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AGENDA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, July 15, 2019
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
Study Session - 4:00 PM / Closed Session - 5:00 PM
Regular Meeting - 6:00 PM
MAYOR AND CITY COUNCIL
ERIK PETERSON, Mayor
LYN SEMETA, Mayor Pro Tem
PATRICK BRENDEN, Councilmember
KIM CARR, Councilmember
BARBARA DELGLEIZE, Councilmember
JILL HARDY, Councilmember
MIKE POSEY, Councilmember
STAFF
DAVE KIFF, Interim City Manager
MICHAEL E. GATES, City Attorney
ROBIN ESTANISLAU, City Clerk
ALISA BACKSTROM, City Treasurer
City Council/Public Financing
Authority
AGENDA July 15, 2019
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute
Time Limit)
STUDY SESSION
19-7821.Proposition 68 Competitive Projects
19-6302.Regional Housing Need Allocation Update
RECESS TO CLOSED SESSION
CLOSED SESSION
19-7743.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: City of Huntington Beach v. City of
Fountain Valley, et al. (PCTA); OCSC Case No. 30-2019-01071652.
19-7754.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, two (2).
19-7765.Pursuant to Government Code § 54954.5(e), the City Council shall
recess into Closed Session to discuss the public employment of
City Manager
19-7866.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: Tomasz Wysokinksi v. City of
Huntington Beach; COHB-95-0139, ADJ4132089.
19-7877.Pursuant to Government Code § 54956.9(d)(1), the City Council shall
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City Council/Public Financing
Authority
AGENDA July 15, 2019
recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Gabriel Ricci v. City of Huntington
Beach; COHB-18-0081.
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING
ROLL CALL
Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
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.
19-6418.Deacon Tom Concitis of the Greater Huntington Beach Interfaith
Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
19-7299.Mayor Peterson to call on Victoria Alberty who will present the
Adoptable Pet of the Month.
19-72410.Mayor Peterson to call on Community Services Director Marie
Knight who will proclaim July as National Parks and Recreation
Month.
19-72511.Mayor Peterson to call on Marine Safety Chief Mike Baumgartner
and Junior Lifeguard Coordinator Mike Eich to recognize the Junior
Guard Educational Exchange Team managers from Tiarua and Piha,
New Zealand, who will make a presentation to the City of
Huntington Beach.
19-72612.Mayor Peterson to present commendations to members who
participated and completed the City’s 3rd Annual Citizens
Academy.
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City Council/Public Financing
Authority
AGENDA July 15, 2019
19-72813.Mayor Peterson to call on Fire Chief David Segura who will present
the Mayor’s Award to Administrative Assistant Lorene Ernst.
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
19-78314.Subjects addressed include July 4, 2019 recap by Chief Handy, and
Ascon Landfill remediation update by Interim City Manager Kiff.
CONSENT CALENDAR
19-72315.Approve and Adopt Minutes
A)Approve and adopt the City Council/Public Financing Authority regular meeting
minutes dated June 17, 2019; and,
B)Approve and adopt the City Council special meeting minutes dated June 29, 2019;
and,
C)Approve and adopt the City Council/Public Financing Authority regular meeting
minutes dated July 1, 2019.
Recommended Action:
19-75016.Approve the June 2019 City of Huntington Beach Strategic Plan
Update
Approve the June 2019 Strategic Objectives Update as contained within Attachment 1.
Recommended Action:
19-76917.City Council Position on Legislation Pending Before Congress and
the State Legislature as Recommended by the City Council
Intergovernmental Relations Committee (IRC)
A)Approve a City position of Support on S. 2012 “Restoring Local Control Over Public
Infrastructure Act”; and,
Recommended Action:
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City Council/Public Financing
Authority
AGENDA July 15, 2019
B)Approve a City position of Support on Assembly Bill 1779 (Daly) - Recovery
Residences; and,
C)Approve a City position of Support if Amended on Senate Bill 438 (Hertzberg) -
Emergency Medical Services: Dispatch; and,
D)Approve a City position of Support on Senate Bill 667 (Hueso) - Recycling
Infrastructure; and,
E)Approve a City position of Oppose on Senate Bill 330 (Skinner) - Housing Crisis Act
of 2019; and,
F)Adopt Resolution No. 2019-15, “A Resolution of the City Council of the City of
Huntington Beach Supporting Maintaining Local Control of Energy Solutions.”
19-74718.Approve the Appointment of Jeffrey Dahl to the Design Review
Board as recommended by Council Liaisons Mayor Erik Peterson,
and Mayor Pro Tem Lyn Semeta
Approve the appointment of Jeffrey Dahl to the Design Review Board for a term to
expire on July 2023.
Recommended Action:
19-76319.Approve the reappointment of Richard Moore and Faith Vogel for an
additional term to the Library Board as recommended by Council
Liaisons Kim Carr and Jill Hardy
Approve reappointment of Richard Moore and Faith Vogel for an additional term to the
Library Board effective July 1, 2019 through June 30, 2023.
Recommended Action:
19-74220.Award and authorize execution of a construction contract with
Corral Construction and Development, Inc. in the amount of
$141,999 for the Central Library Restroom Access Compliance,
MSC-528.
A)Accept the lowest responsive and responsible bid submitted by Corral Construction
and Development, Inc. in the amount of $141,999; and ,
B)Authorize project contingency expense not to exceed $28,400; and ,
C)Authorize the Mayor and City Clerk to execute a construction contract in a form
Recommended Action:
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City Council/Public Financing
Authority
AGENDA July 15, 2019
approved by the City Attorney.
19-74521.Approve and authorize execution of Amendment #1 to the
Professional Services Agreement with Enterprise Automation for
On-Call Engineering Services for Water and Wastewater
Supervisory Control and Data Acquisition (SCADA) system in the
amount of $300,000 and extending the term one year
Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to
Agreement Between the City of Huntington Beach and Enterprise Automation for On-Call
Engineering Services for Water and Wastewater SCADA System .”
Recommended Action:
19-76022.Approve and authorize execution of Amendment No. 2 to
Professional Services Agreement with Go-Live Technology, Inc. in
the amount of $60,000 for the Citywide Enterprise Land
Management (ELM) implementation, and approve and authorize an
increase in the Information Services Professional Service listing
authority by $60,000
A)Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to
Professional Services Agreement between the City of Huntington Beach and Go-Live
Technology, Inc. for as needed Information Technology Project Management
Services”; and,
B)Approve and authorize an increase in the Information Services Professional
Services listing authority by $60,000.
Recommended Action:
19-76623.Approve a Ten-Year Lease Agreement with Kathy May’s Restaurant
in Huntington Central Park located at 6622 Lakeview Drive
A)Approve the “Lease Agreement between the City of Huntington Beach and Kathy
May’s Restaurant, Inc.”, for the restaurant building located 6622 Lakeview Drive in
Huntington Beach; and,
B)Authorize the Mayor and City Clerk to execute the Lease Agreement on behalf of the
City.
Recommended Action:
19-73124.Adopt Resolution No. 2019-46 establishing Permit Parking District
“Y” affecting residents on Marken Lane between Slater Avenue and
Holland Drive
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City Council/Public Financing
Authority
AGENDA July 15, 2019
Adopt Resolution No. 2019-46, “A Resolution of the City Council of the City of Huntington
Beach Establishing Permit Parking District “Y” Within the City of Huntington Beach .”
Recommended Action:
19-75725.Adopt Resolution No. 2019-48 confirming reports of cost for weed
abatement on private property within the City for the 2019 season
A)Adopt Resolution No.2019-48, “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 Private Property Within the City for the 2019 Season”; and,
B)Direct that all charges listed thereon be certified to the Orange County 2019/20
Property Tax Roll.
Recommended Action:
19-75926.Adopt Resolution No. 2019-49 Approving the Certification of Special
Assessments for Collecting Delinquent Civil Fines for Nuisance
Violations of the Municipal Code
Adopt Resolution No. 2019-49, "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."
Recommended Action:
19-76127.Adopt Resolution No. 2019-47 Approving the Withdrawal of the City
from the Public Cable Television Authority
Adopt Resolution No. 2019-47, “A Resolution of the City Council of the City of Huntington
Beach Approving the Withdrawal of the City from the Public Cable Television Authority.”
Recommended Action:
ORDINANCES FOR INTRODUCTION
19-76728.Approve for introduction Ordinance 4185 repealing Huntington
Beach Municipal Code Section 2.101 relating to the dissolution of
the Allied Arts Board (AAB)
Approve for introduction Ordinance 4185, “An Ordinance of the City of Huntington Beach
Repealing Huntington Beach Municipal Code Section 2.101 Allied Arts Board.”
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
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City Council/Public Financing
Authority
AGENDA July 15, 2019
A Special Meeting of the City Council has been scheduled for 1:30 PM, Friday, July 26, 2019 at
Huntington Central Library, 7111 Talbert Avenue, Huntington Beach, CA.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority
is Monday, August 5, 2019, 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
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City of Huntington Beach
File #:19-782 MEETING DATE:7/15/2019
Proposition 68 Competitive Projects
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City of Huntington Beach
File #:19-630 MEETING DATE:7/15/2019
Regional Housing Need Allocation Update
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City of Huntington Beach
File #:19-774 MEETING DATE:7/15/2019
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: City of Huntington
Beach v. City of Fountain Valley, et al. (PCTA); OCSC Case No. 30-2019-01071652.
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City of Huntington Beach
File #:19-775 MEETING DATE:7/15/2019
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, two
(2).
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City of Huntington Beach
File #:19-776 MEETING DATE:7/15/2019
Pursuant to Government Code § 54954.5(e), the City Council shall recess into Closed Session
to discuss the public employment of Fire Chief.
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City of Huntington Beach
File #:19-786 MEETING DATE:7/15/2019
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: Tomasz Wysokinksi
v. City of Huntington Beach; COHB-95-0139, ADJ4132089.
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City of Huntington Beach
File #:19-787 MEETING DATE:7/15/2019
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: Gabriel Ricci v. City
of Huntington Beach; COHB-18-0081.
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City of Huntington Beach
File #:19-641 MEETING DATE:7/15/2019
Deacon Tom Concitis of the Greater Huntington Beach Interfaith Council
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City of Huntington Beach
File #:19-729 MEETING DATE:7/15/2019
Mayor Peterson to call on Victoria Alberty who will present the Adoptable Pet of the Month.
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City of Huntington Beach
File #:19-724 MEETING DATE:7/15/2019
Mayor Peterson to call on Community Services Director Marie Knight who will proclaim July
as National Parks and Recreation Month.
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City of Huntington Beach
File #:19-725 MEETING DATE:7/15/2019
Mayor Peterson to call on Marine Safety Chief Mike Baumgartner and Junior Lifeguard
Coordinator Mike Eich to recognize the Junior Guard Educational Exchange Team managers
from Tiarua and Piha, New Zealand, who will make a presentation to the City of Huntington
Beach.
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City of Huntington Beach
File #:19-726 MEETING DATE:7/15/2019
Mayor Peterson to present commendations to members who participated and completed the
City’s 3rd Annual Citizens Academy.
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City of Huntington Beach
File #:19-728 MEETING DATE:7/15/2019
Mayor Peterson to call on Fire Chief David Segura who will present the Mayor’s Award to
Administrative Assistant Lorene Ernst.
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City of Huntington Beach
File #:19-783 MEETING DATE:7/15/2019
Subjects addressed include July 4, 2019 recap by Chief Handy, and Ascon Landfill
remediation update by Interim City Manager Kiff.
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City of Huntington Beach
File #:19-723 MEETING DATE:7/15/2019
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 of June 17, 2019, and July 1,
2019, and the City Council special meeting minutes of June 29, 2019, require review and approval.
Financial Impact:
None.
Recommended Action:
A)Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
June 17, 2019; and,
B)Approve and adopt the City Council special meeting minutes dated June 29, 2019; and,
C)Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated
July 1, 2019.
Alternative Action(s):
Do not approve and/or request revision(s).
Analysis:
None
Environmental Status:
Non-Applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
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File #:19-723 MEETING DATE:7/15/2019
Attachment(s):
1.June 17, 2019 CC/PFA regular meeting minutes
2.June 26, 2019 CC special meeting minutes
3.July 1, 2019 CC/PFA regular meeting minutes
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, June 17, 2019
4:00 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:00 PM — COUNCIL CHAMBERS
CALLED TO ORDER — 4:00 PM
ROLL CALL
Present: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: Brenden
Councilmember Brenden requested and was granted permission to be absent pursuant to Resolution No.
2001-54
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 Item No. 1 (19-676), a PowerPoint communication was received from Travis Hopkins,
Interim Assistant City Manager, entitled PCTA Exit and Transition Plan Update
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — 1 Speaker
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.
Amory Hanson, City Council Candidate in 2020 and Historic Resources Board Member, was called to
speak and stated his support for Study Session Item 1. (19-676) regarding exiting the Public Cable
Television Authority (PCTA) as he believes this will provide an opportunity for more transparency.
(00:00:54)
STUDY SESSION
1. 19-676 Presented Information on Public Cable Television Authority (PCTA) Exit Plan
Council/PFA Regular Minutes
June 17, 2019
Page 2 of 10
Interim City Manager David Kiff introduced Assistant to the City Manager Antonia Graham who
presented a PowerPoint communication entitled: PCTA Exit and Transition Plan Update with slides titled:
Background (2), Business Plan for Operating "Surf City 3," Staffing, Programming, Cablecasting
Services, Programming - Creative Content, What can PEG be spent on?, Proposed Budget, Branding
and Public Notification, Current Trends in TV, Revenue/Partnership Opportunities, and Timeline.
Councilmember Carr and Assistant to the City Manager Graham discussed last year's PEG funding of
approximately $605K which was retained by PCTA, plus the PCTA administrative budget fee of $152K.
Assistant Graham confirmed that the Communications Committee will approved future programming
content, and that video streaming apps are expected to be in place this Fall.
Mayor Pro Tem Semeta commended staff for their research on this change, and encouraged the public
to submit their programming ideas for what they would like to see broadcast.
Councilmember Posey and Assistant Graham discussed the effects of declining cable subscriptions that
will reduce PEG funds, and how cable companies are investing in 5G technology for streaming.
Councilmember Delgleize and Assistant Graham discussed how exiting the PCTA would provide the City
with more control over PEG funds and franchise fees. Assistant Graham explained that installation of
fiber is an eligible PEG fund expense, but clarified that use of PEG funding for installation of dark fiber to
rent or lease out would not be eligible.
Mayor Peterson encouraged the public to suggest programming ideas.
RECESSED TO CLOSED SESSION — 4:20 PM
A motion by Posey, second by Semeta to recess to Closed Session for Items 2 – 4. With no objections
the motion passed.
CLOSED SESSION
2. 19-702 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.
30-2019-01070544
3. 19-701 Pursuant to Government Code § 54954.5(e), the City Council recessed into Closed
Session to discuss the public employment of City Manager
4. 19-704 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Moore (Neal), et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-
01071686
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM
ROLL CALL
Council/PFA Regular Minutes
June 17, 2019
Page 3 of 10
Present: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
Absent: Brenden
Councilmember Brenden requested and was granted permission to be absent pursuant to Resolution No.
2001-54
PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Semeta
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. 19-639 Maha Ragab from the Muslim community and member of the Greater Huntington
Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
6. 19-687 Mayor Peterson to call on Victoria Alberty to present the Adoptable Pet of the
Month
7. 19-688 Mayor Peterson called on Community Services Director Marie Knight who
presented the Mayor’s Award to Community Services Programs and Services
Manager, Chris Slama
Director Knight introduced Mr. Slama, and described his career path, contributions and accomplishments
during his tenure with the City. She focused special attention on his service as Interim Community
Services Director from October 2018 through April 2019, and his commitment to cover for another
Division Manager who retired, all the while serving with grace, professionalism and enthusiasm while
managing these two additional positions. Director Knight thanked Mr. Slama’s family for their support
during this time, and provided a "bucket of fun" for daughters Kaitlyn and Casey to help with making up
for lost time with their dad.
Mr. Slama shared his pleasure at being able to work and raise his family in the City he grew up in. He
thanked the Community Services team for their support in enhancing the quality of life in Huntington
Beach, thanked Director Knight for her leadership, and Mayor Peterson for the recognition.
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:
Consent Calendar Item No. 8 (19-673), Inter-Department Memo from Robin Estanislau, City Clerk,
submitting corrections to the City Council draft Minutes dated May 20, 2019.
Council/PFA Regular Minutes
June 17, 2019
Page 4 of 10
PUBLIC COMMENTS (3 Minute Time Limit) — 12 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.
Claudia Perez, Senior Field Representative for Assemblywoman Cottie Petrie-Norris, was called to
speak and announced that Assemblywoman Petrie-Norris has spoken to both the Department of Toxic
Substances Control (DTSC) and the California Environmental Protection Agency regarding clean up at
the Ascon site, and will be communicating with these agencies weekly to address residents’ concerns.
(00:37:56)
Amber was called to speak, and asked that the School Board and Edison Principal be notified of the
potential health risks from the Ascon clean-up so that they may in turn inform the parents of students.
(00:39:00)
Sharon Messick, HB Landfill Awareness, was called to speak and shared her confusion and
disappointment with what appears to her as the City Council’s lack of concern for the impact on residents
regarding the Ascon landfill remediation project. (00:41:22)
Nancy Buchoz was called to speak and expressed her concerns about the Tank Farm project, and asked
that the Tank Farm Environmental Impact Report (EIR) be re-evaluated in light of the issues that have
surfaced related to the Ascon landfill remediation project. (00:44:30)
Kathryn Levassiur, a resident of Huntington Beach and Huntington Beach Short-Term Rental Alliance
Founding Member, was called to speak and shared statistics to support her position that the City should
be collecting Transient Occupancy Tax (TOT) revenues on short-term rentals operating within the City.
(00:46:50)
Ryan Messick was called to speak and expressed his concerns about the Ascon landfill project and the
negative health effects experienced by family members. (00:49:01)
Tara Barton was called to speak and expressed her concerns regarding the Ascon landfill project and the
negative effects experienced by residents. (00:52:15)
Mariya Skoblov-Sheldon was called to speak and expressed her concerns regarding the Ascon landfill
project and the negative effects experienced by residents. (00:55:38)
David Geddes, a resident of southeast Huntington Beach, was called to speak and shared his opinions
regarding area housing developments, and encouraged everyone to clean up their own trash. (00:57:56)
Tony Bisson was called to speak and expressed his concerns regarding the Ascon landfill project, and
described his efforts to save a decades old neighborhood tree from being unnecessarily destroyed by the
LeBard Park Residential Subdivision on Craimer Lane. (01:00:00)
Ryan Reza Farsai was called to speak and shared his opinions on various issues. (01:03:00)
Chrissy Gonzales was called to speak and expressed her concerns regarding the Ascon landfill project
and described personal health issues that she believes are the result of living in close proximity to that
land. (01:06:01)
Council/PFA Regular Minutes
June 17, 2019
Page 5 of 10
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Mayor Pro Tem Semeta reported attending the Southern California Association of Government (SCAG)
Community Economic and Human Development Policy Committee and Regional Council meetings
where Regional Housing Needs Assessment (RHNA) numbers were discussed.
Councilmember Posey reported attending the Southern California Association of Government (SCAG)
Community Economic and Human Development Policy Committee meeting, chairing a meeting of the
Orange County Parks Commission, attending a Building Industry Association (BIA) Urban Infill Seminar,
and announced that the Southern California Association of Government (SCAG) Regional Housing
Needs Assessment (RHNA) Subcommittee will meet on Monday, July 1.
Councilmember Carr reported attending a Specific Events meeting to discuss the Surf City 10K Sundown
Race which will be held on Saturday, September 21, starting at 6:30 p.m.
Councilmember Delgleize reported that she and Councilmember Brenden met with the Director of the
Long Beach Airport related to airport noise issues.
CITY MANAGER’S REPORT
Mayor Peterson introduced newly appointed Interim City Manager Dave Kiff. Manager Kiff expressed his
appreciation for the support he has received from Council and members of the Executive Team, and
acknowledged Travis Hopkins for serving as Interim Assistant City Manager, and Chuck Adams for
serving as Interim Chief Financial Officer (CFO). Manager Kiff also acknowledged public speaker
comments on the Ascon Project and stated that the City will be monitoring progress and providing details
to the community.
CONSENT CALENDAR
8. 19-673 Approved and Adopted Minutes
A motion was made by Posey, second Delgleize to approve and adopt the City Council/Public Financing
Authority regular meeting minutes dated May 20, 2019, as amended by supplemental
communication; and, approve and adopt the City Council/Public Financing Authority regular meeting
and the Housing Authority special meeting minutes dated June 3, 2019.
The motion as amended carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Brenden
9. 19-646 Approved appointments and reappointments to the Huntington Beach Youth Board
with terms to expire May 31, 2020 as recommended by Councilmember liaisons
Hardy and Carr
Council/PFA Regular Minutes
June 17, 2019
Page 6 of 10
A motion was made by Posey, second Delgleize to, as recommended by City Council Member liaisons
Hardy and Carr, approve the appointment of the following students to a one-year term on the Huntington
Beach Youth Board with terms to expire May 31, 2020:
Jenna Ali - Huntington Beach High School, At-Large Member
Bella Brannon - Ocean View High School, At-Large Member
Andre Mai - Huntington Beach High School, At-Large Member
Kathryn Robinson - Marina High School, At-Large Member
Caitlin Sheetz - Edison High School, At-Large Member
As recommended by City Council Member liaisons Hardy and Carr, approve the reappointment of the
following students to a one-year term on the Huntington Beach Youth Board with terms to expire May 31,
2020:
Natalie Blazquez - Ocean View High School, Representative
Samuel Dater - Edison High School, Representative
Tatum Osborne - Marina High School, Representative
Amy Zang - Huntington High School, Representative
The motion carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT Brenden
10. 19-628 Accepted the Sewer Service Fund Performance Audit for Fiscal Year 2018-19
A motion was made by Posey, second Delgleize to accept the Sewer Service Fund Performance Audit
for Fiscal Year 2018-19.
The motion carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Brenden
11. 19-431 Accepted Bond Reductions for Shea Homes’ Parkside Estates Development Project
A motion was made by Posey, second Delgleize to authorize the Mayor to acknowledge and accept the
Coverage Riders for the Faithful Performance and Labor and Material Bond Nos. 0195156, 0195157,
0195158, 0195159, 0195160, 0195161, 0195162, and 0195163, and instruct the City Clerk to file the
riders with the City Treasurer; and, instruct the City Treasurer to notify the surety, Berkeley Insurance
Company, of this action.
The motion carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Brenden
Council/PFA Regular Minutes
June 17, 2019
Page 7 of 10
12. 19-551 Approved and authorized execution of Contract Amendment No. 2 with Rosenow,
Spevacek Group, Inc. (RSG) adding additional compensation of $30,000 and
extending the term to December 30, 2019 for Affordable Housing Compliance
Monitoring of HOME Projects
A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to
execute "Amendment No. 2 to Professional Services Contract between the City of Huntington Beach and
Rosenow Spevacek Group, Inc., for Affordable Housing Compliant Monitoring" to December 30, 2019 in
the amount not-to-exceed $30,000.
The motion carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Brenden
13. 19-636 Approved and authorized execution of a License Agreement with Southern
California Edison (SCE) for Traffic Signal Equipment on Center Avenue at Bella
Terra
A motion was made by Posey, second Delgleize to approve the "License Agreement" with Southern
California Edison for use of the portion of their property located at the eastern driveway of Bella Terra
and Center Avenue for the location, operation and maintenance of traffic signal equipment; and,
authorize the Mayor and City Clerk to execute any and all documents to conclude this transaction.
The motion carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Brenden
14. 19-645 Adopted Resolution No. 2019-29 concerning the status and update of the City’s
Circulation Element and Mitigation Fee Program for the Measure M2 Program
A motion was made by Posey, second Delgleize to adopt Resolution No. 2019-29, "A Resolution of the
City Council of the City of Huntington Beach Concerning the Status and Update of the Circulation
Element and Mitigation Fee Program for the Measure M (M2) Program."
The motion carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Brenden
15. 19-690 Adopted Resolution No. 2019-43 appointing Charles Adams as Interim Chief
Financial Officer and approving the Employment Agreement
Council/PFA Regular Minutes
June 17, 2019
Page 8 of 10
A motion was made by Posey, second Delgleize to adopt Resolution No. 2019-43, "A Resolution of the
City Council of the City of Huntington Beach Appointing Charles Adams as Interim Chief Financial
Officer;" and, approve and authorize the City Manager to execute the "Employment Agreement Between
the City of Huntington Beach and Charles Adams."
The motion carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Brenden
16. 19-691 Adopted Resolution No. 2019-44 appointing David Kiff as Interim City Manager and
approving the Employment Agreement
A motion was made by Posey, second Delgleize to adopt Resolution No. 2019-44, "A Resolution of the
City Council of the City of Huntington Beach Appointing David Kiff as Interim City Manager;" and,
approve and authorize the Mayor to execute the "Employment Agreement Between the City of
Huntington Beach and David Kiff."
The motion carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Brenden
PUBLIC HEARING
17. 19-661 Public Hearing held -- Adopted Resolution No. 2019-42 establishing the Gann
Appropriation Limit for Fiscal Year 2019/20
Interim City Manager David Kiff introduced this item.
Mayor Peterson opened the Public Hearing.
City Clerk Robin Estanislau announced that no one had signed up to speak, and supplemental
communication was received, a PowerPoint communication submitted by Carol Molina-Espinosa, Interim
Chief Financial Officer (CFO), entitled Gann Appropriate Limit 2019/2020.
There being no public speakers, Mayor Peterson closed the Public Hearing.
A motion was made by Delgleize, second Posey to adopt Resolution No. 2019-42, "A Resolution of the
City Council of the City of Huntington Beach Establishing the Gann Appropriation Limit for Fiscal Year
2019/20" of $964,662,284.
The motion carried by the following vote:
AYES: Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Brenden
Council/PFA Regular Minutes
June 17, 2019
Page 9 of 10
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Carr reported attending the Opening Ceremony for the Third Annual Operation Surf, the
Coastal Commission and City of Huntington Beach Open House Discussion on Sunset Beach Specific
Plan Update, Huntington Beach Police Department Promotional Swearing-in Ceremony, Homeless
Solutions monthly meeting, Public Workshop on the Ascon Landfill Site Project Milestones and Next
Steps, making a Business Visit to Surf Cafea, attending the Huntington Beach Fire Academy Graduation
Ceremony, Scholarship Awards Ceremony for recent graduates of Project Self Sufficiency, and
announced a Homeless 101 presentation on July 20, 5:30 — 7:30 p.m. at St. Wilfrid Episcopal Church.
Councilmember Delgleize reported attending the Third Annual Operation Surf, Ribbon Cutting and Grand
Opening of a 7-Eleven Store on Edinger Avenue, Largest Gathering of People Dressed as a Fruit or
Vegetable for Miracles for Kids!, Waymakers Huntington Beach Youth Shelter 13th Anniversary Open
House and Reception, Huntington Beach Fire Academy Graduation Ceremony, and announced a
Homeless 101 Presentation on July 20, 5:30 — 7:30 p.m. at St. Wilfrid Episcopal Church.
Councilmember Posey reported attending Waymakers Huntington Beach Youth Shelter 13th Anniversary
Open House and Reception, Huntington Beach Fire Academy Graduation Ceremony, and announced a
Public Safety Summit hosted by Assemblyman Tyler Diep and Supervisor Michelle Steel and the City of
Huntington Beach on Saturday, June 29, 10 am to 12 noon, at the Senior Center at Central Park.
Mayor Pro Tem Semeta reported attending the Waymakers Huntington Beach Youth Shelter 13th
Anniversary Open House and Reception, Business Roundtable for Downtown Property Owners,
Association of California Cities — Orange County (ACC-OC) Local Government Finance Committee
meeting, Communications Committee meeting, Huntington Beach High School Graduation Ceremony,
providing City Remarks at the Huntington Beach Fire Academy Graduation Ceremony, attending a
documentary by Matt Liffreing entitled Art of the Pier, and announced a Pension Obligation Seminar,
which is open to the public, in Irvine at the Portola Springs Community Center, June 20 from 9 - 11 a.m.
Councilmember Hardy reported attending the Public Workshop on the Ascon Landfill Project Milestones
and Next Steps and thanked the public for speaking out on this issue, Waymakers Huntington Beach
Youth Shelter 13th Anniversary Open House and Reception, and Councilmember Hardy acknowledged
and congratulated the new Youth Board appointees. Councilmember Hardy also provided a brief report
on the recent activities of the Huntington Beach City School District 7-11 Committee related to plans for
elementary schools within the District.
Mayor Peterson reported attending the Third Annual Operation Surf, Coastal Commission and City of
Huntington Beach Open House Discussion on Sunset Beach Specific Plan Update, Public Workshop on
the Ascon Landfill Site Project Milestones and Next Steps, speaking at the First Samoan Congregational
Christian Church 50th Anniversary Celebration Service, attending the Adult School Graduation
Ceremony, and Eagle Court for Nick Dumesnil, Luke Fowler and Kevin Lassig of Troop 492.
ADJOURNMENT — 7:12 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, July 1, 2019, at 4:00 PM in the Civic Center Council
Chambers, 2000 Main Street, Huntington Beach, California.
Council/PFA Regular Minutes
June 17, 2019
Page 10 of 10
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
Minutes
City Council Special Meeting
City of Huntington Beach
Saturday, June 29, 2019
8:00 AM – PASEA Hotel and Spa
Emerald Cove Room
21080 Pacific Coast Highway
Huntington Beach, California 92648
At 8:00 AM, a light Continental Breakfast was made available.
8:00 AM — PASEA Hotel and Spa, Emerald Cove Room
SPECIAL MEETING CALLED TO ORDER — 8:00 AM
ROLL CALL
Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy
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: For Closed
Session Item No. 1 (19-732), an email communication received by Phil Burtis.
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM(S) (3 Minute Time Limit) — None.
RECESSED TO CLOSED SESSION
At 8:02 AM, Council moved by acclamation to recess to Closed Session Item No. 1.
CLOSED SESSION
1. 19-732 Pursuant to Government Code Section 54957(b)(1), the City Council recessed to
Closed Session to discuss the following personnel matter: Public Employment - City
Manager Interviews.
Candidate interviews were conducted between 9:00 AM and 4:00 PM, with a lunch break at
noon, and an anticipated adjournment time of 5:00 PM.
RECONVENED AND ADJOURNED – 4:34 PM
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority
is Monday, July 1, 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
Council Special Meeting Minutes
June 29, 2019
Page 2 of 2
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
ATTEST:
______________________________________
City Clerk
______________________________________
Mayor
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, July 1, 2019
4:00 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
4:00 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 4:00 PM
ROLL CALL
Pursuant to Resolution No. 2001-54, Mayor Peterson requested and was granted permission to be
absent.
Present: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
Absent: Peterson
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 Item No. 1 (19-678)
1) A PowerPoint communication was received from Robert Handy, Chief of Police, entitled Parking and
Street Sweeping Enforcement;
2) MyHB communication received from Shelly Amsden, Huntington Beach resident regarding a
Huntington Beach Police Department Parking Control Officer
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit) — None
STUDY SESSION
1. 19-678 Police Department Presentation on Parking and Street Sweeping
Chief of Police Robert Handy and Police Lieutenant David Dereszynski presented a PowerPoint
communication titled Parking and Street Sweeping Enforcement with slides entitled: HBPD Street
Sweeping, Street Sweeping Contract Proposal, Street Sweeping Basics, Current and Proposed Staffing,
Council/PFA Regular Minutes
July 1, 2019
Page 2 of 12
Current Status/Efforts, Contractor Scope of Work, Outsourcing, Potential Pros and Cons, and Next
Steps.
Councilmember Posey and Chief Handy discussed some of the considerations necessary to implement
smart parking apps, which is not a part of the plan under consideration.
Councilmember Carr, Chief Handy and Lieutenant Dereszynski discussed options for clearly identifying
contract parking enforcement staff, and some criteria to determine the success of the program.
Councilmember Hardy, Chief Handy and Lieutenant Dereszynski discussed the importance of expecting
the same high level of customer service and flexibility from a contractor that residents cu rrently
experience with City staff.
Councilmember Brenden and Chief Handy reviewed the current staffing process, and current estimates
of projected annual savings.
Councilmember Delgleize and Chief Handy discussed staffing possibilities.
Mayor Pro Tem Semeta stated Council support for proceeding, and Chief Handy responded that there
would be a more detailed follow-up report with a Request for Proposal (RFP) later in the summer.
RECESSED TO CLOSED SESSION — 4:34 PM
A motion by Brenden, second by Posey to recess to Closed Session for Items 3 – 14. With no objections
the motion passed.
CLOSED SESSION ANNOUNCEMENT(S)
2. 19-751 Mayor Pro Tem Semeta announced: Pursuant to Government Code § 54957.6, the
City Council shall recess into Closed Session to meet w ith its designated labor
negotiator: David Kiff, Interim City Manager; also in attendance: Robert Handy,
Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren,
Director of Human Resources regarding the following: Police Management
Association (PMA).
CLOSED SESSION
3. 19-700 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, two (2).
4. 19-733 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Moore (Neal), et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-
01071686.
5. 19-734 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Council/PFA Regular Minutes
July 1, 2019
Page 3 of 12
City of Huntington Beach v. The Estate of Anne L. Hunt, Michael Melchiorre, et al.;
OCSC Case No. 30-2019-01072448.
6. 19-735 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
City of Huntington Beach v. City of Fountain Valley, et al. (PCTA); OCSC Case No.
30-2019-01071652.
7. 19-736 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Kennedy Commission, et al. v. City of Huntington Beach (Beach-Edinger Corridor);
OCSC Case No 30-2015-00801675.
8. 19-737 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Tabares (Tiffany) v. City of Huntington Beach and Eric Esparza; USDC Case No.:
8:18-cv-00821 JLS (JDEx).
9. 19-738 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Duran (Anthony) v. City of Huntington Beach, et al.; USDC Case No.: 8:18-cv-00659
JVS (DFMx).
10. 19-739 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Murnane (Richard) v. City of Huntington Beach, et al.; Workers’ Compensation
Claim No. COHB 15-0268.
11. 19-740 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Jackson (Ronald) v. City of Huntington Beach, et al.; Workers’ Compensation Claim
No. COHB 18-0059.
12. 19-748 Pursuant to Government Code § 54957.6, the City Council recessed into Closed
Session to meet with its designated labor negotiator: David Kiff, Interim City
Manager; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim
Chief Financial Officer; and Michele Warren, Director of Human Resources
regarding the following: Police Management Association (PMA).
13. 19-749 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
AKM Consulting Engineers, Inc. v. City of Huntington Beach; OCSC Case No.: 30-
2017-00902740.
14. 19-754 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit: In
Re: National Prescription Opiate Litigation; USDC - Ohio Case No. 1:17-md-02804-
DAP.
Council/PFA Regular Minutes
July 1, 2019
Page 4 of 12
6:00 PM — COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:30 PM
ROLL CALL
Pursuant to Resolution No. 2001-54, Mayor Peterson requested and was granted permission to be
absent.
Present: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
Absent: Peterson
PLEDGE OF ALLEGIANCE — Led by Councilmember Posey
INVOCATION
15. 19-640 Mark Currie of the Greater Huntington Beach Interfaith Council
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
CLOSED SESSION REPORT BY CITY ATTORNEY — None
AWARDS AND PRESENTATIONS
16. 19-689 Mayor Pro Tem Semeta called on Retired Army General Larry Davis of Huntington
Beach and President of the Aerospace Education Foundation of Huntington Beach
for the presentation of three scholarships to young people who will begin their
STEM careers this fall.
Retired Army General Larry Davis presented a PowerPoint communication with pages entitled The
Aerospace Education Foundation, Recent Steps to Develop Student Interest in Aerospace Careers, Lt.
Gen. George Muellner Scholarships, Lt. Gen. George Muellner Scholarship - Michael Nally, Lt. Gen.
George Muellner Scholarship - Louis Nguyen, and Lt. Gen. George Muellner Scholarship - Anh Stacy
Phan. Each scholarship recipient was present to accept their scholarship award.
17. 19-721 Mayor Pro Tem Semeta called on Mr. Lloyd Glick, who was part of the American
forces liberating Guam in World War II, and will be a guest of honor at the
upcoming 75th Guam Liberation festivities.
Councilmember Brenden introduced Mr. Glick who briefly described his time of service during WWII.
AN NOUNCEMENT 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:
Administrative Items
Item No. 26 (19-744)
Council/PFA Regular Minutes
July 1, 2019
Page 5 of 12
1) Professional Services Contract between the City of Huntington Beach and Landrum & Brown for
Aircraft Glide Slope Analysis; and
2) A PowerPoint communication received from Travis Hopkins, Interim Assistant City Manager, entitled
Glide Slope Analysis.
PUBLIC COMMENTS (3 Minute Time Limit)
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.
Claudia Perez-Figueroa, 74th District Senior Field Representative for Assemblywoman Cottie Petrie-
Norris, was called to speak and shared announcements relating to the State Budget recently passed
by Governor Newsom, and closure of the Ascon cleanup site until all health and safety concerns
have been addressed, and the Department of Toxic Substances Control (DTSC) determines it is
safe to reopen. (02:01:53)
Eric Richmond Massey, a resident of Huntington Beach, was called to speak and shared his opinion
regarding personal experiences with various members of the communities he has lived in. (02:03:56)
Trina Bilich was called to speak and stated her concerns regarding the Ascon remediation site and
potential exposure to toxic elements. (02:07:07)
Tom Bilich was called to speak and stated his disappointment that the Ascon remediation site situation is
not on the Agenda, and asked that Council be more transparent with the community on this issue.
(02:10:15)
Sharon Messick was called to speak and stated her concerns regarding the Ascon remediation site and
potential exposure to toxic elements. (02:12:00)
Peter DeMeyer, a resident of Huntington Beach, was called to speak and stated his concerns regarding
local commercial jet noise and air pollution issues due to the Federal Aviation Administration (FAA) Next
Gen program. (02:15:23)
David Porter, Huntington Beach Jet Noise Commissioner, was called to speak and stated his support for
Administrative Items No. 26 (19-744) regarding the development of a Glide Slope Analysis. (02:17:37)
Robyn Sladek, a 48-year resident of Huntington Beach, was called to speak and stated her concerns
regarding the Ascon remediation site and potential exposure to toxic elements. (02:20:54)
Mariya Sheldon was called to speak and stated her concerns regarding the Ascon remediation site and
potential exposure to toxic elements. (02:23:02)
Jami Marseilles, 26-year resident of Huntington Beach, was called to speak and stated her concerns
regarding the Ascon remediation site and potential exposure to toxic elements. (02:25:48)
Kathryn Levassiur, a resident of Huntington Beach, was called to speak and shared statistics to support
her position that the City should be collecting Transient Occupancy Tax (TOT) revenues on short-term
vacation rentals operating within the City. (02:29:45)
Council/PFA Regular Minutes
July 1, 2019
Page 6 of 12
Tim Geddes, a 30+ year resident of southwest Huntington Beach, was called to speak and stated his
concerns regarding the Ascon remediation site and potential exposure to toxic elements. (02:31:54)
Eva Weisz, a resident of Huntington Beach, was called to speak and stated her support for
Administrative Items No. 26 (19-744) regarding the development of a Glide Slope Analysis. (02:33:56)
Ann Palmer, a resident of Huntington Beach, was called to speak and shared resources that describe the
health and noise issues related to living under jet paths and asked the City Council to take action to
remediate the situation in Huntington Beach. (02:36:29)
Ellen Jacobs, a resident of Huntington Beach, was called to speak and stated her support for
Administrative Items No. 26 (19-744) regarding the development of a Glide Slope Analysis. (02:39:08)
Andrea Pace, a 30+ year resident of Huntington Beach, was called to speak and shared her concerns
about the noise and air pollution issues related to living under jet paths and asked the City Council to
take action to remediate the situation in Huntington Beach. (02:39:47)
Ryan R. Farsai, a Huntington Beach business owner, was called to speak and shared his opinions on
various issues. (02:42:33)
Rich Fancher, a 29-year resident of south Huntington Beach, was called to speak and stated his
concerns regarding the noise and air pollution issues related to living under jet paths, and the Ascon
remediation site and potential exposure to toxic elements. (02:45:40)
Amber was called to speak and stated concerns regarding the Ascon remediation site and potential
exposure to toxic elements. (02:48:58)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Posey reported he was appointed as Chair of the newly formed Association of California
Cities — Orange County (ACC—OC) Housing Ad Hoc Committee and read the mission statement for the
Committee. At the end of this City Council meeting Councilmember Posey reported attending a meeting
of the Vector Control Board and reminded everyone to eliminate any standing water as the best way to
reduce the local mosquito population.
Councilmember Delgleize reported attending an Orange County Transit Authority (OCTA) Highways and
Planning meeting where details were discussed regarding the Angels Express, Kids Ride Free
campaign, and Orange County Fair Express routes.
Councilmember Carr reported attending the League of California Cities Conference to discuss municipal
best practices, a Business of Local Energy symposium to discuss how local governments are addressing
local energy needs, a meeting of the Allied Arts Board, and a meeting of the Oak View Task Force.
CITY MANAGER’S REPORT
In response to concerns shared by public speakers regarding the Ascon project, Manager Kiff explained
that the City continues to monitor mitigation efforts by the Department of Toxic Substance Control
Council/PFA Regular Minutes
July 1, 2019
Page 7 of 12
(DTSC), and will update as needed information included on the City's Ascon project webpage located at
https://huntingtonbeachca.gov/residents/ascon/.
Manager Kiff discussed planned activities in celebration of the July 4th holiday including the 115th
annual parade with fireworks and festival, the BASH event to be held at 5th and PCH on July 3rd from
6:00 to 9:00 PM, and pancake breakfast and 5-K walk/run on July 4th.
Police Chief Handy displayed an informational slide that provided contact information for members of the
public who wish to report illegal fireworks (non-emergency). Chief Handy reiterated that emergencies
should absolutely be reported by calling 911, and identified alternative reporting methods for non-
emergency situations during the holiday weekend, including Facebook and the MyHB app.
CITY ATTORNEY’S REPORT
18. 19-716 City Attorney announced filing of the following lawsuit: City of Huntington Beach v.
The Estate of Anne L. Hunt, Michael Melchiorre, et al.; Superior Court Case No.: 30-
2019-01072448-CU-OR-CJC; regarding the Property Address: 5892 Nugget Circle,
Huntington Beach, California, 92647; for Nuisance Per Se and Receivership Action
under Health & Safety Code § 17980.7
CONSENT CALENDAR
Councilmember Posey pulled Consent Calendar Item No. 24 (19-703), regarding the Small Cell License
Agreement, for further discussion.
19. 19-720 Received and filed City Clerk’s quarterly listing of professional services contracts
filed in the City Clerk’s office between October 1, 2018 and March 31, 2019
A motion was made by Brenden, second Posey to receive and file the "List of Professional Services
Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the
Period of October 1, 2018 through December 31, 2018;" and, receive and file the "List of Professional
Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During
the Period of January 1, 2019 through March 31, 2019."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
20. 19-722 Adopted Resolution No. 2019-45 designating the Interim Assistant City Manager,
the City Treasurer, the Finance Manager-Accounting Services, the Finance
Manager-Budget, and the Finance Manager-Treasury as persons authorized to
execute financial transactions in the name of the City of Huntington Beach
A motion was made by Brenden, second Posey to adopt Resolution No. 2019-45, "A Resolution of the
City Council of the City of Huntington Beach Authorizing the Manual and/or Facsimile Signatures of the
Interim Assistant City Manager, the City Treasurer, the Finance Manager-Budget, the Finance Manager-
Council/PFA Regular Minutes
July 1, 2019
Page 8 of 12
Accounting Services, and the Finance Manager-Treasury as Persons Authorized to Execute Financial
Transactions in the Name of the City of Huntington Beach."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
21. 19-616 Approved Final Tract Map No. 18105 and Subdivision Agreement for the Holly
Townhomes Residential Subdivision by Meritage Homes at 19200 Holly Lane
A motion was made by Brenden, second Posey to approve Final Tract Map No. 18105 and accept the
offer of easements pursuant to findings and requirements (Attachment No. 1); and, approve and
authorize the Mayor and City Clerk to execute the "Subdivision Agreement By and Between the City of
Huntington Beach and Meritage Homes for Tract No. 18105" (Attachment No. 6); and, accept Faithful
Performance Bond No. SU1148545, Labor and Material Bond No. SU1148545 and Monument Bond No.
