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HomeMy WebLinkAbout2020-10-19 Agenda Packet AGENDA City Council/Public Financing Authority Regular Meeting Monday, October 19, 2020 at 6:00 PM MAYOR AND CITY COUNCIL LYN SEMETA, Mayor KIM CARR, Mayor Pro Tem PATRICK BRENDEN, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember ERIK PETERSON, Councilmember MIKE POSEY, Councilmember Recorded live from the City Council Chambers 2000 Main Street Huntington Beach, CA 92648 SPECIAL NOTICE REGARDING COVID-19 STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 which allows a local legislative body to hold public meetings via teleconferencing, and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that some members of the Huntington Beach City Council and/or City staff may participate in this meeting telephonically or electronically. PUBLIC PARTICIPATION/AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: Pursuant to Executive N-29-20 and given the current health concerns, members of the public are encouraged to access the meeting live on-line at https://huntingtonbeach.legistar.com, or can elect to view the meeting via cable television channel HBTV-3. The Council Chambers will be not open for in-person attendance to provide public comments. In order to ensure adequate social distancing, the City will not make a physical location available for the public to observe the meeting or offer public comment in person. To ensure the public’s right to fully participate in providing meaningful public comments at the October 19, 2020, City Council meeting: The public may submit a comment via Zoom Webinar, with the preferred method of entry from a computer device. Zoom applications are available for Windows, Mac, iPhone, iPad, and Android devices. Proceed to https://zoom.us/test from the device you intend to use to ensure it is ready to join the meeting. A phone-in option is also available. At 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may join the webinar via the Zoom app and enter Webinar ID 971 5413 0528, or can click on the following link https://huntingtonbeach.zoom.us/j/97154130528. Individuals may also join the webinar by calling (669) 900-6833 and entering Webinar ID 971 5413 0528. Attendees will be placed in a holding queue and prompted to speak when the Clerk announces their name or the last three digits of their phone number. Speakers are encouraged, but not required to identify themselves by name. Each person may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of calls. The public comment holding queue will remain open for approximately 15 minutes. The process as previously described will also be followed for items scheduled for Study Session, Closed Session and/or Public Hearing, and speakers should enter the queue at the time associated with each specific event. After a speaker’s comments conclude, they will be disconnected the webinar. Members of the public may submit SUPPLEMENTAL COMMUNICATION (information received by the City Clerk's Office following distribution of the Council agenda packet): Members of the public wishing to submit written (supplemental) communication on agenda items for distribution to the City Council and placed into the administrative record can email SupplementalComm@Surfcity-hb.org. Supplemental Communications received by 2:00 PM the day of the meeting will be distributed to City Council prior to consideration of agenda-related items, and will be announced, but not read, and placed into the administrative record during the Supplemental Communications portion of the Meeting. In addition, any communications sent to city.council@surfcity-hb.org on Council agenda items will be treated as Supplemental Communications and announced, but not read, during the meeting. MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information. 1 AGENDA October 19, 2020City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Posey, Delgleize, Carr, Semeta, Peterson, Hardy, Brenden ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) - At approximately 4:00 PM, individuals wishing to provide a comment on Study Session and Closed Session items may join the Zoom Webinar by entering Webinar ID 971 5413 0528, or join by phone by calling (669) 900-6833. Individuals that enter the meeting will be placed in a holding queue and prompted to speak when the Clerk announces your name or the last three digits of your phone number. The holding queue will remain open for approximately 15 minutes, and speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of speakers. STUDY SESSION 20-19511.Review of City Park Development Efforts RECESS TO CLOSED SESSION CLOSED SESSION 20-19392.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, two (2). 20-19413.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Huntington Beach Police Officers’ Association, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01093906. 20-19424.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Brewster (Terri Lynn) v. City of Huntington Beach; OCSC Case No. 30-2020-01160094. Page 1 of 7 2 AGENDA October 19, 2020City Council/Public Financing Authority 20-19545.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Dave Ferguson v. City of Huntington Beach: Workers’ Comp. Cases No. COHB-17-0150. 20-19556.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Greg Davis v. City of Huntington Beach: Workers’ Comp. Cases No. COHB-17-0137. 20-19717.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 (Deciding Whether to Initiate Litigation): Number of cases, one (1) - Appeal of Southern California Association of Governments (SCAG) Final Regional Housing Needs Assessment (RHNA) Methodology for the Sixth Housing Element Cycle. 20-19568.PUBLIC EMPLOYEE PERFORMANCE EVALUATION. (Paragraph (1) of subdivision (b) of Section 54957.) Name/Title: Oliver Chi, City Manager. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Posey, Delgleize, Carr, Semeta, Peterson, Hardy, Brenden PLEDGE OF ALLEGIANCE INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. 20-19149.Reverend Patricia Mercado of the Center for Spiritual Living and member of the Greater Huntington Beach Interfaith Community Page 2 of 7 3 AGENDA October 19, 2020City Council/Public Financing Authority CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 20-195310.Mayor Semeta to call on Victoria Alberty to present the “Adoptable Pet of the Month” 20-191911.Mayor Semeta to issue a proclamation recognizing October as Breast Cancer Awareness Month 20-195212.Mayor Semeta to present the Mayor’s HB Excellence Award to Greg Schooley, Information Technology Technician I 20-197213.Recognition of Retiring Police Chief Rob Handy ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) - At approximately 6:00 PM, individuals wishing to provide a comment on agendized or non-agendized items may join the Zoom Webinar by entering Webinar ID 971 5413 0528, or join by phone by calling (669) 900-6833. Individuals that enter the meeting will be placed in a holding queue and prompted to speak when the Clerk announces your name or the last three digits of your phone number. The holding queue will remain open for approximately 15 minutes, and speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of speakers. COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT CONSENT CALENDAR 20-193414.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated October 5, 2020, as written and on file in the office of the City Clerk. Recommended Action: 20-194715.Approve two appointments and one reappointment to the Mobile Home Advisory Board (MHAB) as recommended by City Council Page 3 of 7 4 AGENDA October 19, 2020City Council/Public Financing Authority Liaisons, Councilmembers Kim Carr and Mike Posey A) Approve the appointment of Mary Jo Baretich as a Resident Representative to the Mobile Home Advisory Board through August 5, 2024, the end of the current term; and/or, B) Approve the appointment of Jerry Bleiweiss as a Resident Representative to the Mobile Home Advisory Board through August 5, 2024, the end of the current term; and/or, C) Approve the re-appointment of Donald Hart as an At-Large Member Representative to the Mobile Home Advisory Board through August 5, 2024, the end of the current term. Recommended Action: 20-193816.Adopt Resolution No. 2020-61 authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer, the City Treasurer, the Assistant Chief Financial Officer, and the Deputy City Treasurer as persons authorized to execute Financial Transactions in the name of the City of Huntington Beach Adopt Resolution No. 2020-61, “A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer, the City Treasurer, the Assistant Chief Financial Officer , and the Deputy City Treasurer as Persons Authorized to Execute Financial Transactions in the name of the City of Huntington Beach.” Recommended Action: 20-192917.Adopt Resolution Nos. 2020-66 and 2020-67 ordering the Summary Vacations of Easements over portions of Delaware Street and Huntington Street in the City of Huntington Beach; and, authorize recordation and execution of a Warranty Deed transferring the vacated portion of Delaware Street to Surf City Beach Cottages, L.P. A) Adopt Resolution No. 2020-66, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Delaware Street in the City of Huntington Beach” (Attachment 1); and , B) Adopt Resolution No. 2020-67, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Huntington Street in the City of Huntington Beach” (Attachment 2); and , C) Instruct the City Clerk to record Resolution No. 2020-66 and Resolution No. 2020-67 and the respective attached exhibits with the Orange County Recorder. Recommended Action: Page 4 of 7 5 AGENDA October 19, 2020City Council/Public Financing Authority D) Approve and authorize the City Manager to execute the Warranty Deed (Attachment 8), with minor modifications in a form approved by the City Attorney, and any documents needed to process the transfer of the portion of Delaware Street. 20-194318.Fiscal Year 2019/20 Year End Budget Adjustments and Inter-Fund Transfers A) Approve the year-end inter-fund transfers for the FY 2019/20 Revised Budget in the Funds and by the amounts contained in Attachment 1; and, B) Increase appropriations for the FY 2019/20 Revised Budget by $1,612,000 in the Funds and amounts contained in Attachment 1 to reconcile the budget with actual expenses incurred. Recommended Action: 20-193019.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Horizons Construction in the amount of $897,524 for the Edison Community Center Improvements, MSC-533 A) Accept the lowest responsive and responsible bid submitted by Horizons Construction in the amount of $897,524; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Recommended Action: 20-192120.Approve and authorize execution of a Professional Services Contract with Kimley-Horn and Associates, Inc. for preparation of the 2021-2029 General Plan Housing Element Update contingent upon award of a $500,000 Department of Housing and Community Development Local Early Action Planning (LEAP) Grant A) Approve the Professional Services Contract between the City and Kimley-Horn and Associates, Inc. for preparation of the 2021-2029 General Plan Housing Element Update contingent upon award of a $500,000 HCD LEAP Grant; and, B) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Kimley-Horn and Associates, Inc. for Preparation of the 2021-2029 General Plan Housing Element Update” in the amount of Recommended Action: Page 5 of 7 6 AGENDA October 19, 2020City Council/Public Financing Authority $581,158 as prepared by the City Attorney (Attachment No. 2); and, C) Approve an increase in the Community Development Department’s professional services listing authority by $581,158 for the preparation of the 2021-2029 General Plan Housing Element Update to ensure compliance with Administrative Regulation Number 228, Section 7.1; and, D) Appropriate funds in the amount of $500,000 from Fund 715, a grant from HCD, for the Professional Services Contract between the City and Kimley-Horn and Associates, Inc. 20-193321.Adopt Ordinance No. 4219 Adding Chapter 10.49 to the Huntington Beach Municipal Code (HBMC) Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property Approved for introduction 10/5/2020 - Vote: 7-0 Adopt Ordinance No. 4219, “An Ordinance of the City of Huntington Beach Adding Chapter 10.49 to the Huntington Beach Municipal Code Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycle Parts on Public Property.” Recommended Action: PUBLIC HEARING Individuals wishing to speak on matters scheduled for Public Hearing may join the Zoom Webinar by entering Webinar ID 971 5413 0528, or join by phone by calling (669) 900-6833. Individuals that enter the meeting will be placed in a holding queue and prompted to speak when the Clerk announces your name or the last three digits of your phone number. The holding queue will remain open for approximately 15 minutes, and speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes to speak, but the Mayor, at her discretion, may reduce the time allowance if warranted by the volume of speakers. 20-195022.Public Hearing to consider acceptance of the Fiscal Year 2019-2020 Consolidated Annual Performance & Evaluation Report (CAPER) A) Conduct the Public Hearing to hear comments and approve the FY 2019-2020 Consolidated Annual Performance and Evaluation Report for CDBG and HOME Federal funds; and, B) Authorize the City Manager to transmit this report to the United States Department of Housing and Urban Development (HUD) by October 23, 2020. Recommended Action: ADMINISTRATIVE ITEMS 20-184823.Approve Local Coastal Program Amendment (LCPA) No. 20-001 by Page 6 of 7 7 AGENDA October 19, 2020City Council/Public Financing Authority adopting City Council Resolution No. 2020-59; and, requesting its certification by the California Coastal Commission Approve Local Coastal Program Amendment No. 20-001 by adopting City Council Resolution No. 2020-59, “A Resolution of the City Council of the City of Huntington Beach, State of California, Adopting Local Coastal Program Amendment No. 20-001 and Requesting its Certification by the California Coastal Commission (Attachment No. 1).” Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, November 2, 2020, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 7 of 7 8 City of Huntington Beach File #:20-1951 MEETING DATE:10/19/2020 Review of City Park Development Efforts City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™9 City of Huntington Beach File #:20-1939 MEETING DATE:10/19/2020 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, two (2). City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™10 City of Huntington Beach File #:20-1941 MEETING DATE:10/19/2020 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Huntington Beach Police Officers’ Association, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01093906. City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:20-1942 MEETING DATE:10/19/2020 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Brewster (Terri Lynn) v. City of Huntington Beach; OCSC Case No. 30-2020-01160094. City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:20-1954 MEETING DATE:10/19/2020 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Dave Ferguson v. City of Huntington Beach: Workers’ Comp. Cases No. COHB-17-0150. City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:20-1955 MEETING DATE:10/19/2020 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Greg Davis v. City of Huntington Beach: Workers’ Comp. Cases No. COHB-17-0137. City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:20-1971 MEETING DATE:10/19/2020 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 (Deciding Whether to Initiate Litigation): Number of cases, one (1) - Appeal of Southern California Association of Governments (SCAG) Final Regional Housing Needs Assessment (RHNA) Methodology for the Sixth Housing Element Cycle. City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:20-1956 MEETING DATE:10/19/2020 PUBLIC EMPLOYEE PERFORMANCE EVALUATION. (Paragraph (1) of subdivision (b) of Section 54957.) Name/Title: Oliver Chi, City Manager. City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:20-1914 MEETING DATE:10/19/2020 Reverend Patricia Mercado of the Center for Spiritual Living and member of the Greater Huntington Beach Interfaith Community City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:20-1953 MEETING DATE:10/19/2020 Mayor Semeta to call on Victoria Alberty to present the “Adoptable Pet of the Month” City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:20-1919 MEETING DATE:10/19/2020 Mayor Semeta to issue a proclamation recognizing October as Breast Cancer Awareness Month City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:20-1952 MEETING DATE:10/19/2020 Mayor Semeta to present the Mayor’s HB Excellence Award to Greg Schooley, Information Technology Technician I City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:20-1972 MEETING DATE:10/19/2020 Recognition of Retiring Police Chief Rob Handy City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™21 City of Huntington Beach File #:20-1934 MEETING DATE:10/19/2020 REQUEST FOR 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 October 5, 2020 require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated October 5, 2020, as written and on file in the office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. October 5, 2020 CC/PFA regular meeting minutes City of Huntington Beach Printed on 10/14/2020Page 1 of 1 powered by Legistar™22 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, October 5, 2020 5:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 5:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 5:00 PM ROLL CALL Present: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None A motion was made by Posey, second by Brenden to recess to Closed Session for Items 1 and 2. With no objections, the motion passed. RECESSED TO CLOSED SESSION — 5:02 PM CLOSED SESSION 1. 20-1912 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: Number of cases, three (3). 2. 20-1925 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Name of case: Cruz (Martin & Ana) and N.B.C. v. City of Huntington Beach, et al.; USDC Case No. 8:19-cv-1449- DOC (ADSx). 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:11 PM 23 Council/PFA Regular Minutes October 5, 2020 Page 2 of 8 ROLL CALL Present: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Brenden 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. 3. 20-1913 Maha Ragab of the Muslim Community and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS 4. 20-1877 Mayor Semeta issued a proclamation recognizing October 4–10, 2020, as Fire Prevention Week Mayor Semeta announced that October 4–10 is Fire Prevention Week with the theme "Serve Up Fire Safety in the Kitchen!" Fire Chief Scott Haberle introduced Janice Van Mullem, Assistant Fire Marshall, who described this year's Virtual Open House, which is available through Facebook, social media platforms, and at www.HBFDOpenHouse.com. 5. 20-1918 Mayor Semeta remotely presented the Making a Difference Award to Mary Chiappetta of Soroptimist International of Huntington Beach The Making a Difference Award acknowledges volunteers who go above and beyond to provide examples of doing good work throughout the community. Mayor Semeta described Ms. Chiappetta's efforts in directing the Soroptimist International Help Stop Human Trafficking Program in Orange County, including over 500 hours for training, working with senators on legislation, and volunteering at the Safe House. Ms. Chiappetta thanked City Council for the award and Huntington Beach Soroptimist Director Terry Rose for nominating her. She briefly described Soroptimist programs to support women and girls, and explained that an educated community can change the landscape related to human trafficking. She thanked the Soroptimist team of 12 women focused on this issue, and provided the National Human Trafficking Hotline at 888-373-7888, the local website at www.ochumantrafficking.com, and encouraged anyone who sees something, to say something. 6. 20-1920 Presentation of the Orange County Mayors 34 Cities Strong Public Service Announcement Mayor Semeta described how Orange County Mayors have cooperated, especially through the pandemic, to support local businesses, and thanked the Orange County Health Care Agency, the 24 Council/PFA Regular Minutes October 5, 2020 Page 3 of 8 Orange County Mayors' Coalition, and Orange County School for the Arts for their support to produce the Mask Up to Open Up OC video. 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 #13 (20-1923) Eleven (12) email communications regarding the Intergovernmental Relations Committee’s (IRC) stated positions received from: Pat Quintana, Diane Bentley, Lynne Deakers, Alice Haddock, Don Johnson, Francine Karuntzos, Jim Mosher (2), Carl & Beatrice Sorrell, Geoffrey Wulfe-Addoch, Steve Shepard, and Ellen Riley. Ordinances for Introduction #14 (20-1909) Ordinance No. 4220 final draft. #14 (20-1909) Three (3) email communications regarding regulations related to rules of civility and decorum at public meetings received from: Pat Quintana, Mark Bixby, and Jim Mosher. City Manager Chi requested Council's consent that Ordinances for Introduction, Item 14. (20-1909) regarding consideration of regulations related to Rules of Civility and Decorum, be pulled due to proposed Ordinance No. 4220 not being published in a timely manner. With no stated opposition, the Mayor announced Council support for bringing this item back at a future date to be determined. PUBLIC COMMENTS (3 Minute Time Limit) — 2 Call-In 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. Peggy Bachlor was invited to speak and shared her concerns regarding Municipal Code 10.44.060, which allows overnight parking of vehicles over twenty-two feet (22 feet) on the streets of Huntington Beach. Mayor Semeta asked that Ms. Bachlor re-send her email regarding her concerns to city.council@surfcity-hb.org. (00:27:56) Theresa Wilcox was invited to speak and stated support for the comments made by Peggy Bachlor regarding over-sized vehicles parking overnight on Huntington Beach streets. (00:31:05) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Posey reported attending an Orange County Parks Commission meeting to review Mile Square Park updates and to celebrate the 50th Anniversary of Orange County Park Rangers. He also attended a meeting of the Vector Control Executive Board. Councilmember Carr reported attending the Huntington Beach Council on Aging meeting to discuss the recent golf tournament, and announced that more services, including the gym, are now open with reservations and limited capacity at the Huntington Senior Center at Central Park. 25 Council/PFA Regular Minutes October 5, 2020 Page 4 of 8 Councilmember Delgleize reported attending an Orange County Transportation Authority (OCTA) Board meeting which included an update from the CEO of Southern California Association of Government (SCAG) who indicated that recent freeway traffic has nearly reached pre-pandemic levels, and an update on the 405 Freeway Widening Project which appears to be on schedule for completion. Mayor Semeta reported a meeting of the Communications Committee, composed of Councilmembers Brenden and Peterson in addition to herself, and announced the services that offer Surf City 3TV. Details can be found on the City's Public Information Facebook page and website. 7. 20-1927 Approved Request by Mayor Pro Tem Hardy to Consider Appointment of Council Member Carr as Mayor Pro Tem for the Remainder of this Year Mayor Pro Tem Hardy announced that since she is termed out this year, she is following the example set by former Mayor Ralph Bauer when he termed out in 2002, and is submitting the item requesting the Council to appoint Councilmember Carr as Mayor Pro Tem for the remainder of the year. Councilmember Peterson and Mayor Pro Tem Hardy briefly discussed her reasons for suggesting this appointment now. A motion was made by Hardy, second Posey to vote to appoint Council Member Carr as Mayor Pro Tem for the remainder of this year. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Carr, and Brenden NOES: Peterson City Clerk Robin Estanislau administered the Oath of Office to Mayor Pro Tem Carr. CITY MANAGER’S REPORT 8. 20-1922 Update of the City COVID-19 Response Plan and Actions for Review and Discussion — None CONSENT CALENDAR Councilmember Peterson pulled Consent Calendar Item 13. (20-1923) for discussion. 9. 20-1856 Approved and Adopted Minutes A motion was made by Posey, second Peterson to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated September 8, 2020, and the City Council/Public Financing Authority regular meeting minutes dated September 21, 2020, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden 26 Council/PFA Regular Minutes October 5, 2020 Page 5 of 8 NOES: None 10. 20-1858 Approved and authorized execution of Amendment No. 1 to the Professional Services Contract with Derek J. McGregor, Inc. for On-Call Plan Check and Engineering Services A motion was made by Posey, second Peterson to approve and authorize the Mayor and City Clerk to execute, "Amendment No. 1 to Professional Services Contract Between The City of Huntington Beach and Derek J. McGregor, Inc. DBA DMC Engineering for On Call Plan Check and Engineering Services" increasing the contract amount by $180,000 from the original amount of $400,000. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 11. 20-1910 Approved License Agreement between the City of Huntington Beach and Seaview Little League for use and maintenance of baseball fields and related improvements at LeBard Park A motion was made by Posey, second Peterson to approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Seaview Little League for use and maintenance of ballfields and related improvements at LeBard Park. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 12. 20-1911 Approved License Agreement between the City of Huntington Beach and Huntington West Little League, Inc., for the use of baseball fields and related improvements at Marina Park A motion was made by Posey, second Peterson to approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Huntington West Little League, Inc., for the use of baseball fields and related improvements in Marina Park. The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None 13. 20-1923 Failed to take a City Council Position on Two State Ballot Measures as Recommended by the City Council Intergovernmental Relations Committee (IRC) Councilmember Peterson stated his support for Recommended Action Item Nos. A and B because as a Councilmember, part of his job is to protect constituents, and he believes it is important to take a public stance on this issue as it could affect taxes for all homeowners. He called to move Item Nos. A and B. 27 Council/PFA Regular Minutes October 5, 2020 Page 6 of 8 Mayor Semeta seconded the motion and stated her support for Item Nos. A and B, identified the Intergovernmental Relations Committee (IRC) members as herself and Councilmembers Brenden and Peterson, and described ballot Proposition 15 (property tax) and Proposition 22 (independent contractors). City Manager Chi explained that Resolution No. 4344 adopted in 1976 stipulates that the City is not to take positions on statewide propositions, and therefore, before the Council can take any position on statewide issues, it must first vote to temporarily set aside Resolution No. 4344. Councilmember Hardy stated her support for Resolution No. 4344 that prohibits Council from taking positions on statewide propositions. Councilmember Brenden stated his opposition to this item after becoming aware of Resolution No. 4344, and encouraged residents to become educated on these two propositions. Councilmember Delgleize stated her opposition to this item due to Resolution No. 4344, and encouraged residents to become fully educated on the issues before voting. Mayor Pro Tem Carr stated that because City Council is nonpartisan, she would not support this item. Councilmember Posey stated his opposition to this item, and added that the purpose of the IRC is to address legislative, not ballot, issues. He shared his opinion that each Councilmember can speak personally to ballot issues to their circle of influence, but should not formally be setting aside a City resolution nor expressing support for or opposition to ballot measures. A substitute motion was made by Brenden, second Delgleize to temporarily set aside Resolution No. 4344, Section 1.01.08 Statewide Ballot Propositions. The motion failed by the following vote: AYES: Semeta, and Peterson NOES: Posey, Delgleize, Hardy, Carr, and Brenden ORDINANCES FOR INTRODUCTION 14. 20-1909 WITHDRAWN FROM CONSIDERATION — Consider Regulations Related to Rules of Civility and Decorum at Public Meetings and at City Hall by Approving for Introduction Ordinance No. 4220 to Add Chapter 2.29 to the Huntington Beach Municipal Code (HBMC), and Adopting Resolution No. 2020-62 Related to Rules of Decorum at Public Meetings 15. 20-1926 Approved for Introduction Ordinance No. 4219 Adding Chapter 10.49 to the Huntington Beach Municipal Code (HBMC) Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property City Manager Chi introduced this item by stating staff had recently been asked by City Council to address the issue, and in response, the City Attorney's Office has prepared Ordinance No. 4219 for their consideration. 