owner, manager, or operator of the dwelling, line 21 structure, or park is the customer of record, the urban and line 22 community water system shall make every good faith effort to line 23 inform the residential occupants, by means of written notice, when line 24 the account is in arrears that service will be terminated at least 10 line 25 days prior to the termination. The written notice shall further line 26 inform the residential occupants that they have the right to become line 27 customers, to whom the service will then be billed, without being line 28 required to pay any amount which may be due on the delinquent line 29 account. line 30 (c) The urban and community water system is not required to line 31 make service available to the residential occupants unless each line 32 residential occupant agrees to the terms and conditions of service line 33 and meets the requirements of law and the urban and community line 34 water system’s rules and tariffs. However, if one or more of the line 35 residential occupants are willing and able to assume responsibility line 36 for the subsequent charges to the account to the satisfaction of the line 37 urban and community water system, or if there is a physical means line 38 legally available to the urban and community water system of line 39 selectively terminating service to those residential occupants who line 40 have not met the requirements of the urban and community water 9 444 line 1 system’s rules and tariffs, the urban and community water system line 2 shall make service available to those residential occupants who line 3 have met those requirements. line 4 (d) If prior service for a period of time is a condition for line 5 establishing credit with the urban and community water system, line 6 residence and proof of prompt payment of rent or other credit line 7 obligation acceptable to the urban and community water system line 8 for that period of time is a satisfactory equivalent. line 9 (e) Any residential occupant who becomes a customer of the line 10 urban and community water system pursuant to this section whose line 11 periodic payments, such as rental payments, include charges for line 12 residential water service, where those charges are not separately line 13 stated, may deduct from the periodic payment each payment period line 14 all reasonable charges paid to the urban and community water line 15 system for those services during the preceding payment period. line 16 (f) In the case of a detached single-family dwelling, the urban line 17 and community water system may do any of the following: line 18 (1) Give notice of termination at least seven days prior to the line 19 proposed termination. line 20 (2) In order for the amount due on the delinquent account to be line 21 waived, require an occupant who becomes a customer to verify line 22 that the delinquent account customer of record is or was the line 23 landlord, manager, or agent of the dwelling. Verification may line 24 include, but is not limited to, a lease or rental agreement, rent line 25 receipts, a government document indicating that the occupant is line 26 renting the property, or information disclosed pursuant to Section line 27 1962 of the Civil Code. line 28 116914. An urban and community water system shall report line 29 the number of annual discontinuations of residential service for line 30 inability to pay on the urban and community water system’s line 31 Internet Web site, if an Internet Web site exists, and to the board. line 32 The board shall post on its Internet Web site the information line 33 reported. line 34 116916. The Attorney General, at the request of the board or line 35 upon his or her own motion, may bring an action in state court to line 36 restrain by temporary or permanent injunction the use of any line 37 method, act, or practice declared in this chapter to be unlawful. line 38 116917. All written notices required under this chapter shall line 39 be provided in English, the languages listed in Section 1632 of the line 40 Civil Code, and any other language spoken by 10 percent or more 10 445 line 1 of the customers in the urban and community water system’s line 2 service area. line 3 116918. Where provisions of existing law are duplicative of line 4 this chapter, compliance with one shall be deemed compliance line 5 with the other. Where those provisions are inconsistent, the line 6 provisions of this chapter shall apply. Nothing in this chapter shall line 7 be construed to limit or restrict the procedural safeguards against line 8 the disconnection of residential water service existing as of line 9 December 31, 2018. line 10 116919. This chapter does not apply to the termination of a line 11 service connection by an urban and community water system due line 12 to an unauthorized action of a customer. O 11 446 AMENDED IN ASSEMBLY AUGUST 21, 2017 AMENDED IN ASSEMBLY JULY 3, 2017 AMENDED IN ASSEMBLY JUNE 26, 2017 AMENDED IN SENATE APRIL 26, 2017 AMENDED IN SENATE MARCH 30, 2017 SENATE BILL No. 623 Introduced by Senator Monning (Principal coauthors: Senators De León and Hertzberg) (Coauthors: Senators Stone and Hernandez) (Coauthors: Senators Dodd, Hernandez, Stone, and Vidak) (Coauthor: Assembly Member Bloom) February 17, 2017 An act to amend Section 116395 of, and add Article 6.5 (commencing with Section 14615) to Chapter 5 of Division 7 of, to add Article 14.5 (commencing with Section 62215) to Chapter 2 of Part 3 of Division 21 of, and to repeal Sections 14616 and 62216 of, the Food and Agricultural Code, to add Chapter 4.6 (commencing with Section 116765) to Part 12 of Division 104 of, of the Health and Safety Code, and to amend Section 13050 of, and to add Article 4.5 (commencing with Section 13278) of to Chapter 4 of Division 7 of, the Water Code, relating to water, and making an appropriation therefor. legislative counsel’s digest SB 623, as amended, Monning. Water quality: Safe and Affordable Drinking Water Fund. (1) Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions 447 relating to the regulation of drinking water to protect public health. Existing law establishes the Office of Sustainable Water Solutions within the State Water Resources Control Board with the purpose of promoting permanent and sustainable drinking water and wastewater treatment solutions to ensure the effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. This bill would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide that moneys in the fund are continuously appropriated to the office. state board. The bill would require the board to administer the fund to assist communities and individual domestic well users to address contaminants in drinking water that exceed safe drinking water standards, as specified. secure access to safe drinking water for all Californians, while also ensuring the long-term sustainability of drinking water service and infrastructure. The bill would authorize the state board to provide for the deposit into the fund of federal contributions and contributions, voluntary contributions, gifts, grants, or bequests. bequests, and settlements from parties responsible for contamination of drinking water supplies. The bill would require the state board to expend moneys in the fund for grants, loans, contracts, or services to assist those communities and individual domestic well owners that rely on contaminated drinking water to have access to eligible applicants with projects relating to the provision of safe and affordable drinking water consistent with a fund implementation plan adopted annually by the state board, as prescribed. The bill would require the state board annually to prepare and make available a report of expenditures of the fund and to adopt annually, after a public hearing, an assessment of funding needed to ensure all Californians have access to safe drinking water. assessment of funding need that estimates the anticipated funding needed for the next fiscal year to achieve the purposes of the fund. The bill would require, by January 1, 2019, the state board, in consultation with local health officers and other relevant stakeholders, to make available a map of aquifers that are used or likely to be used as a source of drinking water that are at high risk of containing contaminants. For purposes of the map, the bill would require local health officers and other relevant local agencies to provide all results of, and data associated with, water 2 448 quality testing performed by certified laboratories to the board, as specified. By imposing additional duties on local health officers and local agencies, the bill would impose a state-mandated local program. By creating a new continuously appropriated fund, this bill would make an appropriation. The bill would state the intent of the Legislature to subsequently amend the bill to seek specific funding from agricultural operations to assist in providing emergency, interim, and long-term assistance to community water systems and individual domestic well users whose wells are located in agricultural areas. (2) The act provides for the operation of public water systems and imposes on the state board various duties and responsibilities for the regulation and control of drinking water in the state. The act generally does not apply to state small water systems, except that the act requires the board to adopt regulations specifying minimum requirements for operation of a state small water system, which are authorized to be less stringent than the requirements for public water systems, requires the enforcement of these requirements, and authorizes the reasonable costs of the local health officer to be recovered. The act, within 3 years after September 19, 1985, required the State Department of Public Health to, among other things, conduct training workshops to assist health officers in evaluation of small public water systems, as defined, for organic chemical contamination, and in sampling and testing procedures and required the local health officer, in consultation with the department, to conduct an evaluation of all small public water systems under their jurisdictions to determine the potential for contamination of groundwater sources by organic chemicals and to develop a sampling plan for each system within their jurisdiction. The act provided that these provisions were operative during any fiscal year only if the Legislature appropriated sufficient funds to pay for all state-mandated costs to be incurred by local agencies during that year due to these provisions. This bill would require the state board, by January 1, 2019, to promulgate regulations to require state small water systems and individual domestic wells to test their water supply wells for contamination. The bill would require testing to be prioritized based on local water quality conditions and would require the state board to review these regulations at least every 5 years. The bill would exempt these provisions from the above-described inoperative provision. 3 449 (2) Existing law, the Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose, until July 1, 2020, a safe and affordable drinking water fee in specified amounts on each customer of a public water system, to be administered by the state board, in consultation with the California Department of Tax and Fee Administration, in accordance with the Fee Collection Procedures Law. The bill would exempt from the fee a customer that self-certifies under penalty of perjury the customer’s satisfaction of specified criteria relating to income. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require, beginning July 1, 2020, the state board to annually determine the amounts of the safe and affordable drinking water fee not to exceed the amounts imposed until July 1, 2020, and not to exceed the anticipated funding need in the most recent assessment of funding need adopted by the state board pursuant to the Safe and Affordable Drinking Water Fund provisions, as prescribed. The bill would require the state board, by July 1, 2020, to adopt regulations, in consultation with the Public Utilities Commission, relating to an exemption from the fee for low-income households, as specified. The bill would require a public water system to collect the fee and to remit these moneys to the state board to be deposited into the Safe and Affordable Drinking Water Fund. The bill would authorize a public water system to apply to the state board to use an alternative method to calculate the fee. By expanding the application of the Fee Collection Procedures Law that imposes criminal penalties for various acts, this bill would impose a state-mandated local program. (3) Existing law requires every person who manufactures or distributes fertilizing materials to be licensed by the Secretary of Food and Agriculture and to pay a license fee that does not exceed $300. Existing law requires every lot, parcel, or package of fertilizing material to have a label attached to it, as required by the secretary. Existing law requires a licensee who sells or distributes bulk fertilizing materials to pay to the secretary an assessment not to exceed $0.002 per dollar of sales for all sales of fertilizing materials, as prescribed, for the purposes of the administration and enforcement of provisions relating to fertilizing materials. In addition to that assessment, existing law authorizes the secretary to impose an assessment in an amount not to exceed $0.001 per dollar of sales for all sales of fertilizing materials for the purpose 4 450 of providing funding for research and education regarding the use of fertilizing materials. Existing law specifies that a violation of the fertilizing material laws or the regulations adopted pursuant to those laws is a misdemeanor. This bill, until January 1, 2033, would require a licensee to pay to the secretary a fertilizer safe drinking water fee of $0.005 per dollar of sale for all sales of fertilizing materials. The bill, on and after January 1, 2033, would reduce the fee to $0.002 per dollar of sale and would authorize the secretary to reduce the fee as necessary to not exceed the anticipated funding need in the most recent assessment of funding need adopted by the board pursuant to the Safe and Affordable Drinking Water Fund provisions. The bill would require these moneys to be deposited into the Safe and Affordable Drinking Water Fund. The bill would authorize the secretary to adopt regulations relating to the administration and enforcement of these provisions. Because a violation of these provisions or regulations adopted pursuant to these provisions would be a crime, the bill would impose a state-mandated local program. (4) Existing law regulates the production, handling, and marketing of milk and dairy products and requires every milk handler subject to that regulatory scheme to pay specified assessments and fees to the Secretary of Food and Agriculture to cover the costs of regulating milk. Existing law governing milk defines “handler” as any person who, either directly or indirectly, receives, purchases, or otherwise acquires ownership, possession, or control of market milk from a producer, a producer-handler, or another handler for the purpose of manufacture, processing, sale, or other handling. Existing law defines “market milk” as milk conforming to specified standards and “manufacturing milk” as milk that does not conform to the requirements of market milk. Existing law provides that a violation of that regulatory scheme or a regulation adopted pursuant to that regulatory scheme is a misdemeanor. This bill would require, beginning January 1, 2020, until January 1, 2035, each handler subject to that regulatory scheme to deduct from payments made to producers for market and manufacturing milk the sum of $0.01355 per hundredweight of milk as a dairy safe drinking water fee. On and after January 1, 2035, the bill would reduce the fee to $0.00678 per hundredweight of milk and would authorize the secretary to reduce the fee as necessary to not exceed the anticipated funding need in the most recent assessment of funding need adopted by 5 451 the board pursuant to the Safe and Affordable Drinking Water Fund provisions. The bill would require these moneys to be deposited into the Safe and Affordable Drinking Water Fund. The bill would authorize the secretary to take specified enforcement actions and would require the secretary to adopt regulations for the administration and enforcement of these provisions. Because a violation of these provisions or regulations adopted pursuant to these provisions would be a crime, the bill would impose a state-mandated local program. (3) (5) Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with authority over matters relating to water quality. The act requires the state board to formulate and adopt state policies for water quality control and requires the regional boards to adopt regional water quality control plans in compliance with the state policies. Under the act, the state board and the regional boards prescribe waste discharge requirements for the discharge of waste that could affect the quality of the waters of the state. The act requires, upon the order of a regional board, a person who has caused or permitted, causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, to clean up the waste or abate the effects of the waste, or in the case of threatened pollution or nuisance, to take other remedial action. This bill would prohibit the state board or a regional board, until January 1, 2028, from subjecting an agricultural operation, as defined, to specified enforcement for causing or contributing to an exceedance of a water quality objective for nitrate in groundwater or for causing or contributing to a condition of pollution or nuisance for nitrates in groundwater if that agricultural operation demonstrates that it has satisfied certain mitigation requirements, including, among other requirements, the timely payment of any applicable fee, assessment, or charge the fertilizer safe drinking water fee or the dairy safe drinking water fee, as applicable, into the fund. The bill would prohibit the state board or a regional board, beginning January 1, 2028, until January 1, 2033, from subjecting an agricultural operation to specified enforcement for creating or threatening to create a condition of pollution or nuisance for nitrate in groundwater if that agricultural operation demonstrates that it has satisfied the prescribed mitigation requirements. The bill 6 452 would require the state board, by January 1, 2027, to conduct a public review of regulatory and basin plan amendment implementation programs to evaluate progress toward achieving water quality objectives with respect to nitrates in groundwater and assess compliance with adopted timelines, monitoring requirements, and implementation of best practicable treatment or control. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 116395 of the Health and Safety Code line 2 is amended to read: line 3 116395. (a) The Legislature finds and declares all of the line 4 following: line 5 (1) The large water system testing program has discovered line 6 chemical contamination of the state’s drinking water with line 7 increasing frequency. line 8 (2) A significant number of California residents rely on the line 9 state’s small water systems and individual domestic wells to line 10 provide their water. line 11 (3) The small systems and individual domestic wells, because line 12 they tend to be located in outlying rural areas where pesticide use line 13 is prevalent, and because they draw their water from shallow line 14 aquifers, face a serious threat of contamination. line 15 (4) Unchecked water sources that may be contaminated pose a line 16 potentially serious threat to the health of the citizens of California, line 17 particularly those living in outlying rural areas. 7 453 line 1 (5) It is in the interest of all Californians that a testing program line 2 for small public water systems and individual domestic wells be line 3 implemented and carried out as expeditiously as possible. line 4 (6) Section 106.3 of the Water Code declares that every line 5 Californian has the right to sufficient clean, safe, affordable, and line 6 accessible water adequate for human consumption, cooking, and line 7 sanitary purposes. line 8 (7) To ensure that the right of every Californian to sufficient line 9 clean, safe, affordable, and accessible water adequate for human line 10 consumption, cooking, and sanitary purposes is met, it is in the line 11 interest of the State of California to identify water quality threats line 12 in the state’s drinking water supply, to the extent feasible, whether line 13 those supplies serve a public water system, state small water line 14 system, or an individual domestic well. line 15 (b) (1) For purposes of this section, “small public water system” line 16 means a system with 200 connections or less, and is one of the line 17 following: line 18 (A) A community water system that serves at least 15 service line 19 connections used by yearlong residents or regularly serves at least line 20 25 yearlong residents. line 21 (B) A state small water system. line 22 (C) A noncommunity water system such as a school, labor camp, line 23 institution, or place of employment, as designated by the state line 24 board. line 25 (2) For the purposes of this section, “individual domestic well” line 26 means a groundwater well used to supply water for the domestic line 27 needs of an individual residence or systems of four or less service line 28 connections. line 29 (c) The state board shall conduct training workshops to assist line 30 health officers in evaluation of small public water systems for line 31 organic chemical contamination, and in sampling and testing line 32 procedures. The state board shall, at a minimum, provide health line 33 officers with guidelines for evaluating systems and instructions line 34 for sampling. line 35 (d) The state board shall develop a schedule for conduct of the line 36 programs by the local health officers. The schedule shall establish line 37 a program to address first those systems with the most serious line 38 potential for contamination. The state board shall enter into line 39 agreements with the local health agencies to conduct the necessary line 40 work to be performed pursuant to the schedule. The department 8 454 line 1 shall begin the program no later than three months after September line 2 19, 1985. All local health officers shall complete the evaluation, line 3 sampling, testing, review of sampling results, and notification to line 4 the public water systems within their jurisdiction in accordance line 5 with the agreements entered into with the state board and within line 6 the schedule established by the state board. All work required by line 7 this subdivision shall be completed within three years after line 8 September 19, 1985. line 9 (e) By January 1, 2019, the state board shall promulgate line 10 regulations to require state small water systems and individual line 11 domestic wells to test their water supply wells for contamination. line 12 The state board shall prioritize testing based on local water quality line 13 conditions. The state board shall review these regulations at least line 14 every five years. line 15 (f) (1) Except as provided in paragraph (2), this section shall line 16 be operative during any fiscal year only if the Legislature line 17 appropriates sufficient funds to pay for all state-mandated costs line 18 to be incurred by local agencies pursuant to this section during line 19 that year. line 20 (2) Subdivisions (a), (b), (e), and (f) shall not become line 21 inoperative. line 22 SECTION 1. Article 6.5 (commencing with Section 14615) is line 23 added to Chapter 5 of Division 7 of the Food and Agricultural line 24 Code, to read: line 25 line 26 Article 6.5. Fertilizer Safe Drinking Water Fee line 27 line 28 14615. (a) It is the intent of the Legislature to require licensees line 29 of bulk fertilizing materials, and to authorize licensees of packaged line 30 fertilizing materials, to pass the fertilizer safe drinking water fee line 31 on to the end user of the fertilizer. line 32 (b) For purposes of this article, the following definitions apply: line 33 (1) “Bulk fertilizing material” has the same meaning as applies line 34 to “bulk material” in Section 14517. line 35 (2) “Fertilizing material” has the same meaning as defined in line 36 Section 14533. line 37 (3) “Fund” means the Safe and Affordable Drinking Water line 38 Fund established by Section 116767 of the Health and Safety Code. line 39 (4) “Packaged” has the same meaning as defined in Section line 40 14551. 9 455 line 1 14616. (a) In addition to the assessments provided in Section line 2 14611, a licensee whose name appears on the label of bulk or line 3 packaged fertilizing materials shall pay to the secretary a fertilizer line 4 safe drinking water fee of five mills ($0.005) per dollar of sales line 5 for all sales of fertilizing materials to be deposited into the fund. line 6 (b) This section shall remain in effect only until January 1, 2033, line 7 and as of that date is repealed, unless a later enacted statute that line 8 is enacted before January 1, 2033, deletes or extends that date. line 9 14616. (a) In addition to the assessments provided in Section line 10 14611, a licensee whose name appears on the label of bulk or line 11 packaged fertilizing materials shall pay to the secretary a fertilizer line 12 safe drinking water fee of two mills ($0.002) per dollar of sales line 13 for all sales of fertilizing materials to be deposited into the fund. line 14 (b) The secretary may reduce the fertilizer safe drinking water line 15 fee as necessary to not exceed the anticipated funding need in the line 16 most recent assessment of funding need adopted by the State Water line 17 Resources Control Board pursuant to subdivision (b) of Section line 18 116769 of the Health and Safety Code. By October 1 of each year, line 19 the secretary shall notify all licensees of the amount of the fertilizer line 20 safe drinking water fee to be assessed in the following calendar line 21 year. line 22 (c) This section shall become operative on January 1, 2033. line 23 14617. (a) (1) A licensee whose name appears on the label line 24 who sells or distributes bulk fertilizing materials shall charge an line 25 unlicensed purchaser the fertilizer safe drinking water fee as a line 26 charge that is separate from, and not included in, any other fee, line 27 charge, or other amount paid by the purchaser. This fee shall be line 28 included on the bill of sale as a separate line item. line 29 (2) A licensee whose name appears on the label of packaged line 30 fertilizing materials may include the fertilizer safe drinking water line 31 fee as a charge that is separate from, and not included in, any line 32 other fee, charge, or other amount paid by the purchaser. line 33 (b) The secretary may prescribe, adopt, and enforce regulations line 34 relating to the administration and enforcement of this article. line 35 (c) The secretary may retain up to 2 percent of the moneys line 36 collected pursuant to this article for reasonable costs associated line 37 with the implementation and enforcement of this article. line 38 SEC. 2. Article 14.5 (commencing with Section 62215) is added line 39 to Chapter 2 of Part 3 of Division 21 of the Food and Agricultural line 40 Code, to read: 10 456 line 1 line 2 Article 14.5. Dairy Safe Drinking Water Fee line 3 line 4 62215. (a) It is the intent of the Legislature that the dairy safe line 5 drinking water fee be paid for all milk purchased in the state, line 6 regardless of grade. line 7 (b) For purposes of this article, the following definitions apply: line 8 (1) “Fee” means the dairy safe drinking water fee. line 9 (2) “Manufacturing milk” has the same meaning as defined in line 10 Section 32509. line 11 (3) “Market milk” has the same meaning as defined in Section line 12 32510. line 13 (4) “Milk” includes market milk and manufacturing milk. line 14 62216. (a) Beginning January 1, 2020, each handler, including line 15 a producer-handler, subject to the provisions of a stabilization line 16 and marketing plan shall deduct the sum of $0.01355 per line 17 hundredweight of milk from payments made to producers for milk, line 18 including the handler’s own production, as a dairy safe drinking line 19 water fee. line 20 (b) The secretary shall adopt regulations necessary for the line 21 proper administration and enforcement of this section by January line 22 1, 2020. line 23 (c) This section shall remain in effect only until January 1, 2035, line 24 and as of that date is repealed, unless a later enacted statute that line 25 is enacted before January 1, 2035, deletes or extends that date. line 26 62216. (a) Each handler, including a producer-handler, line 27 subject to the provisions of a stabilization and marketing plan line 28 shall deduct the sum of $0.00678 per hundredweight of milk from line 29 payments made to producers for milk, including the handler’s own line 30 production, as a dairy safe drinking water fee. line 31 (b) The secretary may reduce the fee, and may adjust the fee line 32 reduction from time to time, as necessary to not exceed the line 33 anticipated funding need in the most recent assessment of funding line 34 need adopted by the State Water Resources Control Board pursuant line 35 to subdivision (b) of Section 116769 of the Health and Safety Code. line 36 (c) The secretary shall adopt regulations necessary for the line 37 proper administration and enforcement of this section. line 38 (d) This section shall become operative on January 1, 2035. 11 457 line 1 62217. (a) A handler shall pay the dairy safe drinking water line 2 fee to the secretary on or before the 45th day following the last line 3 day of the month in which the milk was received. line 4 (b) The secretary shall remit the moneys paid to him or her line 5 pursuant to this article to the State Water Resources Control Board line 6 for deposit into the Safe and Affordable Drinking Water Fund line 7 established by Section 116767 of the Health and Safety Code. The line 8 secretary may retain up to 2 percent of the total amount that is line 9 paid to the secretary for the purposes of covering administrative line 10 costs borne by the secretary for implementing this section. line 11 (c) The secretary may require handlers, including cooperative line 12 associations acting as handlers, to make reports at any intervals line 13 and in any detail that he or she finds necessary for the accurate line 14 collection of the fee. line 15 (d) For the purposes of enforcing this article, the secretary, line 16 through his or her duly authorized representatives and agents, line 17 shall have access to the records of every producer and handler. line 18 The secretary shall have at all times free and unimpeded access line 19 to any building, yard, warehouse, store, manufacturing facility, line 20 or transportation facility in which any milk or milk product is line 21 produced, bought, sold, stored, bottled, handled, or manufactured. line 22 (e) Any books, papers, records, documents, or reports made to, line 23 acquired by, prepared by, or maintained by the secretary pursuant line 24 to this article that would disclose any information about finances, line 25 financial status, financial worth, composition, market share, or line 26 business operations of any producer or handler, excluding line 27 information that solely reflects transfers of production base and line 28 pool quota among producers, is confidential and shall not be line 29 disclosed to any person other than the person from whom the line 30 information was received, except pursuant to the final order of a line 31 court with jurisdiction, or as necessary for the proper line 32 determination of any proceeding before the secretary. line 33 SEC. 2. line 34 SEC. 3. Chapter 4.6 (commencing with Section 116765) is line 35 added to Part 12 of Division 104 of the Health and Safety Code, line 36 to read: 12 458 line 1 Chapter 4.6. Safe and Affordable Drinking Water line 2 line 3 Article 1. Legislative Findings and Declarations line 4 line 5 116765. The Legislature finds and declares all of the following: line 6 (a) Section 106.3 of the Water Code declares that it is the policy line 7 of the state that every human being has the right to safe, clean, line 8 affordable, and accessible water adequate for human consumption, line 9 cooking, and sanitary purposes. line 10 (b) For all public water systems, the operation and maintenance line 11 costs to supply, treat, and distribute potable water that complies line 12 with federal and state drinking water standards on a routine and line 13 consistent basis may be significant. line 14 (c) All public water systems are currently required to set, line 15 establish, and charge a schedule of rates and fees that are sufficient line 16 to recover the operation and maintenance costs required to supply, line 17 treat, and distribute potable water that complies with federal and line 18 state drinking water standards on a routine and consistent basis. line 19 (d) Hundreds of public water systems in the state cannot charge line 20 rates and fees that are affordable and sufficient to recover the full line 21 operation and maintenance costs required to supply, treat, and line 22 distribute potable water that complies with federal and state line 23 drinking water standards on a routine and consistent basis due to line 24 a combination of low income levels of customers, high treatment line 25 costs for contaminated water sources, and a lack of economies of line 26 scale that result in high unit costs for water service. Many schools line 27 that serve as their own regulated public water systems and have line 28 contaminated water sources cannot afford the full operation and line 29 maintenance costs required to provide water that meets federal line 30 and state drinking water standards. line 31 (e) Nearly all state or federal drinking water project funding line 32 sources prohibit the use of that funding for operation and line 33 maintenance costs, and as a result, those systems that cannot afford line 34 required operation and maintenance costs are unable to access line 35 funding for capital projects to meet federal and state drinking line 36 water standards. line 37 (f) As a result, hundreds of thousands of Californians, line 38 particularly those living in small disadvantaged communities, may line 39 be exposed to unsafe drinking water in their homes and schools, 13 459 line 1 which impacts human health, household costs, and community line 2 economic development. line 3 (g) A significant number of California