SU1148546 as sureties for the installation of the subdivision's required public improvements and survey
monumentation (Attachment No. 7); and, instruct the City Clerk to file the respective bonds with the City
Treasurer and notify the Surety, Arch Insurance Company of this action.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
22. 19-618 Approved Final Tract Map No. 18106 and Subdivision Agreement for the Gothard
Townhomes Subdivision by Meritage Homes at 19100 Gothard Street
A motion was made by Brenden, second Posey to approve Final Tract Map No. 18106 and accept the
offer of easements pursuant to findings and requirements (Attachment No. 1); and, approve and
authorize the Mayor and City Clerk to execute the "Subdivision Agreement By and Between the City of
Huntington Beach and Meritage Homes for Tract No. 18106"(Attachment No. 6); and, accept Faithful
Performance Bond No. SU1148547, Labor and Material Bond No. SU1148547 and Monument Bond No.
SU1148548 as sureties for the installation of the subdivision's required public improvements and survey
monumentation (Attachment No. 7); and, instruct the City Clerk to file the respective bonds with the City
Treasurer and notify the Surety, Arch Insurance Company of this action.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
23. 19-680 Adopted a 7-year Capital Improvement Program for the fiscal years 2019/2020
through 2025/2026 for compliance with renewed Measure M eligibility requirements
Council/PFA Regular Minutes
July 1, 2019
Page 9 of 12
A motion was made by Brenden, second Posey to adopt the 7-year Capital Improvement Program (FY
2019/2020 through 2025/2026) included as Attachment #1 for compliance with renewed Measure M
eligibility requirements.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
24. 19-703 Approved and authorized the Second Amendment to the Small Cell License
Agreement between the City and new Cingular Wireless PCS, LLC, dba, AT&T
Mobility on City-owned street lights; and, authorized the City Manager to increase
up to ten percent and substitute pole locations on an as-needed basis
Councilmember Delgleize confirmed with Deputy Director of Economic Development Kellee Fritzal that
there are three different agreements and they discussed how Huntington Beach rates compare to other
area cities.
Councilmember Posey explained that the Small Cell License Agreement (monetizing vertical real estate)
would not be possible if the City had not purchased the light poles several years ago.
A motion was made by Delgleize, second Posey to approve the "Second Amendment to the Small Cell
License Agreement" between the City of Huntington Beach and new Cingular Wireless PCS, LLC, doing
business as AT&T Mobility; and, approve and authorize the City Manager to execute the Second
Amendment on behalf of the City; and, authorize City Manager to increase up to 10% and substitute pole
locations on an as needed basis.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
25. 19-705 Approved and authorized execution of a Caltrans Maintenance Agreement for
Wayfinding Sign Installations on Pacific Coast Highway and Beach Boulevard
A motion was made by Brenden, second Posey to approve and authorize the Mayor and Interim City
Manager to execute the "Project Specific Maintenance Agreement for Wayfinding/Guide Signs in the City
of Huntington Beach" with Caltrans for wayfinding sign installations on Pacific Coast Highway and Beach
Boulevard.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
ADMINISTRATIVE ITEMS
Council/PFA Regular Minutes
July 1, 2019
Page 10 of 12
26. 19-744 Authorized the City Manager and the City Attorney to execute a Professional
Services Agreement for Services related to the Development of a Glide Slope
Analysis
Interim City Manager David Kiff introduced Assistant to the City Manager, Antonia Graham who
presented a PowerPoint communication entitled Glide Slope Analysis with slides titled: Background(2),
What is a Glide Slope Analysis?, LGB Optimal Aircraft Altitude Heights, Scope of Work, and Questions?
Councilmember Carr and a Landrum Brown staff member discussed that this will be a tangible report
which Long Beach Airport can take to the FAA to request flight changes, and if the glide slope is
implemented it should result in aircraft using less power, burning less fuel and creating less pollution, but
the pollution issue is not a part of the glide slope study.
Mayor Pro Tem Semeta and a Landrum Brown staff member discussed that Seattle has successfully
worked with the FAA to maintain their glide slopes, but there are no reports of changed glide slopes
within the U. S.
Councilmember Hardy and a Landrum Brown staff member discussed that not many communities have
prepared a professional glide slope analysis, and confirmed with Assistant to the City Manager Antonia
Graham that studies like this are funded from the City Manager's Professional Services fund.
Councilmember Brenden explained that it is virtually impossible to sue the Federal Aviation
Administration (FAA), and with the research of the Jet Noise Working Group and subsequent Jet Noise
Commission, Huntington Beach has elected to take a collaborative approach. Councilmember Brenden
stated the FAA has indicated flights should be at or above the 1,600 foot parameter over Huntington
Beach, and the glide slope analysis will provide data showing that flight paths over the area of
Huntington Beach closest to Long Beach Airport should actually be at 2,200 feet with a three percent
glide slope. Councilmember Brenden explained a couple of positive results if the FAA agrees with the
report.
Councilmember Delgleize concurred with Councilmember Brenden's statements, explained the lengthy
process of fact gathering, and expressed appreciation for collaboration from all parties that have been
involved.
Councilmember Brenden asked Interim City Manager Kiff, former Newport Beach City Manager, to
describe some of the costs that Newport Beach has paid to address the same issues, and Interim
Manager Kiff expressed his opinion that the City of Huntington Beach approach is very positive and
money well spent.
Councilmember Posey asked why airlines don't use a glide slope voluntarily if it in fact saves fuel and
decreases pollution. Councilmember Delgleize explained that to the best of her understanding, with a
visual approach the pilots set one instrument and the process is pretty much automated, but when using
the glide slope there are many more steps involved.
Councilmember Brenden explained that most municipalities having the same issues are asking the FAA
to solve the problem, whereas Huntington Beach is taking the stance of offering a technical proposal
expecting that the FAA will be receptive as they stated they would be last year when he made a visit to
them in Washington D.C. to discuss the issues.
Council/PFA Regular Minutes
July 1, 2019
Page 11 of 12
A motion was made by Brenden, second Delgleize to authorize the City Manager, with approval as to
form by the City Attorney, to execute a Professional Services Agreement for services related to the
development of a glide slope analysis.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
COUNCILMEMBER ITEMS
27. 19-756 Item Submitted by Councilmember Posey Approved — Request for Detailed Study
Session on the City’s Unfunded Capital Project List
Councilmember Posey introduced this item by briefly describing the budget review process and stated he
supports Councilmember Carr’s suggestion to ask Public Works to provide an overview and prioritized
list of the Unfunded Capital Projects including remaining life, and return with a Study Session to review
details that will greatly assist the Council for upcoming budget cycles.
Mayor Pro Tem Semeta stated her support for taking a deeper dive into the budget process.
Councilmember Carr stated her support for more budget details.
A motion was made by Posey, second Delgleize to direct the City Manager via the Public Works Director
and City Engineer to conduct an in-depth Study Session within 90 days on the unfunded capital projects
that have been identified by the Public Works Department. This Study Session should include a
breakdown of the projects as identified through a comprehensive analysis by the Public Works
Department through Master Plans and other planning documents (e.g. Sewer Master Plan, Water Master
Plan, Facility Needs Assessment, etc.). This should include the Police Department's facility needs as
well.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Posey invited the community to the July 4th festivities, and reported attending the Bolsa
Chica Conservancy Barefoot Ball.
Councilmember Carr thanked everyone who attended the Homeless 101 Community Meeting, reported
attending the Bolsa Chica Conservancy Barefoot Ball, and the Oakmont Senior Living Community Grand
Opening.
Council/PFA Regular Minutes
July 1, 2019
Page 12 of 12
Councilmember Brenden thanked the people who shared their concerns regarding the Ascon
remediation project, and assured them that every Councilmember is concerned, listening to them and
committed to finding a solution. Councilmember Brenden also expressed appreciation for the community
support for the Glide Slope Analysis project, and thanked the Jet Noise Commission members and the
members of the Jet Noise Working Group for their efforts in reaching this point.
Mayor Pro Tem Semeta reported she was part of an Association of California Cities — Orange County
(ACC—OC) panel on pension issues, and attended the Bolsa Chica Conservancy Barefoot Ball where
she provided the commendation to the Long Beach Port Authority as the Conservator of the Year. Mayor
Pro Tem Semeta also reminded anyone concerned about the Ascon remediation project to check out the
City's Ascon project webpage located at https://huntingtonbeachca.gov/residents/ascon/ for the most up-
to-date information.
ADJOURNMENT — at 8:30 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, July 15, 2019, 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
City of Huntington Beach
File #:19-750 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Approve the June 2019 City of Huntington Beach Strategic Plan Update
Statement of Issue:
The City Council held a Strategic Planning Retreat on February 7, 2019, in which the City Council
developed 20 Strategic Objectives based on four (4) Strategic Plan Goals. The Strategic Objectives
were reviewed in a public meeting and through consensus by the City Council Members present,
were compiled into a draft Strategic Objectives Grid. The Strategic Objectives were brought forth to
City Council for approval on March 4, 2019.
Financial Impact:
Not applicable. Individual Strategic Objectives which have a budgetary impact will be considered
separately.
Recommended Action:
Approve the June 2019 Strategic Objectives Update as contained within Attachment 1.
Alternative Action(s):
Amend or reject the Strategic Objectives Update and direct staff accordingly.
Analysis:
In 2009, the City Council began an annual strategic planning process to develop consensus on a
Mission Statement, Three-Year Goals, and corresponding Priority Strategic Objectives. This process
is ongoing and is a critical component of maintaining the City in a fiscally sustainable manner. In
fulfilling this process, the City Council met on February 7, 2019, to review and update the Three-Year
Goals and their Priority Strategic Objectives.
The Three-Year Goals are organized into five categories as follows:
-Enhance and Maintain High Quality City Services
-Enhance and Maintain the Infrastructure
-Strengthen Long-Term Financial and Economic Sustainability
-Enhance and Modernize Public Safety Service Delivery
City of Huntington Beach Printed on 7/10/2019Page 1 of 2
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File #:19-750 MEETING DATE:7/15/2019
Each of these categories includes a list of Six-Month Strategic Objectives. The Strategic Objectives
contained in the matrix all gained consensus at the Strategic Planning Retreat. Additionally, the
Strategic Objectives were brought forth to City Council on March 4, 2019, where they were approved
in their entirety. The attached Strategic Objectives Matrix contains a status and comments column
that are updated to reflect the most recent activity on each item that was identified at the Council
Strategic Planning Session. The status is reported to Council monthly.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Enhance and maintain the infrastructure
Strengthen long-term financial and economic sustainability
Enhance and modernize public safety service delivery
Attachment(s):
1.City of Huntington Beach Strategic Objectives -June 2019 Update
City of Huntington Beach Printed on 7/10/2019Page 2 of 2
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A
CITY OF HUNTINGTON BEACH
12-MONTH STRATEGIC OBJECTIVES
February 7, 2019 – February 1, 2020
May 2019 Update
THREE-YEAR GOAL:Enhance and maintain high quality City services
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By May July
August 15, 2019
Economic
Development Deputy
Director and Police
Chief
Present to the City Council for action an updated plan for
addressing homelessness and report the results to the City
Council.X
Staff is currently updating
the Plan to Address
Homelessness, including
community input for future
City Council consideration
and implementation.
2.
By July 1, 2019
October 15, 2019
Economic
Development Deputy
Director working with
the Chief Financial
Officer
Develop and present to the City Council for consideration
participation in the Orange County Housing Trust.
X
The Orange County
Housing Trust was adopted
by the County of Orange in
March 2019. Multiple cities
have joined the trust.
3.
By August 1, 2019
Oct. 1, 2019
Community Services
Director (lead), City
Manager and City
Attorney
Review current municipal codes related to community services
and provide to the City Council recommendations that would
allow the City to enhance public services.
X
Community Services &
Police Department have
met to identify specific
codes in need of revisions.
4.
By Oct. 1, 2019 Human Resources
Director, with input
from each
Department Director
Review and evaluate the results of the Succession Planning
Survey and provide a summary report, with recommendations,
to the City Council for review and evaluation.
X
Staff presented
recommendations in the
context of FY 2019-20
Proposed Budget
discussion for certain
components and
departments. Additional
recommendations are
forthcoming.
B
5.
By August 1, 2019 Assistant to the City
Manager working with
the Assistant City
Manager, Information
Services Director,
Chief Financial
Officer and Public
Information Officer
Present to the City Council a plan for the transition out of
PCTA (Public Cable Television Authority).
X
A transition team meets
weekly and has developed
a schedule of deliverables
in order to meet the July
23, 2019, transition
deadline. July 15, 2019
Exit Reso to Council. July
23 Go Live with HB
Channel 3.
6.
By August 15,
2019
By November
2019
Community Services
Director
Present to the City Council at a study session the draft Public
Art Master Plan.
X
Working with CAO and
CM’s office on finalized
agreement with consultant
services. Update will be
provided by November
2019
7.
By December 15,
2019
Community
Development Director
Bring Phase II of the Zoning Code update to the City Council
for consideration.
X
C
THREE-YEAR GOAL:Enhance and maintain the infrastructure
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By June 1, 2019 Public Works Director,
working with the
Community Services
Director
Utilizing the Parks Master Plan, prioritize next year’s
proposed improvements and present to the City Council as a
part of the 2019-2020 budget.
X
Proposed park
improvements are included
in the 2019-20 Proposed
Budget.
2.
By Sept. 1, 2019 Assistant City Manager
(lead), Chief Information
Officer and Public Works
Director
Develop and present to the City Council for action a
Broadband Master Plan for the installation of fiber
throughout the city.
X
A working group has been
identified to develop
recommendations to
present to the City Council
in September 2019. Interim
Assistant City Manager will
schedule a recurring
meeting for the working
group to build the plan.
3.
By Aug. 1, 2019 Public Works Director,
working with the
Community Development
Director and Police Chief
Hold a study session on the feasibility of developing a
citywide Traffic Mitigation Plan.
X
Staff is developing a scope
of work for the study for
City Council consideration.
4.
By December 1,
2019
Chief Information Officer
and Public Works Director
Develop and present to the City Council for action a plan for
the selection of an Enterprise Asset Management System.X
Initial needs assessment
completed. Project
management budget for
evaluation and RFP has
been secured in 19/20 FY.
5.
By February 1,
2020
Library Services Director
(lead) and Public Works
Director
Conduct a City Council study session to share the results of
the library facility assessment and present a draft Library
Facilities Master Plan.X Draft RFP being
developed.
D
THREE-YEAR GOAL:Strengthen long-term financial and economic sustainability
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By June August
20, 2019
Deputy Director of
Economic Development
Provide update to City Council on plan to redevelop Boeing
site.
X
Met with Sares-Regis on
the purchase of Phase II
(50 acres).
2.
By Sept. 1, 2019 Community Development
Director and City
Attorney
Conduct a study session on opportunities and challenges
associated with short-term rentals.
X
Staff is assembling
information in order to
provide a comprehensive
cost benefit analysis by
September 2019.
3.
By July 1, 2019 City Manager, Assistant
City Manager and Chief
Financial Officer
Recommend to the City Council for action the use of one-time
money for long-term liabilities.X
Recommendation for the
use of one-time funds to
expedite the pay-down of
unfunded liabilities is
included in the FY 2019-20
Proposed Budget.
4.
By Oct. 1, 2019 Assistant City Manager
(lead), Economic
Development Director,
Community Development
Director, Police Chief,
and Fire Chief.
Conduct a City Council study session regarding the pros and
cons of the cannabis economy, with the exception of
dispensaries and cultivation, along with a cost-benefit
analysis.X
Staff preparing pros/cons
analysis and cost benefit
review. HdL is assisting in
the process.
E
THREE-YEAR GOAL:Enhance and modernize public safety service delivery
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISED
1.
By April 15, 2019
By May 22, 2019
By August 19,
2019.
Fire Chief and Chief
Financial Officer
Present to the City Council for consideration a revised EMS
fee schedule that aligns with rates in Orange County and
reflects best practices.
X
A study has been
conducted regarding
potential for new rates and
methodology. Certain
follow-up items are being
reviewed to finalize
recommendations. Going
to Council on August 19,
2019.
2.
By May 15, 2019 Public Works Director
and Police Chief
Recommend to the City Council for action the award of a
contract for the design of the Police Headquarters
Modernization Project.X Approved by the City
Council on 3-18-19
3.
By August 1,
2019
Police Chief and Chief
Information Officer
Bring to the City Council for action a proposal for
replacement of the CAD/RMS system.
X
Project team members
attended vendor demos in
March and are conducting
additional research and
analysis.
4.
By September 1,
2019
Assistant City Manager
(lead), Police Chief and
Chief Financial Officer
Present funding options to the City Council to enhance
funding for additional police staffing.X
City of Huntington Beach
File #:19-769 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
City Council Position on Legislation Pending Before Congress and the State Legislature as
Recommended by the City Council Intergovernmental Relations Committee (IRC)
Statement of Issue:
On June 26, 2019 the Intergovernmental Relations Committee (IRC) comprised of Mayor Erik
Peterson and Council Member Jill Hardy met to discuss pending Federal and State legislation (Mayor
Pro Tem Semeta was absent).
Financial Impact:
There is no fiscal impact.
Recommended Action:
A)Approve a City position of Support on S. 2012 “Restoring Local Control Over Public
Infrastructure Act”; and,
B)Approve a City position of Support on Assembly Bill 1779 (Daly) - Recovery Residences; and,
C)Approve a City position of Support if Amended on Senate Bill 438 (Hertzberg) - Emergency
Medical Services: Dispatch; and,
D)Approve a City position of Support on Senate Bill 667 (Hueso) - Recycling Infrastructure; and,
E)Approve a City position of Oppose on Senate Bill 330 (Skinner) - Housing Crisis Act of 2019;
and,
F)Adopt Resolution No. 2019-15, “A Resolution of the City Council of the City of Huntington Beach
Supporting Maintaining Local Control of Energy Solutions.”
Alternative Action(s):
Do not approve and direct staff accordingly.
City of Huntington Beach Printed on 7/10/2019Page 1 of 4
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File #:19-769 MEETING DATE:7/15/2019
Analysis:
The Intergovernmental Relations Committee (IRC)met to discuss pending Federal and State
legislation on June 26,2019 in addition to regional issues.The Committee reviewed the 2019 State
Legislative Matrix provided by the City’s Federal and State Advocate Townsend Public Affairs.The
following is an analysis of the bills that the Committee chose to take the following positions on:
Ø SUPPORT - S. 2012 “Restoring Local Control Over Public Infrastructure Act”
This would nullify recent actions by the Federal Communications Commission (FCC)that
constrict local authority in pursuit of the expansion of wireless infrastructure.The regulations
adopted by the FCC in August and September 2018 limit the authority of cities and states to
regulate wireless technological attachments to public infrastructure,such as streetlight and
utility poles.These regulations compel local governments to permit access to publicly owned
infrastructure with set time limits as low as 60 days to conduct all necessary inspections and
authorize proposals.Additionally,their limitation on fees and rates to direct and actual costs
strips municipalities of their ability to analyze and identify the cost-benefit of this technology to
its residents.The FCC’s actions prevent local environmental and design review,and drastically
limit common-sense requirements to include our constituents in the approval process and
allow us to protect our community.
As you may know,two years ago,the State of California considered Senate Bill 649,
legislation similar to the FCC’s actions.The bill received widespread opposition from local
jurisdictions,and though the state legislature passed it,Governor Brown vetoed the bill.Since
then,the bill has not been reintroduced.Local governments should be granted appropriate
time and flexibility to ensure that small cell wireless infrastructure is deployed safely and
correctly in our communities.
Ø SUPPORT - Assembly Bill 1779 (Daly) - Recovery Residences
Existing law provides for the licensure and regulation by the State Department of Health Care
Services of adult alcoholism and drug abuse recovery and treatment facilities for adults.This
bill would establish,and require the department to adopt and implement,minimum standards
for counties seeking to use state funding to offer recovery residences.Additionally,the bill
would require the National Alliance for Recovery Residences to deny an application for,or
deny or revoke the recognition,registration,or certification of,a recovery residence under
certain circumstances,including if the recovery residence fails to meet the minimum
standards.
Ø SUPPORT if Amended -Senate Bill 438 (Hertzberg)-Emergency Medical Services:
Dispatch
The bill would provide that medical control by a local EMS agency medical director or medical
direction and management of an EMS system may not be construed to, among other things,
limit the authority of a public safety agency to directly receive and administer “911” emergency
requests originating within the agency’s territorial jurisdiction or authorize a local EMS agency
to reduce a public safety agency’s response mode or deployment of emergency response
resources within the agency’s territorial jurisdiction. The bill would also clarify that a public
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File #:19-769 MEETING DATE:7/15/2019
safety agency does not transfer its authority to administer emergency medical services to a
local EMS agency by adhering to the policies, procedures, and protocols adopted by a local
EMS agency.
Ø SUPPORT - Senate Bill 667 (Hueso) - Recycling Infrastructure
This bill would direct CalRecycle to develop a five year needs assessment to support
innovation and technological infrastructure development in order to meet specific organic
waste reduction and recycling targets.CalReycle would develop financial incentive
mechanisms to fund and accelerate public and private capital towards organic waste diversion
and recycling infrastructure.If signed into law,this bill could create more processing facilities
nearby that could process organic material and possibly reduce operational costs for the City’s
hauler who in turn passes their costs onto our ratepayers.
Ø OPPOSE - Senate Bill 330 (Skinner) - Housing Crisis Act of 2019
The bill as recently amended would,among other things,declare a statewide housing crisis
and for a five-year period,prohibit a city from imposing parking requirements near rail stops,
and freeze nearly all project related fees once a developer submits a “preliminary”application.
Furthermore,the bill created a new type of housing project application,this “preliminary”
application,which upon submittal,limits the number of public hearings,freezes nearly all
project related fees,and starts the approval timeline before an application is deemed
complete.The City questions the effectiveness of prohibiting or limiting parking requirements
and restricting essential housing related fees.SB 330 does not require any of the cost
savings associated with these limitations to be passed on to the renter or purchaser of the
housing unit.Developers would most likely pocket the savings and enhance their profits,while
not producing affordable housing.
In addition to the discussion of Federal and State legislation,a representative from the Southern
California Gas Company presented the IRC members with information on balanced energy solutions.
Recently a number of state agencies are increasingly proposing new legislation and regulations
looking to eliminate energy choices and mandating solutions to fully electrify homes and businesses
in the future.This is problematic for the City of Huntington Beach as our water distribution system
which is natural gas fired would need to be switched to electric at a large cost to the taxpayers.
These mandates eliminate local control and customer choice which suppresses innovation,reduces
reliability,and unnecessarily increases costs for Huntington Beach residents,businesses,and our
own operations.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1.S. 2012 “Restoring Local Control Over Public Infrastructure Act”
2.Assembly Bill 1779 (Daly)
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File #:19-769 MEETING DATE:7/15/2019
3.Senate Bill 438 (Hertzberg)
4.Senate Bill 667 (Hueso)
5.Senate Bill 330 (Skinner)
6.Resolution No. 2019-51, “A Resolution of the City of Huntington Beach Supporting Maintaining
Local Control of Energy Solutions.”
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II
116TH CONGRESS
1ST SESSION S. 1699
To streamline siting processes for small cell deployment.
IN THE SENATE OF THE UNITED STATES
JUNE 3, 2019
Mr. THUNE (for himself and Mr. SCHATZ) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and
Transportation
A BILL
To streamline siting processes for small cell deployment.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Streamlining The 4
Rapid Evolution And Modernization of Leading-edge In-5
frastructure Necessary to Enhance Small Cell Deployment 6
Act’’ or the ‘‘STREAMLINE Small Cell Deployment 7
Act’’. 8
VerDate Sep 11 2014 06:22 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1699.IS S1699kjohnson on DSK79L0C42 with BILLS
2
•S 1699 IS
SEC. 2. PRESERVATION OF LOCAL ZONING AUTHORITY. 1
Section 332(c) of the Communications Act of 1934 2
(47 U.S.C. 332(c)) is amended by striking paragraph (7) 3
and inserting the following: 4
‘‘(7) PRESERVATION OF LOCAL ZONING AU-5
THORITY.— 6
‘‘(A) GENERAL AUTHORITY.—Except as 7
provided in this paragraph, nothing in this Act 8
shall limit or affect the authority of a State or 9
local government or instrumentality thereof over 10
decisions regarding the placement, construction, 11
and modification of personal wireless service fa-12
cilities. 13
‘‘(B) LIMITATIONS.— 14
‘‘(i) IN GENERAL.—Except as pro-15
vided in subparagraph (C), the regulation 16
of the placement, construction, or modi-17
fication of a personal wireless service facil-18
ity by any State or local government or in-19
strumentality thereof— 20
‘‘(I) shall not unreasonably dis-21
criminate among providers of func-22
tionally equivalent services; and 23
‘‘(II) shall not prohibit or have 24
the effect of prohibiting the provision 25
of personal wireless service. 26
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3
•S 1699 IS
‘‘(ii) TIMEFRAME.—A State or local 1
government or instrumentality thereof 2
shall act on any request for authorization 3
to place, construct, or modify a personal 4
wireless service facility within a reasonable 5
period of time after the request is duly 6
filed with the government or instrumen-7
tality, taking into account the nature and 8
scope of the request. 9
‘‘(iii) WRITTEN DECISION AND 10
RECORD.—Any decision by a State or local 11
government or instrumentality thereof to 12
deny a request to place, construct, or mod-13
ify a personal wireless service facility shall 14
be— 15
‘‘(I) in writing; and 16
‘‘(II) supported by substantial 17
evidence contained in a written 18
record. 19
‘‘(iv) ENVIRONMENTAL EFFECTS OF 20
RADIO FREQUENCY EMISSIONS.—No State 21
or local government or instrumentality 22
thereof may regulate the placement, con-23
struction, or modification of personal wire-24
less service facilities on the basis of the en-25
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4
•S 1699 IS
vironmental effects of radio frequency 1
emissions to the extent that the facilities 2
comply with the Commission’s regulations 3
concerning such emissions. 4
‘‘(v) JUDICIAL AND ADMINISTRATIVE 5
REVIEW.— 6
‘‘(I) JUDICIAL REVIEW.—Any 7
person adversely affected by any final 8
action or failure to act by a State or 9
local government or any instrumen-10
tality thereof that is inconsistent with 11
this subparagraph may, within 30 12
days after the action or failure to act, 13
commence an action in any court of 14
competent jurisdiction, which shall 15
hear and decide the action on an ex-16
pedited basis. 17
‘‘(II) ADMINISTRATIVE RE-18
VIEW.—Any person adversely affected 19
by an act or failure to act by a State 20
or local government or any instrumen-21
tality thereof that is inconsistent with 22
clause (iv) may petition the Commis-23
sion for relief. 24
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5
•S 1699 IS
‘‘(C) PLACEMENT, CONSTRUCTION, AND 1
MODIFICATION OF SMALL PERSONAL WIRELESS 2
SERVICE FACILITIES.— 3
‘‘(i) IN GENERAL.—In addition to, 4
and not in derogation of any of, the limita-5
tions under subparagraph (B), the regula-6
tion of the placement, construction, or 7
modification of small personal wireless 8
service facilities by any State or local gov-9
ernment or instrumentality thereof— 10
‘‘(I) shall not unreasonably dis-11
criminate among providers of the 12
same service using comparable equip-13
ment, including by providing exclusive 14
or preferential use of facilities to a 15
particular provider or class of pro-16
viders of personal wireless service; and 17
‘‘(II) shall only permit a State or 18
local government to approve or deny a 19
permit or other permission to deploy a 20
small personal wireless service facility, 21
including access to a right-of-way or a 22
facility in a right-of-way owned or 23
managed by the State or local govern-24
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6
•S 1699 IS
ment, based on publicly available cri-1
teria that are— 2
‘‘(aa) reasonable; 3
‘‘(bb) objective; and 4
‘‘(cc) non-discriminatory. 5
‘‘(ii) ENGINEERING STANDARDS; AES-6
THETIC REQUIREMENTS.—A State or local 7
government or instrumentality thereof may 8
regulate the placement, construction, and 9
modification of small personal wireless 10
service facilities for reasons of objective 11
and reasonable— 12
‘‘(I) structural engineering stand-13
ards based on generally applicable 14
codes; 15
‘‘(II) safety requirements; or 16
‘‘(III) aesthetic or concealment 17
requirements. 18
‘‘(iii) TIMEFRAMES.— 19
‘‘(I) IN GENERAL.—A State or 20
local government or instrumentality 21
thereof shall act on a complete re-22
quest for authorization to place, con-23
struct, or modify a small personal 24
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7
•S 1699 IS
wireless service facility not later 1
than— 2
‘‘(aa)(AA) for collocation of 3
a small personal wireless service 4
facility, 60 days after the date on 5
which the complete request is 6
filed, except as provided in item 7
(bb); or 8
‘‘(BB) for any other action 9
relating to a small personal wire-10
less service facility, 90 days after 11
the date on which the complete 12
request is filed, except as pro-13
vided in item (cc); 14
‘‘(bb) for collocation of a 15
small personal wireless service fa-16
cility, if the State or the area 17
under the jurisdiction of the local 18
government has a population of 19
fewer than 50,000 people— 20
‘‘(AA) 90 days after the 21
date on which the complete 22
request is filed, if during the 23
30-day period ending on 24
that date of filing, the appli-25
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8
•S 1699 IS
cable wireless service pro-1
vider filed fewer than 50 re-2
quests for collocation of a 3
small personal wireless serv-4
ice facility with the State or 5
local government or instru-6
mentality thereof; or 7
‘‘(BB) 120 days after 8
the date on which the com-9
plete request is filed, if dur-10
ing the 30-day period ending 11
on that date of filing, the 12
applicable wireless service 13
provider filed not fewer than 14
50 requests for collocation of 15
a small personal wireless 16
service facility with the 17
State or local government or 18
instrumentality thereof; or 19
‘‘(cc) for any other action 20
relating to a small personal wire-21
less service facility, if the State 22
or the area under the jurisdiction 23
of the local government has a 24
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9
•S 1699 IS
population of fewer than 50,000 1
people— 2
‘‘(AA) 120 days after 3
the date on which the com-4
plete request is filed, if dur-5
ing the 30-day period ending 6
on that date of filing, the 7
applicable wireless service 8
provider filed fewer than 50 9
requests for any other action 10
relating to a small personal 11
wireless service facility with 12
the State or local govern-13
ment or instrumentality 14
thereof; or 15
‘‘(BB) 150 days after 16
the date on which the com-17
plete request is filed, if dur-18
ing the 30-day period ending 19
on that date of filing, the 20
applicable wireless service 21
provider filed not fewer than 22
50 requests for any other 23
action relating to a small 24
personal wireless service fa-25
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10
•S 1699 IS
cility with the State or local 1
government or instrumen-2
tality thereof. 3
‘‘(II) APPLICABILITY.—The ap-4
plicable timeframe under subclause (I) 5
shall apply collectively to all pro-6
ceedings required by a State or local 7
government or instrumentality thereof 8
for the approval of the request. 9
‘‘(III) NO TOLLING.—A time-10
frame under subclause (I) may not be 11
tolled by any moratorium, whether ex-12
press or de facto, imposed by a State 13
or local government on the consider-14
ation of any request for authorization 15
to place, construct, or modify a small 16
personal wireless service facility. 17
‘‘(IV) TEMPORARY WAIVER.— 18
The Commission may temporarily 19
waive the applicability of subclause (I) 20
for not longer than a single 30-day 21
period for any complete request upon 22
a demonstration by a State or local 23
government that the waiver would be 24
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11
•S 1699 IS
consistent with the public interest, 1
convenience, and necessity. 2
‘‘(iv) DEEMED GRANTED.—If a State 3
or local government or instrumentality 4
thereof has neither granted nor denied a 5
request within the applicable timeframe 6
under subclause (I) of clause (iii), includ-7
ing any temporary waiver granted under 8
subclause (IV) of that clause, the request 9
shall be deemed granted on the date that 10
is 31 days after the date on which the gov-11
ernment instrumentality receives a written 12
notice of the failure from the applicant. 13
‘‘(v) FEES.—Notwithstanding any 14
other provision of law, a State or local gov-15
ernment may charge a fee to consider an 16
application for the placement, construction, 17
or modification of a small personal wireless 18
facility, or to use a right-of-way or a facil-19
ity in a right-of-way owned or managed by 20
the State or local government for the 21
placement, construction, or modification of 22
a small personal wireless facility, if the fee 23
is— 24
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12
•S 1699 IS
‘‘(I) competitively neutral, tech-1
nology neutral, and nondiscrim-2
inatory; 3
‘‘(II) publicly disclosed; and 4
‘‘(III)(aa) except as provided in 5
item (bb), based on actual and direct 6
costs, such as costs for— 7
‘‘(AA) review and processing 8
of applications; 9
‘‘(BB) maintenance; 10
‘‘(CC) emergency responses; 11
‘‘(DD) repairs and replace-12
ment of components and mate-13
rials resulting from and affected 14
by the installation of small per-15
sonal wireless facilities, improve-16
ments, and equipment that facili-17
tates the deployment and instal-18
lation of such facilities; or 19
‘‘(EE) inspections; or 20
‘‘(bb) calculated in accordance 21
with section 224, in the case of a fee 22
charged for the placement, construc-23
tion, or modification of a small per-24
sonal wireless facility on a pole, in a 25
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13
•S 1699 IS
right-of-way, or on any other facility 1
that may be established under that 2
section. 3
‘‘(vi) RULE OF CONSTRUCTION.— 4
Nothing in this subparagraph shall be con-5
strued to prevent any State or local gov-6
ernment from imposing any additional lim-7
itation or requirement relating to consider-8
ation by the State or local government of 9
an application for the placement, construc-10
tion, or modification of a small personal 11
wireless service facility. 12
‘‘(D) DEFINITIONS.—For purposes of this 13
paragraph— 14
‘‘(i) the term ‘antenna’ means an ap-15
paratus designed for the purpose of emit-16
ting radiofrequency radiation, to be oper-17
ated or operating from a fixed location for 18
the transmission of writing, signs, signals, 19
data, images, pictures, and sounds of all 20
kinds; 21
‘‘(ii) the term ‘communications net-22
work’ means a network used to provide a 23
communications service; 24
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14
•S 1699 IS
‘‘(iii) the term ‘communications serv-1
ice’ means— 2
‘‘(I) cable service, as defined in 3
section 602; 4
‘‘(II) information service; 5
‘‘(III) telecommunications serv-6
ice; or 7
‘‘(IV) personal wireless service; 8
‘‘(iv) the term ‘complete request’ 9
means a request for which the applicant 10
has not received written notice from the 11
State or local government within 10 busi-12
ness days of submission— 13
‘‘(I) stating in writing that the 14
request is incomplete; and 15
‘‘(II) identifying the information 16
causing the request to be incomplete; 17
‘‘(v) the term ‘generally applicable 18
code’ includes a uniform building, fire, 19
electrical, plumbing, or mechanical code 20
adopted by a national code organization, or 21
a local amendment to such a code, to the 22
extent not inconsistent with this Act; 23
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15
•S 1699 IS
‘‘(vi) the term ‘network interface de-1
vice’ means a telecommunications demarca-2
tion device and cross-connect point that— 3
‘‘(I) is adjacent or proximate 4
to— 5
‘‘(aa) a small personal wire-6
less service facility; or 7
‘‘(bb) a structure supporting 8
a small personal wireless service 9
facility; and 10
‘‘(II) demarcates the boundary 11
with any wireline backhaul facility; 12
‘‘(vii) the term ‘personal wireless serv-13
ice’ means— 14
‘‘(I) commercial mobile service; 15
‘‘(II) commercial mobile data 16
service (as that term is defined in sec-17
tion 6001 of the Middle Class Tax Re-18
lief and Job Creation Act of 2012 (47 19
U.S.C. 1401)); 20
‘‘(III) unlicensed wireless service; 21
and 22
‘‘(IV) common carrier wireless 23
exchange access service; 24
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16
•S 1699 IS
‘‘(viii) the term ‘personal wireless 1
service facility’ means a facility for the 2
provision of personal wireless service; 3
‘‘(ix) the term ‘small personal wireless 4
service facility’— 5
‘‘(I) means a personal wireless 6
service facility in which each antenna 7
is not more than 3 cubic feet in vol-8
ume; and 9
‘‘(II) does not include a wireline 10
backhaul facility; 11
‘‘(x) the term ‘unlicensed wireless 12
service’— 13
‘‘(I) means the offering of tele-14
communications service using a duly 15
authorized device that does not re-16
quire an individual license; and 17
‘‘(II) does not include the provi-18
sion of direct-to-home satellite service, 19
as defined in section 303(v); and 20
‘‘(xi) the term ‘wireline backhaul facil-21
ity’ means an above-ground or under-22
ground wireline facility used to transport 23
communications service or other electronic 24
communications from a small personal 25
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17
•S 1699 IS
wireless service facility or its adjacent net-1
work interface device to a communications 2
network.’’. 3
SEC. 3. GAO STUDY OF BROADBAND DEPLOYMENT ON 4
TRIBAL LAND AND ON OR NEAR TRUST LAND. 5
Not later than 1 year after the date of enactment 6
of this Act, the Comptroller General of the United States 7
shall— 8
(1) in consultation with the Secretary of Agri-9
culture, the Director of the Bureau of Indian Af-10
fairs, and the Federal Communications Commission, 11
study the process for obtaining a grant of a right- 12
of-way to deploy broadband infrastructure on Tribal 13
land or on or near trust land, as defined in section 14
3765 of title 38, United States Code; 15
(2) in conducting the study under paragraph 16
(1), consider the unique challenges involved in 17
broadband deployment on Tribal land and on or 18
near trust land; and 19
(3) submit to Congress a report on the study 20
conducted under paragraph (1). 21
Æ
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AMENDED IN SENATE JUNE 24, 2019
AMENDED IN ASSEMBLY MAY 16, 2019
AMENDED IN ASSEMBLY APRIL 22, 2019
california legislature—2019–20 regular session
ASSEMBLY BILL No. 1779
Introduced by Assembly Member Daly
(Coauthor: Assembly Member Rodriguez)
February 22, 2019
An act to add Chapter 14 (commencing with Section 11857) to Part
2 of Division 10.5 of the Health and Safety Code, relating to public
health.
legislative counsel’s digest
AB 1779, as amended, Daly. Recovery residences.
Existing law provides for the licensure and regulation by the State
Department of Health Care Services of adult alcoholism and drug abuse
recovery and treatment facilities for adults. Existing law defines a
facility for those purposes to mean a premise, place, or building that
provides residential nonmedical services to adults who are recovering
from drug or alcohol abuse or who need drug or alcohol recovery
treatment or detoxification services.
This bill would establish, and require the department to adopt and
implement, minimum standards for counties seeking to use state funding
to offer recovery residences, as defined. The bill would also require the
National Alliance for Recovery Residences to deny an application for,
or deny or revoke the recognition, registration, or certification of, a
recovery residence under certain circumstances, including if the recovery
residence fails to meet the minimum standards.
96
The bill would require the department to report to the Legislature, on
or before January 1, 2025, the number and types of complaints received
by certifying entities and the department, the status of complaints
received, and the geographic concentration of reported complaints, and
to maintain on its internet website information regarding residences for
which the certification was revoked. complaints. The bill would also
include legislative findings and declarations.
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 all of the
line 2 following:
line 3 (a) (1) Substance use disorder is ranked in the top five clinically
line 4 preventable burdens on health care spending.
line 5 (2) The level of health care services used by substance use
line 6 disorder patients before receiving treatment is more than double
line 7 that of the general population. It has been shown that after 12
line 8 months of treatment of substance use disorders, the levels of health
line 9 care services received return to almost average.
line 10 (3) An estimated 4 to 5 years is necessary for persons
line 11 experiencing the chronic disease of addiction to reach a full,
line 12 sustained recovery, and the first 30 to 90 days after initial treatment
line 13 are the most critical for preventing relapse, making it imperative
line 14 that recovery residences be expanded as a means of reducing costs
line 15 associated with multiple treatment episodes.
line 16 (4) There are an estimated 3.5 million persons with diagnosable
line 17 substance use disorders in California and a limited number of
line 18 available recovery residences to effectively provide healthy living
line 19 environments for long-term recovery.
line 20 (5) The need for quality recovery residence housing will
line 21 continue to rise throughout the next decade.
line 22 (b) Therefore, it is the intent of the Legislature, in enacting this
line 23 act, to identify best practices for recovery residences so that all of
line 24 the following may occur:
line 25 (1) Access to legitimate recovery residence housing can be
line 26 expanded.
96
— 2 — AB 1779
line 1 (2) Those currently living in recovery residences may see an
line 2 improved level of safety and a reduction in deaths due to opioid
line 3 abuse and overdose.
line 4 (3) Local governments can recognize quality recovery residences
line 5 for their valuable contributions to the continuum of care in
line 6 addiction treatment and recovery.
line 7 SEC. 2. Chapter 14 (commencing with Section 11857) is added
line 8 to Part 2 of Division 10.5 of the Health and Safety Code, to read:
line 9
line 10 Chapter 14. Recovery Residences
line 11
line 12 11857. (a) For purposes of this chapter, “recovery residence”
line 13 refers to a residential property as defined in subdivision (c) of
line 14 Section 11833.05.
line 15 (b) The department shall adopt the Best Practices for Operating
line 16 Recovery Housing (BPORH) that includes suggested minimum
line 17 standards for operating recovery housing, upon its distribution by
line 18 the United States Department of Health and Human Services as
line 19 the minimum requirements for counties seeking to offer recovery
line 20 housing using state funding. Until the BPORH is distributed, the
line 21 department shall adopt the most recent standards approved by the
line 22 National Alliance for Recovery Residences (NARR) as the
line 23 minimum standard for receiving state funding for recovery
line 24 residence housing. Upon distribution of the Best Practices for
line 25 Operating Recovery Housing (BPORH) by the United States
line 26 Department of Health and Human Services pursuant to Section
line 27 290ee–5(a) of Title 42 of the United States Code, each specific
line 28 residence performance requirement that exceeds the NARR
line 29 standards for recovery residences shall be added to the minimum
line 30 standard for receiving state funding for recovery residence
line 31 housing. A residence that is certified by an organization that is
line 32 currently a recognized affiliate of NARR and has adopted the
line 33 standards approved by NARR, and subsequently the including a
line 34 requirement that opioid overdose reversal medication be readily
line 35 available in case of an onsite opioid overdose emergency, and any
line 36 additional standards identified by the BPORH, shall be presumed
line 37 to have met the minimum requirement for best practices. best
line 38 practices operating requirement.
line 39 11857.02. An application for, or the recognition, registration,
line 40 or certification of, a recovery residence shall be denied or revoked
96
AB 1779 — 3 —
line 1 by a state affiliate of NARR under any of the following
line 2 circumstances:
line 3 (a) If the residence owner or operator name in the application
line 4 is listed on the Department of Health and Human Services’
line 5 exclusions list pursuant to Sections 1128 and 1156 of the Social
line 6 Security Act (42 U.S.C. Section 1320a-7 and 42 U.S.C. Section
line 7 1320c-5).
line 8 (b) If an applicant has previously applied for a license to operate
line 9 a residential alcoholism or drug abuse recovery or treatment
line 10 facility, or certified alcoholism or drug abuse recovery or treatment
line 11 program, or previously held a license to operate a residential
line 12 alcoholism or drug abuse recovery or treatment facility, and that
line 13 application was denied or the previous license was revoked,
line 14 suspended, terminated, surrendered, forfeited, or otherwise subject
line 15 to disciplinary or administrative action by the department, including
line 16 the imposition of civil penalties, when the department determines
line 17 recognition, registration, or certification would be inconsistent
line 18 with the ethical and safety standards required for that status.
line 19 (c) If the residence is not operating in compliance with NARR
line 20 or BPORH requirements or applicable state or federal laws. If this
line 21 subdivision applies, the entity shall notify the department.
line 22 11857.03. A city, City, county, city and county, or local law
line 23 enforcement entity that has documented evidence that a recovery
line 24 residence is not operating in compliance with NARR or BPORH
line 25 standards to an extent that resident or community safety is being
line 26 impacted, in a manner that suggests fraudulent activity is occurring,
line 27 or in a manner that would require licensure as a residential
line 28 treatment facility, may report these findings to the department and
line 29 to an entity described in Section 11857.01. The department or a
line 30 city, county, or city and county, or local law enforcement, may
line 31 request that the residence obtain recognition, registration,
line 32 certification, or licensure, as applicable, as a recovery residence
line 33 or treatment facility within 90 days of being notified of that
line 34 deficiency by the department or an entity described in Section
line 35 11857.01 in order to improve the conditions at the residence and
line 36 support positive relationships with the community. If the recovery
line 37 residence is providing treatment for addiction, the recovery
line 38 residence shall cease providing services that may be provided only
line 39 pursuant to a valid license until the appropriate license has been
line 40 issued.