28 Council/PFA Regular Minutes October 5, 2020 Page 7 of 8 Councilmember Brenden thanked the City Attorney's Office for their timely response and moved the item. Councilmember Posey and Chief Assistant City Attorney Mike Vigliotta discussed the success of the efforts in Long Beach; and City Attorney Michael Gates confirmed that offenses would be prosecuted as crimes with the prosecutor's office, and explained that every property crime is evaluated to determine if it should be elevated to a felony and handled by the District Attorney’s Office. Mayor Pro Tem Carr thanked Councilmember Brenden for bringing this item forward, and City staff for responding so quickly, and she stated her support for this timely item. Councilmember Brenden and City Attorney Gates further discussed the evaluation procedure used to determine whether a charge should be elevated to a felony. Mayor Semeta stated her support for this item, and invited Assistant Police Chief Rodriguez to share her comments. Assistant Police Chief Rodriguez stated Department support. A motion was made by Brenden, second Delgleize to after the City Clerk reads by title, approve for Introduction Ordinance No. 4219, "An Ordinance of the City of Huntington Beach adding Chapter 10.49 to the Huntington Beach Municipal Code relating to the prohibition on repairs and sales of bicycles and bicycle parts on public property." The motion carried by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, and Brenden NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Mayor Pro Tem Carr congratulated Councilmember Brenden for becoming a new Kiwanis Club Board Member; reported participating in the Association of California Cities — Orange County (ACC—OC) Council Candidate Forum with Curt Pringle, Mayor of Fullerton Jennifer Fitzgerald, and Bruce Whitacre to share what being a council member entails; participating in a Zoom meeting with Assemblywoman Cottie Petrie-Norris regarding various State issues; attending the Municipal Water District of Orange County (MWDOC) Water Policy Forum with Michael George, Delta Water Master, State Water Resources Control Board; and provided an update on the Navigation Center, including the website with up-to-date information at HBHomelessSolutions.com. Councilmember Hardy congratulated Mayor Pro Tem Carr, and congratulated HB Pilates for continuing to find a way to raise funds for various charities in spite of COVID-19 restrictions. Councilmember Delgleize reported attending the OCTax Zoom meeting "Save California" which provided a discussion of Propositions 13 and 15, and participating in the Boys and Girls Clubs of Huntington Valley's “Great Futures Start Here” virtual fundraiser. Mayor Semeta reported that the Southern California Association of Government (SCAG) Chair has agreed to reconvene the Litigation Committee to challenge the very high Regional Housing Needs Assessment (RHNA); meeting with Neal Kelley, Orange County Registrar of Voters, providing ocvote.com as the resource with all of the answers to voter questions; and taking a commemorative picture with the Sister City Association representatives and presenting commendations to George Erber, 29 Council/PFA Regular Minutes October 5, 2020 Page 8 of 8 Carmen Erber and Don MacAllister for all of their volunteer hours at the Anjo Stone Lantern in City Hall Plaza. Mayor Semeta introduced Assistant Chief of Police Kelly Rodriguez who presented a recap of the Police Department Annual Awards Ceremony which had to abruptly change format when the COVID-19 shutdown was implemented in March. Among the Police Department employees acknowledged were: Officer of the Year David Avalos; Award of Merit to Sergeant Bradley Smith and Officer Ryan Christie; Distinguished Service Award to Detectives Dave Humphreys and Patrick Ellis; Crime Fighter Award to Officer Travis Mossbrooks; Civilian Supervisor of the Year to Records Bureau Supervisor Shantel Collins; Supervisor of the Year to Sergeant Sam Shepherd; Unit/Team Award Communications Unit "Gold Nation" to Communications Supervisor Jennifer La Fontaine, Communication Operators Stacy Arnold, Kaitlin Tidrick, Michelle Terrones, and Max Werk; Lifesaving Award to Marine Safety Officer Doug Leach, Communications Supervisor Jennifer La Fontaine, Detective Jonathan Deliema, and Officer RJ Garwood; Civilian Employee of the Year to Detention Officer Vance Bennett; and Lifesaving Award to Officers Frank Gallant and Mitchell Martinez. Mayor Semeta expressed congratulations to Karen Pedersen, Outgoing President of Kiwanis Club, for her outstanding service and masterful adaptations in 2020, and to Sean Woods, Incoming President. ADJOURNMENT — 7:19 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, October 19, 2020, 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 30 City of Huntington Beach File #:20-1947 MEETING DATE:10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Oliver Chi, City Manager Subject: Approve two appointments and one reappointment to the Mobile Home Advisory Board (MHAB) as recommended by City Council Liaisons,Councilmembers Kim Carr and Mike Posey Statement of Issue: The City Council is asked to approve appointments to the Mobile Home Advisory Board to fill three of the five existing vacancies. Financial Impact: Not applicable. Recommended Action: A) Approve the appointment of Mary Jo Baretich as a Resident Representative to the Mobile Home Advisory Board through August 5, 2024, the end of the current term; and/or, B) Approve the appointment of Jerry Bleiweiss as a Resident Representative to the Mobile Home Advisory Board through August 5, 2024, the end of the current term; and/or, C) Approve the re-appointment of Donald Hart as an At-Large Member Representative to the Mobile Home Advisory Board through August 5, 2024, the end of the current term. Alternative Action(s): Do not approve appointments and direct staff as necessary. Analysis: The Mobile Home Advisory Board (MHAB) is an advisory body to the City Council that works to ensure the quality of life in Huntington Beach mobile home parks. The MHAB addresses issues that affect the City's mobile home communities by providing a forum for communication among mobile home residents, park owners, and the City Council. The MHAB is comprised of nine members who equally represent mobile home park residents, park owners/managers, and the Huntington Beach City of Huntington Beach Printed on 10/14/2020Page 1 of 2 powered by Legistar™31 File #:20-1947 MEETING DATE:10/19/2020 community at large. The MHAB currently has five (5) vacancies for two (2) resident members, two (2) at-large members, and one (1) park owner/manager position. The City advertised the MHAB recruitment through the following means: announcement of the vacancies on the City's website and at the August 31, 2020, MHAB regular meeting. Two (2) new applications were received. The City Council liaisons to the MHAB, Kim Carr and Mike Posey, reviewed the applications and made recommendations to fill three (3) of the five (5) vacancies. The proposed recommendations are to appoint Resident Representatives, Jerry Bleiweiss and Mary Jo Baretich, and reappoint Donald Hart for a second term as an At-Large Representative. Applications continue to be solicited for the remaining At-Large and Park Owner vacancies. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Application for Appointment - Mary Jo Baretich 2. Application for Appointment - Jerry Bleiweiss 3. Application for Appointment - Donald Hart City of Huntington Beach Printed on 10/14/2020Page 2 of 2 powered by Legistar™32 33 34 35 36 37 38 City of Huntington Beach File #:20-1938 MEETING DATE:10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Alisa Backstrom, City Treasurer Subject: Adopt Resolution No. 2020-61 authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer, the City Treasurer, the Assistant Chief Financial Officer,and the Deputy City Treasurer as persons authorized to execute Financial Transactions in the name of the City of Huntington Beach Statement of Issue: In order to facilitate City business with banks and other financial institutions, Resolution No. 2020-61 is being brought forward for City Council consideration to authorize the manual and/or facsimile signatures of the Chief Financial Officer, the City Treasurer, the Assistant Chief Financial Officer,and the Deputy City Treasurer as persons authorized to execute financial transactions in the name of the City of Huntington Beach. Financial Impact: Not applicable. Recommended Action: Adopt Resolution No. 2020-61,“A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer, the City Treasurer, the Assistant Chief Financial Officer,and the Deputy City Treasurer as Persons Authorized to Execute Financial Transactions in the name of the City of Huntington Beach .” Alternative Action(s): Do not approve the resolution and direct staff accordingly. Analysis: Section 1. That Dahle Bulosan, Alisa Backstrom, Sunny Rief,and Joyce M. Zacks are designated as the persons authorized to execute financial transactions in the name of the City of Huntington Beach. Section 2. That Dahle Bulosan, Alisa Backstrom, Sunny Rief,and Joyce M. Zacks are designated as the persons authorized to execute all checks, drafts, warrants,or other orders for the payment of City of Huntington Beach Printed on 10/14/2020Page 1 of 2 powered by Legistar™39 File #:20-1938 MEETING DATE:10/19/2020 the persons authorized to execute all checks, drafts, warrants,or other orders for the payment of money drawn in the name of the City of Huntington Beach on deposit with any bank or other financial institutions in which the City has funds. At least two (2) authorized signatures must appear on each such disbursement or withdrawal. Section 3. That said disbursements or withdrawals shall be made only upon the manual or facsimile signatures of Dahle Bulosan, Alisa Backstrom, Sunny Rief,and Joyce M. Zacks whose signatures are on file in the office of the City Clerk (Exhibit A). Section 4. All Resolutions in conflict herewith are hereby repealed. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Resolution No. 2020-61, “A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual and/or Facsimile Signatures of the Chief Financial Officer, The City Treasurer, the Assistant Chief Financial Officer, and the Deputy City Treasurer as Persons Authorized to Execute Financial Transactions in the name of the City of Huntington Beach” City of Huntington Beach Printed on 10/14/2020Page 2 of 2 powered by Legistar™40 41 42 43 City of Huntington Beach File #:20-1929 MEETING DATE:10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Adopt Resolution Nos. 2020-66 and 2020-67 ordering the Summary Vacations of Easements over portions of Delaware Street and Huntington Street in the City of Huntington Beach; and , authorize recordation and execution of a Warranty Deed transferring the vacated portion of Delaware Street to Surf City Beach Cottages, L.P. Statement of Issue: The Public Works Department requests that City Council adopt two (2) resolutions to summarily vacate certain portions of existing public street easements along Delaware Street and Huntington Street pursuant to California Streets and Highways Code 8334(a). The City Council is also requested to approve and authorize the execution of a Warranty Deed transferring the vacated portion of Delaware Street to Surf City Beach Cottages, L.P. (“SCBC”). Financial Impact: No funding is required for this action. Recommended Action: A) Adopt Resolution No. 2020-66, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Delaware Street in the City of Huntington Beach” (Attachment 1); and, B) Adopt Resolution No. 2020-67, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Huntington Street in the City of Huntington Beach” (Attachment 2); and, C) Instruct the City Clerk to record Resolution No. 2020-66 and Resolution No. 2020-67 and the respective attached exhibits with the Orange County Recorder. D) Approve and authorize the City Manager to execute the Warranty Deed (Attachment 8), with City of Huntington Beach Printed on 10/14/2020Page 1 of 3 powered by Legistar™44 File #:20-1929 MEETING DATE:10/19/2020 minor modifications in a form approved by the City Attorney, and any documents needed to process the transfer of the portion of Delaware Street. Alternative Action(s): Deny the recommended action to adopt Resolution Nos. 2020-66 and 2020-67 with findings for denial. Denial would cause the City to be in default of the terms of the Settlement Agreement between the City and SCBC, which requires the vacation of the subject easements and conveyance of said property to SCBC by December 4, 2020. Analysis: Street Vacations The subject easement areas are located at the west and east frontages of the SCBC mobile home park, which is bounded by Atlanta Avenue to the north, Huntington Street to the west, Delaware Street to the east, and Pacific View Avenue to the south (Attachment 3). As a result of the City’s recent Atlanta Avenue Widening Project, the City entered into a Settlement Agreement with SCBC, wherein the City agreed to vacate a portion of Delaware Street and a portion of Huntington Street. The street widening project was completed earlier this year. The Settlement Agreement stipulates that the City must vacate these partial right-of-ways after completion of construction, but no later than December 4, 2020. The portion of Delaware Street to be vacated consists of the westerly 33 feet (approximately 630 feet in length), south of Atlanta Avenue, and which abuts the SCBC property. This Delaware Street portion to be vacated is more precisely portrayed in the legal description and plat map of Attachment 4 (Exhibit A). The portion of Huntington Street to be vacated consists of the easterly 6-foot wide strip of the existing 30-foot wide easement that runs approximately one thousand (1,000) feet along SCBC’s Huntington Street frontage. See Attachment 5 (Exhibit D) for the legal description and plat map of said area to be vacated. Public Works staff have determined that the subject easement areas are no longer necessary to provide public right-of-ways and may be vacated without affecting the efficiency or effectiveness of any arterial circulation system. Pursuant to the California Streets and Highways Code, the City may process Summary Vacations for said easement areas, because they are considered excess street right-of-way, are not required for street or highway purposes, and there are no public utility facilities that are in use, nor would be affected by the proposed vacations. Unlike the General Street Vacation process, a Summary Street Vacation process does not have public noticing requirements, nor does it require a separate public hearing prior to City Council action. After Council’s adoption, the resolutions shall be recorded with the Orange County Recorder to affect the subject easement vacations. On September 22, 2020, the Planning Commission approved General Plan Conformance (GPC) 20- 003 (Attachment 6) for the proposed Delaware Street vacation and GPC 20-002 (Attachment 7) for the proposed Huntington Street vacation with findings that the proposed street vacations conform to City of Huntington Beach Printed on 10/14/2020Page 2 of 3 powered by Legistar™45 File #:20-1929 MEETING DATE:10/19/2020 the City’s General Plan. Property Transfer As required by the executed Settlement Agreement, the City is to convey the vacated portion of Delaware Street to SCBC. Said conveyance must be transferred by means of a Warranty Deed, free of encumbrances, and said conveyance must occur prior to December 4, 2020, or the City will be in default of the Settlement Agreement. Public Works Commission Action: Not required. Environmental Status: The proposal is categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501, Class V: Alterations in Land Use Limitations, sub-section (a) minor street, alley and utility easement vacations. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Resolution No. 2020-66, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Delaware Street in the City of Huntington Beach” 2. Resolution No. 2020-67, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement Over a Portion of Huntington Street in the City of Huntington Beach” 3. Location Map showing locations of proposed easement vacations at Delaware and Huntington Streets 4. Legal Description and Plat Map for the Delaware Street portion to be vacated 5. Legal Description and Plat Map for the Huntington Street portion to be vacated 6. Notice of Action - General Plan Conformance 20-003 (Delaware Street Vacation) 7. Notice of Action - General Plan Conformance 20-002 (Huntington Street Vacation) 8. Warranty Deed City of Huntington Beach Printed on 10/14/2020Page 3 of 3 powered by Legistar™46 47 48 49 50 51 52 53 54 55 56 HUNTINGTON STREET AND DELAWARE STREET Location Map 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 City of Huntington Beach File #:20-1943 MEETING DATE:10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Dahle Bulosan, Chief Financial Officer Subject: Fiscal Year 2019/20 Year End Budget Adjustments and Inter-Fund Transfers Statement of Issue: The Finance Department is currently undergoing the year-end closing process for Fiscal Year (FY) 2019/20, which began on July 1, 2019, and ended on June 30, 2020. Certain technical adjustments and fund transfers need to be made to reconcile the budget with actual expenditures incurred, and to comply with auditing, actuarial, accounting, or legal requirements. City Council authorization is requested to perform these reconciliations in order to properly close FY 2019/20. There are sufficient revenues, available cash, and/or fund balances to support these adjustments. Financial Impact: 1. Inter-Fund Transfers (Various Funds): Authorization is requested for inter-fund transfers totaling $244,884 from various funds to reconcile budget and close out fund account (Attachment 1). 2. Appropriation Increases (Various Funds): Appropriation increases totaling $1,612,000 are requested to reconcile the budget with actual expenditures incurred in two funds (Attachment 1). Recommended Action: A) Approve the year-end inter-fund transfers for the FY 2019/20 Revised Budget in the Funds and by the amounts contained in Attachment 1; and, B) Increase appropriations for the FY 2019/20 Revised Budget by $1,612,000 in the Funds and amounts contained in Attachment 1 to reconcile the budget with actual expenses incurred. Alternative Action(s): Do not approve the recommendation and direct staff accordingly. Analysis: The FY 2019/20 Budget was adopted by the City Council on June 3, 2019, for the fiscal year beginning July 1, 2020. The Finance Department has compiled recommended budget adjustments City of Huntington Beach Printed on 10/14/2020Page 1 of 2 powered by Legistar™82 File #:20-1943 MEETING DATE:10/19/2020 beginning July 1, 2020. The Finance Department has compiled recommended budget adjustments to cover additional costs and/or provide appropriations necessary to expend funds that have been received for specific purposes. The requested adjustments will be funded by available revenue or fund balances within each distinct Fund. Inter-Fund Transfers and Budget Adjustments Technical year-end budget adjustments to the FY 2019/20 Revised Budget are requested to align appropriations in certain funds with actual expenditures incurred through June 30, 2020, as actual expenditures cannot exceed the appropriation amounts contained in the Revised Budget. Adjustments are also required to ensure compliance with GAAP, GASB, and other regulatory, contractual,or legal requirements. Please note any appropriation increases are fully offset by commensurate amounts of revenues, available cash, or fund balances in each Fund. 1. Fire JPA (704): An appropriation increase of $12,000 is requested to fund Training Center improvements approved by the CNOA Board of Directors. 2. Retirement Supplemental (703): An appropriation increase of $1.6 million is requested to align budget with actual required supplemental retirement benefit payments. 3. Debt Service Funds (406 and 410): An appropriation increase of $65,847 is requested to reconcile the budget with actual debt service payments made in FY 2019/20 for Mello Roos and the Bella Terra parking structure. 4. Grants (239 and 1222): An appropriation increase of $179,037 is requested to increase the appropriation to the level of the grants and/or funds received, and to reconcile funding with the Integrated Disbursement and Information Systems (IDIS) for CDBG Program and to reconcile and close the Hazard Mitigation Grant Program. 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. Fiscal Year 2019/20 Year-End Budget Adjustment by Fund City of Huntington Beach Printed on 10/14/2020Page 2 of 2 powered by Legistar™83 APPROPRIATION INCREASE: Dept Fund Fund Name Amount Fire 704 Fire JPA 12,000             Finance 703 Retirement Supplemental 1,600,000       Subtotal 1,612,000       APPROPRIATION AND TRANSFER INCREASE: Dept From Name Amount To Fund Name Public Works 1222 Hazard Mitigation Grant 20,029             314 Infrastructure Comm Development 239 CDBG 159,008          100 General Fund Non‐Dept 406 Debt Svc‐Mello Roos 6,928               100 General Fund Non‐Dept 410 Debt Svc‐Bella Terra 58,919             711 Parking Structure‐Bella Terra Subtotal 244,884          TOTAL 1,856,884       Fiscal Year 2019/20 Year‐End Budget Adjustment by Fund ATTACHMENT 1 84 City of Huntington Beach File #:20-1930 MEETING DATE:10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Sean Crumby, Director of Public Works Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Horizons Construction in the amount of $897,524 for the Edison Community Center Improvements, MSC-533 Statement of Issue: On September 30, bids were publically opened for the Edison Community Center Improvements project. City Council action is requested to award the construction contract to Horizons Construction, the lowest responsive and responsible bidder. Financial Impact: Total cost for the project, including the additive bid item and contingency, is $1,006,553. Funds for this Parks and Beaches Capital Improvement Project are available in the current fiscal year budget in the Park Fund 22845006.82900. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Horizons Construction in the amount of $897,524; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: The Edison Community Center was constructed in the early 1970s. Modifications are needed in order to improve accessibility, safety, and energy efficiency of the lobby areas and activity rooms. A remodel of the lobbies and classrooms will update the centers, improve accessibility and flow, and City of Huntington Beach Printed on 10/14/2020Page 1 of 2 powered by Legistar™85 File #:20-1930 MEETING DATE:10/19/2020 remodel of the lobbies and classrooms will update the centers, improve accessibility and flow, and reduce the likelihood of falls. A remodel of the restrooms will improve use,and the addition of the ramp will bring the area into compliance with Americans with Disabilities Act (ADA) requirements. Bids were publicly opened for MSC-533 on September 30, 2020, with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening and Basis of Award) Klassic Engineering and Construction, Inc.$751,000 Horizons Construction $897,524 NR Development, Inc.$950,500 JR Universal Construction $976,988 Swinerton Builders $1,085,012 Dalke & Sons Construction $1,128,890 Exbon Development $1,320,326 Consolidated Contracting $1,416,491 Klassic Engineering and Construction, Inc., submitted the lowest bid, but was found non-responsive. Klassic Engineering and Construction, Inc., was unable to meet the pre-qualification requirements listed within the bid documents for this project, including work history (completing similar projects), reference checks, and safety record. The engineer’s estimate for the project for the basis of bid is $700,000. Staff recommends awarding a contract to Horizons Construction in the amount of $915,048. This includes the base bid amount of $897,524 and the bid additive of $17,524, which was not part of the basis of award, but was recommended by staff to maintain consistency with the improvements made at the Murdy Community Center. A reference check revealed that Horizons Construction has provided acceptable construction in similar projects. The total project cost is $1,006,553, which includes the construction contract, the additive bid item, and construction contingency. Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031(c) of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Vicinity Map for MSC-533 City of Huntington Beach Printed on 10/14/2020Page 2 of 2 powered by Legistar™86 87 City of Huntington Beach File #:20-1921 MEETING DATE:10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Approve and authorize execution of a Professional Services Contract with Kimley-Horn and Associates, Inc. for preparation of the 2021-2029 General Plan Housing Element Update contingent upon award of a $500,000 Department of Housing and Community Development Local Early Action Planning (LEAP) Grant Statement of Issue: Every jurisdiction in California is required to adopt a Housing Element as one of the seven mandated elements of the General Plan and regularly update the Housing Element subject to the statutory schedule. The City is in the final stages of the application process to receive a $500,000 grant from the Department of Housing and Community Development (HCD) to assist in completing an update for the 6 th Housing Element cycle (2021-2029). The City Council may elect to enter into a professional services contract with Kimley-Horn and Associates, Inc. (KHA), who was selected following a Request for Proposals process, contingent upon the successful award of the LEAP Grant from HCD. If approved, KHA would assist the City in developing a comprehensive update to the City’s 2021- 2029 General Plan Housing Element. Financial Impact: When HCD awards the City a $500,000 LEAP Grant, it will be used for the 2021-2029 Housing Element update to help offset the cost of KHA’s contract. Additional funding of $81,158 is available in Account 10060201. The additional funding primarily covers the contract’s contingency amount and is available in the Community Development Department professional services budget. Recommended Action: A) Approve the Professional Services Contract between the City and Kimley-Horn and Associates, Inc. for preparation of the 2021-2029 General Plan Housing Element Update contingent upon award of a $500,000 HCD LEAP Grant; and, B) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Kimley-Horn and Associates, Inc. for Preparation of the 2021-2029 General Plan Housing Element Update” in the amount of $581 ,158 as prepared by the City Attorney (Attachment No. 2); and, City of Huntington Beach Printed on 10/14/2020Page 1 of 3 powered by Legistar™88 File #:20-1921 MEETING DATE:10/19/2020 C) Approve an increase in the Community Development Department’s professional services listing authority by $581,158 for the preparation of the 2021-2029 General Plan Housing Element Update to ensure compliance with Administrative Regulation Number 228, Section 7.1; and, D) Appropriate funds in the amount of $500,000 from Fund 715, a grant from HCD, for the Professional Services Contract between the City and Kimley-Horn and Associates, Inc. Alternative Action(s): The City Council may make the following alternative motions: A. Do not approve the Professional Services Contract between the City and Kimley-Horn and Associates, Inc. B. Continue the item and direct staff accordingly. Analysis: On May 18, 2020, the City Council approved Resolution No. 2020-34 authorizing staff to submit a Local Early Action Planning (LEAP) Grant application to the Department of Housing and Community Development (HCD) to fund the 2021-2029 General Plan Housing Element Update. Every jurisdiction in California is required to adopt a Housing Element as one of the seven mandated elements of the General Plan. Housing Element law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The Housing Element will develop strategies and programs to comply with California’s Housing Element law which requires that each city and county develop local housing programs to meet its “fair share” of existing and future housing needs for all income groups. LEAP Grant funding is based upon the population of a jurisdiction. The City is eligible for an award of $500,000 based on a population size over 200,000 people. The LEAP Grant application is considered an “over the counter” approval process in which HCD works with jurisdictions to revise their application until it is deemed complete and approved. The City has submitted an application, received comments from HCD, revised the application, and is currently awaiting final approval. The tasks and budget of the LEAP Grant are consistent with those of the Housing Element contract. The LEAP Grant will fund the entire contract with the exception of contingencies,which will be funded by the Community Development Department’s professional services budget. Consultant Selection Process The City received proposals from Kimley-Horn and Lisa Wise Consulting in response to a Request for Proposals (RFP) for the 2021-2029 Housing Element Update. Three staff members reviewed the proposals based on a rating system that considered compliance with the RFP requirements, methodology, qualifications/experience, clarity, cost, and references. Kimley-Horn received the highest score and was selected based on their proposal and prior experience completing 5 th Cycle Housing Elements within the SCAG region. Environmental Status: Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) guidelines, the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on theCity of Huntington Beach Printed on 10/14/2020Page 2 of 3 powered by Legistar™89 File #:20-1921 MEETING DATE:10/19/2020 that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Approval of a contract does not have potential for causing a significant effect on the environment. The 2021-2029 General Plan Housing Element Update itself will be subject to CEQA review. Strategic Plan Goal:Strengthen long-term financial and economic sustainability Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and Kimley-Horn and Associates, Inc. for the Comprehensive 2021-2029 General Plan Housing Element Update 2. Insurance Certificate City of Huntington Beach Printed on 10/14/2020Page 3 of 3 powered by Legistar™90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 City of Huntington Beach | LPPL77011 2020 108 City of Huntington Beach | LPPL77011 2020 TABLE OF CONTENTS A. Vendor Application Form and Cover Letter ..................................................................................... 2 B. Background and Project Summary Section..................................................................................... 5 C. Methodology Section ...................................................................................................................... 8 D. Staffing .......................................................................................................................................... 15 E. Qualifications ................................................................................................................................ 18 F. Fee Proposal ................................................................................................................................. 