residents rely on state line 4 small water systems and domestic wells to provide their drinking line 5 water. line 6 (h) State small water systems and domestic wells are not line 7 currently subject to any comprehensive federal or state line 8 requirements for chemical water quality monitoring. Many local line 9 agencies do not require any monitoring beyond what is required line 10 by state law, and there are wide discrepancies among local line 11 jurisdictions in well monitoring programs. line 12 (i) The state small water systems and individual domestic wells line 13 face a serious threat of contamination because they often draw line 14 their water from shallow groundwater sources and have fewer or line 15 no chemical monitoring requirements. line 16 (j) To ensure that the right of every Californian to safe, clean, line 17 affordable, and accessible water adequate for human consumption, line 18 cooking, and sanitary purposes is protected, it is in the interest of line 19 the State of California to identify where Californians are at high line 20 risk of lacking reliable access to safe drinking water or are known line 21 to lack reliable access to safe drinking water, whether they rely line 22 on a public water system, state small water system, or domestic line 23 well for their potable water supply. line 24 (k) Long-term sustainability of drinking water infrastructure line 25 and service provision is necessary to secure safe drinking water line 26 for all Californians and therefore it is in the interest of the state line 27 to discourage the proliferation of new, unsustainable public water line 28 systems and state small water systems, to prevent waste, and to line 29 encourage consolidation and service extension when feasible. line 30 (l) It is in the interest of all Californians to establish a fund with line 31 a stable source of revenue to provide financial support, particularly line 32 for operation and maintenance, necessary to secure access to safe line 33 drinking water for all Californians, while also ensuring the long line 34 term sustainability of drinking water service and infrastructure. line 35 line 36 Article 2. Definitions line 37 line 38 116765. line 39 116766. For the purposes of this chapter: 14 460 line 1 (a) “Agricultural operations” has the same meaning as defined line 2 in Section 13050 of the Water Code. line 3 (a) “Administrator” has the same meaning as defined in Section line 4 116686. line 5 (b) “Board” means the State Water Resources Control Board. line 6 (c) “Community water system” has the same meaning as defined line 7 in Section 116275. line 8 (d) “Customer” has the same meaning as defined in Section line 9 10612 of the Water Code. line 10 (d) line 11 (e) “Disadvantaged community” has the same meaning as line 12 defined in Section 116275. line 13 (f) “Domestic well” means a groundwater well used to supply line 14 water for the domestic needs of an individual residence or water line 15 systems with no more than four service connections. line 16 (e) line 17 (g) “Fund” means the Safe and Affordable Drinking Water Fund line 18 established pursuant to Section 116766. 116767. line 19 (h) “Fund implementation plan” means the fund implementation line 20 plan adopted pursuant to Section 116769. line 21 (f) line 22 (i) “Nontransient noncommunity water system” has the same line 23 meaning as defined in Section 116275. line 24 (g) line 25 (j) “Public water system” has the same meaning as defined in line 26 Section 116275. line 27 (h) line 28 (k) “Replacement water” includes, but is not limited to, bottled line 29 water, point-of-use, or point-of-entry treatment units. line 30 (i) “Safe Drinking Water Plan” means the plan prepared pursuant line 31 to Section 116355. line 32 (l) “Safe drinking water” has the same meaning as defined in line 33 Section 116681. line 34 (m) “Service connection” has the same meaning as defined in line 35 Section 116275. line 36 (n) “Small community water system” has the same meaning as line 37 defined in Section 116275. line 38 (o) “State small water system” has the same meaning as defined line 39 in Section 116275. 15 461 line 1 Article 3. Safe and Affordable Drinking Water Fund line 2 line 3 116766. line 4 116767. The Safe and Affordable Drinking Water Fund is line 5 hereby established in the State Treasury. Notwithstanding Section line 6 13340 of the Government Code, all moneys in the fund are line 7 continuously appropriated to the Office of Sustainable Water line 8 Solutions within the board without regard to fiscal years, in line 9 accordance with this chapter. Moneys in the fund at the close of line 10 the fiscal year shall remain in the fund and shall not revert to the line 11 General Fund. line 12 116767. line 13 116768. (a) The board shall administer the fund for the line 14 purposes of this chapter to provide a stable source of funding to line 15 assist communities and individual domestic well users to address line 16 contaminants in drinking water that exceed secure access to safe line 17 drinking water standards, the treatment of which would otherwise line 18 make the cost of water service unaffordable. for all Californians, line 19 while also ensuring the long-term sustainability of drinking water line 20 service and infrastructure. The board shall prioritize the use of line 21 this funding to assist low-income disadvantaged communities and line 22 low-income individual domestic well users. In addition, order to line 23 maximize the use of other funding sources for capital construction line 24 projects when available, the board shall prioritize the use of this line 25 funding for costs other than those related to capital construction line 26 costs. An costs, except for capital construction costs associated line 27 with consolidation and service extension to reduce the ongoing line 28 unit cost of service and to increase sustainability of drinking water line 29 infrastructure and service delivery. Beginning January 1, 2019, line 30 an expenditure from the fund shall be consistent with the annual line 31 fund implementation plan developed pursuant to Section 116769. line 32 On and after January 1, 2020, the total unencumbered amount in line 33 the fund shall not exceed the board’s total estimated need for line 34 moneys in the fund over a two-year period. plan. line 35 (b) In accordance with subdivision (a), the board shall expend line 36 moneys in the fund for grants, loans, contracts, or services to assist line 37 those communities and individual domestic well owners that rely line 38 on contaminated drinking water to have access to safe and line 39 affordable drinking water eligible applicants with any of the line 40 following: 16 462 line 1 (1) The provision of replacement water, as needed, to ensure line 2 immediate protection of health and safety as a short-term solution. line 3 (2) The development, implementation, and sustainability of line 4 long-term solutions, including, but not limited to, technical line 5 assistance, planning, construction, and operation and maintenance line 6 costs associated with replacing, blending, or treating contaminated line 7 wells and drinking water sources, consolidating water systems. line 8 systems, or extending drinking water services to other public water line 9 systems, domestic wells, or state small water systems. Technical line 10 assistance and planning costs may include, but are not limited to, line 11 analyses to identify, and efforts to further, opportunities to reduce line 12 the unit cost of providing drinking water through organizational line 13 and operational efficiency improvements, system consolidation line 14 and service extension, implementation of new technology, and line 15 other options and approaches to reduce costs. line 16 (3) Identifying and providing outreach to Californians without line 17 access to safe drinking water who are eligible to receive assistance line 18 from the fund and providing outreach to them. fund. line 19 (4) Testing the drinking water quality of individual domestic line 20 wells serving low-income households. households with an income line 21 equal to or less than 200 percent of the federal poverty level in line 22 high risk areas identified pursuant to Article 4 (commencing with line 23 Section 116770). line 24 (c) Eligible applicants for funding include public water systems; line 25 public agencies, including, but not limited to, local educational line 26 agencies; nonprofit organizations, public utilities, organizations; line 27 federally recognized Indian tribes, tribes; state Indian tribes listed line 28 on the Native American Heritage Commission’s California tribal line 29 consultation list, Tribal Consultation List; administrators; and line 30 groundwater sustainability agencies, and mutual water companies. line 31 agencies. line 32 (d) The board may expend moneys from the fund for reasonable line 33 costs associated with administration of the fund. Beginning July line 34 1, 2020, the board may expend up to no more than 5 percent of line 35 the annual expenditures from the fund for reasonable costs line 36 associated with administration of the fund. line 37 (e) The board may undertake any of the following actions to line 38 implement the fund: line 39 (1) Provide for the deposit of any of the following available and line 40 necessary moneys into the fund: 17 463 line 1 (A) Federal contributions. line 2 (B) Voluntary contributions, gifts, grants, or bequests. line 3 (C) Settlements from parties responsible for contamination of line 4 drinking water supplies. line 5 (2) Enter into agreements for contributions to the fund from the line 6 federal government, local or state agencies, and private line 7 corporations or nonprofit organizations. line 8 (3) Provide for appropriate audit, accounting, and fiscal line 9 management services, plans, and reports relative to the fund. line 10 (4) Direct portions of the fund to a subset of eligible applicants line 11 as required or appropriate based on funding source and consistent line 12 with the annual fund implementation plan. line 13 (4) line 14 (5) Take additional incidental action as may be appropriate for line 15 adequate administration and operation of the fund. line 16 (f) In administering the fund, the board shall make reasonable line 17 efforts to ensure all of the following: line 18 (1) That parties responsible for contamination of drinking water line 19 supplies affecting an eligible applicant can be directly or easily line 20 identified by the board to pay or reimburse costs associated with line 21 contamination. line 22 (2) That funds are used to secure the long-term sustainability line 23 of drinking water service and infrastructure, including, but not line 24 limited to, requiring adequate technical, managerial, and financial line 25 capacity of eligible applicants as part of funding agreement line 26 outcomes. Funding shall be prioritized to implement consolidations line 27 and service extensions when feasible, and administrative and line 28 managerial contracts entered into pursuant to Section 116686 line 29 where applicable. Funds shall not be used to delay, prevent, or line 30 avoid the consolidation or extension of service to public water line 31 systems where it is feasible and the least-cost alternative. The line 32 board may set appropriate requirements as a condition of funding, line 33 including, but not limited to, a system technical, managerial, or line 34 financial capacity audit, improvements to reduce costs and increase line 35 efficiencies, an evaluation of alternative treatment technologies, line 36 and a consolidation or service extension feasibility study. As a line 37 condition of funding, the board may require a domestic well with line 38 nitrate contamination where ongoing septic system failure may be line 39 causing or contributing to contamination of a drinking water line 40 source to conduct an investigation and project to address the septic 18 464 line 1 system failure if adequate funding sources are identified and line 2 accessible. line 3 (3) That funds are not used to subsidize large-scale nonpotable line 4 use, to the extent feasible. line 5 (g) At least once every 10 years, the board shall conduct a public line 6 review and assessment of the Safe and Affordable Drinking Water line 7 Fund, including, but not limited to, the effectiveness of the fund, line 8 the appropriateness of fees deposited into the fund, and any actions line 9 needed to carry out the purposes of this chapter. The board shall line 10 post the information it gathers on its Internet Web site and shall line 11 submit the information to the Legislature in compliance with line 12 Section 9795 of the Government Code. line 13 116768. It is the intent of the Legislature to subsequently amend line 14 this section to seek specific funding from agricultural operations line 15 to assist in providing emergency, interim, and long-term assistance line 16 to community water systems and individual domestic well users line 17 whose wells have been impacted by nitrate contamination and line 18 whose wells are located in agricultural areas. line 19 116769. line 20 116769. Annually, By July 1 of each year, the board shall do line 21 all of the following: line 22 (a) Prepare and make available a report of expenditures from line 23 the fund. line 24 (b) Adopt, after a public hearing, an assessment of funding line 25 needed to ensure all Californians have access to safe drinking line 26 water. This annual assessment shall incorporate information line 27 contained in the Safe Drinking Water Plan and include a list of line 28 community water systems and nontransient noncommunity water line 29 systems without access to safe drinking water, as well as line 30 identification of small communities and rural populations not line 31 served by public water systems that do not have access to safe line 32 drinking water. need, based on available data, that includes all of line 33 the following: line 34 (1) Identification of systems and populations potentially in need line 35 of assistance, including all of the following: line 36 (A) A list of systems that consistently fail to provide an adequate line 37 supply of safe drinking water. The list shall include, but is not line 38 limited to, all of the following: line 39 (i) Any public water system that consistently fails to provide an line 40 adequate supply of safe drinking water. 19 465 line 1 (ii) Any community water system that serves a disadvantaged line 2 community that must charge fees that exceed the affordability line 3 threshold established in the Clean Water State Revolving Fund line 4 Intended Use Plan in order to supply, treat, and distribute potable line 5 water that complies with federal and state drinking water line 6 standards. line 7 (iii) Any state small water system that consistently fails to line 8 provide an adequate supply of safe drinking water. line 9 (B) A list of programs that assist, or that will assist, households line 10 supplied by a domestic well that consistently fails to provide an line 11 adequate supply of safe drinking water. This list shall include the line 12 number and approximate location of households served by each line 13 program without identifying exact addresses or other personal line 14 information. line 15 (C) A list of public water systems and state small water systems line 16 that may be at risk of failing to provide an adequate supply of safe line 17 drinking water. line 18 (D) An estimate of the number of households that are served by line 19 domestic wells or state small water systems in high risk areas line 20 identified pursuant to Article 4 (commencing with Section 116770). line 21 The estimate shall identify approximate locations of households, line 22 without identifying exact addresses or other personal information, line 23 in order to identify potential target areas for outreach and line 24 assistance programs. line 25 (2) An analysis of anticipated funding needed for known line 26 projects, services, or programs by eligible applicants, consistent line 27 with the fund implementation plan, including any funding needed line 28 for existing long-term funding commitments from the fund. The line 29 board shall identify and consider other existing funding sources line 30 able to support any projects, services, or programs identified, line 31 including, but not limited to, local funding capacity, state or federal line 32 funding sources for capital projects, funding from responsible line 33 parties, and specialized funding sources contributing to the fund. line 34 (3) An estimate of the funding needed for the next fiscal year line 35 based on the amount available in the fund, anticipated funding line 36 needs, other existing funding sources, and other relevant data and line 37 information. line 38 (c) (1) Adopt, after a public hearing, a fund implementation line 39 plan with priorities and guidelines for expenditures of the fund. line 40 The 20 466 line 1 (2) The board shall work with a multistakeholder advisory group line 2 that shall be open to participation by representatives of entities line 3 paying into the fund, public water systems, technical assistance line 4 providers, local agencies, affected persons, nongovernmental line 5 organizations, residents served by community water systems in line 6 disadvantaged communities, state small water systems, domestic line 7 