96
— 4 — AB 1779
line 1 11857.04. The department shall maintain and post on its
line 2 internet website a registry containing the following information:
line 3 (a) The street address of each recovery residence that has had
line 4 its recognition, registration, or certification revoked, or whose
line 5 application was denied, by an entity described in Section 11857.01
line 6 in California.
line 7 (b) The name of each operator of a recovery residence that has
line 8 had its recognition, registration, or certification revoked, or whose
line 9 application has been denied, by an entity described in Section
line 10 11857.01 in California.
line 11 11857.07. (a) This chapter does not prohibit a county
line 12 contracting authority from requiring quality and performance
line 13 standards that are similar to, or that exceed, the standards described
line 14 in this chapter, when contracting for recovery residence services.
line 15 (b) An entity may enter into a memorandum of understanding
line 16 with a county for the purposes of determining if the county’s
line 17 requirements meet or exceed the minimum requirements of the
line 18 entity. A memorandum of understanding may include the granting
line 19 of reciprocity based upon the requirements of the county contract.
line 20 11857.08. (a) The department shall report to the Legislature
line 21 on or before January 1, 2025, the number and types of complaints
line 22 received by entities and the department pursuant to Section
line 23 11857.03, the status of complaints received, and the geographic
line 24 concentration of reported complaints.
line 25 (b) The report submitted pursuant to subdivision (a) shall be
line 26 submitted in compliance with Section 9795 of the Government
line 27 Code.
O
96
AB 1779 — 5 —
AMENDED IN ASSEMBLY JUNE 18, 2019
AMENDED IN SENATE MAY 2, 2019
AMENDED IN SENATE MARCH 25, 2019
SENATE BILL No. 438
Introduced by Senator Hertzberg
(Principal coauthor: Assembly Member Eggman)
(Coauthor: Senator Galgiani)
(Coauthor: Assembly Member Aguiar-Curry)
February 21, 2019
An act to amend Section 53110 of, and to add Section 53100.5 to,
the Government Code, and to add Section Sections 1797.223 and 1798.8
to the Health and Safety Code, relating to emergency services.
legislative counsel’s digest
SB 438, as amended, Hertzberg. Emergency medical services:
dispatch.
Existing law, the Warren-911-Emergency Assistance Act, requires
every local public agency to establish within its jurisdiction a basic
emergency telephone system that includes, at a minimum, police,
firefighting, and emergency medical and ambulance services. Existing
law authorizes a public agency to incorporate private ambulance service
into the system.
This bill would prohibit a public agency from delegating, assigning,
or contracting for “911” emergency call processing or notification duties
regarding the dispatch of emergency response resources unless the
delegation or assignment is to, or the contract or agreement is with,
another public agency. The bill would further exempt from that
prohibition a public agency that is a joint powers authority that
96
contracted for emergency response resources on or before January 1,
2019, under certain conditions. The bill would authorize a public agency
that contracted for dispatch of emergency response resources on or
before January 1, 2019, to continue that contract or to renegotiate or
adopt new contracts if the public agency and the public safety agencies
that provide prehospital emergency medical services consent. The bill
would state the Legislature’s intent to affirm and clarify a public
agency’s duty and authority to develop emergency communication
procedures and respond quickly to a person seeking emergency services
through the “911” emergency telephone system.
Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, authorizes each
county to develop an emergency medical services (EMS) program and
designate a local EMS agency. Existing law delegates responsibility
over the medical direction and management of an EMS system to the
medical director of the local EMS agency, and requires the local EMS
agency to maintain medical control over the EMS system in accordance
with minimum standards established by the Emergency Medical Services
Authority.
This bill would require a public safety agency that provides dispatch
of prehospital emergency response resources to make a connection
available from the public safety agency dispatch center to an EMS
provider’s dispatch center, as specified. The bill would provide that the
public safety agency is entitled to recover from an EMS provider the
costs incurred in establishing and maintaining the connection. The bill
would require all local EMS-agency-approved EMS providers and EMS
system providers to be simultaneously notified and dispatched at the
same response code. The bill would also, unless the local EMS agency
takes affirmative action to the contrary, deem a public safety agency’s
plan to implement an EMD or advanced life support program to be
approved within 60 days of submission if the plan satisfies state
guidelines and regulations.
This bill would provide that medical control by a local EMS agency
medical director or medical direction and management of an EMS
system may not be construed to, among other things, limit the authority
of a public safety agency to directly receive and administer “911”
emergency requests originating within the agency’s territorial
jurisdiction or authorize a local EMS agency to reduce a public safety
agency’s response mode or deployment of emergency response resources
within the agency’s territorial jurisdiction. The bill would also clarify
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that a public safety agency does not transfer its authority to administer
emergency medical services to a local EMS agency by consenting to
conform its prehospital response to comply with an EMS dispatch
protocol adhering to the policies, procedures, and protocols adopted
by a local EMS agency.
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. Section 53100.5 is added to the Government
line 2 Code, to read:
line 3 53100.5. The Legislature finds and declares all of the following:
line 4 (a) The provision of fire protection services, rescue services,
line 5 emergency medical services, hazardous material response services,
line 6 ambulance services, and other services related to the protection of
line 7 lives and property is a matter of public safety and critical to the
line 8 public peace, health, and safety of the state.
line 9 (b) It is in the public interest that emergency services be
line 10 deployed quickly and efficiently in the interest of saving lives and
line 11 reducing the damage or destruction of property.
line 12 (c) The establishment of a uniform, statewide policy regarding
line 13 a public agency’s ability to receive and process emergency calls
line 14 is a matter of statewide concern and an interest to all inhabitants
line 15 and citizens of this state.
line 16 (d) The purpose of the act that added this section is to affirm
line 17 and clarify a public agency’s duty, responsibility, and jurisdiction
line 18 to establish and improve emergency communication procedures
line 19 and quickly respond to any person calling the telephone number
line 20 “911” seeking fire, medical, rescue, or other emergency services.
line 21 SEC. 2. Section 53110 of the Government Code is amended
line 22 to read:
line 23 53110. (a) Every system shall include police, firefighting, and
line 24 emergency medical and ambulance services, and may include other
line 25 emergency services, in the discretion of the affected local public
line 26 agency, such as poison control services, suicide prevention
line 27 services, and civil defense services. The system may incorporate
line 28 private ambulance service. In areas in which a public safety agency
line 29 of the state provides emergency services, the system shall include
line 30 the public safety agency or agencies.
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line 1 (b) Notwithstanding subdivision (a), a public agency shall not
line 2 delegate, assign, or enter into a contract for “911” call processing
line 3 or emergency notification duties regarding the dispatch of
line 4 emergency response resources except as provided in subdivision
line 5 (c) or if the delegation or assignment is to, or the contract or
line 6 agreement is with, another public agency.
line 7 (c) Notwithstanding subdivision (b), a the following entities
line 8 may contract for dispatch of emergency response resources only
line 9 as described:
line 10 (1) A joint powers authority that contracted for dispatch of
line 11 emergency response resources on or before January 1, 2019, may
line 12 continue to contract for dispatch of those resources and may
line 13 renegotiate or adopt new contracts, if the membership of the joint
line 14 powers authority includes all public safety agencies that provide
line 15 prehospital emergency medical services and the joint powers
line 16 authority consents to the renegotiation or adoption of the contract.
line 17 (2) A public agency that has contracted for dispatch of
line 18 emergency response resources on or before January 1, 2019, may
line 19 continue to contract for dispatch of those resources and may
line 20 renegotiate or adopt new contracts if the public agency and the
line 21 public safety agencies that provide prehospital emergency medical
line 22 services consent to the renegotiation and adoption of the contract.
line 23 SEC. 3. Section 1797.223 is added to the Health and Safety
line 24 Code, to read:
line 25 1797.223. (a) (1) A public safety agency that provides dispatch
line 26 of prehospital emergency response resources shall make a
line 27 connection available from the public safety agency dispatch center
line 28 to an emergency medical services (EMS) provider’s dispatch center
line 29 for the timely transmission of emergency response information.
line 30 (2) A public safety agency shall be entitled to recover from an
line 31 EMS provider the costs incurred in establishing and maintaining
line 32 a connection required by this subdivision.
line 33 (3) An EMS provider that elects not to use the connection
line 34 provided pursuant to this subdivision shall be dispatched by the
line 35 appropriate public safety agency and charged the same rates as
line 36 any other EMS provider being dispatched by that agency.
line 37 (4) If an EMS provider is not directly dispatched from a public
line 38 safety agency, the response interval for calculations for that EMS
line 39 provider shall not include the call processing times of the public
line 40 safety agency and shall begin upon receipt of notification by the
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line 1 EMS provider of the emergency response caller data, either
line 2 electronically or by any other means prescribed in paragraph (5).
line 3 (5) For purposes of this subdivision, “connection” means either
line 4 a direct computer aided despatch (CAD) to CAD link, where
line 5 permissible under law, between the public safety agency and an
line 6 EMS provider or an indirect connection, including, but not limited
line 7 to, a ring down line, intercom, radio, or other electronic means
line 8 for timely notification of caller data and the location of the
line 9 emergency response.
line 10 (b) Unless an EMS agency has approved an emergency medical
line 11 dispatch (EMD) program that allows for a tiered or modified
line 12 response, all local EMS providers approved by the local EMS
line 13 agency and all statutorily-authorized EMS system providers shall
line 14 be simultaneously notified, or as close as technologically feasible,
line 15 and dispatched at the same response code. A public safety agency
line 16 implementing an EMD program shall be subject to the review and
line 17 approval of the local EMS agency and shall operate the program
line 18 in accordance with applicable state guidelines and regulations.
line 19 (c) Unless the local EMS agency takes affirmative action to the
line 20 contrary, a public safety agency’s plan to implement an EMD or
line 21 advanced life support program shall be deemed approved within
line 22 60 days of submission if the plan satisfies state guidelines and
line 23 regulations.
line 24 SEC. 3.
line 25 SEC. 4. Section 1798.8 is added to the Health and Safety Code,
line 26 to read:
line 27 1798.8. (a) Notwithstanding any provision of this division,
line 28 medical control by a local EMS agency medical director, or
line 29 medical direction and management of an emergency medical
line 30 services system, as described in this chapter, shall not be construed
line 31 to do either any of the following:
line 32 (1) Limit, supplant, prohibit, or otherwise alter a public safety
line 33 agency’s authority to directly receive, process, and administer
line 34 requests for assistance originating within the public safety agency’s
line 35 territorial jurisdiction through the emergency “911” system
line 36 established pursuant to Article 6 (commencing with Section 53100)
line 37 of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
line 38 Code.
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line 1 (2) Authorize or permit a local EMS agency to delegate, assign,
line 2 or enter into a contract in contravention of subdivision (b) of
line 3 Section 53110 of the Government Code.
line 4 (b) Notwithstanding any provision of this division, medical
line 5 control or medical direction and management of an emergency
line 6 medical services system, as described in this chapter, shall not be
line 7 construed to authorize
line 8 (3) Authorize or permit a local EMS agency to reduce a public
line 9 safety agency’s response mode or deployment of public safety
line 10 emergency response resources within the public safety agency’s
line 11 territorial jurisdiction.
line 12 (4) Authorize or permit a local EMS agency to prevent a public
line 13 safety agency from providing mutual aid pursuant to the California
line 14 Emergency Services Act (Chapter 7 (commencing with Section
line 15 8550) of Division 1 of Title 2 of the Government Code).
line 16 (c)
line 17 (b) A public safety agency’s voluntary consent to conform its
line 18 prehospital response or response mode to comply with an
line 19 emergency medical dispatch protocol adherence to the policies,
line 20 procedures, and protocols adopted by a local EMS agency does
line 21 not constitute a transfer of any of the public safety agency’s
line 22 authorities regarding the administration of emergency medical
line 23 services.
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AMENDED IN ASSEMBLY JULY 1, 2019
AMENDED IN ASSEMBLY JUNE 17, 2019
AMENDED IN SENATE APRIL 29, 2019
AMENDED IN SENATE APRIL 10, 2019
SENATE BILL No. 667
Introduced by Senator Hueso
February 22, 2019
An act to amend Section 44502 of, and to add Section 44527 to, the
Health and Safety Code, and to add Sections 42999.5 and 42999.6 to
the Public Resources Code, relating to greenhouse gases.
legislative counsel’s digest
SB 667, as amended, Hueso. Greenhouse gases: recycling
infrastructure and facilities.
The California Global Warming Solutions Act of 2006 designates
the State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board as a part of the
market-based compliance mechanism to be deposited in the Greenhouse
Gas Reduction Fund.
Existing law establishes the CalRecycle Greenhouse Gas Reduction
Revolving Loan Program, administered by the Department of Resources
Recycling and Recovery, to provide loans to reduce the emissions of
greenhouse gases by promoting in-state development of infrastructure
to process organic and other recyclable materials into new value-added
products.
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Existing law requires the department, with additional moneys from
the Greenhouse Gas Reduction Fund that may be appropriated to the
department, to administer a grant program to provide financial
assistance, in the form of grants, incentive payments, contracts, or other
funding mechanisms, to reduce the emissions of greenhouse gases by
promoting in-state development of infrastructure, food waste prevention,
or other projects to reduce organic waste or process organic and other
recyclable materials into new, value-added products.
The California Pollution Control Financing Authority Act establishes
the California Pollution Control Financing Authority, with specified
powers and duties, and authorizes the authority to approve financing
for projects or pollution control facilities to prevent or reduce
environmental pollution.
This bill would require the department to develop, on or before
January 1, 2021, and would authorize the department to amend, a 5-year
investment strategy needs assessment to drive support innovation and
support technological development and infrastructure, infrastructure
development, in order to meet specified organic waste reduction and
recycling targets, as provided. The bill would require, on or before June
1, 2021, the department, in coordination with the Treasurer and the
California Pollution Control Financing Authority, to develop financial
incentive mechanisms, including, among other mechanisms, loans and
incentive payments, to fund and accelerate public and private capital
towards organic waste diversion and recycling infrastructure. The bill
would authorize the authority to provide any alternative financing
necessary to implement and administer those financial incentive
mechanisms for the benefit of public or private participating parties, in
accordance with the investment strategy. needs assessment. The bill
would create establish the California Recycling Infrastructure
Investment Account in the State Treasury, to be administered by the
California Pollution Control Financing Authority. The bill would require
the Treasurer, in coordination with the department, to coordinate with
the States of Nevada, Oregon, and Washington on infrastructure
financing to support the recycling needs of the region and to create an
advisory stakeholder committee to support development of interstate
recycling infrastructure and markets for recyclable materials.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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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) Organic waste is a key source of methane emissions, a
line 4 powerful climate forcer for greenhouse gases and short-lived
line 5 climate pollutants that significantly impact air quality, public
line 6 health, and climate change.
line 7 (2) The state has been a leader in advancing policies that
line 8 drastically divert organic waste from landfills and recycle it,
line 9 including by mandating a 40-percent reduction in methane
line 10 emissions by 2030, compared to 2013 levels.
line 11 (3) The state is facing a crisis due to international dynamics that
line 12 have critically impacted our traditional recycling markets.
line 13 (4) The state, in coordination with the States of Nevada, Oregon,
line 14 and Washington, requires a stable, multiyear incentive program
line 15 that leverages private and other additional public funds to build
line 16 infrastructure to meet the needs of the state’s organic waste
line 17 diversion mandate and recycling market crisis.
line 18 (b) It is the intent of the Legislature that moneys subsequently
line 19 appropriated for the Organic Waste Diversion Infrastructure Act
line 20 of 2019, including, but not limited to, any moneys appropriated
line 21 from the Greenhouse Gas Reduction Fund, established pursuant
line 22 to Section 16428.8 of the Government Code, be expended for
line 23 grants pursuant to Section 42999 of the Public Resources Code,
line 24 notwithstanding subdivision (a) of Section 42999 of the Public
line 25 Resources Code, for loans pursuant to Section 42997 of the Public
line 26 Resources Code, and for financing administered pursuant to Section
line 27 44527 of the Health and Safety Code.
line 28 SEC. 2. Section 44502 of the Health and Safety Code is
line 29 amended to read:
line 30 44502. It is the purpose of this division to carry out and make
line 31 effective the findings of the Legislature and to that end to do all
line 32 of the following, to the mutual benefit of the people of the state
line 33 and to protect their health and welfare:
line 34 (a) To provide industry within the state, irrespective of company
line 35 size, with an alternative method of financing in providing,
line 36 acquiring, developing, enlarging, or installing facilities for
line 37 establishing pollution control, providing supplies of clean water,
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SB 667 — 3 —
line 1 and producing energy from alternative or renewable sources, that
line 2 are needed to accomplish the purposes of this division.
line 3 (b) To assist economically distressed counties and cities to
line 4 develop and implement growth policies and programs that reduce
line 5 pollution hazards and the degradation of the environment or
line 6 promote infill development.
line 7 (c) To assist with the financing of the costs of assessment,
line 8 remedial planning and reporting, technical assistance, and the
line 9 cleanup, remediation, or development of brownfield sites, or other
line 10 similar or related costs.
line 11 (d) To provide alternative financing for the development of
line 12 organic waste diversion technologies and infrastructure.
line 13 SEC. 3. Section 44527 is added to the Health and Safety Code,
line 14 to read:
line 15 44527. The authority may provide any alternative financing
line 16 necessary to implement and administer financial incentive
line 17 mechanisms, pursuant to Section 42999.6 of the Public Resources
line 18 Code, for the benefit of public or private participating parties, in
line 19 accordance with the investment strategy needs assessment
line 20 developed pursuant to Section 42999.5 of the Public Resources
line 21 Code, including, but not limited to, the funding and administration
line 22 of financial assistance through mechanisms, such as grants, direct
line 23 loans, forgivable loans, loan loss reserves, loan guarantees,
line 24 revolving loan funds, loan participation, and other credit facilities.
line 25 SEC. 4. Section 42999.5 is added to the Public Resources Code,
line 26 to read:
line 27 42999.5. (a) This section and Section 42999.6 shall be known,
line 28 and may be cited, as the Organic Waste Diversion Infrastructure
line 29 Investment Act of 2019.
line 30 (b) The department shall support technology advancement and
line 31 infrastructure to meet the state’s 2025 organic waste reduction
line 32 target pursuant to Section 39730.6 of the Health and Safety Code
line 33 and the state’s recycling goals pursuant to Section 41780.01.
line 34 (c) The department shall develop, on or before January 1, 2021,
line 35 and may amend, a five-year investment strategy needs assessment
line 36 to drive support innovation and support technological development
line 37 and infrastructure, infrastructure development, in order to meet
line 38 the state’s 2025 organic waste reduction target pursuant to Section
line 39 39730.6 of the Health and Safety Code and the state’s recycling
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line 1 goals pursuant to Section 41780.01. The investment strategy needs
line 2 assessment shall do include all of the following:
line 3 (1) (A) Set forth a five-year plan for the expenditure of moneys
line 4 appropriated for purposes of this section. Identification of
line 5 technology and infrastructure capacity gaps.
line 6 (B) An eligible expenditure may occur over multiple fiscal
line 7 years.
line 8 (C) The department may make multiyear funding commitments
line 9 over a period of more than one fiscal year.
line 10 (2) Assess Assessment of the amount of money needed to build
line 11 the infrastructure necessary to achieve the waste reduction target
line 12 pursuant to Section 39730.6 of the Health and Safety Code.
line 13 (3) Identify Identification of priorities and strategies for financial
line 14 incentive mechanisms to help achieve the organic waste reduction
line 15 target pursuant to Section 39730.6 of the Health and Safety Code
line 16 and the state’s recycling goals pursuant to Section 41780.01.
line 17 SEC. 5. Section 42999.6 is added to the Public Resources Code,
line 18 to read:
line 19 42999.6. (a) On or before June 1, 2021, the department, in
line 20 coordination with the Treasurer and the California Pollution
line 21 Control Financing Authority, established pursuant to Section 44515
line 22 of the Health and Safety Code, shall develop financial incentive
line 23 mechanisms, including, but not limited to, loans, incentive
line 24 payments, credit facilities, pooled bonds, and other financing
line 25 strategies, to fund and accelerate public and private capital towards
line 26 organic waste diversion and recycling infrastructure.
line 27 (b) (1) There is hereby established in the State Treasury the
line 28 California Recycling Infrastructure Investment Account, which
line 29 the California Pollution Control Financing Authority shall
line 30 administer.
line 31 (2) In providing any financial incentives pursuant to this
line 32 subdivision, the California Pollution Control Financing Authority,
line 33 in coordination with the department, shall do all of the following:
line 34 (A) Ensure that a recipient of a financial incentive or a
line 35 beneficiary of a financial incentive leverages local, state, federal,
line 36 and private funding sources to maximize investment in organic
line 37 waste diversion and recycling infrastructure.
line 38 (B) Prioritize projects that have multiple benefits, including,
line 39 but not limited to, reducing greenhouse gas emissions, increasing
line 40 solid waste diversion, increasing workforce training and
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SB 667 — 5 —
line 1 development, reducing collection and recycling costs to local
line 2 governments, and creating jobs.
line 3 (C) Prioritize projects that maximize benefits while minimizing
line 4 negative consequences to disadvantaged communities, as identified
line 5 pursuant to Section 39711 of the Health and Safety Code, and to
line 6 low-income communities, as defined in Section 39713 of the Health
line 7 and Safety Code.
line 8 (D) Seek to achieve a portfolio approach to funding and
line 9 financing pursuant to this subdivision that supports a diverse set
line 10 of projects.
line 11 (c) The Treasurer, in coordination with the department, shall
line 12 coordinate with the States of Nevada, Oregon, and Washington
line 13 on infrastructure financing to support the recycling needs of the
line 14 region and shall create an advisory stakeholder committee to
line 15 support development of interstate recycling infrastructure and
line 16 markets for recyclable materials.
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AMENDED IN ASSEMBLY JULY 1, 2019
AMENDED IN ASSEMBLY JUNE 25, 2019
AMENDED IN ASSEMBLY JUNE 12, 2019
AMENDED IN SENATE MAY 21, 2019
AMENDED IN SENATE MAY 7, 2019
AMENDED IN SENATE APRIL 24, 2019
AMENDED IN SENATE APRIL 4, 2019
AMENDED IN SENATE MARCH 25, 2019
SENATE BILL No. 330
Introduced by Senator Skinner
February 19, 2019
An act to amend Section 65589.5 of, to amend, repeal, and add
Sections 65943 and 65950 of, to add and repeal Sections 65905.5,
65913.3, 65913.10, 65941.1, and 65950.2 of, and to add and repeal
Chapter 12 (commencing with Section 66300) of Division 1 of Title 7
of, the Government Code, relating to housing.
legislative counsel’s digest
SB 330, as amended, Skinner. Housing Crisis Act of 2019.
(1) The Housing Accountability Act, which is part of the Planning
and Zoning Law, prohibits a local agency from disapproving, or
conditioning approval in a manner that renders infeasible, a housing
development project for very low, low-, or moderate-income households
or an emergency shelter unless the local agency makes specified written
findings based on a preponderance of the evidence in the record. The
91
act specifies that one way to satisfy that requirement is to make findings
that the housing development project or emergency shelter is
inconsistent with both the jurisdiction’s zoning ordinance and general
plan land use designation as specified in any element of the general
plan as it existed on the date the application was deemed complete. The
act requires a local agency that proposes to disapprove a housing
development project that complies with applicable, objective general
plan and zoning standards and criteria that were in effect at the time
the application was deemed to be complete, or to approve it on the
condition that it be developed at a lower density, to base its decision
upon written findings supported by substantial evidence on the record
that specified conditions exist, and places the burden of proof on the
local agency to that effect. The act requires a court to impose a fine on
a local agency under certain circumstances and requires that the fine
be at least $10,000 per housing unit in the housing development project
on the date the application was deemed complete.
This bill, until January 1, 2025, would specify that an application is
deemed complete for these purposes if a preliminary application was
submitted, as described below.
Existing law authorizes the applicant, a person who would be eligible
to apply for residency in the development or emergency shelter, or a
housing organization to bring an action to enforce the Housing
Accountability Act. If, in that action, a court finds that a local agency
failed to satisfy the requirement to make the specified findings described
above, existing law requires the court to issue an order or judgment
compelling compliance with the act within 60 days, as specified.
This bill, until January 1, 2025, would additionally require a court to
issue the order or judgment previously described if the local agency
required or attempted to require certain housing development projects
to comply with an ordinance, policy, or standard not adopted and in
effect when a preliminary application was submitted.
Existing law authorizes a local agency to require a housing
development project to comply with objective, quantifiable, written
development standards, conditions, and policies appropriate to, and
consistent with, meeting the jurisdiction’s share of the regional housing
need, as specified.
This bill, until January 1, 2025, would, notwithstanding those
provisions or any other law and with certain exceptions, require that a
housing development project only be subject to the preconstruction
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— 2 — SB 330
development ordinances, policies, and standards adopted and in effect
when a preliminary application is submitted, except as specified.
(2) The Planning and Zoning Law, except as provided, requires that
a public hearing be held on an application for a variance from the
requirements of a zoning ordinance, an application for a conditional
use permit or equivalent development permit, a proposed revocation or
modification of a variance or use permit or equivalent development
permit, or an appeal from the action taken on any of those applications.
That law requires that notice of a public hearing be provided in
accordance with specified procedures.
This bill, until January 1, 2025, would prohibit a city or county from
conducting more than 5 hearings, as defined, held pursuant to these
provisions, or any other law, ordinance, or regulation requiring a public
hearing, if a proposed housing development project complies with the
applicable, objective general plan and zoning standards in effect at the
time an application is deemed complete, as defined. The bill would
require the city or county to consider and either approve or disapprove
the housing development project at any of the 5 hearings consistent
with the applicable timelines under the Permit Streamlining Act.
(3) The Planning and Zoning Law requires a county or city to
designate and zone sufficient vacant land for residential use with
appropriate standards, as provided. That law also authorizes a
development proponent to submit an application for a development that
is subject to a specified streamlined, ministerial approval process and
not subject to a conditional use permit if the development satisfies
certain objective planning standards.
This bill, until January 1, 2025, with respect to land where housing
is an allowable use on or after January 1, 2018, would prohibit a county
or city in which specified conditions exist, determined by the
Department of Housing and Community Development as provided,
from imposing any new, increasing or enforcing any existing,
requirement that a proposed housing development include parking in
excess of specified amounts. If the city or county grants a conditional
use permit approving a proposed housing development project and that
project would have been eligible for a higher density under the city’s
or county’s general plan land use designation and zoning ordinances
as in effect on January 1, 2018, the bill would also require the city or
county to allow the project at that higher density. The bill would require
a project that requires the demolition of housing to comply with
specified requirements, including the provision of relocation assistance
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SB 330 — 3 —
and a right of first refusal in the new housing to displaced occupants,
as provided. The bill would require that any units for which a developer
provides relocation assistance or a right of first refusal be considered
in determining whether the housing development project satisfies the
requirements, if applicable, of an inclusionary housing ordinance of the
county or city.
The bill would state that these provisions would prevail over any
conflicting provision of the Planning and Zoning Law or other law
regulating housing development in this state, except as specifically
provided. The bill would also require that any exception to these
provisions, including an exception for the health and safety of occupants
of a housing development project, be construed narrowly.
(4)
(3) The Permit Streamlining Act, which is part of the Planning and
Zoning Law, requires each state agency and each local agency to
compile one or more lists that specify in detail the information that will
be required from any applicant for a development project. That law
requires the state or local agency to make copies of this information
available to all applicants for development projects and to any persons
who request the information.
The bill, until January 1, 2025, for purposes of any state or local law,
ordinance, or regulation that requires a city or county to determine
whether the site of a proposed housing development project is a historic
site, would require the city or county to make that determination, which
would remain valid for the pendency of the housing development, at
the time the application is deemed complete, except as provided. The
bill, until January 1, 2025, would also require that each local agency
make copies of any above-described list with respect to information
required from an applicant for a housing development project available
both (A) in writing to those persons to whom the agency is required to
make information available and (B) publicly available on the internet
website of the local agency.
The Permit Streamlining Act requires public agencies to approve or
disapprove of a development project within certain timeframes, as
specified. The act requires a public agency, upon its determination that
an application for a development project is incomplete, to include a list
and a thorough description of the specific information needed to
complete the application. Existing law authorizes the applicant to submit
the additional material to the public agency, requires the public agency
to determine whether the submission of the application together with
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— 4 — SB 330
the submitted materials is complete within 30 days of receipt, and
provides for an appeal process from the public agency’s determination.
Existing law requires a final written determination by the agency on
the appeal no later than 60 days after receipt of the applicant’s written
appeal.
This bill, until January 1, 2025, would provide that a housing
development project, as defined, shall be deemed to have submitted a
preliminary application upon providing specified information about the
proposed project to the city or county from which approval for the
project is being sought. The bill would require each local agency to
compile a checklist and application form that applicants for housing
development projects may use for that purpose and would require the
Department of Housing and Community Development to adopt a
standardized form for applicants seeking approval from a local agency
that has not developed its own application form. After the submittal of
a preliminary application, the bill would provide that a housing
development project would not be deemed to have submitted a complete
initial application under these provisions if the development proponent
revises the project such that the number of residential units or square
footage of construction changes by 20% or more until the development
proponent resubmits the information required by the bill so that it
reflects the revisions. The bill would require a development proponent
to submit an application for a development project that includes all
information necessary for the agency to review the application under
the Permit Streamlining Act within 180 days of submitting the
preliminary application.
The bill, until January 1, 2025, would require the lead agency, as
defined, if the application is determined to be incomplete, to provide
the applicant with an exhaustive list of items that were not complete,
as specified.
The bill, until January 1, 2025, would also provide that all deadlines
in the Permit Streamlining Act are mandatory.
The Permit Streamlining Act generally requires that a public agency
that is the lead agency for a development project approve or disapprove
a project within 120 days from the date of certification by the lead
agency of an environmental impact report prepared for certain
development projects, but reduces this time period to 90 days from the
certification of an environmental impact report for development projects
meeting certain additional conditions relating to affordability. Existing
law defines “development project” for these purposes to mean a use
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SB 330 — 5 —
consisting of either residential units only or mixed-use developments
consisting of residential and nonresidential uses that satisfy certain other
requirements.
This bill, until January 1, 2025, would reduce the time period in which
a lead agency under these provisions is required to approve or
disapprove a project from 120 days to 90 days, for a development project
generally described above, and from 90 days to 60 days, for a
development project that meets the above-described affordability
conditions. The bill would recast the definition of “development project”
for these purposes to mean a housing development project, as defined
in the Housing Accountability Act.
(5)
(4) The Planning and Zoning Law, among other things, requires the
legislative body of each county and city to adopt a comprehensive,
long-term general plan for the physical development of the county or
city and of any land outside its boundaries that relates to its planning.
That law authorizes the legislative body, if it deems it to be in the public
interest, to amend all or part of an adopted general plan, as provided.
That law also authorizes the legislative body of any county or city,
pursuant to specified procedures, to adopt ordinances that, among other
things, regulate the use of buildings, structures, and land as between
industry, business, residences, open space, and other purposes.
This bill, until January 1, 2025, with respect to land where housing
is an allowable use on or after January 1, 2018, use, except as specified,
would prohibit a county or city, including the electorate exercising its
local initiative or referendum power, in which specified conditions
exist, determined by the Department of Housing and Community
Development as provided, from enacting a development policy, standard,
or condition, as defined, that would have the effect of (A) changing the
land use designation or zoning of a parcel or parcels of property to a
less intensive use or reducing the intensity of land use within an existing
zoning district below what was allowed under the general plan or
specific plan land use designation and zoning ordinances of the county
or city as in effect on January 1, 2018; (B) imposing or enforcing a
moratorium on housing development within all or a portion of the
jurisdiction of the county or city, except as provided; (C) imposing or
enforcing new design standards established on or after January 1, 2018,
that are not objective design standards, as defined; or (D) establishing
or implementing certain limits on the number of permits issued by, or
the population of, the county or city, unless the limit was approved prior
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to January 1, 2005, in a predominantly agricultural county, as defined.
The bill would, notwithstanding these prohibitions, allow a city or
county to prohibit the commercial use of land zoned for residential use
consistent with the authority of the city or county conferred by other
law. The bill would state that these prohibitions would apply to any
zoning ordinance adopted or amended on or after January 1, 2018, the
effective date of these provisions, and that any development policy,
standard, or condition on or after that date that does not comply would
be deemed void.
This bill would also require a project that requires the demolition of
housing to comply with specified requirements, including the provision
of relocation assistance and a right of first refusal in the new housing
to displaced occupants, as provided. The bill would provide that these
provisions do not supersede any provision of a locally adopted
ordinance that places greater restrictions on the demolition of
residential dwelling units or that requires greater relocation assistance
to displaced households.
The bill would state that these prohibitions would prevail over any
conflicting provision of the Planning and Zoning Law or other law
regulating housing development in this state, except as specifically
provided. The bill would also require that any exception to these
provisions, including an exception for the health and safety of occupants
of a housing development project, be construed narrowly. The bill would
also declare any requirement to obtain local voter approval or
supermajority approval of any body of the county or city for specified
purposes related to housing development against public policy and void.
(6)
(5) This bill would include findings that the changes proposed by
this bill address a matter of statewide concern rather than a municipal
affair and, therefore, apply to all cities, including charter cities.
(7)
(6) By imposing various new requirements and duties on local
planning officials with respect to housing development, and by changing
the scope of a crime under the State Housing Law, this bill would impose
a state-mandated local program.
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.
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SB 330 — 7 —
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.
(8)
(7) This bill would provide that its provisions are severable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known, and may be cited, as the
line 2 Housing Crisis Act of 2019.
line 3 SEC. 2. (a) The Legislature finds and declares the following:
line 4 (1) California is experiencing a housing supply crisis, with
line 5 housing demand far outstripping supply. In 2018, California ranked
line 6 49th out of the 50 states in housing units per capita.
line 7 (2) Consequently, existing housing in this state, especially in
line 8 its largest cities, has become very expensive. Seven of the 10 most
line 9 expensive real estate markets in the United States are in California.
line 10 In San Francisco, the median home price is $1.6 million.
line 11 (3) California is also experiencing rapid year-over-year rent
line 12 growth with three cities in the state having had overall rent growth
line 13 of 10 percent or more year-over-year, and of the 50 United States
line 14 cities with the highest United States rents, 33 are cities in
line 15 California.
line 16 (4) California needs an estimated 180,000 additional homes
line 17 annually to keep up with population growth, and the Governor has
line 18 called for 3.5 million new homes to be built over the next 7 years.
line 19 (5) The housing crisis has particularly exacerbated the need for
line 20 affordable homes at prices below market rates.
line 21 (6) The housing crisis harms families across California and has
line 22 resulted in all of the following:
line 23 (A) Increased poverty and homelessness, especially first-time
line 24 homelessness.
line 25 (B) Forced lower income residents into crowded and unsafe
line 26 housing in urban areas.
line 27 (C) Forced families into lower cost new housing in greenfields
line 28 at the urban-rural interface with longer commute times and a higher
line 29 exposure to fire hazard.
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line 1 (D) Forced public employees, health care providers, teachers,
line 2 and others, including critical safety personnel, into more affordable
line 3 housing farther from the communities they serve, which will
line 4 exacerbate future disaster response challenges in high-cost,
line 5 high-congestion areas and increase risk to life.
line 6 (E) Driven families out of the state or into communities away
line 7 from good schools and services, making the ZIP Code where one
line 8 grew up the largest determinate of later access to opportunities
line 9 and social mobility, disrupting family life, and increasing health
line 10 problems due to long commutes that may exceed three hours per
line 11 day.
line 12 (7) The housing crisis has been exacerbated by the additional
line 13 loss of units due to wildfires in 2017 and 2018, which impacts all
line 14 regions of the state. The Carr Fire in 2017 alone burned over 1,000
line 15 homes, and over 50,000 people have been displaced by the Camp
line 16 Fire and the Woolsey Fire in 2018. This temporary and permanent
line 17 displacement has placed additional demand on the housing market
line 18 and has resulted in fewer housing units available for rent by
line 19 low-income individuals.
line 20 (8) Individuals who lose their housing due to fire or the sale of
line 21 the property cannot find affordable homes or rental units and are
line 22 pushed into cars and tents.
line 23 (9) Costs for construction of new housing continue to increase.
line 24 According to the Terner Center for Housing Innovation at the
line 25 University of California, Berkeley, the cost of building a 100-unit
line 26 affordable housing project in the state was almost $425,000 per
line 27 unit in 2016, up from $265,000 per unit in 2000.
line 28 (10) Lengthy permitting processes and approval times, fees and
line 29 costs for parking, and other requirements further exacerbate cost
line 30 of residential construction.
line 31 (11) The housing crisis is severely impacting the state’s
line 32 economy as follows:
line 33 (A) Employers face increasing difficulty in securing and
line 34 retaining a workforce.
line 35 (B) Schools, universities, nonprofits, and governments have
line 36 difficulty attracting and retaining teachers, students, and employees,
line 37 and our schools and critical services are suffering.
line 38 (C) According to analysts at McKinsey and Company, the
line 39 housing crisis is costing California $140 billion a year in lost
line 40 economic output.
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line 1 (12) The housing crisis also harms the environment by doing
line 2 both of the following:
line 3 (A) Increasing pressure to develop the state’s farmlands, open
line 4 space, and rural interface areas to build affordable housing, and
line 5 increasing fire hazards that generate massive greenhouse gas
line 6 emissions.
line 7 (B) Increasing greenhouse gas emissions from longer commutes
line 8 to affordable homes far from growing job centers.
line 9 (13) Homes, lots, and structures near good jobs, schools, and
line 10 transportation remain underutilized throughout the state and could
line 11 be rapidly remodeled or developed to add affordable homes without
line 12 subsidy where they are needed with state assistance.
line 13 (14) Reusing existing infrastructure and developed properties,
line 14 and building more smaller homes with good access to schools,
line 15 parks, and services, will provide the most immediate help with the
line 16 lowest greenhouse gas footprint to state residents.
line 17 (b) In light of the foregoing, the Legislature hereby declares a
line 18 statewide housing emergency, to be in effect until January 1, 2025.
line 19 (c) It is the intent of the Legislature, in enacting the Housing
line 20 Crisis Act of 2019, to do both of the following:
line 21 (1) Suspend certain restrictions on the development of new
line 22 housing during the period of the statewide emergency described
line 23 in subdivisions (a) and (b).
line 24 (2) Work with local governments to expedite the permitting of
line 25 housing in regions suffering the worst housing shortages and
line 26 highest rates of displacement.
line 27 SEC. 3. Section 65589.5 of the Government Code is amended
line 28 to read:
line 29 65589.5. (a) (1) The Legislature finds and declares all of the
line 30 following:
line 31 (A) The lack of housing, including emergency shelters, is a
line 32 critical problem that threatens the economic, environmental, and
line 33 social quality of life in California.
line 34 (B) California housing has become the most expensive in the
line 35 nation. The excessive cost of the state’s housing supply is partially
line 36 caused by activities and policies of many local governments that
line 37 limit the approval of housing, increase the cost of land for housing,
line 38 and require that high fees and exactions be paid by producers of
line 39 housing.
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line 1 (C) Among the consequences of those actions are discrimination
line 2 against low-income and minority households, lack of housing to
line 3 support employment growth, imbalance in jobs and housing,
line 4 reduced mobility, urban sprawl, excessive commuting, and air
line 5 quality deterioration.
line 6 (D) Many local governments do not give adequate attention to
line 7 the economic, environmental, and social costs of decisions that
line 8 result in disapproval of housing development projects, reduction
line 9 in density of housing projects, and excessive standards for housing
line 10 development projects.
line 11 (2) In enacting the amendments made to this section by the act
line 12 adding this paragraph, the Legislature further finds and declares
line 13 the following:
line 14 (A) California has a housing supply and affordability crisis of
line 15 historic proportions. The consequences of failing to effectively
line 16 and aggressively confront this crisis are hurting millions of
line 17 Californians, robbing future generations of the chance to call
line 18 California home, stifling economic opportunities for workers and
line 19 businesses, worsening poverty and homelessness, and undermining
line 20 the state’s environmental and climate objectives.
line 21 (B) While the causes of this crisis are multiple and complex,
line 22 the absence of meaningful and effective policy reforms to
line 23 significantly enhance the approval and supply of housing affordable
line 24 to Californians of all income levels is a key factor.
line 25 (C) The crisis has grown so acute in California that supply,
line 26 demand, and affordability fundamentals are characterized in the
line 27 negative: underserved demands, constrained supply, and protracted
line 28 unaffordability.
line 29 (D) According to reports and data, California has accumulated
line 30 an unmet housing backlog of nearly 2,000,000 units and must
line 31 provide for at least 180,000 new units annually to keep pace with
line 32 growth through 2025.
line 33 (E) California’s overall homeownership rate is at its lowest level
line 34 since the 1940s. The state ranks 49th out of the 50 states in
line 35 homeownership rates as well as in the supply of housing per capita.
line 36 Only one-half of California’s households are able to afford the
line 37 cost of housing in their local regions.
line 38 (F) Lack of supply and rising costs are compounding inequality
line 39 and limiting advancement opportunities for many Californians.