20 Appendix: Forms and Required Information...................................................................................... A-1 109 2 City of Huntington Beach | LPPL77011 2020 A. VENDOR APPLICATION FORM AND COVER LETTER June 12, 2020 Ms. Jennifer Andersen City Buyer City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: 2021-2019 Housing Element Update Dear Ms. Andersen and Members of the Selection Committee: Kimley-Horn provides the City of Huntington Beach with a team of Housing Element specialists that not only have a proven record of preparing successful Housing Element Updates but work with local communities as trusted advisors in all aspects of Housing Element statutory requirements and policy development. We understand how to effectively tailor and implement State Housing Element Laws to meet local community needs and use our familiarity with California State Department of Housing and Community Development (HCD) procedures to assist the City in achieving a certified Housing Element. Kimley-Horn has worked with cities and counties throughout California and our team has collaborated extensively with HCD staff since the early 1990s. Housing Element compliance has become an increasingly daunting task, and the upcoming 6th Cycle will be no exception. Therefore, the City will need a team that has recent, practical experience in Housing Element Updates and understands how to work with HCD, stakeholders, and decision-makers. The Kimley-Horn team offers the following strengths for your consideration: Specialists in the Housing Element Certification Process – The Kimley-Horn team has significant staff expertise and knowledge of the requirements for achieving certification by HCD. Our team has years of experience in multiple Housing Element Update cycles and can translate our recent 6th Cycle experience working with HCD in several Southern California jurisdictions to the benefit of the City. Kimley-Horn has had tremendous success when collaborating proactively with HCD to achieve statutory compliance. Understand and have Practical Experience with New Housing Laws – The California legislature has enacted numerous new housing laws in just the past few years. Many of these laws directly affect the analysis and content of the Housing Element. Kimley-Horn is one of the first consulting firms to work under the requirements of these new statutes, even before HCD has provided local guidance for interpreting these new laws. This means that the City will have a team that possesses an “insider knowledge” of new statutory requirements, and how HCD interprets them during Housing Element compliance review. Based on this experience, Kimley-Horn can inform Huntington Beach of HCD’s interpretation of these laws and the acceptable methods/analysis/actions the City must employ. Approach Tailored to Your Success – Kimley-Horn will work closely with Huntington Beach to provide a scope of services required to support policies and programs that are consistent with the 765 The City Drive Suite 200 Orange, CA 92868 TEL 714 939 1030 110 3 City of Huntington Beach | LPPL77011 2020 community’s vision. We have committed a team of qualified and experienced specialists who are identified in this proposal and will help the City develop its housing policy goals. Kimley-Horn’s greatest strength is in our desire to create strong interpersonal relationships with our clients and the stakeholders they serve, resulting in a mutually enjoyable and rewarding work effort. Kimley-Horn will provide local coordination from our Orange office where our planning staff is supported by in-house technical resources. Comprehensive and Experienced Team – Our project manager, Dave Barquist, AICP, has a strong record of successful housing program management and State certification of Housing Elements. Our team will work directly with the City to guide the day-to-day tasks of all projects towards successful completion. Our team is supported by a core group of experienced professionals to work with the City. Rita Garcia will serve as project manager for the Environmental Documents. Rita has 30 years of CEQA and planning experience, including recent evaluations of Housing Element Updates. Quality Documents – Kimley-Horn’s commitment to quality can be attested through the many professional awards received for our projects, and the satisfaction of our clients and the communities they serve. Our documentation is thorough, and the presentation of information is clear, concise, understandable, and defensible. We understand the nuances of creating policy documents that meet State-mandated requirements, while supporting and advancing the local goals and policies of the community. Commitment to the City of Huntington Beach – We know that a strong commitment to client satisfaction and a quality product must be the foundation of our service to you. Our local Orange office is a short drive from the City’s offices and our nearest office to you, thereby allowing Huntington Beach to enjoy greater access to our team. Kimley-Horn commits to be responsive and available to you when you need us. Our team will provide proactive communication and function as an extension of your staff to the City, so together we can complete this project successfully. We have reviewed and understand all elements of the City’s Request for Proposals (RFP) and are committed to performing the services as outlined in the scope of work provided. Our scope of services assumes completion of this work effort by the October 15, 2021 deadline. Kimley-Horn appreciates the opportunity to submit this proposal to the City and welcomes the opportunity to work as your trusted advisor and Housing Element team. Please do not hesitate to contact Dave at 714.705.1317, dave.barquist@kimley-horn.com, or the address on the previous page (our nearest local office to the City) if you have any questions or require additional information. Our proposal price will be valid for a period of at least 180 days. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. David Barquist, AICP Jason Melchor, P.E. Project Manager Associate/Authorized Signer 111 4 City of Huntington Beach | LPPL77011 2020 112 5 City of Huntington Beach | LPPL77011 2020 113 6 City of Huntington Beach | LPPL77011 2020 B. BACKGROUND AND PROJECT SUMMARY SECTION The City of Huntington Beach is requesting the services of a highly experienced Housing Element consultant to assist the City in completing the State-Mandated Housing Element Update. The 6th Cycle Housing Element must be updated to comply with the current RHNA process and new statutory requirements. Kimley-Horn will provide Huntington Beach with seasoned technical specialists to achieve certification by HCD and approval by the City Council within the timeframe established by state law. Our scope of services provides the necessary tasks to achieve statutory compliance, while providing the City with a locally based policy document that reflects the visions and values of Orange County. Unique from prior Housing Element planning cycles, new state legislation has significantly heightened the consequences of not having a certified Housing Element and empowers the state to implement a variety of remedies, such as the provisions of AB 72, to monitor progress and potentially de-certify Housing Elements if they fail to comply with adopted policies/programs in a timely manner. Our scope of services and project schedule reflects adherence with state mandated deadlines and provides an adequate level of schedule buffer to proactively address potential issues with HCD. Additionally, due to the limited funding and financing resources currently available to the City for housing-related activities, a certified Housing Element may help to meet eligibility requirements for future state housing funds, grants and other financial assistance. Our strategic approach considers policies and programs that can maximize Hunting Beach’s potential for acquiring grants and other alternative for funding and financing sources. To develop effective planning policy in the City of Huntington Beach, it is important to fully understand the key planning issues in the community. While the Housing Element is a state-mandated policy document, the Housing Element’s policy program is a statement of the City’s vision and community values. During the community engagement process, many of the City’s planning issues will be identified and policy solutions explored. Understanding of Local Context Kimley-Horn understands that the City’s 6th Cycle Housing Element Update will substantially differ from the 5th Cycle Update due to new statutory requirements and a significantly increased RHNA allocation of 13,337 units compared to the 5th Cycle allocation of 1,353 units. The City of Huntington Beach is generally considered a “built-out” community, with limited vacant land available to accommodate future growth need. This will require the identification of infill opportunities in residential and non-residential areas. Existing land use policy, including Specific Plan areas may facilitate infill and mixed-use development in targeted areas. However, many of these sites may no longer meet the statutory requirements to identify them as appropriate for lower income households. As a result, the City may be required to employ creative solutions to facilitate the development of lower income housing to demonstrate the ability to accommodate their State-allocated RHNA need by income category. As part of the 6th Cycle update, the City will be required to comply with new State law to Affirmatively Further Fair Housing (AFFH), which addresses the equitable dispersion of affordable units throughout the City and the preservation of existing “at-risk” affordable housing stock. Kimley-Horn has recent experience working with HCD, local jurisdictions, and communities to interpret and fairly apply recent AFFH guidance during the 6th Cycle planning period. Our recent experience working on Housing Elements for SANDAG and SCAG jurisdictions will benefit Huntington Beach as we understand how to address and analyze these new requirements. 114 7 City of Huntington Beach | LPPL77011 2020 Approach to Successful Completion and Certification Kimley-Horn will effectively manage the update process as an extension of staff in all aspects of the Housing Element outlined in the following scope of services including: • Preparing a Housing Element Needs Assessment • Facilitating community outreach and collaborating with City staff to identify key stakeholders • Preparing all Housing Element components required by state law • Serve as the City’s representative and liaison with HCD • Prepare a Public Review Draft Housing Element • Prepare a Final Draft Housing Element based on public and agency comments • Presenting the Final Draft Housing Element at two public hearings before the Planning Commission and City Council • Facilitating HCD collaboration throughout the certification process • Final Adoption by the Huntington Beach City Council Compliance with State Housing Law The City’s Housing Element must comply with State Housing Element Law to achieve certification by HCD. Kimley-Horn provides Huntington Beach with a unique understanding of Housing Element Law, and most importantly, how HCD interprets the law. This will assist City Staff and elected officials in understanding the implications of non-certification. Kimley-Horn will evaluate existing available land resources to accommodate this projected need in compliance with the statutory requirements of AB 2348 and AB 1397. The new requirements applicable to sites analysis is a significant issue that should not be understated. Kimley-Horn’s recent application of these statutory requirements has facilitated the development of an effective approach to identifying, evaluating and selecting appropriate sites. We utilize unique tools and software, such as UrbanFootprint to identify and evaluate candidate sites to accommodate the City’s future RHNA growth need. Community Engagement Kimley-Horn recommends a targeted outreach effort to assist the public, stakeholders, and elected/appointed officials in understanding the update process, its implications, and the various methods of achieving compliance with State Law. Community engagement in the Housing Element planning process is an important component to an effective and easily implemented policy program. Kimley-Horn’s extensive community outreach experience enables our team to develop effective outreach strategies that achieve community-based support to accurately identify current issues, and craft policy that is responsive to The City’s housing needs. Our team is well-versed in conducting outreach in the current COVID-19 environment. We understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn has employed several strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to encourage participation. Because these restrictions are based on the community and County guidance, we will work with the City of Huntington Beach to find local solutions to outreach to benefit the overall process. 115 8 City of Huntington Beach | LPPL77011 2020 Proactive Engagement with HCD Kimley-Horn believes it is prudent and sound professional practice to involve HCD staff from the initial stages of the update process. Kimley-Horn has enjoyed a long-term and positive professional relationship with HCD staff. It is intended that HCD will be consulted from the very beginning of the Housing Element Update process. This may involve possible visits with HCD staff, informal discussion on policy and programs, and identification of potential issues within the existing Housing Element. Kimley-Horn will continue interaction with HCD throughout the Housing Element Update process in order to resolve any issues and make certification a seamless process. Based on the City’s recent experience in the decertification process and the political sensitivities of this process, it is advisable the City take a proactive posture with HCD to ensure communication is open and effective to assist the City in achieving local goals and complying with statutory requirements. New Legislative Considerations The State of California’s recent passing of numerous Housing Bills is indicative of a significant trend towards increasing the expectations on local governments to make their contributions to meeting state housing needs. In our recent experience, Kimley-Horn can testify to the validity of the State’s newer, more aggressive approach to Housing Element compliance. A variety of new laws have been adopted that will influence the City’s policy and program considerations. The charts included in the Appendix (2018 and 2019 Legislation and City Considerations) provide a summary of recently enacted laws and the methods/strategies and responses the City can take to address them. We have directly applied these recently enacted laws, negotiated with HCD, and developed workable policy and program solutions for our local government clients. The City of Huntington Beach will greatly benefit from our recent work as it will enable more efficient review and negotiation with HCD during the certification process. APPROACH AND METHODOLOGY Kimley-Horn has reviewed the City’s RFP and understands the statutory deadline for certification of Housing Elements in the SCAG region is October 15, 2021. Kimley-Horn understands that the City would like to achieve HCD certification prior to the statutory deadline. Kimley-Horn understands that much of the analysis for the Housing Element will rely on data from a variety of sources including American Community Survey, DOF, HUD, SCAG and other federal state and local sources. Getting the most accurate picture of existing and future needs will require the utilization of the most currently available data. We further understand that SCAG has not made a final determination of the City’s RHNA obligation. We will work closely with the City to monitor the release of these RHNA growth need allocations expected in early Fall of 2020. Approach to Successful Update Process Kimley-Horn will function as an extension of Huntington Beach staff throughout the planning process to reduce the need for unnecessary staff time and commitments to complete the Housing Element update. The Kimley-Horn team will provide the primary leadership for conducting all aspects of the work effort. As the City’s Housing Element consultant, we recognize that it is our responsibility to conduct the necessary analysis, assist in educating the community, local stakeholders, and elected officials, and use our expertise and experience to assist the City in a successful update process. 116 9 City of Huntington Beach | LPPL77011 2020 The following scope of services is consistent with the City’s requests for services outlined in the RFP and represents an approach to the 6th Cycle Housing Element Update that our team has found to be effective in achieving certification. The 6th Cycle requires analysis, public review periods, and community outreach efforts above and beyond what has been typically included in previous Housing Element Cycles. This scope of services has been tailored to meet the requirements of the update process as outlined by HCD while promoting collaboration with community members, elected officials, and other local stakeholders. We have also included a Project Schedule at the end of Section C. C. METHODOLOGY SECTION Task 1: Scope of Services and Process Task 1.1: Project Kick-off Kimley-Horn will participate in a Kick-Off Meeting with City staff to discuss the update process, answer questions, provide data, and exchange other important procedural aspects of the Housing Element Update. The meeting will address the following: • Technical Assistance in RHNA process, as applicable • Review/Modify Scope of Work and Schedule • Define Outreach Methodologies • Data Sharing/Exchanging • Meetings and Public Engagement Task 1.1 Deliverables: • Kick-off Meeting Agenda • Kick-off Meeting Minutes Task 1.2: Project Schedule Kimley-Horn will develop and maintain a project deliverables schedule outlining major milestones, meetings, work products, community outreach events, subcommittee meetings, and public hearings. The Project Team will provide regular tracking and updating of the project schedule so that Huntington Beach stays on schedule throughout the Housing Element Update process. The project deliverables schedule will include all tasks within the Scope of Work and accommodate anticipated City and agency review times. Kimley Horn has reviewed the City’s draft schedule included in the RFP. We have noted a number timing issue that may come into conflict with statutory requirements. The schedule contained in this proposal addresses the concerns. We further welcome additional discussion during the initial phases of the update process. Task 1.2 Deliverables: • Project Schedule (Updated as needed) 117 10 City of Huntington Beach | LPPL77011 2020 Task 2: Project Team Coordination Task 2.1: Project Management and Coordination Meetings Kimley-Horn will meet regularly with the project team to coordinate project deliverables, data, and public meetings. The scope and fee provided assume monthly phone meetings will occur throughout the duration of the project and face-to-face meetings when circumstances warrant. It is assumed that five meetings with staff will occur during the update process for project management, project updates and strategy planning. Additional phone conferences and coordination is anticipated to occur throughout the process. Task 3: Housing Element Components Task 3.1: Document Review Following the Kick-Off Meeting, Kimley-Horn will provide City of Huntington Beach staff with a listing of pertinent data that is necessary to complete the work program. Kimley-Horn will only request data that is proprietary to the City and not available publicly. Kimley-Horn will review all applicable City, regional, and State documents pertaining to the Housing Element update. This may include various policy and regulatory documents and other assistance programs. Kimley-Horn will be responsible for identifying and resolving any information gaps. Kimley-Horn anticipates a “turnkey approach” for data collection to the greatest extent feasible and will only request information that is proprietary to the City to minimize the work effort by City Staff. Task 3.1 Deliverable • Document Library List Task 3.2: Evaluate the Current Housing Element As required by State law, Kimley-Horn will review and evaluate the 5TH Cycle 2014-2021 Housing Element (as recently recertified in 2020) and its programs. In general, the task will include a review of the appropriateness of the housing goals, objectives, and polices in contributing to the attainment of the stated housing goal; the effectiveness of the Housing Element in attaining community housing goals and objectives; and the City’s progress in implementing the Housing Element. The report will include the following information: • Evaluate the status, effectiveness, and appropriateness of the current housing policy programs and identify any barriers to implementation • Compare identified goals from the adopted Housing Element to actual accomplishments during the plan period • Evaluate the existing Housing Element in relation to current State housing laws and identify any omissions or deficiencies Task 3.2 Deliverable • Review of Past Performance Matrix Task 3.3: Housing Needs, Constraints, Resources, Population, and Housing Profile As required by State law, Kimley-Horn will assess housing needs, constraints, and resources available. A population and housing profile will be conducted that summarizes, population and household characteristics, analysis of special needs populations, and units at risk of converting to market rate units. Housing constraints will identify non-governmental, governmental, and 118 11 City of Huntington Beach | LPPL77011 2020 environmental constraints that may influence housing. Housing resources such as availability of vacant land, zoning to accommodate RHNA growth needs, and capacities of available sites will be analyzed. Funding and financing resources available to address existing and future housing market conditions and needs will be identified. Opportunities for energy conservation will also be explored. Based on new housing law, the adequate sites analysis will be much more in-depth and detailed compared to prior planning periods. It is Kimley-Horn’s experience that the new law will necessitate a more detailed study of adequate sites to satisfy HCD standards. Task 3.3 Deliverables • Housing Profile Report • Adequate Sites Analysis • GIS Based Inventory of Sites • Data Tables, Maps, and Relevant Text Task 3.4: Summary Matrix of Applicable Housing Legislation Kimley-Horn will develop a summary matrix of applicable housing legislation that may affect the City’s Housing Element. The matrix will identify the applicable statutory references to the government code, the statutory provisions and the implications it may have for Huntington Beach. A General summary of this type of information is provided in the Appendices to this proposal. The Matrix will be provided in digital format, so that users can download/view the excerpts from state law, HCD guidance memorandums and other applicable provisions. Kimley-Horn believes this will be useful tool in providing a knowledge base for staff, decision-makers and the public to benefit the overall planning process. Task 3.4 Deliverable • Housing Legislation Matrix (Digital and Print Formats) Task 3.5 Develop Housing Plan Kimley-Horn will develop a Housing Plan that constitutes the policy component of the Housing Element. The Housing Plan may include prior policies from the 2021-2029 Housing Element that are still appropriate and will be supplemented by new policies and programs that address new statutory requirements. The Housing Plan will identify policies and programs to address Conservation and Improvement, Availability and Production, Affordability, Removal of Constraints, and Equal Housing Opportunity. Policies and programs will be supplemented with Quantified Objectives by income category. Task 3.5 Deliverables • Housing Policy Plan • List of Quantified Objectives Task 4: Community Engagement Task 4.1 Community Outreach Plan Kimley-Horn will employ an approach to public participation that provides for meaningful input and involvement. Kimley-Horn will conduct a minimum of two community engagement workshops to solicit public comments on the Housing Element Update prior to initiating work on Housing Element components. Based upon coordination with City Staff, the Kimley-Horn team will formulate a Community Outreach Program that addresses the outreach strategies, dates, locations, participants and other relevant 119 12 City of Huntington Beach | LPPL77011 2020 data. This Outreach Program will guide the outreach process for the Housing Element and will be updated as needed. Utilizing a variety of “tools” such as PowerPoint presentations, informational handouts, visual aids, and Social Media, Kimley-Horn will prepare and deliver materials to help workshop participants understand the update process, issues to resolve (as identified during the current Housing Element Evaluation), and potential solutions. It is assumed that City staff will be responsible for the scheduling of venues, staff coordination, and provide public noticing, facilities, set-up for all community engagement activities. In consideration of the current COVID-19 environment, our team understand the limitations on social gathering and how that can have a demonstrated effect on the level of participation in the planning process. Kimley-Horn can utilize a variety of strategies to enhance community engagement, including use of surveys, online meetings, webinars, and live event feeds to encourage participation. Those options and opportunities can be further explored during the kickoff meeting. Huntington Beach City Staff will be responsible for coordination and participation associated with venue and event scheduling and public dissemination of information via the City’s website and other methods in collaboration with the City’s public information officer. Task 4.1 Deliverable • Draft Community Outreach Plan in electronic format Task 4.2 Community Workshop #1 – Introduction and Policy Considerations Kimley-Horn will facilitate an initial community workshop with the public and stakeholders to discuss the Housing Element update process. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. The meeting will introduce participants to the RHNA process, Housing Element requirements, legislative requirements and engage in the identification of policy considerations. Participants will identify challenges, issues, and opportunities facing housing in Huntington Beach that will inform policy within the Housing Element. Task 4.2 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Workshop • Summary Workshop notes Task 4.3 Community Workshop #2 Kimley-Horn will facilitate a second community workshop with the public and stakeholders to discuss the Public Review Draft Housing Element. Workshop #2 will build upon the information learned from Workshop #1 and provide draft analysis, policies, and programs for review and discussion. Kimley-Horn will prepare and deliver a PowerPoint presentation, informational handouts, visual aids, and other materials. In collaboration with City staff, Kimley-Horn will identify key stakeholders. Task 4.3 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Workshop • Summary Workshop notes 120 13 Task 4.4 Community Outreach Survey Tool (OPTIONAL) Kimley-Horn understands that a flexible community outreach strategy is critical to gathering diverse and meaningful input form the community. The COVID-19 pandemic is altering the way that cities are approaching community outreach during the 6th Cycle Housing Element Update as participants may be less likely to attend traditional community workshops, even when possible. Provided the City would like to explore alternatives or in addition to “in-person” community outreach workshops, Kimley-Horn will provide a web-based outreach tool utilizing MetroQuest. The web- based survey tool includes analytics to evaluate community input on locations for potential housing, housing goals, policies, and programs. The community survey provides an alternative method for gathering public participation that allows residents and stakeholders the flexibility of participating at a time that works for their schedule. The tool also provides tangible data that can be incorporated into the Housing Element to quantify the City’s outreach efforts to HCD. Task 4.4 Deliverables • Set up, launch and running of outreach survey tool in coordination with City Staff • Summary report of survey results • Review of survey data and incorporation into the Housing Element Task 4.5 Study Session with City Council Kimley-Horn will attend and facilitate one (1) study session/meeting with the City Council. Council will not take any formal action at these meetings. These meetings will be used for interim discussion prior to formal Public Hearings later. The Study Session will serve as an educational opportunity to present information on new housing-related state law, elements of the 6th Cycle Housing Element Update process, and other project-related information determined to be important by City Staff. As part of the work plan refinement process, Kimley-Horn can discuss with City staff the most effective approach for these meetings, including opportunities for involvement of key stakeholder groups, non-profits, and other members of the community. Additional Study Sessions may be conducted at the request of City Staff as additional services not assumed in this proposal. Task 4.5 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Study Session • Summary Study Session notes Task 4.6 Study Session with Planning Commission Kimley-Horn will attend and facilitate three (3) study sessions/meetings with the Planning Commission. Study Session content will be similar to the City Council Study Session described previously. 