wells, and the public, to establish priorities for the plan. line 8 (2) The fund implementation plan shall prioritize eligibility for line 9 expenditures of the fund based on the following: line 10 (A) A water system’s current or projected water rates needed line 11 to ensure safe drinking water exceed or will exceed 1.5 percent of line 12 the median household income for that water system and the water line 13 system qualifies as a disadvantaged community. line 14 (B) The costs for providing potable water for an individual line 15 domestic well exceed or will exceed 1.5 percent of the household’s line 16 income and the household’s income is less than 80 percent of the line 17 statewide household median income. line 18 line 19 Article 4. Information on High Risk Areas line 20 line 21 116770. (a) (1) By January 1, 2019, the board, in consultation line 22 with local health officers and other relevant stakeholders, shall line 23 use available data to make available a map of aquifers that are at line 24 high risk of containing contaminants and that exceed primary line 25 federal and state drinking water standards that are used or likely line 26 to be used as a source of drinking water for a state small water line 27 system or a domestic well. The board shall update the map at least line 28 annually based on any newly available data. line 29 (2) The board shall make the map of high risk areas, as well as line 30 the data used to make the map, publicly accessible on its Internet line 31 Web site in a manner that does not identify exact addresses or line 32 other personal information and that complies with the Information line 33 Practices Act of 1977 (Chapter 1 (commencing with Section 1798) line 34 of Title 1.8 of Part 4 of Division 3 of the Civil Code). The board line 35 shall notify local health officers and county planning agencies of line 36 high risk areas within their jurisdictions. line 37 (b) (1) A local health officer or other relevant local agency line 38 shall provide all results of, and data associated with, water quality line 39 testing performed by certified laboratories for a state small water line 40 system or domestic well that is in the possession of the local health 21 467 line 1 officer or other relevant local agency in an electronic format to line 2 the board by January 1, 2019. line 3 (2) On and after January 1, 2019, a local health officer or other line 4 relevant local agency shall require all results of, and data line 5 associated with, water quality testing performed by a certified line 6 laboratory for a state small water system or domestic well that is line 7 submitted to the local health officer or other relevant local agency line 8 to also be submitted directly to the board in electronic format. line 9 line 10 Article 5. Safe and Affordable Drinking Water Fee line 11 line 12 116771. (a) (1) Until July 1, 2020, there is hereby imposed line 13 a safe and affordable drinking water fee on each person or entity line 14 that purchases water from a public water system, as follows: line 15 (A) For a customer with a water meter that is less than or equal line 16 to one inch in size, the fee shall be ninety-five cents ($0.95) per line 17 month. line 18 (B) For a customer with a water meter that is greater than one line 19 inch and less than or equal to two inches in size, the fee shall be line 20 four dollars ($4) per month. line 21 (C) For a customer with a water meter that is greater than two line 22 inches and less than or equal to four inches in size, the fee shall line 23 be six dollars ($6) per month. line 24 (D) For a customer with a water meter that is greater than four line 25 inches in size, the fee shall be ten dollars ($10) per month. line 26 (E) For a customer without a water meter, the fee shall be line 27 ninety-five cents ($0.95) per month. line 28 (2) A customer that self-certifies under penalty of perjury to the line 29 public water system collecting the fee that he or she meets either line 30 of the following criteria shall be exempt from the payment of the line 31 fee: line 32 (i) The customer’s household income is equal to or less than line 33 200 percent of the federal poverty level. line 34 (ii) The customer operates a deed-restricted multifamily housing line 35 development that is required to provide housing exclusively to line 36 tenants with household incomes equal to or less than 200 percent line 37 of the federal poverty level. line 38 (3) (A) A customer that is already enrolled in a program offered line 39 by a public water system that is designed specifically to reduce line 40 the cost of water service incurred by customers who meet 22 468 line 1 established income guidelines is exempt from the payment of the line 2 fee. line 3 (B) A connection or meter that is used exclusively for fire flow line 4 or uses nonpotable water, including, but not limited to, recycled line 5 water, is exempt from the fee. line 6 (4) A customer that has multiple connections or meters serving line 7 a single address shall only pay a single monthly fee based on the line 8 customer’s largest metered connection. line 9 (b) (1) (A) Beginning July 1, 2020, each person or entity that line 10 purchases water from a public water system shall be assessed a line 11 fee according to a fee schedule established by the board for the line 12 purposes of the Safe and Affordable Drinking Water Fund. line 13 (B) The fee schedule shall not exceed the amounts established line 14 in paragraph (1) of subdivision (a). line 15 (C) The board shall review and revise the fee schedule each line 16 fiscal year as necessary to not exceed the anticipated funding need line 17 in the most recent assessment of funding need. line 18 (D) The fee schedule shall establish that a customer that has line 19 multiple connections or meters serving a single address shall only line 20 pay a single monthly fee pursuant to this section, based on its line 21 largest metered connection. line 22 (E) (i) The fee schedule shall exempt any connection or meter line 23 that is used exclusively for fire flow or utilizes nonpotable water, line 24 including, but not limited to, recycled water. line 25 (ii) By July 1, 2020, the board, in consultation with the Public line 26 Utilities Commission, shall adopt regulations to exempt households line 27 with incomes equal to or less than 200 percent of the federal line 28 poverty level from the fee established in the fee schedule pursuant line 29 to this subdivision. The Public Utilities Commission shall provide line 30 consultation, as well as relevant data, from the California Alternate line 31 Rates for Energy or CARE program established pursuant to Section line 32 739.1 of the Public Utilities Code and from the water utility line 33 low-income rate payer assistance programs developed pursuant line 34 to Section 739.8 of the Public Utilities Code to the board to aid line 35 in development and implementation of the regulations for line 36 exemption pursuant to this clause. line 37 (2) (A) Beginning July 1, 2022, the fee schedule shall be set at line 38 an amount that does not result in the total uncommitted amount line 39 in the fund exceeding two times the anticipated funding need in line 40 the most recent assessment of funding need. 23 469 line 1 (B) For purposes of this paragraph, “total uncommitted amount line 2 in the fund” does not include moneys in the fund from the fertilizer line 3 safe drinking water fee established by Article 6.5 (commencing line 4 with Section 14615) of Chapter 5 of Division 7 of the Food and line 5 Agricultural Code until January 1, 2033, and does not include line 6 moneys in the fund from the dairy safe drinking water fee line 7 established by Article 14.5 (commencing with Section 62215) of line 8 Chapter 2 of Part 3 of Division 21 of the Food and Agricultural line 9 Code until January 1, 2035. line 10 (c) A public water system shall collect the fee from each of its line 11 customers and may retain an amount, as approved by the board, line 12 as reimbursement for the reasonable costs incurred by the public line 13 water system associated with the collection of the fee. For small line 14 community water systems, reasonable public water system line 15 administrative cost reimbursement shall not exceed five hundred line 16 dollars ($500) or 2 percent of the total revenue collected, line 17 whichever is greater. For all other public water systems, line 18 reasonable public water system administrative cost reimbursement line 19 shall not exceed 1 percent of the total revenue from the fees line 20 collected. The public water system shall remit the remainder to line 21 the board on an annual schedule. line 22 (d) The board may approve an exemption for a community water line 23 system and its customers from the requirements of this section if line 24 the board finds that the amount that would be required to be line 25 remitted to the board pursuant to this section would be de minimis. line 26 (e) Notwithstanding any other provision of this article, a fee line 27 shall not be imposed pursuant to this article on a person or entity line 28 that is itself a public water system if that public water system is line 29 only purchasing water from a public water system to supply its line 30 own customers that are themselves being assessed the fee. line 31 (f) All moneys remitted to the board under this article shall be line 32 deposited in the Safe and Affordable Drinking Water Fund. The line 33 moneys remitted to the board under this article shall not be line 34 available for appropriation or borrowed for use for any purpose line 35 not established in this chapter unless that use of the moneys line 36 receives an affirmative vote of two-thirds of the membership in line 37 each house of the Legislature. line 38 116772. (a) A public water system may apply to the board to line 39 authorize the public water system to use an alternative method to line 40 calculate the amount owed by each customer for the charge 24 470 line 1 imposed by Section 116771 by submitting an application, in a form line 2 prescribed by the board, that demonstrates both of the following: line 3 (1) That the method required by statute, regulation, or fee line 4 schedule adopted by the board would be impractical for the public line 5 water system to collect. line 6 (2) That the method proposed by the public water system would line 7 provide an approximately equivalent level of total revenue and is line 8 consistent with the fee restrictions in this article, including, but line 9 not limited to, amount maximums and exemptions. line 10 (b) The board shall review any application submitted pursuant line 11 to subdivision (a) to determine whether the justifications line 12 demonstrated pursuant to paragraphs (1) and (2) of subparagraph line 13 (a) are valid. If the board denies the application, that denial shall line 14 be in writing and shall not be reviewable. If the board approves line 15 the application, the public water system may use the alternative line 16 method for an amount of time prescribed by the board, not to line 17 exceed five years. line 18 (c) There is not a limit on the number of applications the board line 19 is authorized to approve pursuant to this section to establish or line 20 renew an alternative method of fee calculation. line 21 116773. (a) The board, in consultation with the California line 22 Department of Tax and Fee Administration, shall administer and line 23 collect the fees imposed by this article in accordance with the Fee line 24 Collection Procedures Law (Part 30 (commencing with Section line 25 55001) of Division 2 of the Revenue and Taxation Code). line 26 (b) For purposes of administration of the fee imposed by this line 27 article, the following references in the Fee Collection Procedures line 28 Law shall have the following meanings: line 29 (1) “Board” or “State Board of Equalization” means the State line 30 Water Resources Control Board. line 31 (2) “Fee” means the safe and affordable drinking water fee line 32 imposed pursuant to this article. line 33 (3) “Feepayer” means a customer liable to pay the fee. line 34 (c) The board, in consultation with the California Department line 35 of Tax and Fee Administration, may prescribe, adopt, and enforce line 36 regulations relating to the administration and enforcement of this line 37 article, including, but not limited to, collections, reporting, refunds, line 38 and appeals. line 39 (d) The initial regulations adopted by the board to implement line 40 this article shall be adopted in accordance with Chapter 3.5 25 471 line 1 (commencing with Section 11340) of Part 1 of Division 3 of Title line 2 2 of the Government Code, and shall not rely on the statutory line 3 declaration of emergency in subdivision (e). line 4 (e) Except as provided in subdivision (d), the regulations line 5 adopted pursuant to this section, any amendment to those line 6 regulations, or subsequent adjustments to the annual fees or line 7 adoption of fee schedule, shall be adopted by the board as line 8 emergency regulations in accordance with Chapter 3.5 line 9 (commencing with Section 11340) of Part 1 of Division 3 of Title line 10 2 of the Government Code. The adoption of these regulations is line 11 an emergency and shall be considered by the Office of line 12 Administrative Law as necessary for the immediate preservation line 13 of the public peace, health, safety, and general welfare. Any line 14 emergency regulations adopted by the board, or adjustments to line 15 the annual fees made by the board pursuant to this section, shall line 16 remain in effect until revised by the board. line 17 SEC. 3. line 18 SEC. 4. Section 13050 of the Water Code is amended to read: line 19 13050. As used in this division: line 20 (a) “State board” means the State Water Resources Control line 21 Board. line 22 (b) “Regional board” means any California regional water line 23 quality control board for a region as specified in Section 13200. line 24 (c) “Person” includes any city, county, district, the state, and line 25 the United States, to the extent authorized by federal law. line 26 (d) “Waste” includes sewage and any and all other waste line 27 substances, liquid, solid, gaseous, or radioactive, associated with line 28 human habitation, or of human or animal origin, or from any line 29 producing, manufacturing, or processing operation, including waste line 30 placed within containers of whatever nature prior to, and for line 31 purposes of, disposal. line 32 (e) “Waters of the state” means any surface water or line 33 groundwater, including saline waters, within the boundaries of the line 34 state. line 35 (f) “Beneficial uses” of the waters of the state that may be line 36 protected against quality degradation include, but are not limited line 37 to, domestic, municipal, agricultural agricultural, and industrial line 38 supply; power generation; recreation; aesthetic enjoyment; line 39 navigation; and preservation and enhancement of fish, wildlife, line 40 and other aquatic resources or preserves. 26 472 line 1 (g) “Quality of the water” refers to chemical, physical, line 2 biological, bacteriological, radiological, and other properties and line 3 characteristics of water which affect its use. line 4 (h) “Water quality objectives” means the limits or levels of line 5 water quality constituents or characteristics which are established line 6 for the reasonable protection of beneficial uses of water or the line 7 prevention of nuisance within a specific area. line 8 (i) “Water quality control” means the regulation of any activity line 9 or factor which may affect the quality of the waters of the state line 10 and includes the prevention and correction of water pollution and line 11 nuisance. line 12 (j) “Water quality control plan” consists of a designation or line 13 establishment for the waters within a specified area of all of the line 14 following: line 15 (1) Beneficial uses to be protected. line 16 (2) Water quality objectives. line 17 (3) A program of implementation needed for achieving water line 18 quality objectives. line 19 (k) “Contamination” means an impairment of the quality of the line 20 waters of the state by waste to a degree which creates a hazard to line 21 the public health through poisoning or through the spread of line 22 disease. “Contamination” includes any equivalent effect resulting line 23 from the disposal of waste, whether or not waters of the state are line 24 affected. line 25 (l) (1) “Pollution” means an alteration of the quality of the line 26 waters of the state by waste to a degree which unreasonably affects line 27 either of the following: line 28 (A) The waters for beneficial uses. line 29 (B) Facilities which serve these beneficial uses. line 30 (2) “Pollution” may include “contamination.” line 31 (m) “Nuisance” means anything which meets all of the following line 32 requirements: line 33 (1) Is injurious to health, or is indecent or offensive to the senses, line 34 or an obstruction to the free use of property, so as to interfere with line 35 the comfortable enjoyment of life or property. line 36 (2) Affects at the same time an entire community or line 37 neighborhood, or any considerable number of persons, although line 38 the extent of the annoyance or damage inflicted upon individuals line 39 may be unequal. 