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line 1 (G) The majority of California renters, more than 3,000,000
line 2 households, pay more than 30 percent of their income toward rent
line 3 and nearly one-third, more than 1,500,000 households, pay more
line 4 than 50 percent of their income toward rent.
line 5 (H) When Californians have access to safe and affordable
line 6 housing, they have more money for food and health care; they are
line 7 less likely to become homeless and in need of
line 8 government-subsidized services; their children do better in school;
line 9 and businesses have an easier time recruiting and retaining
line 10 employees.
line 11 (I) An additional consequence of the state’s cumulative housing
line 12 shortage is a significant increase in greenhouse gas emissions
line 13 caused by the displacement and redirection of populations to states
line 14 with greater housing opportunities, particularly working- and
line 15 middle-class households. California’s cumulative housing shortfall
line 16 therefore has not only national but international environmental
line 17 consequences.
line 18 (J) California’s housing picture has reached a crisis of historic
line 19 proportions despite the fact that, for decades, the Legislature has
line 20 enacted numerous statutes intended to significantly increase the
line 21 approval, development, and affordability of housing for all income
line 22 levels, including this section.
line 23 (K) The Legislature’s intent in enacting this section in 1982 and
line 24 in expanding its provisions since then was to significantly increase
line 25 the approval and construction of new housing for all economic
line 26 segments of California’s communities by meaningfully and
line 27 effectively curbing the capability of local governments to deny,
line 28 reduce the density for, or render infeasible housing development
line 29 projects and emergency shelters. That intent has not been fulfilled.
line 30 (L) It is the policy of the state that this section should be
line 31 interpreted and implemented in a manner to afford the fullest
line 32 possible weight to the interest of, and the approval and provision
line 33 of, housing.
line 34 (3) It is the intent of the Legislature that the conditions that
line 35 would have a specific, adverse impact upon the public health and
line 36 safety, as described in paragraph (2) of subdivision (d) and
line 37 paragraph (1) of subdivision (j), arise infrequently.
line 38 (b) It is the policy of the state that a local government not reject
line 39 or make infeasible housing development projects, including
line 40 emergency shelters, that contribute to meeting the need determined
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line 1 pursuant to this article without a thorough analysis of the economic,
line 2 social, and environmental effects of the action and without
line 3 complying with subdivision (d).
line 4 (c) The Legislature also recognizes that premature and
line 5 unnecessary development of agricultural lands for urban uses
line 6 continues to have adverse effects on the availability of those lands
line 7 for food and fiber production and on the economy of the state.
line 8 Furthermore, it is the policy of the state that development should
line 9 be guided away from prime agricultural lands; therefore, in
line 10 implementing this section, local jurisdictions should encourage,
line 11 to the maximum extent practicable, in filling existing urban areas.
line 12 (d) A local agency shall not disapprove a housing development
line 13 project, including farmworker housing as defined in subdivision
line 14 (h) of Section 50199.7 of the Health and Safety Code, for very
line 15 low, low-, or moderate-income households, or an emergency
line 16 shelter, or condition approval in a manner that renders the housing
line 17 development project infeasible for development for the use of very
line 18 low, low-, or moderate-income households, or an emergency
line 19 shelter, including through the use of design review standards,
line 20 unless it makes written findings, based upon a preponderance of
line 21 the evidence in the record, as to one of the following:
line 22 (1) The jurisdiction has adopted a housing element pursuant to
line 23 this article that has been revised in accordance with Section 65588,
line 24 is in substantial compliance with this article, and the jurisdiction
line 25 has met or exceeded its share of the regional housing need
line 26 allocation pursuant to Section 65584 for the planning period for
line 27 the income category proposed for the housing development project,
line 28 provided that any disapproval or conditional approval shall not be
line 29 based on any of the reasons prohibited by Section 65008. If the
line 30 housing development project includes a mix of income categories,
line 31 and the jurisdiction has not met or exceeded its share of the regional
line 32 housing need for one or more of those categories, then this
line 33 paragraph shall not be used to disapprove or conditionally approve
line 34 the housing development project. The share of the regional housing
line 35 need met by the jurisdiction shall be calculated consistently with
line 36 the forms and definitions that may be adopted by the Department
line 37 of Housing and Community Development pursuant to Section
line 38 65400. In the case of an emergency shelter, the jurisdiction shall
line 39 have met or exceeded the need for emergency shelter, as identified
line 40 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any
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SB 330 — 13 —
line 1 disapproval or conditional approval pursuant to this paragraph
line 2 shall be in accordance with applicable law, rule, or standards.
line 3 (2) The housing development project or emergency shelter as
line 4 proposed would have a specific, adverse impact upon the public
line 5 health or safety, and there is no feasible method to satisfactorily
line 6 mitigate or avoid the specific adverse impact without rendering
line 7 the development unaffordable to low- and moderate-income
line 8 households or rendering the development of the emergency shelter
line 9 financially infeasible. As used in this paragraph, a “specific,
line 10 adverse impact” means a significant, quantifiable, direct, and
line 11 unavoidable impact, based on objective, identified written public
line 12 health or safety standards, policies, or conditions as they existed
line 13 on the date the application was deemed complete. Inconsistency
line 14 with the zoning ordinance or general plan land use designation
line 15 shall not constitute a specific, adverse impact upon the public
line 16 health or safety.
line 17 (3) The denial of the housing development project or imposition
line 18 of conditions is required in order to comply with specific state or
line 19 federal law, and there is no feasible method to comply without
line 20 rendering the development unaffordable to low- and
line 21 moderate-income households or rendering the development of the
line 22 emergency shelter financially infeasible.
line 23 (4) The housing development project or emergency shelter is
line 24 proposed on land zoned for agriculture or resource preservation
line 25 that is surrounded on at least two sides by land being used for
line 26 agricultural or resource preservation purposes, or which does not
line 27 have adequate water or wastewater facilities to serve the project.
line 28 (5) The housing development project or emergency shelter is
line 29 inconsistent with both the jurisdiction’s zoning ordinance and
line 30 general plan land use designation as specified in any element of
line 31 the general plan as it existed on the date the application was
line 32 deemed complete, and the jurisdiction has adopted a revised
line 33 housing element in accordance with Section 65588 that is in
line 34 substantial compliance with this article. For purposes of this
line 35 section, a change to the zoning ordinance or general plan land use
line 36 designation subsequent to the date the application was deemed
line 37 complete shall not constitute a valid basis to disapprove or
line 38 condition approval of the housing development project or
line 39 emergency shelter.
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line 1 (A) This paragraph cannot be utilized to disapprove or
line 2 conditionally approve a housing development project if the housing
line 3 development project is proposed on a site that is identified as
line 4 suitable or available for very low, low-, or moderate-income
line 5 households in the jurisdiction’s housing element, and consistent
line 6 with the density specified in the housing element, even though it
line 7 is inconsistent with both the jurisdiction’s zoning ordinance and
line 8 general plan land use designation.
line 9 (B) If the local agency has failed to identify in the inventory of
line 10 land in its housing element sites that can be developed for housing
line 11 within the planning period and are sufficient to provide for the
line 12 jurisdiction’s share of the regional housing need for all income
line 13 levels pursuant to Section 65584, then this paragraph shall not be
line 14 utilized to disapprove or conditionally approve a housing
line 15 development project proposed for a site designated in any element
line 16 of the general plan for residential uses or designated in any element
line 17 of the general plan for commercial uses if residential uses are
line 18 permitted or conditionally permitted within commercial
line 19 designations. In any action in court, the burden of proof shall be
line 20 on the local agency to show that its housing element does identify
line 21 adequate sites with appropriate zoning and development standards
line 22 and with services and facilities to accommodate the local agency’s
line 23 share of the regional housing need for the very low, low-, and
line 24 moderate-income categories.
line 25 (C) If the local agency has failed to identify a zone or zones
line 26 where emergency shelters are allowed as a permitted use without
line 27 a conditional use or other discretionary permit, has failed to
line 28 demonstrate that the identified zone or zones include sufficient
line 29 capacity to accommodate the need for emergency shelter identified
line 30 in paragraph (7) of subdivision (a) of Section 65583, or has failed
line 31 to demonstrate that the identified zone or zones can accommodate
line 32 at least one emergency shelter, as required by paragraph (4) of
line 33 subdivision (a) of Section 65583, then this paragraph shall not be
line 34 utilized to disapprove or conditionally approve an emergency
line 35 shelter proposed for a site designated in any element of the general
line 36 plan for industrial, commercial, or multifamily residential uses. In
line 37 any action in court, the burden of proof shall be on the local agency
line 38 to show that its housing element does satisfy the requirements of
line 39 paragraph (4) of subdivision (a) of Section 65583.
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SB 330 — 15 —
line 1 (e) Nothing in this section shall be construed to relieve the local
line 2 agency from complying with the congestion management program
line 3 required by Chapter 2.6 (commencing with Section 65088) of
line 4 Division 1 of Title 7 or the California Coastal Act of 1976
line 5 (Division 20 (commencing with Section 30000) of the Public
line 6 Resources Code). Neither shall anything in this section be
line 7 construed to relieve the local agency from making one or more of
line 8 the findings required pursuant to Section 21081 of the Public
line 9 Resources Code or otherwise complying with the California
line 10 Environmental Quality Act (Division 13 (commencing with Section
line 11 21000) of the Public Resources Code).
line 12 (f) (1) Except as provided in subdivision (o), nothing in this
line 13 section shall be construed to prohibit a local agency from requiring
line 14 the housing development project to comply with objective,
line 15 quantifiable, written development standards, conditions, and
line 16 policies appropriate to, and consistent with, meeting the
line 17 jurisdiction’s share of the regional housing need pursuant to Section
line 18 65584. However, the development standards, conditions, and
line 19 policies shall be applied to facilitate and accommodate
line 20 development at the density permitted on the site and proposed by
line 21 the development.
line 22 (2) Except as provided in subdivision (o), nothing in this section
line 23 shall be construed to prohibit a local agency from requiring an
line 24 emergency shelter project to comply with objective, quantifiable,
line 25 written development standards, conditions, and policies that are
line 26 consistent with paragraph (4) of subdivision (a) of Section 65583
line 27 and appropriate to, and consistent with, meeting the jurisdiction’s
line 28 need for emergency shelter, as identified pursuant to paragraph
line 29 (7) of subdivision (a) of Section 65583. However, the development
line 30 standards, conditions, and policies shall be applied by the local
line 31 agency to facilitate and accommodate the development of the
line 32 emergency shelter project.
line 33 (3) Except as provided in subdivision (o), nothing in this section
line 34 shall be construed to prohibit a local agency from imposing fees
line 35 and other exactions otherwise authorized by law that are essential
line 36 to provide necessary public services and facilities to the housing
line 37 development project or emergency shelter.
line 38 (4) For purposes of this section, a housing development project
line 39 or emergency shelter shall be deemed consistent, compliant, and
line 40 in conformity with an applicable plan, program, policy, ordinance,
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line 1 standard, requirement, or other similar provision if there is
line 2 substantial evidence that would allow a reasonable person to
line 3 conclude that the housing development project or emergency
line 4 shelter is consistent, compliant, or in conformity.
line 5 (g) This section shall be applicable to charter cities because the
line 6 Legislature finds that the lack of housing, including emergency
line 7 shelter, is a critical statewide problem.
line 8 (h) The following definitions apply for the purposes of this
line 9 section:
line 10 (1) “Feasible” means capable of being accomplished in a
line 11 successful manner within a reasonable period of time, taking into
line 12 account economic, environmental, social, and technological factors.
line 13 (2) “Housing development project” means a use consisting of
line 14 any of the following:
line 15 (A) Residential units only.
line 16 (B) Mixed-use developments consisting of residential and
line 17 nonresidential uses with at least two-thirds of the square footage
line 18 designated for residential use.
line 19 (C) Transitional housing or supportive housing.
line 20 (3) “Housing for very low, low-, or moderate-income
line 21 households” means that either (A) at least 20 percent of the total
line 22 units shall be sold or rented to lower income households, as defined
line 23 in Section 50079.5 of the Health and Safety Code, or (B) 100
line 24 percent of the units shall be sold or rented to persons and families
line 25 of moderate income as defined in Section 50093 of the Health and
line 26 Safety Code, or persons and families of middle income, as defined
line 27 in Section 65008 of this code. Housing units targeted for lower
line 28 income households shall be made available at a monthly housing
line 29 cost that does not exceed 30 percent of 60 percent of area median
line 30 income with adjustments for household size made in accordance
line 31 with the adjustment factors on which the lower income eligibility
line 32 limits are based. Housing units targeted for persons and families
line 33 of moderate income shall be made available at a monthly housing
line 34 cost that does not exceed 30 percent of 100 percent of area median
line 35 income with adjustments for household size made in accordance
line 36 with the adjustment factors on which the moderate-income
line 37 eligibility limits are based.
line 38 (4) “Area median income” means area median income as
line 39 periodically established by the Department of Housing and
line 40 Community Development pursuant to Section 50093 of the Health
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SB 330 — 17 —
line 1 and Safety Code. The developer shall provide sufficient legal
line 2 commitments to ensure continued availability of units for very low
line 3 or low-income households in accordance with the provisions of
line 4 this subdivision for 30 years.
line 5 (5) Notwithstanding any other law, until January 1, 2025,
line 6 “deemed complete” means that the applicant has submitted a
line 7 preliminary application pursuant to Section 65941.1.
line 8 (6) “Disapprove the housing development project” includes any
line 9 instance in which a local agency does either of the following:
line 10 (A) Votes on a proposed housing development project
line 11 application and the application is disapproved, including any
line 12 required land use approvals or entitlements necessary for the
line 13 issuance of a building permit.
line 14 (B) Fails to comply with the time periods specified in
line 15 subdivision (a) of Section 65950. An extension of time pursuant
line 16 to Article 5 (commencing with Section 65950) shall be deemed to
line 17 be an extension of time pursuant to this paragraph.
line 18 (7) “Lower density” includes any conditions that have the same
line 19 effect or impact on the ability of the project to provide housing.
line 20 (7)
line 21 (8) Until January 1, 2025, “objective” means involving no
line 22 personal or subjective judgment by a public official and being
line 23 uniformly verifiable by reference to an external and uniform
line 24 benchmark or criterion available and knowable by both the
line 25 development applicant or proponent and the public official.
line 26 (i) If any city, county, or city and county denies approval or
line 27 imposes conditions, including design changes, lower density, or
line 28 a reduction of the percentage of a lot that may be occupied by a
line 29 building or structure under the applicable planning and zoning in
line 30 force at the time the housing development project’s application is
line 31 deemed complete, that have a substantial adverse effect on the
line 32 viability or affordability of a housing development for very low,
line 33 low-, or moderate-income households, and the denial of the
line 34 development or the imposition of conditions on the development
line 35 is the subject of a court action which challenges the denial or the
line 36 imposition of conditions, then the burden of proof shall be on the
line 37 local legislative body to show that its decision is consistent with
line 38 the findings as described in subdivision (d), and that the findings
line 39 are supported by a preponderance of the evidence in the record,
line 40 and with the requirements of subdivision (o).
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line 1 (j) (1) When a proposed housing development project complies
line 2 with applicable, objective general plan, zoning, and subdivision
line 3 standards and criteria, including design review standards, in effect
line 4 at the time that the application was deemed complete, but the local
line 5 agency proposes to disapprove the project or to impose a condition
line 6 that the project be developed at a lower density, the local agency
line 7 shall base its decision regarding the proposed housing development
line 8 project upon written findings supported by a preponderance of the
line 9 evidence on the record that both of the following conditions exist:
line 10 (A) The housing development project would have a specific,
line 11 adverse impact upon the public health or safety unless the project
line 12 is disapproved or approved upon the condition that the project be
line 13 developed at a lower density. As used in this paragraph, a “specific,
line 14 adverse impact” means a significant, quantifiable, direct, and
line 15 unavoidable impact, based on objective, identified written public
line 16 health or safety standards, policies, or conditions as they existed
line 17 on the date the application was deemed complete.
line 18 (B) There is no feasible method to satisfactorily mitigate or
line 19 avoid the adverse impact identified pursuant to paragraph (1), other
line 20 than the disapproval of the housing development project or the
line 21 approval of the project upon the condition that it be developed at
line 22 a lower density.
line 23 (2) (A) If the local agency considers a proposed housing
line 24 development project to be inconsistent, not in compliance, or not
line 25 in conformity with an applicable plan, program, policy, ordinance,
line 26 standard, requirement, or other similar provision as specified in
line 27 this subdivision, it shall provide the applicant with written
line 28 documentation identifying the provision or provisions, and an
line 29 explanation of the reason or reasons it considers the housing
line 30 development to be inconsistent, not in compliance, or not in
line 31 conformity as follows:
line 32 (i) Within 30 days of the date that the application for the housing
line 33 development project is determined to be complete, if the housing
line 34 development project contains 150 or fewer housing units.
line 35 (ii) Within 60 days of the date that the application for the
line 36 housing development project is determined to be complete, if the
line 37 housing development project contains more than 150 units.
line 38 (B) If the local agency fails to provide the required
line 39 documentation pursuant to subparagraph (A), the housing
line 40 development project shall be deemed consistent, compliant, and
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line 1 in conformity with the applicable plan, program, policy, ordinance,
line 2 standard, requirement, or other similar provision.
line 3 (3) For purposes of this section, the receipt of a density bonus
line 4 pursuant to Section 65915 shall not constitute a valid basis on
line 5 which to find a proposed housing development project is
line 6 inconsistent, not in compliance, or not in conformity, with an
line 7 applicable plan, program, policy, ordinance, standard, requirement,
line 8 or other similar provision specified in this subdivision.
line 9 (4) For purposes of this section, a proposed housing development
line 10 project is not inconsistent with the applicable zoning standards
line 11 and criteria, and shall not require a rezoning, if the housing
line 12 development project is consistent with the objective general plan
line 13 standards and criteria but the zoning for the project site is
line 14 inconsistent with the general plan. If the local agency has complied
line 15 with paragraph (2), the local agency may require the proposed
line 16 housing development project to comply with the objective
line 17 standards and criteria of the zoning which is consistent with the
line 18 general plan, however, the standards and criteria shall be applied
line 19 to facilitate and accommodate development at the density allowed
line 20 on the site by the general plan and proposed by the proposed
line 21 housing development project.
line 22 (k) (1) (A) (i) The applicant, a person who would be eligible
line 23 to apply for residency in the development or emergency shelter,
line 24 or a housing organization may bring an action to enforce this
line 25 section. If, in any action brought to enforce this section, a court
line 26 finds that any of the following are met, the court shall issue an
line 27 order pursuant to clause (ii):
line 28 (I) The local agency, in violation of subdivision (d), disapproved
line 29 a housing development project or conditioned its approval in a
line 30 manner rendering it infeasible for the development of an emergency
line 31 shelter, or housing for very low, low-, or moderate-income
line 32 households, including farmworker housing, without making the
line 33 findings required by this section or without making findings
line 34 supported by a preponderance of the evidence.
line 35 (II) The local agency, in violation of subdivision (j), disapproved
line 36 a housing development project complying with applicable,
line 37 objective general plan and zoning standards and criteria, or imposed
line 38 a condition that the project be developed at a lower density, without
line 39 making the findings required by this section or without making
line 40 findings supported by a preponderance of the evidence.
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line 1 (III) (ia) Subject to sub-subclause (ib), the local agency, in
line 2 violation of subdivision (o), required or attempted to require a
line 3 housing development project to comply with an ordinance, policy,
line 4 or standard not adopted and in effect when a preliminary
line 5 application was submitted.
line 6 (ib) This subclause shall become inoperative on January 1, 2025.
line 7 (ii) If the court finds that one of the conditions in clause (i) is
line 8 met, the court shall issue an order or judgment compelling
line 9 compliance with this section within 60 days, including, but not
line 10 limited to, an order that the local agency take action on the housing
line 11 development project or emergency shelter. The court may issue
line 12 an order or judgment directing the local agency to approve the
line 13 housing development project or emergency shelter if the court
line 14 finds that the local agency acted in bad faith when it disapproved
line 15 or conditionally approved the housing development or emergency
line 16 shelter in violation of this section. The court shall retain jurisdiction
line 17 to ensure that its order or judgment is carried out and shall award
line 18 reasonable attorney’s fees and costs of suit to the plaintiff or
line 19 petitioner, except under extraordinary circumstances in which the
line 20 court finds that awarding fees would not further the purposes of
line 21 this section.
line 22 (B) (i) Upon a determination that the local agency has failed
line 23 to comply with the order or judgment compelling compliance with
line 24 this section within 60 days issued pursuant to subparagraph (A),
line 25 the court shall impose fines on a local agency that has violated this
line 26 section and require the local agency to deposit any fine levied
line 27 pursuant to this subdivision into a local housing trust fund. The
line 28 local agency may elect to instead deposit the fine into the Building
line 29 Homes and Jobs Fund, if Senate Bill 2 of the 2017–18 Regular
line 30 Session is enacted, or otherwise in the Housing Rehabilitation
line 31 Loan Fund. The fine shall be in a minimum amount of ten thousand
line 32 dollars ($10,000) per housing unit in the housing development
line 33 project on the date the application was deemed complete pursuant
line 34 to Section 65943. In determining the amount of fine to impose,
line 35 the court shall consider the local agency’s progress in attaining its
line 36 target allocation of the regional housing need pursuant to Section
line 37 65584 and any prior violations of this section. Fines shall not be
line 38 paid out of funds already dedicated to affordable housing,
line 39 including, but not limited to, Low and Moderate Income Housing
line 40 Asset Funds, funds dedicated to housing for very low, low-, and
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line 1 moderate-income households, and federal HOME Investment
line 2 Partnerships Program and Community Development Block Grant
line 3 Program funds. The local agency shall commit and expend the
line 4 money in the local housing trust fund within five years for the sole
line 5 purpose of financing newly constructed housing units affordable
line 6 to extremely low, very low, or low-income households. After five
line 7 years, if the funds have not been expended, the money shall revert
line 8 to the state and be deposited in the Building Homes and Jobs Fund,
line 9 if Senate Bill 2 of the 2017–18 Regular Session is enacted, or
line 10 otherwise in the Housing Rehabilitation Loan Fund, for the sole
line 11 purpose of financing newly constructed housing units affordable
line 12 to extremely low, very low, or low-income households.
line 13 (ii) If any money derived from a fine imposed pursuant to this
line 14 subparagraph is deposited in the Housing Rehabilitation Loan
line 15 Fund, then, notwithstanding Section 50661 of the Health and Safety
line 16 Code, that money shall be available only upon appropriation by
line 17 the Legislature.
line 18 (C) If the court determines that its order or judgment has not
line 19 been carried out within 60 days, the court may issue further orders
line 20 as provided by law to ensure that the purposes and policies of this
line 21 section are fulfilled, including, but not limited to, an order to vacate
line 22 the decision of the local agency and to approve the housing
line 23 development project, in which case the application for the housing
line 24 development project, as proposed by the applicant at the time the
line 25 local agency took the initial action determined to be in violation
line 26 of this section, along with any standard conditions determined by
line 27 the court to be generally imposed by the local agency on similar
line 28 projects, shall be deemed to be approved unless the applicant
line 29 consents to a different decision or action by the local agency.
line 30 (2) For purposes of this subdivision, “housing organization”
line 31 means a trade or industry group whose local members are primarily
line 32 engaged in the construction or management of housing units or a
line 33 nonprofit organization whose mission includes providing or
line 34 advocating for increased access to housing for low-income
line 35 households and have filed written or oral comments with the local
line 36 agency prior to action on the housing development project. A
line 37 housing organization may only file an action pursuant to this
line 38 section to challenge the disapproval of a housing development by
line 39 a local agency. A housing organization shall be entitled to
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line 1 reasonable attorney’s fees and costs if it is the prevailing party in
line 2 an action to enforce this section.
line 3 (l) If the court finds that the local agency (1) acted in bad faith
line 4 when it disapproved or conditionally approved the housing
line 5 development or emergency shelter in violation of this section and
line 6 (2) failed to carry out the court’s order or judgment within 60 days
line 7 as described in subdivision (k), the court, in addition to any other
line 8 remedies provided by this section, shall multiply the fine
line 9 determined pursuant to subparagraph (B) of paragraph (1) of
line 10 subdivision (k) by a factor of five. For purposes of this section,
line 11 “bad faith” includes, but is not limited to, an action that is frivolous
line 12 or otherwise entirely without merit.
line 13 (m) Any action brought to enforce the provisions of this section
line 14 shall be brought pursuant to Section 1094.5 of the Code of Civil
line 15 Procedure, and the local agency shall prepare and certify the record
line 16 of proceedings in accordance with subdivision (c) of Section 1094.6
line 17 of the Code of Civil Procedure no later than 30 days after the
line 18 petition is served, provided that the cost of preparation of the record
line 19 shall be borne by the local agency, unless the petitioner elects to
line 20 prepare the record as provided in subdivision (n) of this section.
line 21 A petition to enforce the provisions of this section shall be filed
line 22 and served no later than 90 days from the later of (1) the effective
line 23 date of a decision of the local agency imposing conditions on,
line 24 disapproving, or any other final action on a housing development
line 25 project or (2) the expiration of the time periods specified in
line 26 subparagraph (B) of paragraph (5) of subdivision (h). Upon entry
line 27 of the trial court’s order, a party may, in order to obtain appellate
line 28 review of the order, file a petition within 20 days after service
line 29 upon it of a written notice of the entry of the order, or within such
line 30 further time not exceeding an additional 20 days as the trial court
line 31 may for good cause allow, or may appeal the judgment or order
line 32 of the trial court under Section 904.1 of the Code of Civil
line 33 Procedure. If the local agency appeals the judgment of the trial
line 34 court, the local agency shall post a bond, in an amount to be
line 35 determined by the court, to the benefit of the plaintiff if the plaintiff
line 36 is the project applicant.
line 37 (n) In any action, the record of the proceedings before the local
line 38 agency shall be filed as expeditiously as possible and,
line 39 notwithstanding Section 1094.6 of the Code of Civil Procedure or
line 40 subdivision (m) of this section, all or part of the record may be
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line 1 prepared (1) by the petitioner with the petition or petitioner’s points
line 2 and authorities, (2) by the respondent with respondent’s points and
line 3 authorities, (3) after payment of costs by the petitioner, or (4) as
line 4 otherwise directed by the court. If the expense of preparing the
line 5 record has been borne by the petitioner and the petitioner is the
line 6 prevailing party, the expense shall be taxable as costs.
line 7 (o) (1) Subject to paragraphs (2), (6), and (7), and subdivision
line 8 (d) of Section 65941.1, a housing development project shall be
line 9 subject only to the preconstruction development ordinances,
line 10 policies, and standards adopted and in effect when a preliminary
line 11 application including all of the information required by subdivision
line 12 (a) of Section 65941.1 was submitted.
line 13 (2) Paragraph (1) shall not prohibit a housing development
line 14 project from being subject to preconstruction development
line 15 ordinances, policies, and standards adopted after the preliminary
line 16 application was submitted pursuant to Section 65941.1 in the
line 17 following circumstances:
line 18 (A) In the case of a fee, charge, or other monetary exaction, to
line 19 an increase resulting from an automatic annual adjustment based
line 20 on an independently published cost index that is referenced in the
line 21 ordinance or resolution establishing the fee or other monetary
line 22 exaction.
line 23 (B) A preponderance of the evidence in the record establishes
line 24 that subjecting the housing development project to an ordinance,
line 25 policy, or standard beyond those in effect when a preliminary
line 26 application was submitted is necessary to mitigate or avoid a
line 27 specific, adverse impact upon the public health or safety, as defined
line 28 in subparagraph (A) of paragraph (1) of subdivision (j), and there
line 29 is no feasible alternative method to satisfactorily mitigate or avoid
line 30 the adverse impact.
line 31 (C) Subjecting the housing development project to an ordinance,
line 32 policy, standard, or any other measure, beyond those in effect when
line 33 a preliminary application was submitted is necessary to avoid or
line 34 substantially lessen an impact of the project under the California
line 35 Environmental Quality Act (Division 13 (commencing with Section
line 36 21000) of the Public Resources Code).
line 37 (D) The housing development project has not commenced
line 38 construction within three two and one-half years following the
line 39 date that the project received final approval. For purposes of this
line 40 subparagraph, “final approval” means that the housing development
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line 1 project has received all necessary approvals to be eligible to apply
line 2 for, and obtain, a building permit or permits and either of the
line 3 following is met:
line 4 (i) The expiration of all applicable appeal periods, petition
line 5 periods, reconsideration periods, or statute of limitations for
line 6 challenging that final approval without an appeal, petition, request
line 7 for reconsideration, or legal challenge having been filed.
line 8 (ii) If a challenge is filed, that challenge is fully resolved or
line 9 settled in favor of the housing development project.
line 10 (E) The housing development project is revised following
line 11 submittal of a preliminary application pursuant to Section 65941.1
line 12 such that the number of residential units or square footage of
line 13 construction changes by 20 percent or more, exclusive of any
line 14 increase resulting from the receipt of a density bonus, incentive,
line 15 concession, waiver, or similar provision. For purposes of this
line 16 subdivision, “square footage of construction” means the building
line 17 area, as defined by the California Building Standards Code (Title
line 18 24 of the California Code of Regulations).
line 19 (3) This subdivision does not prevent a local agency from
line 20 subjecting the additional units or square footage of construction
line 21 that result from project revisions occurring after a preliminary
line 22 application is submitted pursuant to Section 65941.1 to the
line 23 ordinances, policies, and standards adopted and in effect when the
line 24 complete initial application was submitted.
line 25 (4) For purposes of this subdivision, “ordinances, policies, and
line 26 standards” includes general plan, community plan, specific plan,
line 27 zoning, design review standards and criteria, subdivision standards
line 28 and criteria, and any other rules, regulations, requirements, and
line 29 policies of a local agency, as defined in Section 66000, including
line 30 those relating to development impact fees, capacity or connection
line 31 fees or charges, permit or processing fees, and other exactions.
line 32 (5) This subdivision shall not be construed in a manner that
line 33 would lessen the restrictions imposed on a local agency, or lessen
line 34 the protections afforded to a housing development project, that are
line 35 established by any other law, including any other part of this
line 36 section.
line 37 (6) This subdivision shall not restrict the authority of a public
line 38 agency or local agency to require mitigation measures to lessen
line 39 the impacts of a housing development project under the California
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line 1 Environmental Quality Act (Division 13 (commencing with Section
line 2 21000) of the Public Resources Code).
line 3 (7) This subdivision shall become inoperative on January 1,
line 4 2025.
line 5 (p) This section shall be known, and may be cited, as the
line 6 Housing Accountability Act.
line 7 SEC. 4. Section 65905.5 is added to the Government Code, to
line 8 read:
line 9 65905.5. (a) Notwithstanding any other law, if a proposed
line 10 housing development project complies with the applicable,
line 11 objective general plan and zoning standards in effect at the time
line 12 an application is deemed complete, a city, county, or city and
line 13 county shall not conduct more than five hearings pursuant to
line 14 Section 65905, or any other law, ordinance, or regulation requiring
line 15 a public hearing in connection with the approval of that housing
line 16 development project. If the city, county, or city and county
line 17 continues a hearing subject to this section to another date, the
line 18 continued hearing shall count as one of the five hearings allowed
line 19 under this section. The city, county, or city and county shall
line 20 consider and either approve or disapprove the application at any
line 21 of the five hearings allowed under this section consistent with the
line 22 applicable timelines under the Permit Streamlining Act (Chapter
line 23 4.5 (commencing with Section 65920)).
line 24 (b) For purposes of this section:
line 25 (1) “Deemed complete” means that the application has met all
line 26 of the requirements specified in the relevant list compiled pursuant
line 27 to Section 65940 that was available at the time when the application
line 28 was submitted.
line 29 (2) “Hearing” includes any public hearing, workshop, or similar
line 30 meeting conducted by the city or county with respect to the housing
line 31 development project, whether by the legislative body of the city
line 32 or county, the planning agency established pursuant to Section
line 33 65100, or any other agency, department, board, commission, or
line 34 any other designated hearing officer or body of the city or county,
line 35 or any committee or subcommittee thereof. “Hearing” does not
line 36 include a hearing to review a legislative approval required for a
line 37 proposed housing development project, including, but not limited
line 38 to, a general plan amendment, a specific plan adoption or
line 39 amendment, or a zoning amendment, or any hearing arising from
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line 1 a timely appeal of the approval or disapproval of a legislative
line 2 approval.
line 3 (3) “Housing development project” has the same meaning as
line 4 defined in paragraph (2) of subdivision (h) of Section 65589.5.
line 5 (c) (1) For purposes of this section, a housing development
line 6 project shall be deemed consistent, compliant, and in conformity
line 7 with an applicable plan, program, policy, ordinance, standard,
line 8 requirement, or other similar provision if there is substantial
line 9 evidence that would allow a reasonable person to conclude that
line 10 the housing development project is consistent, compliant, or in
line 11 conformity.
line 12 (2) A proposed housing development project is not inconsistent
line 13 with the applicable zoning standards and criteria, and shall not
line 14 require a rezoning, if the housing development project is consistent
line 15 with the objective general plan standards and criteria, but the
line 16 zoning for the project site is inconsistent with the general plan. If
line 17 the local agency complies with the written documentation
line 18 requirements of paragraph (2) of subdivision (j) of Section 65589.5,
line 19 the local agency may require the proposed housing development
line 20 project to comply with the objective standards and criteria of the
line 21 zoning that is consistent with the general plan; however, the
line 22 standards and criteria shall be applied to facilitate and
line 23 accommodate development at the density allowed on the site by
line 24 the general plan and proposed by the proposed housing
line 25 development project.
line 26 (d) Nothing in this section supersedes, limits, or otherwise
line 27 modifies the requirements of, or the standards of review pursuant
line 28 to, Division 13 (commencing with Section 21000) of the Public
line 29 Resources Code.
line 30 (e) This section shall remain in effect only until January 1, 2025,
line 31 and as of that date is repealed.
line 32 SEC. 5. Section 65913.3 is added to the Government Code, to
line 33 read:
line 34 65913.3. (a) As used in this section:
line 35 (1) (A) Except as otherwise provided in subparagraph (B),
line 36 “affected city” means a city or city and county, including a charter
line 37 city, for which the Department of Housing and Community
line 38 Development determines, pursuant to subdivision (f), that the
line 39 average of both of the following amounts is greater than zero:
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line 1 (i) The percentage by which the city’s average rate of rent
line 2 differed from 130 percent of the national median rent in 2017,
line 3 based on the federal 2013–2017 American Community Survey
line 4 5-year Estimates.
line 5 (ii) The percentage by which the vacancy rate for residential
line 6 rental units differed from the national vacancy rate, based on the
line 7 federal 2013–2017 American Community Survey 5-year Estimates.
line 8 (B) Notwithstanding subparagraph (A), “affected city” does not
line 9 include any city that has a population of 5,000 or less and is not
line 10 located within an urban core.
line 11 (2) “Affected county” means the unincorporated portions of a
line 12 county that are wholly within the boundaries of an urbanized area
line 13 or urban cluster, as designated by the United States Census Bureau,
line 14 for which the Department of Housing and Community
line 15 Development determines, pursuant to subdivision (f), that the
line 16 average of both of the following amounts is greater than zero:
line 17 (A) The percentage by which the average rate of rent for
line 18 residential uses in the unincorporated portions of the county that
line 19 are wholly within the boundaries of an urbanized area or urban
line 20 cluster, as designated by the United States Census Bureau, differed
line 21 from 130 percent of the national median rent in 2017, based on
line 22 the federal 2013-2017 American Community Survey 5-year
line 23 Estimates.
line 24 (B) The percentage by which the vacancy rate for residential
line 25 rental units in the unincorporated portions of the county that are
line 26 wholly within the boundaries of an urbanized area or urban cluster,
line 27 as designated by the United States Census Bureau, differed from
line 28 the national vacancy rate, based on the federal 2013-2017 American
line 29 Community Survey 5-year Estimates.
line 30 (3) Notwithstanding any other law, for purposes of any action
line 31 that this section prohibits an affected county or an affected city
line 32 from doing, “affected county” and “affected city” includes the
line 33 electorate of the affected county or affected city, as applicable,
line 34 exercising its local initiative or referendum power with respect to
line 35 any act that is subject to that power by other law, whether that
line 36 power is derived from the California Constitution, statute, or the
line 37 charter or ordinances of the affected county or affected city.
line 38 (4) “Housing development project” has the same meaning as
line 39 defined in paragraph (2) of subdivision (h) of Section 65589.5.
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line 1 (b) Notwithstanding any other law, with respect to land where
line 2 housing is an allowable use on or after January 1, 2018, an affected
line 3 county or an affected city, as applicable, shall not impose any new,
line 4 or increase or enforce any existing, requirement that a proposed
line 5 housing development include parking, as applicable:
line 6 (1) A minimum parking requirement if the proposed housing
line 7 development is within one-quarter mile of a rail stop that is a major
line 8 transit stop, as defined in subdivision (b) of Section 21155 of the
line 9 Public Resources Code, there is unobstructed access to the major
line 10 transit stop from the proposed housing development, and the
line 11 proposed housing development is in an affected city that meets
line 12 either of the following:
line 13 (A) The affected city is located in a county with a population
line 14 of greater than 700,000.
line 15 (B) The affected city has a population of 100,000 or greater and
line 16 is located in a county with a population of 700,000 or less.
line 17 (2) A minimum parking requirement in excess of 0.5 spaces per
line 18 unit in affected cities that are not subject to paragraph (1).
line 19 (c) A proposed housing development project is not inconsistent
line 20 with the applicable zoning standards and criteria, and shall not
line 21 require a rezoning, if the housing development project is consistent
line 22 with the objective general plan standards and criteria in effect as
line 23 of January 1, 2018, but the zoning for the project site is inconsistent
line 24 with the general plan. If the local agency complies with the written
line 25 documentation requirements of paragraph (2) of subdivision (j) of
line 26 Section 65589.5, the local agency may require the proposed
line 27 housing development project to comply with the objective
line 28 standards and criteria of the zoning that is consistent with the
line 29 general plan, however, the standards and criteria shall be applied
line 30 to facilitate and accommodate development at the density allowed
line 31 on the site by the general plan and proposed by the proposed
line 32 housing development project.
line 33 (d) If the affected county or affected city approves an application
line 34 for a conditional use permit for a proposed housing development
line 35 project and that project would have been eligible for a higher
line 36 density under the affected county’s or affected city’s general plan
line 37 land use designation and zoning ordinances as in effect as of
line 38 January 1, 2018, the affected county or affected city shall allow
line 39 the project at that higher density.
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line 1 (e) Notwithstanding any other provision of this section, both of
line 2 the following shall apply:
line 3 (1) An affected city or an affected county shall not approve a
line 4 housing development project subject to this section that will require
line 5 the demolition of residential dwelling units unless both of the
line 6 following requirements are met:
line 7 (A) The project will create at least as many residential dwelling
line 8 units as will be demolished.
line 9 (B) The affected city or affected county is not prohibited from
line 10 approving the demolition of the residential dwelling units pursuant
line 11 to any local ordinance or other law.
line 12 (2) An affected city or an affected county shall not approve a
line 13 housing development project subject to this section that will require
line 14 the demolition of occupied or vacant protected units, unless all of
line 15 the following apply:
line 16 (A) (i) The project will replace all existing or demolished
line 17 protected units.
line 18 (ii) Any protected units replaced pursuant to this subparagraph
line 19 shall be considered in determining whether the housing
line 20 development project satisfies the requirements of Section 65915
line 21 or a locally adopted requirement that requires, as a condition of
line 22 the development of residential rental units, that the project provide
line 23 a certain percentage of residential rental units affordable to, and
line 24 occupied by, households with incomes that do not exceed the limits
line 25 for moderate-income, lower income, very low income, or extremely
line 26 low income households, as specified in Sections 50079.5, 50093,
line 27 50105, and 50106 of the Health and Safety Code.
line 28 (iii) Notwithstanding clause (i), a protected unit that is or was,
line 29 within the five-year period preceding the application, subject to a
line 30 form of rent or price control through a local government’s valid
line 31 exercise of its police power, and that is or was occupied by persons
line 32 or families above lower income, the affected city or affected county
line 33 may do either of the following:
line 34 (I) Require that the replacement units be made available at
line 35 affordable rent or affordable housing cost to, and occupied by,
line 36 low-income persons or families. If the replacement units will be
line 37 rental dwelling units, these units shall be subject to a recorded
line 38 affordability restriction for at least 55 years.
line 39 (II) Require that the units be replaced in compliance with the
line 40 jurisdiction‘s rent or price control ordinance, provided that each
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line 1 unit is replaced. Unless otherwise required by the affected city or
line 2 affected county‘s rent or price control ordinance, these units shall
line 3 not be subject to a recorded affordability restriction.
line 4 (B) The housing development project will include at least as
line 5 many residential dwelling units as the greatest number of
line 6 residential dwelling units that existed on the project site within the
line 7 last five years, unless the project will be 100 percent affordable,
line 8 exclusive of a managers unit or units, to lower income or very
line 9 low-income households.
line 10 (C) Any existing residents will be allowed to occupy their units
line 11 until six months before the start of construction activities with
line 12 proper notice, subject to Chapter 16 (commencing with Section
line 13 7260) of Division 7 of Title 1.
line 14 (D) The developer agrees to provide both of the following to
line 15 the occupants of any protected units:
line 16 (i) Relocation benefits, to the occupants of those affordable
line 17 residential rental units, subject to Chapter 16 (commencing with
line 18 Section 7260) of Division 7 of Title 1.
line 19 (ii) A right of first refusal for a comparable unit available in the
line 20 new housing development affordable to the household at an
line 21 affordable rent, as defined in Section 50053 of the Health and
line 22 Safety Code, or an affordable housing cost, as defined in 50052.5.
line 23 (E) The affected city or affected county is not prohibited from
line 24 approving the demolition of the residential dwelling units pursuant
line 25 to any local ordinance or other law.
line 26 (F) For purposes of this paragraph:
line 27 (i) “Equivalent size” means that the replacement units contain
line 28 at least the same total number of bedrooms as the units being
line 29 replaced.
line 30 (ii) “Protected units” means any of the following:
line 31 (I) Residential dwelling units that are or were subject to a
line 32 recorded covenant, ordinance, or law that restricts rents to levels
line 33 affordable to persons and families of lower or very low income
line 34 within the past five years.
line 35 (II) Residential dwelling units that are or were subject to any
line 36 form of rent or price control through a public entity’s valid exercise
line 37 of its police power within the past five years.
line 38 (III) Residential dwelling units that are or were occupied by
line 39 lower or very low income households within the past five years.
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line 1 (IV) Residential dwelling units that were withdrawn from rent
line 2 or lease in accordance with Chapter 12.75 (commencing with
line 3 Section 7060) of Division 7 of Title 1 within the past ten years.
line 4 (iii) “Replace” shall have the same meaning as provided in
line 5 subparagraph (B) of paragraph (3) or subdivision (c) of Section
line 6 65915.
line 7 (3) This subdivision shall not supersede any provision of a
line 8 locally adopted ordinance that places greater restrictions on the
line 9 demolition of residential dwelling units or the subdivision of
line 10 residential rental units, or that requires greater relocation assistance
line 11 to displaced households.
line 12 (f) The Department of Housing and Community Development
line 13 shall determine those cities and counties in this state that are
line 14 affected cities and affected counties, in accordance with subdivision
line 15 (a), by June 30, 2020. The department’s determination shall remain
line 16 valid until January 1, 2025.
line 17 (g) (1) Except as provided in paragraphs (3) and (4) and in
line 18 subdivision (h), this section shall prevail over any conflicting
line 19 provision of this title or other law regulating housing development
line 20 in this state to the extent that this section more fully advances the
line 21 intent specified in paragraph (2).
line 22 (2) It is the intent of the Legislature that this section be construed
line 23 so as to maximize the development of housing within this state.
line 24 Any exception to the requirements of this section, including an
line 25 exception for the health and safety of occupants of a housing
line 26 development project, shall be construed narrowly.
line 27 (3) This section shall not be construed as prohibiting planning
line 28 standards that allow greater density in or reduce the costs to a
line 29 housing development project or mitigation measures that are
line 30 necessary to comply with the California Environmental Quality
line 31 Act (Division 13 (commencing with Section 21000) of the Public
line 32 Resources Code).
line 33 (4) This section shall not apply to a housing development project
line 34 located within a very high fire hazard severity zone. For purposes
line 35 of this paragraph, “very high fire hazard severity zone” has the
line 36 same meaning as provided in Section 51177.
line 37 (h) (1) Nothing in this section supersedes, limits, or otherwise
line 38 modifies the requirements of, or the standards of review pursuant
line 39 to, Division 13 (commencing with Section 21000) of the Public
line 40 Resources Code.