121 14 Task 4.6 Deliverables • Electronic copies (in PDF format) of draft presentation, handouts, etc. • Preparation of facilitation of Study Session • Summary Study Session notes Task 5: Draft Housing Element Kimley-Horn will prepare a Screencheck Draft, Public Review Draft, and Final Housing Element. Task 5.1 Screencheck Draft Kimley-Horn will prepare and submit a Screencheck Draft Housing Element to the City for review. The Screencheck Draft will be a complete draft document and include all required statutory content. The draft will provide tables, maps, and graphics. Task 5.1 Deliverables • One electronic copy (in native file format and PDF format) of the Screencheck Draft Housing Element for City review and comment • One reproducible copy of the Screencheck draft Task 5.2 Pre-HCD Submittal Public Review Draft Kimley-Horn will prepare a Pre-HCD Public Review Draft Housing Element based on feedback received during the public review process to be reviewed prior to the formal submittal to HCD for initial review. The public review of the Draft Housing Element prior to review by HCD has been requested for 6th Cycles to make certain that public comments are reflected in the Draft document. Kimley-Horn will provide appropriate responses to public comments on the draft document. This will be beneficial to the City, as issues can be identified and addressed from third parties prior to HCD’s formal review. It is recommended the City permit a 30-day public review period. Task 5.2 Deliverables • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5.3 HCD Submittal Following all initial community outreach workshops and meetings, Kimley-Horn will prepare summary notes or minutes of the community workshop, and a summary of all other comments received during the public review period described in previous tasks. The HCD Submittal draft will incorporate all community and stakeholder feedback as well as staff comments based on community/third-party input. Once the Draft Housing Element is finalized, it will be submitted for an initial 60-day review to the 122 15 Department of Housing and Community Development (HCD) after required meetings and approvals from the Planning Commission and City Council. Kimley-Horn will prepare a transmittal letter to HCD detailing how the Housing Element meets State law requirements. The Draft Housing Element will be accompanied by a completed Completeness Review Checklist. Task 5.3 Deliverables • One electronic copy (in native file format and PDF format) of the HCD Draft Housing Element • electronic copy (in native file format and PDF format) of the transmittal letter and checklist Task 5.4 Response to Comments Kimley-Horn will coordinate the preparation of responses to any comments or requested revisions to the HCD Review Draft Housing Element. Based on our recent experience, the City should be prepared to receive considerably more comments during this Cycle. Task 5.3 Deliverables • Summary Matrix of Response to HCD Comments Task 5.5 Public Review Draft Kimley-Horn will prepare a Public Review Draft Housing Element based on comments from HCD for release to the public for review prior to scheduled adoption hearings. Kimley-Horn will resolve any issues and make requested revisions to the Draft to the satisfaction of the City prior to Public Hearing. Task 5.5 Deliverables • One electronic copy (in native file format and PDF format) • One reproducible copy Task 5.6 : Final Draft Housing Element Following review by HCD, Kimley-Horn will revise the appropriate sections and prepare a Final Draft Housing Element to be presented at public hearings before City Council. Task 5.6 Deliverable • One electronic copy (in native file format and PDF format) of the Final Draft Housing Element Task 5.7 : Transmittal of Final Adopted Housing Element to HCD Kimley-Horn will transmit the Final Housing Element to HCD for final certification and will maintain ongoing communication with the State until the Housing Element is 123 16 officially deemed certified. As required by state housing element law, the final adopted document must be provided to HCD prior to deeming the Housing Element certified by the State. Task 5.7 Deliverable • Ten (10) bound copies of the adopted Housing Element Document for distribution Task 6: Environmental Compliance The City of Huntington Beach General Plan Update Program Environmental Impact Report (PEIR) (Atkins, 2017) assessed the potentially significant environmental effects of the City of Huntington Beach General Plan Update (GPU). The project analyzed in the PEIR consisted of adoption and implementation of the GPU, which established an overall development capacity of 85,403 dwelling units (DU), 50.4 million square feet of non-residential land uses, and a population of 211,051 persons by 2040 (GPEIR Table 3-3). Based on the RHNA allocation and anticipated inventory of candidate housing sites, it is anticipated that General Plan amendments/zone changes (i.e., “the Project”) would be required to accommodate RHNA growth needs. Additionally, Infrastructure Element amendments would be required. These changes are anticipated to exceed the forecast development capacity analyzed in the GPEIR, requiring a Supplemental or Subsequent EIR (SEIR). Given the prior PEIR, the SEIR will identify the following: substantial changes (if any), which would require major revisions to the PEIR; substantial changes (if any) concerning the project circumstances, which would require major revisions to the PEIR; and new information, which was not known and could not have been known at the time the PEIR was certified. For each of the environmental issues noted below, the SEIR will evaluate the Project impacts relative to existing conditions and compare those to the PEIR. Issues that are considered adequately addressed in the PEIR will be summarized in the SEIR. One of the key decisions with this Project and SEIR, is how best to address the proposed Project considering the PEIR, to what extent issues are deemed adequately addressed, and how best to document these decisions within the SEIR. As discussed further in our Scope of Work below, Kimley-Horn recommends that the SEIR scope be focused through preparation of an Initial Study. Based on verified baseline conditions and the Draft HEU, our Environmental Team will work closely with the HEU Team and City to develop the “CEQA Project.” Our Environmental Team will also work closely with our internal technical/engineering partners and City to refine the environmental technical approach and SEIR scope. Kimley-Horn’s proven collaborative approach helps identify environmental issues early in the HEU process to “self-mitigate” the Project to avoid/reduce potential impacts; increase efficiency; improve technical quality/accuracy; and avoid loss of time/data. 124 17 Kimley-Horn will provide the Scope of Services specifically set forth below. This Scope of Services has been prepared based upon Kimley-Horn’s understanding of the Project issues and experience with similar issues and projects. This Scope assumes the following: • Baseline conditions, Project Description (based on the City-approved Draft HEU), and approach will not change once the City issues Authorization to Proceed. • The SEIR will address the Project’s potential environmental impacts at a programmatic level. • For each deliverable, Kimley-Horn will: o Respond to one reconciled set of City comments- additional City review cycles are excluded, o Provide a “redline copy” that reflects the proposed edits and responds to the City’s comments, and o Provide a “final screencheck” copy for City approval prior to finalizing/reproduction. • City comments will not raise new substantive issues requiring re-analysis. TASK 6 .1: PROJECT SCOPING Task 6.1.1: Project Kick-Off This Task includes a Kick-Off Meeting with the City and Applicant to discuss the HEU, proposed amendments, etc., and the “CEQA Project” in greater detail. The meeting’s primary objectives will be to confirm the City’s expectations and Project goals and develop/refine the Project Description. The analysis parameters, baseline conditions, construction details, buildout conditions, scheduling, and overall communications protocol will also be established. Prior to the meeting, Kimley-Horn will distribute a Kick-Off Meeting Agenda and Data Needs TM. Task 6.1.2: Research and Survey Readily available reference data, including planning and policy documentation from the City, County, state and federal agencies, and other agencies that may be affected by the Project will be collected and reviewed. Data obtained through this Task will be foundational to the environmental documentation and incorporated into the analysis, as appropriate. Task 6 .1 Deliverables:1 • Kick-Off Meeting Agenda; Kick-Off Meeting Notes and Action Items; and Data Needs TM 1 All deliverables will be submitted to the City in electronic format (MS Word and PDF), in addition to specified copies. 125 18 TASK 6 .2: PROJECT DESCRIPTION Building on the CEQA Project information obtained at the Project Kick-Off Meeting and the Draft SP, Kimley-Horn will prepare a Draft Project Description for City review and approval. The Project Description will detail the Project’s location, environmental setting, background and history, characteristics, discretionary actions, goals/objectives, construction schedule/phasing, agreements, and required permits and approvals. Kimley-Horn will prepare exhibits to depict the regional vicinity, candidate housing sites, and key Project components to support the environmental analyses. Task 6 .2 Deliverables: • Draft Project Description; and Final Project Description TASK 6 .3: SENATE BILL 18 AND ASSEMBLY BILL 52 NATIVE AMERICAN COMMUNICATIONS AND SACRED LANDS FILE SEARCH Kimley-Horn will provide Senate Bill (SB18) and Assembly Bill (AB52) Native American communications assistance, as directed by the City. Kimley-Horn will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search and an SB18 list of Native American tribes and individuals to contact. Using the NAHC’s SB18 list, Kimley-Horn will draft SB18 letters for City distribution. The letters’ objective will be to contact the identified entities to discern whether a tribe or individual has knowledge of cultural resources within the Project boundaries. Using the City’s California Native American tribal contacts list, Kimley- Horn will draft AB52 letters for City distribution. A request for consultation would require the City to enter a consultation process. Noticing results will be incorporated into the SEIR. Task 6 .3 Deliverables: • SB18 Letters; and AB52 Letters TASK 6 .4: INITIAL STUDY/NOTICE OF PREPARATION (IS/NOP) Task 6.4.1: Screencheck IS/NOP Kimley-Horn will prepare an IS in accordance with Public Resources Code §§21080(c)-(e) and State CEQA Guidelines §§15060-15065. The IS will be patterned after State CEQA Guidelines Appendix G and will describe the Project’s location, environmental setting/baseline conditions, and characteristics. The IS’ main body will consist of an environmental checklist and the supporting environmental analyses. Kimley-Horn will explain all responses and “No Impact” responses will be supported by cited information sources. The responses will consider the whole action involved with the Project: on- and off-site, Project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. The explanation 126 19 of each issue will also identify the significance criteria or threshold used to evaluate each question. Upon IS completion, a conference call will be scheduled to communicate to the City/Applicant preliminary environmental review findings and critical path items/issues. In consultation with and as directed by the City, Kimley- Horn will proceed with finalizing the IS, initiating the CEQA compliance documentation through the NOP, and preparing an SEIR. Task 6.4.2: IS/NOP Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck IS/NOP. Kimley-Horn will provide the City with a redline copy that reflects the proposed edits and responds to the City’s comments, and a final screencheck for approval prior to finalizing/reproduction. Task 6 .4 Deliverables: • 5 copies screencheck IS/NOP; • 3 copies final screencheck IS/NOP; • 3 bound public review IS/NOP; • 1 unbound reproducible public review IS/NOP; • 15 hard copies State Clearinghouse (SCH) Summary Form for Electronic Document Submittal; and • 40 flash drive public review IS/NOP (15 to SCH + 5 to City + 20 Distribution List) TASK 6 .5: SCOPING MEETING A Public Scoping Meeting will be scheduled during the NOP public review period to orient the community on CEQA’s intent and review processes, and the environmental issues to be addressed in the SEIR. The Public Scoping Meeting will also enable the community to understand the project and comment on environmental concerns. Kimley-Horn will provide graphics to supplement the discussion, as appropriate. Comment forms will be provided for this purpose, and the written comments, along with oral comments, will become a part of the project record. Task 6 .5 Deliverables: • Graphics; Comment Forms; Powerpoint Presentation T ASK 6 .6: CEQA NOTICES Kimley-Horn will prepare and distribute the SEIR CEQA Notices outlined below. The Notices will be distributed via certified mail to the SCH and all responsible, trustee, and interested agencies, community groups, and individuals, and filed with the 127 20 County Clerk. Distribution will be based upon a City-provided Distribution List. This Scope excludes radius mailing, newspaper notices, and payment of CDFW fees. • Notice of Preparation (NOP), • Notice of Completion (NOC), • Notice of Availability (NOA), and • Notice of Determination (NOD). Task 6 .6 Deliverables: • Each: Draft and Final Notice (NOP, NOC, NOA, NOD) TASK 6 .7: PUBLIC REVIEW D RAFT SEIR Following a determination that the proposed Project could have a significant effect on the environment, and during the IS/NOP public review period, Kimley-Horn will initiate preparation of a SEIR. Task 6.7.1: Screencheck Public Review Draft SEIR Kimley-Horn will prepare the Draft SEIR, which will consist of the following sections: a. Executive Summary b. Introduction and Purpose c. Project Description d. Basis for Cumulative Analysis: This Task assumes a maximum of 16 hours for consultation with other jurisdictions, including preparation of letters and cumulative projects list. e. Environmental Analysis: Building on the IS' findings, Kimley-Horn will conduct an analysis to evaluate the Project's potentially significant effects on the environment. The environmental analysis will be based upon readily available data, the Technical Studies identified above, and results from additional research. The significance criteria/thresholds used to evaluate each issue will be identified and patterned after recently amended State CEQA Guidelines Appendix G. The environmental analysis will consider all project phases, including planning, acquisition, development, and operation. The analysis will consider the whole action involved with the proposed project: on- and off-site, project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. Explanations will be provided for all thresholds including "No Impact" responses, which will be supported by cited information sources. The environmental analysis will identify and focus on the project's significant environmental effects, as well as environmental issues raised during the scoping process (NOP responses, Public Scoping Meeting, and other relevant and valid informative sources). For each significant adverse impact, the environmental analysis will also identify feasible mitigation measures, which could avoid or reduce the impact. Preliminarily, the project's key environmental considerations are: • Aesthetics • Air Quality • Biological Resources • Cultural Resources • Energy • Geology, Soils, Paleo. Resources 128 PAGE 21 • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Noise • Population, Housing, Employment • Public Services • Recreation • Transportation (VMT no LOS analysis) • Tribal Cultural Resources • Utilities and Service Systems The IS findings will be used to verify the environmental issues with potentially significant effects. f. Other CEQA Considerations g. Alternatives to the Proposed Action: Kimley-Horn will provide an analysis of a “reasonable range” of alternatives, comparing each alternative’s impacts in each environmental issue to the project. Preliminarily, the range of Alternatives will consist of the No Project/No Development Alternative and two other Alternatives to be developed through the environmental analysis process in consultation with the City. For each alternative, Kimley-Horn will qualitatively analyze the environmental issues outlined above. h. Effects Found Not to be Significant i. Organizations and Persons Consulted Task 6.7.2: SEIR Graphics Kimley-Horn will prepare approximately 20 exhibits to enhance the written text and clarify the proposed project environmental impacts. Our in-house graphic design team will create black and white or full-color exhibits, as well as covers and dividers for the SEIR and Technical Appendices. This task assumes the City’s Geographic Information Systems (GIS) Division will assist with map/exhibit production to depict candidate housing sites baseline conditions and resource presence/absence. This City-provided data will serve as basis for impact analyses. Task 6.7.3: Public Review Draft SEIR Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck Draft SEIR. Kimley-Horn will prepare a final screencheck of the Draft SEIR and submit to the City (along with a redline copy of the screencheck Draft SEIR) for approval prior to public release. This Task assumes that the Project Description will not change, and the comments will not raise new substantive issues requiring re-analysis. Tasks 6 .7 Deliverables: • 5 copies screencheck Draft SEIR; • 3 copies final screencheck Draft SEIR; • 3 bound public review Draft SEIR; • 1 unbound reproducible public review Draft SEIR; • 15 hard copies SCH Summary Form for Electronic Document Submittal; 129 PAGE 22 • 40 flash drives Public Review Draft SEIR & Technical Appendices (15 to SCH + 5 to City + 20 Distribution List) TASK 6 .8: FINAL SEIR Kimley-Horn will initiate preparation of the Final SEIR during the public review period. Task 6.8.1: Screencheck Final SEIR Kimley-Horn will prepare the Final SEIR, which will consist of the following sections: a. Introduction b. List of Commenting Persons, Organizations, and Public Agencies c. Comment Letters d. Responses to Comments: Kimley-Horn will respond to written comments received during the public review period and additional comments raised during public hearings concerning significant environmental issues. It is noted that the extent of public/agency comments that will result from the public review process is presently unknown. Kimley-Horn has budgeted conservatively, assuming a maximum of 80 hours for completion of the screencheck Responses to Comments. Should the level of comments and responses exceed the assumed effort, services will be provided on a T&M basis. e. Errata to the Draft SEIR, if required. Task 6.8.2: Final SEIR Completion Kimley-Horn will respond to one reconciled set of City comments on the screencheck Final SEIR. Kimley-Horn will prepare a final screencheck of the Final SEIR and submit to the City (along with a redline copy of the screencheck Final SEIR) for approval prior to finalizing. Tasks 6 .8 Deliverables: • 5 copies screencheck Final SEIR; • 3 copies final screencheck Final SEIR; • 3 bound public review Final SEIR; • 1 unbound reproducible public review Final SEIR; • 5 flash drives Public Review Final SEIR TASK 6 .9: MITIGATION MONITORING AND REPORTING PROGRAM Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through coordinating with the City to identify appropriate monitoring steps/procedures, to provide a basis for monitoring such measures during and upon project implementation. The MMRP Checklist will serve as the foundation of the proposed project’s MMRP. The Checklist indicates the mitigation measure number, mitigation measure, monitoring milestone, method of verification (documentation, 130 PAGE 23 field checks, etc.), and a verification section for the initials of the verifying individual, date of verification, and pertinent remarks. Task 6 .9 Deliverables: • Draft MMRP; and Final MMRP TASK 6 .10: PROJECT MANAGEMENT AND MEETINGS/HEARINGS Task 6.10.1: Project Management Ms. Rita Garcia will be responsible for CEQA Project Management, including overall Environmental Team management and coordination, and ongoing consultation with the City. Ms. Garcia will undertake consultation and coordination of the Project and review the SEIR for CEQA compliance. Ms. Garcia will coordinate with all technical and support staff, toward completion of the SEIR. Task 6.10.2: Meetings and Hearings Ms. Garcia and one additional staff will attend the meetings/hearings and conference calls and represent the Team, as appropriate. This Task assumes a maximum of 62 hours for meetings/calls, including preparation, attendance, and follow-up, as appropriate. Should the City determine that additional time beyond the assumed is required, services will be provided on a T&M basis. Assumed Meetings/Hearings: • 5 Staff Meetings (incl. Kick-Off Mtg.) • 1 Scoping Meeting • 2 PC Public Hearings • 1 CC Public Hearing Task 6 .10 Deliverables: • Agenda (per meeting, as appropriate); Minutes and Action Items (per meeting, as appropriate) Task 7: Public Hearings The Kimley-Horn team will prepare for and attend up to three (3) total Public Hearings. These meetings include two (2) Planning Commission and one (1) City Council Public Hearing. Kimley Horn will prepare a PowerPoint presentation and be prepared to answer questions. Task 6 Deliverables • One electronic copy (in native file format and PDF format) of the PowerPoint presentation • Attendance by up to two (2) Kimley-Horn staff members 131 24 City of Huntington Beach | LPPL77011 2020 Task 8: General Plan Consistency Amendments and Zoning Code Amendments (OPTIONAL) As an optional task, Kimley-Horn team will prepare amendments to the City’s Land Use Element and Zoning Code to provide internal consistency with the General Plan. While the Specific depth and breadth of these changes are not known at this time, a general budget has been reserved to accommodate this task. Kimley Horn understands that the specific details of these changes will be known after the development of the Draft sites analysis and policy program. Therefore, the specific scope and effort for this task will be further defined subsequent to the completion of these tasks. A lump sum fee is included in the Fee Schedule to accommodate the estimated effort. Task 6 Deliverables • General Plan Land Use Amendment Text and Maps • Zoning Code Amendment Text and Associated Tables, Graphics, etc. 132 25 City of Huntington Beach | LPPL77011 2020 Proposed Draft Project Schedule TASK August Sept Oct Nov Dec Jan Feb March April May June July August Sep Oct Nov Dec Jan TASK 1: PROJECT KICKOFF 1.1 Project Kick-off Meeting 1.2 Project Schedule 1.2 Project Coordination TASK 2: PROJECT TEAM COORDINATION 2.1 PM and Coordination TASK 3: REGIONAL HOUSING NEEDS ASSESSMENT 3.1 Document Review 3.2 Evalutate Current Housing Element 3.3 Housing Needs, Constraints, Resources and Profile 3.4 Housing Legislation 3.5 Develop Housing Plan TASK 4: COMMUNITY ENGAGEMENT 4.1 Community Outreach Plan 4.2 Community Workshop #1 4.3 Community Workshop #2 4.5 Planning Commission Study Session 4.6 City Council Study Session 4.7 RHNA AdHoc Committee TASK 5: DRAFT HOUSING ELEMENT 5.1 Screencheck Draft 5.2 Pre HCD Public Review Draft 5.3 HCD Submittal Draft 5.4 Response to HCD Comments 5.5 Public Review Draft 5.6 Final Draft Housing Element 5.7 Final Transmittal to and Correspondence with HCD 6.0 CEQA Compliance 7.0 Public Hearings 8.0 GP Consistency Amendmetns 9.0 Fiscal Analysis Note: Draft Schedule is for discussion purposes only and will be revised upon project commencement. TASK 8: GENERAL PLAN/ZONING AMENDMENTS TASK 9: FISCAL ANALYSIS CITY OF HUNTINGTON BEACH HOUSING ELEMENT UPDATE - DRAFT ESTIMATED SCHEDULE TASK 6: CEQA COMPLIANCE TASK 7: PUBLIC HEARINGS 2020 2021 133 26 City of Huntington Beach | LPPL77011 2020 D. STAFFING We offer a highly skilled, experienced, and responsive team of professionals that have a proven record of successfully working municipalities on Housing Element requirements and policies, and the preparation of Housing Element Updates. Our team is led by project manager Dave Barquist, AICP, and is supported by a highly integrated team that offers a depth of Housing Element knowledge and demonstrated leadership in helping local agencies meet Housing Element requirements. We have included resumes for our key team members on the following pages. DAVE BARQUIST, AICP Project Manager, Principal-in-Charge, Planning/Policy, Outreach Dave has over 25 years of public and private sector planning experience, including extensive policy and program analysis for local and regional Housing Elements that encompasses constraints and resources analysis, housing needs assessments, conditions surveys, and housing affordability studies. His experience includes direct involvement in the management and preparation of more than 50 Housing Element Updates in all RHNA planning periods since the 1990s. Sample of Recent Relevant Experience Encinitas 6th Cycle Housing Element, Encinitas, CA – Project Manager Del Mar 6th Cycle Housing Element, Del Mar CA – Project Manager Solana Beach 6th Cycle Housing Element, Solana Beach, CA – Principal in Charge Coronado 6th Cycle Housing Element, Coronado, CA – Project Manager Professional Credentials • Bachelor of Science, Urban and Regional Planning, California State Polytechnic University, Pomona • American Institute of Certified Planners (AICP) #013476 134 27 City of Huntington Beach | LPPL77011 2020 County of Orange 6th Cycle Housing Element, Orange County, CA – Project Manager City of Fountain Valley Housing Element, Fountain Valley, CA – Project Manager City of Anaheim Housing Element, Anaheim, CA – Project Manager City of Orange Housing Element, Orange, CA – Project Manager City of Placentia Housing Element, Placentia, CA – Project Manager NICK CHEN, AICP GIS/Graphics, Planning/Policy, Outreach Nick is a community planner and urban designer with over 8 years of public and private sector planning experience engaging communities as a part of a wide range of planning efforts, from housing policy and entitlement to visioning and long-term strategic planning. His work includes housing element policy, urban design, community visioning, economic development plans, and community outreach. He has completed formal training in community outreach and facilitation with the International Association of Public Participation. Sample of Recent Relevant Experience City of Chino 2021-2029 Housing Element Update, Chino, CA – Project Manager City of Encinitas 2014-2021 Housing Element Update, Encinitas, CA – Assistant Project Manager City of Rialto 2014-2021 Housing Element Update, Rialto, CA – Assistant Project Manager City of Encinitas 2021-2029 Housing Element Update, Encinitas, CA – Assistant Project Manager City of Solana Beach 2021-2029 Housing Element Update, Solana Beach, CA – Assistant Project Manager RITA GARCIA Project Manager/Environmental Analysis With more than 30 years of experience, Rita has provided environmental and planning services to a broad range of public and private sector clients. She specializes in managing and contributing to CEQA/NEPA documents and regulatory permitting for a broad range of policy-level, multi-component projects, including Housing Elements, General Plans, and Specific Plans. She has been involved with varied policy documents involving new development and redevelopment, and facility and infrastructure components in sensitive environments, with substantial public involvement and controversy. Professional Credentials • Master of Urban and Regional Planning, University of California, Irvine • Bachelor of Science, Landscape Architecture, California State Polytechnic University, Pomona • American Institute of Professional Credentials • Bachelor of Science, Urban and Regional Planning, California State Polytechnic University, Pomona • National A i ti f 135 28 City of Huntington Beach | LPPL77011 2020 Sample of Recent Relevant Experience Encinitas 2013-2021 Housing Element Supplemental PEIR, Encinitas, CA – Environmental Manager City of Riverside 2014-2021 Housing Element Addendum EIR, Riverside, CA – Project Manager Murrieta General Plan 2035 Program EIR, Murrieta, CA – Senior Analyst City of Riverside 2014-2021 Housing Element Update Implementation Plan EIR, Riverside, CA – Project Manager Buena Park General Plan 2035 Program EIR, Buena Park, CA – Senior Analyst MOLLY MENDOZA Planning/Policy, Outreach Molly is a planner with experience in planning, development, and design. Molly also specializes in community engagement. She has experience analyzing community outreach results, participating in outreach events, and engaging local stakeholder in project planning. Before coming to Kimley-Horn, Molly worked as a planning intern with the City of Anaheim and as a policy analyst with Housing Long Beach. Sample of Recent Relevant Experience Rialto Housing Element Update, Rialto, CA – Planning Analyst Rancho Los Amigos South Campus Specific Plan, Downey, CA – Planning Analyst County of Orange 2021-2029 Housing Element Update, Orange County, CA – Planning Analyst City of Orange 2021-2029 Housing Element Update, Orange, CA – Planning Analyst Del Mar 2021-2029Housing Element Update, Del Mar, CA – Planning Analyst Encinitas 2021-2029 Housing Element Update, Encinitas, CA – Planning Analyst Housing Element Update, Solana Beach, CA – Planning Analyst MATT HORTON, AICP GIS/Graphics Matt is a planner with more than eight years of experience in land use planning, mobility planning, and GIS analysis. Matt specializes in the development of community plans that thoughtfully consider the interrelationship between mobility and land use. His time at Kimley-Horn has been focused on improving public policy decision making through spatial analytics, scenario planning, and geographic information systems. Sample of Recent Relevant Experience Professional Credentials • Master of Urban and Regional Planning, University of California, Irvine • Bachelor of Arts, History, California State University, Professional Credentials • Master of Urban and Regional Planning, University of Minnesota • Bachelor of Arts (Geography and 136 29 City of Huntington Beach | LPPL77011 2020 Housing Element Update, Encinitas, CA – Project Planner Housing Element Update, Solana Beach, CA – Project Planner Red Hill Corridor Specific Plan and EIR, Tustin, CA – GIS Specialist On-Call Civil and Traffic Engineering, Carlsbad, CA – Project Planner Parking Management Plan, Village and Barrio, Carlsbad, CA – Project Planner Trolley Program Feasibility Study, Carlsbad, CA – Project Manager Balboa Avenue Transit Station Specific Plan, San Diego, CA – Project Planner Corridor Planning II Process Zoning Code and Map Update for the General Plan 2030 Update, Santa Cruz, CA – Analyst E. QUALIFICATIONS Kimley-Horn is a full-service planning, environmental, and engineering consulting firm providing services to public and private clients nationwide. We offer the City of Huntington Beach a staff of experienced planners, public policy specialists, and environmental analysts working within a collaborative environment that includes a multidisciplinary team of more than 500 planning and design professionals in 11 offices throughout California, including our offices in Orange, San Diego, Los Angeles, and Riverside. Our Housing Element team is based out of our local office in Orange and includes a team of policy and environmental planners with years of experience successfully interpreting and implementing State housing legislation to achieve HCD certification for jurisdictions across California. The team assigned to the City includes housing element and planning specialists that work daily with public sector clients, providing hands-on, turnkey services to cities, counties, and other state and local agencies throughout California. Our team has worked on numerous housing elements in the local area and statewide. Our experience includes working with several jurisdictions to gain mid-cycle certification. These jurisdictions were some of the first to incorporate the requirements of 2017-2019 State housing legislation in order to achieve HCD certification. Kimley-Horn is