27 473 line 1 (3) Occurs during, or as a result of, the treatment or disposal of line 2 wastes. line 3 (n) “Recycled water” means water which, as a result of treatment line 4 of waste, is suitable for a direct beneficial use or a controlled use line 5 that would not otherwise occur and is therefor considered a line 6 valuable resource. line 7 (o) “Citizen or domiciliary” of the state includes a foreign line 8 corporation having substantial business contacts in the state or line 9 which is subject to service of process in this state. line 10 (p) (1) “Hazardous substance” means either of the following: line 11 (A) For discharge to surface waters, any substance determined line 12 to be a hazardous substance pursuant to Section 311(b)(2) of the line 13 Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.). line 14 (B) For discharge to groundwater, any substance listed as a line 15 hazardous waste or hazardous material pursuant to Section 25140 line 16 of the Health and Safety Code, without regard to whether the line 17 substance is intended to be used, reused, or discarded, except that line 18 “hazardous substance” does not include any substance excluded line 19 from Section 311(b)(2) of the Federal Water Pollution Control Act line 20 because it is within the scope of Section 311(a)(1) of that act. line 21 (2) “Hazardous substance” does not include any of the line 22 following: line 23 (A) Nontoxic, nonflammable, and noncorrosive stormwater line 24 runoff drained from underground vaults, chambers, or manholes line 25 into gutters or storm sewers. line 26 (B) Any pesticide which is applied for agricultural purposes or line 27 is applied in accordance with a cooperative agreement authorized line 28 by Section 116180 of the Health and Safety Code, and is not line 29 discharged accidentally or for purposes of disposal, the application line 30 of which is in compliance with all applicable state and federal laws line 31 and regulations. line 32 (C) Any discharge to surface water of a quantity less than a line 33 reportable quantity as determined by regulations issued pursuant line 34 to Section 311(b)(4) of the Federal Water Pollution Control Act. line 35 (D) Any discharge to land which results, or probably will result, line 36 in a discharge to groundwater if the amount of the discharge to line 37 land is less than a reportable quantity, as determined by regulations line 38 adopted pursuant to Section 13271, for substances listed as line 39 hazardous pursuant to Section 25140 of the Health and Safety line 40 Code. No discharge shall be deemed a discharge of a reportable 28 474 line 1 quantity until regulations set a reportable quantity for the substance line 2 discharged. line 3 (q) (1) “Mining waste” means all solid, semisolid, and liquid line 4 waste materials from the extraction, beneficiation, and processing line 5 of ores and minerals. Mining waste includes, but is not limited to, line 6 soil, waste rock, and overburden, as defined in Section 2732 of line 7 the Public Resources Code, and tailings, slag, and other processed line 8 waste materials, including cementitious materials that are managed line 9 at the cement manufacturing facility where the materials were line 10 generated. line 11 (2) For the purposes of this subdivision, “cementitious material” line 12 means cement, cement kiln dust, clinker, and clinker dust. line 13 (r) “Master recycling permit” means a permit issued to a supplier line 14 or a distributor, or both, of recycled water, that includes waste line 15 discharge requirements prescribed pursuant to Section 13263 and line 16 water recycling requirements prescribed pursuant to Section line 17 13523.1. line 18 (s) (1) “Agricultural operation” means either of the following: line 19 (A) A discharger that satisfies both of the following conditions: line 20 (i) The discharger is an owner, operator, or both, of land that is line 21 irrigated to produce crops or pasture for commercial purposes or line 22 a nursery. line 23 (ii) The discharger is enrolled or named in an irrigated lands line 24 regulatory program order adopted by the state board or a regional line 25 board pursuant to Section 13263 or 13269. line 26 (B) A discharger that satisfies both of the following conditions: line 27 (i) The discharger is an owner, operator, or both of a facility line 28 that is used for the raising or harvesting of livestock. line 29 (ii) The discharger is enrolled or named in an order adopted by line 30 the state board or a regional board pursuant to Section 13263 or line 31 13269 that regulates the discharges of waste from a facility line 32 identified in clause (i) to protect ground and surface water. line 33 (2) “Agricultural operation” does not include any of the line 34 following: line 35 (A) An off-farm facility that processes crops or livestock. line 36 (B) An off-farm facility that manufacturers, synthesizes, stores, line 37 or processes fertilizer. line 38 (C) Any portions of land or activities occurring on those portions line 39 of land that are not covered by an order adopted by the state board 29 475 line 1 or a regional board identified in clause (ii) of subparagraph (A) or line 2 clause (ii) of subparagraph (B) of paragraph (1). line 3 SEC. 4. line 4 SEC. 5. Article 4.5 (commencing with Section 13278) is added line 5 to Chapter 4 of Division 7 of the Water Code, to read: line 6 line 7 Article 4.5. Discharges of Nitrate to Groundwater from line 8 Agricultural Operations line 9 line 10 13278. (a) For the purposes of this article, the Legislature finds line 11 all of the following: line 12 (1) Implementation of currently known best management line 13 practices for some crops can reduce but not always completely line 14 prevent nitrogen in organic and synthetic fertilizers that transform line 15 to nitrates from reaching groundwater at concentrations above the line 16 water quality objectives established pursuant to this division. line 17 (2) It is acknowledged that discharges of nitrate from agricultural line 18 operations could reach groundwater and could cause or contribute line 19 to exceedances of drinking water standards for nitrate,and nitrate, line 20 and could cause conditions of pollution of or nuisance in those line 21 waters as defined and applied in accordance with this division, or line 22 both. line 23 (3) Nitrate contamination of groundwater impacts drinking water line 24 sources for hundreds of thousands of Californians and it is line 25 necessary to protect current and future drinking water users from line 26 the impacts of nitrate contamination. line 27 (4) Despite progress in controlling discharges of nitrogen that line 28 lead to nitrate formation, some groundwater sources of drinking line 29 water will continue to be adversely impacted by nitrates and it is line 30 important to have in place a program for mitigating these impacts. line 31 (5) The regional boards will continue to regulate discharges to line 32 reduce nitrogen loading and protect beneficial uses of water and line 33 groundwater basins; the state board, regional boards, and courts line 34 will ensure compliance with those orders; and dischargers will pay line 35 for mitigation of pollution by funding replacement water for line 36 affected communities. line 37 (b) The Legislature declares its intent in establishing this article line 38 to do both of the following: line 39 (1) To subsequently amend this article to establish an line 40 agricultural assessment to be paid by agricultural operations for a 30 476 line 1 period of 15 years to provide funding, as a portion of the Safe and line 2 Affordable Drinking Water Fund, to make available alternative line 3 supplies of safe drinking water to persons affected by discharges line 4 of nitrogen from agricultural operations that may occur in amounts line 5 that may cause or contribute to an exceedance of a water quality line 6 objective or cause conditions of pollution or nuisance. line 7 (2) To limit to limit enforcement actions that a regional board line 8 or the state board could otherwise initiate during that 15-year period line 9 against an agricultural operation paying the agricultural assessment, line 10 while maintaining the overall framework of this division to protect line 11 beneficial uses, implement water quality objectives in waters of line 12 the state, and regulate activities and factors that affect water quality line 13 to attain the highest water quality that is reasonable. line 14 13278.1. (a) An agricultural operation shall not be subject to line 15 enforcement undertaken or initiated by the state board or a regional line 16 board under Chapter 5 (commencing with Section 13330) for line 17 causing or contributing to an exceedance of a water quality line 18 objective for nitrate in groundwater or for causing or contributing line 19 to a condition of pollution or nuisance for nitrates in groundwater line 20 if an agricultural operation that discharges or threatens to discharge, line 21 or has discharged or previously threatened to discharge, nitrate to line 22 groundwater demonstrates that it has satisfied all of the following line 23 mitigation requirements: line 24 (1) The agricultural operation has timely paid any applicable line 25 fee, assessment, or charge fertilizer safe drinking water fee line 26 established by Article 6.5 (commencing with Section 14615) of line 27 Chapter 5 of Division 7 of the Food and Agricultural Code or line 28 dairy safe drinking water fee established by Article 14.5 line 29 (commencing with Section 62215) of Chapter 2 of Part 3 of line 30 Division 21 of the Food and Agricultural Code into the Safe and line 31 Affordable Drinking Water Fund or an applicable agricultural line 32 assessment is providing funding into the Safe and Affordable line 33 Drinking Water Fund. established by Section 116767 of the Health line 34 and Safety Code. For the purposes of this paragraph, “timely paid” line 35 means that an agricultural operation has paid all applicable fees, line 36 assessments, or charges, no later than 90 days after their respective line 37 due dates, since the application of the fee, assessment, or charge line 38 to the agricultural operation. line 39 (2) Except as provided in subdivision (b), the agricultural line 40 operation is in compliance with all applicable provisions prescribed 31 477 line 1 by a regional board or the state board in an order adopted pursuant line 2 to Section 13263 or 13269, including, but not limited to, the line 3 following: line 4 (A) Requirements to implement best practicable treatment or line 5 control. line 6 (B) Best efforts, monitoring, and reporting requirements. line 7 (C) Timelines. line 8 (3) The agricultural operation is in compliance with an line 9 applicable program of implementation for achieving groundwater line 10 quality objectives for nitrate that is part of an applicable water line 11 quality control plan adopted by the state board or a regional board line 12 pursuant to Article 3 (commencing with Section 13240). line 13 (b) (1) The mitigation requirement contained in paragraph (2) line 14 of subdivision (a) does not include any generalized prohibition line 15 contained in an order adopted under Section 13263 or 13269 on line 16 causing or contributing, or threatening to cause or contribute, to line 17 an exceedance of a water quality objective for nitrate in line 18 groundwater or a condition of pollution or nuisance for nitrate in line 19 groundwater. line 20 (2) (A) An agricultural operation is not in compliance with the line 21 mitigation requirement in paragraph (2) of subdivision (a) if the line 22 agricultural operation has been subject to an enforcement action line 23 under Chapter 5 (commencing with Section 13330) within the line 24 preceding 12 months for any violation of an order adopted under line 25 Section 13263 or 13269 authorizing discharges from agricultural line 26 operations. line 27 (B) Subparagraph (A) does not apply to an enforcement action line 28 commenced after January 1, 2016, and before January 1, 2018, line 29 inclusive, alleging that a discharge from an agricultural operation line 30 caused or contributed, or threatened to cause or contribute, to an line 31 exceedance of a water quality objective for nitrate in groundwater, line 32 conditions of pollution or nuisance for nitrate in groundwater, or line 33 both. line 34 (3) An agricultural operation does not qualify for the line 35 enforcement exemption set forth in this subdivision if the operation line 36 fails to continue to make applicable payments into the Safe and line 37 Affordable Drinking Water Fund to the extent that the agricultural line 38 operation maintains a continuance of farming operation. 32 478 line 1 (c) Both of the following apply to a discharge of nitrogen by an line 2 agricultural operation that occurs when the discharger is in full line 3 compliance with the mitigation requirements: line 4 (1) The discharge shall not be admissible in a future enforcement line 5 action against the agricultural operation by the state board or a line 6 regional board pursuant to Chapter 5 (commencing with Section line 7 13300) to support a claim that the agricultural operation is causing line 8 or contributing, or threatening to cause or contribute, to an line 9 exceedance of a water quality objective for nitrate in groundwater line 10 or a condition of pollution or nuisance for nitrate in groundwater. line 11 (2) The discharge shall not be considered by the state board or line 12 a regional board to apportion responsibility and shall not be used line 13 by any person to diminish responsibility in any enforcement action line 14 initiated pursuant to Chapter 5 (commencing with Section 13300) line 15 with respect to discharges of nitrogen, regardless of source, that line 16 did not occur in compliance with the mitigation requirements. line 17 (d) Nothing in this section alters the state board’s or a regional line 18 board’s authority to require or conduct investigations, to require line 19 reports on or to establish other requirements for best practicable line 20 treatment or control, or to require monitoring and reporting line 21 requirements to protect water quality. line 22 (e) This section shall not be deemed to change or alter a water line 23 quality objective that is part of a water quality control plan adopted line 24 by the state board or a regional board pursuant to Article 3 line 25 (commencing with Section 13240). line 26 (f) This section shall remain in effect only until January 1, 2028, line 27 and as of that date is repealed. line 28 13278.2. (a) An agricultural operation shall not be subject to line 29 enforcement undertaken or initiated by the state board or a regional line 30 board under Section 13304 for creating or threatening to create a line 31 condition of pollution or nuisance for nitrates in groundwater if line 32 an agricultural operation that discharges or threatens to discharge, line 33 or has discharged or previously threatened to discharge, nitrate to line 34 groundwater demonstrates that it has satisfied all of the following line 35 mitigation requirements: line 36 (1) The agricultural operation has timely paid any applicable line 37 fee, assessment, or charge fertilizer safe drinking water fee line 38 established by Article 6.5 (commencing with Section 14615) of line 39 Chapter 5 of Division 7 of the Food and Agricultural Code or line 40 dairy safe drinking water fee established by Article 14.5 33 479 line 1 (commencing with Section 62215) of Chapter 2 of Part 3 of line 2 Division 21 of the Food and Agricultural Code into the Safe and line 3 Affordable Drinking Water Fund or an applicable agricultural line 4 assessment is providing funding into the Safe and Affordable line 5 Drinking Water Fund. established by Section 116767 of the Health line 6 and Safety Code. For the purposes of this paragraph, “timely paid” line 7 means that an agricultural operation has paid all applicable fees, line 8 assessments, or charges, no later than 90 days after their respective line 9 due dates, since the application of the fee, assessment, or charge line 10 to the agricultural operation. line 11 (2) Except as provided in subdivision (b), the agricultural line 12 operation is in compliance with all applicable provisions prescribed line 13 by a regional board or the state board in an order adopted pursuant line 14 to Section 13263 or 13269, including, but not limited to, the line 15 following: line 16 (A) Requirements to implement best practicable treatment or line 17 control. line 18 (B) Best efforts, monitoring, and reporting requirements. line 19 (C) Timelines. line 20 (3) The agricultural operation is in compliance with an line 21 applicable program of implementation for achieving groundwater line 22 quality objectives for nitrate that is part of an applicable water line 23 quality control plan adopted by the state board or a regional board line 24 pursuant to Article 3 (commencing with Section 13240). line 25 (b) (1) The mitigation requirement contained in paragraph (2) line 26 of subdivision (a) does not include any generalized prohibition line 27 contained in an order adopted under Section 13263 or 13269 on line 28 causing or contributing, or threatening to cause or contribute, to line 29 an exceedance of a water quality objective for nitrate in line 30 groundwater or a condition of pollution or nuisance for nitrate in line 31 groundwater. line 32 (2) An agricultural operation