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line 1 (2) Nothing in this section supersedes, limits, or otherwise
line 2 modifies the requirements of the California Coastal Act of 1976
line 3 (Division 20 (commencing with Section 30000) of the Public
line 4 Resources Code).
line 5 (i) This section shall remain in effect only until January 1,
line 6 2025, and as of that date is repealed.
line 7 SEC. 6.
line 8 SEC. 5. Section 65913.10 is added to the Government Code,
line 9 to read:
line 10 65913.10. (a) For purposes of any state or local law, ordinance,
line 11 or regulation that requires the city or county to determine whether
line 12 the site of a proposed housing development project is a historic
line 13 site, the city or county shall make that determination at the time
line 14 the application for the housing development project is deemed
line 15 complete. A determination as to whether a parcel of property is a
line 16 historic site shall remain valid during the pendency of the housing
line 17 development project for which the application was made unless
line 18 any archaeological, paleontological, or tribal cultural resources
line 19 are encountered during any grading, site disturbance, or building
line 20 alteration activities.
line 21 (b) For purposes of this section:
line 22 (1) “Deemed complete” means that the application has met all
line 23 of the requirements specified in the relevant list compiled pursuant
line 24 to Section 65940 that was available at the time when the application
line 25 was submitted.
line 26 (2) “Housing development project” has the same meaning as
line 27 defined in paragraph (2) of subdivision (h) of Section 65589.5.
line 28 (c) (1) Nothing in this section supersedes, limits, or otherwise
line 29 modifies the requirements of, or the standards of review pursuant
line 30 to, Division 13 (commencing with Section 21000) of the Public
line 31 Resources Code.
line 32 (2) Nothing in this section supersedes, limits, or otherwise
line 33 modifies the requirements of the California Coastal Act of 1976
line 34 (Division 20 (commencing with Section 30000) of the Public
line 35 Resources Code).
line 36 (d) This section shall remain in effect only until January 1, 2025,
line 37 and as of that date is repealed.
line 38 SEC. 7.
line 39 SEC. 6. Section 65941.1 is added to the Government Code, to
line 40 read:
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SB 330 — 33 —
line 1 65941.1. (a) An applicant for a housing development project,
line 2 as defined in paragraph (2) of subdivision (h) of Section 65589.5,
line 3 shall be deemed to have submitted a preliminary application upon
line 4 providing all of the following information about the proposed
line 5 project to the city, county, or city and county from which approval
line 6 for the project is being sought and upon payment of the permit
line 7 processing fee:
line 8 (1) The specific location, including parcel numbers, a legal
line 9 description, and site address, if applicable.
line 10 (2) The existing uses on the project site and identification of
line 11 major physical alterations to the property on which the project is
line 12 to be located.
line 13 (3) A site plan showing the location on the property, elevations
line 14 showing design, color, and material, and the massing, height, and
line 15 approximate square footage, of each building that is to be occupied.
line 16 (4) The proposed land uses by number of units and square feet
line 17 of residential and nonresidential development using the categories
line 18 in the applicable zoning ordinance.
line 19 (5) The proposed number of parking spaces.
line 20 (6) Any proposed point sources of air or water pollutants.
line 21 (7) Any species of special concern known to occur on the
line 22 property.
line 23 (8) Any portion of the property located within any of the
line 24 following:
line 25 (A) A very high fire hazard severity zone, as determined by the
line 26 Department of Forestry and Fire Protection pursuant to Section
line 27 51178.
line 28 (B) Wetlands, as defined in the United States Fish and Wildlife
line 29 Service Manual, Part 660 FW 2 (June 21, 1993).
line 30 (C) A hazardous waste site that is listed pursuant to Section
line 31 65962.5 or a hazardous waste site designated by the Department
line 32 of Toxic Substances Control pursuant to Section 25356 of the
line 33 Health and Safety Code.
line 34 (D) A special flood hazard area subject to inundation by the 1
line 35 percent annual chance flood (100-year flood) as determined by
line 36 the Federal Emergency Management Agency in any official maps
line 37 published by the Federal Emergency Management Agency.
line 38 (E) A delineated earthquake fault zone as determined by the
line 39 State Geologist in any official maps published by the State
line 40 Geologist, unless the development complies with applicable seismic
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line 1 protection building code standards adopted by the California
line 2 Building Standards Commission under the California Building
line 3 Standards Law (Part 2.5 (commencing with Section 18901) of
line 4 Division 13 of the Health and Safety Code), and by any local
line 5 building department under Chapter 12.2 (commencing with Section
line 6 8875) of Division 1 of Title 2.
line 7 (9) Any historic or cultural resources known to exist on the
line 8 property.
line 9 (10) The number of proposed below market rate units and their
line 10 affordability levels.
line 11 (11) The number of bonus units and any incentives, concessions,
line 12 waivers, or parking reductions requested pursuant to Section 65915.
line 13 (12) Whether any approvals under the Subdivision Map Act,
line 14 including, but not limited to, a parcel map, a tentative map, or a
line 15 condominium map, are being requested.
line 16 (13) The applicant’s contact information and, if the applicant
line 17 does not own the property, consent from the property owner to
line 18 submit the application.
line 19 (b) (1) Each local agency shall compile a checklist and
line 20 application form that applicants for housing development projects
line 21 may use for the purpose of satisfying the requirements for submittal
line 22 of a preliminary application.
line 23 (2) The Department of Housing and Community Development
line 24 shall adopt a standardized form that applicants for housing
line 25 development projects may use for the purpose of satisfying the
line 26 requirements for submittal of a preliminary application if a local
line 27 agency has not developed its own application form pursuant to
line 28 paragraph (1). Adoption of the standardized form shall not be
line 29 subject to Chapter 3.5 (commencing with Section 11340) of Part
line 30 1 of Division 3 of Title 2 of the Government Code.
line 31 (3) A checklist or form shall not require or request any
line 32 information beyond that expressly identified in subdivision (a).
line 33 (c) After submittal of all of the information required by
line 34 subdivision (a), if the development proponent revises the project
line 35 such that the number of residential units or square footage of
line 36 construction changes by 20 percent or more, exclusive of any
line 37 increase resulting from the receipt of a density bonus, incentive,
line 38 concession, waiver, or similar provision, the housing development
line 39 project shall not be deemed to have submitted a preliminary
line 40 application that satisfies this section until the development
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SB 330 — 35 —
line 1 proponent resubmits the information required by subdivision (a)
line 2 so that it reflects the revisions. For purposes of this subdivision,
line 3 “square footage of construction” means the building area, as
line 4 defined by the California Building Standards Code (Title 24 of the
line 5 California Code of Regulations).
line 6 (d) (1) Within 180 calendar days after submitting a preliminary
line 7 application to a city, county, or city and county, the development
line 8 proponent shall submit an application for a development project
line 9 that includes all of the information required to process the
line 10 development application consistent with Sections 65940, 65941,
line 11 and 65941.5.
line 12 (2) If the public agency determines that the application for the
line 13 development project is not complete pursuant to Section 65943,
line 14 the development proponent shall submit the specific information
line 15 needed to complete the application within 90 days of receiving the
line 16 agency’s written identification of the necessary information. If the
line 17 development proponent does not submit this information within
line 18 the 90-day period, then the preliminary application shall expire
line 19 and have no further force or effect.
line 20 (3) This section shall not require an affirmative determination
line 21 by a city, county, or city and county regarding the completeness
line 22 of a preliminary application or a development application for
line 23 purposes of compliance with this section.
line 24 (e) This section shall remain in effect only until January 1, 2025,
line 25 and as of that date is repealed.
line 26 SEC. 8.
line 27 SEC. 7. Section 65943 of the Government Code is amended
line 28 to read:
line 29 65943. (a) Not later than 30 calendar days after any public
line 30 agency has received an application for a development project, the
line 31 agency shall determine in writing whether the application is
line 32 complete and shall immediately transmit the determination to the
line 33 applicant for the development project. If the application is
line 34 determined to be incomplete, the lead agency shall provide the
line 35 applicant with an exhaustive list of items that were not complete.
line 36 That list shall be limited to those items actually required on the
line 37 lead agency’s submittal requirement checklist. In any subsequent
line 38 review of the application determined to be incomplete, the local
line 39 agency shall not request the applicant to provide any new
line 40 information that was not stated in the initial list of items that were
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line 1 not complete. If the written determination is not made within 30
line 2 days after receipt of the application, and the application includes
line 3 a statement that it is an application for a development permit, the
line 4 application shall be deemed complete for purposes of this chapter.
line 5 Upon receipt of any resubmittal of the application, a new 30-day
line 6 period shall begin, during which the public agency shall determine
line 7 the completeness of the application. If the application is determined
line 8 not to be complete, the agency’s determination shall specify those
line 9 parts of the application which are incomplete and shall indicate
line 10 the manner in which they can be made complete, including a list
line 11 and thorough description of the specific information needed to
line 12 complete the application. The applicant shall submit materials to
line 13 the public agency in response to the list and description.
line 14 (b) Not later than 30 calendar days after receipt of the submitted
line 15 materials described in subdivision (a), the public agency shall
line 16 determine in writing whether the application as supplemented or
line 17 amended by the submitted materials is complete and shall
line 18 immediately transmit that determination to the applicant. In making
line 19 this determination, the public agency is limited to determining
line 20 whether the application as supplemented or amended includes the
line 21 information required by the list and a thorough description of the
line 22 specific information needed to complete the application required
line 23 by subdivision (a). If the written determination is not made within
line 24 that 30-day period, the application together with the submitted
line 25 materials shall be deemed complete for purposes of this chapter.
line 26 (c) If the application together with the submitted materials are
line 27 determined not to be complete pursuant to subdivision (b), the
line 28 public agency shall provide a process for the applicant to appeal
line 29 that decision in writing to the governing body of the agency or, if
line 30 there is no governing body, to the director of the agency, as
line 31 provided by that agency. A city or county shall provide that the
line 32 right of appeal is to the governing body or, at their option, the
line 33 planning commission, or both.
line 34 There shall be a final written determination by the agency on
line 35 the appeal not later than 60 calendar days after receipt of the
line 36 applicant’s written appeal. The fact that an appeal is permitted to
line 37 both the planning commission and to the governing body does not
line 38 extend the 60-day period. Notwithstanding a decision pursuant to
line 39 subdivision (b) that the application and submitted materials are
line 40 not complete, if the final written determination on the appeal is
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SB 330 — 37 —
line 1 not made within that 60-day period, the application with the
line 2 submitted materials shall be deemed complete for the purposes of
line 3 this chapter.
line 4 (d) Nothing in this section precludes an applicant and a public
line 5 agency from mutually agreeing to an extension of any time limit
line 6 provided by this section.
line 7 (e) A public agency may charge applicants a fee not to exceed
line 8 the amount reasonably necessary to provide the service required
line 9 by this section. If a fee is charged pursuant to this section, the fee
line 10 shall be collected as part of the application fee charged for the
line 11 development permit.
line 12 (f) Each city and each county shall make copies of any list
line 13 compiled pursuant to Section 65940 with respect to information
line 14 required from an applicant for a housing development project, as
line 15 that term is defined in paragraph (2) of subdivision (h) of Section
line 16 65589.5, available both (1) in writing to those persons to whom
line 17 the agency is required to make information available under
line 18 subdivision (a) of that section, and (2) publicly available on the
line 19 internet website of the city or county.
line 20 (g) This section shall remain in effect only until January 1, 2025,
line 21 and as of that date is repealed.
line 22 SEC. 9.
line 23 SEC. 8. Section 65943 is added to the Government Code, to
line 24 read:
line 25 65943. (a) Not later than 30 calendar days after any public
line 26 agency has received an application for a development project, the
line 27 agency shall determine in writing whether the application is
line 28 complete and shall immediately transmit the determination to the
line 29 applicant for the development project. If the written determination
line 30 is not made within 30 days after receipt of the application, and the
line 31 application includes a statement that it is an application for a
line 32 development permit, the application shall be deemed complete for
line 33 purposes of this chapter. Upon receipt of any resubmittal of the
line 34 application, a new 30-day period shall begin, during which the
line 35 public agency shall determine the completeness of the application.
line 36 If the application is determined not to be complete, the agency’s
line 37 determination shall specify those parts of the application which
line 38 are incomplete and shall indicate the manner in which they can be
line 39 made complete, including a list and thorough description of the
line 40 specific information needed to complete the application. The
91
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line 1 applicant shall submit materials to the public agency in response
line 2 to the list and description.
line 3 (b) Not later than 30 calendar days after receipt of the submitted
line 4 materials, the public agency shall determine in writing whether
line 5 they are complete and shall immediately transmit that determination
line 6 to the applicant. If the written determination is not made within
line 7 that 30-day period, the application together with the submitted
line 8 materials shall be deemed complete for purposes of this chapter.
line 9 (c) If the application together with the submitted materials are
line 10 determined not to be complete pursuant to subdivision (b), the
line 11 public agency shall provide a process for the applicant to appeal
line 12 that decision in writing to the governing body of the agency or, if
line 13 there is no governing body, to the director of the agency, as
line 14 provided by that agency. A city or county shall provide that the
line 15 right of appeal is to the governing body or, at their option, the
line 16 planning commission, or both.
line 17 There shall be a final written determination by the agency on
line 18 the appeal not later than 60 calendar days after receipt of the
line 19 applicant’s written appeal. The fact that an appeal is permitted to
line 20 both the planning commission and to the governing body does not
line 21 extend the 60-day period. Notwithstanding a decision pursuant to
line 22 subdivision (b) that the application and submitted materials are
line 23 not complete, if the final written determination on the appeal is
line 24 not made within that 60-day period, the application with the
line 25 submitted materials shall be deemed complete for the purposes of
line 26 this chapter.
line 27 (d) Nothing in this section precludes an applicant and a public
line 28 agency from mutually agreeing to an extension of any time limit
line 29 provided by this section.
line 30 (e) A public agency may charge applicants a fee not to exceed
line 31 the amount reasonably necessary to provide the service required
line 32 by this section. If a fee is charged pursuant to this section, the fee
line 33 shall be collected as part of the application fee charged for the
line 34 development permit.
line 35 (f) This section shall become operative on January 1, 2025.
line 36 SEC. 10.
line 37 SEC. 9. Section 65950 of the Government Code is amended
line 38 to read:
91
SB 330 — 39 —
line 1 65950. (a) A public agency that is the lead agency for a
line 2 development project shall approve or disapprove the project within
line 3 whichever of the following periods is applicable:
line 4 (1) One hundred eighty days from the date of certification by
line 5 the lead agency of the environmental impact report, if an
line 6 environmental impact report is prepared pursuant to Section 21100
line 7 or 21151 of the Public Resources Code for the development project.
line 8 (2) Ninety days from the date of certification by the lead agency
line 9 of the environmental impact report, if an environmental impact
line 10 report is prepared pursuant to Section 21100 or 21151 of the Public
line 11 Resources Code for a development project defined in subdivision
line 12 (c).
line 13 (3) Sixty days from the date of certification by the lead agency
line 14 of the environmental impact report, if an environmental impact
line 15 report is prepared pursuant to Section 21100 or 21151 of the Public
line 16 Resources Code for a development project defined in subdivision
line 17 (c) and all of the following conditions are met:
line 18 (A) At least 49 percent of the units in the development project
line 19 are affordable to very low or low-income households, as defined
line 20 by Sections 50105 and 50079.5 of the Health and Safety Code,
line 21 respectively. Rents for the lower income units shall be set at an
line 22 affordable rent, as that term is defined in Section 50053 of the
line 23 Health and Safety Code, for at least 30 years. Owner-occupied
line 24 units shall be available at an affordable housing cost, as that term
line 25 is defined in Section 50052.5 of the Health and Safety Code.
line 26 (B) Prior to the application being deemed complete for the
line 27 development project pursuant to Article 3 (commencing with
line 28 Section 65940), the lead agency received written notice from the
line 29 project applicant that an application has been made or will be made
line 30 for an allocation or commitment of financing, tax credits, bond
line 31 authority, or other financial assistance from a public agency or
line 32 federal agency, and the notice specifies the financial assistance
line 33 that has been applied for or will be applied for and the deadline
line 34 for application for that assistance, the requirement that one of the
line 35 approvals of the development project by the lead agency is a
line 36 prerequisite to the application for or approval of the application
line 37 for financial assistance, and that the financial assistance is
line 38 necessary for the project to be affordable as required pursuant to
line 39 subparagraph (A).
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line 1 (C) There is confirmation that the application has been made
line 2 to the public agency or federal agency prior to certification of the
line 3 environmental impact report.
line 4 (4) Sixty days from the date of adoption by the lead agency of
line 5 the negative declaration, if a negative declaration is completed and
line 6 adopted for the development project.
line 7 (5) Sixty days from the determination by the lead agency that
line 8 the project is exempt from the California Environmental Quality
line 9 Act (Division 13 (commencing with Section 21000) of the Public
line 10 Resources Code), if the project is exempt from that act.
line 11 (b) This section does not preclude a project applicant and a
line 12 public agency from mutually agreeing in writing to an extension
line 13 of any time limit provided by this section pursuant to Section
line 14 65957.
line 15 (c) For purposes of paragraphs (2) and (3) of subdivision (a)
line 16 and Section 65952, “development project” means a housing
line 17 development project, as that term is defined in paragraph (2) of
line 18 subdivision (h) of Section 65589.5.
line 19 (d) For purposes of this section, “lead agency” and “negative
line 20 declaration” have the same meaning as defined in Sections 21067
line 21 and 21064 of the Public Resources Code, respectively.
line 22 (e) This section shall remain in effect only until January 1, 2025,
line 23 and as of that date is repealed.
line 24 SEC. 11.
line 25 SEC. 10. Section 65950 is added to the Government Code, to
line 26 read:
line 27 65950. (a) A public agency that is the lead agency for a
line 28 development project shall approve or disapprove the project within
line 29 whichever of the following periods is applicable:
line 30 (1) One hundred eighty days from the date of certification by
line 31 the lead agency of the environmental impact report, if an
line 32 environmental impact report is prepared pursuant to Section 21100
line 33 or 21151 of the Public Resources Code for the development project.
line 34 (2) One hundred twenty days from the date of certification by
line 35 the lead agency of the environmental impact report, if an
line 36 environmental impact report is prepared pursuant to Section 21100
line 37 or 21151 of the Public Resources Code for a development project
line 38 defined in subdivision (c).
line 39 (3) Ninety days from the date of certification by the lead agency
line 40 of the environmental impact report, if an environmental impact
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SB 330 — 41 —
line 1 report is prepared pursuant to Section 21100 or 21151 of the Public
line 2 Resources Code for a development project defined in subdivision
line 3 (c) and all of the following conditions are met:
line 4 (A) At least 49 percent of the units in the development project
line 5 are affordable to very low or low-income households, as defined
line 6 by Sections 50105 and 50079.5 of the Health and Safety Code,
line 7 respectively. Rents for the lower income units shall be set at an
line 8 affordable rent, as that term is defined in Section 50053 of the
line 9 Health and Safety Code, for at least 30 years. Owner-occupied
line 10 units shall be available at an affordable housing cost, as that term
line 11 is defined in Section 50052.5 of the Health and Safety Code.
line 12 (B) Prior to the application being deemed complete for the
line 13 development project pursuant to Article 3 (commencing with
line 14 Section 65940), the lead agency received written notice from the
line 15 project applicant that an application has been made or will be made
line 16 for an allocation or commitment of financing, tax credits, bond
line 17 authority, or other financial assistance from a public agency or
line 18 federal agency, and the notice specifies the financial assistance
line 19 that has been applied for or will be applied for and the deadline
line 20 for application for that assistance, the requirement that one of the
line 21 approvals of the development project by the lead agency is a
line 22 prerequisite to the application for or approval of the application
line 23 for financial assistance, and that the financial assistance is
line 24 necessary for the project to be affordable as required pursuant to
line 25 subparagraph (A).
line 26 (C) There is confirmation that the application has been made
line 27 to the public agency or federal agency prior to certification of the
line 28 environmental impact report.
line 29 (4) Sixty days from the date of adoption by the lead agency of
line 30 the negative declaration, if a negative declaration is completed and
line 31 adopted for the development project.
line 32 (5) Sixty days from the determination by the lead agency that
line 33 the project is exempt from the California Environmental Quality
line 34 Act (Division 13 (commencing with Section 21000) of the Public
line 35 Resources Code), if the project is exempt from that act.
line 36 (b) This section does not preclude a project applicant and a
line 37 public agency from mutually agreeing in writing to an extension
line 38 of any time limit provided by this section pursuant to Section
line 39 65957.
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line 1 (c) For purposes of paragraphs (2) and (3) of subdivision (a)
line 2 and Section 65952, “development project” means a use consisting
line 3 of either of the following:
line 4 (1) Residential units only.
line 5 (2) Mixed-use developments consisting of residential and
line 6 nonresidential uses in which the nonresidential uses are less than
line 7 50 percent of the total square footage of the development and are
line 8 limited to neighborhood commercial uses and to the first floor of
line 9 buildings that are two or more stories. As used in this paragraph,
line 10 “neighborhood commercial” means small-scale general or specialty
line 11 stores that furnish goods and services primarily to residents of the
line 12 neighborhood.
line 13 (d) For purposes of this section, “lead agency” and “negative
line 14 declaration” have the same meaning as defined in Sections 21067
line 15 and 21064 of the Public Resources Code, respectively.
line 16 (e) This section shall become operative on January 1, 2025.
line 17 SEC. 12.
line 18 SEC. 11. Section 65950.2 is added to the Government Code,
line 19 to read:
line 20 65950.2. (a) Notwithstanding any other law, the deadlines
line 21 specified in this article are mandatory.
line 22 (b) This section shall remain in effect only until January 1, 2025,
line 23 and as of that date is repealed.
line 24 SEC. 13.
line 25 SEC. 12. Chapter 12 (commencing with Section 66300) is
line 26 added to Division 1 of Title 7 of the Government Code, to read:
line 27
line 28 Chapter 12. Housing Crisis Act of 2019
line 29
line 30 66300. (a) As used in this section:
line 31 (1) (A) Except as otherwise provided in subparagraph (B),
line 32 “affected city” means a city, including a charter city, for which
line 33 the Department of Housing and Community Development
line 34 determines, pursuant to subdivision (d), (e), that the average of
line 35 both of the following amounts is greater than zero:
line 36 (i) The percentage by which the city’s average rate of rent
line 37 differed from 130 percent of the national median rent in 2017,
line 38 based on the federal 2013-2017 American Community Survey
line 39 5-year Estimates.
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SB 330 — 43 —
line 1 (ii) The percentage by which the vacancy rate for residential
line 2 rental units differed from the national vacancy rate, based on the
line 3 federal 2013-2017 American Community Survey 5-year Estimates.
line 4 (B) Notwithstanding subparagraph (A), “affected city” does not
line 5 include any city that has a population of 5,000 or less and is not
line 6 located within an urban core.
line 7 (2) “Affected county” means the unincorporated portions of a
line 8 county that are wholly within the boundaries of an urbanized area
line 9 or urban cluster, as designated by the United States Census Bureau,
line 10 for which the Department of Housing and Community
line 11 Development determines, pursuant to subdivision (f), (g), that the
line 12 average of both of the following amounts is greater than zero:
line 13 (A) The percentage by which the average rate of rent for
line 14 residential uses in the unincorporated portions of the county that
line 15 are wholly within the boundaries of an urbanized area or urban
line 16 cluster, as designated by the United States Census Bureau, differed
line 17 from 130 percent of the national median rent in 2017, based on
line 18 the federal 2013–2017 American Community Survey 5-year
line 19 Estimates.
line 20 (B) The percentage by which the vacancy rate for residential
line 21 rental units in the unincorporated portions of the county that are
line 22 wholly within the boundaries of an urbanized area or urban cluster,
line 23 as designated by the United States Census Bureau, differed from
line 24 the national vacancy rate, based on the federal 2013–2017
line 25 American Community Survey 5-year Estimates.
line 26 (3) Notwithstanding any other law, “affected county“ and
line 27 “affected city” includes the electorate of an affected county or city
line 28 exercising its local initiative or referendum power, whether that
line 29 power is derived from the California Constitution, statute, or the
line 30 charter or ordinances of the affected county or city.
line 31 (4) “Department” means the Department of Housing and
line 32 Community Development.
line 33 (5) “Development policy, standard, or condition” means any of
line 34 the following:
line 35 (A) A provision of, or amendment to, a general plan.
line 36 (B) A provision of, or amendment to, a specific plan.
line 37 (C) A provision of, or amendment to, a zoning ordinance.
line 38 (D) A subdivision standard or criterion.
line 39 (6) “Housing development project” has the same meaning as
line 40 defined in paragraph (2) of subdivision (h) of Section 65589.5.
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line 1 (7) “Objective design standard” means a design standard that
line 2 involve no personal or subjective judgment by a public official
line 3 and is uniformly verifiable by reference to an external and uniform
line 4 benchmark or criterion available and knowable by both the
line 5 development applicant or proponent and the public official before
line 6 submittal of an application.
line 7 (b) (1) Notwithstanding any other law except as provided in
line 8 subdivision (i), with respect to land where housing is an allowable
line 9 use on or after January 1, 2018, use, an affected county or an
line 10 affected city shall not enact a development policy, standard, or
line 11 condition that would have any of the following effects:
line 12 (A) Changing the general plan land use designation, specific
line 13 plan land use designation, or zoning of a parcel or parcels of
line 14 property to a less intensive use or reducing the intensity of land
line 15 use within an existing general plan land use designation, specific
line 16 plan land use designation, or zoning district below what was
line 17 allowed under the land use designation and zoning ordinances of
line 18 the affected county or affected city, as applicable, as in effect on
line 19 January 1, 2018, except as otherwise provided in clause (ii) of
line 20 subparagraph (B). For purposes of this subparagraph, “less
line 21 intensive use” includes, but is not limited to, reductions to height,
line 22 density, or floor area ratio, new or increased open space or lot size
line 23 requirements, or new or increased setback requirements, minimum
line 24 frontage requirements, or maximum lot coverage limitations, or
line 25 anything that would lessen the intensity of housing, as defined in
line 26 paragraph (1) of subdivision (f). (g).
line 27 (B) (i) Imposing a moratorium or similar restriction or limitation
line 28 on housing development, including mixed-use development, within
line 29 all or a portion of the jurisdiction of the affected county or city,
line 30 other than to specifically protect against an imminent threat to the
line 31 health and safety of persons residing in, or within the immediate
line 32 vicinity of, the area subject to the moratorium or for projects
line 33 specifically identified as existing restricted affordable housing.
line 34 (ii) The affected county or affected city, as applicable, shall not
line 35 enforce a zoning ordinance imposing a moratorium or other similar
line 36 restriction on or limitation of housing development until it has
line 37 submitted the ordinance to, and received approval from, the
line 38 department. The department shall approve a zoning ordinance
line 39 submitted to it pursuant to this subparagraph only if it determines
line 40 that the zoning ordinance satisfies the requirements of this
91
SB 330 — 45 —
line 1 subparagraph. If the department denies approval of a zoning
line 2 ordinance imposing a moratorium or similar restriction or limitation
line 3 on housing development as inconsistent with this subparagraph,
line 4 that ordinance shall be deemed void.
line 5 (C) Imposing or enforcing design standards established on or
line 6 after January 1, 2018, that are not objective design standards.
line 7 (D) Except as provided in subparagraph (E), establishing or
line 8 implementing any provision that:
line 9 (i) Limits the number of land use approvals or permits necessary
line 10 for the approval and construction of housing that will be issued or
line 11 allocated within all or a portion of the affected county or affected
line 12 city, as applicable.
line 13 (ii) Acts as a cap on the number of housing units that can be
line 14 approved or constructed either annually or for some other time
line 15 period.
line 16 (iii) Limits the population of the affected county or affected
line 17 city, as applicable.
line 18 (E) Notwithstanding subparagraph (D), an affected city or
line 19 county may enforce a limit on the number of approvals or permits
line 20 or a cap on the number of housing units that can be approved or
line 21 constructed if the provision of law imposing the limit was approved
line 22 by voters prior to January 1, 2005, and the affected city or county
line 23 is located in a predominantly agricultural county. For the purposes
line 24 of this subparagraph, “predominantly agricultural county” means
line 25 a county that meets both of the following, as determined by the
line 26 most recent California Farmland Conversion Report produced by
line 27 the Department of Conservation:
line 28 (i) Has more than 550,000 acres of agricultural land.
line 29 (ii) At least one-half of the county area is agricultural land.
line 30 (2) Any development policy, standard, or condition enacted on
line 31 or after January 1, 2018, the effective date of this section that does
line 32 not comply with this section shall be deemed void.
line 33 (c) Notwithstanding subdivisions (b) and (e), (f), an affected
line 34 county or affected city may enact a development policy, standard,
line 35 or condition to prohibit the commercial use of land that is
line 36 designated for residential use, including, but not limited to,
line 37 short-term occupancy of a residence, consistent with the authority
line 38 conferred on the county or city by other law.
line 39 (d) Notwithstanding any other provision of this section, both of
line 40 the following shall apply:
91
— 46 — SB 330
line 1 (1) An affected city or an affected county shall not approve a
line 2 housing development project that will require the demolition of
line 3 residential dwelling units unless both of the following requirements
line 4 are met:
line 5 (A) The project will create at least as many residential dwelling
line 6 units as will be demolished.
line 7 (B) The affected city or affected county is not prohibited from
line 8 approving the demolition of the residential dwelling units pursuant
line 9 to any local ordinance or other law.
line 10 (2) An affected city or an affected county shall not approve a
line 11 housing development project that will require the demolition of
line 12 occupied or vacant protected units, unless all of the following
line 13 apply:
line 14 (A) (i) The project will replace all existing or demolished
line 15 protected units.
line 16 (ii) Any protected units replaced pursuant to this subparagraph
line 17 shall be considered in determining whether the housing
line 18 development project satisfies the requirements of Section 65915
line 19 or a locally adopted requirement that requires, as a condition of
line 20 the development of residential rental units, that the project provides
line 21 a certain percentage of residential rental units affordable to, and
line 22 occupied by, households with incomes that do not exceed the limits
line 23 for moderate-income, lower income, very low income, or extremely
line 24 low income households, as specified in Sections 50079.5, 50093,
line 25 50105, and 50106 of the Health and Safety Code.
line 26 (iii) Notwithstanding clause (i), a protected unit that is or was,
line 27 within the five-year period preceding the application, subject to
line 28 a form of rent or price control through a local government’s valid
line 29 exercise of its police power, and that is or was occupied by persons
line 30 or families above lower income, the affected city or affected county
line 31 may do either of the following:
line 32 (I) Require that the replacement units be made available at
line 33 affordable rent or affordable housing cost to, and occupied by,
line 34 low-income persons or families. If the replacement units will be
line 35 rental dwelling units, these units shall be subject to a recorded
line 36 affordability restriction for at least 55 years.
line 37 (II) Require that the units be replaced in compliance with the
line 38 jurisdiction‘s rent or price control ordinance, provided that each
line 39 unit is replaced. Unless otherwise required by the affected city or
91
SB 330 — 47 —
line 1 affected county‘s rent or price control ordinance, these units shall
line 2 not be subject to a recorded affordability restriction.
line 3 (B) The housing development project will include at least as
line 4 many residential dwelling units as the greatest number of
line 5 residential dwelling units that existed on the project site within
line 6 the last five years, unless the project will be 100 percent affordable,
line 7 exclusive of a manager’s unit or units, to lower income or very
line 8 low income households.
line 9 (C) Any existing residents will be allowed to occupy their units
line 10 until six months before the start of construction activities with
line 11 proper notice, subject to Chapter 16 (commencing with Section
line 12 7260) of Division 7 of Title 1.
line 13 (D) The developer agrees to provide both of the following to
line 14 the occupants of any protected units:
line 15 (i) Relocation benefits to the occupants of those affordable
line 16 residential rental units, subject to Chapter 16 (commencing with
line 17 Section 7260) of Division 7 of Title 1.
line 18 (ii) A right of first refusal for a comparable unit available in
line 19 the new housing development affordable to the household at an
line 20 affordable rent, as defined in Section 50053 of the Health and
line 21 Safety Code, or an affordable housing cost, as defined in 50052.5.
line 22 (E) The affected city or affected county is not prohibited from
line 23 approving the demolition of the residential dwelling units pursuant
line 24 to any local ordinance or other law.
line 25 (F) For purposes of this paragraph:
line 26 (i) “Equivalent size” means that the replacement units contain
line 27 at least the same total number of bedrooms as the units being
line 28 replaced.
line 29 (ii) “Protected units” means any of the following:
line 30 (I) Residential dwelling units that are or were subject to a
line 31 recorded covenant, ordinance, or law that restricts rents to levels
line 32 affordable to persons and families of lower or very low income
line 33 within the past five years.
line 34 (II) Residential dwelling units that are or were subject to any
line 35 form of rent or price control through a public entity’s valid exercise
line 36 of its police power within the past five years.
line 37 (III) Residential dwelling units that are or were occupied by
line 38 lower or very low income households within the past five years.
91
— 48 — SB 330
line 1 (IV) Residential dwelling units that were withdrawn from rent
line 2 or lease in accordance with Chapter 12.75 (commencing with
line 3 Section 7060) of Division 7 of Title 1 within the past 10 years.
line 4 (iii) “Replace” shall have the same meaning as provided in
line 5 subparagraph (B) of paragraph (3) of subdivision (c) of Section
line 6 65915.
line 7 (3) This subdivision shall not supersede any provision of a
line 8 locally adopted ordinance that places greater restrictions on the
line 9 demolition of residential dwelling units or the subdivision of
line 10 residential rental units, or that requires greater relocation
line 11 assistance to displaced households.
line 12 (d)
line 13 (e) The Department of Housing and Community Development
line 14 shall determine those cities and counties in this state that are
line 15 affected cities and affected counties, in accordance with subdivision
line 16 (a) by June 30, 2020. The department’s determination shall remain
line 17 valid until January 1, 2025.
line 18 (e)
line 19 (f) (1) Except as provided in paragraphs (3) and (4) and
line 20 subdivisions (g) (h) and (i), this section shall prevail over any
line 21 conflicting provision of this title or other law regulating housing
line 22 development in this state to the extent that this section more fully
line 23 advances the intent specified in paragraph (2).
line 24 (2) It is the intent of the Legislature that this section be broadly
line 25 construed so as to maximize the development of housing within
line 26 this state. Any exception to the requirements of this section,
line 27 including an exception for the health and safety of occupants of a
line 28 housing development project, shall be construed narrowly.
line 29 (3) This section shall not be construed as prohibiting the
line 30 adoption or amendment of a development policy, standard, or
line 31 condition in a manner that:
line 32 (A) Allows greater density.
line 33 (B) Facilitates the development of housing.
line 34 (C) Reduces the costs to a housing development project.
line 35 (D) Imposes or implements mitigation measures as necessary
line 36 to comply with the California Environmental Quality Act (Division
line 37 13 (commencing with Section 21000) of the Public Resources
line 38 Code).
line 39 (4) This section shall not apply to a housing development project
line 40 located within a very high fire hazard severity zone. For purposes
91
SB 330 — 49 —
line 1 of this paragraph, “very high fire hazard severity zone” has the
line 2 same meaning as provided in Section 51177.
line 3 (f) (1) Notwithstanding Section 9215, 9217, or 9323 of the
line 4 Elections Code or any other provision of law, except the California
line 5 Constitution and as provided in paragraph (2), any requirement
line 6 that local voter approval, or the approval of a supermajority of any
line 7 body of the affected county or the affected city, be obtained to
line 8 increase the allowable intensity of housing, to establish housing
line 9 as an allowable use, or to provide services and infrastructure
line 10 necessary to develop housing, is hereby declared against public
line 11 policy and void. For purposes of this subdivision, “intensity of
line 12 housing” is broadly defined to include, but is not limited to, height,
line 13 density, or floor area ratio, or open space or lot size requirements,
line 14 or setback requirements, minimum frontage requirements, or
line 15 maximum lot coverage limitations, or anything that would be a
line 16 less intensive use or reduction in the intensity of land use as defined
line 17 in this subdivision.
line 18 (2)
line 19 (g) This section shall not be construed to void a height limit,
line 20 urban growth boundary, or urban limit established by the electorate
line 21 of an affected county or an affected city on or before January 1,
line 22 2018. city, provided that the height limit, urban growth boundary,
line 23 or urban limit complies with subparagraph (A) of paragraph (1)
line 24 of subdivision (b).
line 25 (g)
line 26 (h) (1) Nothing in this section supersedes, limits, or otherwise
line 27 modifies the requirements of, or the standards of review pursuant
line 28 to, Division 13 (commencing with Section 21000) of the Public
line 29 Resources Code.
line 30 (2) Nothing in this section supersedes, limits, or otherwise
line 31 modifies the requirements of the California Coastal Act of 1976
line 32 (Division 20 (commencing with Section 30000) of the Public
line 33 Resources Code).
line 34 (h)
line 35 (i) This section does not prohibit an affected county or an
line 36 affected city from changing a land use designation or zoning
line 37 ordinance to a less intensive use if the city or county concurrently
line 38 changes the development standards, policies, and conditions
line 39 applicable to other parcels within the jurisdiction to ensure that
line 40 there is no net loss in residential capacity.
91
— 50 — SB 330
line 1 (i)
line 2 (j) Notwithstanding subdivisions (b) and (e), (f), this section
line 3 does not prohibit an affected city or an affected county from
line 4 enacting a development policy, standard, or condition that is
line 5 intended to preserve or facilitate the production of housing for
line 6 lower income households, as defined in Section 50079.5 of the
line 7 Health and Safety Code, or housing types that traditionally serve
line 8 lower income households, including mobilehome parks,
line 9 single-room occupancy units, or units subject to any form of rent
line 10 or price control through a public entity’s valid exercise of its police
line 11 power.
line 12 66301. This chapter shall remain in effect only until January
line 13 1, 2025, and as of that date is repealed.
line 14 SEC. 14.
line 15 SEC. 13. The Legislature finds and declares that the provision
line 16 of adequate housing, in light of the severe shortage of housing at
line 17 all income levels in this state, is a matter of statewide concern and
line 18 is not a municipal affair as that term is used in Section 5 of Article
line 19 XI of the California Constitution. Therefore, the provisions of this
line 20 act apply to all cities, including charter cities.
line 21 SEC. 15.
line 22 SEC. 14. No reimbursement is required by this act pursuant to
line 23 Section 6 of Article XIII B of the California Constitution for certain
line 24 costs that may be incurred by a local agency or school district
line 25 because, in that regard, this act creates a new crime or infraction,
line 26 eliminates a crime or infraction, or changes the penalty for a crime
line 27 or infraction, within the meaning of Section 17556 of the
line 28 Government Code, or changes the definition of a crime within the
line 29 meaning of Section 6 of Article XIII B of the California
line 30 Constitution.
line 31 However, if the Commission on State Mandates determines that
line 32 this act contains other costs mandated by the state, reimbursement
line 33 to local agencies and school districts for those costs shall be made
line 34 pursuant to Part 7 (commencing with Section 17500) of Division
line 35 4 of Title 2 of the Government Code.
line 36 SEC. 16.
line 37 SEC. 15. The provisions of this act are severable. If any
line 38 provision of this act or its application is held invalid, that invalidity
91
SB 330 — 51 —
line 1 shall not affect other provisions or applications that can be given
line 2 effect without the invalid provision or application.
O
91
— 52 — SB 330
City of Huntington Beach
File #:19-747 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Ursula Luna-Reynosa, Director of Community Development
Subject:
Approve the Appointment of Jeffrey Dahl to the Design Review Board as recommended by
Council Liaisons Mayor Erik Peterson, and Mayor Pro Tem Lyn Semeta
Statement of Issue:
Transmitted for City Council’s consideration is the City Council Liaison recommended appointee for
the Design Review Board (DRB)vacancy.There is currently one At-Large member vacancy on the
DRB.The DRB Council Liaisons conducted interviews and are recommending Jeffrey Dahl be
appointed as the new At-Large member.
Financial Impact:
Not applicable.
Recommended Action:
Approve the appointment of Jeffrey Dahl to the Design Review Board for a term to expire on July
2023.
Alternative Action(s):
The City Council may make the following alternative motion(s):
1.Continue the recommended action and direct staff to re-advertise the vacancy.
2.Deny the appointment of Jeffrey Dahl to the Design Review Board and request further
review by the City Council Liaisons.
Analysis:
The composition of the DRB consists of one current Planning Commissioner,one current member of
the Historic Resources Board,and three members at large.In addition,at least four of the five
members shall have training,education,or work experience in design-related fields.The Design
Review Board has been operating with one At-Large vacancy since 2018.
The City has been actively recruiting for the vacant At-Large position on the DRB.A total of four
applications were received for the vacancy from the advertisement.The Council Liaisons reviewed
the applications,conducted interviews,and selected the most qualified candidate for the position.The
Council Liaisons are recommending the appointment of Jeffrey Dahl to the position of the DRB At-
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Council Liaisons are recommending the appointment of Jeffrey Dahl to the position of the DRB At-
Large member for a term to expire on July 2023.A copy of Jeffrey Dahl’s application,which details
his relevant experience, is provided in Attachment No. 1.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1.Jeffrey Dahl’s DRB Application
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City of Huntington Beach
File #:19-763 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Stephanie Beverage, Director of Library Services
Subject:
Approve the reappointment of Richard Moore and Faith Vogel for an additional term to the
Library Board as recommended by Council Liaisons Kim Carr and Jill Hardy
Statement of Issue:
Appointments to the Library Board of Trustees must be approved by the City Council. Currently,
three terms on the Board expired on June 30, 2019. Two of the three outgoing Board members have
expressed interest in continuing to serve.
Financial Impact:
Not applicable.
Recommended Action:
Approve reappointment of Richard Moore and Faith Vogel for an additional term to the Library
Board effective July 1, 2019 through June 30, 2023.
Alternative Action(s):
Do not make reappointments to the Library Board of Trustees at this time.
Analysis:
The terms of Sherrie Daugherty, Richard Moore and Faith Vogel expired on June 30, 2019. Two of
the three Trustees have requested reappointment to the Library Board. Attached is the
communication requesting reappointment for an additional term. Council Members Carr and Hardy
has reviewed and approve the recommendation for reappointment. The Library will recruit a new
member of the Board to replace outgoing member, Ms. Sherrie Daugherty.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
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File #:19-763 MEETING DATE:7/15/2019
Attachment(s):
1.Library Board of Trustees Roster
2.Letter from Richard Moore
3.Letter from Faith Vogel
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Rev. January 27, 2015
LIBRARY BOARD OF TRUSTEES – July 1, 2017 – June 30, 2019
SHERRIE DAUGHERTY
Term: 7/1/15 – 6/30/19
DON LEWIS
Term: 7/1/17-6/30/21
DIONNE COX
Term: 7/1/17-6/30/21
BETTY CROTEAU
Term: 7/1/17- 6/30/21
BEN MILES (Chair)
Term: 7/1/17 – 6/30/21
RICHARD MOORE
Term: 7/1/15 – 6/30/19
FAITH VOGEL
Term: 7/1/15 – 6/30/19
The Library Board meets the third Tuesday of each month, 5:00 PM, Administrative Conference
Room, Central Library
City of Huntington Beach
File #:19-742 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Award and authorize execution of a construction contract with Corral Construction and
Development, Inc. in the amount of $141,999 for the Central Library Restroom Access
Compliance, MSC-528.