currently working with several SANDAG and SCAG jurisdictions on 6th Cycle Updates. Our team works diligently to stay up to date on current legislation and works directly with jurisdictions and HCD on the appropriate implementation of new legislation regarding Affirmatively Furthering Fair Housing (AFFH), AB 1397 candidate sites analysis, AB 686 compliance and other applicable statutory requirements. Our team will use our years of experience and understanding of the Housing Element process to provide a turnkey experience for the City. With this experience, we have developed a deep understanding of the Department of Housing and Community Development (HCD) certification process and utilize our longstanding relationship with HCD to our clients’ advantage. We are proud to be able to say that every Housing Element we’ve worked on has achieved certification by HCD! Recent Housing Element Experience The following are a sample of additional Housing Element Update projects completed by members of our team. 137 30 City of Huntington Beach | LPPL77011 2020 References The Kimley-Horn team is proud of its successful track record of Housing Element updates for both the 4th cycle and 5th cycle RHNA planning periods. Below is a sample of the Housing Elements our key staff has completed. City of Encinitas Housing Element (5th Cycle and 6 th Cycle), Encinitas, CA Housing Element Cycle/Year Certified Housing Element Cycle/Year Certified Anaheim Housing Element (4th cycle - Certified in 2009) Indio Housing Element (4th cycle - Certified in 2009) Anaheim Housing Element (5th cycle- Certified 2014) La Mirada Housing Element (5th cycle - Certified in 2014) Antioch Housing Element (4th cycle - Certified in 2010) Los Alamitos Housing Element (4th cycle - Certified in 2010) Arcadia Housing Element (5th cycle - Certified in 2013) Lynwood Housing Element (4th cycle - Certified in 2010) Artesia Housing Element (4th cycle - Certified in 2011) Montclair Housing Element (4th and 5th cycle – Certified in 2014) Carmel Housing Element (4th cycle - Certified in 2010) Murrieta Housing Element (6th cycle – In progress) Chula Vista Housing Element (4th cycle - Certified in 2007) Orange Housing Element (4th cycle - Certified in 2010) Housing Element Cycle/Year Certified Housing Element Cycle/Year Certified City of Chino Housing Element (6th Cycle – In progress) Orange Housing Element (5th cycle- Certified in 2014) Del Mar Housing Element (6th Cycle – In progress) Orange Housing Element (6th Cycle – In progress) El Monte Housing Element (5th cycle - Certified in 2013) County of Orange Housing Element (6th Cycle – In progress) Encinitas Housing Element (6th Cycle – In progress) Placentia Housing Element (4th cycle - Certified in 2010) Fontana Housing Element (4th cycle - Certified in 2010) (5th Cycle – Certified in 2017) Fontana Housing Element (5th cycle- Certified in 2014) Rialto Housing Element Mid-Cycle Update – In progress Fountain Valley Housing Element (5th cycle, Certified in 2014) Salinas Housing Element (4th cycle - Certified in 2011) Fullerton Housing Element (4th cycle - Certified in 2010) Saratoga Housing Element (4th cycle - Certified in 2010) Gilroy Housing Element (Found in compliance by HCD in 2011) Solana Beach Housing Element (6th Cycle – In progress) Hemet Housing Element (5th cycle - Certified in 2014) Stanton Housing Element (4th cycle - Certified in 2009) Indian Wells Housing Element (5th cycle – Certified in 2014) Truckee Housing Element (4th cycle - Certified in 2009) 138 31 City of Huntington Beach | LPPL77011 2020 Kimley-Horn is currently assisting the City with their Housing Element Update for the RHNA 5th and 6th Cycle planning periods. Kimley-Horn worked extensively with City staff, elected official, legal counsel, HCD and the public to develop policy solutions. Aside from completing the technical analysis associated with updating a Housing Element, the process has included numerous outreach events, including stakeholder meetings, community forums, open houses, and public working sessions. Each step of the process has included components to inform and engage the community to make certain that their feedback is incorporated into the Housing Element Update whenever feasible. Reference: Jennifer Gates, Principal Planner, City of Encinitas, 760.633.2714, jgates@encinitas.gov Dates: 2017 – Present Team Members: Dave Barquist – Project Manager, Nick Chen – Assistant Project Manager, Molly Mendoza – Planning Analyst, Rita Garcia – Environmental Manager, Brian Leung – Environmental Analyst City of Del Mar Housing Element (6 th Cycle), Del Mar, CA David Barquist and Nick Chen are leading an update to the City of Del Mar’s 6th cycle Housing Element. Our team is responsible for evaluating the status of the City’s housing programs, updating housing affordability information, analysis of household characteristics, and review of the land inventory available to produce new housing in this community. The Housing Element scope also includes evaluation for constraints on the production of housing in the community, and an update of proposed housing programs. The project also includes conducting community outreach, both in person and virtual, and assistance with the facilitation of a Housing Element Task Force. Reference: Shaun McMahon, Project Planner, City of Del Mar, 858.755.9313, smcmahon@delmar.ca.us Dates: 2019 – Present Team Members: Dave Barquist – Project Manager, Nick Chen – Assistant Project Manager, Molly Mendoza – Planning Analyst City of Rialto Housing Element (5th Cycle), Rialto, CA Kimley-Horn assisted the City of Rialto with the 2014-2021 Housing Element update. The City missed the statutory deadline to complete their 5th cycle Housing Element and completed the Housing Element to meet requirements of AB 1233. Kimley-Horn assisted the City with an updated land inventory analysis to accommodate both the 4th cycle and 5th cycle RHNA needs of the City. The update includes revisions to the City’s housing profile, updated governmental and non-governmental constraints to the development of housing, a progress report on the performance of the existing Housing Element, and a revised Housing Plan. Reference: Karen Peterson, Senior Planner, City of Rialto, 909.820.2505, kpeterson@rialtoca.gov Dates: 2016 – 2020 Team Members: Dave Barquist – Project Manager, Nick Chen – Assistant Project Manager, Molly Mendoza – Planning Analyst City of C hino Housing Element (6 th Cycle), Chino, CA Kimley-Horn is assisting the City of Chino with the 6th Cycle Housing Element update. They will be considering considerable growth due to draft RHNA allocations and must deal with limitation imposed by local growth control legislation. The Kimley Horn team is developing a unique outreach program in consideration with COVID-19 and will be engaging an AdHoc Housing Committee through the planning process. Reference: Warren Morelion, City Planner, City of Chino 909.334.3332, wmorelion@cityofchino.org Dates: 2020 139 32 City of Huntington Beach | LPPL77011 2020 Team Members: Dave Barquist – Project Manager, Nick Chen – Assistant Project Manager, Molly Mendoza – Planning Analyst City of Solana Beach Housing Element (6 th Cycle), Solana Beach, CA Kimley-Horn is assisting the City of Solana Beach with the 6th Cycle Housing Element update. They will be considering developing policies and programs for a built-out coastal community with almost no vacant land and must deal with limiting land use policies. The Kimley Horn team has developed a comprehensive analysis of sites in consideration of a substantial growth in 6th Cycle RHNA calculations. Reference: Joseph Lim, Director, City of Solana Beach 858.720.2434, jlim@cosb.org Dates: 2020 Team Members: Dave Barquist – Principal, Nick Chen –Project Manager, Molly Mendoza – Planning Analyst F. FEE PROPOSAL TASK Principal Senior Planner Associate Planner Assistant Planner / Graphics Admin / Support $275 $168 $130 $110 $110 1.1 Project Kick-off Meeting 4 6 8 $3,148 1.2 Project Schedule 2 4 $1,222 TASK 2: PROJECT MANAGEMENT AND COORDINATION 60 48 30 20 $30,664 TASK 3: ANALYZE REGIONAL HOUSING NEEDS ASSESSMENT 3.1 Document Review 1 4 12 $2,507 3.3 Evalutate Current Housing Element 4 10 16 $4,860 3.3 Housing Needs, Constraints, Resources, Population and Housing Profile 30 80 180 16 $46,850 3.4 Housing Legislation Matrix 4 6 40 12 $8,628 3.5 Develop Housing Plan 12 40 32 $14,180 TASK 4: COMMUNITY ENGAGEMENT 4.1 Community Outreach Plan 2 4 18 $3,562 4.2 Community Workshop #1 8 16 20 3 $7,818 4.3 Community Workshop #2 8 16 20 3 $7,818 4.5 Planning Commission Study Sessions (up to 3)24 36 48 $18,888 4.6 City Council Study Session (1)8 18 16 $7,304 TASK FOUR: DRAFT HOUSING ELEMENT 5.1 Screencheck Draft 8 30 40 10 $13,540 5.2 Pre HCD Public Review Draft 4 16 32 8 $8,828 5.3 HCD Submittal Draft 4 10 28 8 $7,300 5.4 Response to Comments 4 18 32 3 $8,614 5.5 Public Review Draft 4 16 32 $7,948 5.6 Final Draft Housing Element 4 15 32 2 $8,000 5.7 Final Transmittal to and Correspondence with HCD 2 4 6 $2,002 TASK 5: CEQA COMPLIANCE 400 60 1000 100 60 $267,680 TASK 6: PUBLIC HEARINGS (3 Hearings Assumed)24 42 16 $15,736 TASK 7: FINAL HOUSING ELEMENT CERTIFICATION 2 6 8 6 $3,258 Expenses (travel, copies, etc.). Reproduction estimated $5,000 SUBTOTAL 623 505 1666 134 117 $505,355 Recommended Contingency (15%)$75,803 TOTAL COST $581,158 OPTIONAL TASKS Task 8: General Plan Amendments and Zoning Code Revisions $75,000 Task 4.4 Online Community Survey $12,000 63 su Note: Kimley-Horn reserves the right to reallocate staffing resources amongst tasks if necessary, not to exceed total approved fees. CITY OF HUNTINGTON BEACH HOUSING ELEMENT UPDATE - ESTIMATED FEES (rev.081220) TASK 1: PROJECT KICKOFF Total Cost 140 A1 City of Huntington Beach | LPPL77011 2020 APPENDIX: FORMS AND REQUIRED INFORMATION Legislation and City Considerations Requested Modifications to Terms and Conditions Legislation and City Considerations 2018 LEGISLATION CITY OF HUNTINGTON BEACH CONSIDERATIONS FUNDING MEASURES SB 2 - Projected to generate hundreds of millions of dollars annually for affordable housing, supportive housing, emergency shelters, transitional housing and other housing needs via a $75 to $225 recording fee on specified real estate documents. The city is eligible for a variety of funding opportunities to help achieve the goals and policies stated in the Housing Element. Careful consideration to the way in which policy is articulated will help to increase the likelihood of future funding acquisition. SB 3 - Placed a $4 billion general obligation bond on the November 2018 ballot to fund affordable housing programs and the veteran’s homeownership program (CalVet). Similar to SB 2, The city is eligible for a variety of funding opportunities to help achieve the goals and policies stated in the Housing Element. STREAMLINING MEASURES SB 35 - Streamlines multifamily housing project approvals, at the request of a developer, in a city that fails to issue building permits for its share of the regional housing need by income category. In a SB 35 city, approval of a qualifying housing development on qualifying site is a ministerial act, without CEQA review or public hearings. This new law allows developers to request streamlining provided certain criteria are met. This means the City of Huntington Beach will need to evaluate the entitlement procedures to permit and track the adherence to the new law. SB 540 - Streamlines the housing approval process by allowing jurisdictions to establish Workforce Housing Opportunity Zones (WHOZs), which focus on workforce and affordable housing in areas close to jobs and transit and conform to California’s greenhouse gas reduction laws. SB 540’s objective is to set the stage for approval of housing developments by conducting all of the necessary planning, environmental review and public input on the front end through the adoption of a detailed Specific Plan. SB 540 provides the development community with certainty that for a five-year period, development consistent with the plan will be approved without further CEQA review or discretionary decision-making. SB 540 authorizes a state grant or loan for a local government to do planning and environmental reviews to cover a neighborhood. Developers in the designated community also will have to reserve a certain percentage of homes for low- and middle-income residents and the city’s approvals there would be approved without delay. 141 A2 City of Huntington Beach | LPPL77011 2020 AB 73 – Similar to SB 540 the Bill streamlines the housing approval process by allowing jurisdictions to create a housing sustainability district to complete upfront zoning and environmental review in order to receive incentive payments for development projects that are consistent with the ordinance. Under AB 73, Huntington Beach would receive money when it designates a community for more housing and then additional dollars once it starts issuing permits for new homes. In these neighborhoods, at least 20% of the housing must be reserved for low- or middle-income residents, and projects will have to be granted permits without delay if they meet zoning standards. ACCOUNTABILITY MEASURES SB 167 / AB 678 / AB 1515 – These three measures were amended late in the 2017 legislative session to incorporate nearly all the same changes to the Housing Accountability Act (HAA). The HAA significantly limits the ability of a jurisdiction to deny an affordable or market- rate housing project that is consistent with existing planning and zoning requirements Considerations for zoning requirements in the entitlement process will have to comply with these new laws. Findings for projects may have to be modified, modifications to land use definitions will have to be considered. OTHER MEASURES AB 1505 - Allows a jurisdiction to adopt an ordinance that requires a housing development to include a certain percentage of residential rental units affordable to and occupied by households with incomes that do not exceed limits for households with extremely low, very low, low or moderate income. Such an ordinance must provide alternative means of compliance such as in-lieu fees, off-site construction, etc. Essentially addressing rental unit inclusionary, the AB 1505 law provides a “solution” to the Palmer Decision. If the city choses any type of rental inclusionary policy, this will have to be considered. AB 879 - Expands upon existing law that requires, by April 1 of each year, general law cities to send an annual report to their respective city councils, the state Office of Planning and Research (OPR) and HCD that includes information related to the implementation of the General Plan, including RHNA. As a general law city, this law will require annual updates to the City Council and submission of yearly reports on General Plan implementation. AB 1397 - Makes numerous changes to how a jurisdiction establishes its housing element site inventory This is one of the most profound changes to adequate sites analysis and will require a much more in-depth review of sites and the suitability of those sites. This new law provides very specific justification of sites that area deemed suitable and will much more time and effort then the city has experienced in the past. 142 A3 City of Huntington Beach | LPPL77011 2020 AB 72 - Provides HCD new broad authority to find a jurisdiction’s housing element out of substantial compliance if it determines that the jurisdiction fails to act in compliance with its housing element and allows HCD to refer violations of law to the attorney general. The is a compliance issue. As part of the Housing Element, the City will have to ensure the goals, policies and objectives implementation are a direct consideration with adopting the Housing Element. 143 A4 City of Huntington Beach | LPPL77011 2020 As of January 1, 2019, additional new laws have gone into effect in California. These newest statutory requirements amend and clarify existing adopted law and make additional efforts to increase housing production. 2019 Legislation and City Considerations LEGISLATION CITY OF HUNTINGTON BEACH CONSIDERATIONS AB 2753 - Seeks to expedite the processing of density bonus applications pursuant to the State Density Bonus Law. The State Density Bonus Law, originally enacted in 1979, requires an agency to grant a density bonus and/or a certain number of concessions or incentives to developers who agree to construct developments that provide affordable housing and meet certain criteria. This year's amendments now require local governments to provide determinations to developers regarding the amount of density bonus for which a development is eligible, all reductions in parking requirements for which the applicant is eligible and whether the applicant has provided adequate information for the local government to make a determination regarding any requested incentives, concessions, waivers or reductions in required parking. The law further requires such determinations to be based on the development project at the time the application is deemed complete and provides that the local government shall adjust the amount of density bonus and required parking based on any changes during the course of the development processing. This will influence the procedural aspects of identifying density bonus at the time of completeness of any application that certain entitlements are clearly articulated and approved. Policies and procedures will have to modified to accommodate this new law. AB 2372 - Authorizes cities or counties to grant a developer of an eligible housing development under the State Density Bonus Law a floor area ratio bonus in lieu of a bonus based on dwelling units per acre. The floor area bonus is calculated based on a formula prescribed in the new statute (i.e., allowable residential base density x (site area in square feet / 43,500) x 2,250). An eligible housing development under the law is a multifamily housing development that provides at least 20 percent affordable units, is located within a transit priority area or a half-mile from a major transit stop, meets requirements for the replacement of existing units and complies with height requirements applicable to the underlying zone. The law also prohibits cities and counties from imposing parking requirements in excess of specified ratios and allows an applicant for an eligible development to calculate impact fees based on square feet and not per unit. Future use and analysis of sites related to mobility and transportation improvements will result from the application this law. Additionally, amendments to the City’s fee ordinance may be required to ensure the fee calculation complies with statute. 144 A5 City of Huntington Beach | LPPL77011 2020 LEGISLATION CITY OF HUNTINGTON BEACH CONSIDERATIONS SB 1227 - Extends the State Density Bonus Law to apply to student housing. It allows student housing projects where at least 20 percent of the units are affordable for lower income students to receive a 35 percent density bonus. The law also provides that the development must provide priority to students experiencing homelessness. The density bonus under the law will be calculated based on the number of beds instead of units. This may be applicable to student housing associated with Goldenwest College. AB 2797 - Requires the State Density Bonus Law to be harmonized with the California Coastal Act so that both statutes can be given effect within the coastal zone to increase affordable housing in the coastal zone while protecting coastal resources and access. This law applies to Huntington Beach as they have land within the Coastal Zone. AB 3194 - Makes three important revisions to strengthen the Housing Accountability Act (HAA). The HAA strictly limits local governments' authority to reject or restrict housing development projects that comply with applicable objective general plan, zoning and subdivision standards. The Legislature's reforms to the HAA in 2017 were one of the most significant elements of the 2017 housing package. This year, as revised by AB 3194, if the zoning for a project site is inconsistent with the general plan, a proposed housing development project cannot be considered "inconsistent" with a jurisdiction's zoning standards and cannot be required to seek a rezoning, as long as the project complies with the jurisdiction's objective general plan standards. Second, local agencies must now apply zoning standards and criteria to facilitate and accommodate development at the density allowed on the site by the general plan. Third, the Legislature declared its intent that a "specific, adverse impact on the public health and safety" – the only permissible basis on which a local government can reject or reduce the size of a project that complies with objective standards—will "arise infrequently." This law may require the city to evaluate consistency with General Plan land use designations and the city zoning classifications. If the City of Huntington Beach finds that additional land must be rezoned, it must also be accompanied by amendments to the General Plan land use. SB 765 - Makes a series of "cleanup" revisions to SB 35, the major streamlining law enacted in 2017, which requires localities to grant a streamlined ministerial approval to housing projects that meet the locality's objective standards, commit to provide prevailing wage labor and provide a specified amount of affordable housing, among other criteria. Among the most helpful of this year's amendments is the Legislature's explicit statement that the California Environmental Quality Act (CEQA) does not apply to the agency's determination of whether an application for a development is subject to the streamlined ministerial approval process – eliminating one argument housing opponents have used to try to avoid the effect of SB 35. 145 A6 City of Huntington Beach | LPPL77011 2020 LEGISLATION CITY OF HUNTINGTON BEACH CONSIDERATIONS AB 2263 - Authorizes parking reductions for a development project in which a designated historical resource is being converted or adapted. For projects converting or adapting a designated historical resource to a residential use that is located within a half-mile of a major transit stop, an agency shall not require the project to provide parking spaces greater than the number of parking spaces that existed on the project site at the time the project application was submitted. For a project converting or adapting a designated historical resource to a nonresidential use, a local agency shall provide a 25 percent reduction in the amount of parking spaces that would otherwise be required. While not germane to the Housing Element, this may impact historic structure reuse in the city, which could conceivable be reused and require reduced parking, which may influence the type and extent of conversions. AB 2162 - Requires supportive housing to be considered a use "by right" in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria. Supportive housing is housing linked to an onsite or offsite service that assists the resident in retaining the housing, improving his or her health status and ability to live and work in the community. Qualifying criteria relates to affordability, long-term deed restrictions, nonresidential floor use providing supportive services and other design requirements. The law requires a local government to approve, within specified periods, supportive housing developments that comply with these requirements. The law prohibits the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within a half-mile of a public transit stop. By-right zoning will potentially require updates to the city’s zoning ordinance, and policies and programs in the housing element. Because of the by-right requirement, areas that do not contain any or have limited supportive housing, this type of use may become more prevalent in the City over time. Especially in Huntington Beach, where a variety of multi-family, mixed use and nonresidential zones exist. AB 829 - Prohibits local governments from requiring a developer of obtain a letter of acknowledgment or similar document prior to applying for state assistance for a housing development. The law defines state assistance as any state funds, a state tax credit or a federal tax credit administered by the state. The legislative analysis for the bill explained that in at least one case in the state, city council members have delayed projects for supportive housing requiring financial assistance by conditioning a project to receive official sign-off from the local elected official in order to receive funding. This law ends that practice for all jurisdictions. The City of Huntington Beach will have to consider the procedural aspect of the entitlement process to ensure compliance with this new law. This may require new programs in the Housing Element to comply with law. 146 A7 City of Huntington Beach | LPPL77011 2020 LEGISLATION CITY OF HUNTINGTON BEACH CONSIDERATIONS SB 828 / AB 1771 - Makes several changes to the Regional Housing Needs Assessment (RHNA) process to use more data to more accurately and fairly reflect job growth and housing needs, with an emphasis on fair housing goals. RHNA is the process to identify the total number of housing units and income levels that each jurisdiction must accommodate in its housing element. The RHNA process has been in the spotlight recently due to claims that some cities have artificially low RHNA targets due to a politically driven process. New amendments revise the data that the council of governments (the entities that determine RHNA targets) must provide to HCD as part of the RHNA process. That data must now include new information regarding overcrowding rates, vacancy rates and cost- burdened housing (among other new data points). This law adds more opportunities for public comment and HCD adjustments to the council of governments' methodology for selecting RHNA targets, as well an ability for local governments to appeal RHNA targets. Additionally, the law prohibits a council of governments from using prior underproduction of housing, or stable population numbers, as justification for a determination or reduction in a local government's share of the RHNA. SB 828 has a few distinct requirements to report in Housing Elements: • Defines a “healthy” vacancy rate as no less than 5% • Prohibits using past production of units or stable population growth to justify reduced housing goals • Identify no. of cost burdened households Based on the analysis of the bill, it is likely this will increase the RHNA need for Huntington Beach, especially in low- and moderate- income households. AB 1771 may provide a more transparent process for the City and ultimately the ability to accommodate RHNA by providing more structure to the allocation process. Because of considerable overlap amongst these two bills, it is likely that clean up legislation will occur in the future. AB 686 - Requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing and not take any action that is inconsistent with this obligation. "Affirmatively furthering fair housing" means, among other things, "taking meaningful actions ... that overcome patterns of segregation and foster inclusive communities" and "address significant disparities in housing needs and in access to opportunity." Additionally, an assessment of fair housing practices must now be included in upcoming housing elements. This law requires the City of Huntington Beach to include an assessment of Fair Housing practices in the City and to “affirmatively further fair housing”. With no official guidance of the interpretation of this law and to the extent of what an “assessment” includes, beyond what is identified in Gov Code Section 65583 et seq. the AFFH the City will utilize its efforts as a HUD grantee jurisdiction to provide much of this data. Kimley-Horn believes this law may require additional guidance from the state to further define how the housing element would satisfy the provisions of this law in the Housing Element policy program. SB 1333 - Makes charter cities (those governed by a city charter document rather than by general law) subject to several planning laws that previously only applied to general law cities. These include laws related to general plan amendment processing, accessory dwelling unit permitting and the preparation of housing elements. Notably, the new law now requires a charter city's zoning ordinances to be consistent with its adopted general plan. As a general law, Huntington Beach will not be affected by this law. 147 A8 City of Huntington Beach | LPPL77011 2020 LEGISLATION CITY OF HUNTINGTON BEACH CONSIDERATIONS AB 1919 - Recognizes that under current prohibitions against "price gouging," landlords cannot raise rents by more than 10 percent within 30 days of a declared disaster, but the prohibition does not apply to rental properties that were not on the market at the time of the emergency. This new law expands the existing crime of price gouging to include new rentals that were not on the market at the time of the emergency within the types of goods and services that are price- controlled in the immediate aftermath of an emergency. The law also makes other related reforms to limit rent increases and evictions following an emergency. While not germane to the Housing Element, this law will still apply to the City of Huntington Beach if events such as fire, flood, or any other type of state declared disaster occur. AB 2913 - Extends the duration of a building permit from six months (180 days) to 12 months, as long as construction has started and has not been abandoned. The law also provides that a permit is subject to the building standards in effect on the date of original issuance, and if the permit does expire, the developer may obtain approval from the local building official for one or more six-month extensions. This law will affect how the city counts “in the pipeline” projects for RHNA purposes and may require procedural modifications in the City’s current entitlement process. SB 330 – Limits a jurisdiction’s ability to change development standards and zoning applicable to the project once a “preliminary application” is submitted. Amends the Permit Streamlining Act to specify what constitutes a “preliminary application” and states that a jurisdiction has one chance to identify incomplete items in an initial application, and after that may not request any new information. Prevents jurisdictions from increasing exactions or fees during a project’s application period, and only allows such increases if the resolution or ordinance establishing the fee calls for automatic increases in the fee over time. Prohibits jurisdictions from conducting more than 5 hearings if a proposed housing project complies with the applicable, objective general plan and zoning standards in effect at the time the application is deemed complete. Prohibits a jurisdiction from enacting development policies, standards or conditions that would change current zoning and general plan designations of land to “lessen the intensity of housing”; from placing a moratorium or similar restrictions on housing development; and from limiting or capping the number of land use approvals or permits. Creates the Housing Accountability Act. This law is intended to streamline the development process by removing potential governmental constraints during through the development process and providing more surety for developers regarding fess and timeline. AB 1763 – Creates enhanced density bonus options, including a potential 80% increase in base density and unlimited density bonuses for qualifying projects within a half-mile of a major transit stop. Applies only to projects that consist of 100% affordable housing (no more than 20% Added density bonus options for projects within the City that consist of 100% affordable housing. 