is not in compliance with the line 33 mitigation requirement in paragraph (2) of subdivision (a) if the line 34 agricultural operation has been subject to an enforcement action line 35 under Chapter 5 (commencing with Section 13330) within the line 36 preceding 12 months for any violation of an order adopted under line 37 Section 13263 or 13269 authorizing discharges from agricultural line 38 operations. line 39 (3) An agricultural operation does not qualify for the line 40 enforcement exemption set forth in this subdivision if the operation 34 480 line 1 fails to continue to make applicable payments into the Safe and line 2 Affordable Drinking Water Fund to the extent that the agricultural line 3 operation maintains a continuance of farming operation. line 4 (c) Both of the following apply to a discharge of nitrogen by an line 5 agricultural operation that occurs when the discharger is in full line 6 compliance with the mitigation requirements: line 7 (1) The discharge shall not be admissible in a future enforcement line 8 action against the agricultural operation by the state board or a line 9 regional board pursuant to Chapter 5 (commencing with Section line 10 13300) to support a claim that the agricultural operation is causing line 11 or contributing, or threatening to cause or contribute, to an line 12 exceedance of a water quality objective for nitrate in groundwater line 13 or a condition of pollution or nuisance for nitrate in groundwater. line 14 (2) The discharge shall not be considered by the state board or line 15 a regional board to apportion responsibility and shall not be used line 16 by any person to diminish responsibility in any enforcement action line 17 initiated pursuant to Chapter 5 (commencing with Section 13300) line 18 with respect to discharges of nitrogen, regardless of source, that line 19 did not occur in compliance with the mitigation requirements. line 20 (d) Nothing in this section alters the state board’s or a regional line 21 board’s authority to require or conduct investigations, to require line 22 reports on or to establish other requirements for best practicable line 23 treatment or control, or to require monitoring and reporting line 24 requirements to protect water quality. line 25 (e) This section shall not be deemed to change or alter a water line 26 quality objective that is part of a water quality control plan adopted line 27 by the state board or a regional board pursuant to Article 3 line 28 (commencing with Section 13240). line 29 (f) (1) This section shall become operative on January 1, 2028. line 30 (2) This section shall remain in effect only until January 1, 2033, line 31 and as of that date is repealed, unless a later enacted statute that line 32 is enacted before January 1, 2033, deletes or extends that date. line 33 13278.3. By January 1, 2027, the state board shall conduct a line 34 public review of regulatory and basin plan amendment line 35 implementation programs to evaluate progress toward achieving line 36 water quality objectives with respect to nitrates in groundwater line 37 and assess compliance with adopted timelines, monitoring line 38 requirements, and implementation of best practicable treatment or line 39 control. 35 481 line 1 13278.4. Nothing in this article limits the liability of a line 2 discharger under any other law, including, but not limited to, Part line 3 3 (commencing with Section 3479) of Division 4 of the Civil Code. line 4 SEC. 6. No reimbursement is required by this act pursuant to line 5 Section 6 of Article XIII B of the California Constitution for certain line 6 costs that may be incurred by a local agency or school district line 7 because, in that regard, this act creates a new crime or infraction, line 8 eliminates a crime or infraction, or changes the penalty for a crime line 9 or infraction, within the meaning of Section 17556 of the line 10 Government Code, or changes the definition of a crime within the line 11 meaning of Section 6 of Article XIII B of the California line 12 Constitution. line 13 However, if the Commission on State Mandates determines that line 14 this act contains other costs mandated by the state, reimbursement line 15 to local agencies and school districts for those costs shall be made line 16 pursuant to Part 7 (commencing with Section 17500) of Division line 17 4 of Title 2 of the Government Code. O 36 482 AMENDED IN SENATE JUNE 14, 2018 AMENDED IN SENATE MAY 31, 2018 AMENDED IN ASSEMBLY MAY 18, 2017 california legislature—2017–18 regular session ASSEMBLY BILL No. 448 Introduced by Assembly Members Daly and Quirk-Silva (Coauthors: Senators Bates, Hertzberg, Moorlach, and Nguyen) February 13, 2017 An act to add Section 6539.5 to the Government Code, relating to joint powers. legislative counsel’s digest AB 448, as amended, Daly. Joint powers authorities: Orange County Housing Trust. Existing law authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed. This bill would authorize the creation of the Orange County Housing Trust, a joint powers authority, for the purposes of funding housing specifically assisting the homeless population and persons and families of extremely low, very low, and low income within the County of Orange, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 483 The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a) The County of Orange is in the midst of a fluid and line 4 worsening homelessness crisis. Since 2013, the county has line 5 experienced a 53-percent increase in the unsheltered homeless line 6 population, many of whom have sought shelter over the last five line 7 years on the Santa Ana riverbed and at the Orange County Civic line 8 Center in Santa Ana. line 9 (b) There has been a lack of regional focus that continues to line 10 stymie the implementation of a long-term solution to homelessness line 11 in the County of Orange. line 12 (c) The County of Orange and the cities within the county have line 13 worked together to develop an approach under the Joint Exercise line 14 of Powers Act (Article 1 (commencing with Section 6500) of line 15 Chapter 5 of Division 7 of Title 1 of the Government Code) to line 16 establish and authorize the use of an Orange County Housing Trust line 17 that would not only be responsible for responding to the line 18 homelessness crisis with the development of capital projects and line 19 the acquisition of necessary funds for those projects, but also for line 20 helping the county respond to the low-income and affordable line 21 housing crisis that the region is experiencing in tandem with the line 22 homelessness crisis. line 23 (d) Permanent supportive housing and other services provided line 24 to those within that form of housing is a nationally recognized line 25 model for ending chronic homelessness, and can assist the County line 26 of Orange in its response to the homelessness crisis. line 27 (e) Neither the Orange County Housing Trust nor the act line 28 authorizing the creation of the Orange County Housing Trust do line 29 either any of the following: line 30 (1) Regulate land use in cities or in the unincorporated area of line 31 the County of Orange. line 32 (2) Authorize the Orange County Housing Trust to serve as an line 33 owner or operator of housing units. line 34 (3) Authorize the Orange County Housing Trust to, in any line 35 manner, exercise any authority to levy, or advocate or incentivize line 36 the levying of, any fee, charge, dedication, reservation, tax line 37 assessment, or other exaction related to development projects. 2 484 line 1 (4) Authorize the Orange County Housing Trust to require or line 2 incentivize inclusionary zoning requirements. It is the intent of the line 3 Legislature that the power to adopt inclusionary zoning ordinances line 4 remain with the entities that possess land use and planning line 5 authority. line 6 SEC. 2. Section 6539.5 is added to the Government Code, to line 7 read: line 8 6539.5. (a) (1) Notwithstanding any other law, the County of line 9 Orange and any of the cities within the County of Orange may line 10 enter into a joint powers agreement pursuant to this chapter to line 11 create and operate a joint powers agency to fund housing to assist line 12 the homeless population and persons and families of extremely line 13 low, very low, and low income, as defined in Section 50093 of the line 14 Health and Safety Code, within the County of Orange. line 15 (2) The joint powers agency created pursuant to this section line 16 shall be known as the Orange County Housing Trust, and shall be line 17 created and operate in accordance with this section. line 18 (3) The Orange County Housing Trust shall include the County line 19 of Orange and may include any, or all, of the incorporated cities line 20 within the County of Orange. line 21 (b) The Orange County Housing Trust shall be governed by a line 22 board of directors consisting of representation from the County of line 23 Orange, the cities within the county, and other community line 24 stakeholders. line 25 (c) Notwithstanding any other law, the Orange County Housing line 26 Trust may do any of the following: line 27 (1) Fund the planning and construction of housing of all types line 28 and tenures for the homeless population and persons and families line 29 of extremely low, very low, and low income, as defined in Section line 30 50093 of the Health and Safety Code, including, but not limited line 31 to, permanent supportive housing. line 32 (2) Receive public and private financing and funds, and use line 33 those funds to pledge repayment of debt instruments. funds. line 34 (3) Authorize and issue bonds, certificates of participation, or line 35 any other debt instrument. instrument repayable from funds and line 36 financing received pursuant to paragraph (2) and pledged by the line 37 Orange County Housing Trust. line 38 (4) (A) Form and govern an infrastructure financing district line 39 pursuant to Chapter 2.8 (commencing with Section 53395) of Part line 40 1 of Division 2 of Title 5, or an enhanced infrastructure financing 3 485 line 1 district pursuant to Chapter 2.99 (commencing with Section line 2 53398.50) of Part 1 of Division 2 of Title 5. For purposes of an line 3 infrastructure financing district or enhanced infrastructure financing line 4 district formed by the Orange County Housing Trust, the Orange line 5 County Housing Trust shall constitute a city as that term is defined line 6 in Section 53395.1 or a county as that term is defined in Section line 7 53398.51, and the board of directors shall be a legislative body as line 8 that term is defined in Sections 53395.1 and 53398.51. line 9 (B) An infrastructure financing plan adopted by the Orange line 10 County Housing Trust pursuant to Article 2 (commencing with line 11 Section 53395.10) of Chapter 2.8 or Article 2 (commencing with line 12 Section 53398.59) of Chapter 2.99 of Part 1 of Division 2 of Title line 13 5 may provide for the authority to collect incremental property tax line 14 revenues, pursuant to Section 53396 or 53398.75, as applicable, line 15 from the County of Orange and any city participating in the Orange line 16 County Housing Trust, with the consent and agreement of the city line 17 from which the incremental property tax revenues are to be line 18 collected. An infrastructure financing plan adopted pursuant to line 19 this paragraph shall not include a provision for the receipt of line 20 incremental property tax revenues from any other affected taxing line 21 entity as that term is defined in Section 53395.1 or 53398.51. line 22 (d) The Orange County Housing Trust shall incorporate into its line 23 joint powers agreement annual financial reporting and auditing line 24 requirements that shall maximize transparency and public line 25 information as to the receipt and use of funds by the agency. The line 26 annual financial report shall show how the funds have furthered line 27 the purposes of the Orange County Housing Trust. line 28 SEC. 3. The Legislature finds and declares that a special statute line 29 is necessary and that a general statute cannot be made applicable line 30 within the meaning of Section 16 of Article IV of the California line 31 Constitution because of the unique challenges faced by the County line 32 of Orange and the cities located within the county in addressing line 33 the housing needs of extremely low, very low, and low-income line 34 households and the homeless within the county. O 4 486 487 488 489 490 City of Huntington Beach File #:18-094 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION 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: Adopt Resolution No. 2018-41 authorizing the execution of a Lease Agreement with the State Lands Commission for operation and maintenance of the Huntington Beach Pier and related Concessions Statement of Issue: The current lease with the California State Lands Commission for operation and maintenance of the Huntington Beach Pier expires on January 31, 2019. A Council resolution is needed to authorize the Mayor to execute a new lease agreement. Financial Impact: The annual rent payable to the State of one-hundred-twenty-five dollars ($125) and other minor administrative costs will be paid from the Public Works General Fund operating budget from business unit 10085101. Recommended Action: Adopt Resolution 2018-41, “A Resolution of the City Council of the City of Huntington Beach Authorizing Execution by the Mayor of a Lease Agreement Between the City and California State Lands Commission for Operation and Maintenance of Huntington Beach Pier and Related Concessions.” Alternative Action(s): Do not adopt the resolution or execute the lease. This would allow the State to obtain a new operator or tenant. Do not adopt the resolution and instruct staff to renegotiate specific lease terms. Analysis: In 1984, the City entered into a 35-year lease with the State Lands Commission for the tideland beneath Huntington Beach Pier. Two amendments not affecting the term of the lease were executed in 2003. The current lease expires on January 31, 2019. City of Huntington Beach Printed on 7/11/2018Page 1 of 2 powered by Legistar™491 File #:18-094 MEETING DATE:7/16/2018 The annual rent payable to the State is $125. At the State’s discretion they may adjust this amount on the fifth anniversary of the lease and every five years thereafter through the term. The lease allows the City to sublease and collect rent from the businesses on the Pier. If the amount collected exceeds the City’s cost of operation and maintenance, fifty-percent (50%) of the excess revenue is due to the State. An annual report of the rent income and operating expenses is submitted by the City every September. The costs of operation and maintenance over the last three-years has averaged $843,400 per year. The average annual rent collected over the same period is $605,800, an average difference of $237,200. Therefore, no additional rent over and above the $125 is anticipated. Environmental Status: Not applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Resolution 2018-41 “A Resolution of the City Council of the City of Huntington Beach Authorizing Execution by the Mayor of a Lease Agreement Between the City and California State Lands Commission for Operation and Maintenance of Huntington Beach Pier and Related Concessions.” 