Statement of Issue:
On June 13, 2019, bids were publicly opened for the Central Library Restroom Access Compliance
project, MSC-528. City Council action is requested to award a construction contract to Corral
Construction and Development, Inc., the lowest responsive and responsible bidder, and to authorize
up to 20% in project contingency expense.
Financial Impact:
A total of $251,168 is available for this project in Community Development Block Grant 18/19 Central
Library ADA Restrooms, account 23985862.82200.
Recommended Action:
A)Accept the lowest responsive and responsible bid submitted by Corral Construction and
Development, Inc. in the amount of $141,999; and,
B)Authorize project contingency expense not to exceed $28,400; and,
C)Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
Alternative Action(s):
Reject all bids and provide staff with alternative action.
Analysis:
The Central Library, located at 7111 Talbert Avenue, was originally a 74,000 square foot building
opened in 1975. The facility was expanded in 1994 with the addition of 43,000 square feet for the
Children’s Wing, theater, and meeting rooms. The Central Library serves thousands of patrons each
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File #:19-742 MEETING DATE:7/15/2019
month for Library services and special events. The restrooms on the main floor appear to be original
to the 1970’s and do not meet current ADA accessibility standards.
In 2018, the Public Works Department applied for and received Community Development Block
Grant funds to renovate the main floor Men’s and Women’s restrooms to meet current accessibility
standards. A professional architect developed the plans and specifications, which were approved
through the City’s Building Department.
Bids were publicly opened on June 13, 2019. The bids are listed below from lowest to highest bid
amount.
VENDOR BID AMOUNT
Corral Construction and Development Inc.$141,999.00
BNC Construction, Inc.$142,000.00
Caliba Inc.$175,000.00
Klassic Engineering & Construction Inc.$185,000.00
Staff verified the references and comparable experience for Corral Construction and Development
Inc. and received favorable responses. Based on prior experience in renovating other city facilities of
a similar age and older, staff is requesting authorization to spend up to 20% of the contract for
construction contingency not to exceed $28,399.80, if necessary. The standard contingency for
construction contracts is 10%. The additional 10% contingency authorization will provide staff with the
flexibility to avoid construction delays and to minimize disruption to Library operations in the event of
unforseen site conditions. The total construction project cost including contingency and supplemental
expenses is estimated not to exceed $180,000. The architect’s pre-bid construction estimate for the
project, excluding contingency and supplemental, was $142,250.
Public Works Commission Action:
The Public Works Commission reviewed and approved the project on March 20, 2019 with a vote of
6-0-1 (Nguyen absent).
Environmental Status:
The project is categorically exempt pursuant to Chapter 3, Article 19, Section 15301(b) and 15301(d)
of the California Environmental Quality Act.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
None.
Click or tap here to enter text.
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City of Huntington Beach
File #:19-745 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Approve and authorize execution of Amendment #1 to the Professional Services Agreement
with Enterprise Automation for On-Call Engineering Services for Water and Wastewater
Supervisory Control and Data Acquisition (SCADA) system in the amount of $300,000 and
extending the term one year
Statement of Issue:
Submitted for City Council approval is Amendment #1 to the Professional Services Agreement with
Enterprise Automation for on-call engineering services for Supervisory Control and Data Acquisition
(SCADA) Systems.
Financial Impact:
Funding in the amount of $300,000 is contained in the approved Fiscal Year 19/20 budget; including
$260,000 in Water Fund Professional Services account 50685801.69365 and $40,000 in Sewer
Service Fund Professional Services account 51185201.69365.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute “Amendment No. 1 to Agreement
Between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services
for Water and Wastewater SCADA System.”
Alternative Action(s):
Deny approval of the amendment.
Analysis:
The City’s SCADA system monitors and/or controls the City’s groundwater wells, reservoirs, pump
stations, imported water connections, flood control pump stations and sanitary sewer lift stations.
This allows staff to remotely monitor and/or modify the operation of 67 key water and wastewater
facilities 24 hours a day, and alerts staff of any potential problem(s) so they can be addressed
immediately to minimize the possibility of system disruptions.
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File #:19-745 MEETING DATE:7/15/2019
Enterprise Automation (Enterprise) was awarded a three year contract in July of 2016 to provide the
City of Huntington Beach with “As Needed” programming and engineering services related to
managing and maintaining the water and wastewater SCADA systems. Services included but are not
limited to:
·Design assistance with SCADA system reports and programming thereof.
·Ongoing security updates and periodic security audits.
·SCADA system functional upgrades.
·Provide new or modify existing Programmable Logic Controller (PLC) programming.
·Ongoing equipment optimization, monitoring and maintenance.
·Guidance regarding software upgrades.
As part of the Water Production SCADA Replacement Design Project, the City and Enterprise
discussed new SCADA architectures and software packages and their use in other similar utility
environments. This discussion was driven by two main factors:
·The entire water production SCADA system,which had been in use since 2000,needed to
undergo extensive reprogramming due to age and frequent programming and maintenance
issues.
·The annual license renewal and software product support costs had become very expensive.
The City and Enterprise evaluated three SCADA software packages and concluded that VTScada
was substantially less expensive than the current SCADA package and had all of the features and
functionality needed for the City’s SCADA system. Licenses for VTScada have been obtained and a
pilot site has been developed and is communicating with Edwards reservoir.
The contract amendment is necessary to extend the term of the current professional services
agreement by one year to complete the VTScada programming and installation.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1.Amendment #1 to Professional Services Agreement with Enterprise Automation
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City of Huntington Beach
File #:19-760 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Behzad Zamanian, Chief Information Officer
Subject:
Approve and authorize execution of Amendment No. 2 to Professional Services Agreement
with Go-Live Technology, Inc. in the amount of $60,000 for the Citywide Enterprise Land
Management (ELM) implementation, and approve and authorize an increase in the Information
Services Professional Service listing authority by $60,000
Statement of Issue:
Approve an amendment to the existing professional services agreement between the City of
Huntington Beach and Go-Live Technology in the amount of $60,000, increasing the total contract
from an existing $296,000 to $356,000. This amendment is requested to continue project
management services for the Citywide Enterprise Land Management (ELM) project.
Financial Impact:
No financial impact.
Recommended Action:
A)Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to
Professional Services Agreement between the City of Huntington Beach and Go-Live
Technology, Inc. for as needed Information Technology Project Management Services”; and,
B)Approve and authorize an increase in the Information Services Professional Services listing
authority by $60,000.
Alternative Action(s):
Deny amendment and direct staff accordingly.
Analysis:
Go-Live Technology, Inc. provides IT project management services to cities and water districts
with extensive experience in planning and managing the deployment of enterprise-wide
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applications such as Financial ERP, Billing, and Land Management enterprise applications and
systems.
The City executed a three-year professional services contract with Go-Live Technology for
project management services in 2017. Go-Live Technology was retained to work on the
implementation of three complex software applications, including the Enterprise Cashiering,
Utility Billing, and Enterprise Land Management initiatives. The three systems are tightly
integrated and are integral to the City's financial stability and budget. These systems are also
vital to customer service and business processes in the departments.
The City completed the implementation of the Utility Billing and Enterprise Cashiering projects
and now working on the final stage (User Acceptance Testing - UAT) of the Enterprise Land
Management system. To improve customer service features and functionality, a number of
additional automations were identified and developed that resulted in extending project timeline
to October 2019 for additional testing and Go-Live Technology was assigned to provide greater
assistance than anticipated. Additionally, Go-Live Technology will assist with post-golive issues
and enhancements.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1.Go-Live Technology - Amendment 2 Professional Services Agreement
2.Go-Live Technology - Amendment 1 Professional Services Agreement
3.Go-Live Technology - Original Professional Services Contract
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City of Huntington Beach
File #:19-766 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development
Subject:
Approve a Ten-Year Lease Agreement with Kathy May’s Restaurant in Huntington Central Park
located at 6622 Lakeview Drive
Statement of Issue:
The City Council is asked to approve a ten-year lease with Kathy May’s Restaurant, Inc. for the
operation of a restaurant/food concession in Huntington Central Park. The Lease is an extension of
the existing lease and allows for on-site service of beer and wine.
Financial Impact:
No fiscal impact.
Recommended Action:
A)Approve the “Lease Agreement between the City of Huntington Beach and Kathy May’s
Restaurant, Inc.”, for the restaurant building located 6622 Lakeview Drive in Huntington Beach; and,
B)Authorize the Mayor and City Clerk to execute the Lease Agreement on behalf of the City.
Alternative Action(s):
Do not approve the Lease Agreement and direct staff accordingly.
Analysis:
On August 15, 2011, the City Council approved a 10-year lease with Kathy May’s Restaurant Inc., to
operate a family style restaurant located on the west side of Central Park at 6622 Lakeside Drive. Kathy
May invested approximately $100,000 in tenant improvements to rehabilitate and upgrade the facility,
including bringing it into compliance with the American’s with Disabilities Act.
On January 16, 2018, a Councilmember Item was introduced by Councilmember Brenden directing staff to
investigate code amendments to allow the sale of beer and wine at restaurants with full table service located in
the OS-PR Zone, primarily Central Park. The Planning Commission conducted a public hearing to consider the
sale of beer and wine at restaurants. The Planning Commission approved Zoning Text Amendment (“ZTA”) No.
18-001 and forward it to the City Council for approval. On May 7, 2018, the City Council approved Ordinance
City of Huntington Beach Printed on 7/10/2019Page 1 of 3
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File #:19-766 MEETING DATE:7/15/2019
No. 4156 approving ZTA No. 18-001, thereby amending Section 213.06 of the Huntington Beach Zoning and
Subdivision Ordinance (Attachment No. 1) with conditions. The conditions consist of no packaged sales of
alcohol and increased preventative security measures consisting of: working alarm system for the facility,
functioning video surveillance, and motion detection lighting.
At the beginning of 2019, due to the death of Kathy May, her daughters assumed operations and approached
staff to finalize the application to sell beer and wine as part of their dining menu at the restaurant and requested
an extension of the lease for building improvements. On May 1, 2019, the Zoning Administrator approved a
Conditional Use Permit 19-006 (“CUP”), subject to issuance of a Type 41 License by the State of California
Alcohol Beverage Control Department (“ABC”) and Conditions of Approval (Attachment No. 2). A complete
list of the Conditions of Approval are found in Attachment No. 3, with key conditions outlined below:
·Daily Hours of Operation: Limited to 7:00 am - 10:00 pm (dining room & outdoor patio)
·Food service until at least one hour prior to scheduled closing time
·Sale of alcoholic beverages for consumption off-site is prohibited
·No reduced prices or promotions of alcoholic beverages after 7:00 pm
·No games/contests involving consumption of alcoholic beverages
·Employees shall complete Responsible Beverage Service training and certification by the ABC
·No live entertainment, unless an Entertainment Permit is issued by HBPD
A new draft lease agreement (“Lease”) has been prepared to incorporate the Conditions of Approval made
under the CUP as approved by the Zoning Administrator and to provide an extension to July 2029. Kathy May’s
Restaurant Inc. is governed by April Diaz (President) and Dawn Carrion (Secretary) and they have been
operating the restaurant.
The terms of the proposed lease are as follows:
Percentage Rent Sales from July 2019 to July 2024 based on the following thresholds:
Annual Gross Sales Percentage of Gross Sales
$0--$100,000 7.5%
$100,000--$150,000 9.5%
$150,000 and over 11.5%
Percentage Rent Sales from July 2024 to July 2029 based on the following thresholds:
Annual Gross SalesPercentage of Gross Sales
$0--$100,000 8.0%
$100,000--$150,000 10.0%
$150,000 and over 11.5%
In those months where the Percentage of Gross Sales does not exceed $1,875, a minimum base rent of
City of Huntington Beach Printed on 7/10/2019Page 2 of 3
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File #:19-766 MEETING DATE:7/15/2019
$1,875/month will be billed. The term of the Lease will be for ten (10) years upon approval by the City
Council. The Economic Development Committee recommended approval of the Lease on December 19, 2018.
Environmental Status:
Not applicable
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1.Ordinance No. 4156
2.Zoning Administrator May 1, 2019 Meeting Minutes
3.CUP No.19-006 Conditions of Approval
4.Lease Agreement between the City of Huntington Beach and Kathy May’s Restaurant, Inc.
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ORDINANCE NO.4156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 213 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE TITLED OS OPEN SPACE DISTRICT
ZONING TEXT AMENDMENT NO. 18-001)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 18-001, which amends Chapter
213 of the Huntington Beach Zoning and Subdivision Ordinance to establish a conditional use
permit process to permit the sales, service, and consumption of beer and wine within the OS -PR
zoning district; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Chapter 213 of the Huntington Beach Zoning and Subdivision
Ordinance titled Definitions is hereby amended to read as set forth in Exhibit A.
SECTION 2. All other provisions of Chapter 213 not modified herein shall remain in full
force and effect.
SECTION 3. This Ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21srt dayof , 20 Mayor
0 ATTEST:
O -
APPROVED
A FORM: tip?
City
Clerk REVIEW*
APPROVED: City
Npajer Exhibit
A: Legislative Draft Attorney
INITIATED
AND APPROVED: Direc
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LEGISLATIVE DRAFT 03/30/2018
OS District Land Use Controls
P = Permitted
L = Limited (see Additional Provisions)
PC = Conditional use permit approved by Planning Commission
ZA = Conditional use permit approved by Zoning Administrator
TU = Temporary Use Permit
P/U = Requires conditional use permit on site of conditional use
Not Permitted
OS -PR OS-S OS-WR Additional Provisions
Public and Semipublic F)
Marinas PC
Park & Recreation Facilities PC PC
Public Safety Facilities PC
Utilities, Major
Utilities, Minor ZA ZA
Commercial Uses F)
Animal Sales and Services
Equestrian Centers PC E)
Commercial Recreation and
Entertainment
PC
Communication Facilities L-4
Eating & Drinking Establishments L 1 L 1
With Alcohol ZA L-5
With Take -Out Service, Limited L1 L3
Vehicle/Equipment Sales and Services
Commercial Parking Facility L2 L2
Accessory Uses I I I (A)(D)
Accessory Uses and Structures P/U P/U P/U
Temporary Uses B)
Animal Shows TU
Circuses and Carnivals TU
Commercial Filming ITU ITU ITU
OrX,Nv. y15l0'KXhi hl-W
LEGISLATIVE DRAFT 03/30/2018
INonconforming Uses I I I I(C) I
OS District: Additional Provisions
L-1 Allowed with a conditional use permit approval by the Zoning Administrator only as an
ancillary use that is compatible with and part of a park or recreational facility. Only in the coastal
zone overlay district, in public parks in both the Parks and Recreation and the Shoreline Subdistricts,
only the following type of eating and drinking establishment shall be permitted: take-out service
establishments where patrons order and pay for their food at a counter or window before it is
consumed and may either pick up or be served such food at a table or take it off -site for
consumption; and persons are not served in vehicles.
L-2 Public parking is permitted, but commercial parking facilities on City -owned land require a
conditional use permit approval by the Planning Commission. Recreational vehicle overnight
parking is limited to 10% of available public parking. No encroachment onto sandy beach area shall
be permitted.
L-3 Beach concession stands for sale of refreshments and sundries (not to exceed 2,500 square
feet) must be located a minimum 1,000 feet apart. Beach concession structures shall be located
within or immediately adjacent to paved parking or access areas.
L-4 Only wireless communication facilities permitted subject to Section 230.96, Wireless
Communication Facilities.
L-5 Eating and drinking establishments with full table service, with or without outdoor dining,
located in Central Park may provide on -site sales, service and consumption of beer and wine upon
obtaining a Conditional Use Permit approved by the Zoning Administrator. Public or private golf
courses with or without outdoor dining, may provide the on -site sales, service and consumption of
alcohol upon obtaining a Conditional Use Permit approved by the Zoning Administrator.
A) Limited to facilities incidental to an open space use.
B) See Section 241.22, Temporary Use Permits.
C) See Chapter 236, Nonconforming Uses and Structures.
D) Private cantilevered decks abutting residential uses; private boat ramps, slips, docks,
windscreen and boat hoists in conjunction with adjacent single family dwellings. See Residential
Districts and Chapter 17.24.
E) See Section 230.48, Equestrian Centers.
F) The permitted uses for recreation areas on the Huntington Beach mesa shall be limited to low -
intensity uses including picnic grounds, arboretums, bird sanctuaries, trails. High -intensity uses such
as tennis courts, athletic fields, stables, campgrounds or other commercial or recreation uses shall be
conditional only, and shall be located in nodes adjacent to existing developed areas or roads and
shall avoid adverse impacts on environmentally sensitive habitats. (3334-6/97, 3568-9/02)
Zoning Administrator
Wednesday, May 1, 2019
1:30 PM - Regular Meeting
MINUTES
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Room B-8, Lower Level
JOANNA CORTEZ, Associate Planner
JUDY GRAHAM, Administrative Secretary
RICKY RAMOS, Senior Planner
CALL TO ORDER
PUBLIC COMMENTS
Anyone wishing to speak during PUBLIC COMMENTS must fill out and submit a form to
speak. The Zoning Administrator can take no action on this date, unless the item is
agendized. Anyone wishing to speak on items not on today’s agenda, may do so during
PUBLIC COMMENTS. Please note comments on closed public hearing items will not be part
of the permanent entitlement record. Speakers on items scheduled for PUBLIC HEARING
will be invited to speak during the public hearing. (3 MINUTES PER PERSON, NO
DONATING OF TIME TO OTHERS)
PUBLIC HEARING ITEMS
COASTAL DEVELOPMENT PERMIT NO. 2019-004 (WINDWARD
ARCHAEOLOGICAL GRADING AND MONITORING)
REQUEST:
To permit archaeological grading and monitoring activities on a
vacant 2.5-acre portion of an approximately 5-acre property located in
the Coastal Zone.
LOCATION:
APN 163-361-10 (Vacant Property - Southeast of Bolsa Chica Street at Los Patos
Avenue; South of City landscape lot)
Continued to the May 15, 2019, meeting.
COASTAL DEVELOPMENT PERMIT NO. 19-005 (MOBILITIE SMALL CELL
WIRELESS FACILITY)
REQUEST:
To remove an existing 23 ft. 9 in. high light pole and replace with a
new 24 ft. 1 in. high light pole to install small cell wireless equipment
at an overall height of 27 ft. 2 in. and new underground infrastructure in
the public right-of-way located in the Coastal Zone.
LOCATION:
Page 1 of 5
Zoning Administrator MINUTES May 1, 2019
West side of 13th Street approximately 100 linear feet north of Pacific Coast Highway.
Attachment No. 1 - Suggested Findings and Conditions of
Approval.pdf
Attachment No. 2 - Plans Received and Dated March 29,
2019.pdf
Attachments:
This agenda item was approved with conditions.
COASTAL DEVELOPMENT PERMIT NO. 19-006 (MOBILITIE SMALL CELL
WIRELESS FACILITY)
REQUEST:
To remove an existing 23 ft. 9 in. high light pole and replace with a
new 24 ft. 1 in. high light pole to install small cell wireless equipment
at an overall height of 27 ft. 2 in. and new underground infrastructure in
the public right-of-way within the Coastal Zone.
LOCATION:
West side of 12th Street approximately 100 linear feet north of Pacific Coast Highway.
Attachment No. 1 - Suggested Findings and Conditions of
Approval.pdf
Attachment No. 2 - Photo Simulations and Plans received
and dated March 29, 2019.pdf
Attachments:
This agenda item was approved with conditions.
CONDITIONAL USE PERMIT NO. 19-004/COASTAL DEVELOPMENT PERMIT NO.
19-002
REQUEST:
To remove an existing 24 ft. 10 in. high wooden utility pole and replace
with a new 30 ft. high wooden utility pole to install small cell wireless
equipment at an overall height of 32 ft. 6 in. and new underground
infrastructure installations in the public right -of-way located in the Coastal
Zone.
LOCATION:
North side of Pacific Coast Highway, approximately 855 linear feet north of Newland
Street.
Continued to the May 15, 2019, meeting.
TENTATIVE PARCEL MAP NO. 2018-181 (MAGNOLIA ATLANTA SUBDIVISION)
REQUEST:
To permit the subdivision of an approximately 2.872-acre parcel into three
parcels.
Page 2 of 5
Zoning Administrator MINUTES May 1, 2019
LOCATION:
20921 - 20981 Magnolia Street and 8901- 8955 Atlanta Avenue, 92646 (northwest corner of
Magnolia Street and Atlanta Avenue)
SUGGESTED FINDINGS AND CONDITIONS OF
APPROVAL.doc
Preliminary Parcel Map.pdf
Attachments:
This agenda item was approved with conditions.
ENTITLEMENT PLAN AMENDMENT NO. 19-001 (OUZO AND FETA OUTDOOR
DINING)
REQUEST:
To amend Condition 2.a of CUP No. 16-041 to modify the hours of
operation and permit the sales, service, and consumption of general
alcohol (ABC Type 47 License) within a 342 sq. ft. proposed outdoor
patio.
LOCATION:
19171 Magnolia St., Suite 1 & 2, 92646 (west side of Magnolia St., south of Garfield Ave.)
ATT#1 - EPA 19-001 (OUZO AND FETA OUTDOOR
DINING)_FINDINGS
ATT#2 - Plans 2.25.19
Attachments:
Continued to the May 15, 2019, meeting.
CONDITIONAL USE PERMIT NO. 19-006 (KATHY MAY’S CAFÉ BEER AND WINE)
REQUEST:
To allow the sales, service, and consumption of beer and wine (ABC
Type 41 License) within an existing 2,176 sq. ft. restaurant and 1,248
sq. ft. outdoor patio.
LOCATION:
6622 Lakeview Dr., 92648 (at the terminus of Lakeview Dr ., between Edwards St. and
Goldenwest St. - Central Park)
ATT#1 - CUP 19-006 (KATHY MAY'S CAFE BEER &
WINE)
ATT#2 - PLANS 2.19.19
Attachments:
This agenda item was approved with conditions.
ADJOURNMENT
Page 3 of 5
Zoning Administrator MINUTES May 1, 2019
The next regularly scheduled meeting of the Zoning Administrator is Wednesday, May
15, 2019, at 1:30 PM in Room B-8, Lower Level, Civic Center, 2000 Main Street,
Huntington Beach, California.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance,
the action taken by the Zoning Administrator is final unless an appeal is filed to the
Planning Commission by you or by an interested party. Said appeal must be in
writing and must set forth in detail the action and grounds by which the applicant or
interested party deems himself aggrieved. Said appeal must be accompanied by a
filing fee of Three Thousand One Hundred Two Dollars ($3,102.00) if the appeal is
filed by a single family dwelling property owner appealing the decision on his own
property and Four Thousand Two Hundred Eighty-One Dollars ($4281.00) if the
appeal is filed by any other party. The appeal shall be submitted to the Secretary of
the Planning Commission within ten (10) calendar days of the date of the Zoning
Administrator's action or ten (10) working days for a coastal development permit.
INTERNET ACCESS TO THE ZONING ADMINISTRATOR AGENDA AND STAFF
REPORT MATERIAL IS AVAILABLE PRIOR TO ZONING ADMINISTRATOR MEETINGS
AT: https://huntingtonbeach.legistar.com/
Page 4 of 5
Zoning Administrator MINUTES May 1, 2019
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 Community Development Department at (714) 536-5271 for more information, or
request assistance from the staff or Sergeant-at-Arms at the meeting.
Page 5 of 5
ATTACHMENT NO. 1
FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 19-006
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Zoning Administrator finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project involves
no expansion in the overall floor area of an existing restaurant.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 19-006:
1. Conditional Use Permit No. 19-006 to allow the sales, service, and consumption of
beer and wine (ABC Type 41 License) within an existing 2,176 sq. ft. restaurant and
1,248 sq. ft. outdoor patio will not be detrimental to the general welfare of persons
working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood because the proposed sales, service and
consumption of beer and wine, as conditioned, will not generate noise, traffic, demand
for parking or other impacts as the use is primarily a restaurant and the sales, service,
and consumption of beer and wine will be an ancillary part of the restaurant use. The
sale, service and consumption of alcohol will occur entirely within the existing
restaurant and 1,248 sq. ft. outdoor patio. The restaurant is located within a public
park (Central Park). The nearest residential use is located approximately 300 ft. to the
west and is buffered by the park, a parking lot, and a public street (Lakeview Dr.). The
entrance of the restaurant and patio is oriented west toward Central Park, away from
residential uses. The sales, service, and consumption of beer and wine is not
permitted in the patio area between the hours of 10:00 PM and 7:00 AM to ensure any
potential impacts to surrounding uses are minimized. As such, im pacts to the
residential uses are not anticipated.
2. The granting of Conditional Use Permit No. 19-006 to allow the sales, service, and
consumption of beer and wine (ABC Type 41 License) within an existing 2,176 sq. ft.
restaurant and 1,248 sq. ft. outdoor patio will not adversely affect the General Plan. It
is consistent with the Land Use Element designation of OS-P (Open Space – Park) on
the subject property. In addition, it is consistent with the following objective and policies
of the General Plan:
A. Land Use Element
Goal LU-11: Commercial land uses provide goods and services to meet
regional and local needs.
Policy LU-11.A: Encourage a variety of commercial uses that cater to local and
regional demand to create an environment that meets resident needs and
increases the capture of sales tax revenues.
Policy LU-11.B: Encourage new businesses to locate on existing vacant or
underutilized commercial properties where the properties have good locations
and accessibility.
The request to allow beer and wine sales within an existing 2,176 sq. ft. restaurant and
1,248 sq. ft. outdoor patio provides expanded goods and services to meet the needs
of the community and regional area and will add to the capture of sales tax revenue.
The proposed use is located in an existing restaurant and the consumption of beer
and wine will be an ancillary part of the use. The nearest residential use is located
approximately 300 ft. to the west and is buffered by the park, a parking lot, and a public
street (Lakeview Dr.). The entrance of the restaurant and patio is oriented west toward
Central Park, away from residential uses.
3. The proposed conditional use permit to allow the sales, service, and consumption of
beer and wine (ABC Type 41 License) within an existing 2,176 sq. ft. restaurant and
1,248 sq. ft. outdoor patio will comply with the provisions of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO). The proposed eating and drinking establishment is permitted
subject to a Conditional Use Permit within the OS-PR (Open Space – Parks and
Recreation Subdistrict) zoning district pursuant to Section 213.06 of the HBZSO. The
sales, service, and consumption of beer and wine will be an ancillary use of an
established restaurant building that conforms to applicable site development
standards in terms of minimum parking, minimum yard setbacks, minimum
landscaping, and maximum floor area ratio.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 19-006:
1. The site plan, floor plans, and elevations received and dated February 19, 2019.
2. The use shall comply with the following:
a. The hours of operation shall be limited to the following:
i. Daily (dining room): 7:00 AM – 10:00 PM
ii. Daily (outdoor patio): 7:00 AM – 10:00 PM
b. Prior to sales, service or consumption of alcoholic beverages the business
shall obtain an ABC license authorizing alcohol use in the restaurant. The
business shall be limited to a Type 41 (On sale beer/wine eating place) ABC
License. (PD)
c. To ensure the location maintains a restaurant atmosphere, food service from
the regular menu shall be available from the time the business opens to the
public, until at least one hour prior to the scheduled closing time. (PD)
d. Service of alcoholic beverages for consumption off-site shall not be permitted.
(PD)
e. No packaged sales of alcohol allowed. (PD)
f. No reduced price or promotions of alcoholic beverages shall be allowed after
7:00PM. (PD)
g. No games or contests requiring or involving the consumption of alcoholic
beverages shall be permitted. (PD)
h. All employees engaged in the sale or service of alcohol shall complete
mandatory Responsible Beverage Service (RBS) training and certification.
This shall be required for new employees within 90 days of being hired and for
existing employees every 12 months. Training shall be provided by ABC or an
ABC approved RBS trainer. Records of the training shall be maintained on-
site for review. (PD)
i. Consumption of alcoholic beverages by on-duty employees and supervisory
personnel is forbidden. (PD)
j. An employee of the establishment must monitor all areas where alcohol is
served. (PD)
k. There shall be no entertainment allowed without a valid Entertainment Permit
issued by the Huntington Beach Police Department. Entertainment which
would require additional parking, or modification of plans dated 2-19-19 would
need approval by The Planning Department and may require a Conditional Use
Permit (CUP) for this specific use. (PD)
l. No dining or consumption of alcoholic beverages shall be permitted in the
outdoor patio areas between the hours of 10:00 PM and 7:00 AM daily. (PD)
m. A sign shall be posted in a conspicuous space at the exit point in the patio
which shall state “NO ALCOHOLIC BEVERAGES BEYOND THIS POINT.”
(PD)
n. The patio shall have a physical barrier of no less than 36 inches in height
surrounding the outdoor dining area and designed in a manner that will prohibit
passing of alcohol through the barrier. (PD)
o. Signage, posters, and advertising with “Do Not Drink and Drive” shall be posted
in the business. (PD)
p. There shall be no exterior advertising or sign of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages or
signs which are clearly visible to the exterior shall constitute a violation of this
condition. (PD)
q. All areas where the sales, service, and consumption of alcoholic beverages
will be permitted must be sufficiently illuminated to permit the identification of
patrons. (PD)
r. There must be increased motion detected lighting. (PD)
s. There shall be no window coverings or advertisements that reduce the visibility
inside of the business. This will assist officers in observing crimes in progress.
(PD)
t. The establishment must have a working alarm system. (PD)
u. The establishment must secure alcohol after hours. (PD)
v. The establishment shall employ a video surveillance security system with a
minimum of one-month video library recorded to a DVR or Cloud based
system. The cameras minimum requirements will be: color, digital and able to
record in low light. The business shall ensure all public areas, entrances, exits,
parking areas to the front and adjacent to the business are covered by video
surveillance. Electronic copies of video must be made available to the
Huntington Beach Police Department within 48 hours of request. Digital
recordings shall be made available for viewing on-scene upon request by
police personnel conducting investigations. You are required to have someone
able to operate the system on duty during all business hours. (PD)
w. All owners, employees, representatives, and agents must obey all state, local,
and municipal laws, and conditions of the Conditional Use Permit, Alcoholic
Beverage Control License and any other regulations, provisions, or restrictions
prescribed by a regulatory authority with jurisdiction over the premise at all
times. (PD)
3. CUP No. 19-006 shall become null and void unless exercised within two years of the
date of final approval or such extension of time as may be granted by the Director
pursuant to a written request submitted to the Community Development Department
a minimum 30 days prior to the expiration date.
4. The Development Services Departments and divisions (Building & Safety, Fire,
Planning and Public Works) shall be responsible for ensuring compliance with all
applicable code requirements and conditions of approval. The Director of Community
Development may approve minor amendments to plans and/or conditions of approval
as appropriate based on changed circumstances, new information or other relevant
factors. Any proposed plan/project revisions shall be called out on the plan sets
submitted for building permits. Permits shall not be issued until the Development
Services Departments have reviewed and approved the proposed changes for
conformance with the intent of the Zoning Administrator’s action. If the proposed
changes are of a substantial nature, an amendment to the original entitlement
reviewed by the Zoning Administrator may be required pursuant to the provisions of
HBZSO Section 241.18.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers,
and employees from any claim, action or proceedings, liability cost, including attorney’s
fees and costs against the City or its agents, officers or employees, to attack, set aside,
void or annul any approval of the City, including but not limited to any approval granted by
the City Council, Planning Commission, or Design Review Board concerning this project.
The City shall promptly notify the applicant of any claim, action or proceeding and should
cooperate fully in the defense thereof.
LEASE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND KATHY MA Y'S RESTAURANT, INC.
THIS AGREEMENT is made and entered into this ___ day of _______ _
20 __ , by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation of
the State of California (hereinafter referred to as "CITY"), and KA THY MAY'S
RESTAURANT, INC., (hereinafter referred to as "Lessee") together City and Lessee may be
referred to as ("Parties").
WHEREAS, City owns certain real property including a 2, 176 square foot free standing
restaurant building generally located in Huntington Beach Central Park West, with an address of
6622 Lakeview Drive, Huntington Beach, CA 92648 (hereinafter referred to as the "Premises")
and Lessee desires to continue to lease the aforesaid Premises with a new condition regarding
alcohol sales in the manner set forth below.
NOW, THEREFORE, the parties covenant and agree as follows:
SECTION I. SUPERSEDING OF PRIOR LEASE
This Lease shall supersede and replace any existing lease agreement(s) for the Premises
currently entered into by and between the Parties and all supplemental agreement(s) entered into
by and between the Parties regarding the existing use of the Premises.
SECTION 2. GRANT OF CONCESSION ON THE PREMISES
The Premises are hereby leased for the purpose of operation of a family style
restaurant/food concession with the sale of alcohol. City reserves the right to prohibit the sale of
any item or article, including certain alcoholic beverages which are objectionable or beyond the
scope of the of this Lease. City reserves the right to establish and revise a schedule of maximum
prices for any or all items sold to the public by Lessee on the Premises; provided, however, that
19-7761 /207926 Page 1of51
any such schedule of maximum prices established by City shall be reasonable and in accordance
with the best interests of the public, the Lessee, and the City. The restaurant shall be in operation
a minimum of three hundred (300) days during a calendar year. Hours of operation will be from
7:00 a.m. to 9:00 p.m. These times may be adjusted seasonally with prior approval of City.
City, pursuant to the terms of this Lease, grants to Lessee for the purposes stated herein,
the right, privilege and duty to equip, operate and maintain a concession open to the public
located on the Premises (hereinafter sometimes referred to as the "Concession"). Lessee shall
not use the Premises for any other purpose or business. A map depicting the Premises is set forth
in Exhibit "A", which is attached hereto and incorporated herein by this reference. This Lease
is not intended to confer third-party beneficiary status to anyone.
SECTION 3. SALE OF ALCOHOLIC BEVERAGES:
The Lessee shall obtain a Type 41 License from the State of California Department of
Alcoholic Beverage Control (the "Liquor License") permitting Lessee throughout the Lease
Term to serve beer and wine for on-premises consumption in the Premises seven (7) days per
week (until at least 9:00 P.M.), subject to and in accordance with all applicable provisions of
federal, state, and local laws and this Lease. The Lessee shall use all reasonable efforts and
diligence to maintain the Liquor License in full force and effect and good standing. Lessee's
ability to obtain the Liquor License for the Premises shall be a condition precedent to Lessee
selling beer and wine. As property owner, the City will be the applicant or co-applicant for all
alcohol related City permits, including a conditional use permit. Any such discretionary permit
shall not run with the land and shall not provide Lessee a property right in said permit and related
operations. Lessee shall pay all costs associated with obtaining said permit(s). City will not be
the applicant for non-City permits including ABC licensing.
19-7761/207926 Page 2 of 51
Upon the receipt of all governmental approvals, including the Liquor License, and City
land use approvals, lessee may sell alcoholic beverages on the Premises subject to the following
conditions:
(a) Lessee is not in default of any of the provisions of this Lease including timely
payments of all amounts due pursuant to this Lease;
(b) Lessee complies with all conditions included in the governmental approvals including
conditions imposed on the Liquor License, City land use and/or any other conditions imposed
upon a license or permit issued by government agency;
( c) In addition to, or in conjunction with any restrictions placed on any discretionary
permit, the following operational standards shall be adhered to as a material terms
of this Lease: No sale or consumption of alcohol outside the premises; Lessee
shall not sell alcoholic beverages for retail purposes; Lessee shall provide
security for the Premises, alcohol dispensing training for employees; Lessee shall
provide no happy hour beverage promotions; Lessee shall provide exterior
lighting as may be required under a conditional use permit. Receipts must for all
sales, including alcohol sales shall be maintained by Lessee and provided to the
City upon request.
SECTION 4. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY
(a) City expressly reserves all natural resources in, on, or two hundred fifty (250) feet
under the Premises, including, without limitation, oil, coal, natural gas and other
hydrocarbons, minerals, aggregates, timber and other geothermal resources, as
well as the right to grant leases or other contractual arrangements in and over the
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Premises for the extraction of such natural resources. However, such leasing or
other arrangement shall be neither inconsistent nor incompatible with the rights or
privileges of Lessee under this Lease.
(b) City expressly reserves a right to enter upon the Premises with as much advance
written, verbal or electronic notice as possible to Lessee for any reason associated
with public health, safety or welfare, or for the protection of life, limb or property.
In all other cases unless otherwise specifically set forth herein, City reserves the
right for such entry but City shall give Lessee at least twenty-four (24) hours
advance written, verbal or electronic notice. City shall have a right of reasonable
access to the Premises across Lessee owned, controlled or occupied lands adjacent
to the Premises, if any, for any purpose associated with this Lease.
( c) City expressly reserves the right to lease, convey, or encumber the Premises, in
whole or in part, for any purpose not inconsistent or incompatible with the rights
or privileges of Lessee under this Lease. In addition, Lessee agrees to subordinate
the Lease to any existing or future City financing regarding the Premises or any
portion thereof. Lessee also agrees to cooperate and provide any documentation
necessary for City to obtain any such financing.
(d) This Lease is subject to pre-existing contracts, leases, licenses, easements,
encumbrances and claims affecting the Premises and it is made without warranty
by City of title, condition or fitness of the land for the stated or intended use.
SECTION 5. TIME OF ESSENCE
Time shall be of the essence of this Lease and each and all of its terms, covenants or
conditions in which performance is a factor.
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SECTION 6. TERM
This lease shall be for a term of ten (10) years commencing at 12:01 A.M. on the __ _
day of , 20 __ , and ending at 12:01 A.M. on , 2029
~~~~~~~~
unless sooner terminated as herein provided.
SECTION 7. CONDITIONS OF PREMISES AS IS
The taking of possession of the Premises by Lessee shall, in itself, constitute
acknowledgment that the Premises are in good and tenantable condition. Upon taking possession
of the Premises, Lessee agrees to accept the Premises in their presently existing condition, "as
is", and agrees that City shall not be obligated to make any alterations, additions or betterments
thereto.
SECTION 8. DURATION OF PUBLIC FACILITIES
By entering into this Lease, City makes no stipulation as to the type, size, location or
duration of public facilities (excluding the Premises), including, without limitation, any City
parking lots to be maintained on property owned, controlled or occupied by City.
SECTION 9. ADDITIONS, ALTERATIONS AND REMOVAL
(a) No modifications, alterations or additions to the Premises, including, without
limitation, construction of Improvements or changes to structural design,
landscape design, or interior or exterior furnishings, shall be constructed or made
by Lessee without Lessee first obtaining the prior written approval of City, which
will not be unreasonably withheld.
(b) Except as provided under this Lease, no alteration or removal of existing
Improvements on or natural features of the Premises shall be undertaken without
Lessee first obtaining the prior written approval of City.
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(c) Lessee's obligation to obtain City's prior written approval is separate and
independent of Lessee's obligation to obtain any permits from City, such as,
without limitation, a building permit.
SECTION 10. CITY'S CONTRACT ADMINISTRATOR
City's Deputy Director of Economic Development, or his or her designee, shall be City's
Contract Administrator for this Lease with the authority to act on behalf of City for the purposes
of this Lease, and all City approvals and notices required to be given herein to City shall be so
directed and addressed.
SECTION 11. RENT
Upon issuance of a Certificate of Occupancy Lessee agrees to pay to City as rent (the
"Rent") for the use and occupancy of the Premise a minimum base rent of $1,875 a month. In
those months where the percentage of "Gross Sales" as defined in Section 12 below exceeds the
monthly base rent, Lessee shall pay the percentage rent based on the following thresholds instead
of the monthly base Rent:
$0 -$100,000.00 of Gross Sales = 7.5%;
$100,000.01 -$150,000.00 of Gross Sales = 9.5%;
Over $150,000.00 of Gross Sales = 11.5%.
Commencing on July 1 2024, in those months where the percentage of "Gross Sales" as
defined in Section 12, exceeds the monthly base rent, Lessee shall pay the percentage rent based
on the following thresholds:
$0 -$100,000.00 of Gross Sales = 8.0%;
$100,000.01 -$150,000.00 of Gross Sales = 10.0%;
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Over $150,000.00 of Gross Sales = 11.5%.
Lessee shall pay the Rent monthly to City at the City Treasurer's Office, P.O. Box 711,
Huntington Beach, California, 92648, or at such other place or places as City may from time-to-
time designate by written notice delivered to Lessee. Lessee shall pay the Rent, which must be
received by the City Treasurer within ten (10) calendar days after the end of the month for which
the Rent is being paid, or on the next business day if the fifteenth day falls on a weekend or
holiday.
SECTION 11. LA TE CHARGE AND PENAL TY
If the Rent is not received by the City Treasurer within ten (10) calendar days after the
end of the month for which the Rent is being paid, or the next business day if the twentieth day
falls on a weekend or holiday, Lessee shall pay the following late charge and penalty: (1) a late
charge of ten percent (10%) shall be applied to any outstanding balance after any payment
hereunder is due but unpaid; and (2) one and a half percent (1 Yi%) penalty per month shall be
added for each month the Rent is due but unpaid. With respect to any other payments required
by Lessee, a one and a half percent (1 Yi%) penalty per month shall be added for each month
such payment hereunder is due but unpaid.
SECTION 12. GROSS SALES DEFINED
For the purpose of this Lease, the term "Gross Sales" shall mean the total price of all
merchandise, food and beverages, including alcoholic beverages, or services sold or rendered, or
equipment rented, in, on, or from the Premises by Lessee, or anyone contracting with Lessee,
including, without limitation, its agents or sublessees (collectively or individually, "Lessee
Party(ies )"), whether wholesale or retail, whether for cash or on credit, and if on credit whether
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or not paid, and whether in exchange for any other product, commodity, service, commercial
paper or forbearance, and shall include, without limitation, the following:
(a) All revenues, receipts, commissions or proceeds from on-line sales by Lessee,
including group rental of the Premises and/or from all public telephones,
vending, weighing and all other machines owned, operated, or leased to or by
Lessee Party(ies) in, on, or from the Premises;
(b) All revenues, receipts, commissions or proceeds from sales based on orders
solicited or taken, in, on, or from the Premises for merchandise, food and
beverages, including alcoholic beverages or services to be delivered or rendered
off, or from sources outside, the Premises, including, without limitation, all orders
taken in, on, or from the Premises although the orders may be filled elsewhere;
( c) All revenues, receipts, commissions or proceeds from the renting of equipment of
any kind in, on, or from the Premises; and
( d) All revenues, receipts, commissions or proceeds generated from off site but
delivered through the Concession.
(e) All revenues, receipts, commissions or proceeds made by Lessee Party(ies) or
their employees or others acting on their behalf for the rendition of services of any
kind whatsoever, made in, on, or from the Premises.
(f) All other revenues, receipts, commissions or proceeds generated by, arising or
derived whatsoever from the use of the Premises or derived whatsoever from any
business conducted in, on, or from the Premises.
For purposes of computing the Gross Sales figure on which to calculate the Rent, the
amount of Gross Sales shall start over at zero dollars on January 1 of each year. If the Lease
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commences on any date other than January 1, the Gross Sales calculation begins from such
commencement date and runs through December 31 of such Lease commencement year.
SECTION 13. GROSS SALES EXCLUSIONS
Gross Sales shall not include the following items, and Lessee may deduct such items
from Gross Sales to the extent they have been included therein or have been included in a prior
computation of Gross Sales on which the Rent has been paid under this Lease to City:
(a) Any sales, excise or other taxes otherwise includable in Gross Sales and which
become part of the total price of merchandise, food and beverages, or services
sold or rendered, or equipment rented, in, on, or from the Premises where Lessee
must account for and remit the taxes to the government entity or entities which
impose them, but only if such taxes are added to the total price and collected from
customers;
(b) Any transfer of trade inventory from the Premises to the manufacturer or supplier
from whom it was obtained by Lessee;
(c) Sales of Trade Fixtures (as defined in Section 51 below);
( d) Sums and credits received in the settlement of claims for loss of or damage to
trade inventory or Trade Fixtures; and
( e) Any sales resulting in a cash or credit refund to a customer in the ordinary course
of business.