148 A9 City of Huntington Beach | LPPL77011 2020 LEGISLATION CITY OF HUNTINGTON BEACH CONSIDERATIONS moderate-income, and the rest for lower-income). AB 1485 – Clarifies that the calculation to determine if a project qualifies for SB 35 where it consists of two-thirds residential excludes underground space. Clarifies that the 3-year expiration for SB 35 approval in case of litigation expires 3 years after a final judgment upholding the approval and clarifies that the approval also remains valid as long as vertical construction has begun and is in progress. Clarifies that local governments must issue subsequent permits without unreasonable delay, as long as those subsequent permit applications substantially comply with the approved SB 35 permit. Clarifies that a project complies with SB 35’s qualifying criteria as long as “there is substantial evidence that would allow a reasonable person to conclude” that the development qualifies. Clarifies that under existing law, SB 35 projects are entitled to protection under the Housing Accountability Act. Clarifies guidance around the eligibility of projects to qualify for SB 35 and the City’s responsibilities for review of applicable projects. AB 1483 – Requires local agencies to make information available on housing development fees, applicable zoning ordinances and standards, annual fee reports and archived nexus fee studies. Requires cities to clearly post their impact fee schedules and nexus studies. HCD will be required to prepare a 10-year housing data strategy that identifies the data useful to enforce existing housing laws and inform state housing policymaking. New requirements for the City to develop and publish materials relating to the development of housing. Much of this information is publicly available but may need to be revised to meet the requirements of state law. AB 101 – Effective as of July 31, 2019. Requires local governments to provide “by right,” CEQA-exempt approvals to certain qualifying navigation centers that move homeless Californians into permanent housing. Creates additional incentives for cities to comply with their mandates to plan for enough housing under housing element law. Creates steep penalties for cities that refuse to comply with Housing Element law and ties financial incentives to cities that adopt “pro-housing” policies. This bill requires the City to allow by-right development for qualifying developments aimed at transitioning homeless residents into permanent housing. Also increases the penalties for cities not in compliance with State Housing Element law. AB 1560 – Broadens the definition of a “major transit stop” to include bus rapid transit. Provides that projects located within a ½ mile of a qualifying bus rapid transit stop may qualify for parking reductions, CEQA infill housing, aesthetic and parking exemptions, SB 375 streamlining for qualifying transit priority projects and a less than significant VMT impact presumption. Applies to local incentives. The City has several Transit Priority Areas as determined by SCAG on the westside near Harbor Boulevard and in the South Coast Metro area. Projects within these areas may qualify under AB 1560. 149 A1 City of Huntington Beach | LPPL77011 2020 LEGISLATION CITY OF HUNTINGTON BEACH CONSIDERATIONS SB 744 – Streamlines the approval process for supportive housing projects by clarifying that a decision to seek funding through the No Place Like Home program is not a project for the purpose of CEQA. Development streamline approvals. AB 68 - Allows 2 ADUs on a single lot, as well as multiple ADUs on multifamily lots. Requires local agencies to approve or deny an ADU project within 60 days. Restricts local agencies’ ability to adopt certain ordinances that would discourage ADUs. Promotes the development of ADUs and places restrictions on City’s ability to discourage the development of ADUs. AB 881 - Restricting local jurisdictions’ permitting criteria. Clarifies that ADUs must receive streamlined approval if constructed in existing garages. Eliminates local jurisdictions’ ability to require owner-occupancy for 5 years. The City must develop and apply a streamlined approval process for ADUs and eliminates the previous owner-occupancy requirement. SB 13 - Sunsets on January 1, 2025. Creates a tiered fee structure which charges ADUs more fairly based on their size and location. Prohibits local jurisdictions from imposing impact fees on ADUs under 750 square feet. Prohibits conditional approval of an ADU on the applicant being an “owner-applicant.” May require the City to update their ADU development fees. AB 587 - Provides that local jurisdictions may allow ADUs to be sold or conveyed separately from a primary residence if certain conditions are met. Allows affordable housing organizations to sell deed restricted ADUs to eligible low- income homeowners. Allows ADUs to be sold separately from a primary residence if conditions are met. AB 670 - Prevents homeowners’ associations from barring ADUs. Allows reasonable restrictions. This is not under the control of the City but facilitates further development of ADUs. AB 671 - Requires local governments to include in their housing plans to incentivize and promote the creation of affordable ADUs. Requires HCD to develop a list of state grants and financial incentives for ADU development and post it by Dec. 31, 2020. The City will be required to address methods and strategies to promote development of ADUs within the Housing Element document through policies and goals. AB 1255 - Requires cities and counties to report to the state an inventory of its surplus lands in urbanized areas. Requires the state to include this information in a digitized inventory of state surplus land sites. The City will be required to track and report qualifying parcels to the State. We have applied the new statutory requirements stated above and have negotiated with HCD and developed workable solutions since these new laws have been adopted. We feel confident that the City of Huntington Beach will benefit for our recent work and avoid any unnecessary effort during the certification process. 150 A1 City of Huntington Beach | LPPL77011 2020 Requested Modifications to Terms and Conditions Kimley-Horn has reviewed the sample Professional Services Contract and requests the following modifications. 3. TERM; TIME OF PERFORMANCE This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the CONSULTANT does not control. CONSULTANT shall not have liability for any delays, expenses, losses, damages or be deemed in breach which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics (including COVID 19), adverse weather, or acts of the CITY, third parties, or governmental agencies. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel for claims for which Consultant is required to indemnify hereunder. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 151 152 153 154 155 City of Huntington Beach File #:20-1933 MEETING DATE:10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, Assistant City Manager Subject: Adopt Ordinance No. 4219 Adding Chapter 10.49 to the Huntington Beach Municipal Code (HBMC) Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property Approved for introduction 10/5/2020 - Vote: 7-0 Statement of Issue: On September 8, 2020, the City Council approved a Council Member Item Report submitted by Council Member Brenden related to prohibitions on the repair and sale of bicycles and bicycle parts on public property. The item was introduced based on an increase of reported bicycle thefts in Huntington Beach, with many of these bicycles then being dismantled and sold on public property. In order to address the illegal activity and discourage the associated bicycle clutter on public property, it is recommended that the City Council approve for introduction Ordinance No. 4219 Adding Chapter 10.49 relating to a prohibition on the repair and sale of bicycles and bicycle parts on public property . Financial Impact: None. Recommended Action: Adopt Ordinance No. 4219, “An Ordinance of the City of Huntington Beach Adding Chapter 10.49 to the Huntington Beach Municipal Code Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycle Parts on Public Property.” Alternative Action(s): Do not approve and direct staff accordingly. Analysis: There has been an increase in the number of stolen bicycles in the City. Many of these stolen bicycles are then dismantled and sold on public property. These types of illegal activity, commonly called “bike chop shops,” have been difficult to prevent with the current enforcement tools the City City of Huntington Beach Printed on 10/14/2020Page 1 of 2 powered by Legistar™156 File #:20-1933 MEETING DATE:10/19/2020 has available. On September 8, 2020, the City Council directed that staff draft regulations that that would prohibit the disassembly, sale, and distribution of bicycles and bicycles parts on public property. If approved, these new rules would be enforced when the following circumstances occur on any street, sidewalk, alley, or public property within the city: 1. Three (3) or more bicycles 2. A bicycle frame with the gear cables or brakes able cut 3. Two (2) or more bicycles with missing parts 4. Five (5) or more bicycle parts. Of note, the prohibition would not apply in situations when individuals are operating with a valid City License or Permit that authorizes such activities, or when the owner of the bicycle or bicycle part is present. Environmental Status: Adoption of the ordinance is exempt pursuant to CEQA Guidelines Section 15061(b)(3) Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Ordinance No. 4219 Adding Chapter 10.49 to the HBMC Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property 2. Legislative Draft - Ordinance No. 4219 Adding Chapter 10.49 Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on Public Property City of Huntington Beach Printed on 10/14/2020Page 2 of 2 powered by Legistar™157 158 159 160 City of Huntington Beach File #:20-1950 MEETING DATE:10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Public Hearing to consider acceptance of the Fiscal Year 2019-2020 Consolidated Annual Performance & Evaluation Report (CAPER) Statement of Issue: The U.S. Department of Housing and Urban Development (HUD) requires the City to conduct a Public Hearing to approve the Fiscal Year (FY) 2019-2020 Consolidated Annual Performance & Evaluation Report (CAPER) in accordance with Federal regulation 24 CFR 570.486(a)(5). Financial Impact: There is no fiscal impact to receive and file this document. Recommended Action: A) Conduct the Public Hearing to hear comments and approve the FY 2019-2020 Consolidated Annual Performance and Evaluation Report for CDBG and HOME Federal funds; and , B) Authorize the City Manager to transmit this report to the United States Department of Housing and Urban Development (HUD) by October 23, 2020. Alternative Action(s): Do not approve and file the report and direct staff accordingly. Analysis: BACKGROUND/DISCUSSION Annually, the City is required to submit to HUD its CAPER, which reports on program performance and accomplishments for the use of CDBG and HOME entitlement funds. The City is required to conduct a public hearing to adopt the CAPER. The purpose of the CAPER is threefold: 1. It provides HUD with necessary information for it to meet its statutory requirement to assess each grantee's ability to carry out relevant City programs in compliance with all applicable City of Huntington Beach Printed on 10/14/2020Page 1 of 3 powered by Legistar™161 File #:20-1950 MEETING DATE:10/19/2020 rules and regulations; 2. It provides information necessary for HUD's Annual Report to Congress, also statutorily mandated; and, 3. It provides the City an opportunity to describe its successes in revitalizing deteriorated neighborhoods and meeting objectives stipulated in the Consolidated Plan. To those ends, the attached CAPER has been prepared in accordance with Federal guidelines. The CAPER highlights the City's achievements during the implementation year of the HUD-funded Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) Programs covering July 1, 2019,through June 30, 2020. Additionally, the CAPER reports the progress the City made in carrying out its strategic plan as part of the Five-Year Consolidated Plan and its Annual Action Plan. Every five years, the City prepares a Consolidated Plan describing the proposed use of CDBG, HOME, and other applicable Federal program funds. The Council-adopted Consolidated Plan covering 2015-2020 identifies the City's overall vision and strategy for addressing housing and non- housing community development needs in Huntington Beach. As a means to achieve the strategic goals outlined by the Consolidated Plan, the City prepares an Annual Action Plan that describes projects, programs, and activities that will address the priority needs of low- and moderate-income households through community development, economic development, housing, and public services during the specified year. Public Service Accomplishments (CDBG) HUD allows up to 15 percent of CDBG funds to be used for public service programs, but in response to COVID-19 and CARES Act funding, HUD waived this restriction and allowed for a total of $441,789 for this funding during FY 2019-20. Public service programs are administered by City departments and social service agencies that assist youth, homeless, elderly, and disabled individuals. For FY 2019-2020, public service program accomplishments included the following: ·Provided literacy services to 153 low-income adults to improve their ability to understand, speak, read, and write English ·Assisted 264 children and families with after-school drop-in recreation services focused on child development, parent education, and mental health ·Provided services to 401 at-risk older adults including care management, home delivered meals, and transportation ·Provided homeless services to 408 people; 365 as part of the homeless outreach program and 43 as part of StandUp for Kids street outreach program. Capital Improvement Accomplishments (CDBG and RLF) City of Huntington Beach Printed on 10/14/2020Page 2 of 3 powered by Legistar™162 File #:20-1950 MEETING DATE:10/19/2020 For FY 2019-20, the City Council allocated $557,297 to capital projects, of which $228,102 were derived from Revolving Loan Funds. These funds helped accomplish the completion of the ADA Curb Cuts in Maintenance Zone 9. Other capital accomplishments include the completion of the Central Library ADA Restroom Renovation Project in the amount of $176,000, which was approved in FY 2018-19, and the Youth Shelter Roof, Structural, and ADA Improvement Project, which was awarded $300,000 in FY 2017-18. Tenant-Based Rental Assistance (HOME) The City continues to have success in providing short and medium-term rental assistance targeting the homeless, those at risk of homelessness, veterans, and victims of domestic violence. Using HOME funds, the City allocated $761,078 in funds for FY 2019-20 and was able to assist 96 households working with three operators to run the program. It is recommended that after conducting the public hearing, the Mayor and City Council accept the Consolidated Annual Performance and Evaluation Report, inclusive of public comments, and authorize the City Manager to execute all required documents for transmittal to HUD by October 23, 2020. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(4), government fiscal activities that do not result in a physical change in the environment and do not commit the lead agency to any specific project, do not constitute a project. Therefore, these activities are exempt in accordance with CEQA Guidelines Section 15060(c)(3). Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Consolidated Annual Performance & Evaluation Report (CAPER) FY 2019-20 City of Huntington Beach Printed on 10/14/2020Page 3 of 3 powered by Legistar™163 Action Plan CITY OF HUNTINGTON BEACH CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) JULY 1, 2019 – JUNE 30, 2020 PUBLIC REVIEW DRAFT (October 1, 2020 – October 19, 2020) CITY OF HUNTINGTON BEACH OFFICE OF BUSINESS DEVELOPMENT 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 164 CITY OF HUNTINGTON BEACH 2019/20 CAPER TABLE OF CONTENTS SECTION PAGE Introduction ........................................................................................................................... 1 CR-05: Goals and Outcomes .................................................................................................... 4 CR-10: Racial and Ethnic Composition of Families Assisted .................................................. 14 CR-15: Resources and Investments …………….……. …..…… ....................................................... 15 CR-20: Affordable Housing ..................................................................................................... 20 CR-25: Homeless and Other Special Needs ........................................................................... 23 CR-30: Public Housing ............................................................................................................ 27 CR-35: Other Actions .............................................................................................................. 28 CR-40: Monitoring .................................................................................................................. 35 CR-45: CDBG ........................................................................................................................... 37 CR-50: HOME .......................................................................................................................... 39 165 CAPER 1 OMB Control No: 2506-0117 (exp. 07/31/2015) Introduction The City of Huntington Beach’s (City) FY 201 9/20 Consolidated Annual Performance Evaluation Report (CAPER) is the fifth and final year-end performance evaluation under the 2015/16- 2019/20 Consolidated Plan. The CAPER discusses affordable housing outcomes, homelessness and special needs activities, non-housing community development activities, and other actions in furtherance of the City’s Annual Action Plan Programs and Projects for Fiscal Year (FY) 2019/20. This document will be formatted using HUD’s CAPER template, which will be submitted online by way of the Integrated Disbursement and Information System (IDIS). The City receives Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds each year from the federal government to support housing and community development activities that principally benefit low and moderate-income households. To receive these federal funds, the City must adopt a five-year strategic plan that identifies local needs, and how these needs will be prioritized and addressed using these federal funds. In August 2015, the Huntington Beach City Council adopted a five-year (FY 2015/16– 2019/20) Consolidated Plan. Huntington Beach’s Consolidated Plan builds upon several other related planning documents, including: the 2010/2011-2014/2015 Consolidated Plan; the City’s 2014-2021 Housing Element; 2015 Analysis of Impediments to Fair Housing Choice; 2013 Orange County Homeless Count and Survey Report; and the 2014 Orange County Continuum of Care . Strategic Plan Summary The City’s Consolidated Plan strategy includes general priorities to meet the needs of the community and the City’s rationale for investment of federal funds. In order to address the needs, the City identified five priorities having the greatest need in the community. The five priority areas include: 1.Homeless Assistance 2.Decent Housing 3.Public Facilities and Infrastructure 4.Economic Development 5.Planning for Housing and Community Development The five priorities were formed based on the national objectives and outcomes supported by HUD as described below. 166 CAPER 2 OMB Control No: 2506-0117 (exp. 07/31/2015) • Provide decent affordable housing. The activities that typically would be found under this objective are designed to cover a wide range of housing possibilities under HOME and CDBG. • Creating a suitable living environment. In general, this objective relates to activities t hat are designed to benefit communities, families, or individuals by addressing issues in their living environment. • Creating economic opportunities. This objective applies to the types of activities related to economic development, commercial revitalization, or job creation. National Objective Outcomes The outcomes reflect what the grantee (the City) seeks to achieve by the funded activity. The City of Huntington Beach associates the national objectives to these outcomes: • Availability/Accessibility; • Affordability; and • Sustainability. The City’s strategy to meet HUD’s national objectives and outcomes are described in Table 1 below. Huntington Beach 2015/16 – 2019/20 Consolidated Plan Programs By HUD Objectives and Outcomes OBJECTIVE/ OUTCOMES AVAILABILITY/ ACCESSIBILITY AFFORDABILITY SUSTAINABILITY DECENT HOUSING Implementing Programs: • Housing Rehabilitation Loan Program • Housing Rehabilitation Administration • Fair Housing Program Implementing Programs: • HOME Acquisition/Rehabilitation • HOME New Construction • HOME Tenant Based Rental Assistance SUITABLE LIVING ENVIRONMENT Implementing Programs: • ADA Improvements • Homeless Services • Youth and Family Services • Senior Services • General Public Services Implementing Programs: • Special Code Enforcement • Public Facility Improvements • Infrastructure Improvements ECONOMIC OPPORTUNITY Implementing Programs: • Section 108 Loan Repayment Table 1 - 2015/16 – 2019/20 Consolidated Plan Programs 167 CAPER 3 OMB Control No: 2506-0117 (exp. 07/31/2015) Summary For fiscal year 2019/20, the City of Huntington Beach had a total of $3,179,267 in CDBG funds. This total amount was comprised of $1,147,593 in Fiscal 2019/20 CDBG entitlement funds, $199,910 in program income, $223,000 in a return to the local account, and $1,608,764 in prior year unallocated CDBG funds carried forward. CDBG funds were used for public services, public facility and infrastructure improvements, code enforcement, CDBG administration, residential rehabilitation loan administration, and fair housing services. The City of Huntington Beach also had available $3,812,150 in HOME Program funds comprised of a FY 2019/20 allocation of $563,796, receipted program income of $2,342,573, and a carryover balance of $905,781. The City used HOME funds for administration of the HOME program, and three tenant based rental assistance programs. Lastly, the City had $328,102 in Revolving Loan Funds (RLF) in FY 2019/20 that was used to implement the City’s two owner-occupied single-family rehabilitation programs as well a public infrastructure project. However, during the fiscal year, by substantial amendment to the City’s Annual Action Plan, the City cancelled the Revolving Loan Fund and reclassified the RLF balance as program income. In this way, the City of Huntington Beach has more flexibility in utilizing the funds on any priority need outlined in the Consolidated Plan. Based on the limited amount of federal and non-federal resources available for housing and community development projects and programs, the City addressed the needs having a high priority level in FY 2019/20. 168 CAPER 4 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. Table 2 below illustrates the City’s FY 2019/20 Annual Action Plan outcomes (based on defined units of measure) as it compares to the five-year Consolidated Plan aggregate (2015/16 – 2019/20). Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Planning for Housing and Community Development Administration CDBG: $229,518 HOME: $390,949 Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. 169 CAPER 5 OMB Control No: 2506-0117 (exp. 07/31/2015) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Preserve Existing & Create New Affordable Housing Affordable Housing CDBG: $56,740 CDBG RLF: $100,000 Homeowner Housing Rehabilitated Household Housing Unit 75 Housing Units (Housing Rehab Loan Program & Housing Rehab Loan Admin: 75 housing units) 41 Housing Units (Housing Rehab Loan Program & Housing Rehab Loan Admin: 32 housing units; Owner- Occupied SF, Condo, and Mobile Home Grant Program: 9 housing units) 54.67% 7 Housing Units (Owner- Occupied SF, Condo, and Mobile Home Grant Program: 6 housing units; Owner- Occupied SF Rehab Loan Program: 1 housing unit) 2 Housing Units (Owner- Occupied SF, Condo, and Mobile Home Grant Program: 1 housing units; Owner- Occupied SF Rehab Loan Program: 1 housing unit) 28.5% Preserve Existing & Create New Affordable Housing Affordable Housing HOME: $0 Rental Housing Rehabilitated Household Housing Unit 8 Housing Units (Acquisition / Rehab: 8 housing units) 13 Housing Units (OCCHC Affordable Housing Project: 9 housing units; 7792 Barton Street Project; 4 housing units) 162.50% 0 Housing Unit (No affordable housing projects funded in FY 2019/20) 0 Housing Units (No affordable housing projects funded in FY 2019/20) 00.00% 170 CAPER 6 OMB Control No: 2506-0117 (exp. 07/31/2015) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Preserve Existing & Create New Affordable Housing Affordable Housing HOME: $761,078 Tenant-Based Rental Assistance / Rapid Rehousing Households Assisted 50 Households (Interval House Tenant Based Rental Housing: 50 households) 246 Households (Interval House Tenant Based Rental Housing: 139 households; Families Forward Tenant Based Rental Housing: 28 households; Mercy House Tenant Based Rental Assistance Program: 79 households) 492.00% 61 Households (Interval House Tenant Based Rental Housing: 22 households; Families Forward Tenant Based Rental Housing: 15 households; Mercy House Tenant Based Rental Assistance Program: 24 households) 96 Households (Interval House Tenant Based Rental Housing: 58 households; Families Forward Tenant Based Rental Housing: 10 households; Mercy House Tenant Based Rental Assistance Program: 28 households) 157.38% Preserve Existing Public Facilities Non-Housing Community Development CDBG RLF: $0 CDBG: $0 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 400 Persons (Oak View Family Resource Center Class and Counseling 45,589 Persons (Oak View Family Resource Center Class and Counseling Space: 328 persons; ADA 11,397% 0 Persons (No Projects Funded in FY 2019/20) 14,681 Persons (Central Library ADA Restrooms Renovation Project: 14,180 persons; RLF Youth +100% 171 CAPER 7 OMB Control No: 2506-0117 (exp. 07/31/2015) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Space: 400 persons) Renovations Citywide: 5,931 persons; ADA Improve- ments Main St. Library: 424 persons; Police Dept. Limited ADA Improve- ments: 24,225 persons; Central Library ADA Restrooms Reno Project: 14,180 persons; RLF Youth Shelter roof, Structural, & ADA Improve- ments: 501 persons) Shelter, Roof, Structural & ADA Improve- ments: 501 persons) 172 CAPER 8 OMB Control No: 2506-0117 (exp. 07/31/2015) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Provide Economic Opportunity Non-Housing Community Development CDBG: $0 CDBG RLF: $0 Businesses Assisted Businesses Assisted 25 Businesses (No Projects Identified) 0 Businesses (No Economic Development Projects Funded to Date) 00.00% 0 Businesses (No Projects Funded in FY 2019/20) 0 Businesses (No Projects Funded in FY 2019/20) 00.00% Provide Economic Opportunity Non-Housing Community Development CDBG: $0 Other Other Not applicable. (Section 108 Loan Repayment) Not applicable. (Section 108 Loan Repayment) - Not applicable. (No Projects Funded in FY 2019/20) Not applicable. (No Projects Funded in FY 2019/20) - Provide Needed Community Services to LMI Persons Non-Housing Community Development CDBG: $75,000 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 5,305 Persons (Oak View Literacy Program: 805 persons; Children’s Bureau: 2,000 persons; Fair Housing Foundation: 2,500) 3,520 Persons (Oak View Literacy Program: 935 persons; Children’s Bureau: 1,493 persons; Fair Housing Foundation: 901 persons; OCCHC SteppingUP: 191 persons) 66.35% 440 Persons (Oak View Literacy Program: 190 persons; Children’s Bureau: 250 persons) 417 Persons (Oak View Literacy Program: 153 persons; Children’s Bureau: 264 persons) 94.77% 173 CAPER 9 OMB Control No: 2506-0117 (exp. 07/31/2015) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Provide Needed Infrastructure Improvements Non-Housing Community Development CDBG: $329,195 CDBG RLF: $228,102 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 1,224 Persons (ADA Curb Cuts Maintenance Zone 12 : 1,224 Persons) 33,557 Persons (ADA Curb Cuts Maintenance Zone 12 : 1,224 persons ; ADA Curb Cuts Maintenance Zone 10 : 2,515 persons; ADA Curb Cuts in Maintenance Zone 1 : 1,825 Persons ; 2017 RLF Curb Cuts in Maintenance Zones Citywide : 24,225 persons ; ADA Curb Cuts in Maintenance Zone 9 : 2,741.58% 3,768 Persons (ADA Curb Cuts in Maintenance Zone 9 : 3,768 persons) 3,768 Persons (ADA Curb Cuts in Maintenance Zone 9 : 3,768 persons) 100% 174 CAPER 10 OMB Control No: 2506-0117 (exp. 07/31/2015) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete 3,768 persons) Support Agencies that Assist Homeless Populations Homeless Non-Housing Community Development CDBG: $90,289 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 950 Persons (Homeless Outreach Program: 750 persons; Project Self Sufficiency: 200 persons) 1,443Persons (Homeless Outreach Program: 1,303 persons; Project Self Sufficiency: 66 persons; StandUP for Kids Street Outreach: 74 persons) 151.89% 355 Persons (Homeless Outreach Program: 250 persons; StandUP for Kids Street Outreach: 105 persons) 408 Persons (Homeless Outreach Program: 365 persons; StandUP for Kids Street Outreach: 43 persons) 114.93% Support Agencies that Assist Special Needs Persons Non- Homeless Special Needs CDBG: $55,000 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 4,500 Persons (Senior Services Care Management Program: 2,000 persons; Congregate Meals: 2,500 persons) 2,789 Persons (Senior Services Care Management Program: 2,002 persons; Congregate Meals: 787 persons) 61.98% 