2. State Lands Lease No. 6616.1 3. Exhibit A Land Description 4. Exhibit B Site Map 5. Exhibit C-1 sublease Ruby’s Diner 6. Exhibit C-2 sublease Let’s Go Fishing 7. Exhibit C-3 sublease Surf City 8. Exhibit C-4 sublease Kite Connection 9. Exhibit C-5 sublease Fare Share Enterprises 10.Exhibit C-6 sublease Abercrombie & Fitch 11.Exhibit D Lease Maintenance Reimbursement Agreement City of Huntington Beach Printed on 7/11/2018Page 2 of 2 powered by Legistar™492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 EXISTING MUNICIPAL PIER M E A N H I G H T I D E 1 9 5 5 LEASE AREA 80' APN: 024-150-06 MAIN ST O C E A N A V E 2036.64'B L A 8 4 CALIFORNIA STATE LANDS COMMISSION RPF 06/14/2018 LAND DESCRIPTION PLAT PRC 6616.1, CITY OF HUNTINGTON BEACH ORANGE COUNTY NO SCALE Page 2 of 2 EXHIBIT A 514 EXISTING MUNICIPAL PIER ME A N H I G H T I D E 1 9 5 5 LEASE AREA 80' APN: 024-150-06 MAIN ST O C E A N A V E 2036.64'BLA 84Lease AreaArea : 221,400Sq.Ft.:5.08 Ac PRC 6616.1 CITY OF HUNTINTON BEACH APN 024-150-06 GENERAL LEASE - PUBLIC AGENCY USE ORANGE COUNTY MAP SOURCE: USGS QUAD MUNICIPAL PIER, HUNTINGTON BEACH This Exhibit is solely for purposes of generally defining the lease premises, is based on unverified information provided by the Lessee or other parties and is not intended to be, nor shall it be construed as, a waiver or limitation of any State interest in the subject or any other property. SITE RPF 06/14/2018 Exhibit BNO SCALE NO SCALE SITE LOCATION SITE 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 City of Huntington Beach File #:18-146 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION 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: Adopt Resolution No. 2018-46 confirming the report of the Public Works Director regarding the costs for weed abatement on private property within the City for the 2018 season Statement of Issue: In accordance with Chapter 8.16 Weed Abatement of the Huntington Beach Municipal Code, the Director of Public Works shall submit to the City Council a cost report of the costs incurred for the abatement of weeds on private properties. Financial Impact: A special assessment totaling $11,568.16 will be charged to the Orange County property tax roll and reimbursed to the City’s General Fund by the County of Orange as part of the ordinary collection process. Recommended Action: A) Adopt Resolution No. 2018-46, “A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Director of Public Works Regarding the Costs for Weed Abatement on Private Property within the City for the 2018 Season”; and, B) Direct that all charges listed thereon be certified to the Orange County 2018/19 Property Tax Roll . Alternative Action(s): Deny approval of the resolution and forego reimbursement to the City for weed abatement services performed on 30 properties. Analysis: Chapter 8.16 Weed Abatement of the Huntington Beach Municipal Code includes a provision for the removal of weeds on private property. In accordance with Section 8.16.010 Removal Required, “all persons owning any real property in the City are required to keep their property free from weeds… or other flammable materials that endangers the public safety by creating a fire hazard.” If a property owner does not remove the weeds or flammable material by a prescribed time, the City Council may order the Director of Public Works to do the work at the expense of the property owner. City of Huntington Beach Printed on 7/11/2018Page 1 of 2 powered by Legistar™861 File #:18-146 MEETING DATE:7/16/2018 Pursuant to City Council direction on March 19, 2018, the City has cleared 30 such properties. The cost of the work totals $11,568.16 as reported on the attached 2018 Weed Abatement Cost Report. In accordance with Government Code Section 39575, these costs must be posted for public review prior to City Council approval. The costs were posted on the City Council Chamber bulletin board on Monday, July 9, 2018. Excepting objections to the cost report, the Director of Public Works recommends confirmation and approval of the 2018 Weed Abatement Cost Report. Environmental Status: Categorically exempt. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Resolution No. 2018-46, “A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on the Private Properties Within the City for the 2018 Season.” City of Huntington Beach Printed on 7/11/2018Page 2 of 2 powered by Legistar™862 863 864 City of Huntington Beach File #:18-167 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Gilbert Garcia, Chief Financial Officer Subject: Adopt Resolution No. 2018-47 approving the Certification of Special Assessments for collecting Delinquent Civil Fines for Municipal Code Violations Statement of Issue: Each year the City records notices of special assessment against private property for the value of unpaid civil fines plus interest and penalties pursuant to Ordinance No.3397 adopted by the City Council on June 15, 1998. City Council approval is required in order to meet the filing deadline with the County of Orange. Financial Impact: The total amount of assessments included in this action equals $650,152.32. Fiscal Year 2018/19 property tax roll will be deposited into the General Fund when collected. Recommended Action: Adopt Resolution No. 2018-47, "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations." Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: In June 1998, the City Council adopted Huntington Beach Municipal Code Chapter 1.18 authorizing the issuance of administrative citations that impose civil fines for violation of the Municipal Code of the City of Huntington Beach. Pursuant to Section 1.18.150 of the Municipal Code, the City may certify certain fines, interest, and penalties as delinquent and have them collected as special assessments against the real property involved. These assessments are limited to property related violations, wherein the fines exceed $250.00 cumulatively, and are 60 days past due. In addition, all hearing or appeal rights of the cited persons have been exhausted. For each of the properties being considered for placement of a lien, staff verified that the owners received proper notification of the violations, citations, notification of the outstanding fines and fees City of Huntington Beach Printed on 7/11/2018Page 1 of 2 powered by Legistar™865 File #:18-167 MEETING DATE:7/16/2018 due, and of the potential for placement of a lien on their property for non-payment of the outstanding fines and fees. Property owners also received invoices for the outstanding fines and fees and were provided the opportunity to make payment arrangements. Civil fines identified on Exhibit A to this Resolution have not been paid. The fine amounts will be levied against the properties, non-payment of which will incur penalties and will appear as an exception to the title on a title report at the time of transfer of the property. In addition, the fines will be reported to the County Tax Assessor for inclusion on the property tax bills. All assessments identified on “Exhibit A” represent fines, penalties, and interest related to code enforcement action against medical marijuana establishments operating illegally within the City. Environmental Status: Not Applicable. Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Resolution No. 2018-47, “A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments For Collecting Delinquent Civil Fines For Nuisance Violations Of The Municipal Code,” including “Exhibit A” City of Huntington Beach Printed on 7/11/2018Page 2 of 2 powered by Legistar™866 867 868 EXHIBIT A 869 870 871 City of Huntington Beach File #:18-166 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Marie Knight, Director of Community Services Subject: Adopt Resolution No. 2018-48 amending Resolution 2018-29 which established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution 6) to make permanent parking rate modifications for the Great Pacific Airshow and set a policy for annual parking pass holders during events where the parking rate has been increased. Statement of Issue: Staff is recommending that the previously adopted parking rates for the Great Pacific Airshow become a permanent part of the Master Fee and Charges Schedule as included in Exhibit A of Resolution 2018-48. Staff is also recommending that starting January 1, 2019, all annual parking pass holders be required to pay the difference between the regular daily parking rate and the increased parking rate for specific events such as the Airshow and 4th of July. Financial Impact: The recommended rates as presented herein are administrative in nature and as such do not represent increased rates, but rather institutionalize the rates that were previously adopted by the City Council. Recommended Action: Adopt Resolution 2018-48, “A Resolution of the City Council of the City of Huntington Beach amending Resolution 2018-29 which established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution 6).” Alternative Action(s): Do adopt Resolution 2018-48 and direct staff accordingly. Analysis: Last year, at the September 5, 2017, Council meeting, City Council adopted Resolution 2017-44 which temporarily raised parking rates for the three-day Airshow event (September 29, 30, and October 1, 2017) in the attended south beach lots and at the Main Promenade Parking Structure. This year, staff is recommending the same parking increases as referenced in ”Exhibit A” of Attachment 1 for the three-day period. Staff is also recommending that these rates be included in City of Huntington Beach Printed on 7/11/2018Page 1 of 3 powered by Legistar™872 File #:18-166 MEETING DATE:7/16/2018 the Citywide Master Fee and Charges Schedule for the three-day airshow period on a permanent basis. Although the actual event dates will change from year-to-year, it is not anticipated that the event would extend any longer than the three-day period, thus approving a permanent change is possible. Specifically, as shown above, a parking fee increase of an additional $15.00 per vehicle is recommended at the South Beach attended lots, as well as the doubling of the hourly rates at Main Promenade Parking Structure (MPPS) with a maximum daily rate of $30.00. It is anticipated that these rates will generate amounts similar to prior years, approximately $134,000 in support of the event. In addition, staff is recommending the continuance of the Recreational Vehicle (RV) Event Camping Pass, which will allow RVs to camp during the entire event or a portion thereof at a rate of up to $1,600 for the full four-day pass, generating an estimated $11,000 for a combined total of $145,000. While significantly higher than our existing posted rate of $70 per day, the promoter believes that this special event rate is quite acceptable. As a comparison, in-field RV overnight rates at the Auto Club Speedway in Fontana range from $450 to $650 per night. Last year the RV Camping pass was approved just a couple of weeks prior to the event and yet there were still 10 reserved spaces, even with the short notice. With an earlier start, and more opportunity for advertising, we anticipate that this year will generate even more interest. For those wishing to bring an RV, but not wanting to camp overnight, RV’s would also be allowed to park for day-use only at the increased rate of $30 per occupied space (or $60 per day, assuming two spaces). Typical parking revenues during similar weekends have averaged $45,000. Therefore, the increased rates are estimated to generate $100,000 in support of the event ($145,000 total increased revenue less $45,000 average revenue). Additionally, staff is recommending a change to the annual beach parking pass program. Starting January 1, 2019, staff recommends that all annual pass holders be required to pay the difference between the daily parking rate, which at this time is $15, and the new rate set for these large Specific Events such as the Airshow and 4th of July. It is important to note that customers who wish to come downtown to shop or dine have several parking options available: 1. The Pier Plaza north parking lot has easy access from 6 th street and will have an hourly parking provision as spaces become available throughout the day. 2. All downtown parking meters will be hourly with a two-hour maximum. Environmental Status: Not applicable. Strategic Plan Goal: City of Huntington Beach Printed on 7/11/2018Page 2 of 3 powered by Legistar™873 File #:18-166 MEETING DATE:7/16/2018 Strengthen economic and financial sustainability Attachment(s): 1. Resolution 2018-48, A Resolution of the City Council of the City of Huntington Beach amending Resolution 2018-29 which established a Consolidated Comprehensive Citywide Master Fee and Charges Schedule (Supplemental Fee Resolution 6). City of Huntington Beach Printed on 7/11/2018Page 3 of 3 powered by Legistar™874 875 876 City of Huntington Beach File #:18-151 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION 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: Accept Rainbow Environmental Services’ proposal for a Commercial Organic Waste Recycling Program including a 2.18% Commercial Trash Rate Adjustment Statement of Issue: California’s Mandatory Commercial Organics recycling law (AB 1826) requires businesses that generate a specified amount of food and other organic waste material per week to arrange for recycling service for that material. Currently there is no rate component in the commercial waste disposal rates to accommodate this State mandated service. Rainbow Environmental Services (Rainbow) is proposing an Organic Waste Recycling Program (Program) that includes a 2.18% increase in all commercial trash collection rates effective September 1, 2018 . Financial Impact: Commercial trash service is arranged, invoiced, and collected directly from the customer by Rainbow. There is no direct expense to the city for this commercial organic waste program . Recommended Action: Accept Rainbow Environmental Services’ proposal for Organic Waste Recycling program to comply with AB 1826. Alternative Action(s): Do not accept Rainbow Environmental Services’ proposal for the Organic Waste Recycling program. Direct staff to proceed accordingly. This alternative will delay program implementation. Analysis: The State has identified decomposing organic wastes in California landfills as a significant source of greenhouse gas emissions. Californians landfill more than 30 million tons of solid waste annually and approximately 30% of that material is organic material that could be recycled through composting and conversion to energy. As defined in the statute, organic waste includes food waste and food-soiled paper waste along with more traditional compostable materials such as yard waste and landscape trimming. To reduce organic waste disposal and greenhouse gas emissions from landfills, the State legislature City of Huntington Beach Printed on 7/11/2018Page 1 of 3 powered by Legistar™877 File #:18-151 MEETING DATE:7/16/2018 enacted AB 1826 requiring collection and recycling of organic waste from businesses that meet specific waste generation thresholds. The current commercial waste collection rates do not include a component to provide the segregated collection and recycling of organics required by statute. Implementation Timeline Program implementation is in tiers based on the amount and type of waste that a business generates. Rainbow’s Program is inclusive of Tiers 1 and 2 with rates effective September 1, 2018. Following is the state’s implementation schedule for full compliance. Tier 1 -- April 1, 2016:Businesses that generate 8 cubic yards or more of organic waste per week shall recycle their organic waste. Affected businesses: 88 Current participation: 14 Tier 2 -- January 1, 2017: Businesses that generate 4 cubic yards or more of organic waste per week shall recycle their organic waste. Projected businesses: 43 Tier 3 - January 1, 2019: Businesses that generate 4 cubic yards or more of solid waste (all trash and organics) shall recycle their organic waste. Projected businesses: 1,570 Tier 4 - January 1, 2020: If there has not been a significant reduction in landfill organics to 50 percent of 2014 level, a business that generates 2 cubic yards or more of solid waste per week will recycle their organic wastes. Enforcement of this tier is at the discretion of CalRecycle. Proposed Program Through an ongoing pilot program, Rainbow is providing food waste organics collection to some of the businesses under the April 1, 2016 deadline. The proposed Program will enable Rainbow to provide food waste organics recycling, outreach, and education to affected businesses to achieve compliance through the first two Tier thresholds. Rainbow estimates its annual cost to provide organics recycling service to Huntington Beach businesses through the January 1, 2019 threshold is $632,566. The Program includes a 2.18% increase in all commercial trash rates and spreads the cost across the entire commercial sector, regardless of whether the business produces organic waste or meets the Tier 1 or Tier 2 threshold. The businesses that are within those thresholds and produce organics will also pay for a separate organic waste recycling container at prices equal to the container rates for regular trash. The proposed Program creates a rate structure for organics recycling until January 1, 2019. On January 1, 2019, businesses that generate 4 cubic yards of trash or more will be required to participate. The introduction of additional organic waste, collection route efficiencies, and changing markets for collected material will require Rainbow to propose another rate schedule reflecting the costs for increased participation and potential savings from route efficiencies. State Requirements Commercial trash service is arranged and billed directly between the customer and Rainbow. The city does not provide billing or collection services for commercial trash services. However, under AB 1826, the State is requiring cities to provide commercial organics program monitoring, enforcement, City of Huntington Beach Printed on 7/11/2018Page 2 of 3 powered by Legistar™878 File #:18-151 MEETING DATE:7/16/2018 public education, and annual reporting to CalRecycle. Staff time will be required to provide these functions, as well as an anticipated increase in customer inquiries. Not providing the Program will expose the City to compliance orders and possible monetary penalties for non-compliance. The maximum penalty provided in the statute is $10,000 per day. Environmental Status: The adjustment of commercial trash rates is statutorily exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15273, which exempts the establishment, structuring, restructuring or approval of rates, tolls, fares, and other charges for the purpose of meeting operating expenses. Additionally, acceptance of Rainbow Environmental Service’s commercial organic waste recycling program would be exempt pursuant to CEQA Guidelines Section 15061(b)(3), which exempt projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Huntington Beach Tiers 1 and 2 AB 1826 Proposal and Rate Schedule City of Huntington Beach Printed on 7/11/2018Page 3 of 3 powered by Legistar™879 632,566$ 2,492 tons 11,076 yards 87 customers 632,566$ Revenue Requirement 208,526$ MSW rate (food charged same as MSW) 424,040$ Amount to allocate to commercial & industrial sectors 19,410,000$ Annual Commercial + Industrial Revenue 2.18%AB 1826 Increase to Commercial and Rates(1) 1X 2X 3X 4X 5X 6X 83.23$ 131.82$ 166.48$ 185.01$ 217.41$ 252.02$ 100.00$ 45.00$ 90.00$ 135.00$ 180.00$ 225.00$ 270.00$ 50.00$ Footnotes: (1) Commercial Sector Wide rate allocation of 2.18% applies to Commercial rates Only. Residential rates are not impacted. (2) Rates herein provide for full compliance for AB 1826 Tiers 1 & 2 through December 31, 2018. 