SECTION 14. BOOKS AND RECORDS
Lessee shall keep true and accurate books and records showing all of its business
transactions in separate records of account for the Concession in a manner acceptable to City,
and City and/or its designated representatives shall have the right, at all reasonable times, to
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inspect such books and records including, without limitation, State of California sales or use tax
returns or other State return records, and Lessee hereby agrees that all such records and
instruments shall promptly be delivered and made available to City and/or its designated
representatives within thirty (30) days ofreceiving written request therefor. Lessee shall furnish
to City and/or its designated representatives copies of its quarterly California sales and use tax
returns at the time each is filed with the State of California.
The books and records shall show the total amount of Gross Sales made each calendar
month in, on, or from the Premises and any exclusions listed in Section 13 above. All sales and
charges shall be recorded by means of cash registers which display the amount of the transaction
certifying the amount recorded. The register shall be equipped with devices which log in daily
sales totals and which shall record on tapes the transaction numbers and sales details. At the end
of each day the tape shall record the total sales for that day. Lessee agrees to maintain on the
Premises, or another location subject to the prior written approval of City, all records, books of
account and cash register tapes, showing, or in any way pertaining to the Gross Sales made in,
on, or from the Premises during such calendar month, including, without limitation, State of
California sales or use tax returns or other State tax returns, for a period of five (5) years
following the close of each calendar month.
SECTION 15. STATEMENT OF GROSS SALES/AUDIT
At the time specified in Section 10 of this Lease for the payment of the Rent, Lessee shall
deliver to City a true and accurate statement signed by Lessee or by an authorized employee of
Lessee showing the total Gross Sales and any exclusions listed in Section 13 above made during
the preceding calendar month and the amount of the Rent then being paid calculated on such
Gross Sales pursuant to this Lease. The acceptance by City of any monies paid to City by Lessee
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as the Rent, as shown by any statement furnished by Lessee, shall not be construed as an
admission of the accuracy of the statement, or of the sufficiency of the amount of the Rent
payment, and City shall be entitled to review the adequacy of such payment as set forth herein.
By the end of each January, Lessee shall deliver to City a year-end statement showing the total
amount of Gross Sales made in, on, or from the Premises in each month of the preceding year,
the total of any exclusions, the total Rent paid to City for each of those months, all with year-end
totals. City may at any time within three (3) years after receiving the year-end statement, at its
sole cost and expense, cause all records, books of account and cash register tapes for the year
purportedly covered by the statement, to be audited by City or an accountant selected by City.
Lessee shall, within thirty (30) days of receiving written notice of City's desire for such an audit,
deliver and make available all such records, books of account and cash register tapes to City or
its designated representative for City's use in the audit and/or for copying. If the audit discloses
that Gross Sales were understated and/or exclusions overstated, Lessee shall immediately pay the
additional Rent, together with a penalty thereon from the date it was. due at the penalty rate set
forth in Section 11 above. Furthermore, Lessee shall promptly on demand reimburse City for the
full cost and expense of the audit should the audit disclose that the questioned year-end statement
understated Gross Sales (including an overstatement of exclusions) or the Rent by any amount
greater than Two Hundred Fifty Dollars ($250.00). City further reserves the right to examine
and audit all such records, books of account and cash register tapes at any time during the three
(3) year period following the expiration or termination of this Lease. In addition, City shall have
the right to enter upon the Premises during business hours and with two (2) hours advance
written, verbal or electronic notice to Lessee to perform any audit or inspection function with
respect to this Lease.
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Lessee, its bookkeeper and/or accountant shall respond to all questions and inquiries of
City with respect to the books, records, statements and other documentation being examined, and
shall promptly provide other further documentation as may be required by City. City is entitled
to take statements by deposition under oath of Lessee, its officers, bookkeepers and/or
accountants or any person who prepared the books, records, statements and other documentation
required to be provided by Lessee under this Lease.
SECTION 16. SECURITY DEPOSIT
Upon execution hereof, Lessee shall pay and/or maintain at all times during the entire
term of this Lease or any renewals or extensions thereof or during any holdover period, a
security deposit with City in a sum of not less than Two Thousand Five Hundred Dollars
($2,500.00) to guarantee all of Lessee's obligations, liabilities, duties and responsibilities under
the Lease, including, without limitation, the repair and maintenance of the Premises as provided
herein. Such deposit shall be in the form of a cash bond or an assignment of certificate of
deposit (the "CD") or savings account to City, and shall be provided to the City Treasurer. The
form of any such security deposit shall be approved by the City Attorney and the City Treasurer.
No interest shall accrue on cash deposits to the benefit of Lessee, but interest shall accrue on a
CD or savings account and shall be paid to Lessee under the terms of the CD or savings account.
Lessee shall send a copy of each renewal of the CD to the City Treasurer to ensure that City has
the records of each active deposit account.
SECTION 17. USE OF DRINK SPONSOR
Lessee shall comply with any exclusivity agreement which the City may have with a
drink sponsor. This exclusivity shall not apply to third-party rentals that bring their own drink
products.
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SECTION 18. QUALITY OF SALES, RENTALS AND SERVICES
Lessee, at its sole cost and expense, shall equip, operate, manage and maintain the
Premises and Concession and shall keep the same equipped and maintained in a manner
acceptable to City during the entire term of this Lease or any renewals or extensions thereof or
during any holdover period. It is the intent of City that the Concession's services be provided in
a manner to meet the needs of the visiting public, and should City deem the Concession's hours
of operation and/or food, merchandise,' services or rentals inadequate to meet such needs, City
may require Lessee to make such changes requested by City in writing. Lessee shall not use or
permit the Premises to be used, in whole or in part, during the entire term of this Lease or any
renewals or extensions thereof or during any holdover period for any purpose other than as
herein set forth, without the prior written consent of City.
Except as permitted in advance in writing by City, all foods and beverages, including
alcoholic beverages, shall be sold in disposable paper or plastic containers. No pull-top cans or
styrofoam containers are to be vended or dispensed from the Premises unless pre-approved in
writing by City. Lessee, wherever feasible, shall eliminate the use of non-recyclable containers
and plastics. City may from time to time review the items sold and containers or utensils used or
dispensed by Lessee. City reserves the right to prohibit the sale or use of non-recyclable
containers or plastics.
City in its sole discretion reserves the right to prohibit Lessee's sale, provision or rental
of any item or service rendered or performed, which it deems objectionable or offensive, beyond
the scope deemed necessary for proper service to the public, inappropriate for sale, provision or
rental by the Concession, or of inferior quality.
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SECTION 19. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT
Lessee 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 (including arbitration) of every nature or liability of any
kind or nature) arising out of or in connection with (1) the use or occupancy of the Premises by
Lessee, its officers, employees or agents, or (2) the death or injury of any person or the damage
to property caused by a condition of the Premises, or (3) the death or injury of any person or the
damage to property caused by any act or omission of Lessee, its officers, employees or agents, or
(4) any failure by Lessee to keep the Premises in a safe condition, or (5) Lessee's (or Lessee's
agents and/or sub lessees, if any) performance of this Lease or its failure to comply with any of its
obligations contained in this Lease by Lessee, its officers, agents or employees except such loss
or damage which was caused by the sole negligence or willful misconduct of City. Lessee shall
hold all Trade Fixtures, personal property and trade inventory on the Premises at the sole risk of
Lessee and save City harmless from any loss or damage thereto by any cause whatsoever, except
such loss or damage which was caused by the sole negligence or willful misconduct of City.
Lessee will conduct all defense at its sole cost and expense and City shall approve selection of
Lessee'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 Lessee.
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SECTION 20. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
INSURANCE
Lessee acknowledges awareness of Section 3700 et seq. of the California Labor Code,
which requires every employer to be insured against liability for workers' compensation. Lessee
covenants that it shall comply with such provisions prior to the commencement of this Lease.
Lessee shall obtain and furnish to City workers' compensation and employers' liability insurance
in amounts not less than the State statutory limits. Lessee shall require all sublessees and
contractors to provide such workers' compensation and employers' liability insurance for all of the
sub lessees' and contractors' employees. Lessee shall furnish to City a certificate of waiver of
subrogation under the terms of the workers' compensation and employers' liability insurance and
Lessee shall similarly require all sublessees and contractors to waive subrogation.
SECTION 21. GENERAL PUBLIC LIABILITY INSURANCE
In addition to the workers' compensation and employers' liability insurance and Lessee's
covenant to defend, hold harmless and indemnify City, Lessee shall obtain and furnish to City, a
policy of general public liability insurance, including motor vehicle coverage against any and all
claims arising out of or in connection with the Premises. This policy shall indemnify Lessee, its
officers, employees and agents, while acting within the scope of their duties, against any and all
claims arising out of or in connection with the Premises, and shall provide coverage in not less
than the following amount: combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of One Million Dollars
($1,000,000.00) per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than One Million Dollars
($2,000,000.00) for the Premises. This policy shall name City, its officers, elected or appointed
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officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide
that any other insurance coverage which may be applicable to the Lease shall be deemed excess
coverage and that Lessee's insurance shall be primary and non-contributory.
Under no circumstances shall said above-mentioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
SECTION 22. PROPERTY INSURANCE
Lessee shall provide before commencement of this Lease and shall obtain and furnish to
City, at Lessee's sole cost and expense, property and fire insurance with extended coverage
endorsements thereon, by a company acceptable to City authorized to conduct insurance business
in California, in an amount insuring for the full insurable value of all Improvements, Trade
Fixtures, personal property whether or not owned or leased by Lessee, and all trade inventory in
or on the Premises against damage or destruction by fire, theft or the elements. This policy shall
contain a full replacement cost endorsement naming Lessee as the insured and shall not contain a
coinsurance penalty provision. The policy shall also contain an endorsement naming City as an
Additional Insured. The policy shall contain a special endorsement that such proceeds shall be
used to repair, rebuild or replace any such Improvements, Trade Fixtures, personal property
whether or not owned or leased by Lessee, and all trade inventory so damaged or destroyed; and
if not so used, such proceeds (excluding any insurance proceeds for Trade Fixtures, personal
property whether or not owned or leased by Lessee, and trade inventory, but only to the extent
the insurance proceeds specifically cover those items) shall be paid to City. The policy shall also
contain a special endorsement that if the Premises are so destroyed triggering the parties' ability
to terminate as set forth in Section 52 (Destruction) below, and either party elects to terminate
the Lease, the entire amount of any insurance proceeds (excluding such proceeds for Trade
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Fixtures, personal property whether or not owned or leased by Lessee and trade inventory, but
only to the extent the insurance proceeds specifically cover those items) shall be paid to City.
The proceeds of any such insurance payable to City may be used, in the sole discretion of City,
for rebuilding or repair as necessary to restore the Premises or for any such other purpose(s) as
City sees fit.
This policy shall also contain the following endorsements:
(a) The insurer shall not cancel or reduce the insured's coverage without (30)
days prior written notice to City;
(b) City shall not be responsible for premiums or assessments on the policy.
A complete and signed certificate of insurance with all endorsements required by this
Section shall be filed with City prior to the execution of this Lease. At least thirty (30) days
prior to the expiration or termination of any such policy, a signed and complete certificate of
insurance showing that coverage has been renewed shall be filed with City.
SECTION 23. LIQUOR LIABILITY INSURANCE
Tenant shall provide, keep and maintain in full force and effect liquor liability insurance
in the amount of not less than One Million Dollars ($1,000,000.00).
SECTION 24. INCREASE IN AMOUNT OF GENERAL PUBLIC LIABILITY
AND PROPERTY INSURANCE
Not more frequently than once every two (2) years, if, in the sole opinion of City, the
amount and/or scope of general public liability insurance in Section 21 above, liquor liability
insurance coverage in Section 23, and/or property insurance coverage in Section 22 above at that
time is not adequate, Lessee shall increase the insurance coverage as reasonably required by
City.
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SECTION 25. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencement of this Lease, Lessee shall furnish to City certificates of
insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages
as required by this Lease; these certificates shall:
(a) provide the name and policy number of each carrier and policy;
(b) shall state that the policy is currently in force; and
( c) shall promise to provide that such policies shall not be canceled or
modified without thirty (30) days' prior written notice of City; however ten (10)
days' prior written notice in the event of cancellation for nonpayment of
premium, which 10-day notice provision shall not apply to property insurance in
Section 22 above.
Lessee shall maintain the foregoing insurance coverages in force during the entire term of
the Lease or any renewals or extensions thereof or during any holdover period.
The requirement for carrying the foregoing insurance coverages shall not derogate from
Lessee's defense, hold harmless and indemnification obligations as set forth in this Lease. City
or its representatives shall at all times have the right to demand the original or a copy of any or
all the policies of insurance. Lessee shall pay, in a prompt and timely manner, the premiums on
all insurance hereinabove required.
SECTION 26. INSURANCE HAZARDS
Lessee shall not commit or permit the commission of any acts on the Premises nor use or
permit the use of the Premises in any manner that will increase the existing rates for, or cause the
cancellation of any liability, property, or other insurance policy for the Premises or required by
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this Lease. Lessee shall, at its sole cost and expense, comply with all requirements of any
insurance carrier providing any insurance policy for the Premises or required by this Lease
necessary for the continued maintenance of these policies at reasonable rates.
SECTION 27. MAINTENANCE OF PREMISES
City's maintenance responsibilities of the Premises shall be limited to maintaining all
sewers and drain lines, and roofs. Except as set forth in the preceding sentence, Lessee agrees to
maintain the Premises in good order and repair, at Lessee's sole cost and expense, during the
entire term of this Lease or any renewals or extensions thereof or during any holdover period,
pursuant to the City's maintenance standards. A copy of the quarterly evaluation summary sheet
setting forth the City's maintenance checklist is attached as Exhibit "B'', and incorporated
herein by this reference. Except as provided above, Lessee, at its sole cost and expense, shall
perform any maintenance and repairs including, without limitation, facility maintenance and
landscape maintenance on the Premises.
Lessee's obligation includes, without limitation, maintaining and operating the Premises
and adjacent areas to a distance of not more than fifty (50) feet of the lease line area in a clean,
safe, wholesome and sanitary condition free of trash, garbage or obstructions of any kind and in
compliance with any and all present and future laws, general rules or regulations of any
governmental authority now, or at any time during the entire term of this Lease or any renewals
or extensions thereof or during any holdover period, in force, relating to sanitation or public
health, safety or welfare, or for the protection of life, limb or property; and Lessee shall at all
times faithfully obey and comply with all laws, rules and regulations applicable thereto. Lessee,
at its sole cost and expense, shall remedy without delay any defective, dangerous or unsanitary
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condition(s) caused by Lessee or anyone related thereto. Provided, however, that Lessee shall
have no obligation to repair or maintain sewer lines or respond to sewer leaks.
Lessee shall paint, stain or seal the Premises' exterior surfaces a minimum of every three
(3) years, unless City determines in its sole discretion that such work shall be done on a more
frequent basis. All exterior metal surfaces, except the roof, shall be painted with rust resistant
paint no less than once every other year. Any and all graffiti on the Premises shall be removed
by Lessee, at its sole cost and expense, within forty-eight ( 48) hours of Lessee receiving notice
thereof or of Lessee becoming aware of such graffiti. In addition, with or without notice from
City, Lessee shall, at its sole cost and expense, repair and/or replace any broken glass within
forty-eight ( 48) hours of its becoming broken, regardless of cause, except by fault of City.
Except as provided above for graffiti and broken glass, Lessee, at its sole cost and expense and
with or without notice from City, shall repair and/or replace all damage or destruction to the
Premises caused by act( s) of vandalism as soon as possible but in no event later than fourteen
(14) days after the date such damage or destruction occurred. Lessee, at its sole cost and
expense, shall repair and/or replace all other damage or destruction to the Premises, regardless of
cause, except by fault of City.
Lessee shall comply with all written notices served by City with regard to the care and
maintenance of the Premises. Any written notice hereunder shall specify the work to be done
and the period of time deemed to be reasonably necessary for completion of such work. Should
Lessee fail to commence making the necessary repairs within seven (7) days after receiving such
notice, or within twenty-four (24) hours of the glass becoming broken in the case of broken
glass, or fail to diligently proceed to complete the necessary repairs within the period of time
reasonably specified in the City's notice, or within forty-eight ( 48) hours of the glass becoming
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broken in the case of broken glass, or within the forty-eight ( 48) hour time period for removing
graffiti, or within fourteen (14) days of the date that the vandalism damage or destruction
occurred, City shall proceed to cause the required work to be performed, and Lessee shall
promptly reimburse City for the cost of labor and materials thereof and pay City a penalty on
such costs at the penalty rate set forth in Section 11 above from the date the costs were incurred
by City to the date they are reimbursed to City by Lessee.
Lessee hereby expressly waives the right to make repairs at the expense of City and the
benefit, if any, of the provisions of Sections 1941 and 1942 of the California Civil Code relating
thereto.
SECTION 28. RENT CREDIT
City in its sole discretion may provide Lessee a rent credit if Lessee undertakes
(1) any repair or maintenance obligation of City under this Lease, (2) any work including any
Lessee improvements the City in its sole discretion deems necessary and appropriate, (3) Lessee
submits to the City a set of approved construction plans and schedule of performance regarding
the completion of tenant improvements. Prior to Lessee undertaking any such work, City must
agree in writing to the amount of the rent credit as well as and procedures for completion of the
work to be done by Lessee and the cost of such work.
City and Lessee acknowledge that the Lessee owes the City the amount of Twenty One
Thousand Two Hundred Twenty Four Dollars and Sixty Cents ($21,224.60). Lessee and City
have a agreed to a payment plan (the "Payment Plan") in which the Lessee shall make twenty-
three (23) monthly installments of $922.80. The Payment Plan shall paid in accordance with
Section 11 of this Lease and is subject to penalties. The Lessee also acknowledges that failure to
abide by the Payment Plan as set forth in this Lease will result in a material default of this Lease
19-77 61 /207926 Page 21of51
as set forth in Section 36 and the City is entitled to remedies subject to Sections 38 and 39 of said
Lease.
SECTION 29. DAMAGE, DESTRUCTION OR NUISANCE
Lessee shall not commit or permit the commission by others of any damage or
destruction of, on, or to the Premises and/or Concession. Lessee shall not maintain, commit or
permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section
3480 of the California Civil Code on the Premises; and Lessee shall not use or permit the use of
the Premises for any unlawful purpose.
SECTION 30. TAXES
This Lease may create a possessory interest in property, which is subject to taxation. In
the event that such possessory interest is created, Lessee agrees to be subject to the payment of
and to pay taxes levied on such interest, at its sole cost and expense. Lessee also agrees to pay,
at its sole cost and expense, before they become delinquent all other lawful taxes, assessments or
charges, which at any time may be levied by any governmental agency including, without
limitation, the State, County, City or any tax or assessment levying body upon any interest in this
Lease, or any possessory right which Lessee may have in or to the Premises, by reason of
Lessee's use or occupancy thereof or otherwise, as well as all taxes, assessments, and charges on
Trade Fixtures, personal property and trade inventory in, on, or about the Premises. Upon
request, Lessee shall promptly furnish to City satisfactory evidence establishing such payment.
Lessee shall comply with all laws, regulations and ordinances regarding the collection of taxes
due a government agency.
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SECTION 31. PAYMENT OF OBLIGATIONS
Lessee shall promptly pay, at its sole cost and expense, before they become delinquent,
any and all bills, debts, liabilities and obligations incurred by Lessee in connection with Lessee's
occupation and use of the Premises and/or operation of the Concession. Upon request, Lessee
shall promptly furnish to City satisfactory evidence establishing such payment.
SECTION 32. UTILITIES AND SERVICES
Lessee shall be responsible for the payment of all utility charges, including, without
limitation, gas, electricity, water, telephone service, cable TV service, and the furnishing of all
necessary refuse and garbage containers and the removal and disposal of all rubbish, refuse and
garbage resulting from the operation of the Premises and/or the Concession. All such rubbish,
refuse and garbage removed shall be disposed of in accordance with applicable laws and local
ordinances. Pursuant to Health Department regulations, Lessee must maintain an active refuse
account at all times for the duration of this Agreement. All trash containers and/or trash bins
shall be adequately screened and located to the satisfaction of City. For the purposes of this
Section, sewage disposal shall be construed as a utility. All such charges shall be paid by Lessee
directly to the provider of the service and shall be paid as they become due and payable. Upon
request, Lessee shall promptly furnish to City satisfactory evidence establishing such payment.
SECTION 33. BUSINESS LICENSE
Lessee shall maintain a business license from City during the entire term of this Lease or
any renewals or extensions thereof or during any holdover period.
SECTION 34. SIGNS, ADVERTISING AND APPROVAL OF NAME
Lessee follow all entitlement processes for all signage requests. However, City shall have
the right to approve in its sole discretion and at any time require Lessee to change or remove
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signs, names, placards, decorations or advertising placed on, or inscribed, painted or affixed
upon the Premises. Should City approve of any sign, name, placard, decoration or advertising,
Lessee shall maintain the same at all times during the entire term of this Lease or any renewals or
extensions thereof or during any holdover period in good appearance and repair. All signs,
names, placards, decorations or advertising must comply with all requirements of any
governmental authority with jurisdiction.
SECTION 35. NO ASSIGNING, SUBLEASING OR ENCUMBERING (alcohol)
(a) Prohibition of Assignment. The parties acknowledge that City is entering into
the Lease in reliance upon the experience and abilities of Lessee and its
principals. Consequently, Lessee shall not voluntarily assign, encumber or
otherwise transfer its interest in the Lease or in the Premises, or sublease all or
any part of the Premises, or allow any other person or entity (except Lessee's
authorized representatives) to occupy or use all or any part of the Premises
without the prior written consent of City, which consent may be withheld at the
City's sole discretion. Provided, however, that City's consent shall not relieve
Lessee from any and all of its obligations, liabilities, duties or responsibilities
under this Lease. Any assignment, encumbrance, occupation or use, sublease or
other transfer without such consent shall be voidable and, at City's sole discretion,
shall constitute a material breach of this Lease.
(b) Consent to Transfer. City's consent to any assignment, encumbrance, occupation
or use, sublease or other transfer is subject in part to Lessee providing City with
evidence satisfactory to City that the proposed, assignee, encumbrancer, occupier
or user, sublessee or other transferee has suitable financial strength, experience
19-77 61/207926 Page 24 of 51
and character for operation and control of the Premises and the Concession and
that the use of the Premises by the proposed assignee, encumbrancer, occupier or
user, sublessee or other transferee is consistent with that specified herein, and is
commercially reasonable. Any proposed assignee, encumbrancer, occupier or
user, sublessee or other transferee shall agree to abide by the terms and conditions
of the Lease including, without limitation, all the obligations, liabilities, duties
and responsibilities of Lessee, and other conditions imposed upon it pursuant to
law. An approval by City to one assignment, encumbrance, occupation or use,
sublease or other transfer shall not be deemed to be an approval to any other
assignment, encumbrance, occupation or use, sublease or other transfer.
SECTION 36. TERMS BINDING ON SUCCESSORS
All the terms, covenants and conditions of this Lease shall inure to the benefit of and be
binding upon the parties and their successors, including, without limitation, their assignees,
encumbrancers, occupiers or users, sublessees or other transferees. The provisions of this
Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against
assignments, encumbrances, occupations or uses, subleases or other transfers hereinbefore set
forth, or (2) City's consent thereto. If more than one lessee is a party to this Lease, the
obligations of the lessees shall be joint and several. Even if City's consent is not required,
Lessee shall immediately provide City with written notice of any, assignment, encumbrance,
occupation or use, sublease or other transfer.
SECTION 37. DEFAULT
The occurrence of any one or more of the following events shall constitute a material
default and breach ("Default") of this Lease by Lessee:
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(a) Lessee's failure to make any payment of the Rent or other payment required to be
made by Lessee at the time required for payment under this Lease.
(b) Lessee's failure to obtain or maintain the insurances and/or the security deposit as
required under this Lease.
( c) Lessee's vacating or abandonment of the Premises during the entire term of this
Lease or any renewals or extensions thereof or during any holdover period.
Closure of the Concession for more than a combined total of one hundred eighty
(180) days in a calendar year, minus any days of closure of the Concession caused
by City, shall be deemed an abandonment of the Premises.
( d) Lessee's violation of Section 19 (Indemnification, Defense and Hold Harmless
Agreement), Section 35 (No Assigning, Subleasing or Encumbering), Section 48
(Hazardous Substances), Section 49 (Nondiscrimination), Section 50
(Entertainment Prohibited), Section 63 (Conflict of Interest) or Section 65
(Compliance with Laws).
(e) The insolvency of Lessee as evidenced by a receiver being appointed to take
possession of all or substantially all of Lessee's assets located at or on the
Premises or of Lessee's interest in this Lease, or the making by Lessee of a
general arrangement or assignment for the benefit of creditors, or Lessee's filing a
petition in bankruptcy, whether voluntary or involuntary, or the attachment,
execution or the judicial seizure of substantially all of Lessee's assets located at or
on the Premises or of Lessee's interest in the Lease.
(±) Lessee's failure to observe or perform any other term, covenant, obligation, duty,
responsibility or condition of this Lease to be observed or performed by Lessee
19-77 61 /207926 Page 26 of 51
when such failure shall continue for a period of thirty (30) days after City's giving
written notice to Lessee, or such earlier period if specifically set forth in this
Lease~ however, if the nature of such failure is such that more than thirty (30)
days are reasonably required for its cure, then Lessee shall not be deemed to be in
Default if Lessee notifies City of the length of the additional time required to cure
and receives City's written approval of the additional time required, which
approval will not be unreasonably withheld, and commences such cure within
such thirty (30) day period and diligently proceeds with such cure to completion
during such additional time period approved by City.
SECTION 38. REMEDIES
(a) Cumulative Nature of Remedies. In the event of any Default by Lessee, City shall
have the remedies described in this Section in addition to all other rights and
remedies provided by law or equity, to which City may resort cumulatively or in
the alternative:
(1) Reentry without Termination. City may at City's sole discretion reenter
the Premises, and, without terminating the Lease, at any time and from
time to time rel et the Premises or any part or parts of them for the account
and in the name of Lessee or otherwise. Any reletting may be for the
remainder of the term or for a longer or shorter period. City may in City's
sole discretion eject all persons or eject some and not others or eject none.
In addition, City may in its sole discretion remove some or all of the Trade
Fixtures, personal property and trade inventory from the Premises. City
may store such removed Trade Fixtures, personal property and trade
19-7761/207926 Page 27of51
inventory in a public warehouse or other location at the sole cost, expense
and risk of Lessee, and for the account of and in the name of Lessee. City
shall apply all rents from reletting as follows: first, to the payment of
reasonable expenses (including brokers' commissions) paid or incurred by
or on behalf of City in recovering possession, placing the Premises in
good condition, and preparing or altering the Premises for reletting;
second, to the reasonable expense of securing new subtenants; third, to the
fulfillment of Lessee's covenants to the end of the term. City may execute
any leases or subleases made under this provision either in City's name or
in Lessee's name and City shall be entitled to all rents from the use,
operation or occupancy of the Premises. Lessee shall nevertheless pay to
City on the dates specified in this Lease the equivalent of all sums
required of Lessee under this Lease, plus City's expenses, less the
proceeds of any reletting or attornment.
(2) Termination. In the event of a Default by Lessee, City may at City's sole
discretion terminate this Lease by giving Lessee written notice of
termination. In the event City terminates this Lease, City may recover
possession of the Premises (which Lessee shall immediately surrender and
vacate upon demand) and remove all persons therefrom, and Lessee shall
comply with, without limitation, Sections 57 and 58 below. City also shall
be entitled to recover as damages all of the following:
(A) The worth at the time of the award of any unpaid Rent or other
charges which have been earned at the time of termination;
19-7761/207926 Page 28of51
19-7761/207926
(B) The worth at the time of the award of the amount by which the
unpaid Rent (each month's Rent would be calculated as the
average Rent for that same month in the preceding years, or if
Lessee did own/operate the Concession in the preceding years,
then each month's Rent would be calculated as the average of all
months Lessee owned/operated the Concession) and other charges
which would have been earned after termination until the time of
the award exceeds the amount of the loss of such rental and other
charges that Lessee proves could have been reasonably avoided;
(C) The worth at the time of the award of the amount by which the
unpaid Rent (each month's Rent would be calculated as the
average Rent for that same month in the preceding years, or if
Lessee did not own/operate the Concession in the preceding years,
then each month's Rent would be calculated as the average of all
months Lessee owned/operated the Concession) and other charges
for the balance of the term after the time of the award exceeds the
amount of the loss of such rental and other charges that Lessee
proves could have been reasonably avoided;
(D) Any other amount necessary to compensate City for the detriment
proximately caused by Lessee's failure to perform its obligations,
liabilities, duties or responsibilities under this Lease; and
Page 29of51
(E) At City's sole discretion, such other amounts in addition to or in
lieu of the foregoing as may be permitted from time to time by
applicable California law.
As used in Sections 38(a)(2)(A) and (B) above, the "worth at the time of the
award" shall be computed by allowing interest at the rate of twelve percent (12%) per
annum. As used in Section 38(a)(2)(C) above, the "worth at the time of the award" shall
be computed by discounting such amount at the discount rate of the Federal Reserve
Bank of San Francisco at the time of the award, plus one percent (1 % ). The amount
recoverable by City pursuant to Section 38(a)(2)(D) above shall include, without
limitation, any costs or expenses incurred by City in maintaining or preserving the
Premises after such Default.
(3) Use of Personal Property. City may at City's sole discretion use the Trade
Fixtures, personnel property and/or trade inventory located on, about or
appurtenant to the Premises without compensation and without liability for
use or damage, or store them in a public warehouse or other location at the
sole cost, expense and risk of Lessee, and for the account of and in the
name of Lessee.
(b) Election of Remedy. The election of one remedy for any one item shall not
foreclose an election of any other remedy for another item or for the same item at
a later time.
(c) City's Right to Cure Lessee's Default. Upon continuance of any Default, City
may in its sole discretion, but is not obligated to, cure such Default at Lessee's
sole cost and expense. If City at any time, by reason of such Default by Lessee,
19-77 61 /207926 Page 30of51
pays any sum or does any act, the sum paid by City plus the reasonable cost of
performing such act, together with a penalty thereon at the penalty rate set forth in
Section 11 above from the date the costs were incurred or the act performed by
City to the date they are reimbursed to City by Lessee, shall be due as additional
rent not later than five (5) days after service of a written demand therefor on
Lessee, including reasonably detailed documentation of the amount owed. No
such payment or act shall constitute a waiver of Default or of any remedy for
Default or render City liable for any loss or damage resulting from any such act.
( d) Waiver of Rights. Lessee hereby waives any right of redemption or relief from
forfeiture under California Code of Civil Procedure Sections 1174 or 1179, or
under any other present or future law, in the event Lessee is evicted or City takes
possession of the Premises by reason of any Default by Lessee hereunder.
( e) Other Rights of City. No act of City, including, without limitation, City's entry
on the Premises, efforts to relet the Premises, or maintenance of the Premises,
shall be construed as an election to terminate this Lease unless a written notice of
such intention is given to Lessee by City or unless the termination thereof is
decreed by a court of competent jurisdiction. Notwithstanding if City elects to
continue the Lease in full force and effect after a Default by Lessee and to relet
the Premises, City may at any time after such reletting elect to terminate this
Lease for any such Default.
SECTION 39. CUMULATIVE REMEDIES
The remedies given to City in this Lease shall not be exclusive but shall be cumulative
and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this
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Lease. City shall have the right to exercise any other right or remedy which City may have at
law or in equity including, without limitation, City's rights under the unlawful detainer laws.
SECTION 40. WAIVER OF DEFAULT
The waiver by City of any Default by Lessee of any of the provisions of this Lease shall
not constitute a continuing waiver or a waiver of any subsequent Default by Lessee either of the
same or another provision of this Lease.
SECTION 41. CITY'S DEFAULTS/LESSEE'S REMEDY
In the event City fails to perform any material obligation of City under the Lease within
ninety (90) days after receiving written notice from Lessee specifying the nature of such default,
or, if the nature of City's obligation is such that more than ninety (90) days are required for its
performance, if City fails to commence such performance within such ninety (90) day period and
thereafter diligently prosecute the same to completion, then City shall be in default of this
obligation. If City's default materially interferes with Lessee's use of the Premises for its
intended purpose, Lessee shall have the option to terminate the Lease by giving City at least
sixty ( 60) days' written notice of its intent to terminate. In such a situation, Lessee must still
comply with all of its obligations, liabilities, duties and responsibilities under the Lease,
including, without limitation, paying any Rent due up to the time of termination and surrendering
the Premises pursuant to Sections 57 and 58 below. This remedy of termination is Lessee's sole
and exclusive remedy for a default by City.
SECTION 42. CONSENT
When City's consent/approval is required under this Lease, 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.
19-7761/207926 Page 32 of51
SECTION 43. HOLDOVER
Should Lessee hold over and continue in possession of the Premises after expiration or
termination of this Lease, with or without the express prior written consent of City, Lessee's
continued occupancy of the Premises shall constitute a month-to-month tenancy, subject to all
the terms and conditions of this Lease, at a monthly rent of one hundred ten percent (110%) of
the previous calendar year's annual Rent divided by twelve (12) (or the average monthly Rent
for all months Lessee owned/operated the Concession if Lessee has owned/operated the
Concession for less than one (1) year) or that month's actual Rent, whichever is greater, and shall
not constitute a renewal or extension of the Lease term.
SECTION 44. WAIVER OF CLAIMS
Lessee hereby waives any claim against City, its officers, elected or appointed officials,
employees, agents or volunteers for damage or loss caused by any suit or proceeding directly or
indirectly attacking the validity of this Lease, or any part thereof, or caused by any judgment or
award in any suit or proceeding declaring this Lease null, void or voidable, or delaying the Lease
or any part thereof from being carried out.
SECTION 45. INSPECTION OF PREMISES
Upon at least twenty-four (24) hours advance written, verbal or electronic notice given by
City to Lessee, Lessee shall permit City or City's agents, representatives or employees to enter
the Premises at all reasonable times for the purpose of inspecting, investigating and surveying
the Premises to determine whether Lessee is complying with the terms of this Lease and for the
purpose of doing other lawful acts that may be necessary to protect City's interest in the
Premises or to perform City's duties under this Lease. City also shall have the right in its sole
discretion to do any and all work of any nature necessary for the preservation, maintenance and
19-7761/207926 Page 33of51
operation of property owned, controlled or occupied by City. Lessee shall be given reasonable
notice when such work becomes necessary, and Lessee shall adjust the operation of the
Concession in such a manner that City may proceed expeditiously.
SECTION 46. CITY'S RIGHT TO LEASE BUYOUT
City shall have the right at any time during the entire term of this Lease or any renewals
or extensions thereof to buyout the remaining years of the Lease and Lessee's interest in this
Lease based upon the following buyout formula:
Average of the most recent two (2) years (preceding the date of the notice
of buyout) annual Gross Sales under this Lease or a prior lease multiplied
by a twelve and one-half percent (12. 5%) profit margin multiplied by the
number of years remaining on the Lease discounted by twelve and one-
half percent (12. 5%) to present value.
For example:
The annual Gross Sales for the most recent two (2) years of the Concession are
$335,000.00 and $350,000.00. If City gives Lessee notice of its buyout intention in September,
the preceding two (2) years would be the preceding twenty-four (24) months ending in August.
There are three (3) years remaining in the Lease.
The average of the Gross Sales of the most recent two (2) years is $342,500.00
($335,000.00 + $350,000.00/2).
The profit margin is 12.5% of the most recent two (2) year average which is $42,812.50
($342,500.00 x 0.125).
The profit margin is then discounted at the rate of 12.5% to present value over the
remaining years of the Lease:
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Year 1: $42,812.50 I 1.125 = $38,055.56
Year 2: $42,812.50 I l.125 I 1.125 = $33,827.16
Year 3: $42,812.50I1.125I1.125I1.125 = $30,068.59
All of the discounted cash flows for the remaining years of the Lease are totaled and the
result is the buyout price of the Lease. In this case, the City's buyout price is $101,951.31.
If Lessee has owned/operated the Concession for less than two (2) years, the City's
buyout price will be the greater of (1) the amount calculated under the Gross Sales formula
above or (2) all reasonable and provable start-up costs, which start-up costs will be determined
by City in its sole discretion. The annual Gross Sales figure on which to calculate the buyout
amount shall be calculated as follows:
The average monthly Gross Sales for all months up to twenty-three (23)
months converted into an annual Gross Sales figure.
For example, if City decides to buyout the Lease of a new Lessee who has
owned/operated the Concession for fifteen (15) months, with an average monthly Gross Sales
figure of Five Thousand Dollars ($5,000.00), the annual Gross Sales figure for the option to
buyout would be Sixty Thousand Dollars ($60,000.00).
For purposes of this calculation, a Lessee shall not be considered a new lessee if the
Concession was previously owned/operated by a lessee, whose assignment, encumbrance,
occupation or use, sublease or other transfer to Lessee did not require City approval in Section
34 above.
At City's sole option, City shall have the right, but not the obligation, to purchase any or
all of Lessee's Trade Fixtures (defined in Section 52 below), based on the appraised fair value
market of the Trade Fixtures.
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If City desires to purchase any or all of Lessee's Trade Fixtures, City shall select an
appraiser to provide an appraisal of such Trade Fixtures. If Lessee disagrees with City's
appraisal, Lessee, at its sole cost and expense, shall select another appraiser to provide an
appraisal. If City disagrees with Lessee's appraisal, City shall select another appraiser to
perform an appraisal. In such case, the parties agree that the price for the Trade Fixtures will be
the average of these three (3) appraisals. All appraisers must be members in good standing in the
American Society of Appraisers. Notwithstanding the foregoing, at any time, City may elect not
to purchase any or all of Lessee's Trade Fixtures.
Upon City's request, Lessee shall provide City with proof of lien free, good and
merchantable title to any such Trade Fixtures City desires to purchase. Lessee shall protect,
defend, indemnify, and hold harmless City, its officers, elected and appointed officials,
employees, agents and volunteers from and against any and all liens, claims, damages, losses,
expenses, judgments, demands and defense costs (including, without limitation, costs and fees of
litigation (including arbitration) of every nature or liability of any kind or nature) arising out of
or in connection with Lessee's fraud, omission or negligence regarding any purchase of Lessee's
Trade Fixtures by City. Lessee will conduct all defense at its sole cost and expense and City
shall approve selection of Lessee'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 Lessee.
Lessee acknowledges and agrees that this Lease buyout option of City has been
negotiated at arms-length and does not constitute nor does Lessee construe this to be an act of
eminent domain or inverse condemnation. In the event City exercises this buyout option, Lessee
waives any and all claims of loss of business goodwill and relocation rights or benefits. Lessee
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also shall immediately surrender the Premises as set forth herein and comply with, without
limitation, Sections 57 and 58 below.
SECTION 47. PHOTOGRAPHY
Lessee acknowledges and agrees that City may grant permits to third parties engaged in
the production of still and motion pictures and related activities to take photographs
or videos of or on the Premises when such permission shall not interfere with the primary
business of Lessee, all without providing Lessee with notice or requiring consent by Lessee.
SECTION 48. HAZARDOUS SUBSTANCES
Lessee represents and warrants that its use or occupation of the Premises shall not
generate any Hazardous Substance (as defined below in this Section), and it shall not store or
dispose on the Premises nor transport to or over the Premises any Hazardous Substance during
the entire term of this Lease or any renewals or extensions thereof or during any holdover period.
The foregoing restrictions shall not be deemed to restrict or prohibit the use by Lessee of
ordinary cleaning products as customarily used in Lessee's ordinary course of business at the
Concession, provided that Lessee complies with all provisions of law as to the use, storage and
disposal of such products. Lessee further agrees to clean up and remediate any such Hazardous
Substance on the Premises, and 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 (including arbitration) of every nature or liability
of any kind or nature) arising out of or in connection with any such Hazardous Substance and
any damage, loss, or expense or liability resulting from any such Hazardous Substance including,
without limitation, all attorney's fees, costs and penalties incurred as a result thereof except any
19-77 61 /207926 Page 37 of 51
release caused by the sole negligence or willful misconduct of City. Lessee will conduct all
defense at its sole cost and expense and City shall approve selection of Lessee'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 Lessee. "Hazardous substance" shall be interpreted broadly to mean any substance
or material defined or designated as a hazardous or toxic waste, hazardous or toxic material,
hazardous or toxic or radioactive substance, or other similar term, by any Federal, State or local
environmental law, regulation or rule presently in effect or promulgated in the future, as such
law, regulation or rule may be amended from time to time; and it shall be interpreted to include,
without limitation, any substance which after release into the environment will or may
reasonably be anticipated to cause sickness, death or disease.
SECTION 49. NONDISCRIMINATION
Lessee and its employees shall not discriminate because of race, religion, color, ancestry,
sex, age, national origin or physical handicap against any person by refusing to furnish such
person any accommodation, facility, rental, service or privilege offered to or enjoyed by the
general public. Nor shall Lessee or its employees publicize the accommodation, facilities,
rentals, services or privileges in any manner that would directly or inferentially reflect upon or
question the acceptability of the patronage of any person because of race, religion, color,
ancestry, sex, age, national origin or physical handicap.
In the performance of this Lease, Lessee shall not discriminate against any employee or
applicant for employment, because of race, religion, color, ancestry, sex, age, national origin or
physical handicap. Lessee shall take affirmative action to ensure that applicants are employed
and that employees are treated during employment, without regard to their race, religion, color,
19-7761/207926 Page 38 of 51
ancestry, sex, age, national origin or physical handicap. Such action shall include, without
limitation, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including, without limitation, apprenticeship. Lessee shall post in
conspicuous places, available to all employees and applicants for employment, notices setting
forth the provisions of this Section.
Lessee shall permit access to its records of employment, employment advertisements,
application forms, and other pertinent data and records by City, the State Fair Employment
Practices Commission or any other agency with jurisdiction over these matters, for the purpose
of investigation to ascertain compliance with this Section.
City may determine a violation of this Section to have occurred upon receipt of a final
judgment having that effect from a court in an action to which Lessee was a party, or upon
receipt of a written notice from the State Fair Employment Practices Commission or other
government agency with jurisdiction over these matters that it has investigated and determined
that Lessee has violated the Fair Employment Practices Act or other applicable discrimination
law and has issued an order which has become final, or obtained an injunction. In the event of
violation of this Section, City shall have the right to terminate this Lease, and any loss of revenue
sustained by City by reason thereof shall be borne and paid for by Lessee, at its sole cost and
expense.
SECTION 50. ENTERTAINMENT PROHIBITED
Notwithstanding anything to the contrary, live entertainment in, on, or from the Premises
is expressly forbidden, unless expressly permitted in writing by City in advance.
19-7761/207926 Page39of51
SECTION 51. LIENS
Lessee shall keep the Premises free and clear from any and all liens, including, without
limitation, mechanics' or materialmens' liens, claims and demands for work performed,
materials furnished, or operations conducted on or about the Premises or by reason of any use or
occupancy by Lessee, or any person claiming under Lessee. When applicable, Lessee shall
cause a notice of nonresponsibility to be posted and recorded pursuant to California Civil Code
Section 3094.
SECTION 52. INSTALLATION AND REMOVAL OF TRADE FIXTURES
Lessee shall have the right during the entire term of this Lease or any renewals or
extensions thereof, at Lessee's sole cost and expense, to install or affix in, to, or on the Premises
any machinery, equipment and other objects (the "Trade Fixtures"), for use in Lessee's trade or
business as Lessee may deem advisable. Any and all such Trade Fixtures that can be removed
without structural damage to the Premises shall, subject to Section 58 below, remain the property
of Lessee and may be removed by Lessee at any time prior to the expiration or termination of
this Lease, provided Lessee repairs any damage caused by the removal. Upon execution of this
Lease and every anniversary, Lessee shall provide City with a list of all Trade Fixtures on the
Premises.