375 Persons (Senior Services Care Management Program: 375 persons) 401 Persons (Senior Services Care Management Program: 401 persons) 106.93% 175 CAPER 11 OMB Control No: 2506-0117 (exp. 07/31/2015) Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Sustain and Strengthen Neighborhoods Non-Housing Community Development CDBG: $191,500 Housing Code Enforcement / Foreclosed Property Care Household Housing Unit 3,000 Housing Units (Special Code Enforcement: 3,000 housing units) 4,867 Housing Units (Special Code Enforcement: 4,867 housing units) 162.23% 600 Housing Units (Special Code Enforcement: 600 housing units) 1,346 Housing Units (Special Code Enforcement: 1,346 housing units) 224.33% Table 2 - Accomplishments – Program Year & Strategic Plan to Date 176 CAPER 12 OMB Control No: 2506-0117 (exp. 07/31/2015) Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priorit y activities identified. Consistent with the City’s Priority Needs outlined in the Consolidated Plan, the City allo cates the largest share of its CDBG funding to non-housing community development activities (public facilities, infrastructure, and public services), preceded by the community’s housing needs and program administration funded by both CDBG and HOME. The Consolidated Plan’s five-year priorities for assistance with CDBG and HOME funds takes into consideration several factors such as: 1) those households most in need of housing and community development assistance, as determined through the Consolidated Plan needs assessment, consultation, and public participation process; 2) which activities will best meet the needs of those identified households; and 3) the extent of other non-federal resources that can be utilized to leverage/match CDBG and HOME funds to address these needs. Overall, the approved projects and programs in the FY 2019/20 Annual Action Plan assisted as many participants as possible with limited resources available. The City originally contributed the maximum allowable for CDBG Public Services (15 percent of the annual allocation); however the City was allowed to exceed the statutory 15 percent maximum as part of the CARES Act that was signed into law on March 27, 2020 as a means to help cities across the nation to respond to the Novel Coronavirus pandemic. By substantial amendment, the City provided additional public service funds to the Senior Services Care Management Program in the amount of $15,000 to help offset costs associated with increasing the number of senior meals provided to elderly residents of Huntington Beach. The City also provided an additional $25,000 to the Children’s Bureau After School Program as the agency began providing all-day care for distant learners as schools closed down due to the COVID-19 pandemic. Finally, the City Council authorized a new public service, the Cameron Lane Navigation Center Operations, which will utilize both CDBG program income ($772,181) and CARES Act funds ($727,819) to cover the costs of operating an emergency homeless shelter during the COVID-19 pandemic. It is likely that this project will not get funded until FY 2020/21. The City exceeded their public services goals by a cumulative 5% in the areas of youth services, homeless services, family services, and senior services. The City also exceeded its code enforcement goal of inspecting 600 housing units for local health and safety compliance by over 224%. In the area of affordable housing – another major priority in the Huntington Beach Consolidated Plan – the City utilizes three programs to meet the affordable housing needs of Huntington Beach residents: homeowner rehabilitation, acquisition/rehabilitation/new construction projects, and tenant based rental housing. In FY 2019/20, the City underperformed in the 177 CAPER 13 OMB Control No: 2506-0117 (exp. 07/31/2015) homeowner rehabilitation programs. The City’s goal was to fund and complete seven rehabilitation projects over the course of the year but was only able to complete two. Five additional projects are currently underway, completion being stalled due to the COVID-19 pandemic and stay at home order during the third and fourth quarters of the program year. These projects will be counted in the FY 2020/21 CAPER. The City also had a goal to rehabilitate seven affordable rental housing units via a partnership with a local CHDO, American Family Housing, the County of Orange, and the City of Westminster; however, the project was cancelled by substantial amendment in June 2020. While no new units were produced this fiscal year, it is important to note that the City has already exceeded its 5-year Consolidated Plan goal to produce eight units of affordable rental housing. To date, the City has created 13 new affordable rental housing units in Huntington Beach. In FY 2016/17, it completed nine units at 313 11th Street and in FY 2017/18, it completed another four units at 7792 Barton Drive, both in partnership with the Orange County Community Housing Corporation, Inc. The third program the City funds to meet the affordable housing needs of Huntington Beach residents is tenant based rental assistance programs. In FY 201 9/20, the City funded three separate programs with a cumulative goal to provide rental assistance to 61 low and moderate- income households. The City exceeded its goal with 96 households assisted, many of which were assisted at the end of the program year as many of Huntington Beach’s residents experienced a loss of income due to the Coronavirus. In FY 2019/20, the City allocated approximately $558,000 in CDBG and Revolving Loan Funds to the ADA Curb Cuts in Maintenance Zone 9 project. The project was completed on schedule and provides 3,768 disabled persons with improved access to streets in the area encompassing Maintenance Zone 9. The City also completed two prior year public facility projects – the Central Library ADA Restroom Renovation Project, and the RLF Youth Shelter Roof, Structural, and ADA Improvement Project. Together, 14,681 persons benefit from improved access to these widely used facilities in Huntington Beach. As a reminder, results will vary from year to year depending on when they are funded and when they are completed. Generally, affordable housing, public facility, and public infrastructure projects span multiple years. The accomplishments for projects and programs that have been funded in FY 2019/20 or sooner and are currently underway will be included in the CAPER once the national objective has been met at project completion. 178 CAPER 14 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME TOTAL White 15,766 79 15,845 Black or African American 250 8 258 Asian 2,198 8 2,206 American Indian or American Native 156 0 156 Native Hawaiian or Other Pacific Islander 88 0 88 American Indian or American Native and White 2 0 2 Asian and White 7 0 7 Black or African American and White 2 1 3 American Indian or American Native and Black 0 0 0 Other Multi Racial 1,208 0 1,208 TOTAL 19,677 96 19,773 Hispanic 3,058 35 3,093 Not Hispanic 16,619 61 16,680 Table 3 - Table of assistance to racial and ethnic populations by source of funds Narrative For program year 2019/20, the majority of the CDBG allocation was invested in Community Development and non-Community Development activities, such as infrastructure and public facilities, public services, code enforcement, administration, and affordable housing. HOME funds were invested in tenant-based rental assistance for homeless persons, victims of domestic violence, and for households affected by COVID-19. As a result, approximately 11 percent of Asians and just over 15 percent of Hispanics participating in CDBG funded activities or services received some type of assistance. In the HOME-funded tenant based rental assistance programs, eight percent assisted were black or African American, eight percent were Asian, and 36 percent were Hispanic. Also noteworthy is the City’s commitment to benefit disabled persons in Huntington Beach as evident with its investment in ADA projects. Of the total persons assisted in FY 2019/20, approximately 18,500 were disabled per U.S. Census Data. 179 CAPER 15 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG HUD $3,179,267 $1,649,875 HOME HUD $3,812,150 $211,837 Other CDBG Revolving Loan Fund $328,102 $304,527 Table 4 - Resources Made Available Narrative During FY 2019/20, the City had over $7.3 million in Federal and Revolving Loan Funds to address the goals and objectives of the FY 2019/20 Annual Action Plan. Specifically, the CDBG entitlement amount for FY 2019/20 was $1,147,593. Prior year unspent funds were $1,608,764, program income receipted was $199,910, and the City has a return to the local account in the amount of $223,000 resulting in a total of $3,179,267 in CDBG. HOME funding for FY 2019/20 was $563,796 in entitlement funds, $2,342,573 in receipted program income, and $905,781 in unspent prior year funds. Lastly, the City had $328,102 in their CDBG Revolving Loan Fund that it used to fund two owner-occupied rehabilitation programs and one public infrastructure project. (Note, ‘Resources Made Available’ may differ from what is shown in the FY 2019/20 Annual Action Plan as the Action Plan is prepared prior to the end of the 2019/20 program year. Any unspent funds from 2018/19 were later made available in FY 2019/20 which may not have been included in the FY 2019/20 Action Plan.) Expenditures during the 2019/20 program year totaled $1,861,712 from federal resources and $304,527 from the Revolving Loan Fund which addressed the needs of extremely, low, and moderate-income persons. CDBG expenditures included projects and programs approved in FY 2019/20 and from prior years. A total of $211,837 in HOME expenditures was expended on HOME Administration and tenant based rental assistance. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 96% 91% Citywide Code Enforcement Designated Areas 5% 9% Code Enforcement Designated Areas Low- and Moderate- Income Areas 0% 0% Low- and Moderate- Income Areas Table 5 – Identify the geographic distribution and location of investments 180 CAPER 16 OMB Control No: 2506-0117 (exp. 07/31/2015) Narrative The City utilizes CDBG and HOME funds for projects and programs operated citywide. However, the majority of CDBG-funded infrastructure and facility projects are targeted to the most-needy neighborhoods: those census tracts where 47.83% or more of the residents are low - or moderate- income, or to special needs populations in the community. Specifically, for Special Code Enforcement activities, the City has identif ied deteriorated areas based on observed violations of the Uniform Housing Code. This effort was undertaken to determine geographical areas meeting the U.S. Department of Housing and Urban Development (HUD) guidelines to utilize Community Development Block Grant (CDBG) funding for special code enforcement and preservation activities in deteriorating areas. From this survey, staff identified four geographical areas that met the criteria for a deteriorating area, as well as meeting the CDBG national objective of serving low- and moderate-income households: • Bolsa Chica – Heil • East – Central • South – Central • Southeast These four areas of concentrated deteriorated housing have been designated as Special CDBG Code Enforcement areas and have become the focus of increased code enforcement and neighborhood preservation efforts to improve the quality of life and condition of housing. 181 CAPER 17 OMB Control No: 2506-0117 (exp. 07/31/2015) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The City is required to provide a 25 percent match for HOME funds drawn down on all HOME activities, sans those funded with program income or administrative funds. The City leverages resources among the formula grant programs. Historically, the City has met the HOME match by layering former redevelopment tax increment with HOME-assisted affordable housing acquisition and rehabilitation. As a result of past leveraging contributions toward affordable housing activities, the City has a surplus of match credits. The match carry-over surplus from prior years was $2,794,026. The City’s HOME match liability for FY 2019/20 was $52,138. The match requirement will be met by utilizing the excess match surplus of $2,794,026. The excess match carried over to the next fiscal year is $2,741,888. Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year $2,794,026 2. Match contributed during current Federal fiscal year $0 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $2,794,026 4. Match liability for current Federal fiscal year $52,138 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $2,741,888 Table 6 – Fiscal Year Summary - HOME Match Report 182 CAPER 18 OMB Control No: 2506-0117 (exp. 07/31/2015) Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non- Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match $0 Table 7 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at beginning of reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ $33,831.44 $2,342,573 $367,174.04 $367,174.04 $2,009,230.40 Table 8 – Program Income Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Number 0 Dollar Amount $0 Sub-Contracts Number 0 Dollar Amount $0 Total Women Business Enterprises Male Contracts Number 0 Dollar Amount $0 Sub-Contracts Number 0 Dollar Amount $0 Table 9 – Minority Business and Women Business Enterprises 183 CAPER 19 OMB Control No: 2506-0117 (exp. 07/31/2015) Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 Dollar Amount $0 Table 10 – Minority Owners of Rental Property Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Number Cost Parcels Acquired 0 $0 Businesses Displaced Nonprofit Organizations Displaced Households Temporarily Relocated, not Displaced Households Displaced Total Minority Property Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 Cost $0 Table 11 – Relocation and Real Property Acquisition 184 CAPER 20 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate- income, and middle-income persons served. One-Year Goal Actual Number of homeless households to be provided affordable housing units 68 44 Number of non-homeless households to be provided affordable housing units 0 8 Number of special-needs households to be provided affordable housing units 0 0 Total 68 52 Table 12 – Number of Households One-Year Goal Actual Number of households supported through rental assistance 61 44 Number of households supported through the production of new units 0 0 Number of households supported through the rehab of existing units 7 8 Number of households supported through the acquisition of existing units 0 0 Total 68 52 Table 13 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City’s one-year goals as outlined in the FY 2019/20 Annual Action Plan were based on plans to utilize the 2019/20 HOME allocation plus prior year uncommitted HOME funds. Affordable housing goals included assisting 61 households with rental assistance through three Tenant Based Rental Assistance Programs that focus on homeless persons and families including those with special needs (seniors, veterans, and victims of domestic violence). Interval House had a goal of assisting 22 households but surpassed its goal with assisting 58 households. Families Forward proposed to assist 15 households, but only accomplished 66% of that goal with 10 households. Finally, Mercy House proposed to assist 24 households but provided rental assistance to 28. Overall, the City met 158 percent of its tenant based rental assistance goal, 185 CAPER 21 OMB Control No: 2506-0117 (exp. 07/31/2015) due in large part to assistance provided to households affected by the COVID -19 pandemic during the last quarter of FY 2019/20. Additionally, the City proposed to assist seven eligible households with home improvements through the City’s Housing Rehab Loan and Grant Programs but was only able to complete two projects by June 30, 2020. Five additional projects were funded during the fiscal year, however with the onset of the COVID-19 pandemic, the projects were put on hold. Construction has resumed on all five projects with completion expected in FY 2020/21. While the City did not propose any projects to develop affordable rental housing in FY 2019/20, it is worth noting that the City has already exceeded its 5-year Consolidated Plan goal to produce eight units of affordable rental housing. To date, the City h as created 13 new affordable rental housing units in Huntington Beach. In FY 2016/17, it completed nine units at 313 11 th Street and in FY 2017/18, it completed another four units at 7792 Barton Drive, both in partnership with the Orange County Community Housing Corporation, Inc. Discuss how these outcomes will impact future annual action plans. By the end of the fifth and final year of the 5-Year Consolidated Plan timeframe, the City has already exceeded both its development of affordable rental housing and tenant based rental assistance goals. However, these two programs continue to be a priority for City staff. In fact, in the new Consolidated Plan cycle that covers FY 2020/21 through FY 2024/25, the City has proposed to invest over $5.8 million to continue support for these programs. CDBG and CDBG Revolving Loan Funds also support the City’s affordable housing goals. During the past five years of this Consolidated Plan timeframe, the City has used CDBG Revolving Loan Funds to support two owner-occupied housing rehabilitation programs. The grant program offers a maximum of $10,000 to help homeowners pay for deferred maintenance and health and safety- related household repairs. Deferred maintenance can include paint, siding replacement, window and door replacement, roof repair, or removal of any condition of blight. Household repairs may include restoration or replacement of inoperable or severely d eteriorated plumbing, heating, and electrical systems, structural and appliance replacement. The City’s loan program, on the other hand, offers assistance of up to $75,000 for substantial rehabilitation. Together, the City’s goal was to assist 75 homeowners with home repairs and improvements over the five-year Consolidated Plan period. By the end of the Consolidated Plan period, 41 grants/loans were completed, or 55% of its goal. Even so, the City still found these programs to be a priority need in the 2020-2024 Consolidated Plan and will therefore continue to fund the programs in the upcoming year. 186 CAPER 22 OMB Control No: 2506-0117 (exp. 07/31/2015) Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Persons Served CDBG Actual HOME Actual Extremely Low-income 0 86 Low-income 1 8 Moderate-income 1 2 Total 2 96 Table 14 – Number of Persons Served 187 CAPER 23 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Beginning in 2015, the City assigned a full-time officer dedicated to homeless issues and has continued to allocate resources as the number of homeless continues to grow . The City's efforts have grown to include a Homeless Task Force (with two full-time officers, 1 program coordinator and up to 4 case managers) and a plan to create a Navigation Center to provide shelter for eligible homeless individuals with ties to Huntington Beach. This multi-pronged approach is accomplished in a variety of ways such as weekly outreach to engage homeless individuals and determine their needs, reuniting individuals with family members, working within the County's Coordinated Entry System to match individuals and families with housing opportunities, assisting in eviction prevention, maintaining walk-in office hours at the South Police Substation, as well as working cooperatively with local schools to assist children who are homeless or housing insecure. Since 2015, officers and case managers have helped hundreds of individuals transition off the streets (with many being reunified with family). The Office of Business Development and the Police Department were granted $81,505 in CDBG public service funds in FY 2019/20 to fund a part-time Homeless Coordinator position and three part-time Homeless Case Manager to serve as the City's point persons for homeless issues. The Homeless Coordinator acts as liaison with non-profit organizations and for-profit groups such as mental health centers, hospitals, churches, shelters, addiction centers and rehabilitation programs. The Coordinator and Case Manager also assisted the Police Department in locating shelter beds for the homeless and rehabilitation (detox) beds for those in need of assistance. In addition, these positions help coordinate City services regarding homeless encampments, public information, and most recently the preparation, prevention, and response to COVID-19. As a result, 365 unduplicated homeless individuals were assisted in FY 2019/20. Also funded FY 2019/20 was a street outreach program aimed specifically to reach out and assess homeless youth residing on the streets of Huntington Beach . The StandUP for Kids Street Outreach Program is a county-wide program where volunteer staff scout Orange County streets searching for youth who are currently unsheltered or unstably housed. StandUp for Kids serves teens and youth (ages 12 - 24) who are homeless, at-risk, aging-out of foster care, or runaways to equip them with the tools they need to transition from life on the street to a life of stability and opportunity. The Street Outreach program provided basic services (food, clothing, hygiene items, and survival kits) as well as medical assistance and compassionate mentoring. Each city 188 CAPER 24 OMB Control No: 2506-0117 (exp. 07/31/2015) program is supported by a Program Director who is responsible for making connections with key contacts in the city, supervising all weekly city visits, organizing and training all volunteers, and maintaining records of clients served. In FY 2019/20, 43 youth were assisted through this program. Finally, the City provided $761,078 in HOME funds to three subrecipients, Interval House, Mercy House, and Families Forward to implement tenant based rental assistance programs in FY 2019/20. The programs are aimed at homeless, seniors, and veteran populations. The needs of the participants were assessed, and resources were provided to meet their needs, particularly as it relates to housing. In the program year, 96 households were assisted, most of which were homeless or would be homeless if it were not for the tenant based rental assistance programs. Addressing the emergency shelter and transitional housing needs of homeless persons The City has and will continue to address the emergency shelter and transitional housing needs of homeless and homeless families through support of homeless programs such as the Huntington Beach Youth Emergency Shelter; Interval House; Mercy House; Beach Cities Interfaith Services; and Collette's Children's Home transitional housing for battered/homeless mothers with children; American Family Housing transitional housing and supportive housing rental assistance; and Project Self-Sufficiency transitional housing for single parent families. Through the City's participation in the Huntington Beach Homeless Collaborative, the City will also support the provision of emergency housing and services by the local faith-based community. In FY 2019/20, the City partnered with Interval House, Mercy House, and Families Forward to provide tenant based rental assistance to the homeless and those at risk of homelessness . The City had a goal of providing TBRA to 61 homeless, senior, and veteran households, and ultimately provided support to 96 households, a success rate of 158 percent. By substantial amendment to the FY 2019/20 Annual Action Plan in June 2020, the City allotted a total of $1.5 million in CDBG and CDBG-CV (CARES Act) funds to the Cameron Lane Navigation Center Operations Program. The Navigation Center, to be located at 17631 Cameron Lane, is currently in the development stages, and once built, will be available to house homeless persons throughout the COVID-19 pandemic. Federal funds will offset the cost of operations such as staffing, utilities, maintenance, and wrap around homeless services that will be necessary to help the City prevent, prepare for, and respond to the continued threat of the Coronavirus to the City’s vulnerable homeless population. 189 CAPER 25 OMB Control No: 2506-0117 (exp. 07/31/2015) Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs To help prevent homelessness and protect at-risk populations, Huntington Beach continued to participate in the Orange County Continuum of Care System to provide assistance to persons at risk of becoming homeless. In addition, the City continues to pursue opportunities to expand its affordable housing inventory to benefit primarily low-income renters. For example, in FY 2016/17, the City entered into an affordable housing agreement with a local CHDO, Orange County Community Housing Corporation (OCCHC), to acquire and rehabilitate a rental four-plex located at 7792 Barton Drive. The project was granted $781,220 in HOME funds and was completed in April 2018. Additionally, the City provided tenant based rental assistance to 96 households that were homeless or at risk of homelessness FY 2019/20. Many of the households specifically assisted in the fourth quarter of the program year were homeless prevention clients who suffered a sudden loss of income due to the Coronavirus. As discussed above, the City also funded both the City’s Homeless Outreach Program and the StandUp for Kids Street Outreach Program in FY 2019/20. The StandUp for Kids program specifically helps homeless youth ages 12 through 24 in their transition out of foster care. Services provided range from attending to their basic needs for food, clothing, hygiene, and medical care to assessing and mentoring these individuals to exit homelessness. In FY 2019/20, this program assisted 43 youth, while the City’s Homeless Outreach Program assisted 365 persons. The City does not receive Emergency Shelter Grants (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) funding and therefore is not required to develop a discharge coordination policy. However, the City will continue to address a discharge coordination policy with the Orange County Housing Authority and the Continuum of Care Homeless Issues Task Force. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that 190 CAPER 26 OMB Control No: 2506-0117 (exp. 07/31/2015) individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again In an ongoing effort to continue to address the needs of the homeless and those at risk of homelessness, the City focused on the development of sustainable and effective programming, including: applying for short and long-term available funding; partnering with experienced service providers capable of leveraging other funding; creating or securing affordable housing; performing homeless case management; and engaging the homeless through a street outreach component in order to better connect them to available services. Additionally, the Huntington Beach City Council approved funding of $1.5 million in CDBG to operate an emergency homeless shelter with wrap around services to help homeless individuals transition to more stable housing upon exiting the shelter. While the shelter is still in the development stages, it should be operational in FY 2020/21. Thirdly, the City continued to provide tenant based rental assistan ce to qualified households in FY 2019/20. The need for rental subsidies continues to be a priority for the City, and in May 2020, the City released a NOFA/RFP to qualified agencies with experience administering HOME-funded TBRA programs, and a selection was made in June 2020 for TBRA implementation in FY 2020/21. 191 CAPER 27 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-30 - Public Housing 91.220(h); 91.320(j) The City of Huntington Beach does not have any public housing developments. However, Huntington Beach is one of a number of cities that benefits from the services of the Orange County Housing Authority (OCHA), which is currently manages Housing Choice Vouchers for residential units within Huntington Beach. The OCHA waiting list is currently closed. Actions taken to address the needs of public housing Not applicable. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership Not applicable. Actions taken to provide assistance to troubled PHAs Not applicable. 192 CAPER 28 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoni ng ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) Through the administration of the CDBG and HOME programs, every effort is made to remove barriers to affordable housing through agreements with for-profit and non-profit affordable housing developers. These efforts also include working with neighborhood residents to ensure affordable housing projects are acceptable. Ongoing monitoring of both “for sale” and rental affordable units is conducted by department staff by assuring that the affordable housing covenants are recorded on title when the unit is sold. To address the decline in sources of housing funds, the City will continue to advocate for and pursue federal, state, local and private funding sources for affordable housing. Additionally, as part of the City’s Housing Element update, the City must assess and to the extent feasible, mitigate, its governmental constraints to housing for lower and moderate-income households and persons with disabilities. The Housing Element addressed the City’s provisions for affordable housing, emergency shelters, transitional housing, and supportive housing. The City's 2013-2021 Housing Element specifically addresses the variety of regulatory and financial tools used by the City to remove barriers and facilitate the provision of affordable housing , including the following: Program 2. Multi-family Acquisition/Rehabilitation through Non-Profit Developers Objective: Acquire, rehabilitate, and establish affordability covenants on 80 rental units. Program 7. Residential and Mixed-Use Sites Inventory Objective: Maintain current inventory of vacant and underutilized development sites and provide to developers along with information on incentives. Program 8. Beach and Edinger Corridors Specific Plan Objective: Facilitate development through flexible, form-based standards, and streamlined processing. Encourage affordable housing by requiring inclusionary units to be provided on-site, or within the Specific Plan, and providing additional incentives for increased percentages of affordable units. Program 10. Inclusionary Program and Housing Trust Fund Objective: Continue implementation and re-evaluate Ordinance to provide consistency with case law and market conditions. Establish in-lieu fee amount for projects between 10-30 units. Program 11. Affordable Housing Development Assistance 193 CAPER 29 OMB Control No: 2506-0117 (exp. 07/31/2015) Objective: Provide financial and regulatory assistance in support of affordable housing. Provide information on incentives to development community. Program 13. Affordable Housing Density Bonus Objective: Continue to offer density bonus incentives as a means of enhancing the economic feasibility of affordable housing development. Program 14. Development Fee Assistance Objective: Continue to offer fee reductions to incentivize affordable housing. Specify the waiver of 100% of application processing fees in the Code for projects with 10% extremely low-income units. Program 15. Residential Processing Procedures Objective: Provide non-discretionary development review within the Beach and Edinger Corridors Specific Plan. Adopt streamlined review procedures for multi-family development on a Citywide basis. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City of Huntington Beach has identified long-range strategies, activities and funding sources to implement the goals in the areas of housing and community development services for the benefit of the residents. •The City continued to seek other resources and funding sources to address the biggest obstacle to meeting the community's underserved needs, which is the lack of , and/or, inadequate funding. •The City looked for innovative and creative ways to make its delivery systems more comprehensive and continued existing partnerships with both for-profit and not-for- profit organizations. •The City used HOME and CDBG funds to concentrate on both affordable rental housing, tenant-based rental housing, and homeowner rehabilitation programs. •The City addressed certain housing needs with federal funds such as availability, condition, and fair housing practices to prevent homelessness. •The City also addressed community development needs with federal funds such as infrastructure, improving public facilities and code enforcement. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) As a means of better protecting children and families against lead poisoning, in 1999 HUD instituted revised lead-based paint regulations focused around the following five activities: 194 CAPER 30 OMB Control No: 2506-0117 (exp. 07/31/2015) • Notification • Lead Hazard Evaluation • Lead Hazard Reduction • Ongoing Maintenance • Response to Children with Environmental Intervention Blood Lead Level The City has implemented HUD Lead Based Paint Regulations (Title X), which requires federally funded rehabilitation projects to address lead hazards. Lead -based paint abatement is part of the City's Housing Rehabilitation Program and the Acquisition/Rehabilitation of Affordable Rental Housing Program. Units within rental housing projects selected for rehabilitation are tested if not statutorily exempt. Elimination or encapsulation remedies are implemented if lead is detected and is paid for by either the developer of the project, or with CDBG or HOME funds, as appropriate. To reduce lead-based paint hazards in existing housing, all housing rehabilitation projects supported with federal funds are tested for lead and asbestos. When a lead -based paint hazard is present, the City or the City’s sub-grantee contracts with a lead consultant for abatement or implementation of interim controls, based on the findings of the report. Tenants are notified of the results of the test and the clearance report. In Section 8 programs, staff annually inspects units on the existing program and new units as they become available. In all cases, defective paint surfaces must be repaired. In situations where a unit is occupied by a household with children under the age of six, corrective actions will include testing and abatement if necessary, or abatement without testing. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City’s major objectives in reducing poverty within Huntington Beach are to: • Reduce the number of families on welfare; • Reduce the number of families needing housing subsidies; and • Increase economic opportunities for low- and moderate-income persons. The City’s anti-poverty strategy seeks to enhance the employability of residents through the promotion and support of programs which provide employment training and supportive services, while expanding employment opportunities through the implementation of two Business Improvement Districts, and its Economic Development Strategy. 195 CAPER 31 OMB Control No: 2506-0117 (exp. 07/31/2015) In terms of employment training and supportive services, the City continued to support the Project Self-Sufficiency program with non-CDBG funds. This program aims to assist low income single parents with children to achieve economic independence from public assistance through personal development, education, and job training. Participants were encouraged to attend a monthly support meeting focusing on providing skills, abilities, and resources to promote self- sufficiency. Additionally, the City supported literacy programs for families (Oakview Family Literacy Program) with a combination of General Funds and CDBG that helped to enhance the employability of 153 low-income persons with deficient English speaking, reading, and writing skills. The City also funded an afterschool program with CDBG which allow parents to work while their children are cared for during work hours. The Children’s Bureau assisted 264 children in FY 2019/20. As funding permits, the City will continue to support the following Public Services to increase family stability for lower income households: • Counseling • Domestic Violence Prevention Services • Provision of food • Substance Abuse Services • Job Training Also, the City of Huntington Beach supported a variety of economic development activities that helped to create and retain jobs for low- and moderate-income households. Activities supported include access to Surf City Locator, a free property listing and demographics website that is available 24/7 and is fed directly through the largest and most up-to-date commercial and industrial listing service in Southern California. Each listing is connected to a world of helpful community demographic data, retail potential, heat maps, zoning information, labor market & talent pool details, and more. The City also implemented the BusinessLink Program, which brings City Councilmembers and staff into the Huntington Beach community to speak directly with firm owners and operators at their place of business. The goal of the program is to further the relationship between the City and the business community by asking what can be done to assist them and sharing information and resources of which the business owner may be unaware. Lastly, on June 15, City Council approved the COVID-19 Small Business Relief Program to deliver grants of up to $10,000 to Huntington Beach businesses with 30 or fewer employees. The City will fast track the Program to provide immediate relief to local businesses that have experienced hardship due to COVID-19. The City has partnered with the Orange County Small Business 196 CAPER 32 OMB Control No: 2506-0117 (exp. 07/31/2015) Development Center (OC SBDC) to administer this Program, which is entirely funded with $4.75 million of one-time federal CARES Act funds distributed to the City by the Orange County Board of Supervisors. The City fully complied with Section 3 of the Housing and Community Development Act, which helps foster local economic development and individual self-sufficiency. This set of regulations require that to the greatest extent feasible, the City will provide job training, employmen t, and contracting opportunities for low or very low -income residents in connection with housing and public construction projects. Actions taken to develop institutional structure. 91.220(k); 91.320(j) As the recipient of CDBG and HOME funds, the City delegated the Office of Business Development to be the lead department responsible for the overall administration of HUD grants. In that regard, the Division prepared the Consolidated Plan and the Regional Analysis of Impediments to Fair Housing Choice, drafted the Annual Action Plan and CAPER, as well as all other reports required by federal rules and regulations. The City has worked with non-profit agencies, for-profit developers, advocacy groups, clubs, organizations, neighborhood leadership groups, City departments, the private sector, and other government entities to implement the City’s five-year strategy to address the priority needs outlined in the Consolidated Plan for Fiscal Years 2015/2016 – 2019/2020. Engaging the community and stakeholders in the delivery of services and programs for the benefit of low to moderate residents has been vital in overcoming gaps in service delivery. The City also utilized public notices, Community Workshops and Meetings (as appropriate), the City’s website, and other forms of media to deliver information on carrying out the Con solidated Plan strategies. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) In an ongoing effort to bridge the gap of various programs and activities, the City developed partnerships and collaborations with local service providers and City departments that have been instrumental in meeting the needs and demands of the homeless, low income individuals and families, and other special needs. The array of partners includes but is not limited to: the Huntington Beach Police Department, Library Services, Community Services, and Public Works Departments, American Family Housing, Habitat for Humanity, Interval House, Mercy House, Families Forward, Collete’s Children’s Home, AMCAL, Community SeniorServ, Project Self Sufficiency, the Fair Housing Foundation, the Orange County Housing Authority, and 2-1-1 197 CAPER 33 OMB Control No: 2506-0117 (exp. 07/31/2015) Orange County and OC Community Services (Orange County Continuum of Care). Identify actions taken to overcome the effects of any impediments identified in the jurisdiction’s analysis of impediments to fair housing choice. 91.520(a) In FY 2015/16, the City, in collaboration with 15 other Orange County cities, completed a Regional Analysis of Impediments to Fair Housing Choice. The report provides for a variety of activities to promote fair housing choice awareness and knowledge of state and federal fair housing laws. The activities are identified in Attachment 1 – City of Huntington Beach Fair Housing Plan 2015/16 –2019/20. The actions taken below are primarily implemented by the Fair Housing Foundation (FHF), with coordination and oversight by the City's Office of Business Development. Education and Outreach Activities In partnership with the FHF, the City conducted multi-faceted fair housing outreach to Huntington Beach tenants, landlords, property owners, realtors, and property management companies. Methods of outreach included workshops, informational booths at community events, presentations to civic leaders and community groups, staff trainings, and distribution of multi-lingual fair housing literature. In FY 2019/20, the FHF provided 211 unduplicated households with these direct client services. Majority of direct client services (80%) were given to in-place tenants that requested information covered by fair housing laws. The FHF also provided a comprehensive, extensive, and viable education and outreach program. The purpose of this program was to educate managers, tenants, landlords, owners, realtors, and property management companies on fair housing laws, to promote media and consumer interest, and to secure grass roots involvement within communities. FHF specifically aimed their outreach to persons and protected classes that were most likely to encounter housing discrimination. FHF conducted regularly scheduled “All Area Activities” that directly benefited residents of Huntington Beach. In FY 2019/20, 294 individuals were assisted within city limits, two fair housing workshops were offered, and 14 individuals were trained in fair housing laws and practices. Third, the FHF participated in many community relations events including making contact with nine agencies to discuss fair housing; attended eight agency and community meetings; made ten agency and community presentations; and distributed 7,066 pieces of literature including in Huntington Beach. Finally, the City worked to enhance access to services and housing for residents with limited 198 CAPER 34 OMB Control No: 2506-0117 (exp. 07/31/2015) English proficiency. For the federal CDBG program, the City offered to make public notices available in English, Spanish and Vietnamese, and ensured translators were available at public meetings, if requested. Landlord/Tenant Counseling Services Another service provided by the Fair Housing Foundation are landlord and tenant counseling services. FHF counsels managers, owners, realtors, landlords and tenants on their rights and responsibilities. FHF Housing Counselors counsel each client initially to determine if any fair housing violations have occurred. A total of 246 persons received these counseling services in FY 2019/20. Of the issues counseled on, majority had to do with noticing at 54%, habitability at 16%, general issues at 12%, and lease terms, rent increases, and security deposits at 8% each. Additionally, FHF continued to provide investigation and response to allegations of illegal housing discrimination. Of the 21 allegations of discrimination, 19 were resolved and two resulted in further investigation including a review of documents and a site survey. These two cases of illegal discrimination are based on national origin and familial status. These cases are currently still under investigation. For cases that cannot be conciliated, FHF refers them to the Department of Fair Housing and Employment (DFEH), U.S. Department of Housing and Urban Development (HUD), small claims court, or to a private attorney, as warranted. Investigative Testing and Auditing Local Real Estate Markets Audits were used to address a lack of bonafide cases during the fiscal year. Through counseling and case management, FHF identified that the most common complaints being alleged were based on disability. Specifically, for the City of Huntington Beach, of the 21 allegations of discrimination received, 16, or 76%, were regarding disability. In response to this, the FHF provided training to housing providers and has develop an “Accommodations & Modification 101 Workshop” to help address the concerns and responsibilities housing providers have toward persons with disabilities. The workshop is currently being offered virtually due to the COVID-19 pandemic. 199 CAPER 35 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City follows monitoring procedures for subrecipients, which includes in -house review of quarterly progress reports and expenditures, and an annual desk or on-site visit to ensure compliance with federal regulations. The monitoring system encourages uniform reporting to achieve consistent information on beneficiaries. Technical assistance is provided throughout the program year on an as-needed basis. Formal monitoring of FY 2019/20 subrecipients will be performed by desk review only because of the COVID-19 pandemic. It is scheduled for FY 2020/21. The City also performs project monitoring of all rent restricted affordable units assisted with HOME, CDBG, and the former Redevelopment Agency Housing Set-Aside Funds, and in accordance with 24 CFR 92.504 (d): • Annual audits for compliance with regulatory agreement affordability covenants; and • On site visits, which include property inspections of randomly selected units assisted with HOME, CDBG, and former Redevelopment Agency Housing Set- Aside Funds. In addition, the City encouraged minority business outreach in all of its federally assisted (CDBG and HOME) construction work in excess of $2,000. As part of the Notice Inviting Bid procedures, the City requires subrecipients undertaking improvements, reconstruction, or rehabilitation of community and private facilities, infrastructure projects, and affordable housing development to make a good faith effort to hire women or minority-based businesses and to require equal employment opportunity for all individuals and business concerns. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Pursuant to 24 CFR Part 91, the City solicited public review and comment on the draft 2019/20 Consolidated Annual Performance and Evaluation Report (CAPER). The public review period was from October 1, 2020 through October 19, 2020. The 2019/20 CAPER was available in hard copy at Huntington Beach City Hall and for public review on the City’s website at: http://www.huntingtonbeachca.gov/business/economic-development/cdbg/. Copies were also available to be emailed or delivered via U.S. mail to interested persons. A public hearing to 200 CAPER 36 OMB Control No: 2506-0117 (exp. 07/31/2015) approve the plan was held on October 19, 2020. 201 CAPER 37 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The City of Huntington Beach submitted one administrative (minor) and two substantial amendments to its 2019/20 Annual Action Plan. First, on November 25, 2019, the City processed a minor amendment to redistribute CDBG and CDBG-Revolving Loan Funds from the Owner Occupied Single-Family, Condo, and Mobile Home Rehab Program, Owner-Occupied Single-Family Rehab Loan Program, and the Housing Rehabilitation Administration activities to the ADA Curb Cuts in Maintenance Zone 9 public facility project. With the redistribution of these funds, the City was able to meet its CDBG timeliness test on May 2, 2020. Next, on June 15, 2020, following the National Emergency concerning the Novel Coronavirus and the subsequent law enacting the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Huntington Beach City Council authorized the following changes to the FY 2019/20 Annual Action Plan: • Cancellation of the 2018 Huntington Beach Navigation Center Project (Emergency Homeless Shelter) at 15311 Pipeline Lane. • Cancellation of the 2019 Section 108 Loan Repayment activity, originally funded with $220,536 in CDBG funds. • The addition of a new public service called the Cameron Lane Navigation Center Operations Program. The City allocated $772,181 in CDBG program income and $727,819 in CARES Act (CDBG-CV) funding, for a total of $1.5 million, to cover costs associated with the operations of an emergency homeless facility located at 17631 Cameron Lane, Huntington Beach. Costs such as staffing, utilities, maintenance, and wrap around homeless services will be necessary to help the City prevent, prepare for, and respond to the continued threat of the Coronavirus to the City’s vulnerable homeless population. • An increase of CDBG funding by $25,000 to the City’s Children’s Bureau public service. The program, which normally offered after school care to students of low-to-moderate income families, extended its hours to full day care, hired additional staff for smaller staff/children ratios, and incurred additional equipment and supply costs because of COV ID-19. • An increase of CDBG funding by $15,000 to the City’s Senior Services Care Management program to cover additional staff costs due to the increase in demand for senior meals brought on by the COVID-19 pandemic. • Close out of the City of Huntington Beach Revolving Loan Fund Program. In 2004, the City of Huntington Beach established a CDBG revolving loan fund for the purpose of carrying out 202 CAPER 38 OMB Control No: 2506-0117 (exp. 07/31/2015) specific housing rehabilitation activities which, in turn, generated payments to the fund for use in carrying out the same activities. Revolving loan funds collected from rehabilitation loans are considered program income. The City will continue to use collected program income revenues on housing rehabilitation activities but will have added flexibility in using the program income on other CDBG-eligible uses as well. •Cancellation of the 15161 Jackson Street Navigation Center Project that was previously awarded $667,808 in HOME funds. The project was cancelled by the developer, American Family Housing. •An increase in the HOME Administration budget in the amount of $234,569 for a total HOME allocation of $290,949. Finally, on August 3, 2020, the City approved Amendment No. Three (substantial) to the Annual Action Plan which included the following actions: •In increase in CDBG funding of $1,500 to the City’s Special Code Enforcement Program, for a total allocation of $191,500. •An increase of CDBG funding of $8,150 to the City’s Homeless Outreach Program, for a total allocation of $81,505. The Homeless Outreach Program experienced an increased level of service calls connected to housing homeless persons during the National Emergency concerning the Novel Coronavirus. Additional funds are being allocated to pay for costs associated with preparing, preventing, and responding to COVID-19. •An increase in the HOME Administration budget in the amount of $100,000 for a total HOME allocation of $390,949. Additional administrative funds were needed to offset costs associated with the administration of the City’s Tenant Base d Rental Assistance Programs that will be implemented as part of the City’s strategy to prepare, prevent, and respond to COVID-19, additional strategic planning needed to utilize CARES Act funding, and other affordable housing related costs. 203 CAPER 39 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on -site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situ ation. The City of Huntington Beach contracts with a consultant to perform monitoring of the City’s 15 HOME-assisted projects (52 units in total). While all 15 projects received an annual desk monitoring on income, rent levels, and occupancy limits, onsite inspections could not take place as planned due to the Shelter in Place ordinance that was in place because of the Coronavirus pandemic. All projects are in compliance with rent, income, and occupancy limits and inspections will be rescheduled when on site inspections are allowed. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) For new construction and rehabilitation of rental project activities, the City requires the owner/developer to have in place an Affirmative Fair Housing Marketing Plan prior to any lease- up activities occurring. The City has started conducting a review of Affirmative Marketing Plans of all affordable rental housing developments. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Huntington Beach receipted $2,342,573 in HOME program income in FY 2019/20, most of which is attributed to loan payoffs associated with two past affordable housing projects: Huntington Pointe and Hermosa Vista. Between July 1, 2019 and June 30, 2020, the City drew down $79,332.44 for tenant based rental assistance programs (IDIS Activity #634, 635, and 636) which provide rental assistance to homeless, senior, and veteran households. Consistent with HUD regulations, the City drew down program income before requesting funds from the HOME letter of credit. Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) 204 CAPER 40 OMB Control No: 2506-0117 (exp. 07/31/2015) In FY 2015/16, the City entered negotiations with the Orange County Community Hous ing Corporation (OCCHC) to develop a site located at 7792 Barton Drive. In early FY 2016/17 (October 2016), the project was ultimately awarded $781,220 in Federal HOME funds for the acquisition and rehabilitation of the four-plex. The project was completed in FY 2017/18 and has since been rented to three very-low income, and one low-income households. Additionally, the City negotiated the terms of three tenant based rental assistance agreements with Interval House, Mercy House, and Families Forward to provide a tenant based rental assistance programs for homeless, veterans, seniors, and victims of domestic violence households. The three administrators of TBRA assisted 96 households in FY 2019/20. Contracts with each of these providers have been renewed for FY 2020/21. 205 City of Huntington Beach File #:20-1848 MEETING DATE:10/19/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Approve Local Coastal Program Amendment (LCPA) No. 20-001 by adopting City Council Resolution No. 2020-59; and, requesting its certification by the California Coastal Commission Statement of Issue: Transmitted for your consideration is a resolution adopting Local Coastal Program Amendment (LCPA) No. 20-001 to forward three zoning text amendments that were previously approved by the City Council to the California Coastal Commission. LCPA No. 20-001 constitutes a minor amendment to the City of Huntington Beach Certified Local Coastal Program. Public hearings were previously held for each of the amendments, thus, approval of the resolution is an administrative item that does not require a public hearing. Staff recommends approval of LCPA No. 20-001. Financial Impact: Not applicable. Recommended Action: Approve Local Coastal Program Amendment No. 20-001 by adopting City Council Resolution No. 2020-59, “A Resolution of the City Council of the City of Huntington Beach, State of California, Adopting Local Coastal Program Amendment No. 20-001 and Requesting its Certification by the California Coastal Commission (Attachment No. 1).” Alternative Action(s): The City Council may make the following alternative motion(s) on Local Coastal Program Amendment No. 20-001: 1. Deny Local Coastal Program Amendment No. 20-001 and direct staff to return with findings for denial. 2. Continue Local Coastal Program Amendment No. 20-001 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: City of Huntington Beach Printed on 10/14/2020Page 1 of 3 powered by Legistar™206 File #:20-1848 MEETING DATE:10/19/2020 Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Location: Coastal Zone Local Coastal Program Amendment No. 20-001 represents a request to approve a resolution to forward to the California Coastal Commission three zoning text amendments approved by the City Council over the last two years. The specific amendments are listed below and generally described in Attachment No. 5. 1. ZTA No. 18-003: Minor Code Update & Clarifications a. Ordinances No. 4172 - No. 4176 b. Approved by City Council on February 4, 2019 2. ZTA No. 19-002: Minor Code Update & Clarifications a. Ordinances No. 4193 - No. 4199 b. Approved by City Council on February 3, 2020 3. ZTA No. 19-005: Group Homes a. Ordinances No. 4212 - No. 4216 b. Approved by City Council on July 20, 2020 B. BACKGROUND: The City’s certified Local Coastal Program consists of two parts: the Land Use Plan/ Coastal Element of the General Plan and the Implementing Ordinances. The Implementing Ordinances include the Zoning and Subdivision Ordinance and specific plans within the coastal zone that have been certified by the California Coastal Commission (Downtown Specific Plan, Holly Seacliff Specific Plan, Seacliff Specific Plan, Palm and Goldenwest Specific Plan, Magnolia Pacific Specific Plan, and Huntington Harbour Bay Club Specific Plan). Any changes to the Implementing Ordinances must be forwarded to the Coastal Commission as a Local Coastal Program Amendment (LCPA) for certification and incorporation into the City’s Local Coastal Program. Certification by the Coastal Commission is necessary in order for the ordinances to be effective in the coastal zone. C. STAFF ANALYSIS AND RECOMMENDATION: This LCPA represents a minor amendment to the City’s certified Local Coastal Program. All of the amendments have been approved by the City Council with public hearings and no coastal related issues were brought forward. Staff has grouped these amendments as one LCPA to minimize staff and administrative time because they are minor from the Coastal Commission’s perspective. Staff recommends that the City Council approve Local Coastal Program Amendment No. 20-001 because it will update the City’s certified Local Coastal Program by incorporating previously approved entitlements and will constitute a minor amendment to the City’s certified Local Coastal Program. Environmental Status: All of the subject Zoning Text Amendments were analyzed per the California Environmental Quality Act (CEQA) at the time they were adopted by the City Council. The subject resolution to adopt Local Coastal Program Amendment No. 20-001 and forward to the Coastal Commission for certification City of Huntington Beach Printed on 10/14/2020Page 2 of 3 powered by Legistar™207 File #:20-1848 MEETING DATE:10/19/2020 Coastal Program Amendment No. 20-001 and forward to the Coastal Commission for certification does not require additional environmental review and is exempt pursuant to Section 15265(a)(1) of the CEQA Guidelines, which exempts approvals by a local government necessary for the preparation and adoption of a local coastal program. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Resolution No. 2020-59 A Resolution Adopting Local Coastal Program Amendment No. 20-001 and Requesting its Certification by the California Coastal Commission 2. Exhibit A ZTA No. 18-003 Minor Code Update and Clarification Ordinances No. 4172 - No. 4176 3. Exhibit B ZTA No. 19-002 Minor Code Update and Clarification Ordinances No. 4193 - No. 4199 4. Exhibit C ZTA No. 19-005 Group Homes Ordinance No. 4212 - No. 4216 5. Summary of Subject Entitlements City of Huntington Beach Printed on 10/14/2020Page 3 of 3 powered by Legistar™208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 ATTACHMENT NO. 5 SUMMARY OF ENTITLEMENTS LCPA No. 20-001 1. ZONING TEXT AMENDMENT NO. 18-003: This application amends six Chapters of the Huntington Beach Zoning and Subdivision Ordinance to reorganize certain entitlement applications to a lower hearing body, codify existing policies, and clarify sections of the code. The six chapters amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 211 (Commercial Districts), Chapter 214 (Public-Semipublic District), Chapter 230 - Section 230.26 (Affordable Housing), and Chapter 231 (Off-Street Parking and Loading Provisions). 2. ZONING TEXT AMENDMENT NO. 19-002: This application amends seven Chapters of the Huntington Beach Zoning and Subdivision Ordinance for overall maintenance pertaining to vehicle storage, parking structures, residential infill requirements, and moving/relocating structures. The seven chapters amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), Chapter 211 (Commercial Districts), Chapter 212 (Industrial Districts), Chapter 230 - Section 230.22 (Residential Infill Lot Development) and Section 230.74 (Outdoor Facilities), and Chapter 231 (Off- Street Parking and Loading Provisions). 3. ZONING TEXT AMENDMENT NO. 19-005: This application amends four chapters of the Huntington Beach Zoning and Subdivision Ordinance and creates a new chapter of the Huntington Beach Municipal Code (HBMC) that, in combination, establish a set of regulations for Group Homes, Sober Living Homes, and Residential Care Facilities affecting Residential Districts Citywide. The four chapters of the HBZSO amended are Chapter 203 (Definitions), Chapter 204 (Use Classifications), Chapter 210 (Residential Districts), and Chapter 230 (Site Standards) - Section 230.28 Group Homes. The chapter of the HBMC added is Chapter 5.110 Group Homes. 457