5% Franchise Rate Included 1 Cubic Yard Bin - Refuse or Organics (2) 64 Gallon Organics Cart (2) Organics Container Contamination Monthly Rate based on Collection Frequency Huntington Beach Tiers 1 & 2 AB 1826 Rates Required Revenue Operating Assumptions AB 1826 Compliance - Commercial Sector Wide Rate Allocation Container Size 880 Revenue Requirement632,566$ 100%Food Material Processing (236,750)$ -37.4%Service & Admin(267,567)$ -42.3%Total AB 1826 Costs(504,317)$ -79.7%Interest Expense(17,653)$ -2.8%Income Tax(44,238)$ -7.0%Net income66,358$ 10.5%FTE Driver & FTE Helper w/benefits, Truck, Containers, Marketing, Outreach, AdminCORe Facility in Orange for Organics to Slurry to LA Co. Sanitation, Agromin - ChinoHuntington Beach Tiers 1 & 2 AB 1826 Compliance Cost ModelNotes881 AB 1826 MANDATORY ORGANICS RECYCLING CITY OF HUNTINGTON BEACH SUBMITTED TO CITY ON 07/03/18 2018 Refuse Base Rate Organics Sector Wide Allocation 2018 Refuse Rate 5% Franchise Fee 2018 MRF Rate 2018 Rate 1 YARD 1 X PER WEEK 75.10$ 2.18%76.74$ 3.84$ 2.66$ 83.23$ 2 X PER WEEK 117.83$ 2.18%120.40$ 6.02$ 5.40$ 131.82$ 3 X PER WEEK 147.58$ 2.18%150.80$ 7.54$ 8.14$ 166.48$ 4 X PER WEEK 162.26$ 2.18%165.80$ 8.29$ 10.92$ 185.01$ 5 X PER WEEK 189.91$ 2.18%194.05$ 9.70$ 13.66$ 217.41$ 6 X PER WEEK 219.59$ 2.18%224.38$ 11.22$ 16.42$ 252.02$ 2 YARD 1 X PER WEEK 122.26$ 2.18%124.93$ 6.25$ 4.70$ 135.87$ 2 X PER WEEK 175.24$ 2.18%179.06$ 8.95$ 9.22$ 197.23$ 3 X PER WEEK 219.66$ 2.18%224.45$ 11.22$ 14.98$ 250.65$ 4 X PER WEEK 257.62$ 2.18%263.24$ 13.16$ 20.04$ 296.44$ 5 X PER WEEK 317.20$ 2.18%324.11$ 16.21$ 25.04$ 365.36$ 6 X PER WEEK 364.27$ 2.18%372.21$ 18.61$ 30.08$ 420.90$ 3 YARD 1 X PER WEEK 156.27$ 2.18%159.68$ 7.98$ 4.71$ 172.37$ 2 X PER WEEK 235.36$ 2.18%240.49$ 12.02$ 10.50$ 263.02$ 3 X PER WEEK 317.16$ 2.18%324.07$ 16.20$ 20.54$ 360.82$ 4 X PER WEEK 372.54$ 2.18%380.66$ 19.03$ 30.14$ 429.83$ 5 X PER WEEK 477.02$ 2.18%487.42$ 24.37$ 37.68$ 549.47$ 6 X PER WEEK 557.72$ 2.18%569.88$ 28.49$ 45.22$ 643.59$ 3 YARD COMPACTOR 1X PER WEEK 327.10$ 2.18%334.23$ 16.71$ 350.94$ 2X PER WEEK 503.34$ 2.18%514.31$ 25.72$ 540.03$ 3X PER WEEK 698.45$ 2.18%713.68$ 35.68$ 749.36$ 4X PER WEEK 839.33$ 2.18%857.63$ 42.88$ 900.51$ 5X PER WEEK 1,071.79$ 2.18%1,095.16$ 54.76$ 1,149.91$ 6X PER WEEK 1,256.84$ 2.18%1,284.24$ 64.21$ 1,348.45$ 2018 Rate Organics Sector Wide Allocation 2018 Refuse Rate 5% Franchise Fee Calculated 2018 Total 40 Yd DOB (4)499.26$ 2.18%510.14$ 24.96$ 535.11$ 8 Yd DOB (4) Lowboy 544.09$ 2.18%555.95$ 27.20$ 583.16$ RAB - Weekday 64.19$ 2.18%65.59$ 3.21$ 68.80$ RAB - Weekend 79.47$ 2.18%81.20$ 3.97$ 85.18$ 40 Yd Compactor (8) Tons 632.02$ 2.18%645.80$ 31.60$ 677.40$ 40 Yd Compactor Haul plus Disposal 168.06$ 2.18%171.72$ 8.40$ 180.13$ plus disposal of $56.92 per ton 40 Yd Compactor Recycling, Haul Only 168.06$ 2.18%171.72$ 8.40$ 180.13$ no disposal Dry Run Roll Off 76.40$ 2.18%78.07$ 3.82$ 81.89$ Overweight 60.09$ 2.18%61.40$ 3.00$ 64.40$ per ton Extra Yardage 45.85$ 2.18%46.85$ 2.29$ 49.14$ Steam Clean/Deodorize Compactor 127.36$ 2.18%130.14$ 6.37$ 136.50$ Recycle Contamination 45.85$ 2.18%46.85$ 2.29$ 49.14$ 2018 Rate Calculation 882 AB 1826 MANDATORY ORGANICS RECYCLING CITY OF HUNTINGTON BEACH SUBMITTED TO CITY ON 07/03/18 SERVICE LEVELS BASE RATE STATE RECYCLING FEE 5% FRAN FEE RATE SERVICE LEVELS BASE RATE STATE RECYCLING FEE 5% FRAN FEE RATE 1 X PER WEEK 135.73$ -$ 6.79$ 142.51$ 1 X PER WEEK 159.68$ 4.71$ 7.98$ 172.37$ 2 X PER WEEK 204.42$ -$ 10.22$ 214.64$ 2 X PER WEEK 240.49$ 10.50$ 12.02$ 263.02$ 3 X PER WEEK 275.46$ -$ 13.77$ 289.24$ 3 X PER WEEK 324.07$ 20.54$ 16.20$ 360.82$ 4 X PER WEEK 323.56$ -$ 16.18$ 339.74$ 4 X PER WEEK 380.66$ 30.14$ 19.03$ 429.83$ 5 X PER WEEK 414.31$ -$ 20.72$ 435.02$ 5 X PER WEEK 487.42$ 37.68$ 24.37$ 549.47$ 6 X PER WEEK 484.40$ -$ 24.22$ 508.62$ 6 X PER WEEK 569.88$ 45.22$ 28.49$ 643.59$ 1 X PER WEEK 106.19$ -$ 5.31$ 111.50$ 1 X PER WEEK 124.93$ 4.70$ 6.25$ 135.87$ 2 X PER WEEK 152.20$ -$ 7.61$ 159.81$ 2 X PER WEEK 179.06$ 9.22$ 8.95$ 197.23$ 3 X PER WEEK 190.78$ -$ 9.54$ 200.32$ 3 X PER WEEK 224.45$ 14.98$ 11.22$ 250.65$ 4 X PER WEEK 223.75$ -$ 11.19$ 234.94$ 4 X PER WEEK 263.24$ 20.04$ 13.16$ 296.44$ 5 X PER WEEK 275.50$ -$ 13.77$ 289.27$ 5 X PER WEEK 324.11$ 25.04$ 16.21$ 365.36$ 6 X PER WEEK 316.38$ -$ 15.82$ 332.20$ 6 X PER WEEK 372.21$ 30.08$ 18.61$ 420.90$ 1 X PER WEEK 65.23$ -$ 3.26$ 68.49$ 1 X PER WEEK 76.74$ 2.66$ 3.84$ 83.23$ 2 X PER WEEK 102.34$ -$ 5.12$ 107.46$ 2 X PER WEEK 120.40$ 5.40$ 6.02$ 131.82$ 3 X PER WEEK 128.18$ -$ 6.41$ 134.59$ 3 X PER WEEK 150.80$ 8.14$ 7.54$ 166.48$ 4 X PER WEEK 140.93$ -$ 7.05$ 147.97$ 4 X PER WEEK 165.80$ 10.92$ 8.29$ 185.01$ 5 X PER WEEK 164.94$ -$ 8.25$ 173.19$ 5 X PER WEEK 194.05$ 13.66$ 9.70$ 217.41$ 6 X PER WEEK 190.72$ -$ 9.54$ 200.26$ 6 X PER WEEK 224.38$ 16.42$ 11.22$ 252.02$ 1X PER WEEK 51.38$ -$ 2.57$ 53.94$ 2X PER WEEK 80.35$ -$ 4.02$ 84.37$ SERVICE LEVELS BASE RATE 5% FRAN FEE RATE 3X PER WEEK 100.65$ -$ 5.03$ 105.68$ 4X PER WEEK 110.66$ -$ 5.53$ 116.19$ 1 X PER WEEK 79.40$ -$ 3.84$ 83.23$ 5X PER WEEK 129.51$ -$ 6.48$ 135.99$ 2 X PER WEEK 125.80$ -$ 6.02$ 131.82$ 6X PER WEEK 149.76$ -$ 7.49$ 157.24$ 3 X PER WEEK 158.94$ -$ 7.54$ 166.48$ 4 X PER WEEK 176.72$ -$ 8.29$ 185.01$ 1X PER WEEK 32.05$ -$ 1.60$ 33.66$ 5 X PER WEEK 207.71$ -$ 9.70$ 217.41$ 2X PER WEEK 50.22$ -$ 2.51$ 52.73$ 6 X PER WEEK 240.80$ -$ 11.22$ 252.02$ 3X PER WEEK 62.90$ -$ 3.15$ 66.05$ CONTAMINATION 100.00$ 4X PER WEEK 69.17$ -$ 3.46$ 72.62$ 5X PER WEEK 80.95$ -$ 4.05$ 84.99$ 1 X PER WEEK 42.86$ -$ 2.14$ 45.00$ 6X PER WEEK 93.60$ -$ 4.68$ 98.28$ 2 X PER WEEK 85.71$ -$ 4.29$ 90.00$ 3 X PER WEEK 128.57$ -$ 6.43$ 135.00$ 1X PER WEEK 22.42$ -$ 1.12$ 23.54$ 4 X PER WEEK 171.43$ -$ 8.57$ 180.00$ 2X PER WEEK 35.16$ -$ 1.76$ 36.92$ 5 X PER WEEK 214.29$ -$ 10.71$ 225.00$ 3X PER WEEK 44.04$ -$ 2.20$ 46.24$ 6 X PER WEEK 257.14$ -$ 12.86$ 270.00$ 4X PER WEEK 48.41$ -$ 2.42$ 50.83$ CONTAMINATION 47.62$ 2.38$ 50.00$ 5X PER WEEK 56.67$ -$ 2.83$ 59.50$ 6X PER WEEK 65.52$ -$ 3.28$ 68.79$ 1 YARD 1 YARD SOURCE SEPARATED RECYCLING MIXED WASTE PROCESSING 3 YARD 3 YARD 2 YARD 2 YARD 160 GALLON 95 GALLON 65 GALLON ORGANICS PROCESSING 1 YARD 65 GALLON 883 City of Huntington Beach File #:18-165 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Antonia Graham, Assistant to the City Manager Subject: City Council Travel Protocol and Established Policies Statement of Issue: At the June 5, 2018 City Council Meeting, Mayor Posey and Mayor Pro Tem Peterson introduced a Council Member Item to discuss Council Member travel and State and Federal advocacy trips. Following discussion, Council directed the City Manager to review the current travel policies as well as the budget and bring back to City Council any recommendations if needed. This Request for Council Action provides an overview of existing Council Member Travel policies/protocol. Financial Impact: There is no fiscal impact associated with the review of City Council travel protocol and the City’s established policies related to such travel. Recommended Action: Provide staff direction on existing Council Travel Protocol and Established Policies. Alternative Action(s): Direct staff accordingly. Analysis: City Council Members often travel within the State and to Washington D.C. on official business to advocate for the City. These trips are often organized by third-party advocacy groups, such as the League of California Cities, Association of California Cities - Orange County, and Orange County Business Council. Currently, no official “City Council Travel” Policy exists that outlines the process used to determine which Council Member(s) will represent the City on advocacy trips to Washington D.C., or other travel. In addition, no formal policy exists regarding the allocation of the annual training and conferences budget for the City Council. City staff spoke with Council Member,Jill Hardy, who provided an overview of the past historical practice. For many years, seniority determined who would attend advocacy trips; generally, the City of Huntington Beach Printed on 7/11/2018Page 1 of 3 powered by Legistar™884 File #:18-165 MEETING DATE:7/16/2018 practice. For many years, seniority determined who would attend advocacy trips; generally, the Mayor would be the primary elected official designated to attend trips to Washington D.C. Only when the Mayor could not attend,would the Mayor Pro Tem attend. It is only in recent years that these new third-party advocacy groups began offering advocacy trips, thereby resulting in multiple trips to Sacramento and Washington D.C. available throughout the year. Council Travel Budget Although there is no formal policy that states how much of the annual travel budget each Council Member receives, the budget for Council related conferences and training was $21,100 in FY 2017/18. The general breakdown at the start of the fiscal year is as follows: $4,300 for the Mayor and $2,800 per Council Member. For FY 2018/2019 the budget was increased to $26,100. This has been the general budgetary practice. In the past, should a Council Member exceed his/her budget, he/she could ask another Council Member to use some of their unspent funds, depending upon availability. Best Practices Staff reviewed policies and procedures from various municipalities throughout the State. None of the policies reviewed dictate who can attend which conferences. However, Fountain Valley has a policy that states, “Every year sufficient funds are budgeted to allow every City Council Member the opportunity to attend the League of California Cities Annual Conference. Adequate funds are also budgeted to allow all Council Members to attend a national conference once every two years.” The policy adopted by the City of Irvine states that criteria is used to determine whether a City Council and/or appointed official can travel. An official with the City of Irvine can travel on “official” City business when: (a) The conference or meeting is held by an organization or agency of which the City is a member; (b) The purpose of the travel is City representation in support of a City Council approved program, or at the direction of the City Council; and (c) Adequate funds are available within the approved individual City Council Business Expense budget or approved by the City Council separately. Some options the City Council may want to consider are the following: 1. Keep current practice in place 2. Memorialize current practice with a formal policy for advocacy travel to Washington D.C. only 3. Re-instate past historic practice with a formal policy for advocacy travel to Washington D.C. only 4. Appoint the Intergovernmental Relations Committee as the body tasked to determine attendance on advocacy trips to Washington D.C. City of Huntington Beach Printed on 7/11/2018Page 2 of 3 powered by Legistar™885 File #:18-165 MEETING DATE:7/16/2018 5. Create a new City Council Travel Policy incorporating best practices Environmental Status: Not applicable Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): None City of Huntington Beach Printed on 7/11/2018Page 3 of 3 powered by Legistar™886 City of Huntington Beach File #:18-194 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Fred A. Wilson, City Manager PREPARED BY:Fred A. Wilson, City Manager Subject: Adopt Interim Ordinance No. 4164 establishing a Temporary Moratorium on Shared Mobility Devices to take effect immediately (Requires 4/5 Vote to Adopt) Statement of Issue: At the July 2, 2018, meeting of the City Council, Council directed the City Manager to work with the City Attorney to return by July 16, 2018, with a proposal for a 120-day moratorium on Shared Mobility Device Services operating in Huntington Beach. Financial Impact: This moratorium will save money and resources for the City in that it will allow the City to develop a more thoughtful approach to regulation, thereby producing a more cost-effective result. Recommended Action: Adopt Interim Ordinance No.4164, “An Interim Ordinance of the City Council of the City of Huntington Beach Establishing a Temporary Moratorium on Shared Mobility Devices to take Effect Immediately.” Alternative Action(s): Deny the recommended interim ordinance and utilize existing laws to regulate shared mobility devices until the City establishes additional regulations. Analysis: The concept of shared mobility has been applied to devices such as bicycles and electric scooters . S hared mobility devices are especially prevalent in coastal California communities such as Santa Monica, San Mateo, San Francisco,Venice Beach,San Diego, and Long Beach,among other cities. Currently,Huntington Beach does not have any regulations pertaining specifically to mobility device sharing services.The City of Huntington Beach has the opportunity to work proactively on this issue and create regulations that will promote local business and city revenue while protecting the quality of life and public safety in Huntington Beach. The business model of shared mobility device companies operates such that a user can locate and unlock a mobility device using a smart phone application and by paying a fee. When the user is done City of Huntington Beach Printed on 7/11/2018Page 1 of 2 powered by Legistar™887 File #:18-194 MEETING DATE:7/16/2018 with the bicycle or scooter, they are able to park the device anywhere and relock it via the application. Certain coastal California cities with shared mobility devices have experienced challenges to public safety where the public is endangered by bicycle and scooter riders ignoring local and state traffic regulations, riding on sidewalks, or without a helmet. In addition, many users leave bicycles and scooters haphazardly parked in public pathways or sidewalks which could potentially limit or delay access for fire and police emergency vehicles to critical locations, or at a minimum, create a tripping hazard for pedestrians . Moreover, when bicycles and scooters are abandoned in non-designated locations, individuals with disabilities are unable to fully utilize curbs, ramps and other ADA compliant structures that help ensure their safety. In order to address these problems, many cities are in the process of regulating shared mobility devices.A temporary land use regulation (often called a "moratorium") is a mechanism by which a zoning regulation is adopted for a limited period of time. State law requires a current and immediate threat to the public health, safety and welfare in order to adopt a moratorium. In this case, the City of Huntington Beach has become aware of a growing threat to public safety in the form of shared mobility devices creating traffic, pedestrian and other direct access problems in the City’s right of way, including streets, curbs, alleys and sidewalks. The City will need to adopt as an urgency measure an interim ordinance to stem the proliferation of shared mobility devices long enough for City staff to introduce a comprehensive regulatory scheme to address potential public safety issues created by unregulated shared mobility devices. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Interim Ordinance No.4164 of the City Council of the City of Huntington Beach Establishing a Temporary Moratorium on Shared Mobility Devices City of Huntington Beach Printed on 7/11/2018Page 2 of 2 powered by Legistar™888 889 890 891 City of Huntington Beach File #:18-187 MEETING DATE:7/16/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Patrick Brenden, City Council Member Subject: Item Submitted by Council Member Brenden - Recognition for Father Christian Mondor and Pastor Sumo Sato Statement of Issue: With the recent passing of Father Christian Mondor and Pastor Blaine “Sumo” Sato, known to many as the surfing Padre and the surfing Pastor, Huntington Beach lost two of its most highly respected religious leaders. Each of these beloved watermen revered the ocean, and in the surf, found divine inspiration. Both men spent many years in Huntington Beach providing spiritual leadership, bringing the community together through their healing and hopeful words, inspiring all of us to simply love and respect one another. In recognition of their contributions to our community, I propose that a public memorial be established to honor Father Christian and Pastor Sumo. Further, I believe that it would be most appropriate to engage the local surfing community as well as the followers of these men, in deciding where and how best to honor them. Among the possibilities that should be considered is a bronze plaque to be installed on Tower Zero on the pier. Recommended Action: Direct the Community Services Commission to work with the surfing community and the followers of Father Christian and Pastor Sumo to develop a proposal for a public memorial honoring these two men. Return to City Council within 90 days to present the proposal. Xc: Fred Wilson, City Manager Lori Ann Farrell Harrison, Assistant City Manager Robin Estanislau, City Clerk Michael Gates, City Attorney City of Huntington Beach Printed on 7/11/2018Page 1 of 1 powered by Legistar™892