SECTION 53. DESTRUCTION
Should the Premises be partially destroyed, this Lease shall continue in full force and
effect, and Lessee, at Lessee's sole cost and expense, shall complete the work of repairing and
restoring the Premises to their prior condition providing such work can be accomplished under
all applicable governmental laws and regulations within one hundred eighty ( 180) days. Should
the Premises be so far destroyed that in City's reasonable judgment they cannot be repaired or
19-7761/207926 Page 40 of 51
restored to their former condition within one hundred eighty (180) days, City shall give Lessee
notice of such determination in writing and each party may, in that party's sole discretion:
(a) Continue this Lease in full force and effect in which case Lessee shall repair and
restore, at Lessee's sole cost and expense, the Premises to their former condition;
or
(b) Terminate this Lease by giving the other party thirty (30) days' written notice of
such termination within sixty (60) days after the date that City gives Lessee notice
that the Premises cannot be repaired or restored to their former condition within
one hundred eighty (180) days. In the event that either party elects to terminate
this Lease, the entire amount of any insurance proceeds (excluding such proceeds
for Trade Fixtures, personal property whether or not owned or leased by Lessee
and trade inventory, but only to the extent that the insurance proceeds specifically
cover those items) shall be paid to City. The proceeds of any such insurance
payable to City may be used, in the sole discretion of City, for rebuilding or repair
as necessary to restore the Premises or for any other such purpose( s) as City sees
fit. In addition, if Lessee elects to terminate the Lease, Lessee must still comply
with all of its obligations, liabilities, duties and responsibilities under the Lease,
including, without limitation, paying any Rent due up to the time of termination
and surrendering the Premises, pursuant to Sections 57 and 58 below.
In the event of the damage or destruction of Improvements, Trade Fixtures and/or
personal property located on the Premises not giving rise to a termination of this Lease, Lessee
shall, at its sole cost and expense, replace and repair the same as soon as reasonably possible to
permit the prompt continuation of Lessee's business at the Premises.
19-77611207926 Page 41of51
SECTION 54. NO ABATEMENT OF RENT DURING REPAIR WORK
The Rent shall not be abated for the time Lessee is prevented from using the whole or a
portion of the Premises. In addition, Lessee shall not be excused from the payment of taxes,
insurance or any other obligations for the time Lessee is prevented from using the whole or a
portion of the Premises. SECTION 55. EMINENT DOMAIN If, during the term of
this Lease or any renewals or extensions thereof or during any holdover period, City's real
property (whether held by City in fee simple, an easement interest or otherwise) and/or the
Premises is taken in eminent domain, the entire award (that is, all forms) of compensation, other
than as provided herein, shall belong to and be paid to City. In the event of condemnation,
Lessee shall be entitled to an award of only the following forms of compensation, if any, from
the condemning authority: compensation for loss of business goodwill; compensation for the
value of any of Lessee's Trade Fixtures; compensation for the value of any of Lessee's personal
property; compensation for the value of any of Lessee's trade inventory; and compensation for
relocation benefits as authorized by law. All other forms of compensation, such as, for example,
but not by way of limitation, any bonus value of Lessee's interest in this Lease, shall belong to
and be paid to City. In the event of condemnation, unless Lessee is allowed by the condemning
authority to continue its operations on the Premises, the Lease shall terminate on the earliest of
the following dates: the date the condemning authority obtains a prejudgment order for
possession; the date title to the Premises vests in the condemning authority; or the date when
Lessee is required by the condemning authority to cease its operations.
19-7761/207926 Page 42 of 51
SECTION 56. RELOCATION AND ASSISTANCE, BUSINESS GOODWILL AND
LEASEHOLD BONUS VALUE
Upon expiration or termination of this Lease for any reason, including, without
limitation, if City exercises its Lease buyout option, but excluding eminent domain, Lessee shall
not be entitled to any relocation rights or benefits, business goodwill or bonus value attributable
to this Lease, and Lessee expressly waives any claim to the same.
SECTION 57. QUITCLAIM DEED
Upon expiration or termination of this Lease as provided for herein, including, without
limitation, in the event City exercises its Lease buyout option, Lessee shall execute and deliver to
City within thirty (30) days thereof, a good and sufficient quitclaim deed to the rights and
interests of Lessee in the Premises and the Lease. Should Lessee fail or refuse to deliver to City
this quitclaim deed, City may record in the Orange County Recorder's Office a written notice
reciting the failure of Lessee to execute and deliver this quitclaim deed. The date of recordation
of this notice by City shall be conclusive evidence against Lessee and all persons claiming under
Lessee of the expiration or termination of this Lease and any rights or interests of Lessee in the
Premises and/or the Lease. Lessee also agrees to execute, acknowledge, and deliver to City any
other instrument requested by City as necessary to perfect City's right, title and interest to the
Premises.
SECTION 58. RESTORATION AND SURRENDER OF PREMISES/TITLE TO
IMPROVEMENTS
On expiration or termination of this Lease, including, without limitation, in the event City
exercises its Lease buyout option, Lessee shall, without compensation to Lessee, promptly
surrender and deliver the Premises to City in as good condition as such were at the
19-7761/207926 Page 43 of 51
commencement date of this Lease, reasonable wear and tear excepted. Lessee also shall, without
compensation to Lessee, surrender all Improvements to City in good condition and repair,
ordinary wear and tear excepted, free and clear of all liens and encumbrances. Lessee also shall
remove all Trade Fixtures, personal property and trade inventory. City may in its sole discretion
accept all or any portion of the Premises, as then improved with Improvements and no sum
whatsoever shall be paid to Lessee or any other person; or City may require Lessee to remove all
or any portion of such Improvements, at Lessee's own risk and cost and expense; or City may
itself remove or have removed all or any portion of such Improvements, at Lessee's own risk and
cost and expense. If required by City to do so, in removing any such Improvements, Lessee shall
restore the Premises as nearly as possible to the conditions existing prior to their installation or
construction. All such removal and restoration shall be to the satisfaction of City and shall be
completed within thirty (30) days of the expiration or termination of this Lease; provided,
however, that Lessee shall be considered a holdover tenant (pursuant to Section 42 above) after
expiration or termination of the Lease until the time Lessee completes this removal and
restoration work, including, without limitation, the removal of any Trade Fixtures, personal
property and trade inventory left on the Premises. In addition, any Trade Fixtures, personal
property or trade inventory left on the Premises after the expiration of this 30-day period,
regardless of cause, shall be deemed abandoned by Lessee. In City's sole discretion, it may
choose to do one or more of the following: ( 1) take any or all of such Trade Fixtures, personal
property and trade inventory as City property; (2) store any or all of such Trade Fixtures,
personal property and trade inventory in a public warehouse or other location at the sole cost,
expense and risk of Lessee, and for the account and in the name of Lessee; or (3) dispose of any
or all of such Trade Fixtures, personal property and trade inventory without any liability to
19-77611207926 Page 44of51
Lessee. In addition, Lessee's indemnification, hold harmless and defense obligations set forth in
this Lease shall apply to such Trade Fixtures, personal property and/or trade inventory, and to
City's actions with respect thereto.
SECTION 59. FORCE MAJEURE -UNA VOIDABLE DELAYS
Should the performance of any act required by this Lease to be performed by either City
or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles,
inability to secure materials, restrictive governmental laws or regulations, or any other cause
except financial inability not the fault of the party required to perform the act, the time for
performance of the act shall be extended for a period equivalent to the period of delay and
performance of the act during the period of delay shall be excused. Provided, however, that
nothing contained in this Section shall excuse the prompt payment of the Rent or other
consideration by Lessee as required by this Lease or the performance of any act rendered
difficult solely because of the financial condition of the party, City or Lessee, required to
perform the act.
SECTION 60. CITY'S OPTION TO CLOSE THE PREMISES
City may close the Premises without liability and without advance notice to Lessee
therefor at any time as City in its sole discretion deems necessary for the protection of life, limb
or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect
any repair, remodeling or rebuilding deemed necessary by City in its sole discretion. The length
of time of any closing of the Premises by City longer than two (2) weeks during a period when
the Concession would otherwise be open shall extend the term of the Lease by the same amount
of time. If this occurs, Lessee and City shall memorialize this extension in writing.
19-77 61 /207926 Page 45 of 51
SECTION 61. DELIVERIES OF SUPPLIES
City may establish the days and times deliveries of supplies may be made and advise
Lessee in writing thereof.
SECTION 62. PARKING
Parking lots adjacent to the Premises are intended for all park users. City will work with
Lessee to identify a specific number of spaces for restaurant purposes on given days and times.
SECTION 63. CONFLICT OF INTEREST
Lessee warrants and covenants that no official or employee of City, nor any business
entity in which an official or employee of City is interested, (1) has been employed or retained
by Lessee to solicit or aid in the procuring of this Lease; or (2) shall be employed by Lessee in
the performance of this Lease without the immediate written divulgence of such fact to City. In
the event City determines that the employment of any such official, employee or business entity
is not compatible with such official's or employee's duties as an official or employee of City,
Lessee, upon request of City, shall terminate such employment immediately. For breaches or
violation of this Section, City shall have the right both to terminate this Lease without liability
and, in its discretion, recover the full amount of any such compensation paid to such official,
employee or business entity. No official or employee of City shall have any financial interest in
this Lease in violation of the applicable provisions of the California Government Code.
SECTION 64. NOTICE
Unless specifically providing for verbal or electronic notice, all notices, certificates, or other
communications required to be given hereunder shall be in writing and made in the following
manner, and shall be sufficiently given and deemed received when (a) personally delivered; or (b)
three (3) business days after being sent via United States certified mail -return receipt requested; or
19-7761/207926 Page 46of51
( c) one ( 1) business day after being sent by reputable overnight courier, m each case to the
addresses specified below; provided that City and Lessee, by notice given hereunder, may designate
different addresses to which subsequent notices, certificates or other communications will be sent:
CITY:
City of Huntington Beach
ATTN: Director of Community
Services
2000 Main Street, P. 0. Box 190
Huntington Beach, CA 92648
SECTION 65. COMPLIANCE WITH LAWS
LESSEE:
Kathy May's Restaurant, Inc.
Attention: Dawn Carrion
8566 Colusa Circle #901A
Huntington Beach, CA 92646
Lessee, at its sole cost and expense, shall comply with all statutes, ordinances, regulations
and requirements of all governmental entities, including, without limitation, Federal, State,
county or municipal, relating to Lessee's use and occupancy of the Premises and/or operation of
the Concession whether such statutes, ordinances, regulations and requirements be now in force
or hereinafter enacted. This Lease is expressly subject to the laws, regulations and policies of
City. Lessee shall deliver to City a copy of any notice from any governmental entity received by
Lessee regarding any alleged violation of law regarding the Lease, Premises or the Concession or
from any person allegedly entitled to give notice under any conditions, covenants, or restrictions
binding or affecting the Premises. The judgment of any court of competent jurisdiction, or the
admission by Lessee in a proceeding brought against Lessee by any government entity, that
Lessee has violated any such statute, ordinance, regulation or requirement shall be conclusive as
between City and Lessee and shall be grounds for termination of this Lease by City.
SECTION 66. INTERPRETATION OF THIS LEASE
The language of all parts of this Lease 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
19-77611207926 Page 47of51
this Lease 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 covenants and
provisions of this Lease. No covenant or provision shall be deemed dependent upon any other
unless so expressly provided here. As used in this Lease, 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 Lease which is hereby
affected shall be curtailed and limited only to the extent necessary to bring it within the
requirements of the law.
SECTION 67. SURVIVAL
Terms and conditions of this Lease, which by their sense and context survive the
expiration or termination of this Lease, shall so survive.
SECTION 68. MODIFICATION
No waiver or modification of any language in this Lease shall be valid unless in writing
and duly executed by both parties.
SECTION 69. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at
the beginning of the various sections in this Lease 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 Lease.
19-7761/207926 Page 48 of 51
SECTION 70. BROKERS
Each party warrants to and for the benefit of the other that it has had no dealings with any
real estate broker or other agent (attorneys excepted) in connection with the negotiation or
making of this Lease.
SECTION 71. INDEPENDENT CONTRACTOR
Lessee 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. Lessee 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
Lessee and its officers, agents and employees and all business licenses, if any, in connection with
the Lease and/or any services to be performed hereunder.
SECTION 72. 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 Lease 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 non-prevailing party.
SECTION 73. LEGAL SERVICES SUBCONTRACTING PROHIBITED
Lessee 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. Lessee understands that pursuant to Huntington Beach City Charter
Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable
for payment of any legal services expenses incurred by Lessee.
19-7761/207926 Page 49 of 51
SECTION 74. GOVERNING LAW
This Lease shall be governed and construed in accordance with the laws of the State of
California.
SECTION 75. DUPLICATE ORIGINAL
The original of this Lease 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 signed it.
SECTION 76. ENTIRETY
The parties acknowledge and agree that they are entering into this Lease freely and
voluntarily following extensive arm's length negotiations, and that each has had the opportunity to
consult with legal counsel prior to executing this Lease. 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
Lease, and that that party has not executed this Lease in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this Lease. The Lease,
and the attached exhibits, contain the entire agreement between the parties respecting the subject
matter of this Lease, the Premises, the leasing of the Premises to Lessee, or the lease term created
under this Lease and supercede all prior understandings and agreements, whether oral or in writing
between the parties respecting the subject matter hereof.
19-7761/207926 Page 50 of51
KATHY MAY'S RESTAURANT, INC.
By: ___________ _
print name
ITS: (circle one) Chairman/President/Vice
President
AND
By: ___________ _
print name
ITS: (circle one) Secretary/Chief Financial
Officer/ Asst. Secretary -Treasurer
REVIEWED AND APPROVED:
City Manager
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
City Clerk
INITIATED AND APPROVED:
19-7761/207926 Page 51 of 51
KATHY MAY'S RESTAURAN1: INC.
print name
ITS: (circle one) Chairma~ice
President
AND
By:~~~~~
ITS: (circle ont!:~hiefFinancial
Officer/ Asst. Secretary -Treasurer
REVIEWED AND APPROVED:
City Manager
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
City Clerk
INITIATED AND APPROVED:
Deputy Director of Economic Development
APPROVED AS TO FORM:
City Attorney lJ11/
19-7761/207926 Page 51of51
----·----------------------~
Kathy May's Restaurant
Huntington Central Park
(6622 Lakeview Drive)
SITE MAP
·--------------
CITY OF HUNTINGTON BEACH
Quarterly Evaluation
Kathy May's Restaurant
SUM1\1ARY SHEET
Date Inspected: ______ _
Kathy May Restaurant, Inc. Representative: -------------
Phone: (714) 514-1622 FAX:
---------------~
Area OK Needs Attention
GENERAL
Doors & Locks
Exterior Walls
Graffiti Removal
Interior Walls
Removal of Bird Droppings
Restrooms (Plumbing)
Roof
Rust
Signage
Trash
Trim
Windows
Patio Area
Other
COMMENTS:
Exhibit "B"
City of Huntington Beach
File #:19-731 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:David Kiff, Interim City Manager
PREPARED BY:Thomas M. Herbel, PE, Acting Director of Public Works
Subject:
Adopt Resolution No. 2019-46 establishing Permit Parking District “Y” affecting residents on
Marken Lane between Slater Avenue and Holland Drive
Statement of Issue:
Residents on Marken Lane between Slater Avenue and Holland Drive have petitioned the City to
establish a residential permit parking district, Permit Parking District “Y” in Huntington Beach.
Financial Impact:
The provisions of Huntington Beach Municipal Code Chapter 10.42 requires that the residents
choosing to participate in a residential permit parking district pay a proportionate share of the cost to
establish or amend the district making the district cost neutral to the City. Typical costs include, but
are not limited to, installation of signs, curb markings, which are initially funded in the General Fund
Signs and Marking business unit 10085302, and staff time to issue permits, which are funded in the
General Fund Transportation Management business unit 10085301. The total cost for this parking
district is estimated at $850 or $47 per address.
Recommended Action:
Adopt Resolution No. 2019-46, “A Resolution of the City Council of the City of Huntington Beach
Establishing Permit Parking District “Y” Within the City of Huntington Beach.”
Alternative Action(s):
Deny the recommended action.
Public Works Commission Action: None required.
Analysis:
Residents on Marken Lane between Slater Avenue and Holland Drive submitted a petition requesting
permit parking due to commuter vehicle parking impacts and other associated issues. The area is
located north of Slater Avenue east of Beach Boulevard and is shown on Attachment 1. The
requesting residents expressed that these concerns occur daily preventing the use of on-street
parking for themselves and guests. In addition to the parking impacts, other specific issues include
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File #:19-731 MEETING DATE:7/15/2019
moving of trash bins on collection day to create parking areas, parking too close to driveways, and
late night noise. The requested permit parking restrictions are midnight to 6 am, every day, including
holidays.
Following procedures in Municipal Code Chapter 10.42, Permit Parking Districts, staff validated the
petition, determined the concerns of the residents require further consideration, and examined the
proposed boundaries. Due to the potential parking issues moving to nearby areas, staff expanded
the proposed permit parking district area to include Marken Lane between Holland Drive and
Friesland Drive, and Holland Drive between Marken Lane and Waal Circle. Ballots were sent to the
affected addresses to vote on the proposal. Municipal Code Chapter 10.42 requires a minimum of
75% of the property units to be favor of the parking district to move the request for further
consideration.
Residents on Marken Lane between Slater Avenue and Holland Drive (petitioned street) voted 83%
in support of permit parking. Residents in the expanded area (Marken Lane between Holland Drive
and Friesland Drive, and Holland Drive between Marken Lane and Waal Circle) received a total of
19% in support of permit parking. Due to the low interest for permit parking in the expanded area it
was removed from consideration for permit parking. The requested permit parking district is the
original petitioned street, properties fronting Marken Lane between Slater Avenue and Holland Drive
and is shown on Attachment #2.
As required by code, staff investigated the conditions on Marken Lane to examine the parking
conditions and related concerns. Field observations and discussions with the residents
demonstrated that the street experiences recurring parking impacts from commuter vehicles, with the
most significant impacts occurring between the late evening and early morning hours, and on the
weekends. Although the noise and trash bin moving issues were not observed by staff, these
concerns were mentioned by several of the residents.
Due to the observed parking conditions and discussions with the residents, staff believes findings can
be made showing that commuter vehicle parking unreasonably and regularly interferes with the use
of available on-street parking for residents and their guests, and causes other related disturbances.
These findings are consistent with requirements of the Municipal Code as a basis for establishing
permit parking. The number of addresses that would comprise the permit parking district is eighteen
(18). Notices were sent to the affected properties and properties within 500 feet of the proposed
district boundaries indicating the date and time of the City Council meeting.
Public Works Commission Action:
None required.
Environmental Status:
The project is categorically exempt from CEQA.
Strategic Plan Goal:
Enhance and maintain infrastructure.
Attachments:
1.Vicinity Map
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File #:19-731 MEETING DATE:7/15/2019
2.Requested Permit Parking Map
3.Staff Evaluation
4.Resolution 2019-46
City of Huntington Beach Printed on 7/10/2019Page 3 of 3
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Proposed Permit Parking District - Marken Lane
The requested residential permit parking street is Marken Lane between Slater Avenue and Holland
Drive. The street is located north of Slater Avenue east of Beach Boulevard. A vicinity map of the
location is shown in the diagram below.
The residents are requesting parking restrictions between midnight to 6 a.m. every day, including
holidays due to commuter vehicle parking impacts from apartments and duplexes south of Slater
Avenue near Marken Lane and Holland Drive, and other related issues. In addition to the parking
impacts, other specific issues include, moving of trash bins on collection day, parking too close or in
2 | Page
front of driveways, and late night noise. Figure 1 shows the requested parking district street along
Marken Lane north of Slater Avenue.
Figure 1. Requested Permit Parking District on Marken Lane.
Marken Lane Permit Parking Request Summary
Public Works staff received a petition from residents on Marken Lane between Slater Avenue and
Holland Drive requesting permit parking be established on the street. The reasons for the request are
concerns with the availability of on-street parking for residents and their guests, cars parking in front of
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driveways, moving trash bins to uncollectable areas to obtain additional on-street parking, and late
night noise from commuter vehicle parking on the street.
As required by regulations of Municipal Code Chapter 10.42, Permit Parking Districts, staff reviewed
and determined that the petition and request were valid. The requested boundaries were examined
and a determination was made by staff to include properties on Marken Lane north of Holland Drive,
and Holland drive from Marken Lane to Waal Circle to vote on the proposal. These streets may be
impacted should parking restrictions be implemented on the first block of Marken Lane and gives an
opportunity for these residents to be included in the parking district should interest exist. The code
allows staff to modify the boundaries of the proposed parking district and to send notices to the
additional residents as if included with the initial request. The considered permit parking district area
as modified is shown on Figure 2.
Figure 2. Streets Considered for Establishing Permit Parking
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Ballots were mailed to the property owners and residents to vote on the permit parking proposal. Per
code, the property owner has initial opportunity to vote. In absence of the property owner vote, the
vote of the tenant of the property will be counted. Results of the returned ballots are summarized in
Table 1 and shown in Figure 3.
Table 1 - Voting Results for Permit Parking District Proposal
Street Percent Voting “YES”
for Permit Parking
Marken Ln (Slater Av to Holland Dr) 83 %
Marken Ln (Slater Av to Holland Dr) 19 %
Holland Dr (Marken Ln to Waal Cir) 0 %
Figure 3. Permit Parking Voting Results.
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Properties along Marken Lane between Slater Avenue and Holland Drive voted 83% in favor of the
request, while Marken Lane between Holland Drive and and Friesland Drive voted 19% in support of
permit parking. Holland Drive between Marken Lane and Waal Circle received no votes (0%) in support
of permit parking. The Municipal Code requires a minimum of 75% of support for the permit parking
district request to move forward for further consideration. Since the first block of Marken Lane was
the only street section meeting the 75% support criteria with the other streets demonstrating minimal
or no interest in permit parking, the proposed permit parking district request was determined to be
Marken Lane from Slater Avenue to Holland Drive (the original request).
Field survey of parking conditions:
As part of the process for evaluating a residential permit parking district request, staff conducted field
investigations of the area to examine the on-street conditions on Marken Lane. The following
summarizes parking conditions from field reviews of the street. The days and times of the survey were
based on suggestions from the residents.
Field Survey 1:
Wednesday, 6:30 am
Marken Lane
(Slater Av to Holland Dr)
No. Parked
Vehicles
Parking
Capacity
Percent
Occupancy
East Side 10 15 67%
West Side 9 14 64%
Field Survey 2:
Sunday, 7:00 am
Marken Lane
(Slater Av to Holland Dr)
No. Parked
Vehicles
Parking
Capacity
Percent
Occupancy
East Side 14 15 93%
West Side 13 14 93%
Field Survey 3:
Tuesday, 9:00 pm
Marken Lane
(Slater Av to Holland Dr)
No. Parked
Vehicles
Parking
Capacity
Percent
Occupancy
East Side 12 15 80%
West Side 11 14 79%
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Field Survey 4:
Thursday, 5:00 pm
Marken Lane
(Slater Av to Holland Dr)
No. Parked
Vehicles
Parking
Capacity
Percent
Occupancy
East Side 6 15 40%
West Side 6 14 73%
Analysis:
Municipal Code Chapter 10.42 requires staff to determine whether commuter vehicle parking regularly
interferes with the use of available on-street parking, or the unrestricted parking produces health,
safety, or welfare concerns. Staff observed parking impacts during the late evening and early morning,
consistent with discussions with Marken Lane residents. Another parking issue voiced by residents was
vehicles parking in front of driveways even for brief periods of time. Although this condition was not
observed by staff from the field visits, a few residents voiced their concern about this issue. The
requested parking restriction times are midnight to 6 am which is consistent with the peak commuter
vehicle demand periods, with on-street parking generally available and not impacted during regular
working hours.
Additionally, discussions with the residents regarding the commuter vehicle parking disturbances
included issues with trash bins, late night noise, and littering. The residents complained about
commuter vehicle occupants moving trash bins to uncollectable locations or parking too close to the
bins to prevent them from being emptied on trash day. Although staff did not notice these
disturbances on one observed trash collection day, the issue was repeated by discussions with several
residents. Additionally, staff did not notice noise disturbances during the field visits, but the issue was
repeated by several Marken Lane residents. One resident spoke of littering and trash on the street
though not observed by staff during the field surveys. Photos of on-street conditions on Marken Lane
are shown on the Page 7.
Staff Recommendation:
Based on the field observations and discussions with residents, staff is recommending establishing
permit parking along Marken Lane from Slater Avenue to Holland Drive from midnight to 6 am every
day, including holidays. Staff’s opinion is that criteria specified in Municipal Code 10.42 has been met
7 | Page
for creating a new permit parking district for City Council consideration. The number of affected
properties is eighteen (18).
Photo 1. Typical On-Street Impacted Parking on Marken Lane after 7:00 P.M.
Photo 2. Vehicle Parked Across Driveway on Marken Lane
City of Huntington Beach
File #:19-757 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Travis K. Hopkins, PE, Director of Public Works
Subject:
Adopt Resolution No. 2019-48 confirming reports of cost for weed abatement on private
property within the City for the 2019 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 actual costs incurred for
the abatement of weeds on private properties.
Financial Impact:
A special assessment totaling $14,360.08 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.2019-48, “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
Private Property Within the City for the 2019 Season”; and,
B)Direct that all charges listed thereon be certified to the Orange County 2019/20 Property Tax
Roll.
Alternative Action(s):
Deny approval of the resolution and forego reimbursement to the City for the cost for weed
abatement services performed on 29 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
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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 materials 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.
Pursuant to City Council direction on March 15, 2019, the City has cleared 29 such properties. The
cost of the work totals $14,360.08 as reported on the attached 2019 Weed Abatement Cost Report in
Exhibit A of the resolution. 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 8, 2019. Excepting objections to the cost report, the
Director of Public Works recommends confirmation and approval of the 2019 Weed Abatement Cost
Report.
Environmental Status:
Categorically exempt.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1.Resolution No.2019-48,“A Resolution of the City Council of the City of Huntington Beach
Confirming Reports the Public Works Director Regarding the Cost for Weed Abatement on
Private Property Within the City for the 2019 Season.”
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City of Huntington Beach
File #:19-759 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Chuck Adams, Interim Chief Financial Officer
Subject:
Adopt Resolution No. 2019-49 Approving the Certification of Special Assessments for
Collecting Delinquent Civil Fines for Nuisance Violations of the Municipal Code
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 $193,196.35. Should these special
assessments be placed on the property tax rolls and subsequently collected, these monies will be
deposited in the General Fund in Fiscal Year 2019/20.
Recommended Action:
Adopt Resolution No.2019-49,"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."
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.
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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
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 actions.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1.Resolution No.2019-49,“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.”
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RESOLUTION NO. 2019-49
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
WHEREAS, the City Council has adopted Huntington Beach Municipal Code
1.18, which provides that any violation of its Municipal Code shall constitute a nuisance;
and
Authorizes the issuance of administrative citations that impose civil fines upon
persons who commit property-related nuisance violations of the Municipal Code; and
Certain administrative citations have been issued for such property-related
nuisance violations and civil fines imposed thereby have not been paid by the responsible
persons who committed the Municipal Code violations; and
Section 1.18.150 of the Municipal Code provides that any unpaid delinquent civil
fines, interest and penalties may be recovered as such a nuisance abatement lien or
special assessment against the property of the responsible person who is the owner of the
property where the violations occurred; and
To compel code compliance, the City may seek to abate the nuisance and collect
the costs incmTed by means of a nuisance abatement lien and/or special assessment
against the prope1ty where a prope1ty-related violation occurred as part of the nuisance
abatement procedures authorized by Government Code Section 38773.5; and
The City Council wishes to certify certain prope1ty-related nuisance abatement
fines, interest and penalties as delinquent and have them collect as special assessments
against the real prope1ty involved.
NOW, THEREFORE, the City Council of the City of Huntington Beach does
hereby resolve as follows:
I. The special assessments designated on Exhibit A, which is attached and
incorporated herein by this reference, are hereby certified as being delinquent civil fines,
interest and penalties owing to the City of Huntington Beach and qualified for collection
as special assessments under Section 1.18.150 C.
2. The City Council as part of the City's nuisance abatement program orders
that these delinquent fines, interest and penalties are to be collected as special
assessments against the respective prope1ties shown on Exhibit A pursuant to the
provisions of Municipal Code Section 1.18.150 C and Government Code Section
38773.5.
19-7749/207925
RESOLUTION NO. 2019-49
3. Pursuant to such authority, the Chief Financial Officer i s directed to take
the re qu1 s1te steps for recording notice of such assessments against the respective
properties in the prope1ty records of the County of Orange and for obtaining the
collection of such assessments by the Tax Collector of the County of Orange.
4. The Chief Financial Officer is also authorized to take the necessary steps
to have releases filed with the County Recorder when any such special assessments have
been paid.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the day of , 2019.
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manager
B:~A, ~ ) L-k> ~St City AttoAey
INITIATED AND APPROVED:
~~
l5" Interim_.Chief F in ancial Officer
19-7749/2 07925 2
I EXHIBIT A I
Dates/Fine
Amount(s)fTotal
(w/late fees &
Propertv Address Owner charges) Vlolation(s) APN Number
9581 Telhan Dr Huntington Robert Briganti 12/22/17 $500 17.10.050 (z) 153-153-30
Beach, CA 92646 1/30/18 $1,500 HB250 231.02 (E)
517/18 $3,000 CHSC 17920.3 (a)(14)
5/31/18 $4,000 CHSC 17920.3 (g)
6/27/18 $4,000
7/23/18 $4,000
10/17/18 $4,000
11115/18 $2,000
Total $26,319.43
19502 Surfdale Ln Diane Starbuck 5/4/16 $2,000 17.10.050 (p); 023-202-05
Huntiingtn Beach, CA 5/20/16 $4,000 17.10.050 (u);
92648 5/21/16 $4,000 8.48.180;
5/23/16 $4,000 CHSC 17920.3 (i)
5/23/16 $2,000
7/28/16 $4,000
7/29/16 $4,000
3/8/18 $500
3/21/18 $1,000
3/27/18 $2,000
3/29/18 $2,000
4/4/18 $2,000
4/20/18 $2,000
4/25/18 $2,000
4/26/18 $2,000
5/8/18 $ 2,000
Total $44,094.07
19092 Beach Bl #'s J, K, L & Phoung Pham 4/9/18 $1,000 17.10.050 (c) 153-041-28
M Huntington Beach, CA 4/9/18 $1,000 17.04.020
4/9/18 $500 HB250 204.18 CBC 111.1
7/11/18 $2,000 HB250 215.04CBC111,112.3
7/11/18 $2,000
7/11/18 $1,000
8/20/18 $1,000
8/20/18 $500
8/20/18 $1,000
8/22/18 $2,000
8/22/18 $2,000
8/22/10 $1,000
9/21/18 $500
11/15/18 $1,000
Total $27,769.46
17511 Griffin Ln #7 Bao Voung Ho 4/30/19 $4,000 17.10.050 (b) (1) (2) 939-271-30
Huntingtion Beach, CA 5/1/19 $4,000 17.04.020
92647 Total $B,07B.00 CHSC 17920.3 (a)(14) (B)(4)(6)(D)
2019-2020 Lien List detail Council 6-30-19.xls
Dates/Fine
Amount(s)ffotal
(w/!ate fees &
Violation(s) Prooertv Address Owner charges) APN Number
9442 Greenwich Dr Ann Lydia Pigage 4/19/17 $250
17.10.050 (z) 153-323-17
Huntington Beach, CA HB250 210.04
92646
5/1/17 $500.00 HB250 231.02 E1
5/5/17 $1,000 CHSC 17920.3 (I)
5/9/17 $250
5/11/17 $1,250
5/18/17 $500
5/19/17 $1,000
5/21/17 $500
5/25/17 $1,000
5/31/17 $1,000
6/3/17 $1,000
6ni2017 $1,000
6/9/17 $1,000
6/19/17 $1,000
5/20/19 $1,000
8/2/17 $1,000
8/9/17 $1,000
8/12/17 $1,000
8/13/17 $1,000
8/21/17 $1,000
9/5/17 $1,000
9/14/17 $1,000
9/26/17 $1,000
9/27/17 $1,000
9/30/17 $1,000
10/8/17 $1,000
10/12/17 $1,000
11/1/17 $1,000
3/8/18 $1,000
3/13/18 $1,000
3/23/18 $1,250
7/23/18 $1,000
8/23/18 $3,000
' 8/24/18 $2,000
8/25/18 $2,000
8/26/18 $2,000
8/27/18 $2,000
8/28/18 $2,000
8/29/18 $3,000
8/30/18 $3,000
8/31/18 $2,000
9/1 /18 $2, 000
9/2/18 $3,000
9/3/18 $3,000
9/4/18 $3,000
9/5/18 $3,000
9/6/18 $2,000
9/7/18 $2,000
9/12/18 $3,000
Total $86,935.37
2019-2020 Lien List detail Council 6-30-19.xls
City of Huntington Beach
File #:19-761 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Antonia Graham, Assistant to the City Manager
Subject:
Adopt Resolution No. 2019-47 Approving the Withdrawal of the City from the Public Cable
Television Authority
Statement of Issue:
On January 22,2019,the City Council voted to authorize the City Manager to issue a six (6)month
Notice of Intent to Terminate Huntington Beach’s membership in the Public Cable Television Authority
(PCTA)Joint Powers Authority (JPA)pursuant to Section 4 of the JPA Agreement.This Council
Action will formalize the City’s Intent to Withdraw by adopting a Resolution Approving the Withdrawal
of the City from the PCTA.
Financial Impact:
The City currently finances 67% of PCTA’s annual operating and Public, Educational, Governmental
(PEG) Access budgets. Additionally, the City also comprises at least 67% of PCTA’s fund balances
and reserves based on similar historical contributions. Upon withdrawal, the City will begin to collect
100% of the franchise and PEG fees generated from Huntington Beach cable subscribers directly
from the cable providers. This amount is approximately $605,000 annually. These funds will be
deposited into a restricted fund which the City will oversee to fund our own cable channel operations
and programming.
Recommended Action:
Adopt Resolution No. 2019-47, “A Resolution of the City Council of the City of Huntington Beach
Approving the Withdrawal of the City from the Public Cable Television Authority.”
Alternative Action(s):
Do not approve the Resolution and direct staff accordingly.
Analysis:
Beginning in April 2018,the City Council directed staff to analyze PEG access/outreach methods and
the operations of the PCTA.Staff subsequently presented City Council with information related to the
best practices of local government programming.This Study Session included the history of PCTA,
an overview of their governance structure and finances,and a look at what the current trends are in
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an overview of their governance structure and finances,and a look at what the current trends are in
TV -specifically PEG Channels.Following that Study Session,staff once again came back to
Council in July 2018 and presented further findings about the existing operations of PCTA,reported
back on PEG operations in neighboring jurisdictions,and provided an overview of the National
Association of Telecommunications Officers and Advisors (NATOA)conference where staff learned
about best practices and trends in the cable marketplace.
What was gleaned from this deep dive was clear -the operations of the PCTA JPA had not kept pace
with the emerging trends in the marketplace and were somewhat out of date.More and more people
are “cutting the cord”or have never subscribed to cable TV in the first place and are using alternative
means to view desired products (e.g. streaming services like Amazon Prime, Netflix and Hulu).
On December 17,2018,staff presented an exit and transition plan to the City Council.Following that
meeting,the City Council on January 22,2019 directed the City Manager to issue a Notice of Intent
to Terminate from PCTA effective July 22,2019.Since January,staff has implemented the PCTA Exit
and Transition Plan and has held weekly “Red Team”meetings comprised of staff from the City
Manager’s Office,City Attorney’s Office,Information Services,Office of Business Development,and
Finance to ensure a seamless transition.This Council Action is the culmination of six months of
preparation to assume the functions of managing and running a public access channel.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1.Resolution No. 2019-47, “A Resolution of the City Council of the City of Huntington Beach
Approving the Withdrawal of the City from the Public Cable Television Authority.”
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City of Huntington Beach
File #:19-767 MEETING DATE:7/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Dave Kiff, Interim City Manager
PREPARED BY:Marie Knight, Director of Community Services
Subject:
Approve for introduction Ordinance 4185 repealing Huntington Beach Municipal Code Section
2.101 relating to the dissolution of the Allied Arts Board (AAB)
Statement of Issue:
Approve for introduction Ordinance 4185 to repeal Section 2.101 of the Huntington Beach Municipal
Code to dissolve the Allied Arts Board.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance 4185, “An Ordinance of the City of Huntington Beach Repealing
Huntington Beach Municipal Code Section 2.101 Allied Arts Board.”
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
The Allied Arts Board (AAB) was established in 1979. Per Municipal Code Chapter 2.101, the
purpose of the AAB is to encourage and promote cultural activities in the City and to act as an
advisory body to the City Council on matters pertaining to arts and cultural affairs. The AAB currently
meets once every other month. Past ongoing programs have included the twice-a-year art contest
and awards ceremony recognizing the talents of our local artists and their commitment to the arts.
At the time when the Allied Arts Board (AAB) was established, opportunities and advocacy for arts
and culture were limited. However, since then, the number of local arts organizations has grown, as
well as these groups’ presence and community involvement. Local artists now find their voice
through the advocacy of several new organizations, including the Huntington Beach Art League, the
Huntington Harbour Art Association, Las Damas (Sunset Beach), as well as the Huntington Beach Art
Center’s Artist Council. Through the active involvement of our local artists in these groups, the prior
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mission and purpose of the establishment of the AAB has been shared by a variety of organizations
whose purpose is to advocate for the arts.
Furthermore, at the April 2, 2018, City Council Meeting, a Council Member Item was approved, which
directed the City Manager to prepare a proposal for the creation of a comprehensive public art
program and to review and make recommendations regarding the composition and mission of
existing boards and commissions, including the AAB.
Consequently, a Public Art Task Force was created, comprised of members from the AAB, Visit
Huntington Beach, as well as City staff from Community Services, Community Development, and the
City Manager’s Office. The Task Force looked at other cities in the region and how they handled
public art, as well as the City’s public art component currently used in our development approval
processes. The Task Force compiled several recommendations related to an overall Public Art
Master Plan. One of those recommendations was that the Allied Arts Board be transitioned to a new
entity with new roles and responsibilities pertaining to public art in Huntington Beach. Director Marie
Knight met with the Allied Arts Board on July 30, 2018, to discuss this recommendation and the
Board was 100% supportive of this direction. The Board members were excited about the
opportunity to help shape this new venture in the city.
At the August 6, 2018, City Council Study Session, Community Services Director Marie Knight and
the Public Art Task Force presented a Public Art Master Plan Proposal for discussion. This proposal
recommended that the AAB be transitioned to a new entity with new roles and responsibilities
pertaining to public art in Huntington Beach. Additionally, a recommendation was made to engage an
outside consultant to assist with finalizing the Plan, the creation of public art policies, creation of a
“Call for Artist” program, and procedures and a community engagement process for the final plan. A
Request for Proposal (RFP) has been conducted and staff is in the final steps of procuring consulting
services, anticipating that the project will begin later this month.
As of June 2019, there are currently six vacancies within the AAB due to term expirations and
resignations, leaving three active members. Given that the AAB will soon transition into a new entity
to work on Public Art, staff recommends that the City Council thank the AAB for its service and then
dissolve the AAB at this time. Existing board members, two of whom have been members of the
Task Force, would be invited to continue their participation in the existing Public Art Task Force,
serving in a technical advisory capacity throughout the master plan and public engagement process.
Staff has discussed this direction with members of the Allied Arts Board, and we are confident that
there is a consensus of AAB members who agree with this direction.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1.Ordinance 4185 repealing Section 2.101 relating to the Allied Arts Board
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2.Huntington Beach Municipal Code Section 2.101 Legislative Draft
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Chapter 2.101 ALLIED ARTS BOARD
Note
* Note: § 2.101.100 repealed by Ord. 3958-11/12.
2.101.010 Established
There is hereby established the Allied Arts Board. (2385-7/79, 2904-7/87)
2.101.020 Purpose
The purpose of the board shall be:
A. To encourage and promote cultural activities in the City.
B. To act as an advisory body to the City Council on matters pertaining to arts and cultural
affairs. (2385-7/79, 2904-7/87)
2.101.030 Composition
A. The board shall be composed of nine members appointed by the City Council by a majority
vote. At least one member of the board shall be a member of the Art Center Foundation.
Notwithstanding any other provision of this Municipal Code, there shall be no limit on the
number of consecutive terms a board member may serve. The term of office of the board
members shall be four years. Members shall hold no paid office or employment in the City
government while serving on such board. If the City Council determines that a member be
retired, it may so order and appoint a successor for the unexpired term of office of such retired
member. Further, members shall be privileged to retire voluntarily from the board at any time,
successors to be appointed in such cases for the unexpired terms of office, and also in the event
of other occurring vacancies from whatever cause, by the City Council by a majority of votes.
B. Regular attendance at meetings is required of all members to enable the board to discharge
its duties. A member absent from three meetings in a fiscal year shall be deemed to have
resigned from the board, and immediate notification shall be given to the Mayor and City
Council of such vacancy. Under extreme situations, the board may consider a request for
reconsideration. (2385-7/79, 2904-7/87, 3034-4/90, 3924-12/11)
2.101.040 Secretary
The Director of Community Services, or his or her designee, shall serve as secretary to the board
without the power to vote, and shall keep permanent minutes of the board meetings. Newly
Revised Roberts’ Rules of Order (current edition) shall govern the procedure of the meetings of
the board unless inconsistent with other provisions of this chapter. (2385-7/79, 2904-7/87)
2.101.050 Authority and Responsibilities
The board shall act in an advisory capacity to the City Council in matters pertaining to the arts
and cultural affairs by:
A. Studying, interpreting and reporting to City Council on arts activities appropriate to the
City.
B. Encouraging financial support from the community for cultural programs and facilities.
C. Reviewing the annual budget as presented to City Council.
D. Performing other functions and cooperating with other civic organizations as required.
E. May request and receive from City staff, via the secretary, reports and recommendations for
action consistent with the purposes and functions set forth in this and preceding sections. (2385-
7/79, 2904-7/87)
2.101.060 Meetings—Quorum
The board shall meet at such time and place as it may fix by resolution. All meetings shall be
open to the public. A majority of the board shall constitute a quorum for the transaction of
business. (2904-7/87)
2.101.070 Acceptance of Gifts
The board may accept all gifts, devices, legacies or bequests, either real or personal property
from any source, public or private. An acquisition by or dispersal to the board shall be
administered through the Community Services Department of the City on authorization from this
board. All acquisitions and/or dispersals shall be consistent with the purposes and functions of
the board as set forth in Section 2.101.020 of this chapter. (2385-7/79, 2690-7/84, 2904-7/87,
3718-8/05)
2.101.080 Mayor—Ex Officio Member
The Mayor may be an ex officio member of the board or may appoint a councilmember to act as
an ex officio member. (2904-7/87)
2.101.090 Election of Officers
The board shall elect from its members a chairperson and vice chairperson at the regular June
meeting. Such officers shall serve for one year or until their successors are elected. The
chairperson and vice chairperson may make and second motions and shall have a voice and vote
in all proceedings. (2904-7/87)
2.101.110 Operating Policies
Except as otherwise provided in this chapter, the board shall conform to the operating policy for
boards and commissions as set forth in Chapter 2.100 of this Code. (2919-12/87)